First Amendment to the Umpqua Bank Endorsement Method Split Dollar Agreement, dated November 12, 2024, by and between Umpqua Bank and Lisa Dow

EX-10.89 11 colb-20241231xex1089dow10x.htm FIRST AMENDMENT TO THE UMPQUA BANK SPLIT DOLLAR AGREEMENT - DOW Document

EXHIBIT 10.89 
FIRST AMENDMENT TO THE
UMPQUA BANK
ENDORSEMENT METHOD
SPLIT DOLLAR AGREEMENT
(By and Between UMPQUA BANK and LISA DOW)

This First Amendment to the Umpqua Bank Endorsement Method Split Dollar Agreement (“Amendment”) hereby amends the prior Endorsement Method Split Dollar Agreement (“Original Agreement”, and as amended thereafter), previously entered into on February 25th, 2019, by and between Columbia State Bank, which has since merged with and is now known as UMPQUA BANK (“Bank”) and LISA DOW (“Insured"). This Amendment hereby amends the Original Agreement by and between the parties as follows:

1.    Paragraph 1.1 of the Agreement shall be deleted in its entirety and shall be replaced with the following:
    
1.1    Accelerated Benefit/Terminal Illness. The term “Accelerated Benefit” shall mean amounts requested and received pursuant to any Policy(ies’) Terminal Illness rider permitting the policy owner or Insured access to portions of the eligible death benefit in the event Insured is diagnosed with a qualifying “Terminal” illness.

2.    Section 7 of the Agreement shall be deleted in its entirety and shall be replaced with the following:

7.    ACCELERATED BENEFIT IN THE EVENT OF TERMINAL ILLNESS AND DIVISION OF CASH SURRENDER VALUE.
    
A.    In the event the Policy(ies) provides for such option through a Terminal Illness Rider and Insured satisfies the Policy requirements regarding what it means to be Terminally Ill, then provided that Insured has not yet Separated From Service, they shall have the right to request (in writing) and receive from the Policy(ies) an amount up to the benefit specified in Paragraph 6A; however, this amount shall be subject to any further limitation imposed by the Policy(ies) itself.

Insured shall have no ability to access the Terminal Illness Rider after they have Separated From Service.

B.    Any Accelerated Benefit paid to the Insured hereunder shall be deducted from any amounts to which Insured or their Beneficiary(ies) is (or may be) entitled pursuant to the provisions of Paragraph 6 of the Split Dollar Agreement.
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C.    Neither Employer nor Corrigan & Company (PFIS) make any representations or warranties about the tax consequences of such a request for accelerated or living benefits.

In addition, and subject to the forgoing, at all times prior to the Insured’s death, the Bank shall be entitled to an amount equal to the Policy(ies)’s cash value, as that term is defined in the Policy(ies) contract, less any Policy loans, accelerated benefits and unpaid interest or cash withdrawals previously incurred by the Bank and any applicable surrender charges. Such cash value shall be determined as of the date of surrender or death as the case may be.


To the extent that any paragraph, term, or provision of the Agreement is not specifically amended herein, or in any other amendment thereto, said paragraph, term, or provision shall remain in full force and effect as set forth in said Agreement.

IN WITNESS WHEREOF, the Insured and a duly authorized Bank officer have signed this Amendment as of the written date.


  UMPQUA BANK                
 
/s/ ANDREW OGNALL
Authorized Bank Officer Signature        

Executive Vice President/CHRO
Authorized Bank Officer Title

 Date: November 12, 2024         


INSURED

/s/ LISA DOW
Insured- Signature                 


Date: November 12, 2024                   

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