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| 4.__Sale of segregated investments.__Investments segregated under | | subsection 2 may be sold or exchanged for other securities or | | investments by a vote of the members of the governing body of the | | financial institution but must be sold when so ordered by the | | conservator or the superintendent.__All money received from the | | sales of or as income from the securities or investments must be | | entered into a special account and held by the financial | | institution for the benefit of the depositors or members whose | | deposits were reduced under subsection 3, to be disposed of as | | provided in subsection 5. |
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| | | 5.__Repayment of reductions.__ The members of the governing | | body of a financial institution from time to time may, and when | | directed by the superintendent shall, declare pro rata dividends | | of money received as provided in subsection 4 to be distributed | | among the depositors or members whose deposits were reduced under | | subsection 3, payable to those who would then have been entitled | | to receive the sums deducted if the sums had continued to be | | included in the reduced deposits, and payable as other dividends | | are paid. |
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| | | A.__Any depositor or member whose deposit was reduced, any | | holder of a certificate issued pursuant to subsection 3, | | paragraph B or the financial institution may file a | | complaint with the superintendent after one year from the | | date of the reduction for an order of distribution whenever | | the condition of the financial institution, taking into | | account the rights of creditors and of preferred | | stockholders, if any, warrants the payment. |
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| | | B.__The superintendent may at any time declare the repayment | | under paragraph A to be final. |
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| | | 6.__Conservator continuing business.__The conservator may | | continue to operate the financial institution in accordance with | | the following conditions and limitations. |
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| | | A.__All depositors, members and investors of the financial | | institution may continue to make payments to the financial | | institution in accordance with the terms and conditions of | | their contracts. |
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| | | B.__The conservator may set aside and make available for | | withdrawal by depositors or members and payment to other | | creditors on a ratable basis the amounts as in the opinion | | of the superintendent may safely be used for that purpose. |
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| | | C.__The conservator may receive deposits under the following | | limitations.__The deposits: |
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