Note 11 – FDIC Indemnification Asset

On April 15, 2011, the Mississippi Department of Banking and Consumer Finance closed the Heritage Banking Group (Heritage) and appointed the FDIC as receiver. On the same date, TNB entered into a purchase and assumption agreement with the FDIC in which TNB agreed to assume all of the deposits and purchase essentially all of the assets of Heritage. The FDIC and TNB also entered into loss-share agreements covering substantially all loans and all other real estate acquired. Under the loss-share agreements, the FDIC will cover 80% of covered loan and other real estate losses incurred. Pursuant to the provisions of the loss-share agreements, TNB may be required to make a true-up payment to the FDIC at the termination of the loss-share agreements should actual losses be less than certain thresholds established in the agreement. TNB calculates the projected true-up payable to the FDIC quarterly and records a FDIC true-up provision for the present value of the projected true-up payable to the FDIC at the termination of the loss-share agreements. TNB’s FDIC true-up payable totaled $2.6 million and $2.5 million at December 31, 2016 and 2015, respectively.

TNB’s loss-share agreement with the FDIC covering the acquired covered loans and related covered other real estate, excluding those secured by 1-4 family residential property, expired on June 30, 2016. The remaining loss-share agreement covering acquired covered loans secured by 1-4 family residential property and the related covered other real estate will expire in 2021.

Trustmark periodically re-estimates the expected cash flows on the acquired covered loans as required by FASB ASC Topic 310-30. For 2016, 2015 and 2014, this analysis resulted in improvements in the estimated future cash flows of the acquired covered loans that remain outstanding as well as lower expected remaining losses on those loans, primarily due to pay-offs of acquired covered loans. The pay-offs and improvements in the estimated expected cash flows of the acquired covered loans resulted in a reduction of the expected loss-share receivable from the FDIC. Reductions of the FDIC indemnification asset resulting from improvements in expected cash flows and covered losses based on the re-estimation of acquired covered loans are amortized over the lesser of the remaining life or contractual period of the acquired covered loan as a yield adjustment consistent with the associated acquired covered loan. Other income, net for 2016, 2015 and 2014 included $550 thousand, $2.6 million and $2.1 million, respectively, of amortization of the FDIC indemnification asset. Amortization of the FDIC indemnification asset resulted from improvements in the expected cash flows and lower loss expectations. During 2016, other income, net also included an increase of the FDIC indemnification asset of $180 thousand, compared to a reduction of the FDIC indemnification asset of $929 thousand in 2015 and $800 thousand in 2014, primarily resulting from loan pay-offs partially offset by loan pools of acquired covered loans with increased loss expectations.

At December 31, 2016, the FDIC indemnification asset, net of the true-up payable, was included in other liabilities in the accompanying consolidated balance sheet. For the periods presented, changes in the FDIC indemnification asset were as follows ($ in thousands):

	Years Ended December 31,
	2016			2015			2014
Balance at beginning of period	$	738		$	6,997		$	14,347
Amortization		(550	)		(2,583	)		(2,074	)
Transfers to FDIC claims		(970	)		(2,715	)		(4,443	)
Change in expected cash flows		(629	)		(536	)		(517	)
Change in FDIC true-up payable		(70	)		(425	)		(316	)
Balance at end of period	$	(1,481	)	$	738		$	6,997