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The following table provides a summary of the financial effects of the modifications during 2011, as <br />well as the outstanding balance at December 31, 2011. In addition, the table provides a summary of loans <br />outstanding at December 31, 2011 that were modified as TDRs within the previous 12 months for which <br />there was a payment default during the period. A payment default is defined as 90 days past due for <br />commmercial portfolio and 60 days past due for consumer portfolio. For the commercial portfolio, these are <br />mostly interest only payment defaults. <br />(dollars in thousands) <br />2011 <br />Financial Effects Subsequent Defaults <br />Pre Post Balance at Balance at <br />Modification Modification December 31, Number of December 31, <br />Loan Balance Loan Balance 2011 Contracts 2011 <br />Commercial TDRs: <br />Commercial and industrial $149,255 $146,407 $121,440 1 $ 1,126 <br />Commercial real estate 167,205 162,944 114,133 6 11,372 <br />Construction 80,693 73,497 50,150 <br />Equipment leases 16,174 16,094 15,079 - <br />Agriculture 58,853 56,951 47,645 <br />Consumer TDRs: <br />Installments and lines 16,889 16,889 13,470 29 1,174 <br />Residential secured - closed -end 98,360 102,152 87,871 45 7,351 <br />Residential secured - revolving, open-end 636 636 668 - <br />Total <br />$588,065 $575,570 $450,456 81 $21,023 <br />Commercial TDR loans, for which we either forbore our rights to take legal action in relation to past <br />due payments or used third party collection agencies, are not considered to be in subsequent payment <br />default and were $20.7 million at December 31, 2011. <br />Nonaccrual and Past Due Loans and Leases <br />Total nonaccrual loans and leases were $769.9 million and $1,484.4 million as of December 31, 2011 <br />and 2010, respectively. The following table presents information relating to the past due and nonaccrual <br />status of the loans and leases by class: <br />(dollars in thousands) <br />December 31, 2011 <br />Loans and Past due 90 <br />leases on days or <br />30 - 89 days More than Total loans nonaccrual more but still <br />Current past due 90 days and leases status accruing <br />Commercial: <br />Commercial and industrial $ 7,529,482 $ 53,019 $ 43,988 $ 7,626,489 $111,588 $ 5,361 <br />Commercial real estate 8,755,994 95,894 107,571 8,959,459 280,563 8,064 <br />Construction 652,001 38,257 34,810 725,068 93,988 2,956 <br />Equipment leases 2,609,384 16,506 15,235 2,641,125 34,860 - <br />Agriculture 1,978,119 15,846 32,211 2,026,176 42,846 7,372 <br />Consumer: <br />Installments and lines 11,005,003 115,733 9,537 11,130,273 9,537 - <br />Residential secured - closed -end 7,722,443 148,697 180,843 8,051,983 185,737 733 <br />Residential secured - revolving, <br />open-end 2,239,166 16,838 10,817 2,266,821 10,817 <br />Total $42,491,592 5500,790 $435,012 $43,427,394 $769,936 $24,486 <br />-29- <br />2011 Bank of the West Annual Report <br />