Amendment Number 1 to Schedule 13G

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

SCHEDULE 13G

 

Under the Securities Exchange Act of 1934

(Amendment No. 1)*

 

 

 

TierOne Corporation

(Name of Issuer)

 

Common Stock

(Title of Class of Securities)

 

88650R108

(CUSIP Number)

 

December 31, 2008

(Date of Event Which Requires Filing of this Statement)

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

 

  ¨   Rule 13d-1(b)

 

  x   Rule 13d-1(c)

 

  ¨   Rule 13d-1(d)

 

*    The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

West Family Investments, LLC

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

Illinois

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

-0-

    6   

Shared Voting Power:

 

202,583

    7   

Sole Dispositive Power:

 

-0-

    8   

Shared Dispositive Power:

 

202,583

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

202,583

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

1.1%(1)

12   

Type of Reporting Person

 

OO

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 2

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Gary L. West

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

-0-

    6   

Shared Voting Power:

 

762,022(1)

    7   

Sole Dispositive Power:

 

-0-

    8   

Shared Dispositive Power:

 

762,022(1)

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

762,022(1)

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

4.2%(2)

12   

Type of Reporting Person

 

IN

 

(1)

  

Includes 202,583 shares that West Family Investments, LLC (“WFI”) holds voting and dispositive power over. As a principal owner of WFI, Mr. West may be deemed to control WFI and share investment discretion over the shares that WFI beneficially owns. Mr. West disclaims beneficial ownership of these shares except to the extent of his pecuniary interest therein.

 

(2)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 3

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Mary E. West

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

-0-

    6   

Shared Voting Power:

 

759,904(1)

    7   

Sole Dispositive Power:

 

-0-

    8   

Shared Dispositive Power:

 

759,904(1)

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

759,904(1)

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

4.2%(2)

12   

Type of Reporting Person

 

IN

 

(1)

  

Includes 202,583 shares that West Family Investments, LLC (“WFI”) holds voting and dispositive power over. As a principal owner of WFI, Mrs. West may be deemed to control WFI and share investment discretion over the shares that WFI beneficially owns. Mrs. West disclaims beneficial ownership of these shares except to the extent of her pecuniary interest therein.

 

(2)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 4

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Randy Rochman

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

-0-

    6   

Shared Voting Power:

 

1,388,415(1)

    7   

Sole Dispositive Power:

 

-0-

    8   

Shared Dispositive Power:

 

1,388,415(1)

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

1,388,415(1)

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

7.7%(2)

12   

Type of Reporting Person

 

IN

 

(1)

  

Includes (i) 71,172 shares held jointly with Mr. Rochman’s spouse, (ii) 557,339 shares held by Gary L. West over which Mr. Rochman holds shared dispositive and voting power, (iii) 555,221 shares held by Mary E. West over which Mr. Rochman holds shared dispositive and voting power, (iv) 2,100 shares held jointly by Gary L. West and Mary E. West over which Mr. Rochman holds shared dispositive and voting power and (v) 202,583 shares that West Family Investments, LLC (“WFI”) holds voting and dispositive power over. As the Chief Executive Officer of WFI, Mr. Rochman may be deemed to control WFI and share investment discretion over the shares that WFI beneficially owns. Mr. Rochman disclaims beneficial ownership of these shares except to the extent of his pecuniary interest therein.

 

(2)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 5

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Elizabeth Rochman

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

1,200

    6   

Shared Voting Power:

 

71,172

    7   

Sole Dispositive Power:

 

1,200

    8   

Shared Dispositive Power:

 

71,172

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

72,372

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 6

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Barton Rochman

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

6,739

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

6,739

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

6,739

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 7

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Susan Temple

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

2,200

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

2,200

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

2,200

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 8

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Jim Young

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

400

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

400

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

400

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 9

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Andy McDill

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

350

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

350

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

350

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 10

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Johnny Bubb

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

1,599

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

1,599

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

1,599

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 11

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Dennis M. O’Brien

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

10,000

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

10,000

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

10,000

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 12

CUSIP NO. 88650R108

      

 

  1   

Name of Reporting Persons

 

Chad Sandstedt

  2   

Check the Appropriate Box if a Member of a Group

 

(a)  ¨

(b)  x

    3   

SEC Use Only

 

  4   

Citizenship or Place of Organization

 

United States

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON

WITH

     5   

Sole Voting Power:

 

600

    6   

Shared Voting Power:

 

-0-

    7   

Sole Dispositive Power:

 

600

    8   

Shared Dispositive Power:

 

-0-

9   

Aggregate Amount Beneficially Owned by Each Reporting Person

 

600

10   

Check if the Aggregate Amount in Row (9) Excludes Certain Shares  ¨

 

11   

Percent of Class Represented by Amount in Row (9)

 

0.0%(1)

12   

Type of Reporting Person

 

IN

 

(1)

  

The percent ownership is calculated based upon an aggregate of 18,035,192 shares outstanding as of November 7, 2008.

 

Page 13

Item 1.  

 

a.   Name of Issuer:

 

       TierOne Corporation (the “Issuer”)

 

b.   Address of Issuer’s Principal Executive Offices:

 

       1235 “N” Street
       Lincoln, NE 68508

 

Item 2.  

 

a.   Name of Person Filing:

The persons filing this report (collectively, the “Reporting Persons”) are:

 

  (i)   West Family Investments, LLC

 

  (ii)   Gary L. West

 

  (iii)   Mary E. West

 

  (iv)   Randy Rochman

 

  (v)   Elizabeth Rochman

 

  (vi)   Susan Temple

 

  (vii)   Barton Rochman

 

  (viii)   Jim Young

 

  (ix)   Andy McDill

 

  (x)   Johnny Bubb

 

  (xi)   Dennis M. O’Brien

 

  (xii)   Chad Sandstedt

The natural persons identified in (ii) through (xii) above are affiliates, employees or otherwise related persons of West Family Investments, LLC. Accordingly, the Reporting Persons are making a group filing because, due to the relationships between them, the Reporting Persons may be deemed to constitute a “group” for the purposes of Section 13(d)(3) of the Securities and Exchange Act of 1934 (the “Act”). Neither the present filing nor anything contained herein shall be construed as an admission that all or any of the Reporting Persons constitute a “group” for the purposes of Section 13(d)(3) of the Act. Each of the Reporting Persons expressly disclaims beneficial ownership of securities held by any person or entity other than, to the extent of any pecuniary interest therein, the various accounts under such Reporting Person’s management and control.

 

b.   Address of Principal Business Office:

The principal business address of West Family Investments, LLC, Gary L. West, Mary E. West, Randy Rochman, Elizabeth Rochman, Susan Temple, Barton Rochman, Jim Young, Andy McDill and Johnny Bubb is:

1603 Orrington, Suite 810

Evanston, Illinois 60201

 

Page 14

The principal business address of Dennis M. O’Brien and Chad Sandstedt is:

6005 Hidden Valley Road, Suite 120

Carlsbad, CA 92011

 

c.   Citizenship:

West Family Investments, LLC is an Illinois limited liability company. Each natural person filing this Report is a citizen of the United States.

 

d.   Title of Class of Securities:

Common Stock

 

e.   CUSIP Number:

88650R108

 

Item 3. If this statement is filed pursuant to sections 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing
  is a(n): N/A

 

a.   [    ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o);

 

b.   [    ] Bank is defined in section 3(a)(6) of the Act (15 U.S.C. 78c);

 

c.   [    ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c);

 

d.   [    ] Investment company registered under section 8 of the Investment Company Act (15 U.S.C. 80a-8);

 

e.   [    ] Investment adviser in accordance with section 240.13d-1(b)(1)(ii)(E);

 

f.   [    ] Employee benefit plan or endowment fund in accordance with section 240.13d-1(b)(1)(ii)(F);

 

g.   [    ] Parent holding company or control person in accordance with section 240.13d-1(b)(ii)(G);

 

h.   [    ] Savings association as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);

 

i.   [    ] Church plan is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company
          Act of 1940 (15 U.S.C. 80a-3);

 

j.   [    ] Group, in accordance with Section 240.13d-1(b)(1)(ii)(J)

 

Item 4. Ownership

West Family Investments, LLC

 

a.   Amount Beneficially Owned: 202,583

 

b.   Percent of Class: 1.1%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: -0-

 

  ii.   Shared power to vote or to direct the vote: 202,583

 

  iii.   Sole power to dispose or to direct the disposition of: -0-

 

  iv.   Shared power to direct the disposition of: 202,583

 

Page 15

Gary L. West

 

a.   Amount Beneficially Owned: 762,022

 

b.   Percent of Class: 4.2%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: -0-

 

  ii.   Shared power to vote or to direct the vote: 762,022

 

  iii.   Sole power to dispose or to direct the disposition of: -0-

 

  iv.   Shared power to direct the disposition of: 762,022

Mary E. West

 

a.   Amount Beneficially Owned: 759,904

 

b.   Percent of Class: 4.2%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: -0-

 

  ii.   Shared power to vote or to direct the vote: 759,904

 

  iii.   Sole power to dispose or to direct the disposition of: -0-

 

  iv.   Shared power to direct the disposition of: 759,904

Randy Rochman

 

a.   Amount Beneficially Owned: 1,388,415

 

b.   Percent of Class: 7.7%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: -0-

 

  ii.   Shared power to vote or to direct the vote: 1,388,415

 

  iii.   Sole power to dispose or to direct the disposition of: -0-

 

  iv.   Shared power to direct the disposition of: 1,388,415

Elizabeth Rochman

 

a.   Amount Beneficially Owned: 72,372

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 1,200

 

  ii.   Shared power to vote or to direct the vote: 71,172

 

  iii.   Sole power to dispose or to direct the disposition of: 1,200

 

  iv.   Shared power to direct the disposition of: 71,172

Barton Rochman

 

a.   Amount Beneficially Owned: 6,739

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 6,739

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 6,739

 

  iv.   Shared power to direct the disposition of: -0-

 

Page 16

Susan Temple

 

a.   Amount Beneficially Owned: 2,200

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 2,200

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 2,200

 

  iv.   Shared power to direct the disposition of: -0-

Jim Young

 

a.   Amount Beneficially Owned: 400

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 400

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 400

 

  iv.   Shared power to direct the disposition of: -0-

Andy McDill

 

a.   Amount Beneficially Owned: 350

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 350

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 350

 

  iv.   Shared power to direct the disposition of: -0-

Johnny Bubb

 

a.   Amount Beneficially Owned: 1,599

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 1,599

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 1,599

 

  iv.   Shared power to direct the disposition of: -0-

Dennis M. O’Brien

 

a.   Amount Beneficially Owned: 10,000

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 10,000

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 10,000

 

  iv.   Shared power to direct the disposition of: -0-

 

Page 17

Chad Sandstedt

 

a.   Amount Beneficially Owned: 600

 

b.   Percent of Class: 0.0%

 

c.   Number of shares as to which such person has:

 

  i.   Sole power to vote or to direct the vote: 600

 

  ii.   Shared power to vote or to direct the vote: -0-

 

  iii.   Sole power to dispose or to direct the disposition of: 600

 

  iv.   Shared power to direct the disposition of: -0-

 

Item 5.   Ownership of Five Percent or Less of a Class

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [            ].

 

Item 6.   Ownership of More than Five Percent on Behalf of Another Person

N/A

 

Item 7.   Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company

N/A

 

Item 8.   Identification and Classification of Members of the Group

See Exhibit 1, Joint Filing Agreement.

 

Item 9.   Notice of Dissolution of Group

N/A

 

Item 10.   Certification (see Rule 13-1(b) and (c)).

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

Exhibits:

Exhibit 1: Joint Filing Agreement

 

Page 18

Signature

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

Date: February 13, 2009

 

WEST FAMILY INVESTMENTS, LLC

By:  

/s/ Randy Rochman

 

Randy Rochman, Chief Executive Officer

/s/ Gary L. West

Gary L. West

/s/ Mary E. West

Mary E. West

/s/ Randy Rochman

Randy Rochman

/s/ Elizabeth Rochman

Elizabeth Rochman

/s/ Barton Rochman

Barton Rochman

/s/ Susan Temple

Susan Temple

/s/ Jim Young

Jim Young

/s/ Andy McDill

Andy McDill

/s/ Johnny Bubb

Johnny Bubb

/s/ Dennis M. O’Brien

Dennis M. O’Brien

/s/ Chad Sandstedt

Chad Sandstedt

 

Page 19

Exhibit 1

Joint Filing Agreement

In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934 (the “Act”), the undersigned hereby agree to file jointly the Statement on Schedule 13G with respect to the securities of TierOne Corporation, and any amendments thereto which may be deemed necessary, pursuant to Regulation 13D-G under the Act. It is understood and agreed that each of the parties hereto is responsible for the timely filing of such statement and any amendments thereto and for the completeness and accuracy of the information concerning such party contained therein, but such party is not responsible for the completeness or accuracy of information concerning the other party unless such party knows or has reason to believe that such information is inaccurate. It is understood and agreed that a copy of this Agreement shall be attached as an exhibit to the statement on Schedule 13G, and any amendments thereto, filed on behalf of each of the parties hereto. In evidence thereof, the undersigned hereby execute this agreement as of the 13th day of March, 2008.

 

WEST FAMILY INVESTMENTS, LLC

By:  

/s/ Randy Rochman

 

Randy Rochman, Chief Executive Officer

 

/s/ Gary L. West

     

/s/ Jim Young

Gary L. West

     

Jim Young

/s/ Mary E. West

     

/s/ Andy McDill

Mary E. West

     

Andy McDill

/s/ Randy Rochman

     

/s/ Johnny Bubb

Randy Rochman

     

Johnny Bubb

/s/ Elizabeth Rochman

     

/s/ Dennis O’Brien

Elizabeth Rochman

     

Dennis M. O’Brien

/s/ Barton Rochman

     

/s/ Chad Sandstedt

Barton Rochman

     

Chad Sandstedt

/s/ Susan Temple

     

Susan Temple