"Preference" defined

(1) A preference is a transfer of any of the property of the bank: (a) To or for the benefit of a creditor; (b) For or on account of an antecedent debt owed by the bank before such transfer was made; (c) Made while the bank was insolvent; (d) Made: 1. On or within ninety (90) days before the date of the closing of a bank under KRS 286.3-854 if such creditor had reasonable cause to believe the bank was insolvent at the time of such transfer; or 2. On or within one (1) year before the date of the closing of a bank under KRS 286.3-854 if such creditor was a director, officer or person in control of the state bank and had reasonable cause to believe the bank was insolvent at the time of such transfer; and (e) That enables such creditor to obtain a greater percentage of his debt than some other creditor of the same class. (2) A preference does not include a transfer: (a) To the extent that such transfer was a substantially contemporaneous exchange for new value given to the bank; or (b) To the extent that such transfer was made in payment of a debt incurred in the ordinary course of the bank's business made not later than forty-five (45) days after such debt was incurred.