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DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE
INTRODUCTION. In this Deposit Account Agreement and
Disclosure, each and all of the depositors are referred to as
"you" and "your." The Financial Institution is referred to as "we,"
"our," and "us." This Deposit Account Agreement contains the
terms and conditions governing certain of your deposit accounts
with us. As used in this document, the term "Agreement" means
this document, the signature card, a Rate and Fee Schedule
(the "Schedule"), Truth in Savings disclosures, a Funds
Availability Policy Disclosure, and an Electronic Funds Transfer
Agreement and Disclosure, if applicable. Each of you signing
the Signature Card for a deposit account acknowledges receipt
of this Agreement, and agrees to the terms set forth in the
Agreement, as amended from time to time. You agree that we
may waive, in our sole discretion, any fee, charge, term, or
condition set forth in this Agreement at the time the Account is
opened or subsequent thereto, on a one-time basis or for any
period or duration, without changing the terms of the Agreement
or your obligation to be bound by the Agreement, and we are
not obligated to provide similar waivers in the future or waive
our rights to enforce the terms of this Agreement.
DATE ACCOUNT OPENED. If you open an account with us
after 2:00 PM on a business day that we are open, we will
consider that the transaction was made at the opening of the
next business day for account opening, effective date and issue
date purposes.
DEPOSIT ACCOUNTS. From time to time, we may offer or you
may open a variety of deposit accounts. Each such account
(the "Account") is subject to the general terms and conditions
and any specific terms and conditions relating to that type of
account that may be set forth in this Agreement. If you open
multiple Accounts, you may receive Schedule information for
each Account, but this Agreement will cover all your Accounts
with us. Each of you will be jointly and severally liable to us for
debit balances in the Account, including without limitation
overdrafts and Account charges, and jointly and severally
promise to pay, upon demand, any and all debit balances, all
fees and charges, and our reasonable attorneys' fees and costs
and expenses of collection, including but not limited to those
incurred at trial and on any appeal.
INTEREST. If your Account earns interest, the following
information applies: (a) Payment of Interest. We will pay
interest at the annual rate specified on the Schedule, which
does not reflect compounding ("Interest Rate"). The Schedule
also sets forth the frequency of interest payments, the frequency
of any compounding and crediting, the interest accrual basis,
the balance on which interest will be paid, and any minimum
balance requirements. (b) Minimum Balance Requirements.
The Schedule may specify a minimum balance that you are
required to maintain in your Account. If the minimum balance is
not maintained during a specified period, we, at our option, may
not pay interest on your Account and/or may charge a fee for
that period. You should review any minimum balance
requirements on the Schedule. (c) Initial Interest Rate. The
initial interest rate is the current annual rate of interest that we
will pay on the specified balance in your Account. We may pay
interest at different rates, depending on the amount deposited
and the type of depositor (individual, business, non-profit
organization, etc.). (d) Interest Compounding and Crediting.
The Schedule will indicate the interest compounding and
crediting frequency for your Account (if any). Compounding
generally means that interest is being accrued on earned
interest. Interest may be compounded more frequently than
interest is credited to your Account. (e) Interest Accrual. We
may accrue interest on your Account more frequently than we
pay or credit interest. The interest that has been calculated, but
not paid to the Account, is called accrued unpaid interest. (f)
Changes. We have the right to change the rates and fees in
accordance with the terms of the Schedule. We also reserve the
right to change any other term of this Agreement at our sole
discretion.
FEES AND CHARGES. Subject to applicable law, you agree to
pay us the fees and charges shown in the Schedules as are
applicable to your Account or for other services performed by
us. You agree the fees and charges may be changed by us
from time to time and authorize us to charge your account for
their payment whether or not each charge results in an overdraft
of your account. We will notify you of the changes, to the extent
required by law.
BALANCE METHODS. As used in this Agreement, the "average
daily balance" method means "the application of a periodic rate
to the average daily balance in the account for the period,
determined by adding the full amount of principal in the account
for each day of the period and dividing that figure by the
number of days in the period." The "daily balance" method
means "the application of a daily periodic rate to the full amount
of principal in the account each day."
DEPOSIT RULES. The following terms apply to deposits made
to your Account: (a) Endorsements. You authorize us to
accept transfers, checks, and other items for deposit to your
Account if they are made payable to, or to the order of, any one
or more of you, whether or not they are endorsed by you. You
authorize us to supply missing endorsements, and you warrant
that all endorsements are genuine. All checks and other items
deposited to your Account should be endorsed payable to the
order of us for deposit only, followed by your signature and
Account number. All endorsements must appear on the back of
the check or other item within the first 1 - 1/2 inches from the left
side of the item when looking at it from the front. While we may
accept non-conforming endorsements, you will be responsible
for any loss incurred by us due to the delay in processing or
returning the item for payment. (b) Final Payment. All
non-cash items (for example, checks) deposited to your
Account are posted subject to our receipt of final payment by
the payor bank. Upon receipt of final payment, the item
becomes a collected item. If final payment is not received or if
any item you have deposited or cashed is charged back to us
for any reason, you authorize us to charge any of your Accounts,
without prior notice and at any time, for the amount of the
returned item, our returned item fee, any interest paid on that
item, and any other fee we pay or incur. We reserve the right to
refuse any item for deposit into your Account. (c) Direct
Deposits. If we offer direct deposit services for automatic
preauthorized deposits to your Account of Social Security
payments or automatic transfers from your other accounts with
us, you must notify us at least thirty (30) days prior to the next
scheduled direct deposit or preauthorized transfer if you wish to
cancel the direct deposit or transfer service. If any amount
deposited must be returned to the government for any reason,
you authorize us to deduct the amount from your Account as
provided in (b) above. (d) Crediting of Deposits. The Funds
Availability Policy Disclosure provided to you reflects our policies
relating to the availability of deposited funds.
WITHDRAWAL RULES. The following terms apply to
withdrawals from your Account: (a) Manner of Withdrawal.
You may make withdrawals from your Account in any manner
that is permitted by us for the type of Account that you have
opened. Withdrawals by mail will be posted to your Account as
of the day the transaction is processed by us. We may refuse to
accept any check other than standard checks provided by us, or
approved by us in advance. Withdrawals and transfers from
your Account may be restricted as provided in the Agreement, or
in the Schedule, or by applicable law. (b) Withdrawal
Restrictions and Overdrafts. We do not have to allow you to
make a withdrawal from your Account if you don't have sufficient
available funds in the Account to cover the full amount of the
withdrawal. If there are available funds to cover some, but not
all, of the withdrawals or other debits (such as charges) to your
Account, we may post those withdrawals or other debits for
which there are sufficient available funds in any order we may
choose at our sole discretion. If there are insufficient available
funds to cover some of the withdrawals or debits presented
against your Account, such items will be handled in accordance
with our overdraft procedures or in accordance with any other
agreement you may have with us (such as an overdraft
protection program), Even if we choose to pay one or more
overdrafts, we are not obligated to cover any future overdrafts.
Checks or other items drawn on your Account against
insufficient available funds may be subject to a service charge.
We also may refuse to allow a withdrawal if there is a dispute
about the Account (unless a court has ordered us to allow the
withdrawal), the Account is garnished or attached, the Account
has been pledged as collateral for a debt, the availability of the
funds on deposit cannot be verified, any required
documentation has not been presented, or you fail to repay an
obligation to us on time. (c) Notice Requirements. Federal
regulations require us to retain the right to require you to give at
least seven (7) days notice in writing prior to any intended
withdrawal from a savings, NOW, or money market account.
Although we usually pay withdrawals or checks without notice
on these accounts, doing so does not mean that we give up this
right. (d) Postdated Items. You agree that when you write a
check, you will not date the check in the future. If you do and
the check is presented for payment before the date of the check,
we may pay it or return it unpaid. You agree that if we pay the
check, the check will be posted to your Account on the date we
pay the check, even though the posting date is prior to the date
of the check. You further agree that we are not responsible for
any loss to you in doing so. We will not honor a postdated
check if we receive advance notice from you at such a time and
in such a manner as to afford us reasonable opportunity to act.
The notice must be in writing, and it must specify the date,
amount, and number of the check, along with the name of the
payee. Notices are effective for the time periods stated under
STOP PAYMENT ORDERS. You agree that we may return a
postdated check to the presenter. (e) Power of Attorney. The
person executing a power of attorney will be referred to as the
principal and the person acting for the principal as the agent.
We may refuse to comply with a power of attorney for
reasonable cause, or until we receive an affidavit from the agent
stating that the Power of Attorney presented is a true copy and
that, to the best of the agent's knowledge, the principal is alive
and that the relevant powers of the agent have not been altered
or terminated. (f) Signatures. You authorize us to store and
use Signature Card information in any reasonable form we deem
necessary, including any digitized signature capture process. If
you use a facsimile signature or other form of signature, you
agree you shall have the sole responsibility for maintaining
security of the facsimile signature or device by which it is affixed
and you shall bear the entire risk for unauthorized use thereof
whether or not you are negligent. You agree that no facsimile
signature we have been authorized to honor may be considered
a forgery or an unauthorized signature, but that such facsimile
signature shall be effective as your signature or endorsement
whether or not you have been negligent. You further agree to
indemnify and hold us harmless from and against any and all
loss, costs, damage, liability, or exposure (including reasonable
attorney's fees) we or you may suffer or incur as a result of the
unlawful use, unauthorized use, or misuse by any person of any
such facsimile signature or the device by which it is affixed. If
you use any form of facsimile signature device, you agree to
deliver a sample to us if we request it. (g) Check Legends. We
may disregard information on any check or item other than the
signature of the drawer, the identification of the drawee bank
and payee,the amount, the endorsements, and any other
information that appears on the MICR line. Such legends
cannot be caught and examined by us, because of automatic
check processing. We may agree to adhere to extraneous
legends if you notify us of such legends and we have agreed in
writing to honor such legends.
STALE CHECKS. We reserve the right to pay or dishonor a
check that is more than six (6) months old without prior notice to you.
SAVINGS ACCOUNTS. If your account is an interest bearing
account and is not a "NOW" account or time deposit, the
following terms may apply. (a) Transfers and Withdrawals. If
your Account is a Savings or Money Market Deposit Account,
federal law requires that an Account Holder may make no more
than six (6) transfers and/or withdrawals during any one (1)
calendar month or statement cycle (the period from one
statement to the next) or similar period of at least four weeks, to
another of your accounts with us or to a third party by means of
a preauthorized or automatic transfer, or telephonic (including
data transmission) agreement, order or instruction. No more
than three (3) of the six (6) transfers may be made by check,
draft, debit card, or similar order made by you and payable to
third parties. If you exceed more than three (3) such transfers,
we need not honor the item. A "preauthorized transfer" includes
any arrangement by us to pay a third party from your account
upon written or oral instruction (including an order received
through an automated clearing house (ACH) or any arrangement
by us to pay a third party from your account at a predetermined
time or on a fixed schedule. (b) Excess Transactions. If you
have more than the allowable preauthorized transfers or
preauthorized checks or drafts (for money market accounts) in
any one period, your Account will be subject to closure by us.
In addition to the above preauthorized transfers, you may make
unlimited withdrawals (payments directly to you or transfers of
funds from your Account to any of your other deposit accounts
or loan accounts with us), either in person at our locations, by
mail, messenger, telephone (via check mailed to you), or use of
an ATM card (if applicable).
TIME DEPOSITS. If your Account is a time deposit, you have
agreed to keep the funds on deposit until the maturity of your
Account. If your Account has not matured, any withdrawal of all
or part of the funds from your Account may result in an early
withdrawal penalty. We will consider requests for early
withdrawal and, if granted, the penalty provided in the Schedule
will apply. (a) Penalty. The early withdrawal penalty is
calculated as a forfeiture of part of the accrued interest that has
or would be earned on the Account. If your Account has not yet
earned enough interest so that the penalty can be deducted
from earned interest, or if the interest already has been paid, the
difference will be deducted from the principal amount of your
Account. For fixed rate Accounts, we will use the rate in effect
for your deposit. (b) Exceptions. We may allow the withdrawal
of all or part of your Account before the maturity date without
imposing an early withdrawal penalty in the following
circumstances: (1) one or more of you dies or is determined
legally incompetent by a court or other administrative body of
competent jurisdiction; (2) where the Account is an Individual
Retirement Account (IRA) and any portion is paid within seven
(7) days after establishment; or where the Account is a Keogh
Plan (Keogh), provided that you forfeit an amount at least equal
to the interest earned on the amount withdrawn; or where the
time deposit is an IRA or Keogh and you attain age 59 1/2 or
become disabled; or (3) within an applicable grace period (if
any).
STOP PAYMENT ORDERS. Subject to certain limitations, you
may order us to stop payment on any check or other item
payable for your Account, whether drawn by you or any other
account holder. The stop payment request will be effective if we
receive the order at such time and in such manner as to afford
us a reasonable opportunity to act upon the order. The stop
payment order is effective for six (6) months, but it lapses after
fourteen (14) calendar days if the original order was oral and
was not confirmed in writing within that period. A stop payment
order may be renewed for an additional six (6) months if
renewed during the effective time period. We will require you to
provide the date, the amount, and the number of the item,
together with the name of the payee. If you give us incorrect
information, we will not be liable for failing to stop payment on
the item. Our acceptance of a stop payment order will not
constitute a representation that the item has not already been
paid or that we have a reasonable opportunity to act upon the
order. You may not stop payment on a money order or check
(such as an official, certified, cashier's, or teller's check) issued
by us, or request us to stop payment if we have otherwise
become accountable for the item. In addition, you may not stop
payment on checks governed by separate agreement, such as a
check guarranty agreement. Further, you may not stop payment
on an item after acceptance of the item by us.
Based upon the type of account ownership that you have
designated, the following terms and conditions apply.
INDIVIDUAL ACCOUNTS. An Individual Account is an account
in the name of one depositor only. Only that person may write
checks against the account or withdraw money, regardless of
who actually owns the funds.
MULTIPLE PARTY ACCOUNTS. This section pertains to
multiple party accounts:
(a) Joint Account Ownership. An account with two or more
Account Holders is a joint account. Unless you designate
otherwise on the Signature Card, joint Account Holders will be
considered joint tenants with right of survivorship.
(1) Joint Tenants With Right of Survivorship. If your
Account is a joint account with right of survivorship, upon the
death of one of the joint Account Holders, that person's
ownership interest in the Account will immediately pass to the
other joint Account Holder(s).
(2) Joint as Tenants in Common. If your Account is a joint
account without right of survivorship, upon the death of one
of the joint Account Holders, that person's proportionate
ownership interest will pass to the estate of the deceased
Account Holder.
Each joint Account Holder, without the consent of any other
Account Holder, may, and hereby is authorized by every other
joint Account Holder, to make any transaction permitted under
the Agreement, including without limitation, (1) to withdraw all or
any part of the account funds, (2) to pledge the account funds
as collateral to us for any obligation, whether that of one or
more Account Holders or of a third party, (3) to endorse and
deposit checks and other items payable to any joint Account
Holder, (4) to give stop payment orders on any check or item,
whether drawn by that Account Holder or not, and (5) to close
the account, with the disbursement of account proceeds as
instructed by the joint Account Holder. Each joint Account
Holder is authorized to act for the other Account Holder(s) and
we may accept orders and instructions regarding the account
from any joint Account Holder. If we believe there to be a
dispute between joint Account Holders or we receive
inconsistent instructions from the Account Holders, we may
suspend or close the account, require a court order to act,
and/or require that all joint Account Holders agree in writing to
any transaction concerning the account.
Your obligations under the Agreement are joint and several.
This means that each joint Account Holder is fully and personally
obligated under the terms of the Agreement, including liability for
overdrafts and debit balances as set forth above, irrespective of
which joint Account Holder benefited from the withdrawal. If you
establish a joint account without the signature of the other joint
Account Holder(s), you agree to hold us harmless for our
reliance upon your designation of the other joint Account
Holder(s) listed on our documents. Further, the Account is
subject to the right of setoff as set forth below.
(b) Totten Trust Account. A Totten Trust Account is an
informal trust account, reflected on our records, but without a
written trust agreement, where the account is owned by the
trustee. The beneficiaries have no right to any funds in the
account during the trustee's lifetime. As the owner of the
account, the trustee may withdraw money from the account and
may, by written direction to us, change the beneficiary under the
account. When the trustee dies, the account is owned by the
named beneficiary or beneficiaries. If the Totten Trust Account
is held by more than one trustee, the trustees will be subject to
the rules pertaining to joint account ownership as set forth
above. If there is no surviving beneficiary upon the death of the
last trustee, state law will determine ownership of the funds in
the Account.
(c) P.O.D. Account. A Payable on Death (P.O.D.) Account is an
account payable to the Account Holder during his or her lifetime.
As the owner of the account, you may withdraw money from the
account and may, by written direction to us, change the P.O.D.
payee(s) under the account. When the Account Holder dies, the
account is owned by the P.O.D. payee(s). If the P.O.D. Account
is held by more than one person, each Account Holder will be
subject to the rules pertaining to joint account ownership as set
forth above. If there is more than one surviving P.O.D. payee,
the respective interest of each shall be deemed to be in equal
shares, unless otherwise stated in the Financial Institution's
deposit account records and as allowed by applicable state law.
If a living trust is designated as a P.O.D. beneficiary/payee, we
may require Account Holder to deliver a copy of certification of
trust or other documents and authorizations as we may deem
necessary or appropriate. If there is no surviving P.O.D. payee
upon the death of the last owner, state law will determine
ownership of the funds in the Account.
(d) Additional Authorized Signatory. An individual designated
as Additional Authorized Signatory shall have authority during
the owner's lifetime to withdraw moneys from the deposit
account or represented by a certificate of deposit. Upon the
owner's death, all of the funds shall become part of the
deceased owner's estate, subject to the deceased person's will
or applicable law. We may release all moneys in the account or
represented by a certificate to, or honor checks or orders drawn
by, or withdrawal requests from, such authorized signatory until
notified of the revocation of such authority.
ADDITIONAL ACCOUNT TYPES. This section applies to other
deposit account types:
(a) Formal Trust Account. A Formal Trust Account is an
account held by one or more trustees for the benefit of one or
more beneficiaries according to a written trust agreement. Upon
our request, the trustee(s) will supply to us a copy of any trust
agreement covering the account. We act only as custodian of
the trust funds and are under no obligation to act as a trustee or
to inquire as to the powers or duties of the trustee(s). The
trustee(s) and/or any person opening the Account, in their
individual capacity and jointly and severally, agree to indemnify
and hold us harmless from and against any and all loss, costs,
damage, liability, or exposure, including reasonable attorney's
fees, we may suffer or incur arising out of any action or claim by
any beneficiary or other trustee with respect to the authority or
actions taken by the trustee(s) in handling or dealing with the
Account.
(b) Uniform Transfer to Minors. If you have established the
account as a custodian for a minor beneficiary under our state
version of the Uniform Transfers to Minors Act or the Uniform
Gifts to Minors Act, your rights and duties are governed by the
Act. You will not be allowed to pledge the account as collateral
for any loan to you. Deposits in the account will be held by us
for the exclusive right and benefit of the minor. The custodian
and/or any person opening the Account, in their individual
capacity, agree to indemnify and hold us harmless from and
against any and all loss, costs, damage, liability, or exposure,
including reasonable attorney's fees, we may suffer or incur
arising out of any action or claim by any beneficiary or other
custodian with respect to the authority or actions taken by the
custodian in handling or dealing with the Account.
(c) Agency Account. An Agency Account is an account to
which funds may be deposited and withdrawals made by an
Agent designated by the owner of the funds. An Agent has full
authority with regard to the account but does not have an
ownership interest in the account. An Agency Account is
revocable at any time by notifying us in writing. An Agency
designation may be combined with one of the other forms of
account ownership.
(d) Business Accounts. If the Account is not owned by a
natural person (a corporation, partnership, limited liability
company, sole proprietorship, unincorporated association, etc.),
then the Account Holder must provide us with evidence to our
satisfaction of the authority of the individuals who sign the
signature card to act on behalf of the Account Holder. On any
transactions involving the Account, we may act on the
instructions of the person(s) authorized in the resolutions,
banking agreement, or certificate of authority to act on behalf of
the Account Holder. You agree to notify us in writing of any
changes in the person(s) authorized or the form of ownership. If
we receive conflicting instructions or a dispute arises as to
authorization with regard to the handling of the Account, you
agree we may place a hold on the Account until such conflict or
dispute is resolved to our satisfaction and we will not be liable
for dishonored items as a result of such hold.
(e) Fiduciary Accounts. With respect to all fiduciary accounts,
including but not limited to estate accounts, guardianship
accounts, and conservatorship accounts, and the accounts
described in subsections (a) through (c) above, we reserve the
right to require such documents and authorizations as we may
deem necessary or appropriate to satisfy that the person(s)
requesting or directing the withdrawal of funds held in the
Account have the authority to withdraw such funds. This applies
at the time of account opening and at all times thereafter.
ASSIGNABILITY. The account established under this
Agreement is not assignable or transferrable except with our
consent. We must approve any pledge of the Account and any
such pledge remains subject to any right we have under the
Agreement and applicable state and federal law. If ownership is
proposed to be transferred, we may require the Account be
closed and a new account opened in the name of the transferee
or pledgee.
FINANCIAL INSTITUTION LIABILITY. You agree that if we do
not properly complete a transaction according to the Agreement,
we will not be liable in any event for losses or damages in
excess of the amount of the transaction, and we will not be liable
if circumstances beyond our control prevent the transaction, or
the funds in your Account are or may be subject to legal process
or other claim. In no event will we be liable for consequential
damages. In receiving items from you for withdrawal or deposit,
we act only as your agent and reserve the right to refuse any
item for deposit or to reverse credit for any deposited items or to
charge your Account for items should they become lost in the
collection process.
RIGHT OF SETOFF. Subject to applicable law, we may
exercise our right of setoff or security interest against any and all
of your Accounts (except IRA, Keogh plan and Trust Accounts)
without notice, for any liability or debt of any of you, whether
joint or individual, whether direct or contingent, whether now or
hereafter existing, and whether arising from overdrafts,
endorsements, guarantees, loans, attachments, garnishments,
levies, attorneys' fees, or other obligations. If the account is a
joint account, each joint account holder authorizes us to
exercise our right of setoff against any and all Accounts of each
account holder.
DORMANT ACCOUNTS. If you have not made a withdrawal
from, or a deposit to, your Account for an extended period of
time and we have been unable to contact you, your Account
may be classified by us as dormant. Subject to applicable law,
we will charge a dormant account fee on the account, and the
account will be presumed to be abandoned. In accordance with
state law, funds in abandoned accounts will be remitted to the
custody of the applicable state agency, and we will have no
further liability to you for such funds.
ACCOUNT STATEMENTS. You are responsible for promptly
examining your statement each statement period and reporting
any irregularities to us. The periodic statement will be
considered correct for all purposes and we will not be liable for
any payment made and charged to your Account unless you
notify us in writing within certain time limits after the statement
and checks are made available to you. We will not be liable for
any check that is altered or any signature that is forged unless
you notify us within Thirty (30) calendar days after the statement
and the altered or forged item(s) are made available. Also, we
will not be liable for any subsequent items paid, in good faith,
containing an unauthorized signature or alteration by the same
wrongdoer unless you notify us within Ten (10) calendar days
after the statement and first altered or forged items were made
available. You must also report any other Account problem
within Thirty (30) calendar days or lose your right to assert the
problem against us. If you have requested us to hold your
Account statements, we have the right to mail your statements if
you have not claimed them within Thirty (30) calendar days. If
we truncate your checks, you understand that your original
checks will not be returned to you with your statement. You
agree that our retention of check s does not alter or waive your
responsibility to examine your statements or change the time
limits for notifying us of any errors.
WHOLESALE WIRE AND ACH TRANSACTIONS. With respect
to wire transfers or other transfers of funds not governed by the
Electronic Funds Transfer Act, you agree to enter into and
comply with our wire transfer (if applicable) agreement and to
comply with our security procedures and this section. We
advise you that any receiving financial institution (including us) is
entitled to rely on any account or bank number you have
provided even though that account or bank number may identify
a party different from the person or entity you have described by
name in any transfer order.
(a) Provisional Payment. Credit given by us to you with
respect to an ACH credit or wholesale (wire) funds transfer entry
is provisional until we receive final settlement for such entry
through a Federal Reserve Bank. If we do not receive final
settlement, you are hereby notified and agree that we are
entitled to a refund of the amount credited to your account in
connection with such entry, and the party (the originator of the
entry) making payment to you via such entry shall not be
deemed to have paid you the amount of such entry.
(b) Notice of Receipt. We will notify you of the receipt of
payments in the periodic account statements we provide to you.
You acknowledge that we will not give next day notice to you of
receipt of an ACH or wholesale (wire) funds transfer item.
NOTICES. The following terms apply to notices relating to your
Account. (a) Notice of Amendments. You agree that the terms
and conditions of the Agreement, including without limitation all
rates, fees, and charges, may be amended by us from time to
time. We will notify you of amendments as required by
applicable law. Your continued use of the Account evidences
your agreement to any amendment. Notices will be sent to the
most recent address shown on our records for your Account.
Only one notice will be given in the case of joint account
holders. (b) Name and Address Changes. It is your
responsibility to notify us of any change in your address or
name. We are required to honor items drawn only on the listed
Account name. Further, we are required to attempt to
communicate with you only at the most recent address provided
to us.
ACCOUNT TERMINATION. We may close your Account at any
time without notice to you. Further, for security reasons, we may
require you to close your Account and to open a new account if
(a) there is a change in authorized signers, (b) there has been a
forgery or fraud reported or committed involving your Account,
(c) any Account checks are lost or stolen, (d) you have too
many transfers from your Account, (e) any other provision of
our agreement with you is violated. If we close your Account,
we may send you written notice that the Account is closed on
the date we close the Account. You agree to notify us of your
intention to close your Account, and we hereby reserve the right
to request the notice in writing. After the Account is closed, we
have no obligation to accept deposits or pay any outstanding
checks. You agree to hold us harmless for refusing to honor
any check drawn on a closed account.
GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with all applicable federal laws and all
applicable substantive laws of the state in which we are located
and where you opened your account. In addition, we are
subject to certain federal and state regulations and local clearing
house rules governing the subject matter of the Agreement. You
understand that we must comply with these laws, regulations,
and rules. You agree that if there is any inconsistency between
the terms of the Agreement and any applicable law, regulation,
or rule, the terms of the Agreement will prevail to the extent any
such law, regulation, or rule may be modified by agreement.
MISCELLANEOUS PROVISIONS. If you or your Account
becomes involved in any legal proceedings, your use of the
Account may be restricted. We shall be entitled to act upon any
legal process served upon us which we reasonably believe to
be binding, with no liability to you for doing so. You authorize
us to request and obtain one or more credit reports about you
from one or more credit reporting agencies for the purposes of
considering your application for this Account, reviewing or
collecting any Account opened for you, or for any other
legitimate business purpose. You authorize us to disclose
information about your Account to a credit reporting agency if
your Account was closed because you have abused it. You
understand that supervisory personnel may randomly monitor
customer service telephone conversations to ensure that you
receive accurate, courteous, and fair treatment. If you ask us to
follow instructions that we believe might expose us to any claim,
liability, or damages, we may refuse to follow your instructions or
may require a bond or other protection, including your
agreement to indemnify us. You agree to be liable to us, to the
extent permitted by law, for any loss, costs, or expenses that we
may incur as a result of any dispute or legal proceeding
involving your Account. You authorize us to deduct any such
loss, costs, or expenses from your Account without prior notice
to you or to bill you separately. This obligation includes disputes
between you and us involving your Account and situations
where we become involved in disputes between you and an
authorized signer, a joint owner, or a third party claiming an
interest in your Account. It also includes situations where any
action taken on your Account by you, an authorized signer, a
joint owner, or a third party causes us to seek the advice of an
attorney, whether or not we actually become involved in a
dispute. If a court finds any provision of the Agreement to be
invalid or unenforceable, such finding shall not make the rest of
the Agreement invalid or unenforceable. If feasible, any such
offending provision shall be deemed to be modified to be within
the limits of enforceability or validity; however, if the offending
provisions cannot be so modified, it shall be stricken and all
other provisions of the Agreement in all other respects shall
remain valid and enforceable.
Member
FDIC
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