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DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE Page 2 <br />(Continued) <br />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 <br />attached, the Account has been pledged as collateral for a debt, the availability of the funds on deposit cannot be verified, any required documentation <br />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 <br />require you to give at least seven (7) days notice in writing prior to any intended withdrawal from a savings, negotiable order of withdrawal ( "NOW "), or <br />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 <br />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 <br />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 <br />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 <br />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 <br />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 <br />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 <br />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 <br />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 <br />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 <br />agent have not been altered or terminated. (f) Signatures. You authorize us to store and use Signature Card information in any reasonable form we <br />deem necessary, including any digitized signature capture process. If you use a facsimile signature or other form of signature, you agree you shall have <br />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 <br />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 <br />an unauthorized signature, but that such facsimile signature shall be effective as your signature or endorsement whether or not you have been <br />negligent. You further agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure (including <br />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 <br />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 <br />request it. (g) Preauthorized drafts. If you voluntarily give information about your Account (such as our routing number and your account number) to <br />a party who is seeking to sell you goods or services, and you do not physically deliver a check to the party, any debit to your account initiated by the <br />party to whom you gave the information is deemed authorized by you. (h) Check Legends. We may disregard information on any check or item other <br />than the signature of the drawer, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other <br />information that appears on the MICR line. In addition, we are not responsible to take action on, or for failure to notify you of restrictive language <br />placed on checks or other items, including but not limited to terms such as, "Void after 90 Days," "Paid in Full," "Two Signatures Required," "Void Over <br />$100" or similar statements. In accordance with reasonable banking standards, most checks and other items are processed through automated <br />processing and, except in limited circumstances and in our discretion, most items are not individually examined. You agree that we act within <br />reasonable banking standards by processing most checks and other items through automated processing systems. We may agree to adhere to <br />extraneous legends if you notify us of such legends and we have agreed in writing to honor such legends. <br />STALE CHECKS. We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. <br />CHECKING ACCOUNTS. If your account is a checking account, the following terms may apply. No interest will be paid on any demand deposit <br />checking account with us. If we offer NOW (interest bearing checking) accounts, the account must consist solely of funds in which the entire beneficial <br />interest is held by one or more individuals in an individual capacity, a sole proprietor, or a governmental unit, but not professional corporations or <br />business partnerships. A NOW account may also be held by a for profit organization serving in a fiduciary or trustee capacity for an entity that is itself <br />permitted to hold a NOW account. Otherwise, an organization may hold a NOW account only if it is operated primarily for religious, philanthropic, <br />charitable, educational, or other similar purpose. <br />Interest Checking (NOW) Subaccounts. If you have an interest bearing checking account, your account represents a Master Account consisting <br />of a transaction sub - account and a savings sub - account. We may periodically transfer funds in the Master Account between the two <br />sub - accounts. This process will not affect your available balance, interest earnings, your statement, or any of the other features of your account. <br />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) <br />Transfers and Withdrawals. If your Account is a savings or money market deposit account, federal law requires that an Account Holder may make no <br />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 <br />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 <br />telephonic (including data transmission) agreement, order or instruction. No more than three (3) of the six (6) transfers may be made by check, draft, <br />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 <br />"preauthorized transfer" includes any arrangement by us to pay a third party from your account upon written or oral instruction (including an order <br />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 <br />fixed schedule. (b) Excess Transactions. In accordance with federal law, if you have more than the allowable preauthorized transfers or <br />preauthorized checks or drafts (for money market accounts) in any one period, your Account may be subject to closure by us and the funds placed in <br />another account that you are eligible to maintain, or we may take away the transfer and draft capabilities of the account. In addition to the above <br />preauthorized transfers, you may make unlimited withdrawals (payments directly to you or transfers of funds from your Account to any of your other <br />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 <br />ATM card (if applicable). <br />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 <br />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 <br />early withdrawal and, if granted, the penalty provided in the Schedule will apply. (a) Penalty. The early withdrawal penalty is calculated as a forfeiture <br />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 <br />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. <br />For fixed rate Accounts, we will use the rate in effect for your deposit. (b) Exceptions. We may let you withdraw money from your Account before the <br />maturity date without an early withdrawal penalty: (1) when one or more of you dies or is determined legally incompetent by a court or other <br />administrative body of competent jurisdiction; or (2) when the Account is an Individual Retirement Account (IRA) establised in accordance with 26 USC <br />408 and the money is paid within seven (7) days after the Account is opened; or (3) when the Account is a Keogh Plan (Keogh), if you forfeit at least <br />the interest earned on the withdrawn funds; or (4) if the time deposit is an IRA or Keogh Plan established pursuant to 26 USC 408 or 26 USC 401, <br />when you reach age 59 1/2 or become disabled; or (5) within an applicable grace period (if any). <br />STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check or other item payable for your Account, <br />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 <br />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) <br />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 <br />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 <br />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 <br />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 <br />order. You may not stop payment on an official, certified, cashier's, or teller's check issued by us, or request us to stop payment if we have otherwise <br />