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DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE Page 4
<br />(Continued)
<br />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
<br />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
<br />damages. In receiving items from you for withdrawal or deposit, we act only as your agent. You are responsible for the condition of a check or item
<br />when you issue it. If a check or item is returned or payment is delayed as a result of any writing or marking that you or a prior endorser placed on the
<br />front or back of the check or item, you will be responsible for any cost and liabilities associated with such return or delay. We reserve the right to refuse
<br />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.
<br />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,
<br />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
<br />now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, gamishments, levies, attorneys' fees, or
<br />other obligations. If the account is a joint or multiple -party account, each joint or multiple -party account holder authorizes us to exercise our right of
<br />setoff against any and all Accounts of each account holder.
<br />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
<br />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
<br />Account, and the Account will be presumed to be abandoned. In accordance with state law, funds in abandoned accounts will be remitted to the
<br />custody of the applicable state agency, and we will have no further liability to you for such funds. We reserve the right not to send statements on
<br />accounts we consider dormant, subject to applicable law.
<br />ACCOUNT STATEMENTS. You are responsible for promptly examining your statement each statement period and reporting any irregularities to us.
<br />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
<br />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
<br />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
<br />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
<br />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
<br />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
<br />your Account statements, we have the right to mail your statements if you have not claimed them within Zero () calendar days. If we truncate
<br />your checks, you understand that your original checks will not be returned to you with your statement. You agree that our retention of checks does not
<br />alter or waive your responsibility to examine your statements or change the time limits for notifying us of any errors.
<br />WHOLESALE WIRE AND ACH TRANSACTIONS. With respect to wire transfers or other transfers of funds not governed by the Electronic Funds
<br />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
<br />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
<br />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.
<br />(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
<br />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
<br />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
<br />you via such entry shall not be deemed to have paid you the amount of such entry.
<br />(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
<br />will not give next day notice to you of receipt of an ACH or wholesale (wire) funds transfer item.
<br />NOTICES. The following terms apply to notices relating to your Account. (a) Notice of Amendments. You agree that the terms and conditions of the
<br />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
<br />required by applicable law. Your continued use of the Account evidences your agreement to any amendment. Notices will be sent to the most recent
<br />address shown on our records for your Account. Only one notice will be given in the case of joint account holders. (b) Account Changes. Any
<br />account holder or person authorized to sign on an account is required to notify us in writing if any account holder or other person authorized to sign on
<br />an account dies or is declared incompetent by a court. It is your responsibility to notify us of any change in your address or name. We are required to
<br />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
<br />provided to us.
<br />ACCOUNT TERMINATION. We may close your Account at any time without notice to you. Further, for security reasons, we may require you to close
<br />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
<br />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
<br />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.
<br />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
<br />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
<br />on a closed account.
<br />GOVERNING LAW. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive
<br />laws of the State of Colorado in which we are located and where you opened your account. In addition, we are subject to certain federal and state
<br />regulations and local clearing house rules governing the subject matter of the Agreement. You understand that we must comply with these laws,
<br />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
<br />terms of the Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.
<br />SHARING INFORMATION. In addition to situations described elsewhere in the Deposit Account Agreement and Disclosure or other agreements
<br />related to your Account, we will disclose information about your Account and transfers and deposits you make when we are required to do so by
<br />statute or by court or governmental agency order, or when you give us our written direction to do so. Unless specifically prohibited by applicable state
<br />law, we may, in our discretion, disclose information about your Account and transfers and deposits you make for the purpose of verifying or completing
<br />a transaction or to verify the existence and condition of your Account. You authorize us to request and obtain one or more credit reports about you
<br />from one or more credit reporting agencies for the purposes of considering your application for the Account, reviewing or collecting any Account
<br />opened for you, or for any other legitimate business purpose. You authorize us to disclose information about your Account to a credit reporting agency
<br />if your Account was closed because you have abused it. Unless otherwise instructed by you, we may also provide certain other information about you
<br />or your Account to our subsidiaries or affiliates (persons related by common ownership or affiliated by corporate control) in relation to products or
<br />services they may offer.
<br />SYSTEMS AND SOFTWARE. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and
<br />software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions whether such
<br />transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely
<br />responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to
<br />do so accurately.
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