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/454- 4.311-5(-,
<br /> Fr_ — Time Certificate of Deposit ��®
<br /> Financial Institution: EATON BANK, MAIN BRANCH Kr` 1
<br /> 100 OAK AVENUE,EATON,CO 80615 Number: U `
<br /> _Account Name: THE DECKER LATERAL COMPANY FOR CWCB LOAN #C153757 SSN/TIN: 84-0441735
<br /> :account Number Issue Date Deposit Amount Term Maturity Date// /7
<br /> 0100094650 November 17, 1997 $5,959.82 6 Months , 1998
<br /> Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance i the account will be 5.64% with
<br /> an annual percentage yield of 5.80%.
<br /> The interest rate and annual percentage yield will not change for the term of the account. The interest rate w II be in effect until May 17, 1998.
<br /> Interest begins to accrue on the business day you deposit noncash items(for example, checks). Interest will e compounded daily and will be
<br /> credited to the account quarterly. Interest on your account will be credited by adding the Interest to the princip I.
<br /> Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to
<br /> the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year.
<br /> Limitations: You must deposit$1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
<br /> more than$99,999.99 to this account. You may not make withdrawals from your account until the maturity date.
<br /> Time Account Information: Your account will mature on May 17, 1998. If you withdraw any of the principal before the maturity date we may
<br /> impose a penalty of 3 MONTHS SIIMPLE INTEREST ON THE PRINCIPAL AMOUNT. The annual percentage yield assumes interest will remain
<br /> on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will halve 10 CALENDAR DAYS after the
<br /> maturity date to withdraw funds without penalty.
<br /> Account Fees: The following fees apply to this account: INTERIM STATEMENT: $1.00 PER STATEMENT;DORMANT ACCOUNT FEE: $10.00
<br /> PER MONTH AFTER 12 MONTHS WITH NO ACTIVITY OR COMMUNICATION WITH BANK; and RESEARCH FEE: $15.00 PER HOUR PLUS
<br /> $1.00 PER COPY.
<br /> Member onature Tit e of authorized Financial In. tion Signer
<br /> NON TRANSFERABLE - NON NEGOTIABLE FDIC ti � 722 ,.
<br /> TIME CERTIFICATE OF DEPOSIT - 6 MONTH CERTIFICATE
<br /> We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates,and rules that
<br /> are specific to your Account. Each signer acknowledges that the Account Holder named has placed on depgsit with the Financial Institution the
<br /> Deposit Amount indicated,and has agreed to keep the funds on deposit until the Maturity Dale. As used in this Agreement,the words"you","your"or
<br /> "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Agreement Account and the word "Agreement" means this Time
<br /> Certificate of Deposit Agreement,and the words"we","us"and"our"mean the Financial Institution. This Account is effective as of the Issue Date and
<br /> valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account.
<br /> Josits of foreign currency will be converted to U.S.funds as of the date of deposit and will be reflected as such on our records.
<br /> INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
<br /> based upon the interest accrual basis described above.
<br /> AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
<br /> has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as th ' original deposit term. Interest on
<br /> renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
<br /> funds from your Account,you must notify us during the grace period after the Maturity Date.
<br /> EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of yo r Account. Any withdrawal of all or
<br /> part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider equests for early withdrawal and,if
<br /> granted,the penalty as specified above will apply.
<br /> Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the
<br /> Minimum Required Penalty is specified,the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
<br /> 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
<br /> interest already has been paid,the difference will be deducted from the principal amount of your Account.
<br /> Exceptions. We may allow the withdrawal of all or pad of your Account before the Maturity Date without imposing an early withdrawal penalty
<br /> in the followincircumstances: (1)one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
<br /> jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or
<br /> 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
<br /> where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled;or (3)within an applicable grace period(if any).
<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
<br /> 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,
<br /> whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies,
<br /> I 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
<br /> any and all Accounts of each account holder.
<br /> OTHER ACCOUNT RULES. The following rules also apply to the Account.
<br /> Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when y u withdraw funds, transfer or close
<br /> your Account. If you lose this Agreement,you agree to sign any affidavit of lost instrument,or other Agreement w may require,and agree to hold us
<br /> harmless from liability,prior to our honoring your withdrawal or request.
<br /> Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any of er Account Holder. You agree that
<br /> we may hold the funds in your Account until we have received all required documentation and instructions.
<br /> Indemnity. 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
<br /> instructions or may require a bond or other protection,including your agreement to indemnify us.
<br /> Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds frpm your Account until all obligations '
<br /> "ecured by your Account are satisfied.
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