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TERMS AND CONDITIONS OF YOUR ACCOUNT
<br />AGREEMENT -This document, along with any other documents we give you
<br />pertaining to your eccountlsl, is a contract that establishes rules which
<br />control your accountlsl with us.
<br />This agreement is sublect to applicable federal laws and the laws of the
<br />state of Colorado !except to the extent that this agreement can and does
<br />vary such rules or laws!. The body of state and federal law that governs our
<br />relationship with you, however, is too large and complex to be reproduced
<br />here. Tha purpose of this document is to:
<br />Itl summarize some laws that apply to Common transactions;
<br />121 establish rules to cover transactions or events which the law
<br />does not regulate•
<br />131 establish rules for certain transactions or events which the law
<br />regulates but permits variation by agreement; and
<br />141 give you disclosures of some of our policies to which you may be
<br />entitled or in which you may be interested.
<br />If any provision of this document is found to be unenforceable according
<br />to its terms, all remaining provisions will continue in full force and effect. We
<br />may permit some variations from our standard agreement, but wa must agree
<br />to any variation in writing either on the signature card for your account or in
<br />some other document.
<br />As used in this document the words "we," "our," and 'us" mean the
<br />financial institution and the words "you' and "your" mean the account
<br />holtlerls) and anyone else with the authority to deposit, withdraw, or exercise
<br />control over the funds in the account. The heatlings in this document are for
<br />convenience or reference only antl will not govern the interpretation of the
<br />provisions. Unless it would be inconsistent to do so, words and phrases used
<br />in this document should be construed so the singular includes the plural and
<br />the plural includes the singular. "Party" means a person who, by the terms of
<br />an account, has a present right, subject to request, to payment from the
<br />account other than es a beneficiary or agent.
<br />LIABILITY -Vou agree, for yourself (and the person or entity you represent if
<br />you sign as a representative of another) to the terms of this account and the
<br />schedule of charges. Vou authorize us to deduct these charges directly from
<br />the account balance as accrued. Vou will pay any additional reasonable
<br />charges for services you request which are not covered by this agreement.
<br />Each of you also agrees to be jointly and severally lindivitlua lyl liable for
<br />any account shortage resuhing from charges or overdrafts, whether caused
<br />by you or another with access to this account. This liability is due
<br />immediately, and can be deducted directly from the account balance
<br />whenever sufficient funds are available. Vou have no right to defer payment
<br />of this liability, and you are liable regardless of whether you signed the item
<br />or benefited from the charge or overdraft. This includes liability for our costs
<br />to collect the deficit including, to the extent permitted by law, cur reasonable
<br />attorneys'faes.
<br />DEPOSITS - We will give only pravisicnal credit until collection is final for any
<br />items, other than cash, we accept for deposit !including items drawn "on
<br />us"1. Actual credit for deposits af, or payable in, foreign currency will be at
<br />the exchange rate in affect on final collection in U.S. tlollars. We are not
<br />responsible for transactions by mail or outside depository until we actually
<br />record them. We will treat antl record all transactions received after our "daily
<br />cutoff time' on a business day we are open, or received on a day we are not
<br />open for business, as if initiatetl on the next following business day that wa
<br />are open.
<br />WITHDRAWALS -Unless clearly indicated otherwise on the account records,
<br />any of you, acting alone, who signs in the space designated for signatures on
<br />the signature card may withdraw or transfer all ar anY Part of the account
<br />balance at any time. Each of you (until wa receive written notice to the
<br />contrary) authorizes each other person signing the signature card to indorse
<br />any item payable to you or your order far deposit to this account or any other
<br />transaction with us. We may charge your account for a check even though
<br />payment was made before the date of the check, unless we have received
<br />written notice of the postdating in time to have a reasonable opportunity to
<br />act. We may refuse any withdrawal or transfer request which you attempt on
<br />forms not approved by us, by any method we do not specifically permit,
<br />which is greater in number than the frequency permitted, or which is for an
<br />amount greater or less than any withdrawal limitations. Evan if we honor a
<br />nonconforming request, wa may treat continued abuse of the statetl
<br />limitations lif any) as your act of closing the account. We will use the date
<br />the transaction is completed by, us (as opposed to the tlate you initiate itI to
<br />apply the frequency limitations. The fact that we may honor withdrawal
<br />requests that overdraw the available account balance does not obligate us to
<br />do so later. See the funds availability policy disclosure for information about
<br />when you can withdrew funds you deposit. For those accounts for which our
<br />funds availability policy disclosure does not apply, yoq can ask us when you
<br />make a deposit when those funds will be available for withdrawal.
<br />We may require not less then 7 tlays' notice in writing before each
<br />withdrawal from an interest-bearing account other than a time deposit.
<br />Withdrawals from a time account prior to maturity or prior to any notice
<br />period may be restricted and may be subject to penalty. See your notice of
<br />penalty for early withdrawal.
<br />ACH AND WIRE TRANSFEPS -This agreement is subject to Article 4A of the
<br />Uniform Commercial Code in the state In which you have your account with
<br />us. If you originate a fund transfer for which Fedwire is used, end you
<br />itlantify by name and number a beneficiary financial institution, an
<br />intermediary financial institution or a beneficiary, we end every receiving or
<br />beneficiary financial institution may rely on the identifying number to make
<br />payment. We may rely on the number even if it identifies a financial
<br />institution, person or account other than the one named. You agree to be
<br />bound by automated clearing house association rules. These rules provide,
<br />among other things, [hat payments made to you, or originated by you, are
<br />provisional until final settlement is made through a Federal Reserve Bank or
<br />payment is otherwise made as provided in Article 4A-403(al of the Uniform
<br />Commercial Cotle. If we do not receive such payment, we are entitled to a
<br />refund from you in the amount credited tc your account and the party
<br />originating such payment will not be considered to have paid the amount so
<br />credited. If wa receive a credit to an account you have with us by wire or
<br />ACH, wa ere not required to give you any notice of the payment order or
<br />credit.
<br />OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION -These rules
<br />apply to this account depending on the form of ownership and beneficiary
<br />designation, if any, specified on the account records. We make no
<br />representations as to the appropriateness or effect of the ownership end
<br />beneficiary designations, except as they determine to whom we pay [he~
<br />account funds. Single-Party Account -Such an account is ownetl by one
<br />party. Multiple-Party Aeeount -Parties own account in proportion to net
<br />contributions unless there is clear and convincing evidence of a tlitferent
<br />intent. RIGHTS AT DEATH -Single-Party Account - At the death of a party,
<br />ownership passes as pan of the party's estate. Mukiple-Party Account Wkh
<br />Right rN Survivorship - At. tleath of party, ownership passes to surviving
<br />parties. If two or more parties survive and one is the surviving spouse of the
<br />deceased party, the amount to which the deceasatl patty, immediately before
<br />death, was beneficially entitled Dy law belongs to the surviving spouse. If
<br />two or more parties survive and none is the spouse of the decedent, the ~
<br />amount to which the deceased party, immediately before death, was
<br />beneficially entitled by law belongs to the surviving9 parties in equal shares.
<br />Mukiple-Party Account Wkhout Right of Survivorship - At death of party,
<br />deceasatl party's ownership passes as part of deceased party's estate.
<br />Single-Party Account Wkh PaY-on-Death Designation - At death of the petty.
<br />ownership passes to the designated pay-on-death beneficiaries and is not
<br />part at [he party's estate. Mukiple-Party Account WiN Right at Survivorship
<br />and Pay-on-Death Designation - At death of last surviving, party, ownership
<br />passes to the designated paY-on-death beneficiaries antl Is not part of the
<br />last surviving party's estate.
<br />BUSINESS ACCOUNTS -Earnings in the form of interest, dividends, or credits
<br />will be paid only on collected tunds, unless otherwise provided by law or our
<br />policy. We may require the governing body of the legal entity opening the
<br />account to give us a separate authorization telling us who is authorized to act
<br />on its behalf. We will honor the authorizatien until we actually receive written
<br />notice of a change from the governing hotly of the legal entity.
<br />STOP PAYMENTS -Vou must make any stoD-Dayment order in the manner
<br />raquiretl Dy law and we must receive it in time to give us a reasonable
<br />opportunity to act on it before our stop-payment cutoff time. To be affective,
<br />your stoD-Dayment order must precisely identity the number, date and
<br />amount of the item, and the payee.
<br />You may stop payment on any item drawn on your account whether you
<br />sign [he item or not, if you have an equal or greater right to withdraw from
<br />this account than the person who signed the item. A release of the'
<br />stop-payment request may be made only by the person who initiated the
<br />stop-payment order.
<br />Our stop-payment cutoff time is one hour attar [he opening of the next ,
<br />banking day after the banking day on which we receive the item. Additional
<br />limitations on our obligation to stop payment are provided-by law le.g.,.we
<br />paid the item in cash or we certified the item). -
<br />AMENDMENTS AND TERMINATION - Wa maY change any term of this
<br />agreement. Rules governing changes in interest rates ere Drovidetl separately.
<br />For other changes, we will give yeu reasonable notice in writing or by any
<br />other method permitted by law. We may also close this account at any time -
<br />upon reasonable notice to you and tender of the account balance personally
<br />or by mail. Notice from us to any one of you is notice to all of you.
<br />STATEMENTS - Vou must examine your statement of account with
<br />"reasonable promptness." If you discover for reasonably should have
<br />discovered) any unauthorized signatures or alterations, you must promptly
<br />notify us of the relevant facts. As between you end us, if you fail to do
<br />either of these duties, you will have to either share the loss with us, or bear
<br />the loss entirely yourself Idepentling an whether wa usetl ordinary care and,
<br />it not, whether we contributed to the loss!. Tha loss could be not only with
<br />respect to items on the statement but ether items with unauthorized
<br />signatures or alterations by the same wrongdoer.
<br />You agree that the time you have to examine your statement and report
<br />to us will depend on the circumstances, but will not, in any circumstance,
<br />exceed a total of 30 days from when the statement is first sent or made
<br />available to you.
<br />Vou further agree that it you fail to report any unauthorized signatures,
<br />alterations, forgeries, or any other errors in yeur account within 60 days of
<br />when we first send or make the statement available, you cannot assert a
<br />claim against us on any items in that statement, and as between You and us
<br />the loss will be entirely yours. This fi0.day limitation is without regard tc
<br />whether we used ordinary care. The limitation in this paragraph is in addition
<br />to that contained in the first paragraph of this section.
<br />ACCOUNT TRANSFER -This account may not be transferred or assigned
<br />without our prior written consent.
<br />DIRECT DEPOSITS - If, in connection with a direct deposit plan, wo deposit
<br />any amount in an account which should have been returned to the Federal
<br />Government for any reason, you authorize us to deduce the amount of our
<br />liability to the Federal Government from the account or from any other
<br />account you have with us, without prior notice and at any time, except es
<br />prohibited by law. We may also use any other legal remedy to recover the
<br />amount of our liability.
<br />TEMPORARY ACCOUNT AGREEMENT - If this option is selected, we may
<br />restrict or prohibit further use of this account if you fail to comply with the
<br />requirements we have imposed within a reasonable time.
<br />SETOFF - We may (without prior notice and when permittetl by law) sat off
<br />the funds in this account against any due and payable tlebt you owe us now
<br />or in [he future, by any of ycu having the right of withtlrawel, to the extent
<br />of such persons' or legal entity's right to withdrew. If the tlebt arises from e
<br />note, "any due and payable debt" includes the total amount of which wa are -
<br />entitled to demand payment under the terms of [he note et the time we set
<br />off, including any balance the due data for which we properly accelerate
<br />under the note.
<br />This right of setoff does not aDPly to [his account if: lal it is an IRA or other -
<br />taz-deferred retirement account, or Ibl the debt is creatatl by a consumer
<br />credit transaction under a credit card plan (but this does not effect our rights
<br />under any consensual security interest!, or (cl the debtor's right of
<br />withdrawal only arises in a representative capacity. Wa will not be liable for
<br />the dishonor of any check when [he dishonor occurs because we set off a
<br />debt against this account. Vou agree to hold us harmless from any claim
<br />ariseng as a result of our exercise of our right of setoff.
<br />AGENCY (Power of Attamey) DESIGNATION (Single-Party Accounts only) - A
<br />single individual is the owner. The agent is merely designated to conduct
<br />transactions on the owner's behalf. We undertake no obligation to monitor
<br />transactions to determine that they are on the owner's behalf.
<br />FACSIMILE SIGNATURES -Vou authorize us, at any time, to charge you for
<br />all checks, drafts, or other orders, for the payment of money, that are drawn
<br />an us regardless of by whom or by whet means the facsimile signaturelsl
<br />may have been affixed so long as they resemble the facsimile signature
<br />specimen filatl with us, and contain the required number of signatures or this
<br />purpose.
<br />RESTRICTIVE LEGENDS - We are not required to honor any restrictive legend
<br />on checks you write unless we have agreetl in writing tc the restriction.
<br />Examples at restrictive legends ere 'must be presented within 90 days" or
<br />"not valitl for more than $1,000.00."
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<br />....y_,cr q ®1983, 1990, 1991 Bankers Sya[ama, Inc., St. Cloud, MN Form MPSC-lA2-CO 11/19/2000
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