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DEPOSI ?ACCOUNT AGREEMENT AND D6 GLOSURE Page 3 <br />(Continued) <br />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 <br />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 <br />below. <br />(b) Totten Trust Account. A Totten Trust Account is an informal trust account, reflected on our records, but without a written trust agreement, where <br />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 <br />account, the trustee may withdraw money from the account and may, by written direction to us, change the beneficiary under the account. When the <br />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 <br />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, <br />state law will determine ownership of the funds in the Account. <br />(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 <br />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 <br />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 <br />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 <br />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 <br />applicable state law. 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 <br />Account. <br />ADDITIONAL ACCOUNT TYPES. This section applies to other deposit account types: <br />(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 <br />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 <br />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) <br />and/or any person opening the Account, in their individual capacity and jointly and severally, agree to indemnity and hold us harmless from and against <br />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 <br />any beneficiary or other trustee with respect to the authority or actions taken by the trustee(s) in handling or dealing with the Account. <br />(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 <br />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 <br />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 <br />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, <br />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 <br />custodian with respect to the authority or actions taken by the custodian in handling or dealing with the Account. <br />(c) Agency Account. An Agency Account is an account to which funds may be deposited and withdrawals made by an Agent designated by the <br />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 <br />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. <br />(d) Business Accounts. If the Account is not owned by a natural person (a corporation, partnership, limited liability company, sole proprietorship, <br />unincorporated association, etc.), then the Account Holder must provide us with evidence to our satisfaction of the authority of the individuals who sign <br />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) <br />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 <br />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 <br />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 <br />we will not be liable for dishonored items as a result of such hold. <br />(e) Fiduciary Accounts. With respect to all fiduciary accounts, including but not limited to estate accounts, guardianship accounts, and the accounts <br />described in subsections (a) through (c) above, we reserve the right to require such documents and authorizations as we may deem necessary or <br />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. <br />This applies at the time of account opening and at all times thereafter. <br />ASSIGNABILITY. The account established under this Agreement is not assignable or transferrable except with our consent. We must approve any <br />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 <br />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. <br />FINANCIAL INSTITUTION LIABILITY. You agree that if we do not properly complete a transaction according to the Agreement, we will not be liable in <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 and reserve the right to refuse any item for deposit or to <br />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 against any and all of your Accounts (except IRA, Keogh plan and <br />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 <br />existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations. Each joint account holder authorizes us to <br />exercise our right of 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. <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 made <br />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 thirty (30) calendar days. If we truncate your <br />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 alter <br />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 agreement and to comply with our security procedures and this section. We