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permitted by law,even with knowledge,we may for 10 days after the date of death,pay checks drawn on or before the date of death unless
<br /> ordered to stop payment by a person claiming an interest in the account
<br /> NON-SUFFICIENT FUNDS. If your account lacks sufficient available funds to pay a check,preauthorized transfer or other debit activity
<br /> presented for payment,we may return such item for non-sufficient finds and may charge you a fee as provided in the fee schedule,subject to
<br /> our Overdraft policy,and if applicable,to any overdraft protection plan you have consented to in writing with us.Regardless,our handling of
<br /> the item may subject your account to a fee.Unless we advise you otherwise,we will process checks and other debit items in an order determined
<br /> in our sole discretion.
<br /> SIGNATURES.Your signature on the Account Information document is your authorized signature.You authorize us,at any time,to charge
<br /> you for all checks,drafts or other orders for the payment of money,that are drawn on us regardless of by whom or by what means(including
<br /> facsimile signature(s)) your signature may have been affixed so long as the signature resembles the signature specimen in our files. For
<br /> withdrawal and other purposes relating to any account you have with us,we are authorized to recognize your signature;and we will not be liable
<br /> to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the
<br /> instrument or instructions is not genuine.
<br /> If your items are signed using any facsimile signature or non-manual form of signature,you acknowledge that it is solely for your benefit and
<br /> convenience.You agree that no facsimile signature you have authorized us to honor may be considered a forgery or an unauthorized signature,
<br /> and that every authorized facsimile signature shall be effective as the signatory's own original,manual signature.You accept sole responsibility
<br /> for maintaining security over any device affixing the signature as such signature will be effective regardless of whether the person affixing it
<br /> was authorized to do so.Your authorization notwithstanding,we are not obligated to accept or pay any items bearing facsimile signatures.
<br /> Further,most checks,and other items are processed automatically,i.e.,without individual review of each item.Therefore,unless we agree in a
<br /> separate writing,in our sole discretion,upon your request and due to unique circumstances to conduct individual review of each item,you agree
<br /> that we are acting within common and reasonable banking practices by automatically processing checks,and other items,i.e.,without individual
<br /> review of each check,or item.You agree to indemnify,defend,and hold us harmless from and against all loss,costs,damage,liability,and other
<br /> injury(including reasonable attorney fees)that you or we may suffer or incur as a result of this practice.
<br /> FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS. You agree to pay us and are responsible for any fees, charges or
<br /> balance/deposit requirements as provided in the Fee Schedule or Disclosures provided to you at the time you opened the account.Fees,charges
<br /> and balance requirements may change from time to time.We also reserve the right to impose a service charge for cashing checks drawn on your
<br /> account if the person cashing the check is not a customer of this Bank.
<br /> WITHDRAWAL NOTICE REQUIREMENTS. We have the right to require seven days prior written notice from you of your intent to
<br /> withdraw any funds from your account.
<br /> SET-OFFS AND SECURITY INTEREST.If you ever owe us money as a borrower,guarantor or otherwise,and it becomes due,we have the
<br /> right under the law(called"set-off)and under this Agreement(by which you grant us a security interest in your deposit account and any other
<br /> accounts held by you)to use your account funds to pay the debt,where permitted by law.The security interest granted by this Agreement is
<br /> consensual and is in addition to our right of set-off.
<br /> CLAIMS.In response to any garnishment,attachment,restraining order,injunction,levy,citation to discover assets,judgment,reclamation,
<br /> other order of court or other legal process("Claim(s)"),we have the right to place a hold on,remove from your account(s)and/or remit to the
<br /> designated third-party(ies)any amount on deposit in your account as set forth in and required by such Claim(s).In addition,we may charge
<br /> against your account(s)any fee authorized by law in connection with the Claim(s)or as otherwise set forth in the fee schedule.
<br /> DORMANT ACCOUNTS.You understand that if no activity occurs in your account within the time period specified by state law and if you
<br /> had no other active relationship with us during the previous three years,you may be charged the fee specified in the Disclosures,or otherwise
<br /> provided to you,and your account balance maybe escheated(that is,transferred to the state)in accordance with state law.You agree that we are
<br /> relieved of all responsibility if your account balance is escheated(that is,turned over to the state)in accordance with state law.
<br /> ATTORNEYS'FEES AND EXPENSES.You agree to be liable to us for any loss,costs or expenses,including reasonable attorneys'fees to
<br /> the extent permitted by law,that we incur as a result of any dispute involving your account,and you authorize us to deduct any such loss,costs
<br /> or expense from your account without prior notice to you.This obligation includes disputes between yourself and us involving the account and
<br /> situations where we become involved in disputes between you and an authorized signer,another joint owner,or a third party claiming an interest
<br /> in the account.It also includes situations where you,an authorized signer,another joint owner,or a third party takes action with respect to the
<br /> account that causes us,in good faith,to seek the advice of counsel,whether or not we actually become involved in a dispute.
<br /> LEGAL PROCESS AGAINST ACCOUNT.You agree to be responsible for,to reimburse us,and/or have your account charged for any
<br /> expenses or reasonable attorney fees we incur due to an attachment,garnishment,levy or subpoena of records of your account Any garnishment
<br /> or other levy against your account is subject to our right of set-off and security interest We may restrict the use of your account if it is involved
<br /> in any legal proceeding.
<br /> CLOSING ACCOUNT.We may close the account at any time,with or without cause,after sending you notice as required by the law.At our
<br /> discretion,we have the authority to pay an otherwise properly payable check,which is presented after the closing of your account Such a
<br /> termination will not release you from any fees or other obligations incurred before the termination.We will send a check for the balance in our
<br /> possession to which you are entitled.
<br /> OUR WAIVER OF RIGHTS.You understand and agree that no delay or failure on our part to exercise any right,remedy,power or privilege
<br /> available to us under this Agreement shall affect or preclude our future exercise of that right,remedy,power or privilege.
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