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CORNERBANK N.A.
DEPOSIT ACCOUNT AGREEMENT
AND DISCLOSURE
General Agreement.
In this Deposit Account Agreement and Disclosure, each and all of the depositors
(whether joint or individual) are referred to as "you" and "your." The Financial
Institution is referred to as "we," "our," and "us." This Deposit Account Agreement
contains the terms and conditions governing certain of your deposit accounts
with us. The acronym "NOW" means Negotiable Order of Withdrawal. You
understand that the following agreement governs your account with us, along
with any other documents applicable to your account including our Funds Availability
Policy Disclosure, Electronic Funds Transfer Agreement and Disclosure, and Truth
in Savings Disclosure, if applicable, which are incorporated herein by reference.
General Rules. The
following rules apply to all types of accounts:
- Deposits. Deposits
may be made in person or by mail at any time. We are not responsible for transactions
initiated by mail until we actually receive and record them. We may refuse
to accept particular checks or similar instruments as a deposit to your account
at our discretion. Any cash deposit will be credited to your account in accordance
with this Agreement. Any other item that you deposit will be handled by us
in accordance with our usual collection practices. If any item you deposit
is returned unpaid, we will debit your account and adjust any interest earned.
You will, in any event, be liable to us for the amount of any check you deposit
to your account that is returned unpaid, plus our costs and expenses associated
with the collection of all or part of such amount from you, including reasonable
attorney fees. You understand you may not be able to withdraw funds until
we have received final settlement for any item deposited. Any deposit made
on Saturdays, Sundays, Holidays, or after our cutoff hour on business days,
will be processed on the next business day. Deposits may be subject to a service
charge. Deposits to checking and NOW accounts shall be handled in accordance
with our current Funds Availability Policy which will control the banking
day deposits are deemed received by us and when they will be available for
withdrawal.
- Collection of Deposited
Items. In receiving items for deposit or collection, we act only as your
agent and assume no responsibility beyond the exercise of ordinary care. All
items are credited subject to final settlement in cash or credits. We shall
have the right to forward items to correspondents including all Federal Reserve
Banks, and we shall not be liable for default or neglect of said correspondents
for loss in transit, nor shall any correspondent be liable except for its
own negligence. You specifically authorize us or our correspondents to utilize
Federal Reserve Banks to handle such items in accordance with Provisions of
Regulation J (12 CFR Part 210), as revised and amended from time to time by
the Federal Reserve Board. In the event we are subject to local clearinghouse
rules, you specifically authorize us to handle such items in accordance with
the rules and regulations of the clearinghouse.
If we permit you to withdraw funds from your account before final settlement
has been made for any deposited item, and final settlement is not made, we
have the right to charge your account or obtain a refund from you. In addition,
we may charge back any deposited item at any time before final settlement
for whatever reason. We shall not be liable for any damages resulting from
the exercise of these rights. Except as may be attributable to our lack of
good faith or failure to exercise ordinary care, we will not be liable for
dishonor resulting from any reversal of credit, return of deposited items
or for any damages resulting from any of these actions.
- Set-offs. We may
set-off funds in your account to pay any debt you may owe us. If the account
is held jointly, we may offset funds for the debt of any one of the joint
owners.
- Expenses. Any
expenses arising from attachment, garnishment or levy of your account will
be your responsibility.
- Dormant Accounts.
You understand that if your account is dormant, you will be charged the fee
specified in the Account Disclosure. You agree that we are relieved of all
responsibility if your account balance is escheated in accordance with state
law.
- Joint Accounts, Trust
Accounts and Custodial Accounts. You acknowledge that if your account
is set up as a joint account, trust account or custodial account, it is your
sole responsibility to determine the legal effects of opening and maintaining
an account of this nature.
- Joint Account.
If this is a joint account, all deposits are the property of the person(s)
indicated on the account and we may release all or any part of the amount
in the account to honor checks, withdrawals, orders or requests from any person
named on this account. Any person named on the account is liable for the amount
of any overdraft regardless of whether he or she signed the item or benefited
from the proceeds of the item. Upon receiving written notice from any person
named on the account, we may freeze the account. The account may be frozen
until we receive written notice, signed by all parties named in the account,
as to the disposition of funds. We may use the funds to satisfy a debt or
judgment of any person named on this account if ordered to do so by a court
of law.
- Joint Account with/without
Right of Survivorship. If this account is noted as a joint account
with right of survivorship (and not as tenants in common), on the death
of one party to a joint account, all sums in the account on the death vest
in and belong to the surviving party(ies) as his or her separate property
and estate. In the event this account is designated as a joint account
without right of survivorship (and as tenants in common) and we receive
written notice of death of any person named on the account, we may freeze
the account until we have received satisfactory evidence as to the disposition
of the account.
- Payable on Death Account.
If this account is noted as a Payable on Death account, the Owner(s) may
change the named Beneficiary(ies) at any time by completing and delivering
to us a new Payable-On-Death (P.O.D.) Beneficiary Designation form prior to
that Owner's death. The Owner(s) reserves the right to withdraw all or part
of the deposit at any time. For joint accounts with right of survivorship,
transfers to the surviving Beneficiary(ies) of the last surviving Owner will
occur once that Owner is deceased. For joint accounts without right of survivorship,
transfers to the surviving Beneficiary(ies) of an Owner's legal share of the
account will be made after the death of that Owner. The Beneficiary(ies) is
entitled to the account (or Owner's legal share of the account) after all
of the claims, including the Owner's outstanding checks and debits, have been
paid. If more than one Beneficiary is entitled to transfer, the Beneficiaries
will own such funds in equal shares without right of survivorship.
- Custodial Account.
Any custodial account maintained is subject to the Kansas Uniform Transfers
to Minors or other applicable state or federal law. The account must be opened
in the name of a custodian. There may be only one custodian and one minor
or beneficiary for each account.
- Power of Attorney.
If you wish to name another person to act as your attorney in fact or
agent in connection with your account, we must approve the form of appointment.
- Corporate, Partnership,
and Other Organizational Account. You agree to supply us with a separate
authorization informing us of the authorized signer(s) and to provide any
other related documents, if requested to do so.
- Fees, Service Charges
and Balance Requirements. You agree to pay to us and are responsible
for any fees, charges or balance/deposit requirements as provided in the Account
Disclosure provided to you at the time you opened the account. Fees, charges
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 account,
if the person cashing the check is not a customer of this financial institution.
- Non-Sufficient Funds.
If your account lacks sufficient collected funds to pay a check, preauthorized
transfer or other debit activity presented for payment, we may return
such item for non-sufficient funds and will
charge you a fee as provided in the Disclosures, subject to our Overdraft
Policy, if any. We may process checks and any other debit activity in any
order, including from the highest dollar amount to lowest dollar amount.
- Amendments and Alterations.
Notice will be given to you if we change the terms of this Agreement
at any time by mailing notice to your address shown on our records, by posting
a notice of any such changes at our main officer or by whatever notice requirements
that may be required by law.
- Closing Account. We
may close the account at any time, with or without cause, by sending you notice
and a check for the balance in our possession to which you are entitled. At
our discretion, we have the authority to pay an otherwise properly payable
check, which is presented after the closing of your account.
- Transfers and Assignments.
You cannot assign or transfer any interest in your account unless we agree
in writing.
- Effective Applicable
Laws and Regulations. You understand that this Agreement is governed
by the laws of the state where this account is opened except to the extent
that federal law is controlling. Changes in these laws and regulations may
modify the terms and conditions of your account(s). We do not have to notify
you of these changes, unless required to do so by law.
- Payment of Interest.
If your account is an interest bearing account, interest will be calculated
and paid in accordance with the Account Disclosure described in paragraph
25 and provided to you at the time you opened the account.
- Stop Payments. If
you request that we stop payment on a check which you have written or other
item payable for your account, you will supply us with a written request within
14 days after you make such request. The stop payment request must be provided
to use at a time and in a manner that gives us a reasonable opportunity to
act upon the order. The stop payment order is effective for six (6) months,
but it lapses after fourteen (14) calendar days if the original order was
oral and was not confirmed in writing within that period. You will be charged
a fee for any stop payment order you request, unless otherwise agreed. A stop
payment order may be renewed for an additional six (6) months if renewed during
the effective time period, and such renewal request will be treated as a new
request for the purpose of fee assessment. We are not liable to you if we
pay the identified check as long as we acted in good faith or exercised ordinary
care. Any damages that you incur and which we may be liable for are limited
to actual damages not to exceed the amount of the check. You also agree that
if we return any other item drawn by you due to non-sufficient funds which
situation is caused because we paid an item upon which you had requested a
stop payment, we will not be liable for such action. You understand we may
accept the stop payment order from any of the owners of the account, regardless
of who signed the check. A release of the stop payment order may be made only
by the person who initiated the stop payment. If you request a stop payment
on a preauthorized transfer, such stop payment will be handled in accordance
with the provisions of our Electronic Fund Transfer Agreement and Disclosure
provided to you at the time you opened the account or any time thereafter.
- Checks. All negotiable
paper ("checks") presented for deposit must be in a format that
can be processed and/or photographed. We may refuse to accept any check that
does not meet this requirement. All endorsements placed on the reverse side
on any check which you deposit to your account, must be placed so they are
on the left side of the check when looking at it from the front and must be
placed so they do not go beyond an area located 1 1/2 inches from the left
edge of the check when looking at if from the front. We may refuse to accept
any check that does not meet this requirement, and, if we do accept it, you
will be completely responsible for any loss incurred by us which is premised
on an endorsement not meeting this requirement, including reasonable attorney
fees.
You will have the responsibility to make sure at the time you issue any check
that the format is such that there will be no writing whatsoever on the reverse
side of the check placed beyond an area located 1 1/2 inches from the left
edge of the check when looking at it from the front. You can be completely
responsible for any loss incurred by us which is premised on an endorsement
no meeting this requirement, including reasonable attorney fees.
- Stale, Postdated or
Overdraft Checks. If you can write checks on your account, you agree not
to postdate any check drawn on the account. We may pay any postdated check
unless you have given us written notice of the postdating describing the check
with reasonable certainty. The notice is effective for 6 months and must be
received at such time and manner as to afford us a reasonable opportunity
to act on it. We are not liable to you for paying any stale, postdated or
overdraft check, and you agree to reimburse us for any loss we might suffer
as long as we acted in good faith or exercised ordinary care. Any damages
that you incur and which we may be liable for are limited to actual damages
not to exceed the amount of the check.
- Check Safekeeping.
If you can write checks on your account and utilize a check safekeeping
or any other system offered by us for the retention of your checks, you understand
that the canceled checks will be retained by us and destroyed after a reasonable
time period or as required by law. Any request for a copy of any check is
subject to a fee. If for any reason we cannot provide you with a copy of a
check, our liability will be limited to the lesser of the face amount of the
check or the actual damages sustained by you.
- Statements. If
your account a Checking, NOW, Money Market, or Statement Savings account,
we will provide you with a periodic statement showing the account activity.
The account holder who receives this statement is the agent for his/her co-account
holder(s) for purposes of receiving the statement and items. You must notify
us within 30 days after we mail or otherwise make the statement available
to you of any discrepancies. If you fail to notify us, you will have no claim
against us. However, if the discrepancy is the result of an electronic fund
transfer, the provisions of our Electronic Fund Transfer Agreement will control
its resolution. If you do not receive a statement from us because you have
failed to claim it or have supplied us with an incorrect address, we may stop
sending your statements until you sufficiently make written request that we
resume sending your statements and you supply us with a proper address.
- Account Disclosure.
If your account is considered a consumer account, at the time you opened
your account, you received an Account Disclosure which provided a schedule
of all fees and charges applicable to the account, the interest rate and applicable
Annual Percentage Yield, minimum balance requirements, compounding and crediting
of interest and other pertinent information related to the account. This information
found in the disclosure may change from time to time. If the fees, charges,
minimum balance requirements or other items change in a manner that would
aversely affect you, we will provide you with written notice 30 days prior
to the change.
- Facsimile Signatures.
You authorize us, at any time, to charge you for all checks, drafts, or
other orders for the payment of money, that are drawn on us regardless of
whom or by what means the facsimile signature(s) may have been affixed so
long as they resemble the facsimile signature specimen in our files and contain
the required number of signatures for this purpose.
- Restrictive Legends.
We are not required to honor any restrictive legend on checks you write unless
we have agreed to the restriction in a writing signed by an officer of the
financial institution. Examples of restrictive legends are "must be presented
within 90 days" or "not valid for more than $1,000.00."
- No Waiver. You
understand and agree that no delay or failure on our part to exercise any
right, remedy, power or privilege available to us under this Agreement shall
affect or preclude our future exercise of that right, remedy, power or privilege.
CHECKING AND NOW ACCOUNTS
In addition to the General Rules, your Checking Account and Negotiable Order
of Withdrawal (NOW) Account will be subject to the following rules:
- Withdrawals. Deposits
will be available for withdrawal consistent with the terms of our Funds Availability
Policy. Withdrawals may be subject to a service charge.
- Withdrawal Notice
Requirements. If your account is a NOW or interest bearing checking account,
we have the right to require seven (7) days prior written notice from you
of your intent to withdraw any funds from your account.
MONEY MARKET ACCOUNTS
In addition to the General Rules, your Money Market Account will be subject
to the following rules:
- Withdrawals. We
have the right to require seven (7) days prior written notice from you of
your intent to withdraw any funds from your account. Withdrawals may be subject
to a service charge.
- Access Limitations.
You understand that we will not allow more preauthorized transfers than
the maximum number specified in your Account Disclosure. The Account Disclosure
will also specify the maximum number of checks that may be written on your
account per month. A preauthorized transfer is a transfer of funds from this
account to make payments to a third party by means of a preauthorized or telephone
agreement, order, or instruction. Federal regulations require compliance with
these restrictions. We may be required to close your account, take away any
ability to transfer and write checks or convert the account to a checking
or other transaction account if these restrictions are violated.
SAVINGS ACCOUNTS
In addition to the General Rules, your Savings Account will be subject to the
following rules:
- Withdrawals. We
have the right to require seven (7) days prior written notice from you of
your intent to withdraw any funds from your account. Withdrawals may be subject
to a service charge.
- Passbooks. If
your account is a passbook account and you wish to make a withdrawal without
your passbook, we may refuse to allow the withdrawal. If your passbook is
lost or stolen, you will immediately notify us in writing.
- Access Limitations.
You understand that we will not allow more preauthorized transfers than
the maximum number specified in your Account Disclosure. A preauthorized transfer
is a transfer of funds from this account to make payments to a third party
by means of a preauthorized or telephone agreement, order, or instruction.
Federal regulations require compliance with these restrictions. We may be
required to close your account, take away any ability to transfer and write
checks or convert the account to a checking or other transaction account if
these restrictions are violated.
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