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Deposit Agreement INTRODUCTION - SIGNATURES - In consideration of Fidelity State Bank & Trust Co. ("Bank or Bank's) agreement to open this account, and other value received by each of the depositors, the depositor (whether one or more) agrees to the terms stated below and acknowledges receipt of this Deposit Agreement, Truth-In Savings Disclosure, Schedule of Fees and Charges, TIN instructions, Funds Availability Disclosure, Electronic Funds Transfer Disclosure and Bank rules and regulations. In the event of any conflict or inconsistency between the terms of any separately receipted document and this Agreement, the term of the separately receipted document shall govern and control. Depositor also authorizes Bank to check credit and employment history should it deem necessary. The terms and conditions of all receipted documents, together with all terms and conditions stated below are incorporated herein by this reference. GENERAL PROVISIONS - The following printed terms, and those on any separate agreements and disclosures (the terms and conditions of which have been incorporated herein), will govern the operation of this account, unless clearly varied in writing or typing. "We", "our", or "us" means the depository institution and "you" means the Depositor, or each Depositor, if more than one. This agreement includes your promise to pay the charges for check orders and other charges as shown on the Schedule of Fees and Charges and your permission for us to deduct these charges, as we earn them, directly from the account balance. You also agree to pay any additional reasonable charges we may impose for services you request which are not contemplated by this agreement. Each of you agrees to be jointly and severally liable for any account deficit resulting from charges or overdrafts, together with the costs we incur to collect the deficit. We will not be liable for dishonor of your checks or other items resulting from our deduction of any such charges and collection costs. This agreement is governed by State and Federal law and regulations and applicable clearinghouse rules, except to the extent that this agreement can and does vary such rules and law. OWNERSHIP OF ACCOUNT - The following provisions explain the rules applicable to this account depending on the form of ownership specified on the deposit agreement. Only the portion corresponding to the form of ownership specified will apply.
DEPOSITS - In receiving items for deposit or collection, we act only as your collecting agent and assume no responsibility beyond the exercise of ordinary care. We are not liable for default or negligence of our duly selected correspondents, nor for losses in transit, and each correspondent is not liable except for its own negligence. Any items accepted for deposit (including items drawn "on us") will be given provisional credit only until collection is final and in U.S. dollars. We are not responsible for any transactions (including deposits made at an outside depository) until we actually record them. You agree to assume liability for any endorsement that violates the standards prescribed by Federal law or regulation. WITHDRAWALS - Unless otherwise indicated on the deposit account applications, any one of you who signs and accepts this agreement, as a Depositor or otherwise, may withdraw or transfer all or any part of the account balance at any time on forms approved by us. Each of you authorizes each other person signing and accepting this agreement to endorse any item payable to you or your order for deposit to this account or any other transaction with us until we receive actual notice to the contrary. A check that will overdraw the available account balance will trigger a service charge (as described in our Schedule of Fees and Charges), whether we pay the item or dishonor it. We may, at our option and in lieu of other charges in connection with an overdraft, charge interest on the overdraft at a rate not to exceed the maximum legal rate until paid. You agree, immediately upon notice from us, to deposit funds sufficient to cover any overdraft plus service charges. In connection with overdrafts, our determination of the available account balance may be made at any time between presentment and our transaction deadline, and will only be made once. The fact that we may honor withdrawal requests which overdraw the available account balance does not obligate us to do so. We will not be obligated to honor such requests unless required by law or by another agreement we have with you. We reserve the right to disregard any information on the check other than the drawer's signature, the payee, the amount, and any magnetically encoded information at the bottom of the check. Unless previously agreed to by us in writing, we will not be liable for payment of any post-dated item, or for payment of any item bearing on its face any conditional statement or restriction such as 'Void after 90 days", "Void over $100", "Paid in full", or "Two signatures required". If we pay any such item, we may charge the full amount of that item to your account. We may refuse any withdrawal or transfer request which is for an amount less than any minimum withdrawal requirement or which exceeds any frequency limitation. If you fail to observe these stated account limitations, we may close this account. We will use the date a transaction is completed by us (and not the day you initiate it) to apply the frequency limitations. On interest-bearing accounts, other than time deposits, we reserve the right to require at least seven days' written notice before any withdrawal or transfer. Withdrawals from a time deposit, prior to maturity or prior to the expiration of any notice period, may be restricted or prohibited and, if consented to by us, may be subject to a substantial penalty. ACCOUNT TERMS, AMENDMENTS, AND TERMINATION - This account is subject to charges, interest rates, and minimum balance requirements established from time to time by us. We may change such applicable charges, interest rates, and minimum balance requirements, or any other account terms, at any time, after such notice, if any, as is required by law, or if there is no specific requirement of law, then after reasonable notice. Notice from us to any one of you is notice to all of you. This account relationship may be terminated by us at any time and without previous notice by mailing notice thereof and a check for the account balance, if any, to you at your address as shown on our records on the date of mailing. This account may not be transferred or assigned without our written consent. STOP PAYMENTS - Any one of you can order us to stop payment on a check drawn on your account. In order to place a stop payment order, you must inform us of the exact amount of the check, the number of the check, the number of the account and the name of the payee; otherwise, we may not be able to identify your stop order. We will not be responsible if the check in question is not described with reasonable certainty, and we are entitled to a reasonable period of time after you give us a stop order to notify our employees. Oral stop payment requests are effective for fourteen (14) days unless confirmed by written order; written stop payment orders are effective for six (6) months and may be renewed. There is a charge for each stop payment request as disclosed in our Schedule of Fees and Charges. You agree to hold us harmless for all liability, expense, and cost we incur because we refuse to pay the check, except for our failure to order; you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person. No stop payment orders are allowed on cashier checks, or certified checks, except as provided or required by law. STATEMENTS - If periodic statements are generated for this account, such statements will be mailed to you at the address shown on our records unless you otherwise instruct us. Examine your statement carefully upon receipt and reconcile your account. Notify us promptly of any error or unauthorized signature or alteration. If you do not notify us of an unauthorized signature or alteration promptly, you cannot assert the unauthorized signature or alteration against us if we suffered a loss by reason of your failure to do so. If you do not notify us of an unauthorized signature or alteration within a reasonable time (not to exceed 14 calendar days) after we send or make available to you a periodic statement and (if applicable) accompanying items, you cannot assert any unauthorized signatures or alterations by the same wrongdoer on any items paid by us after the reasonable time mentioned above elapses, but before we receive notice from you. DIRECT DEPOSITS - If we deposit any amount in this account which should have been returned to the State or Federal Government for any reason, you authorize us to deduct the amount of our liability to the State or Federal Government from this account or from any other account you may have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. SET-OFF'S - By signing or accepting this agreement, for value received, you each grant to us a security interest in the account and in addition agree that we have the right (without prior notice and when permitted by law) to set-off the funds in this account against any due and payable indebtedness owed to us by any one or more of you without regard to the ownership or source of the funds in the account and without requirement that the debt be owed to us by all of you rather than only some of you. This right of set-off does not apply to this account to the extent restricted or prohibited by law or contract. You agree to hold us harmless from any claim arising from exercise of our right of set-off. DORMANT ACCOUNTS - We may, after a reasonable period of inactivity, consider your account dormant. Dormant accounts will continue to earn interest, and will be subject to such maintenance and service charges as may be shown on the Schedule of Fees and Charges. We will mail periodic statements for dormant accounts. We may define dormancy differently than as defined by applicable State law. |