Account Agreement / Terms and Conditions

DEFINITIONS.

Throughout this Agreement, these terms have the following meaning:

• "You," "your," and "account owner" refer to the Customer whether or not there are one or more Customers named on the account.
• "We," "our," and "us" refer to the Bank, The Bank of Southside Virginia.
• "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
• "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions, and signature-based debit card transactions.
• "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.

GENERAL AGREEMENT.

You understand that the following Account Agreement ("Agreement") governs your Checking or Savings account with us, along with any other documents applicable to your account, including any account opening Disclosures that have been provided to you, which are incorporated by reference. You understand that your account is also governed by applicable law.

The account opening Disclosures include the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. The information found in any account opening Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other items change in a manner that would adversely affect you, we will provide you with written notice prior to the change, including 30 days prior when required by applicable law, the Disclosures, or other account opening documents. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

APPLICABILITY OF SECTIONS.

This Agreement consolidates terms applicable to checking accounts, savings accounts, consumer accounts, business accounts, joint accounts, minor accounts, escrow accounts, trust accounts, fiduciary accounts, custodial accounts, and related account services. A section applies only when the account type, ownership arrangement, legal capacity, product, service, or transaction described in the section applies to your account.

YOUR CHOICE OF ACCOUNT.

You have instructed us as to the title and type of the account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your chosen account. For example, there are conditions that may need to be satisfied before transferring accounts due to death or other events as well as reductions to an account required or permitted by law. You must determine whether the account you select is appropriate for your current and future needs. Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice on your legal interests.

AUTHORIZATION TO OBTAIN INFORMATION.

You authorize us to check your account, credit and employment history, and obtain reports from third parties, including credit and consumer reporting agencies, to verify your eligibility for the account, products and services you request and for other accounts, products, or services we may offer you or for which you may qualify.

BUSINESS ACCOUNTS.

Business accounts are those established by any partnership, corporation, association or other entity operated on a for-profit basis; all corporations and associations operated on a not-for-profit-basis; and any individual who intends to use the account for carrying on a trade or business. We reserve the right to require separate written authorization, in a form acceptable to us, telling us who is authorized to act on your behalf. We are authorized to follow the directions of a person designated as having authority to act on the entity's behalf until we receive written notice that the authority has been terminated and have had a reasonable time to act upon that notice.

ADDITIONAL DOCUMENTS TO OPEN ACCOUNT.

You agree to supply us with a copy of any chartering document, Operating Agreement, or related documents requested by us.

ESCROW, TRUST, FIDUCIARY AND CUSTODIAL ACCOUNTS.

When your account is set up as an escrow account, trust account, fiduciary account or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature. We have no obligation to act as trustee or to inquire into your powers or responsibilities over this account. We reserve the right to require the documentation necessary under applicable law to establish, maintain, manage, and close this account. There may be additional terms and conditions that apply to this account that are governed by a separate agreement.

JOINT WITH RIGHT OF SURVIVORSHIP ACCOUNT.

The joint tenants (account owners) agree that all funds deposited now or in the future in this account shall be held as joint tenants with right of survivorship and not as tenants in common. On the death of a joint tenant, ownership in the account passes to the surviving joint tenant or tenants. If there is more than one surviving joint tenant, then the account shall continue to be held as a joint account with survivorship. When there is only one surviving account owner, the account shall be treated as an individual account.

ACCOUNTS FOR MINORS.

If an account is established for a minor as a joint account with an owner who has reached the age of majority in accordance with state law, they are jointly and severally liable to us for any returned Item, overdraft, or unpaid amount on such account and for any related fees and charges. We may pay funds directly to the minor regardless of their age. Unless a parent or guardian is an account owner, the parent or guardian will not have access to the account. We have no duty to inquire about the use or purpose of any transaction except as required by applicable law. We may not change the account status when the minor reaches the age of majority unless the change is authorized in writing by all account owners.

TRANSFERS AND ASSIGNMENTS.

We may assign or transfer any or all of our interest in this account. You cannot assign or transfer any interest in your account unless we agree in writing.

FINANCIAL EXPLOITATION.

As permitted by law, we may act or decline to act to prevent, stop, or mitigate financial exploitation of an adult. For example, we may (1) delay, decline, or place a hold on a transaction or disbursement involving the adult; (2) approve or deny other requests or modifications to the account, such as a transfer of funds, change in ownership, or change in beneficiaries; or (3) notify a third party of the financial exploitation. We will not be liable for the actions we take on the account if we acted in good faith and exercised reasonable care. For purposes of this section, “adult” means vulnerable adult, elder adult, senior adult, eligible adult, or other person as defined by applicable law.

MULTIPLE ACCOUNT OWNERS.

If there is more than one account owner for your account, all deposits are the property of the person(s) indicated on the account. We may release all or any part of the amount in the account to honor checks, orders, or other items, or withdrawals or requests from any person named on this account. However, the number of signatures on the Account Information form must be met. Any person named on the account is liable for an amount equal to the overdrawn balance plus any overdraft fees 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 also freeze the account upon receipt of notice of the death or incapacity of an account owner until we have received all necessary documentation to establish to whom payment should be made. 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.

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.

TRANSACTION LIMITATIONS.

Your account may be subject to transaction limitations. Please refer to the Disclosures to understand which transaction limitations, if any, apply to your account.

RESTRICTIVE LEGENDS.

We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in writing signed by an officer of the Bank. Examples of restrictive legends are "two signatures required", "must be presented within 90 days" or "not valid for more than $1,000.00." You agree that we may pay items bearing fewer signatures than you may require, and we are not obligated to verify the number or authenticity of signatures.

STALE OR POSTDATED CHECKS.

We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. You agree not to postdate any check drawn on the account. If you do, and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.

PREAUTHORIZED CHECKS OR DRAFTS.

You should guard information about your account (such as your routing number and your account number) as carefully as you would guard blank checks. If you voluntarily give such information about your account to a party which is seeking to sell you goods or services, without physically delivering a check to that party, any debit to or withdrawal from your account it initiates will be deemed authorized by you.

VERIFYING FUNDS AVAILABILITY FOR CHECK.

You authorize us to release funds availability information about your account to individuals or merchants who represent to us that they have received a check from you.

CHECK SAFEKEEPING.

If you utilize a check safekeeping system 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 may be subject to a fee, as indicated in the Fee Schedule or Disclosures and as allowed by law. 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.

YOUR RESPONSIBILITY FOR BACK OF CHECK.

All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account must be placed on the left side of the check when looking at it from the front, and the endorsements must be placed so as not to go beyond an area located 1-½ inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement. We may accept items payable to you even if not endorsed and may supply missing endorsements. You warrant endorsements are genuine. Use only blue or black ink and stay within the designated endorsement area. If your endorsement or other marks interfere with our endorsement, imaging, or processing, you will indemnify and hold us harmless for resulting losses and expenses (including attorneys’ fees). Applies to personal and business checks.

ELECTRONIC CHECKS AND ELECTRONICALLY-CREATED ITEMS.

Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes. See the Substitute Checks section for more information.

Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper form. For example, you set up automatic bill payments with us to pay your utility bill. From your account information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a substitute check since it never existed in paper form.

SUBSTITUTE CHECKS.

To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These substitute checks are similar in size to the original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. An electronic check can be used to create a substitute check since the electronic image and electronic information was derived from its paper form.

REMOTE DEPOSIT CAPTURE.

Remote deposit capture ("RDC") allows you to make deposits to your account from remote locations by electronically transmitting digital images of your original paper checks, which are drawn on or payable through United States financial institutions in United States dollars to us. We may then use the digital image to create an electronic check or substitute check for collection. If you use our RDC services, if applicable, we may require you to endorse the back of the paper check to indicate that it has been remotely deposited. For example, "for mobile deposit only" or "for mobile deposit at The Bank of Southside Virginia only."

REMOTELY CREATED CHECKS.

A remotely created check, as defined in Regulation CC, means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. By having a deposit account with us, you certify that all remotely created checks deposited to your account(s) will be expressly and verifiably authorized by the payer. And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe that the check is fraudulent in any manner and to obtain from you the payer's express, verifiable authorization for any such check.

WITHDRAWALS.

Deposits will be available for withdrawal consistent with the terms of the Disclosures. Withdrawals may be subject to a service charge. If more than one person is authorized to withdraw, any authorized person may withdraw or transfer any part of the account at any time, and until we receive written notice to the contrary, each authorized person authorizes the others to endorse items payable to them or their order for deposit to this account or for other transactions with us. We may pay and charge your account for a postdated check unless we receive written notice of the postdating in time to allow a reasonable opportunity to act, and because we process items mechanically, the notice must precisely identify the item number, date, amount, and payee. If you obtain check blanks from a third party, they must be in a form we approve, and we may refuse any withdrawal or transfer request made on unapproved forms or by any method we do not specifically permit. Withdrawals and transfers may be subject to frequency and amount limitations under our policies; we may refuse requests that exceed those limitations and apply any frequency limitations based on the date we complete the transaction; we may limit the account until your identity is verified; and if you violate applicable limitations, we may close the account or reclassify it and apply the terms and fees for the new classification. If we are presented with an item that would be a “substitute check” under applicable law but for an error or defect introduced in the substitute-check creation process, you agree we may pay the item. Use caution when making large cash withdrawals; you assume the risk of loss if cash you withdraw is lost, stolen, or destroyed and you agree to hold us harmless from any resulting loss. For any transaction where an item is converted to an electronic transaction and we have no opportunity to examine the original item or signatures (including electronic check conversion, truncation, or similar processing), you waive any requirement of multiple signatures. To the extent permitted by applicable law, we reserve the right to require not less than seven (7) days’ written notice before withdrawals from certain deposits. A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing.

DEPOSITS.

Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item and, if applicable, adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and expenses related to the collection of all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit accounts, are available in accordance with the Disclosures. Except for cash deposits, all deposits are credited subject to collection and are provisional until final settlement. Until final settlement, we act only as your agent in collecting deposited items, and we may reverse provisional credit for items that are lost, stolen, or returned. You authorize us to charge back your account for the amount of any item deposited to or cashed for you that is returned or reversed after initial payment for any reason, including forged, unauthorized, or missing endorsements, alterations, encoding errors, counterfeit items (including cashier’s checks), or other collection problems, and you authorize us to re-present returned items and attempt collection again without notice. Credit for items payable in foreign currency will be based on the exchange rate in effect when final settlement is received in U.S. dollars. We are not responsible for deposits sent by mail or left in an outside depository until we actually receive and record the deposit. If you will not be present when a deposit is counted, you must provide an itemized deposit list (deposit slip); we will verify and record the deposit and will credit only the amount we determine to be the actual deposit, regardless of the amount stated on the deposit slip, and we may notify you of any discrepancy. Transactions received after our daily cutoff time, or on a day we are not open for business, will be treated as received on the next business day we are open. We may, at our option, accept an item for collection rather than for deposit. If you mail deposits to us, you should endorse all checks and include your account number and a deposit slip. If you want a receipt, you must include a self-addressed stamped envelope. Do not send cash through the mail. If deposit instructions are unclear or incomplete, we may, in our discretion, deposit the funds to any of your accounts with us or apply the funds to a loan or other obligation you owe us.

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 or 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 those actions.

UNLAWFUL INTERNET GAMBLING.

Restricted transactions are prohibited from being processed through your account with us as required by the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG. A restricted transaction is a transaction or transmittal involving any credit, funds, instrument, or proceeds in connection with the participation of another person in unlawful Internet gambling. You will notify us if your business practices regarding Internet gambling change in the future.

You agree not to use your account or any service related to your account to process or facilitate any “restricted transaction” as defined by applicable law, including the Unlawful Internet Gambling Enforcement Act and Regulation GG. We may refuse to process, or may block, any transaction we believe may be a restricted transaction, and we may take any action permitted by law if we believe your account is being used for unlawful internet gambling.

STATEMENTS.

If your account is a statement account, we will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. 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 exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 30 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law. Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or otherwise make the statement or items available to you, even if we failed to exercise ordinary care. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures 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 specifically make written request that we resume sending your statements and you supply us with a proper address. In addition to reviewing your statement for forged, altered, or unauthorized signatures, you agree to promptly review all entries for any other errors or problems, including posting or encoding errors and discrepancies in deposit amounts. If we provide you with items, copies, or images (including substitute checks or check images), you also agree to review them for missing or unauthorized endorsements and any other irregularities. If you believe your statement or any item, copy, or image is incorrect, or if you do not receive a statement when expected, you must notify us promptly. Error resolution for electronic fund transfers is governed by the Electronic Fund Transfer disclosures, and error resolution for substitute checks is governed by our substitute check disclosure, if applicable. If you do not report an unauthorized signature, alteration, or other error within the time periods required by this agreement and applicable law, you may lose the right to assert the error, including for other items by the same wrongdoer. You agree to notify us immediately if you do not receive your statement when expected, as a missing statement may be a sign of possible fraud or identity theft. For consumer electronic fund transfers, the notice, liability, and error resolution provisions in the Electronic Fund Transfer disclosure control to the extent of any inconsistency.

ELECTRONIC STATEMENTS AND NOTICES.

You may have the option to have statements and notices regarding this account provided to you in an electronic form, including to a designated e-mail address, through an online banking portal, or other electronic method, upon your authorization. The authorization may be withdrawn at any time to return to a mailed paper form by providing written notice to us at the address provided. The fees for receiving in either form, and for receiving paper copies, are described in your Disclosures or other account opening documents.

In order to receive your account information in an electronic form, the receiving system must meet the following requirements: Sufficient electronic storage capacity on your computers hard drive or other data storage unit. An email account with an Internet service provider and email software. A personal computer PC with a Pentium 120 MHz or higher processor or a Macintosh Power Mac 9500 or Power PC 604 processor with a 120 MHz base or higher. An operating system and telecommunications connection to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received. Adobe Reader version 8.0 or higher. Windows 2000 or later running Internet Explorer version 6.0 or higher or Firefox version 3.0 or higher, or Macintosh OSX 10.2 or higher running the Safari web browser. The Bank of Southside Virginia is not responsible for any electronic virus or viruses a customer may encounter. It is the Banks recommendation that customers perform routine scans of their system using a virus protection product. We will keep you informed of any change to the minimum hardware or software requirements.

ACH AND WIRE TRANSFERS.

This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the Commonwealth of Virginia. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.

If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("Nacha") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

PROVISIONAL PAYMENT.

Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

INTERNATIONAL ACH TRANSACTIONS.

If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

If you send or receive an ACH entry that is an International ACH Transaction (IAT), the entry may be subject to additional review and screening for compliance with applicable laws and regulations. This review may delay the processing or settlement of the entry, and we may refuse, block, return, or reject an entry if required by law or if we believe the transaction violates applicable restrictions.

NOTICE OF RECEIPT.

We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.

CHOICE OF LAW.

We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.

DIRECT DEPOSITS.

We may offer direct deposit services, including preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. If your account is overdrawn, you authorize us to deduct the amount of the overdraft from any deposit, including deposits of government payments or benefits. If we are required to reimburse the U.S. government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law.

REAL-TIME PAYMENTS.

You may send and receive certain payments or payment-related messages through a real-time payments system, such as The Clearing House's Real-Time Payment (RTP®) network or the Federal Reserve's FedNow® Service. Real-time payments, or instant payments, allow you to have immediate availability of these funds twenty-four (24) hours a day, seven (7) days a week, and fifty-two (52) weeks a year. These payments may be subject to transaction limits (e.g., $500,000) and settlement is final and irrevocable. Real-time payments are intended for domestic payments only. Payments sent or received by a person outside of the United States are prohibited. Transfers using a real-time payments system are subject to the applicable operating or governing rules of the real-time payments system used, as well as the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), and the rules of OFAC.

STOP PAYMENTS.

STOP PAYMENT ON CHECKS.

You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on us for 14 calendar days only and must be confirmed by you in a record or writing within that period. If the record or written confirmation is not received as specified, we will no longer be bound by your request. Upon receipt of confirmation in a record or writing, a Stop Payment Order on a check remains in effect for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the authorized signers of the account regardless of who signed the check. We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received the check.

STOP PAYMENT ON EFT DEBITS.

A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 14 calendar days only and must be confirmed by you in a record or writing within that period. For consumer accounts, a Stop Payment Order on an EFT debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. For business or other non-consumer accounts, a Stop Payment Order on an EFT debit remains in effect until the earlier of 1) your withdrawal of the Stop Payment Order, 2) the return of the debit entry, or 3) six months from the date of the Stop Payment Order, unless you renew the Stop Payment Order. You may renew the Stop Payment Order for an additional six months to prevent the transfer from being paid by providing a request to us within the time period the Stop Payment Order is in effect. When a stop is placed on a multiple debit entry transfer,we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization).

The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), Nacha Operating Rules, and any applicable state law.

You may be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request. If you request a stop payment and we incur any damages, losses, or expenses because of the stop payment, you agree to reimburse and indemnify us for those amounts, including reasonable attorneys’ fees. You assign to us your rights against the payee or any other holder of the item and agree to cooperate with us in any action we take to recover those amounts.

LOST, DESTROYED, OR STOLEN CASHIER’S, TELLER’S, OR CERTIFIED CHECKS.

If you claim that a cashier’s check, teller’s check, certified check, or other official check issued by us (an “Official Check”) has been lost, destroyed, or stolen, you must provide us with a written claim and any information we reasonably request so we can evaluate the claim. We may require you to complete and sign an affidavit of loss and to provide identification and other documentation. Your claim to the amount of an Official Check generally is not enforceable until the time period required by applicable law has passed. We may, but are not required to, pay the amount of the Official Check before the claim becomes enforceable. If we choose to pay before the claim becomes enforceable, we may require you to provide us with an indemnity agreement and may require other protection (including a surety bond) acceptable to us. If we pay you based on your claim and the Official Check is later presented and paid, or if a claim is asserted by another party, you agree to reimburse us and indemnify and hold us harmless from any loss, claim, damage, liability, or expense (including attorneys’ fees) related to the Official Check, including any amount we are required to pay a holder or claimant.

DEATH OR INCOMPETENCY.

Neither your death nor a legal adjudication of incompetence, nor the death or legal adjudication of incompetence of any individual authorized to act on your behalf, revokes our authority to accept, pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. To the extent 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 ordered to stop payment by a person claiming an interest in the account.

NON-SUFFICIENT FUNDS AND OVERDRAFTS.

HOW WE DECIDE TO PAY AN ITEM OR DEBIT - AVAILABLE BALANCE.

We use an available balance method to determine if there are sufficient funds in your account to pay an item or debit transaction. The available balance reflects deposits and transactions that have been posted to your account and transactions that have not posted to your account, including the following: checks you have written, deposit holds, and holds on debit card transactions that have been authorized but not yet posted (i.e., preauthorization holds). These pending transactions and holds reduce your available balance. For example, you have $100 in your account and a pending transaction of $30. Your available balance is $70 because the pending $30 transaction reduces your available account balance.

HOW WE ASSESS FEES - ACTUAL (LEDGER) BALANCE.

If there are insufficient funds to pay a debit transaction or item based on your actual (ledger) balance, we may either: 1) return the debit or item or 2) pay the debit or item at our discretion. We may charge you fees if we return the debit or item or pay the debit or item on your behalf.

RETURN ITEM FOR NON-SUFFICIENT FUNDS.

If we do not pay the debit transaction or item on your behalf and return the debit or item, we may charge you non-sufficient funds fees. Pursuant to Nacha Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you non-sufficient funds fees for each resubmission of a debit or re-presentation of an item, which means you may incur multiple non-sufficient funds fees if a debit or item is returned more than one time. For example, you write a check from your account with us. The check is returned for non-sufficient funds, and we may charge you non-sufficient funds fees. The same check is then re-presented to us for payment, and the check is returned again for non-sufficient funds. We may charge you non-sufficient funds fees the second time the check is presented for payment and returned for non-sufficient funds.

OVERDRAFTS.

If we pay the debit transaction or item on your behalf, you will be responsible for the overdrawn balance, and we may charge you overdraft fees.

We may, but are not required to, pay checks, drafts, electronic fund transfers, or other items that overdraw your account. Any decision to pay an overdraft is solely at our discretion, and we may refuse to pay an overdraft at any time, even if we have paid overdrafts before. You do not have any right to overdraw your account, and our payment of one or more overdrafts does not obligate us to continue doing so. We may impose limits on the amount by which your account may be overdrawn, but any such limit is for our internal use only, may change at any time without notice, and does not create any obligation on our part to pay any item that would overdraw your account. You must immediately repay any overdraft and any related fees or charges.

DETERMINING YOUR BALANCE.

Your “available” balance may not be the same as your account's “actual” or “ledger” balance. Available balance means the amount of money that can be withdrawn at a point in time. We use the available balance method to determine whether there is enough money in your account to authorize real time transactions, such as debit card transactions. The available balance could be greater or less than the actual or ledger balance when there are pending transactions such as funds held or credited from deposits or pending deposits, funds held for debit card authorizations, or any other holds on funds in your account. The available balance does not reflect every transaction you have initiated or previously authorized. Items that may not be reflected in your available balance include, but are not limited to: outstanding checks and authorized automatic withdrawals such as recurring debit card transactions, transfers, and ACH transactions that we have not received for payment or processing, the final amount of debit card purchases, scheduled bill payments that have not yet been processed and debit card transactions that have been previously authorized but not sent to us for payment from your account where we have released the transaction authorization. Checks you write or other scheduled debits may reduce your available balance, but they may not be reflected in your available balance until we receive the check or debit for payment or is otherwise presented for processing. You are responsible for maintaining sufficient funds to cover all outstanding checks and other transactions you have authorized, even if they are not yet reflected in your available balance. Sideline Reserve overdraft line of credit limits may be included in your account's available balance and ledger balance to pay for transactions. You assume the risk of initiating transactions based on your available balance, which may include provisional or uncollected funds.

EXTENDED OVERDRAWN BALANCE CHARGE.

If an account’s ledger balance remains overdrawn for three consecutive business days, an Extended Overdrawn Balance Charge may be assessed for that overdraft occurrence. An overdraft occurrence begins on the business day an account’s ledger balance first becomes negative and continues until the ledger balance is brought back to a positive amount. Once the balance is positive, a new overdraft occurrence would begin only if the account later becomes overdrawn again. For purposes of this fee, business days are Monday through Friday, excluding federal holidays. Weekends and federal holidays are not counted when determining consecutive business days overdrawn. This fee is not charged daily, is not charged multiple times for the same continuous negative balance, and will not be charged again unless the account balance is first restored to a positive amount and later becomes overdrawn again.

For example, if your account becomes overdrawn on a Monday and remains overdrawn through Wednesday, the Extended Overdrawn Balance Fee may be assessed on Wednesday. If your account is brought positive before three consecutive business days have passed, no Extended Overdrawn Balance Fee will be charged.

The Extended Overdrawn Balance Fee is separate from any peritem NSF or overdraft item fees that may apply based on transaction activity. The Extended Overdrawn Balance Fee is based solely on the account’s continuous negative ledger balance over time, not on the number of transactions.

IMPORTANT INFORMATION ABOUT DEBIT CARD CREDITS AND THIRDPARTY TRANSFERS.

Some thirdparty funds transfer services (such as certain peertopeer payment services) may send funds to your account using debit card credits. These credits may appear as available in your account before the funds have fully settled to your ledger balance. Debit card credits from thirdparty services may settle over time in a manner similar to debit card purchases, which can also take multiple business days to fully settle to your ledger balance. Because of this timing, relying on a debit card credit to restore an overdrawn account may not immediately end an overdraft occurrence.

If your ledger balance remains overdrawn while a debit card credit is still settling, the Extended Overdrawn Balance Fee may still apply if the ledger balance remains overdrawn for three consecutive business days. If you are concerned about avoiding the Extended Overdrawn Balance Fee, you should not assume that funds received through a thirdparty service using a debit card credit will immediately clear an overdrawn balance. You are encouraged to contact your thirdparty service provider to understand how and when their transfers are completed, including whether funds are sent as debit card credits or through other methods.

Deposits made inbranch or through ACH generally settle differently and may post to the ledger balance sooner than debit card credits from thirdparty services.

ITEM PROCESSING.

When an item is presented against your account for which there are nonsufficient funds, the item may be placed into exception processing. A NSF Item Charge fee may be posted and the NSF Item Charge may overdraw the account. The next business day, we review the exception item and decide whether to pay or return it. If we pay the item, the item will show as a debit on the second day. If we decide to return the item, the NSF Item Charge from the prior day is reversed and credited back, and a NSF Returned Item Charge is then charged. An Extended Overdrawn Balance Charge may also apply if the account remains overdrawn for 3 or more consecutive business days.

Each business day, credits (such as deposits and ACH direct deposits) are posted before debits (such as ATM withdrawals and checks). In the normal course of business, we generally post debits based on the internal transaction code assigned to each category or type of debit. There are hundreds of transaction codes, however this disclosure includes the most common types of debit transactions. Please ask us if you have a question about a particular type of debit. The following reflects our typical posting order; however, posting order may vary based on transaction type, system processing, or other operational factors. 1. Phone/In-Person Transfer, 2. ATM Charge (Fee), 3. Debit Card Point of Sale (Checking POS Debit), 4. ATM Withdrawal (Cash Plus Debit), 5. Internal Transfer (Online- to Checking, to Savings, to Loan), 6. Debit Card Recurring Debit (DDA POS Recurring Debit), 7. Internal Transfers (AFT- to Checking, to Savings, to Loan, to IRA), 8. Force Pay Item, 9. Check Presented Internally (First Pay Check), 10. ACH Debit, 11. ACH Electronic Check Conversion, 12. Zelle Debit, 13. Teller Debit (Debit Memo), 14. Check processed through Federal Reserve System (FED Letter Debit), 15. Other System Generated Fees, such as NSF or Service Charge. When multiple items within the same transaction category are posted on the same day, items with a check or serial number are posted in sequential order within the category. Otherwise, the items within a particular group are sorted by dollar amount from low to high. For illustrative purposes only: (For consumer accounts with a debit card, information regarding debit card overdraft services and optin elections is provided in the What You Need to Know About Overdraft and Overdraft Services disclosure.)

Consumer accounts without ATM/debit card opt-in: The starting balance is $50. A $55 debit card transaction is declined, so the balance stays $50. During nightly processing, a $20 ACH is paid, bringing the balance to $30. A $50 ACH is then paid, bringing the balance to -$20. A $100 check is then paid, bringing the balance to -$120. Two NSF Paid Item Charges totaling $72 are then assessed, bringing the balance to -$192. If the balance remains overdrawn for three consecutive business days, a one-time $36 Extended Overdrawn Balance Charge is assessed for this overdraft occurrence, bringing the balance to -$228.

Business accounts and consumer accounts with ATM/debit card opt-in: The starting balance is $50. A $55 debit card transaction is approved and settles during nightly processing, bringing the balance to -$5. Also during nightly processing, a $20 ACH is paid, bringing the balance to -$25. A $50 ACH is then paid, bringing the balance to -$75. A $100 check is then paid, bringing the balance to -$175. Three NSF Paid Item Charges totaling $108 are then assessed, bringing the balance to -$283. If the balance remains overdrawn for three consecutive business days, a one-time $36 Extended Overdrawn Balance Charge is assessed for this overdraft occurrence, bringing the balance to -$319.

PROCESSING ORDER.

We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for them in the order that they are processed, we may charge you non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.

SIGNATURES.

Your signature on the Account Information document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means (including facsimile signature(s)) your signature may have been affixed so long as the signature resembles the signature specimen in our files. For 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 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 instrument or instructions is not genuine.

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 convenience. You agree that no facsimile signature you have authorized us to honor may be considered a forgery or an unauthorized signature, and that every authorized facsimile signature shall be effective as the signatory's own original, manual signature. You accept sole responsibility for maintaining security over any device affixing the signature as such signature will be effective regardless of whether the person affixing it was authorized to do so. Your authorization notwithstanding, we are not obligated to accept or pay any items bearing facsimile signatures.

Further, most checks, and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks, and other items, i.e., without individual 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 injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.

You may authorize one or more persons to sign on your account. An authorized signer is permitted to transact business on the account as authorized by you, but is not an owner of the account and has no ownership rights in the funds unless otherwise stated in our records. Each account owner is responsible for all transactions and obligations on the account, including those made by any authorized signer, and you agree we may rely on the authority of any authorized signer until we receive written notice acceptable to us that the signer’s authority has been revoked and we have had a reasonable opportunity to act on it. We may require documentation and identification to add or remove an authorized signer, and we may refuse to honor any request to add or remove a signer if we have reason to believe a dispute exists or the request could expose us to liability.

PAYMENT OF INTEREST.

Interest will be calculated and paid in accordance with the Disclosures provided to you at the time you opened the account.

FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS.

You agree to pay us and are responsible for any fees, charges or balance/deposit requirements as provided in the Fee Schedule or Disclosures 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 Bank. We may also require reasonable identification to cash a check, draft, or other instrument drawn on your account. We may determine what identification is reasonable under the circumstances, and it may be documentary or physical, including collecting a thumbprint or fingerprint.

SPECIAL ACCOUNT INSTRUCTIONS.

You may request that we facilitate certain trust, will, or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or provide us with other protection. We may require that account changes requested by any account owner, such as adding or closing an account or service, be evidenced by a signed document that evidences a change to an account and accepted by us. You and any surviving owner or beneficiary agree to indemnify and hold us harmless from any claim or liability asserted against us as a result of the disposition of funds in reliance on this Agreement and any account designations of yours. If an account is opened or maintained in a fictitious name, trade name, or assumed name, you represent and warrant that you have the legal right to use the name and that you have complied with all applicable requirements for doing business or conducting transactions under that name. You agree to indemnify and hold us harmless from any claim, loss, or expense arising from our reliance on the name you provide.

WITHDRAWAL NOTICE REQUIREMENTS.

We have the right to require seven days prior written notice from you of your intent to withdraw any funds from your account.

SET-OFFS AND SECURITY INTEREST.

If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the 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 accounts held by you) to use your account funds to pay the debt, where permitted by law. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. The security interest granted by this Agreement is consensual and is in addition to our right of set-off. We may exercise our right of set-off without prior notice to you, when permitted by law, against any due and payable debt you owe us now or in the future. If one or more account owners are liable for a partnership debt to us, we may set off funds in this account to the extent of that owner’s liability for the partnership debt. If the debt arises under a promissory note, the due and payable amount includes the amount we have properly demanded, including any portion we have properly accelerated under the note. Our right of set-off does not apply where prohibited by law, including, for example, to an Individual Retirement Account or similar tax-deferred retirement account, to debt created by a consumer credit transaction under a credit card plan (this does not affect any consensual security interest), or where the right of withdrawal arises only in a representative capacity. We will not be liable for the dishonor of any item if the dishonor occurs because we exercised our right of set-off. You agree to hold us harmless from any claim arising as a result of our exercise of set-off.

Any account owner may pledge all or part of the funds in the account as security for a debt. Any pledge of the account will be satisfied before any rights of a surviving account owner or any payable-on-death beneficiary become effective to the extent permitted by law.

CLAIMS.

In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, 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 designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures. If we are served with a subpoena, search warrant, writ, restraining order, attachment, execution, levy, garnishment, or similar legal process, we will comply, and in our discretion we may freeze some or all of the funds in the account and refuse payments or withdrawals until a final court determination or other resolution. We may do this even if the legal process or dispute involves less than all account owners. We will have no liability to you for any insufficient funds, returned items, or other consequences that result from our compliance with legal process, the freezing of funds, or other restrictions on access. You agree to reimburse us for any fees, costs, or expenses we incur in responding to or complying with legal process or adverse claims, including attorneys’ fees and internal expenses, and we may charge those amounts to your account to the extent permitted by law. We may also place an administrative hold on funds in your account if the account becomes subject to an adverse claim, including claims by survivors or beneficiaries, or claims arising by operation of law, for the period we reasonably believe necessary to permit a legal proceeding or until we receive evidence satisfactory to us that the dispute has been resolved, and we will not be liable for items dishonored as a result of such a hold.

DORMANT/INACTIVE ACCOUNTS.

You understand that if your account is dormant or inactive, we may charge fees specified in the Disclosures and cease any interest payments to the extent permitted by the law. You agree that we are relieved of all responsibility if your account balance is escheated (that is, turned over to the state) in accordance with state law. Once we have transferred the funds in accordance with law, you agree we will have no further liability to you for those funds, and your claim for the funds must be made against the state. We may continue to assess any applicable fees and service charges as permitted by law and our disclosures until the account is transferred, and we may refuse withdrawals or other transactions once the account is subject to unclaimed property processing.

ATTORNEYS' FEES AND EXPENSES.

You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to 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 or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest 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 account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute. You also agree to pay our costs and expenses, including reasonable attorneys’ fees, that we incur in collecting any amount you owe us under this agreement, whether or not a lawsuit is filed, and you authorize us to deduct those amounts from your account when incurred, without prior notice, to the extent permitted by law.

LEGAL PROCESS AGAINST ACCOUNT.

You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment 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 in any legal proceeding.

CLOSING ACCOUNT.

We may close the account at any time, with or without cause, after sending you notice if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after the closing of your account. Such a 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 possession to which you are entitled. Items presented for payment after an account is closed may be dishonored. If you close your account, you are responsible for leaving enough money in the account to cover any outstanding items that may be paid from the account. Reasonable notice of account closure depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it may be reasonable for us to provide notice after the account closure (or restriction) becomes effective. For example, we may immediately freeze or close your account and then provide notice. The Bank may suspend, restrict, or terminate any ancillary service or product associated with an account at any time, with or without notice, subject to applicable law.

CHANGING ACCOUNT PRODUCTS.

We may change the account product associated with your account and move your account to another account type or product by giving you notice as required by applicable law. If you do not close the account before the effective date of the change, you agree the account may be converted to the new product and will thereafter be governed by the terms, conditions, features, and fees applicable to that product. If the account is a time deposit, we will not change the product before maturity unless permitted by law or agreed by you.

OUR WAIVER OF RIGHTS.

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.

YOUR WAIVER OF NOTICE.

By signing the Account Information form, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account to the extent permitted by law. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.

NOTICE.

You are responsible for notifying us of any address or name changes, any change to the name, type, or address of your entity, death of an account holder, or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied. If your notice relates to a specific check or other item, your notice must include sufficient information to identify the item, including the precise check or item number, amount, date, and payee, and we must receive the notice in time to allow us a reasonable opportunity to act on it.

Notice from us to any one account owner is notice to all account owners.

LIABILITY.

If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if, for example: (1) your account contains an insufficient available balance for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We are not responsible for a check that is paid by us if we acted in a commercially reasonable manner and exercised ordinary care. We exercise ordinary care if our actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general financial institution practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Agreement. Any conflict regarding what you and our employees say or write will be resolved by reference to this Agreement. You agree to the Bank’s fees and charges as disclosed to you and you authorize us to deduct such fees and charges from the account as they accrue, without prior notice, to the extent permitted by law. If your account has a shortage for any reason, including overdrafts or the assessment of fees or charges, you agree that each account owner is jointly and severally liable for the full amount of the shortage and that the shortage is due immediately upon demand. You authorize us to apply any deposits or other credits later made to the account toward the shortage until it is paid in full. This responsibility applies regardless of whether you signed or initiated the item or transaction that created the shortage, and regardless of whether you benefited from it. We are not liable for failure to perform due to events beyond our control, including natural disasters, war, cyberattacks, system failures, or government actions.

TAXPAYER IDENTIFICATION NUMBER AND BACKUP WITHHOLDING.

You must provide a taxpayer identification number (hereinafter TIN) with your account with us. If you fail to provide your TIN within a reasonable time, we may suspend opening your account or close your account and return the balance to you, less any applicable service fees. We may withhold taxes from interest earned on your account as required by federal or state law or regulations. Your failure to furnish a correct TIN or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service a percentage of interest and certain other payments. Federal tax law requires us to report interest payments we make to you of $10 or more in a year and to include your taxpayer identification number (TIN) on that report. For individuals, the TIN is your Social Security number. You must provide your TIN and certify that it is correct. You also must certify that you are not subject to backup withholding due to underreporting of interest. Special rules may apply if you do not have a TIN but have applied for one, if you are a foreign person, or if you are exempt from reporting requirements. We may be required to begin backup withholding if the IRS notifies us that you provided an incorrect TIN or that you underreported interest income.

CERTIFIED BENEFICIAL OWNER INFORMATION.

You are responsible for notifying us of any changes to the certified beneficial ownership information of the legal entity customer that was provided to us. Notice should be made to us as soon as practical upon a change to the beneficial ownership information in a form and manner acceptable to us.

TELEPHONE AND ELECTRONIC COMMUNICATION.

You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us. You also agree that we may monitor and record telephone and electronic communications that affect your account(s) with us to the extent permitted by law. We need not provide further notice to you or receive additional approval. Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us by facsimile transmission or instructions left by voice mail or on a telephone answering machine. Your consent to be contacted is limited to matters relating to your account and as authorized by applicable law and regulations. Your consent is voluntary and is not conditioned on the purchase of any product or service from us, and is provided in compliance with applicable consumer protection laws and regulations (including the Telephone Consumer Protection Act and CAN-SPAM and related rules).

CONSENT TO CONTACT.

By executing this Agreement, you agree that we and/or our third-party providers, including debt collectors, may contact you by telephone, text message, or voicemail transmission at any authorized telephone number associated with your account, including wireless telephone numbers (i.e., cell phone numbers), which could result in charges to you, in order to service your account or collect any amounts owed to us. You further agree methods of contact may include use of pre-recorded or artificial voice messages, and/or use of an automatic dialing device. You may withdraw the consent to be contacted on your wireless telephone number(s) at any time by any reasonable means. If you have provided a wireless telephone number(s) on or in connection with any account, you represent and agree you are the wireless subscriber or customary user with respect to the wireless telephone number(s) provided and have the authority to give this consent. Furthermore, you agree to notify us of any change to the wireless telephone number(s) which you have provided to us.

In order to help mitigate harm to you and your account, we may contact you on any telephone number associated with your account, including a wireless telephone number (i.e., cell phone numbers), to deliver to you any messages related to suspected or actual fraudulent activity on your account, data security breaches or identity theft following a data breach, money transfers, or any other exigent messages permitted by applicable law. These contacts will not contain any telemarketing, cross-marketing, solicitation, advertising, or debt collection message of any kind. The contacts will be concise and limited in frequency as required by law. You will have an opportunity to opt-out of such communications at the time of delivery.

ONLINE OR MOBILE SERVICES.

If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law. We may also record your personal information from a scan or a copy of your driver's license or other personal identification card or receive an image or make a copy of your driver's license or other personal identification card for accounts opened in-person. We may store or retain this information to the extent permitted by law.

AMENDMENTS AND ALTERATIONS.

Except as prohibited by law, we may amend this Agreement by adding, removing, or changing terms at any time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

SEVERABILITY.

If a court for any reason holds a provision of this Agreement to be unenforceable, the rest remains fully enforceable. All headings are intended for reference only and are not to be construed as part of the Agreement.

ENFORCEMENT.

You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.

EFFECTIVE APPLICABLE LAWS AND REGULATIONS.

You understand that this Agreement is governed by the laws of Virginia, 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. If any of the terms of this Agreement come into conflict with the applicable law and are declared to be invalid or unenforceable, those terms will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.

To help the government fight money laundering and other financial crimes, federal law may require us to obtain information from you and file reports for certain cash transactions. You agree to provide any information we request in connection with a cash transaction, and you understand that we may refuse or delay a cash transaction if you do not provide the information required for us to comply with applicable law.

Consumer electronic fund transfers are subject to the Electronic Fund Transfer disclosure and applicable law. If any provision of this Agreement conflicts with rights or obligations that apply to consumer electronic fund transfers under applicable law, the Electronic Fund Transfer disclosure and applicable law will control.

ACCOUNT SECURITY.

It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly. For example, by giving your account number to a merchant or other payee, you may authorize them to debit your account. You should treat your account number the same way you treat your ATM card, debit card, or credit card. You should guard your account number carefully. If you use the bill payment service, you are responsible for controlling access to the bill payment service. If you authorize another person to use your bill payment service, you are responsible for any payments made by that person until you notify us that payments by that person are no longer authorized. If you have an account at our bank that issues a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts, we recommend that you use a positive pay service to help detect and prevent check fraud. This service is designed to detect fraudulent checks presented for payment on your account. If we have offered you a positive pay service and you decline to use that service, you agree that we shall not be liable for any loss due to the unauthorized payment of a check that you could have prevented by using our positive pay service. This provision does not apply if we do not offer this service or if you accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for accounts holders that issue: a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts.

You agree that any transaction initiated or authorized by you, including those induced by fraud, deception, or impersonation (such as social engineering scams), is considered authorized by you. We are not liable for losses resulting from such transactions unless required by law. You are responsible for maintaining the confidentiality of your login credentials and security devices. Any transactions conducted using valid credentials will be deemed authorized unless you have notified us of compromise.

Notify us immediately upon discovering any unauthorized transaction, suspected fraud, or security breach involving your account. Failure to do so may result in loss of recovery to the extent permitted by law. You acknowledge that items are processed using automated means and we do not visually examine all items. As a result, we may not detect alterations, forgeries, or other irregularities, and we are not liable for such items if we act in accordance with applicable law and ordinary care. We have no duty to detect forgeries, alterations, or unauthorized signatures, and you agree that we may pay items that appear valid on their face and are processed in accordance with our standard procedures.

We may rely on any security procedure we deem reasonable, and we are not liable for acting on instructions we believe to be genuine.

CLAIM OF LOSS.

For any claim of loss not governed by the Electronic Fund Transfer disclosures, you agree to cooperate fully in our investigation and to provide us promptly with any information we reasonably request, including a written statement of facts and an affidavit of loss if we require one. You agree to notify law enforcement of any suspected criminal act involving lost, missing, or stolen checks or any unauthorized withdrawal and to provide us with any related report information upon request. We will have a reasonable period of time to investigate your claim, and unless we have acted in bad faith, we will not be liable for special or consequential damages (including lost profits or opportunity) or for attorneys’ fees you incur in connection with the claim. You agree not to waive any rights you may have against any person or entity obligated to repay, insure, or reimburse you for the loss, and you agree to pursue those rights or, at our option, assign them to us. Our liability, if any, will be reduced by the amount you recover or are entitled to recover from other sources.

EARLY WITHDRAWAL PENALTIES.

If your account is a time deposit (such as a certificate of deposit), withdrawals before maturity may be restricted and may be subject to an early withdrawal penalty as disclosed to you. Any early withdrawal penalty may apply even if the withdrawal is not initiated by you, including withdrawals resulting from our right of setoff, legal process, or any other involuntary withdrawal. If a partial early withdrawal occurs, we may treat it as an early withdrawal of the entire balance for purposes of assessing the penalty, to the extent permitted by law and our disclosures.

RESOLVING ACCOUNT DISPUTES.

If any dispute, adverse claim, or conflicting demand arises regarding the ownership of funds in your account or the authority of any person to withdraw funds, we may, in our discretion, place an administrative hold on some or all of the funds and refuse to pay items or permit withdrawals until we receive evidence satisfactory to us that the dispute has been resolved or a court directs us how to proceed. We may take these actions even if the dispute involves fewer than all account owners. We will not be liable for any dishonor, returned item, overdraft, or other loss that results from such a hold or refusal. You agree to reimburse and indemnify us for any loss, cost, or expense (including reasonable attorneys’ fees) we incur as a result of the dispute or adverse claim, and you authorize us to charge those amounts to your account to the extent permitted by law.

SUBACCOUNT ORGANIZATION.

For certain accounts, we may use a subaccount structure for our internal accounting and regulatory purposes. Your account may consist of two subaccounts, one of which is a transaction subaccount and the other of which is a non transaction subaccount. We may automatically transfer funds between the subaccounts as needed, including to permit transactions you request or to comply with applicable requirements. This subaccount organization will not affect your ability to access funds, the amount of interest (if any) paid on the account, how interest is calculated, the availability of funds, the information shown on your statements, or the amount of FDIC insurance coverage applicable to your account.

OWNERSHIP OF ACCOUNT.

We may, in our discretion, refuse to open an account in any form of ownership or with any beneficiary designation, or refuse to accept a requested change in ownership or beneficiary designation. We may require documentation, identification, and any agreements or forms we consider necessary to establish or change ownership or beneficiary designations, and we may require all account owners to consent in writing before we act on a request.

CORRECTION OF CLERICAL ERRORS.

We may correct clerical or administrative errors in any account record, document, disclosure, or form, including errors in account numbers, interest calculations, fee postings, or other entries. If a correction results in a credit or debit to your account, you authorize us to make the adjustment. If we determine a signature or other required information is missing from account documentation, you agree to provide it upon request.

ELECTRONIC NOTICES.

We may provide any notice, disclosure, or other communication to you in electronic form, including by email, text message, online banking message, or by making it available through an online or mobile service, to the extent permitted by law and your consent. Electronic notices are effective when sent or made available, as applicable, and you agree to maintain current contact information and to promptly notify us of any change.

STATEMENT NONRECEIPT.

Your failure to receive a statement does not relieve you of your duty to review your account activity and to notify us of errors or unauthorized transactions within the time periods required by this agreement and applicable law. If you do not receive a statement when expected, you agree to notify us promptly. For consumer electronic fund transfers, applicable law and the Electronic Fund Transfer disclosure govern the time periods and procedures for reporting EFT errors and unauthorized transfers.

IDENTITY VERIFICATION.

We may require reasonable identification and may use security procedures we consider appropriate before providing account information, accepting instructions, or permitting transactions. If we are not satisfied as to your identity or authority, we may refuse to provide information, restrict transactions, or limit the account until verification is completed.

AUTOMATIC BILLING UPDATER.

If you have a debit card issued on a card network that offers an automatic billing updater service, we may participate in that service. If your card number or expiration date changes due to replacement, reissue, renewal, or upgrade, your updated card information may be provided to participating merchants for recurring or card on file transactions. You remain responsible for ensuring merchants have current payment information and for cancelling recurring payments you no longer authorize. You may opt out of the updater service by contacting us.

NOTICE REGARDING INACCURATE INFORMATION.

If you believe we have reported inaccurate information about you or your account to a consumer reporting agency, you may notify us in writing at the address we designate for credit reporting disputes. Please include your name, account number, a description of the specific information you believe is inaccurate, and any supporting documentation so we can investigate and respond as required by law.

REAL TIME PAYMENTS.

You should use real time payment services, including Zelle® and similar person to person payment services, only to send money to people you know and trust. Because these transfers are typically processed quickly, funds may be difficult or impossible to recover once you authorize the payment. Any rights you may have regarding unauthorized or erroneous transfers will be determined by applicable law and, for consumer electronic fund transfers, the Electronic Fund Transfer disclosure.

THIRD PARTY SERVICES.

If you provide your account credentials to a third party (including financial management tools or data aggregators), you are responsible for understanding the risks of allowing that access. For consumer electronic fund transfers, whether a transfer is authorized and what rights apply in the event of an error or unauthorized transfer will be determined under the Electronic Fund Transfer disclosure and applicable law.

FRAUD PREVENTION SERVICES.

Except for consumer electronic fund transfers subject to Regulation E, if you decline a fraud prevention service we offer, you may be responsible for losses that could have been prevented by that service, except to the extent caused by our bad faith or negligence.

UNCLAIMED PROPERTY.

The Bank is not responsible for locating customers of unclaimed property. Fees may continue until remittance.

ACCOUNT RESTRICTION.

We may restrict or block transactions based on suspected fraud, legal risk, or security concerns without prior notice.

ELECTRONIC DISPUTES.

Your rights regarding electronic fund transfer disputes are determined by applicable law and, for consumer electronic fund transfers, the Electronic Fund Transfer disclosure. Certain card-network or service-provider rules may also apply to specific transaction types.

EMAIL AND TEXT COMMUNICATIONS.

Email and text communications may not always be secure. You should use caution when communicating sensitive information electronically.

NO FIDUCIARY RELATIONSHIP.

Our relationship with you is that of debtor and creditor only and does not create any fiduciary or advisory relationship.

RIGHT TO REFUSE.

We may, subject to applicable law, refuse, delay, restrict, or block transactions for risk management, fraud prevention, security, legal, or compliance reasons.

THIRD PARTY PAYMENT SERVICES.

We are not responsible for the independent acts or omissions of third-party payment service providers. However, for consumer electronic fund transfers, your rights and our obligations with respect to unauthorized or erroneous transfers are governed by applicable law and the Electronic Fund Transfer disclosure.

MULTIPLE CUSTODIANS OR AUTHORIZED PERSONS.

Where an account is established with more than one custodian or authorized person, any reference in account titling or signature documentation to the conjunctions “and” or “or” is descriptive only and is intended solely to identify the individuals associated with the account. The use of “and” or “or” does not define, create, or limit the authority of such persons to transact business on the account, including transactions, instructions, and account maintenance actions, which may be performed by any such person acting individually, unless otherwise restricted by law or the Bank’s express written agreement. The Bank is entitled to rely on instructions from any one custodian or authorized person without regard to the use of “and” or “or” in account titling, and shall have no duty to inquire into agreements between such persons.

SCAM WARNING.

Scammers may contact you by phone, text, email, social media, dating applications, or other online platforms and may pretend to be a family member, friend, merchant, investment professional, government agency, law enforcement officer, fraud investigator, or Bank employee. You should use caution before sending money, providing account credentials, or acting on instructions received through these channels. Do not send money to people you do not know or trust, including in response to requests involving romance, emergencies, investment opportunities, cryptocurrency, or supposed efforts to “protect” your money. Transfers authorized by you may be difficult or impossible to recover once sent. For more information about avoiding scams and fraud, including impersonation, romance, and investment scams, you may visit the Federal Trade Commission’s consumer scam resources, the Consumer Financial Protection Bureau’s fraud and money transfer resources, or the FDIC’s consumer education resources.

NOTICE OF POTENTIAL DISCLOSURE OF NEGATIVE INFORMATION TO CONSUMER REPORTING AGENCIES.

This notice is being furnished pursuant to the Fair Credit Reporting Act (15 U.S.C. 1681) as amended by the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).

NOTICE

We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.