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Products & Services
Terms and Conditions of Your Account
AGREEMENT -
This document, along with any other documents we give you pertaining
to your account(s), is a contract that establishes rules which control
your account(s) with us. Please read this carefully. If you sign
the signature card or open or continue to have your account with
us, you agree to these rules. You will receive a separate schedule
of rtes, qualifying balances, and fees if they are not included
in this document. If you have any questions, please call us.
This agreement is subject to applicable federal
laws and the laws of the state of Iowa (except to the extent that
this agreement can and does vary such rules or laws). The body of
state and federal law that governs our relationship with you, however,
is too large and complex to be reproduced here. The purpose of this
document is to:
- summarize some laws that apply to common
transactions;
- establish rules to cover transactions or
events which the law does not regulate;
- establish rules for certain transactions
or events which the law regulates but permits variations by agreement;
and
- give you disclosures of some of our policies
to which you may be entitled or in which you may be interested.
If any provision of this document is found
to be unenforceable according to its terms, all remaining provisions
will continue in full force and effect. We may permit some variations
from our standard agreement, but we must agree to any variation
in writing either on the signature card for your account or in some
other document. As used in this document the words "we,"
"our," and "us" mean the financial institution
and the words "you" and "Your" mean the account
holder(s) and anyone else with the authority to deposit, withdraw,
or exercise control over the funds in the account. The headings
in this document are for convenience or reference only and will
not govern the interpretation of the provisions. Unless it would
be inconsistent to do so, words and phrases used in this document
should be construed so the singular includes the plural and the
plural includes the singular.
LIABILITY -
You agree, for yourself (and the person or entity you represent
if you sign as a representative of another) to the terms of this
account and the schedule of charges. You authorize us to deduct
these charges directly from the account balance as accrued. You
will pay any additional reasonable charges for services you request
which are not covered by this agreement.
Each of you also agrees to be jointly and severally
(individually) liable for any account shortage resulting from charges
or overdrafts, whether caused by you or another with access to this
account. This liability is due immediately, and can be deducted
directly from the account balance whenever sufficient funds are
available. You have no right to defer payment of this liability,
and you are liable regardless of whether you signed the item or
benefited from the charge or overdraft. This includes liability
for our costs to collect the deficit including, to the extent permitted
by law, our reasonable attorneys' fees.
DEPOSITS - We
will give only provisional credit until collection is final for
any items, other than cash, we accept for deposit (including items
drawn "on us"). Actual credit for deposits of, or payable
in, foreign currency will be at the exchange rate in effect on final
collection in U.S. dollars. We are not responsible for transactions
by mail or outside depository until we actually record them. We
will treat and record all transactions received after our "daily
cutoff time" on a business day we are open, or received on
a day we are not open for business, as if initiated on the next
following business day that we are open.
WITHDRAWALS
- Unless clearly indicated otherwise on the account records, any
of you, acting alone, who signs in the space designated for signatures
on the signature card may withdraw or transfer all or any part of
the account balance at any time. Each of you (until we receive written
notice to the contrary) authorizes each other person signing the
signature card to endorse any item payable to you or your order
for deposit to this account or any other transaction with us. We
may charge your account for a check even though payment was made
before the date of the check, unless we have received written notice
of the postdating in time to have a reasonable opportunity to act.
We may refuse any withdrawal or transfer request which you attempt
on forms not approved by us, by any method we do not specifically
permit, which is greater in number than the frequency permitted,
or which is for an amount greater or less than any withdrawal laminations.
Even if we honor a nonconforming request, we may treat continued
abuse of the stated limitations (if any) as your act of closing
the account. We will use the date the transaction is completed by
us (as opposed to the date you initiate it) to apply the frequency
limitations. The fact that we may honor withdrawal requests that
overdraw the available account balance does not obligate us to do
so later. See the funds availability policy disclosure for information
about when you can withdraw funds you deposit. For those accounts
for which our funds availability policy disclosure does not apply,
you can ask us when you make a deposit when those funds will be
available for withdrawal.
We may require not less that 7 days' notice
in writing before each withdrawal from an interest-bearing account
other than a time deposit, or from any other savings account as
defined by Regulation D. Withdrawals from a time account prior to
maturity or prior to any notice period may be restricted and may
be subject to penalty. See your notice of penalty for early withdrawal.
OWNERSHIP OF ACCOUNT
AND BENEFICIARY DESIGNATION - These rules apply to this account
depending on the form of ownership and beneficiary designation,
if any, specified on the account records. We make no representations
as to the appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay the account
funds.
Individual Account - is an account in the
name of one person.
Joint Account - With Survivorship (And Not
As Tenants In Common) - is an account in the name of two or more
persons. Each of you intend that when you die the balance in the
account (subject to any previous pledge to which we have agreed)
will belong to the survivor(s). If two or more of you survive,
you will own the balance in the account as joint tenants with
survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants
In Common) - is owned by two or more persons, but none of you
intend (merely by opening this account) to create any right of
survivorship in any other person. We encourage you to agree and
tell us in writing of the percentage of the deposit contributed
by each of you. This information will not, however, affect the
"number of signatures" necessary for withdrawal.
Revocable Trust or Pay-On-Death Account -
If two or more of you create this type of account, you own the
account jointly with survivorship. Beneficiaries cannot withdraw
unless: (1) all persons creating the account die, and (2) the
beneficiary is then living. If two or more beneficiaries are named
and survive the death of all persons creating the account, beneficiaries
will own this account in equal shares, without right of survivorship.
The person(s) creating either of these account types may: (1)
change beneficiaries, (2) change account types, (3) withdraw all
or part of the account funds at any time.
BUSINESS ACCOUNTS
- Earnings in the form of interest, dividends, or credits will be
paid only on collected funds, unless otherwise provided by law or
our policy. We may require the governing body of the legal entity
opening the account to give us a separate authorization telling
us who is authorized to act on its behalf. We will honor the authorization
until we actually receive written notice of a change from the governing
body of the legal entity.
STOP PAYMENTS
- You must make any stop-payment order in the manner required by
law and we must receive it in time to give us a reasonable opportunity
to act on it before our stop-payment cutoff time. To be effective,
your stop-payment order must precisely identify the number, date
and amount of the item, and the payee.
You may stop payment on any item drawn on your
account whether you sign the item or not, if you have an equal or
greater right to withdraw from this account than the person who
signed the item. A release of the stop-payment request may be made
only by the person who initiated the stop-payment order.
Our stop-payment cutoff time is one hour after
the opening of the next banking day after the banking day on which
we receive the item. Additional limitations on our obligation to
stop payment are provided by law (e.g., we paid the item in cash
or we certified the item).
TELEPHONE TRANSFERS
- 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. Unless a different limitation is
disclosed in writing, we restrict the number of transfers from a
savings account to another account or to third parties, to a maximum
of six per month (less the number of "preauthorized transfers"
during the month). Other account transfer restrictions may be described
elsewhere.
AMENDMENTS AND TERMINATION
- We may change any term of this agreement. Rules governing changes
in interest rates are provided separately. For other changes, we
will give you reasonable notice in writing or by any other method
permitted by law. We may also close this account at any time upon
reasonable notice to you and tender of the account balance personally
or by mail. Notice from us to any one of you is noticed to all of
you.
STATEMENTS -
You must examine your statement of account with "reasonable
promptness". If you discover (or reasonably should have discovered)
any unauthorized signatures or alterations, you must promptly notify
us of the relevant facts. As between you and us, if you fail to
do either of these duties, you will have to either share the loss
with us, or bear the loss entirely yourself (depending on whether
we used ordinary care and, if not, whether we substantially contributed
to the loss). The loss could be not only with respect to items on
the statement but other items with unauthorized signatures or alterations
by the same wrongdoer.
You agree that the time you have to examine
your statement and report to us will depend on the circumstances,
but will not, in any circumstance, exceed a total of 30 days from
when the statement is first sent or made available to you.
You further agree that if you fail to report
any unauthorized signatures, alterations, forgeries, or any other
errors in your account within 60 days of when we first send or make
the statement available, you cannot assert a claim against us on
any items in that statement, and as between you and us the loss
will be entirely yours. This 60-day limitation is without regard
to whether we used ordinary care. The limitation in this paragraph
is in addition to that contained in the first paragraph of this
section.
ACCOUNT TRANSFER
- This account may not be transferred or assigned without our prior
written consent.
DIRECT DEPOSITS -
If, in connection with a direct deposit plan, we deposit any amount
in an account which should have been returned to the Federal Government
for any reason, you authorize us to deduct the amount of our liability
to the Federal Government from the account or from any other account
you have with us, without prior notice and at any time, except as
prohibited by law. We may also use any other legal remedy to recover
the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT
- If this option is selected, this is a temporary account agreement.
Each person who signs in the space designated for signatures on
the signature card (except as indicated to the contrary) may transact
business on this account. However, we may at some time in the future
restrict or prohibit further use of this account if you fail to
comply with the requirements we have imposed within a reasonable
time.
SETOFF - We
may (without prior notice and when permitted by law) set off the
funds in this account against any due and payable debt you owe us
now or in the future, by any of you having the right of withdrawal,
to the extent of such persons' or legal entity's right to withdraw.
If the debt arises from a note, "any due and payable debt"
includes the total amount of which we are entitled to demand payment
under the terms of the note at the time we set off, including any
balance the due date for which we properly accelerate under the
note.
This right of setoff does not apply to this
account if: (a) it is an IRA or other tax-deferred retirement account,
or (b) the debt is created by a consumer credit transaction under
a credit card plan (but this does not affect our rights under any
consensual security interests, or (c) the debtor's right of withdrawal
only arises in a representative capacity. We will not be liable
for the dishonor of any check when the dishonor occurs because we
set off a debt against this account. You agree to hold us harmless
from any claim arising as a result of our exercise of our right
of setoff.
AUTHORIZED SIGNER (Individual
Accounts only) - A single individual is the owner. The authorized
signer is merely designated to conduct transactions on the owner's
behalf. We undertake no obligation to monitor transactions to determine
that they are on the owner's behalf.
RESTRICTIVE LEGENDS
- We are not required to honor any restrictive legend on checks
you write unless we have agreed in writing to the restriction. Examples
of restrictive legends are "must be presented within 90 days"
or "not valid for more than $1,000.00".
ACH AND WIRE TRANSFERS
- This agreement is subject to Article 4A of the Uniform Commercial
Code - Fund Transfers as adopted in the state in which you have
your account with us. If you originate a fund transfer for which
Fedwrite 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 financial 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. You agree to be bound by automated
clearing house association rules. These rules provide, among other
things, that payments made to you, or originated by you, are provisional
until final settlement is made through a Federal Reserve Bank or
payment is otherwise made as provided in Article 4A-403(a) of the
Uniform Commercial Code. If we do not receive such, we are entitled
to a refund from you in the amount credited to your account and
the party originating such payment will not be considered to have
paid the amount so credited. If we receive a credit to an account
you have with us by wire or ACH, we are not required to give you
any notice of the payment order or credit.
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