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This Agreement covers your and our rights and responsibilities
concerning Accounts and the rights and responsibilities
of the Credit Union providing this Agreement (Credit
Union). In this Agreement, the words “you”
and “yours” mean anyone who signs an Account
Card or Account Change Card (Account Card or any other
account opening document). The words “we,”
“us,” and “our” mean the Credit
Union. The word “account” means any one
or more share or other accounts you have with the Credit
Union.
Your account type(s) and ownership features are designated
on your Account Card. By signing an Account Card, each
of you, jointly and severally, agree to the terms and
conditions in this Agreement and Account Card, the Funds
Availability Policy Disclosure, Truth in Savings Disclosure,
Electronic Funds Transfer Agreement and Disclosure,
Privacy Notice Disclosure, and any Account Receipt accompanying
this Agreement, and the Credit Union’s Bylaws
and policies, and any amendments to these documents
from time to time which collectively govern your Membership
and Accounts.
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Membership Eligibility. To
join the Credit Union, you must meet the membership
requirements including the purchase and maintenance
of the minimum required share(s) (“membership
share”) as set forth in the Credit Union’s
Bylaws. You authorize us to check your account,
credit, and employment history, and obtain reports
form third parties, including credit reporting agencies,
to verify your eligibility for the accounts and
services you request.
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Individual Accounts.
An individual account is an account owned by one
member (individual, corporation, partnership, trust
or other organization) qualified for credit union
membership. If the account owner dies, the interest
passes, subject to applicable law, to the account
owner’s estate or Payable on Death (POD) beneficiary/payee
or trust beneficiary, subject to other provisions
of this Agreement governing our protection for honoring
transfer and withdrawal requests of an owner or
owner’s agent prior to notice of an owner’s
death and to any security interest or pledge granted
by the account owner and subject to our statutory
lien rights.
- Joint Accounts. An
account owned by two or more persons is a joint account.
a. Right of Survivorship.
Unless otherwise stated on the Account Card, a joint
account includes rights of survivorship. This means
when one owner dies, all sums in the account will
pass to the surviving owner(s). For a joint account
without rights of survivorship, the deceased owner’s
interest passes to his or her estate. A surviving
owner’s interest is subject to the Credit
Union’s statutory lien for the deceased owner’s
obligations, and to any security interest or pledge
granted by a deceased owner, even if a surviving
owner did not consent to it.
b. Control of Joint
Accounts. Any owner is authorized and deemed to
act for any other owner(s) and may instruct us regarding
transactions and other account matters. Each owner
guarantees the signature of any other owner(s).
Any owner may withdraw all funds, stop payment on
items, transfer, or pledge to us all or part of
the shares without the consent of the other owner(s).
We have no duty to notify any owner(s) about any
transaction. We reserve the right to require written
consent of all owners for any change to or termination
of an account. If we receive written notice of a
dispute between owners or inconsistent instructions
from them, we may suspend or terminate the account
and require a court order or written consent form
all owners to act.
c. Joint Account Owner
Liability. If a deposited item in a joint account
is returned unpaid, an account is overdrawn, or
if we do not receive final payment on a transaction,
the owners, jointly and severally, are liable to
us for the amount of the returned item, overdraft,
or unpaid amount and any charges, regardless of
who initiated or benefited from the transaction.
If any account owner is indebted to us, we may enforce
our rights against any account of an owner or all
funds in the joint account regardless of who contributed
the funds in the account.
- POD/Trust Account Designations.
A Payable on Death (POD) account or trust account
designation is an instruction to the Credit Union
that an individual or joint account so designated
is payable to the owner(s) during his, her or their
lifetimes and, when the last account owner dies, payable
to all and surviving POD or trust beneficiary/payee.
If there is more than one surviving beneficiary/payee,
the account is owned jointly by such beneficiaries/payees
without rights of survivorship upon the death of the
last account owner. Any POD or trust beneficiary/payee
designation shall not apply to Individual Retirement
Accounts (IRAs). We are not obligated to notify any
beneficiary/payee of the existence of any account
or the vesting of the beneficiary/payee’s interest
in any account, except as otherwise provided by law.
This paragraph does not apply to an account held on
behalf of or held in the name of a trust.
- Accounts for Minors.
We may require any account established by a minor
to be a joint account with an owner who has reached
the age of majority under state law and who shall
be jointly and severally liable to us for any returned
item, overdraft, or unpaid charges or amounts on such
account. We may pay funds directly to the minor without
regard to his or her minority. Unless a guardian or
parent is an account owner, the guardian or parent
shall not have any account access rights. We have
no duty to inquire about the use or purpose of any
transaction. We will not change the account status
when the minor reaches the age of majority, unless
authorized in writing by all account owners.
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Uniform Transfers/Gifts to
Minors Account. A Uniform Transfers/Gifts
to Minors Account (UTTMA/UGMA) is an individual
account created by a custodian who deposits funds
as an irrevocable gift to a minor. The minor to
whom the gift is made is the beneficiary of the
custodial property in the account. The custodian
has possession and control of the account for the
exclusive right and benefit of the minor and barring
a court order otherwise, is the only party entitled
to make deposits, withdrawals, or close the account.
We have no duty to inquire about the use or purpose
of any transaction. If the custodian dies, we may
suspend the account, until we receive instructions
from any person authorized by law to withdraw funds
or a court order authorizing withdrawal.
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Agency Designation on an Account.
An agency designation on an account is an instruction
to us that the owner authorizes another person to
make transactions as agent for the account owner
regarding the accounts designated. An agent has
no ownership interest in the account(s) or Credit
Union voting rights. We have no duty to inquire
about the use or purpose of any transaction made
by the agent.
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Deposit of Funds Requirements.
Funds may be deposited to any account, in
any manner approved by the Credit Union in accordance
with the requirements set forth in the Truth in
Savings Disclosure. Deposits made by mail, at night
depositories, or at unstaffed facilities are not
our responsibility until we receive them. We reserve
the right to refuse or to return any deposit.
a. Endorsements.
We may accept transfers, checks, drafts and other
items for deposit into any of your accounts if
they are made payable to, or to the order of,
one or more account owners even if they are not
endorsed by all payees. You authorize us to supply
missing endorsements of any owners if we choose.
If a check, draft or item that is payable to two
or more persons is ambiguous as to whether it
is payable to either or both, we may process the
check, draft or item as though it is payable to
either person. If an insurance, government, or
other check or draft requires an endorsement as
set forth on the back of the check or draft, we
may require endorsement as set forth on the item.
Endorsements must be made on the back of the share
draft or check within 1 ½ inches from the
top edge, although we may accept endorsements
from outside this space. However, any loss we
incur from a delay or processing error resulting
from an irregular endorsement or other markings
by you or any prior endorser will be your responsibility.
b. Collection of
Items. We act only as your agent and we are not
responsible for handling items for deposit or
collection beyond the exercise of ordinary care.
Deposits made by mail or at unstaffed facilities
are not our responsibility until we receive them.
We are not liable for the negligence of any correspondent
or for loss in transit, and each correspondent
will only be liable for its own negligence. We
may send any item for collection. Items drawn
on an institution located outside the United States
are handled on a collection basis only. You waive
any notice of nonpayment, dishonor, or protest
regarding items we purchase or receive for credit
or collection to your account. We reserve the
right to pursue collection of previously dishonored
items at any time, including giving a payor bank
extra time beyond any midnight deadline limits.
c. Final Payment.
All items or Automated Clearing House (ACH) transfers
credited to your account are provisional until
we receive final payment. If final payment is
not received, we may charge your account for the
amount of such items or ACH transfers and impose
a return item charge on your account. Any collection
fees we incur may be charged to your account.
We reserve the right to refuse or return any item
or funds transfer.
d. Direct Deposits.
We may offer preauthorized deposits (e.g., payroll
checks, Social Security or retirement checks,
or other government checks) or preauthorized transfers
from other accounts. You must authorize direct
deposits or preauthorized transfers by filling
out a separate form. You must notify us at least
thirty (30) days in advance to cancel or change
a direct deposit or transfer option. If your account
is overdrawn, you authorize us to deduct the amount
your account is overdrawn, from any deposit, including
deposits of government payments or benefits. Upon
a bankruptcy filing, unless you cancel an authorization,
we will continue applying payments from direct
deposits in accordance with your authorization
on file with us. 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.
e. Crediting of Deposits.
Deposits made after the deposit cutoff time and
deposits made on either holidays or days that
are not our business days will be credited to
your account on the next business day.
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Account Access.
a. Authorized Signature.
Your signature on the Account card authorizes
your account access. We will not be liable for
refusing to honor any item or instruction if we
believe the signature is not genuine. If you have
authorized the use of a facsimile signature, we
may honor any draft that appears to bear your
facsimile signature even if it was made by an
unauthorized person. You authorize us to honor
transactions initiated by a third person to whom
you have given your account number even if you
do not authorize a particular transaction.
b. Access Options.
You may withdraw or transfer funds from your account(s)
in any manner we permit (e.g., at an automatic
teller machine, in person, by mail, Internet access,
automatic transfer, or telephone, as applicable).
We may return as unpaid any draft drawn on a form
we do not provide, and you are responsible for
any loss we incur handling such a draft. We have
the right to review and approve any form of power
of attorney and may restrict account withdrawals
or transfers. We are under no obligation to honor
any power of attorney.
c. ACH & Wire
Transfers. If we provide the service, you may
initiate or receive credits or debits to your
account through wire or ACH transfer. You agree
that if you receive funds by a wire or ACH transfer,
we are not required to notify you at the time
the funds are received. Instead, the transfer
will be shown on your periodic statement. We may
provisionally credit your account for an ACH transfer
before we receive final settlement. We may reverse
the provisional credit or you will refund us the
amount if we do not receive final settlement.
When you initiate a wire transfer, you may identify
either the recipient or any financial institution
by name and by account or identifying number.
The Credit Union (and other institutions) may
rely on the account or other identifying number
as the proper identification even if it identifies
a different party or institution.
d. Credit Union Examination.
We may disregard information on any draft or check,
other than the signature of the drawer, the amount
and any magnetic encoding. You agree we do not
fail to exercise ordinary care in paying an item
solely because our procedures do not provide for
sight examination of items.
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ACH & Wire Transfers.
Except as amended by this Agreement, electronic
funds transfers we permit that are subject to Article
4A of the Uniform Commercial Code will be subject
to such provisions of the Uniform Commercial Code
as enacted by the state where the main office of
the credit union is located. We may execute certain
requests for electronic funds transfers by Fedwire.
Fedwire transactions are subject to Federal Reserve
Board Regulation J. You may order electronic funds
transfers to or from your account. We will debit
your account for the amount of an electronic funds
transfer and will charge your account for any fees
related to the transfer. Unless we agree otherwise
in writing, we reserve the right to refuse to execute
any order to transfer funds out of your account
if the amount of the requested transfer plus applicable
fees exceeds the available funds in your account.
We are not liable for errors, delays, interruptions,
or transmission failures caused by third parties
or circumstance beyond our control including mechanical,
electronic or equipment failure. We will not provide
you with next day notice of ACH, wire transfers
and other electronic payments credited to your account.
You will receive notice of such credits on your
account statements. You may contract us to determine
whether a payment has been received. If we are required
by law to pay you interest, we will pay you interest
based on the lowest normal dividend or interest
rate we paid on any accounts during the period for
which we owe you interest. Payment orders we accept
will be executed within a reasonable time of receipt.
A payment order may not necessarily be executed
on the date it is received. Cut-off times may apply
to the receipt, execution and processing of funds
transfers, payment orders, cancellations, and amendments
and if received after a cut-off time, may be treated
as having been received on the next following funds
transfer business day. Information about any cut-off
times is available upon request. When you initiate
a wire transfer, you may identify the recipient
and any financial institution by name and by account
or identifying number. The credit union and any
other financial institutions facilitating the transfer
may rely strictly on the account or financial institution.
An account owner may amend or cancel a payment order
even if that person did not initiate the order.
We may refuse requests to amend or cancel a payment
order that we believe will expose the credit union
to liability or loss. Any request to amend or cancel
a payment order that we accept will be processed
within a reasonable time after it is received. You
agree to hold us harmless from and indemnify us
for all losses and expenses resulting from an actual
or attempted amendment or cancellation of a payment
order. We may require you to follow a security procedure
to execute a payment order or certain electronic
funds transfer transactions. We will notify you
of any such security procedures and you agree that
our security procedures are commercially reasonable.
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Account Rates and Fees.
We pay account earnings and assess fees against
your account as set forth in the Truth in Savings
Disclosure. We may change the Truth in Savings Disclosure
at any time and we will notify you as required by
law.
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Transaction Limitations.
a. Withdrawal Restrictions.
We will pay checks or drafts, permit withdrawals
and make transfers from your account from available
funds in your account. The availability of funds
in your account may be delayed as described in
our Funds Availability Policy Disclosure. We may
also pay checks, drafts, permit withdrawals and
make transfers from your account from insufficient
funds if you have established an overdraft protection
plan or, if you do not have a plan with us, according
to our overdraft payment policy.
We may refuse to allow a withdrawal in some situations,
and will advise you accordingly; for example:
(1) a dispute between account owners (unless a
court has ordered the Credit Union to allow the
withdrawal); (2) a legal garnishment or attachment
is served; (3) the account secures any obligation
to us; (4) required documentation has not been
presented; (5) you fail to repay a Credit Union
loan on time. We may require you to give written
notice of seven (7) days to sixty (60) days before
any intended withdrawals.
b. Transfer Limitations.
We may limit the dollar amount of the number of
transfers from your account. Please consult your
Truth-in-Savings Disclosure or your Electronic
Funds Transfer Agreement and Disclosure.
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Certificate Accounts. Any
time deposit, term share, share certificate, or
certificate of deposit account allowed by state
law (Certificate Account), whichever we offer, is
subject to the terms of this Agreement, Truth in
Savings Disclosure and Account Deposit Receipt for
each account the terms of which are incorporated
herein by reference.
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Overdrafts.
a. Payment of Overdrafts.
If on any day, the funds in your share account
are not sufficient to pay the full amount of a
check, draft, item, transaction or other items
posted to your account plus any applicable fee
(“Overdraft”), we may pay or return
the Overdraft. The Credit Union’s determination
of an insufficient account balance may be made
at any time between presentation and the Credit
Union’s midnight deadline with only one
review of the account required. We do not have
to notify you if your account does not have sufficient
available funds to pay an Overdraft. Your account
may be subject to a charge for each Overdraft
regardless of whether we pay or return the Overdraft.
Except as otherwise agreed in writing, if we exercise
our right to use our discretion to pay an Overdraft,
we do not agree to pay Overdrafts in the future
and may discontinue covering Overdrafts at any
time without notice. If we pay an Overdraft or
impose a fee that overdraws your account, you
agree to pay the overdrawn amount in accordance
with our overdraft protection plan or, if you
do not have such a plan, in accordance with our
overdraft policy.
b. Order of Payment.
Checks, drafts, items and other transactions may
be processed in the order that you make them or
in the order that we receive them. We may, at
our discretion, pay a check, draft or item and
execute other transactions on your account in
any order we choose. The order in which we process
checks, drafts and items and execute other transactions
on your account may affect the total amount of
overdraft fees that may be charged to your account.
Please contact us if you have questions about
how we pay checks and drafts and process transfers
and withdrawals.
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Postdated and Staledated Drafts.
You agree not to issue any check or draft that is
postdated. If you do issue a check or draft that
is payable on a future date and we pay it before
that date, you agree that we shall have no liability
to you for payment. You agree not to deposit checks,
drafts, or other items before they are properly
payable. We are not obligated to pay any check or
draft drawn on your account which is presented more
than six (6) months past its date.
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Stop Payment Orders.
a. Stop Payment Order
Request. Any owner may request a stop payment
order on any check or draft drawn on the owner’s
account. To be binding the order must be in writing,
dated, signed and must accurately describe the
check or draft including the exact account number,
check or draft number and the exact amount of
the check or draft. This exact information is
necessary for the Credit Union’s computer
to identify the check or draft. In addition, we
must receive sufficient advance notice of the
stop payment order to allow us a reasonable opportunity
for us to act on it. If we recredit your account
after paying a check or draft over a valid and
timely stop payment order, you agree to sign a
statement describing the dispute with the payee,
to assign to us all of your rights against the
payee or other holders of the check or draft and
to assist us in any legal action.
b. Duration of Order.
You may make an oral stop payment order which
will lapse within fourteen (14) calendar days
unless confirmed in writing within that time.
Stop payment orders are effective for six (6)
months and may be renewed in additional six (6)
month periods by requesting in writing that the
stop payment order be renewed within a period
which the stop payment order is effective. We
are not required to notify you when a stop payment
order expires.
c. Liability. Fees
for stop payment orders are set forth in the Truth
in Savings Disclosure. You may not stop payment
on any certified check, cashier’s check,
teller’s check, or any other check, draft,
or payment guaranteed by us. Although payment
of an item may be stopped, you may remain liable
to any item holder, including us. You agree to
indemnify and hold the Credit Union harmless from
all costs, including attorney’s fees, damages
or claims of any joint account owner, payee, or
endorsee in failing to stop payment of an item
as a result of incorrect information provided
by you.
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Credit Union 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: (1) your account contains insufficient
funds 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 exercise ordinary care
if our actions or nonactions are consistent with
applicable state law, Federal Reserve regulations
and operating letters, clearinghouse rules, and
general banking 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 terms of this Account Agreement.
Any conflict between what you or our employees may
say or write will be resolved by reference to this
Agreement.
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Checks Presented for Payment
in Person. We may refuse to accept any check
or draft drawn on your account that is presented
for payment in person. Such refusal shall not constitute
a wrongful dishonor of the check or draft and we
shall have no liability for refusing payment.
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Pledge/Statutory Lien.Unless
prohibited by law, you pledge and grant as security
for all obligations you may have now or in the future,
except obligations secured by your principal residence,
all shares and dividends and all deposits and interest,
if any, in all accounts you have with us now and
in the future. If you pledge a specific dollar amount
in your account for a loan, we will freeze the funds
in your account(s) to the extent of the outstanding
balance of the loan or, if greater, the amount of
the pledge if the loan is a revolving loan. Otherwise,
funds in your pledged account(s) may be withdrawn
unless you are in default. Federal or state law,
depending on whether we have a federal or state
charter, gives us a lien on all shares and dividends
and all deposits and interest, if any, in accounts
you have with us now and in the future. Except as
limited by state and federal law, the statutory
lien gives us the right to apply the balance of
all your accounts to any obligations on which you
are in default. After you are in default, we may
exercise our statutory lien rights without further
notice to you.
Your pledge and our statutory lien rights will
allow us to apply the funds in your account to what
you owe when you are in default, except as limited
by state or federal law. If we do not apply the
funds in your account(s) to satisfy your obligation,
we may place an administrative freeze on your account(s)
in order to protect our statutory lien rights and
may apply the funds in your account(s) to the amount
you owe us at a later time. The statutory lien and
your pledge does not apply to any Individual Retirement
Account (IRA) or any other account that would lose
special tax treatment under state or federal law
if given as security. By not enforcing our right
to apply funds in your account to your obligations
that are in default, we do not waive our right to
enforce these rights at a later time.
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Legal Process. If any
legal action is brought against your account, we
may pay out funds according to the terms of the
action or refuse any payout until the dispute is
resolved. Any expenses or attorney fees we incur
responding to legal process may be charged against
your account without notice, unless prohibited by
law. Any legal process against your account is subject
to our lien and security interest.
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Account Information. Upon
request, we will give you the name and address of
each agency from which we obtain a credit report
regarding your account. We agree not to disclose
account information to third parties except when:
(1) it is necessary to complete a transaction; (2)
the third party seeks to verify the existence or
condition of your account in accordance with applicable
law; (3) such disclosure complies with the law or
a government agency or court order; or (4) you give
us written permission.
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Notices.
a. Name or Address
Changes. You are responsible for notifying us
of any address or name change. The Credit Union
is only required to attempt to communicate with
you at the most recent address you have provided
to us. We may require all names and address changes
to be provided in writing. If we attempt to locate
you, we may impose a service fee as set forth
in the Truth-in-Savings Disclosure.
b. Notice of Amendments.
Except as prohibited by applicable law, we may
change the terms of this Agreement. We will notify
you of any changes in terms, rates, or fees as
required by law. We reserve the right to waive
any term in this Agreement. Any such waiver shall
not affect our right to future enforcement.
c. Effect of Notice.
Any written notice you give us is effective when
we receive it. Any written notice we give to you
is effective when it is deposited in the U.S.
Mail, postage prepaid and addressed to you at
your statement mailing address. Notice to any
account owner is considered notice to all account
owners.
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Taxpayer Identification Numbers
and Backup Withholding. Your failure to
furnish a correct Taxpayer Identification Number
(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 (IRS) a percentage of dividends,
interest and certain other payments. If you fail
to provide your TIN, we may suspend opening your
account.
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Statements.
a. Contents. If we
provide a periodic statement for your account,
you will receive a periodic statement of transactions
and activity on your account during the statement
period as required by applicable law. If a periodic
statement is provided, you agree that only one
statement is necessary for joint accounts. For
share draft or checking accounts, you understand
and agree that your original check or draft, when
paid, becomes property of the Credit Union and
may not be returned to you, but copies may be
retained by us or payable through financial institutions
and made available upon your request. You understand
and agree that statements are made available to
you on the date they are sent to you. You also
understand and agree that checks, drafts or copies
thereof are made available to you on the date
the statement is sent to you, even if the checks
or drafts do not accompany the statement.
b. Examination. You
are responsible for promptly examining each statement
upon receiving it and reporting any irregularities
to us. If you fail to report any irregularities
such as forged, altered unauthorized, unsigned,
or otherwise fraudulent items drawn on your account,
erroneous payments or transactions, or other discrepancies
reflected on your statement within a reasonable
time of receiving your statement, we will not
be responsible for your loss. In addition, we
will not be responsible for any such items, payments,
transactions, or other discrepancies reflected
on your statement if you fail to notify us within
thirty-three (33) days of the mailing date of
the statement. We also will not be liable for
any items that are forged or altered in a manner
not detectable by a reasonable person, including
the unauthorized use of a facsimile signature
machine.
c. Notice to Credit
Union. You agree that
the Credit Union’s retention of checks or
drafts does not alter or waive your responsibility
to examine your statements or the time limit for
notifying us of any errors. The Statement will
be considered correct for all purposes and we
will not be liable for any payment made or charge
to your account unless you notify us in writing
within the above time limit for notifying us of
any errors. If you fail to receive a periodic
statement you agree to notify us within fourteen
(14) days of the time you regularly received a
statement.
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Inactive Accounts. If
your account falls below any applicable minimum
balance and you have not made any transactions over
a period specified in the Truth in Savings Disclosure
during which we have been unable to contact you
by regular mail, we may classify your account as
inactive or dormant. Unless prohibited by applicable
law, we may charge a service fee set forth in the
Truth in Savings Disclosure for processing your
inactive account. If we impose a fee, we will notify
you, as required by law, at your last known address.
You authorize us to transfer funds from another
account of yours to cover any service fees, if applicable.
To the extent allowed by law, we reserve the right
to transfer the account funds to an account payable
and to suspend any further account statement. If
a deposit or withdrawal has not been made on the
account and we have had no other sufficient contact
with you within the period specified by state law,
the account will be presumed to be abandoned. Funds
in abandoned accounts will be reported and remitted
in accordance with state law. Once funds have been
turned over to the state, we have no further liability
to you for such funds and if you choose to reclaim
such funds, you must apply to the appropriate state
agency.
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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 post a bond or provide us
with other protection. Account changes requested
by you, or any account owner, such as adding or
closing account or service, must be evidenced by
a signed Account Change form and accepted by us.
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Termination of Account. We
may terminate your account at any time without notice
to you or may require you to close your account
and apply for a new account if: (1) there is a change
in owners or authorized signers; (2) there has been
a forgery or fraud reported or committed involving
your account; (3) there is a dispute as to the ownership
of the account or of the funds in the account; (4)
any checks or drafts are lost or stolen; (5) there
are excessive returned unpaid items not covered
by an overdraft protection plan; (6) there has been
any misrepresentation or any other abuse of any
of your accounts; or (7) we reasonably deem it necessary
to prevent a loss to us. You may terminate an individual
account by giving written notice. We reserve the
right to require the consent of all owners to terminate
a joint account. We are not responsible for payment
of any draft, withdrawal, or other item after your
account is terminated, however, if we pay an item
after termination, you agree to reimburse us.
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Termination of Membership.
You may terminate your membership by giving
us written notice or by withdrawing your minimum
required membership share, if any, and closing all
your accounts. You may be denied services for causing
a loss to the Credit Union or you may be expelled
for any reason as allowed by applicable law.
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Death of Account Owner.
We may continue to honor all transfer orders, withdrawals,
deposits and other transactions on an account until
we know of a member’s death. Once we know
of a member’s death, we may pay drafts or
honor other payments or transfer orders authorized
by the deceased member for a period of ten (10)
days after that date unless we receive instructions
from any person claiming an interest in the account
to stop payment on the drafts or other items. We
may require anyone claiming a deceased owner’s
account funds to indemnify us for any losses resulting
from our honoring that claim. This Agreement will
be binding upon any heirs or legal representatives
of any account owner.
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Severability. If a
court holds any portion of this Agreement to be
invalid or unenforceable, the remainder of this
Agreement shall not be invalid or unenforceable
and will continue in full force and effect. All
headings are intended for reference only and are
not to be construed as part of the Agreement.
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Enforcement. You are
liable to us for any loss, cost or expense we incur
resulting from your failure to follow this Agreement.
You authorize us to deduct any such loss, 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.
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Governing Law. This
Agreement is governed by the Credit Union’s
Bylaws, federal laws and regulations, the laws,
including applicable principles of contract law,
and regulations of the state in which the Credit
Union’s main office is located, and local
clearinghouse rules, as amended from time to time.
As permitted by applicable law, you agree with any
legal action regarding this Agreement shall be brought
in the county in which the Credit Union is located.
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Negative Information Notice.
We may report information about your loan,
share or deposit accounts to credit bureaus. Late
payments, missed payments, or other defaults on
your accounts may be reflected in your credit report.
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