Terms and Conditions of Your Account

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A
NEW ACCOUNT - To help the government fight the funding of terrorism and
money laundering activities, federal law requires all financial institutions to
obtain, verify, and record information that identifies each person who opens
an account.
What this means for you: When you open an account, we will ask for your
name, address, date of birth, and other information that will allow us to identify
you. We may also ask to see your driver's license or other identifying
documents.
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 and retain it for future
reference. If you sign the signature card or open or continue to use the
account, you agree to these rules. You will receive a separate schedule of
rates, 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, the laws of the state of
Mississippi and other applicable rules such as the operating letters of the
Federal Reserve Banks and payment processing system rules (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:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not
regulate;
(3) establish rules for certain transactions or events which the law regulates
but permits variation by agreement; and
(4) 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. However, this agreement does not intend, and the
terms “you” and “your” should not be interpreted, to expand an individual’s
responsibility for an organization’s liability. If this account is owned by a
corporation, partnership or other organization, individual liability is determined
by the laws generally applicable to that type of organization. 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, without notice
to you, 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.
You will be liable for our costs as well as for our reasonable attorneys’ fees, to
the extent permitted by law, whether incurred as a result of collection or in any
other dispute involving your account. This includes, but is not limited to,
disputes between you and another joint owner; you and an authorized signer
or similar party; or a third party claiming an interest in your account. This also
includes any action that you or a third party takes regarding the account that
causes us, in good faith, to seek the advice of an attorney, whether or not we
become involved in the dispute. All costs and attorneys’ fees can be deducted
from your account when they are incurred, without notice to you.
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”).
Before settlement of any item becomes final, we act only as your agent,
regardless of the form of indorsement or lack of indorsement on the item and
even though we provide you provisional credit for the item. We may reverse
any provisional credit for items that are lost, stolen, or returned. 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 business day that we are open. At our option, we
may take an item for collection rather than for deposit. If we accept a thirdparty
check for deposit, we may require any third-party indorsers to verify or
guarantee their indorsements, or indorse in our presence.
WITHDRAWALS -
Generally - Unless clearly indicated otherwise on the account records, any of
you, acting alone, who signs to open the account or has authority to make
withdrawals 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 who signs or has authority to make withdrawals
to indorse any item payable to you or your order for deposit to this account or
any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than
the date on which the check is written. We may properly pay and charge your
account for a postdated 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. Because we process checks
mechanically, your notice will not be effective and we will not be liable for
failing to honor your notice unless it precisely identifies the number, date,
amount and payee of the item.
Checks and withdrawal rules - If you do not purchase your check blanks
from us, you must be certain that we approve the check blanks you
purchase. We may refuse any withdrawal or transfer request which you
attempt on forms not approved by us or by any method we do not specifically
permit. We may refuse any withdrawal or transfer request which is greater in
number than the frequency permitted, or which is for an amount greater or
less than any withdrawal limitations. We will use the date the transaction is
completed by us (as opposed to the date you initiate it) to apply the
frequency limitations. In addition, we may place limitations on the account
until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later.
If you violate the stated transaction limitations (if any), in our discretion we
may close your account or reclassify it as a transaction account. If we
reclassify your account, your account will be subject to the fees and earnings
rules of the new account classification.
If we are presented with an item drawn against your account that would be a
“substitute check,” as defined by law, but for an error or defect in the item
introduced in the substitute check creation process, you agree that we may
pay such item.
See the funds availability policy disclosure for information about when you can
withdraw funds you deposit. For those accounts to 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 determine the
amount of available funds in your account for the purpose of deciding whether
to return an item for insufficient funds at any time between the time we receive
the item and when we return the item or send a notice in lieu of return. We
need only make one determination, but if we choose to make a subsequent
determination, the account balance at the subsequent time will determine
whether there are insufficient available funds.
Overdrafts - You understand that we may, at our discretion, honor withdrawal
requests that overdraw your account. However, the fact that we may honor
withdrawal requests that overdraw the account balance does not obligate us
to do so later. So you can NOT rely on us to pay overdrafts on your account
regardless of how frequently or under what circumstances we have paid
overdrafts on your account in the past. We can change our practice of paying
overdrafts on your account without notice to you. You can ask us if we have
other account services that might be available to you where we commit to
paying overdrafts under certain circumstances, such as an overdraft
protection line-of-credit or a plan to sweep funds from another account you
have with us. You agree that we may charge fees for overdrafts, except for
overdrafts caused by ATM withdrawals or one-time debit card transactions if
you have not opted-in to that service. We may use subsequent deposits,
including direct deposits of social security or other government benefits, to
cover such overdrafts and overdraft fees.
Multiple signatures, electronic check conversion, and similar
transactions - An electronic check conversion transaction is a transaction
where a check or similar item is converted into an electronic fund transfer as
defined in the Electronic Fund Transfers regulation. In these types of
transactions the check or similar item is either removed from circulation
(truncated) or given back to you. As a result, we have no opportunity to review
the check to examine the signatures on the item. You agree that, as to these
or any items as to which we have no opportunity to examine the signatures,
you waive any requirement of multiple signatures.
Notice of withdrawal - We reserve the right to require not less than 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. (The law requires us to reserve this right, but it is not our
general policy to use it.) 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.
BUSINESS, ORGANIZATION AND ASSOCIATION 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. You represent that you
have the authority to open and conduct business on this account on behalf of
the entity. We may require the governing body of the 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 entity.
STOP PAYMENTS - Unless otherwise provided, the rules in this section cover
stopping payment of items such as checks and drafts. Rules for stopping
payment of other types of transfers of funds, such as consumer electronic
fund transfers, may be established by law or our policy. If we have not
disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you.
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. Because stop-payment orders are
handled by computers, 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. Generally, if your stop-payment order is given to us in writing it
is effective for six months. Your order will lapse after that time if you do not
renew the order in writing before the end of the six-month period. If the
original stop-payment order was verbal your stop-payment order will lapse
after 14 calendar days if you do not confirm your order in writing within that
time period. We are not obligated to notify you when a stop-payment order
expires. A release of the stop-payment request may be made only by the
person who initiated the stop-payment order.
If you stop payment on an item and we incur any damages or expenses
because of the stop payment, you agree to indemnify us for those damages or
expenses, including attorneys’ fees. You assign to us all rights against the
payee or any other holder of the item. You agree to cooperate with us in any
legal actions that we may take against such persons. You should be aware
that anyone holding the item may be entitled to enforce payment against you
despite 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
in the Truth-in-Savings disclosure or in another document. 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. Items presented
for payment after the account is closed may be dishonored. When you close
your account, you are responsible for leaving enough money in the account to
cover any outstanding items to be paid from the account. Reasonable notice
depends on the circumstances, and in some cases such as when we cannot
verify your identity or we suspect fraud, it might be reasonable for us to give
you notice after the change or account closure becomes effective. For
instance, if we suspect fraudulent activity with respect to your account, we
might immediately freeze or close your account and then give you notice. You
agree to keep us informed of your current address at all times. Notice from us
to any one of you is notice to all of you. If we have notified you of a change in
any term of your account and you continue to have your account after the
effective date of the change, you have agreed to the new term(s).
STATEMENTS - Your duty to report unauthorized signatures, alterations
and forgeries - 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 or forgeries 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.
Your duty to report other errors - In addition to your duty to review your
statements for unauthorized signatures, alterations and forgeries, you agree
to examine your statement with reasonable promptness for any other error -
such as an encoding error. You agree that the time you have to examine your
statement and report to us will depend on the circumstances. However, such
time period shall not exceed 60 days. Failure to examine your statement and
report any such errors to us within 60 days of when we first send or make the
statement available precludes you from asserting a claim against us for any
such errors on items identified in that statement and as between you and us
the loss will be entirely yours.
Errors relating to electronic fund transfers or substitute checks - For
information on errors relating to electronic fund transfers (e.g., computer, debit
card or ATM transactions) refer to your Electronic Fund Transfers disclosure
and the sections on consumer liability and error resolution. For information on
errors relating to a substitute check you received, refer to your disclosure
entitled Substitute Checks and Your Rights.
ACCOUNT TRANSFER - This account may not be transferred or assigned
without our prior written consent.
DIRECT DEPOSITS - If we are required for any reason to reimburse the
federal government for all or any portion of a benefit payment that was directly
deposited into your account, 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.
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 prohibited by law. For
example, the right of setoff does not apply to this account if: (a) it is an
Individual Retirement Account or similar tax-deferred 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 interest), 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.
RESTRICTIVE LEGENDS - The automated processing of the large volume of
checks we receive prevents us from inspecting or looking for special
instructions or “restrictive legends” on every check. Examples of restrictive
legends placed on checks are “must be presented within 90 days” or “not valid
for more than $1,000.00.” For this reason, we are not required to honor any
restrictive legend placed on checks you write unless we have agreed in writing
to the restriction. We are not responsible for any losses, claims, damages, or
expenses that result from your placement of these or other special instructions
on your checks.
PAYMENT ORDER OF ITEMS - The law permits us to pay items (such as
checks or drafts) drawn on your account in any order. To assist you in
handling your account with us, we are providing you with the following
information regarding how we process the items that you write. When
processing items drawn on your account, our policy is to pay them according
to the dollar amount. We pay the smallest items first. The order in which items
are paid is important if there is not enough money in your account to pay all of
the items that are presented. Our payment policy minimizes the number of
items that may result in an overdraft or NSF fee. If an item is presented
without sufficient funds in your account to pay it, we may, at our discretion,
pay the item (creating an overdraft) or return the item (NSF). The amounts of
the overdraft and NSF fees are disclosed elsewhere. We encourage you to
make careful records and practice good account management. This will help
you to avoid writing checks or drafts without sufficient funds and incurring the
resulting fees.
FACSIMILE SIGNATURES - Unless you make advance arrangements with
us, we have no obligation to honor facsimile signatures on your checks or
other orders. If we do agree to honor items containing facsimile signatures,
you authorize us, at any time, to charge you for all checks, drafts, or other
orders, for the payment of money, that are drawn on us. You give us this
authority regardless of by whom or by what means the facsimile signature(s)
may have been affixed so long as they resemble the facsimile signature
specimen filed with us, and contain the required number of signatures for this
purpose. You must notify us at once if you suspect that your facsimile
signature is being or has been misused.
CHECK PROCESSING - We process items mechanically by relying solely on
the information encoded in magnetic ink along the bottom of the items. This
means that we do not individually examine all of your items to determine if the
item is properly completed, signed and indorsed or to determine if it contains
any information other than what is encoded in magnetic ink. You agree that
we have not failed to exercise ordinary care solely because we use our
automated system to process items and do not inspect all items processed in
such a manner. Using an automated process helps us keep costs down for
you and all account holders.
CHECK CASHING - We may charge a fee for anyone that does not have an
account with us who is cashing a check, draft or other instrument written on
your account. We may also require reasonable identification to cash such a
check, draft or other instrument. We can decide what identification is
reasonable under the circumstances and such identification may be
documentary or physical and may include collecting a thumbprint or fingerprint.
INDORSEMENTS - We may accept for deposit any item payable to you or
your order, even if they are not indorsed by you. We may give cash back to
any one of you. We may supply any missing indorsement(s) for any item we
accept for deposit or collection, and you warrant that all indorsements are
genuine.
To ensure that your check or share draft is processed without delay, you must
indorse it (sign it on the back) in a specific area. Your entire indorsement
(whether a signature or a stamp) along with any other indorsement
information (e.g. additional indorsements, ID information, driver’s license
number, etc.) must fall within 11/2” of the “trailing edge” of a check.
Indorsements must be made in blue or black ink, so that they are readable.
As you look at the front of a check, the “trailing edge” is the left edge. When
you flip the check over, be sure to keep all indorsement information within
11/2” of that edge.
It is important that you confine the indorsement information to this area since
the remaining blank space will be used by others in the processing of the
check to place additional needed indorsements and information. You agree
that you will indemnify, defend, and hold us harmless for any loss, liability,
damage or expense that occurs because your indorsement, another
indorsement or information you have printed on the back of the check
obscures our indorsement.
These indorsement guidelines apply to both personal and business checks.
DEATH OR INCOMPETENCE - You agree to notify us promptly if any person
with a right to withdraw funds from your account(s) dies or becomes legally
incompetent. We may continue to honor your checks, items, and instructions
until: (a) we know of your death or incompetence, and (b) we have had a
reasonable opportunity to act on that knowledge. You agree that we may pay
or certify checks drawn on or before the date of death or legal incompetence
for up to ten (10) days after your death or legal incompetence unless ordered
to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a
fiduciary capacity. A fiduciary is someone who is appointed to act on behalf
of and for the benefit of another. This account may be opened and
maintained by a person or persons named as a trustee under a written trust
agreement, or as executors, administrators, or conservators under court
orders. You understand that by merely opening such an account, we are not
acting in the capacity of a trustee in connection with the trust nor do we
undertake any obligation to monitor or enforce the terms of the trust or
letters.
CREDIT VERIFICATION - You agree that we may verify credit and
employment history by any necessary means, including preparation of a credit
report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a
subpoena, restraining order, writ of attachment or execution, levy,
garnishment, search warrant, or similar order relating to your account (termed
“legal action” in this section), we will comply with that legal action. Or, in our
discretion, we may freeze the assets in the account and not allow any
payments out of the account until a final court determination regarding the
legal action. We may do these things even if the legal action involves less
than all of you. In these cases, we will not have any liability to you if there are
insufficient funds to pay your items because we have withdrawn funds from
your account or in any way restricted access to your funds in accordance with
the legal action. Any fees or expenses we incur in responding to any legal
action (including, without limitation, attorneys’ fees and our internal expenses)
may be charged against your account. The list of fees applicable to your
account(s) provided elsewhere may specify additional fees that we may
charge for certain legal actions.
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 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. If you provide your account number in response to a telephone
solicitation for the purpose of making a transfer (to purchase a service or
merchandise, for example), payment can be made from your account even
though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at
once if you believe your checks have been lost or stolen. As between you and
us, if you are negligent in safeguarding your checks, you must bear the loss
entirely yourself or share the loss with us (we may have to share some of the
loss if we failed to use ordinary care and if we substantially contributed to the
loss).
You agree that if we offer you services appropriate for your account to help
identify and limit fraud or other unauthorized transactions against your
account, such as positive pay or commercially reasonable security
procedures, and you reject those services, you will be responsible for any
fraudulent or unauthorized transactions which could have been prevented by
the services we offered, unless we acted in bad faith or to the extent our
negligence contributed to the loss.
TELEPHONIC INSTRUCTIONS - Unless required by law or we have agreed
otherwise in writing, we are not required to act upon instructions you give us
via facsimile transmission or leave by voice mail or on a telephone answering
machine.
CLAIM OF LOSS - If you claim a credit or refund because of a forgery,
alteration, or any other unauthorized withdrawal, you agree to cooperate with
us in the investigation of the loss, including giving us an affidavit containing
whatever reasonable information we require concerning your account, the
transaction, and the circumstances surrounding the loss. You will notify law
enforcement authorities of any criminal act related to the claim of lost,
missing, or stolen checks or unauthorized withdrawals. We will have a
reasonable period of time to investigate the facts and circumstances
surrounding any claim of loss. Unless we have acted in bad faith, we will not
be liable for special or consequential damages, including loss of profits or
opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss
against anyone who is obligated to repay, insure, or otherwise reimburse you
for your loss. You will pursue your rights or, at our option, assign them to us
so that we may pursue them. Our liability will be reduced by the amount you
recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We
may impose early withdrawal penalties on a withdrawal from a time account
even if you don’t initiate the withdrawal. For instance, the early withdrawal
penalty may be imposed if the withdrawal is caused by our setoff against
funds in the account or as a result of an attachment or other legal process.
We may close your account and impose the early withdrawal penalty on the
entire account balance in the event of a partial early withdrawal. See your
notice of penalty for early withdrawals for additional information.
ADDRESS OR NAME CHANGES - You are responsible for notifying us of
any change in your address or your name. Unless we agree otherwise,
change of address or name must be made in writing by at least one of the
account holders. Informing us of your address or name change on a check
reorder form is not sufficient. We will attempt to communicate with you only by
use of the most recent address you have provided to us. If provided
elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES - We may place an administrative hold
on the funds in your account (refuse payment or withdrawal of the funds) if it
becomes subject to a claim adverse to (1) your own interest; (2) others
claiming an interest as survivors or beneficiaries of your account; or (3) a
claim arising by operation of law. The hold may be placed for such period of
time as we believe reasonably necessary to allow a legal proceeding to
determine the merits of the claim or until we receive evidence satisfactory to
us that the dispute has been resolved. We will not be liable for any items that
are dishonored as a consequence of placing a hold on funds in your account
for these reasons.
WAIVER OF NOTICES - You waive any notice of non-payment, dishonor or
protest regarding any items credited to or charged against your account.
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 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 payment, 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 payment order to credit 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.