Microsoft Word Deposit Account Terms and Conditions Combined NY & PA 1 31


1 TERMS AND CONDITIONS – ACCOUNT AGREEMENT not responsible for transactions initiated by mail or outside depository boxes until we actually record them and all deposits These terms, together with any applicable AGREEMENT – are subject to later verification, count and adjustment by us. All rules and Bank policies, all of which may be amended from time transactions received on a day in which we are not open for to time, govern the operation of your account unless modified or business, will be treated and recorded as if initiated on the supplemented in writing. By signing the signature card when following business day that we are open. opening an account and through the continued use of the WITHDRAWALS – Unless otherwise clearly indicated on the account, you agree to be bound by the terms and conditions set account records, any one of you who signs this Agreement forth herein and any and all applicable rules and Bank policies (including current and subsequently authorized signers) may as may be amended from time to time. As used in this form, the rt of the account balance at any withdraw or transfer all or any pa ean the Bank and the words “you” words “we,” “our,” or “us” m time on forms approved by us. Each of you (until we receive or “your” mean the account holder(s). Notice from us to any written notice to the contrary) authorizes each other person one of you is notice to all of you. This account may not be signing this Agreement to endorse any item payable to you or transferred or assigned withou t our prior written consent. your order for deposit to this account or any other transaction Much of our relationship with our APPLICABLE LAWS – honor withdrawal requests which with us. The fact that we may deposit customers is regulated by state and federal law, overdraw the finally collected acc ount balance does not obligate including the law regarding negotiable instruments, the law us to do so, unless required by law. Withdrawals will first be regulating the methods of transferring property upon death and made from collected funds, and we may, unless prohibited by the rights of surviving spouses and dependents, the law est against uncollected funds, law, refuse any withdrawal requ pertaining to estate and other succession taxes, the law even if our general practice is to the contrary. We reserve the regarding electronic funds transfer, and the law regarding the or transfer request which is right to refuse any withdrawal availability of deposited funds. This body of law is too large attempted by any method not specifically permitted, which is for and complex to be reproduced here. an amount less than any minimum withdrawal requirement, or PURPOSE – The purpose of this Agreement is to: which exceeds any frequency limita tion. Even if we honor a cable to the more common (1) Summarize the rules appli nonconforming request, repeated abuse of the stated limitations transactions; (if any) may eventually force us to close this account. We will (2) Establish rules to govern transactions or circumstances use the date a transaction is completed by us (as opposed to the which the law does not regulate; and day you initiate it) to apply the frequency limitations. On (3) Establish rules for certain events or transactions which interest-bearing accounts other than time deposits, we reserve the law already regulates but perm its variation by agreement. the right to require at least seven days’ written notice before any In the event that any provision of this Agreement is held to er. Withdrawals from a time deposit prior withdrawal or transf be invalid for any reason, such holding shall not affect the to maturity or prior to the expiration of any notice period may enforceability of any other provision. be restricted and may be subject to penalty. See your notice of If there is a conflict between information stated in any Bank penalties for early withdrawal. agreement or document (including this one) and something said If you request to withdraw large amounts in cash, we may by one of our employees, the Bank will adhere to the written the time and method of your place reasonable restrictions on information and the terms of this Agreement shall govern. withdrawal. We may permit some variations from this standard You agree not to issue incomplete, postdated or conditional must be agreed to by us in Agreement, but any such variations deposit to your account. Also, checks or present such items for writing either on our signature card for the account or in some we have no duty to discover, comply with or have any liability other written form. dated, conditional checks or for accepting any incomplete, post Each of you agrees, for yourself RESPONSIBLE PARTIES – checks more than six months old, even if you have provided us (and the person or entity you represent if you sign as a with notice describing this check. representative of another) to the terms of this account and the DEATH/INCOMPETENCE – Your death, or a declaration schedule of charges that may be imposed from time to time. that you are legally incompetent to handle your affairs, does not You authorize us to deduct th ese charges as accrued directly end our authority to pay checks signed by you, to accept also agree to pay additional from the account balance. You deposited until we receive written deposits or to collect items reasonable charges we may impose for services you request ared incompetence and have a notice of your death or decl which are not contemplated by th is Agreement. Each of you reasonable chance to act. Even after we receive notice, we may also agrees to be jointly and severally liable for any account pay checks drawn by you before your death or declared deficit resulting from charges or overdrafts, whether caused by incompetence for up to ten (10) days or any longer period you or another person authorized to withdraw from this account, permitted under applicable law. and the costs we incur to collect the deficit including, to the CHECK AND FORMS/PROTECTION OF DOCUMENTS extent permitted by law, our reasonable attorneys’ fees. – You agree to maintain adequate safeguards to ensure the DEPOSITS – Any items, other than cash, accepted for deposit authorized use of the checks you retain, and agree to notify us (including items drawn “on us”) will be given provisional credit immediately if you become aware that any checks are lost or only until collection is final (and actual credit for deposits of, or stolen. We are not responsible for losses you may suffer due to payable in, foreign currency will be at our internal exchange improper printing on forms not obtained through or approved by rate). Subject to any other limitations, interest will be paid only us, your failure to maintain adequate safeguards against on collected funds, unless otherwise provided by law. We are

2 unauthorized use, or your failure to issue checks in a manner so withdraw all or any part of th e account balance. The person(s) as to prevent unauthorized completion, alteration or addition. creating this account type reserv es the right to: (1) change ACH AND WIRE TRANSFERS – This Agreement is subject beneficiaries, (2) change account types, and (3) withdraw all or to Article 4A of the Uniform Commercial Code in the state in Corporate, Partnership, and part of the deposit at any time. which you have your account with us. If you originate a fund Other Organizational Accounts – We will usually require a transfer, and you identify by name and number a beneficiary separate authorization form designating the person(s) permitted financial institution, an intermediary financial institution or a y account in the drawal from an and conditions required for with beneficiary, we and every recei ving or beneficiary financial name of a legal entity such as a partnership, corporation, or institution may rely on the identifying number to make payment. other organization. We will honor such authorization according We may rely on the number even if it identifies a financial to its terms until we receive and record a written amendment or institution, person or account other than the one named. You termination from the governing body of such organization. agree to be bound by automated clearing house association : You Business/Organizational Accounts Authorized Signers for rules. These rules provide, among other things, that payments agree that each eligible signer as may be designated by you from made to you, or originated by you, are provisional until final time to time is authorized to endorse for collection, deposit, or settlement is made through a Federal Reserve Bank or payment negotiation any and all checks, drafts, notes, bills of exchange, is otherwise made as provided in Section 4A-403(e) of the for the payment or transfer of certificates of deposit, and orders Uniform Commercial Code. If we do not receive such payment, money between accounts at the Bank and other banks, either you in the amount credited to we are entitled to a refund from belonging to or coming into the possession of the business. We your account and the party originating such payment will not be are authorized to honor and pay all checks, drafts and orders considered to have paid the amount so credited. If we receive a when so signed or endorsed without inquiry as to the credit to an account y ou have with us by wire or ACH, we are circumstances of issue or disposition of the proceeds even if not required to give you any notice of the payment order or doing so causes an overdraft or increases an overdraft and credit. International ACH orig inations are prohibited. regardless of and to whom such instruments are payable or OWNERSHIP OF ACCOUNT AND BENEFICIARY endorsed, including those drawn or endorsed to the individual You intend these rules to apply to this DESIGNATION - order of any such person so listed. account depending on the form of ownership and beneficiary In addition, each eligible signer is authorized to act for and designation, if any, specified on the account signature card. We on behalf of the business in any matter involving any designated make no representations as to the appropriateness or effect of account of the business, including th e authority to instruct us to the ownership and beneficiary designations, except as they her authorized to sign and close the account, and is furt account funds. You expressly determine to whom we pay the implement for and in the name on behalf of the business, as acknowledge and agree that any prov ision that appoints us as an they, or any of them see fit, the terms of all agreements, agent is not subject to and is not to be construed in accordance instruments, drafts, certificates, or other documents relating to with the provisions of 20 Pa.C.S.A. Section 5601 et seq. By any depository accounts or othe r business including, but not exercising any of our rights under this Agreement, we do so for limited to, night depository ag reements, electronic banking, our sole benefit. Individual Account – is owned by one person. funds transfer agreements or safe deposit agreements. Joint Account – With Survivorship (And Not As Tenants In You must examine REVIEW OF YOUR STATEMENTS – Common) – is owned by two or more persons. Deposits and your statement of account w ith “reasonable care and any additions to the account are the property of the owners as promptness.” If you discover any inconsistencies, unauthorized joint tenants with right of survivorship. This means that we may signatures, forgeries, or alterations, you must promptly notify us release all or any part of the account to any owner as well as in writing of the relevant facts. As between you and us, if you honoring withdrawal requests (including checks) from any fail to do either of these dutie s you will bear the entire loss. owner. We may be required to release money in the account to Your loss could include items on the statement, or other items satisfy a judgment against or other valid debt incurred by any with unauthorized signatures or alterations by the same owner. We may honor withdrawal requests (including checks) we receive written notice from wrongdoer, which we pay before from any surviving owner after the death of any owner, and may ou have to examine the statement you. You agree the time that y treat the account as the sole proper ty of the surviving owner(s). 30 days from the earlier of the and report to us will not exceed Any notice requesting us not to honor a withdrawal request date the statement is made available to you by mail or (including checks) must be in writing from an owner and will be electronically. effective only after we have reas onable time to review and act Refer to the Electronic Fund Transfers Act Disclosure, under upon request. After we receiv e such a notice, we may require separate cover, for your responsibility regarding electronic the written authorization of any or all joint owners for any transaction disputes. Revocable Trust Account – If further payments or deliveries. Under our standard Automated OVERDRAFT PRACTICES – two or more of you create such an account, you own the account and Non-Automated Overdraft Protection Programs, the Bank jointly with survivorship. Beneficiaries acquire the right to may, at its discretion, authori ze and pay certain overdraft items ons creating the account die, and withdraw only if: (1) all pers when you do not have sufficient available funds in your account. (2) the beneficiary is then living. If two or more beneficiaries are not lines of credit. The Overdraft Protection Programs We are named and survive the death of all persons creating the ys pay any type of transaction do not guarantee that we will alwa account, such beneficiaries w ill own this account in equal does not mean that future and payment of an overdraft shares, without right of survivorship. Any such beneficiary may overdrafts will be paid. If we pa y an overdraft, you agree that 2

3 the amount of (including the total amount of the overdraft the Bank from any loss and expense incurred in following such overdraft fees and other applicable fees) is due and payable on instructions. You agree that we shall not be liable for indirect, demand and that you are liable as set forth in this agreement and special or consequential damages regardless of the form of nsumer accounts, we may not pay under applicable law. For co action and even if we have been advised of the possibility of overdrafts for ATM and everyday debit card transactions unless such damages. If we improperly fail to stop payment on an you authorize us to do so. You may authorize us to pay these item, or improperly pay an item bearing an unauthorized items by contacting your local branch or calling 1-800-388 - signature, forged drawer’s signatu re or forged endorsement or 4679. alteration, our liability, if any, shall be limited to the face Under our Automated Program, eligibility requirements and amount of the item. dollar limitations, including limits on the amount of overdraft We are only responsible for providing services that are stated items paid on your behalf will apply. in this Agreement and do not assume fiduciary obligations on quirements, overdraft and other Subject to certain notification re your behalf. There is no guarantee that access to our services applicable fees are subject to change. Bank may limit the will be available at all times and we shall not be liable for number of overdraft fees that can be applied per day. The order interruption in service or loss, or for our failure or delay to in which transactions are processed, as set forth in our Overdraft perform our obligations, caused by matters beyond our control Practices, can affect the total amount of fees incurred. Bank such as, among others, natural disasters, acts of war, fire, reserves the right to process tr ansactions in any order, as , strikes, computer failures, or terrorist attack (or threat thereof) permitted by state and federal law. Overdraft limits, current transportation facilities. losses of power, communications or saction processing order are fees, daily fee limits, and tran If, in connection with a direct deposit DIRECT DEPOSITS – draft Practices document (as disclosed in the Bank’s Over this account which should have plan, we deposit any amount in amended from time to time) which is available in our branches been returned to the Federal Government for any reason, you or on our website. authorize us to deduct the amount of our liability to the Federal If you do not wish to participate in our Automated Program or Government from this account or from any other account you you no longer wish to authorize coverage for ATM and have with us, without prior no tice and at any time, except as everyday debit card transactions under our program, you may prohibited by law. We may also use any other legal remedy to contact your local branch or call 1-800-388-4679. If we do not recover the amount of our liability. pay an overdraft, your transaction will generally be returned or SUB-ACCOUNTS - For accounting purposes, all checking declined and certain fees may still apply. You may change your accounts consist of two sub-acco unts: a transaction sub-account authorization at any time. to which all financial transacti ons are posted and a holding sub- In general, we post transactions received on a daily basis in the account into which ava ilable balances above a preset level are following order: (1) all depo sits received are posted; (2) be re-transferred to your transferred daily. Funds will withdrawals are grouped by transaction type and then processed. transaction sub-account to meet your transactional needs; are processed either in sequential order Items within each group however, all balances in the holding sub-account will be (i.e., check number order), or by dollar amount, with the lowest transferred to the transaction sub- account with the sixth transfer dollar amount transactions being processed before higher dollar in any calendar month or monthly statement period. amount transactions. Both sub-accounts are treated as a single account for purposes A stop-payment order must be given in STOP PAYMENTS – of your deposits and withdrawals, access and information (i.e., the manner required by law, must be received in time to give us your statements), tax reporting, fees, etc. a reasonable opportunity to act on it, and must precisely identify TEMPORARY ACCOUNT AGREEMENT – If this option is You the number, date and amount of the item, and the payee. ibit further use of this account selected, we may restrict or proh agree that “reasonable o pportunity” depends on the if you fail to comply with the requirements we have imposed circumstances but that we will have acted within a reasonable within a reasonable time. time if we make your stop payment request effective by the end You each RIGHT TO SET-OFF; SECURITY INTEREST – we receive your stop payment of the business day on which agree that we may, to the maximum extent permitted by request. We will honor a stop-payment request by the person applicable law, without prior notice or demand, apply or set off who signed the particular item, and, by any other person, even y of your other accounts against the funds in this account or an though such other person did not sign the item, if such other any debt or liability (including fees or service charges) you owe person has an equal or greater right to withdraw from this us or any of our affiliates now or in the future, and you grant us account than the person who signed the item in question. A account and all funds and other a security interest in each release of the stop-payment request may be made only by the property in each such account to secure such debt as it may person who initiated the stop payment. arise. We have this right even if the accounts(s) we withdraw - You agree that we shall be relieved LIMITS TO LIABILITY money from is a joint account and the debt we apply it to is of and you release us from any and all liability for acting upon owed by only one of you. Likewise, we can withdraw money your instructions or failing to act on your instructions when we from an account owned by only one person and apply it to reasonably believe that to do so would cause us to be exposed to reduce the joint debt of that person or another person. civil or criminal liability, or conflict with customary banking If the debt arises from a note, the set off amount includes the practices. The Bank may refuse to follow any depositor total amount of which we are entitled to demand payment under instructions which we believe will expose us to potential the terms of the note at the time we set off, including any e adequate security to protect liability under law. We may requir balance the due date for which we properly accelerate under the 3

4 note. We will not be liable for the dishonor of any check when is to inform you that restricted transactions are prohibited from the dishonor occurs because we set off a debt against this unt or relationship with our being processed through your acco account. You agree to hold us harmless from any claim arising institution. Restricted transactions are transactions in which a as a result of the exercise of our right of set-off. person accepts credit, funds, instruments or other proceeds from This right of set-off may not apply to this account if: (a) it is another person in connection with unlawful Internet gambling. an Individual Retirement Account or other tax-deferred The omission by us to require strict performance of WAIVER – retirement account, or (b) the debt is created by a consumer any term or condition under this Agreement in any one or more a credit card plan, or (c) the debtor’s credit transaction under instances shall not operate as a waiver of our right to insist upon ises only in a representative capacity. right of withdrawal ar strict performance of that or any other term or condition in the USE OF FACSIMILE SIGNATURES AND COMPUTER future. All waivers granted by us must be in writing and signed SYSTEMS – You authorize us, at any time, to charge you for by us to be effective. all checks, drafts, or other orders , for the payment of money that – JURY TRIAL WAIVER SUBJECT TO APPLICABLE are drawn on us regardless of by whom or by what means a LAW, YOU AND WE AGREE TO WAIVE AND GIVE UP facsimile signature(s) may have been affixed. Also, if you OUR RIGHTS TO A TRIAL BEFORE A JURY. utilize an automatic check writing service, on-line banking, payment or other software systems, which may operate through the use of a computer or other internet device, you agree that you shall have the sole responsibility for maintaining security of any such computer or device. You further agree to indemnify and hold us harmless from and against any and all loss, cost, damage, liability or expense (including attorney’s fees) that you or we may suffer or incur as a result of the unlawful use, unauthorized use or misuse by any person of any such device, computer, or software, any facs imile signature, computerized check, or misuse of access codes. RESTRICTIVE LEGENDS – We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in a writing signed by one of our tive legends include, but are not officers. Examples of restric limited to, “must be presented within 90 days” or “not valid for more than $1,000.” TWO-SIGNATURE ACCOUNT RESTRICTIONS – We do not offer accounts on which two signatures are required for a check or other withdrawal. Notwithstanding any provisions to d or other agreement you have the contrary on any signature car with us, you agree that if any acco unt purports to require two or more signers on items drawn on the account, such a provision is solely for your internal control purposes and is not binding on us. If more than one person is authorized to write checks or draw items on your account, you ag ree that we can honor checks even if there are two or more signed by any authorized signer, lines on the items for your signature and two signatures are required. – Actively engaging in foreign FOREIGN CURRENCY exchange trading for profit or hedging purposes is strictly prohibited and may result in forfeiture or subsequent adjustments. We may change AMENDMENTS AND TERMINATION – the terms of this Agreement from time to time as permitted by e account or continuation of the law. Your continued use of th required period) following the account for 30 days (or other change will be deemed to be acceptance of the change by you. Rules governing changes in interest rates have been provided separately. We may also clos e this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. UNLAWFUL INTERNET GAMBLING - In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notification 4

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