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TERMS AND CONDITIONS OF YOUR ACCOUNT
IMPORTANT ACCOUNT OPENING INFORMATION - Federal law requires us to obtain sufficient information to verify your identity.
You may be asked several questions and to provide one or more forms of identification
to fulfill this requirement. In some instances we may use outside sources to confirm
the information. The information you provide is protected by our privacy policy
and federal law.
AGREEMENT - This document, along
with any other documents we give you pertaining to your account(s), is a contract
that establishes rules which control your account(s) with us. Please read this carefully.
If you sign the signature card or open or continue to have your account with us,
you agree to these rules. You will receive a separate schedule of 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 and the laws of the state of Texas (except to the extent that this
agreement can and does vary such rules or laws). The body of state and federal law
that governs our relationship with you, however, is too large and complex to be
reproduced here. The purpose of this document is to:
- summarize some laws that apply to common
transactions;
- establish rules to cover transactions
or events which the law does not regulate;
- establish rules for certain transactions
or events which the law regulates but permits variation by agreement; and
- give you disclosures of some of
our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found
to be unenforceable according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from our standard agreement,
but we must agree to any variation in writing either on the signature card for your
account or in some other document.
As used in this document the words
"we," "our," and "us" mean the financial institution and the words "you" and "your"
mean the account holder(s) and anyone else with the authority to deposit, withdraw,
or exercise control over the funds in the account. The headings in this document
are for convenience or reference only and will not govern the interpretation of
the provisions. Unless it would be inconsistent to do so, words and phrases
used in this document should be construed so the singular includes
the plural and the plural includes the singular. "Party" means a person who, by
the terms of an account, has a present right, subject to request, to payment from
the account other than as a beneficiary or agent.
LIABILITY - You agree, for yourself (and
the person or entity you represent if you sign as a representative of another) to
the terms of this account and the schedule of charges. You authorize us to deduct
these charges directly from the account balance as accrued. You will pay any additional
reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly
and severally (individually) liable for any account shortage resulting from charges
or overdrafts, whether caused by you or another with access to this account. This
liability is due immediately, and can be deducted directly from the account balance
whenever sufficient funds are available. You have no right to defer payment of this
liability, and you are liable regardless of whether you signed the item or benefited
from the charge or overdraft. This includes liability for our costs to collect the
deficit including, to the extent permitted by law, our reasonable attorneys' fees.
DEPOSITS - We will give only
provisional credit until collection is final for any items, other than cash, we
accept for deposit (including items drawn "on us"). Actual credit for deposits of,
or payable in, foreign currency will be at the exchange rate in effect on final
collection in U.S. dollars. We are not responsible for transactions by mail or outside
depository until we actually record them. We will treat and record all transactions
received after our "daily cutoff time" on a business day we are open, or received
on a day we are not open for business, as if initiated on the next following business
day that we are open.
WITHDRAWALS - Unless clearly
indicated otherwise on the account records, any of you, acting alone, who signs
in the space designated for signatures on the signature card may withdraw or transfer
all or any part of the account balance at any time. Each of you (until we receive
written notice to the contrary) authorizes each other person signing the signature
card to indorse any item payable to you or your order for deposit to this account
or any other transaction with us. We may charge your account for a check even though
payment was made before the date of the check, unless we have received written notice
of the postdating in time to have a reasonable opportunity to act. We may refuse
any withdrawal or transfer request which you attempt on forms not approved by us,
by any method we do not specifically permit, which is greater in number than the
frequency permitted, or which is for an amount greater or less than any withdrawal
limitations. Even if we honor a nonconforming request, we may treat continued abuse
of the stated limitations (if any) as your act of closing the account. We will use
the date the transaction is completed by us (as opposed to the date you initiate
it) to apply the frequency limitations. The fact that we may honor withdrawal requests
that overdraw the available account balance does not obligate us to do so later.
See the funds availability policy disclosure for information about when you can
withdraw funds you deposit. For those accounts for which our funds availability
policy disclosure does not apply, you can ask us when you make a deposit when those
funds will be available for withdrawal.
We may require not less 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. 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.
SINGLE-PARTY ACCOUNT WITHOUT "P.O.D."
(PAYABLE ON DEATH) DESIGNATION - The party to the account owns the account.
On the death of the party, ownership of the account passes as a part of the party's
estate under the party's will or by intestacy.
SINGLE-PARTY ACCOUNT WITH "P.O.D."
(PAYABLE ON DEATH) DESIGNATION - The party to the account owns the account.
On the death of the party, ownership of the account passes to the P.O.D. beneficiaries
of the account. The account is not a part of the party's estate.
MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT
OF SURVIVORSHIP - The parties to the account own the account in proportion to
the parties' net contributions to the account. The financial institution may pay
any sum in the account to a party at any time. On the death of a party, the party's
ownership of the account passes as a part of the party's estate under the party's
will or by intestacy.
MULTIPLE-PARTY ACCOUNT WITH
RIGHT OF SURVIVORSHIP - The parties to the account own the account in proportion
to the parties' net contributions to the account. The financial institution may
pay any sum in the account to a party at any time. On the death of a party, the
party's ownership of the account passes to the surviving parties.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
AND "P.O.D." (PAYABLE ON DEATH) DESIGNATION - The parties to the account own
the account in proportion to the parties' net contributions to the account. The
financial institution may pay any sum in the account to a party at any time. On
the death of the last surviving party, the ownership of the account passes to the
P.O.D. beneficiaries.
CONVENIENCE ACCOUNT - The parties
to the account own the account. One or more convenience signers to the account may
make account transactions for a party. A convenience signer does not own the account.
On the death of the last surviving party, ownership of the account passes as a part
of the last surviving party's estate under the last surviving party's will or by
intestacy. The financial institution may pay funds in the account to a convenience
signer before the financial institution receives notice of the death of the last
surviving party. The payment to a convenience signer does not affect the parties'
ownership of the account.
TRUST ACCOUNT - The parties
named as trustees to the account own the account in proportion to the parties' net
contributions to the account. A trustee may withdraw funds from the account. A beneficiary
may not withdraw funds from the account before all trustees are deceased. On the
death of the last surviving trustee, the ownership of the account passes to the
beneficiary. The trust account is not a part of a trustee's estate and does not
pass under the trustee's will or by intestacy, unless the trustee survives all of
the beneficiaries and all other trustees.
BUSINESS ACCOUNTS - Earnings
in the form of interest, dividends, or credits will be paid only on collected funds,
unless otherwise provided by law or our policy. We may require the governing body
of the legal entity opening the account to give us a separate authorization telling
us who is authorized to act on its behalf. We will honor the authorization until
we actually receive written notice of a change from the governing body of the legal
entity.
STOP PAYMENTS - You must make
any stop-payment order in the manner required by law and we must receive it in time
to give us a reasonable opportunity to act on it before our stop-payment cutoff
time. To be effective, your stop-payment order must precisely identify the number,
date and amount of the item, and the payee.
You may stop payment on any item drawn
on your account whether you sign the item or not, if you have an equal or greater
right to withdraw from this account than the person who signed the item. A release
of the stop-payment request may be made only by the person who initiated the stop-payment
order.
Our stop-payment cutoff time is one
hour after the opening of the next banking day after the banking day on which we
receive the item. Additional limitations on our obligation to stop payment are provided
by law (e.g., we paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone
transfer of funds from this account to another account with us, if otherwise arranged
for or permitted, may be made by the same persons and under the same conditions
generally applicable to withdrawals made in writing. Unless a different limitation
is disclosed in writing, we restrict the number of transfers from a savings account
to another account or to third parties, to a maximum of six per month (less the
number of "preauthorized transfers" during the month). Other account transfer restrictions
may be described elsewhere.
AMENDMENTS AND TERMINATION - We may change any term of this agreement. Rules governing changes in interest rates
are provided separately. For other changes, we will give you reasonable notice in
writing or by any other method permitted by law. We may also close this account
at any time upon reasonable notice to you and tender of the account balance personally
or by mail. Notice from us to any one of you is notice to all of you.
STATEMENTS - You must examine
your statement of account with "reasonable promptness." If you discover (or reasonably
should have discovered) any unauthorized signatures or alterations, you must promptly
notify us of the relevant facts. As between you and us, if you fail to do either
of these duties, you will have to either share the loss with us, or bear the loss
entirely yourself (depending on whether we used ordinary care and, if not, whether
we contributed to the loss). The loss could be not only with respect to items on
the statement but other items with unauthorized signatures or alterations by the
same wrongdoer.
You agree that the time you have to
examine your statement and report to us will depend on the circumstances, but will
not, in any circumstance, exceed a total of 30 days from when the statement is first
sent or made available to you.
You further agree that
if you fail to report any unauthorized signatures, alterations, forgeries, or any
other errors in your account within 60 days of when we first send or make the statement
available, you cannot assert a claim against us on any items in that statement,
and as between you and us the loss will be entirely yours. This 60-day limitation
is without regard to whether we used ordinary care. The limitation in this paragraph
is in addition to that contained in the first paragraph of this section.
ACCOUNT TRANSFER - This account may not
be transferred or assigned without our prior written consent.
DIRECT DEPOSITS - If, in connection
with a direct deposit plan, we deposit any amount in an account which should have
been returned to the Federal Government for any reason, you authorize us to deduct
the amount of our liability to the Federal Government from the account or from any
other account you have with us, without prior notice and at any time, except as
prohibited by law. We may also use any other legal remedy to recover the amount
of our liability.
TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is a temporary account agreement. Each person who
signs in the space designated for signatures on the signature card (except as indicated
to the contrary) may transact business on this account. However, we may at some
time in the future restrict or prohibit further use of this account if you fail
to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior
notice and when permitted by law) set off the funds in this account against any
due and payable debt you owe us now or in the future, by any of you having the right
of withdrawal, to the extent of such persons' or legal entity's right to withdraw.
If the debt arises from a note, "any due and payable debt" includes the total amount
of which we are entitled to demand payment under the terms of the note at the time
we set off, including any balance the due date for which we properly accelerate
under the note.
This right of setoff does not apply
to this account if: (a) it is an IRA or other tax-deferred retirement account, or
(b) the debt is created by a consumer credit transaction under a credit card plan
(but this does not affect our rights under any consensual security interest), (c)
the debtor's right of withdrawal only arises in a representative capacity, or (d)
the debt is created by a home equity loan. 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 - We are
not required to honor any restrictive legend on checks you write unless we have
agreed in writing to the restriction. Examples of restrictive legends are "must
be presented within 90 days" or "not valid for more than $1,000.00."
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 largest 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 will cause your largest, and perhaps
more important, items to be paid first (such as your rent or mortgage payment),
but may increase the overdraft or NSF fees you have to pay if funds are not available
to pay all of the items. 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.
ACH AND WIRE TRANSFERS - This
agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers
as adopted in the state in which you have your account with us. If you originate
a fund transfer for which Fedwire is used, and you identify by name and number a
beneficiary financial institution, an intermediary financial institution or a beneficiary,
we and every receiving or beneficiary financial institution may rely on the identifying
number to make payment. We may rely on the number even if it identifies a financial
institution, person or account other than the one named. You agree to be bound by
automated clearing house association rules. These rules provide, among other things,
that payments made to you, or originated by you, are provisional until final settlement
is made through a Federal Reserve Bank or payment is otherwise made as provided
in Article 4A-403(a) of the Uniform Commercial Code.
If we do not receive such 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 credit to an account you have
with us by wire or ACH, we are not required to give you any notice of the payment
order or credit.
NOTICE OF NEGATIVE INFORMATION
Federal law requires us to provide the following
notice to customers before any "negative information" may be furnished to a nationwide
consumer reporting agency. "Negative information" includes information concerning
delinquencies, overdrafts or any form of default. This notice does not mean that
we will be reporting such information about you, only that we may report such information
about customers that have not done what they are required to do under our agreement.
After providing this notice, additional
negative information may be submitted without providing another notice.
We may report information about
your account to credit bureaus. Late payments, missed payments or other defaults
on your account may be reflected in your credit report.
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