COMMUNITY BANK & TRUST
1. Legal Effect of Provisions in this Booklet. Throughout this Deposit Agreement, COMMUNITY BANK & TRUST will be called “the Bank” and may be referred to as “we,” “our” and “us” and YOU, the depositor, will be called “you.” When you open a deposit account with the Bank by signing a Signature Card, you acknowledge receipt of a copy of this Agreement and you agree to the terms of this Agreement as amended from time to time. It is a legally binding contract. Please note that the contract can only be modified as provided in this Agreement. Please READ and RETAIN this Agreement so that you can refer to it whenever you have a question about your account with the Bank.
2. Organization of Agreement. Part I of this Agreement sets forth general terms applicable to all deposit accounts subject to this Agreement. The rules governing ownership of deposit accounts in different capacities are described in Part II of this Agreement. The general rules governing deposit accounts are set forth in detail in Part III. Special rules applicable to interest-bearing accounts are set forth in Part IV. The special rules and disclosures governing Electronic Fund Transfers and Card/Passwords are found in Part V. The very important rules and disclosures regarding your ability to withdraw funds from your accounts are found in Part VI. You should read all of these rules carefully.
3. Subject of Agreement - Deposit Products. The Bank offers a great variety of financial services to meet your needs. It provides many different types of deposit accounts. Except for the special accounts listed below, this Agreement covers all types of deposit accounts offered by the Bank, now or in the future, including demand deposit accounts, money market deposit accounts, savings accounts, and certificates of deposit. However, because some deposit accounts involve special rules, they are not covered by this Agreement; these accounts include IRAs and KEOGH Plans. Further information is available on any of these special financial services at the Bank.
4. Effect of State and Federal Laws and Regulations. The deposit relationship between you and the Bank is governed primarily by this Agreement. But it is also governed by the laws of the State of Missouri and other applicable states; the laws of the United States; the rules and regulations of the Board of Governors of the Federal Reserve System and various Federal Reserve Banks; and the rules and regulations of other proper bank supervisory authorities. If any terms of this Agreement come into conflict with applicable laws, those terms will be nullified to the extent that they are inconsistent with the law, and the applicable law will govern. If any provision of this Agreement is declared to be invalid, unenforceable or illegal, that part will not affect the validity of the other provisions.
5. Customer's Waiver of Notice. By signing the Signature Card, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account. For example, if a check which you deposited is dishonored and returned to the Bank, the Bank is not required to notify you of the dishonor.
6. Waiver of Rights by the Bank. The Bank reserves the right to waive the enforcement of any of the terms of this Agreement with you with respect to any transaction or series of transactions. Any such waiver will not affect the right of the Bank to enforce any of its rights with respect to other customers or to enforce any of its rights with respect to later transactions with you and is not sufficient to modify the terms and conditions of this Agreement.
7. Modification of Agreement by the Bank. The Bank reserves the right to modify the contract terms in this Agreement at any time. Unless otherwise required by law, the Bank may modify this Agreement by (1) posting notice in the Bank, or by (2) mailing to you, in your statement or to your mailing address as shown on the Bank's records, a written notice of the modification. Such a modification will be effective upon the date specified in the posted or mailed notice, but that date will be no less than 10 days following the date of the posting or mailing unless you specifically consent to an earlier date. Modification of service fees is governed by Part III, Paragraph 20 of this Agreement, and changes in interest rates on interest-bearing accounts are governed by Part IV, Paragraph B.1. of this Agreement.
8. Termination of Contract. This Agreement between you and the Bank, as it relates to the accounts offered by the Bank, can be terminated by either you or the Bank at any time by a notice in writing. Such a termination will not release you from any fees or other obligations incurred before the termination, those you incur in the process of closing out your account, or for your liability on outstanding items. You agree that notice of termination of this Agreement by the Bank will be reasonable if it is mailed to your mailing address as shown on the Bank's records.
9. Notices. Any written notice you give to the Bank is effective when it is actually received by the Bank. Any written notice the Bank gives to you is effective when it is deposited in the United States Mail, postage prepaid, and addressed to you at your mailing address as shown on the Bank's records. Notice to any one owner of an account is notice to all owners of that account.
10. Dispute Resolution. The Bank strives to resolve disputes or controversies concerning its customers' accounts as quickly and as amicably as possible. In most cases, the matter can be resolved in one of the Bank's offices or by telephone. However, in those cases where the dispute or controversy cannot be resolved, the Bank believes it is in the best interest of all involved to avoid the time, cost, and expense of a lawsuit. Therefore, you and the Bank both have the option of requiring that any dispute or controversy concerning your account or this account agreement be decided by binding arbitration under the Commercial Arbitration rules of the American Arbitration Association. Under this procedure, the dispute or controversy is submitted to a neutral arbitrator for determination in place of a trial before a judge and jury. The arbitrator will be selected according to the procedures for selecting arbitrators of the American Arbitration Association. Except as otherwise provided by law, the decision of the arbitrator is binding.
11. Important Information Your Need to Know About 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 individual or business that 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 allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
OWNERSHIP OF ACCOUNTS
1. Signature Card Designation. The classification of your account as a personal account or a business account, and the form of ownership for your account, are designated on the Signature Card you sign when you open the account. The following provisions describe the rules applicable to the various classification and forms of ownership available. Only the provisions relating to the classification and form of ownership designated on the Signature Card apply to your account.
2. Individual Accounts. By opening an account that is designated as an individual account on the Signature Card, you are considered by the Bank as the sole owner of the account. You may designate another person to write checks on the account by granting them a limited power of attorney on a form acceptable to the Bank without granting them any ownership interest in your account. Otherwise, you will be the only person authorized to use the account.
3. Joint Accounts. A personal account opened by two or more persons is treated as a “joint account.” The Bank offers two types of joint accounts: (1) a joint account-with survivorship and (2) a joint account-no survivorship. The type of joint account is designated on the Signature Card.
Two or more persons opening an account that is designated as a joint account-with survivorship on the Signature Card will be treated by the Bank as joint tenants with right of survivorship and not as tenants in common. If the joint tenants are husband and wife, they will be treated as owning the joint account as tenants by the entirety. Upon the death of a joint tenant, the surviving owner has the right to all the funds in the account, subject to the Bank's right of setoff and security interest in the account. If more than one joint tenant survives, they will own the account as joint tenants with right of survivorship and not as tenants in common.
Two or more persons opening an account that is designated, as a joint account-no survivorship on the Signature Card will be treated
as tenants in common with no right of survivorship. Upon the death of a joint tenant, the surviving owner does not automatically have a right to all the funds in the account. The Bank encourages you to agree and notify the Bank 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.
Some of the other special rules which govern joint accounts are described in Part III, Paragraph 13 of this Agreement. Those special
rules apply equally to both types of joint accounts.
4. Business Accounts. Business accounts are those established by any partnership, corporation, association or other entity operated on a for-profit basis; all corporations and associations operated on a not-for-profit basis; all governmental units; and any individual who intends to use the account for carrying on a trade or business. The classification and form of ownership of a business account are as designated on the Signature Card.
In a partnership account, the partners agree with each other and the Bank that any one partner whose name is written or typed on the Signature Card has complete authority to bind the partnership and all other partners in all transactions involving the account.
In a corporation account, each person who signs the Signature Card represents to the Bank that the corporation is duly authorized to transact business and that each person whose name is written or typed on the Signature Card is duly authorized and has complete authority to bind the corporation in all transactions involving the account.
The partnership, corporation or other legal entity agrees to notify the Bank promptly in writing of any change in authority. The Bank also reserves the right to require a partnership, corporation or other legal entity to give separate written authorization telling the Bank who is authorized to act on its behalf. The Bank is authorized to follow the directions of a person designated as having authority to act on the entity's behalf until the Bank receives written notice that the authority has been terminated and has had a reasonable time to act upon that notice. If the Bank receives conflicting instructions, the Bank may place a hold on the account until such conflict is resolved and shall not be liable for any dishonored items resulting from such hold on the account.
5. Agency and Fiduciary Accounts. Any individual acting as an Agent, Guardian, Personal Representative, Trustee, Custodian or in
some other fiduciary capacity must be designated to the Bank as such on the Signature Card. It will otherwise be assumed that you own the account in an individual capacity. The Bank is authorized to follow the directions of your Agent regarding your account until it receives written notice that the agency has been terminated and it has had a reasonable time to act upon the notice. The Bank is not liable for the misapplication of funds from your account by your Agent. The terms of any Agency Agreement, Trust Agreement, Court Order or other document in which the account is opened will govern the account and the Bank has the right to review such a document. The Agent, in its individual capacity, agrees to indemnify the Bank and hold the Bank harmless from and against any and all loss, costs, damage, liability or exposure, including reasonable attorneys’ fees, arising out of any action or claim by any beneficiary or other Agent with respect to the authority or actions taken by the Agent in handling or dealing with any account.
We are not required to recognize any power of attorney to act on an account, even if we have previously accepted the power of
attorney for other transactions. If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive written notice of revocation or termination and have had a reasonable time to act upon it. We also reserve the right to restrict the types or sizes of transactions we will permit an attorney-in-fact to conduct on a case-by-case basis and may require the attorney-in-fact to present the original power of attorney before conducting any transaction. A person acting under a power of attorney is not an owner of an account, no funds in the account belong to that person by reason of that capacity, and that person has no right of survivorship in the account.
6. Accounts under Uniform Transfers to Minors Act. The custodian of all Custodial Accounts under the Missouri Uniform Transfers
to Minors Act, or under the corresponding law of any other state, will abide by the law by notifying the Bank in writing immediately upon the death of the minor or at the time the minor attains the age of maturity. After notifying the Bank of either of these events, your authority over the account continues only to the extent allowed by law. Before it receives such notice, the Bank may honor any checks or drafts written on the account without incurring any liability to the minor or to any third party, and you will be liable to the Bank for any loss or expense it incurs because of failure to give prompt notice. The custodian, in its individual capacity, agrees to indemnify the Bank and hold the Bank harmless from and against any and all loss, costs, damage, liability or exposure, including reasonably attorneys’ fees, arising out of any action or claim by any beneficiary or other custodian with respect to the authority or actions taken by the custodian in handling or dealing with any account.
7. Pay-on-Death Accounts (Not Subject to the Non-probate Transfers Law of Missouri). If two or more of you create such an
account, you own the account jointly with right of survivorship. A beneficiary acquires the right to withdraw funds from the account only if (1) all persons creating the account die and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating this type of account reserves the right to: (1) change beneficiaries; (2) change account types; and (3) withdraw all or part of the deposit at any time.
8. Less Common Types of Ownership. The Bank may establish deposit accounts with other types of ownership so long as it is
legally and ethically possible to do so. If you have questions regarding special ownership arrangements, please inquire at the Bank's offices.
GENERAL RULES GOVERNING DEPOSIT ACCOUNTS
1. Deposit of Items. You may make deposits in person, by mail or by any other method the Bank makes available, such as its automated teller machines. You are encouraged to use your personalized deposit slips in order to help the Bank credit deposits to your account as soon as possible. The Bank is not responsible for deposits initiated by mail or outside depository until the Bank actually records them. If you fail to endorse an item which you submit for deposit, the Bank has the right but is not obligated, to supply the missing endorsement. The Bank may require that certain government checks, insurance company items or other special types of checks be personally endorsed by each of the payees. You warrant that all endorsements on items you deposit are genuine. You agree to reimburse the Bank for any loss or expense it incurs because you fail to endorse an item exactly as it is drawn. If the Bank receives an item on a weekend, holiday or after the Bank's cutoff hour on a business day, the item is deemed to have been received on the Bank's next business day. The Bank's business days and cutoff hour are posted at the Bank's offices and are subject to change from time to time in the Bank's discretion. Except to the extent additional notice is required by law, any change in the Bank's business days or cutoff hour becomes effective on the day the new business days or cutoff hour are posted at the Bank's offices. The Bank reserves the right to refuse any item for deposit in your account.
2. Collection of Items. In receiving items for deposit or collection, the Bank acts as your Collection Agent and assumes no responsibility beyond the exercise of due care. The Bank will not be liable for default or negligence of its correspondents or for loss in transit, and each correspondent will not be liable except for its own negligence. Items and their proceeds may be handled in accordance with applicable
Federal Reserve and Clearing House rules. All items are credited subject to final payment and receipt of proceeds by the Bank. Without prior notice to you, the Bank may charge back any item at any time before final payment, whether returned or not, and may also charge back any item drawn on it if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. The Bank is authorized to pursue collection of previously dishonored items, and in so doing it may permit the payor bank to hold an item beyond the midnight deadline.
3. Direct Deposits. If, in connection with a direct deposit plan, the Bank credits your account for any amount which should have been returned to the Federal Government for any reason, you authorize the Bank, without prior notice and at any time, to deduct that amount from your account or from any other account you have with the Bank, except as otherwise prohibited by law. The Bank may also use any other legal remedy to recover the amount in question.
4. Authorized Signature. Your signature on the Signature Card is your authorized signature. For the payment of funds and for other purposes relating to any account you have with the Bank, the Bank is authorized to recognize your signature, but it will not be liable to you for refusing to honor your checks or other signed instructions if it believes in good faith that the signature appearing on such checks or instructions is not genuine. You agree and understand that You will have all risk of loss and You agree to indemnify the Bank from any loss if You utilize a signature stamp or other forms of electronic signature when presenting the Bank with an Authorized Signature not written by You.
5. Checks and Other Withdrawals. The Bank may require that any check or other item drawn upon your account or used to withdraw funds from your account be on forms approved by the Bank. Information concerning the forms which the Bank has approved may be obtained at the Bank's offices upon request. If you use forms that have not been approved, the Bank reserves the right to reject the item and impose a fee for each item rejected. The Bank also reserves the right to refuse any withdrawal or transfer request which is attempted by any manner not specifically authorized, which is greater in frequency or number than that specifically permitted, or which is for an amount less than any minimum withdrawal or transfer denomination required for the account in question. The Bank may pay checks or other items drawn upon your account in any order determined by the Bank, even if paying a particular check or items results in an insufficient balance in your account to pay one or more other Items that otherwise could have been paid out of your account. In the event You determine to use a draft where You give your account number to the drawer of the draft You will notify the Bank in writing of Your use of the Draft and provide specific authorization for the draft.
6. Telephone Transfers. A transfer of funds from one of your accounts to another of your accounts at the Bank may be made by
telephonic instructions given by the same persons and under the same conditions generally applicable to written withdrawal requests.
7. Insufficient Funds. An insufficient balance in your account, which has not been covered by overdraft protection, is subject to a service fee charged against your account according to the Bank's then current schedule of charges. Checks or other items drawn against insufficient funds in your account may also be subject to the service fee set forth in that schedule for each attempted presentment. The Bank does not control the number of times an item can be re-presented for payment. This applies to checks, ACH payments, etc. The Bank may determine whether or not your account contains sufficient funds to pay a check or other item at any time between the time the check or other item is received by the Bank and the Bank's return deadline, and only one determination of the account balance is required. If that determination reveals insufficient funds to pay the check or other item, the Bank will not be required to honor the check or other item and may return it. Alternatively, the Bank may honor the check or other item and create an overdraft. However, the honoring of one or more overdrafts does not obligate the Bank to honor any future overdrafts, and you should not rely on the Bank to honor an overdraft. Moreover, the Bank is not required to send you prior notice on checks returned for insufficient funds. You agree to deposit sufficient funds to cover the overdraft and any service fees upon notice of the overdraft, and to reimburse the Bank for any costs it incurs in collecting the overdraft from you including, without limitation, reasonable attorneys' fees and the costs of litigation to the extent permitted by law.
8. Stop Payment Order. You have the right to stop payment on any check drawn on your account that has not been paid or certified.
An oral stop order lapses after 14 calendar days unless it is confirmed in writing within that period; a written stop order is effective for 6 months. Renewals must be in writing and may be made from time to time. A written stop order, renewal or revocation will be valid upon delivery to the Bank. Acceptance of a stop order will not constitute a representation that the item has not already been paid or that the Bank has a reasonable opportunity to act on the stop order. In order to place a stop payment order, you must inform the Bank of the payee of the check, the exact amount of the item, the number of the check and the number of the account. The Bank will not be responsible if the information you give is not correct or if you fail to give any other reasonable information regarding the item and stop payment cannot be completed. The Bank is entitled to a reasonable period of time after you give a stop order to notify its employees. If the Bank re-credits your account after paying a check over a valid and timely stop order, you agree to transfer to the Bank all of your rights against the payee or other holder of the check, and to assist the Bank in legal action taken against that person later on. A release or cancellation of a stop order may be given by any person who is authorized to draw checks against the account. Stop payment orders on cashier's checks, certified checks, official checks or bank money orders are not permitted.
9. Stale and Post-Dated Items. The Bank maintains the option to either pay or dishonor any stale check (i.e., more than 6 months
old) upon presentation to the Bank. You give permission to the Bank to pay stale checks without prior approval from You. It is not recommended that you issue a post-dated check (i.e., check bearing a date later than the actual calendar date) as a means of withdrawal. Under Missouri law, the Bank is not responsible for charging your account before the indicated date on a properly payable but post-dated check unless you notify it that you have issued a post-dated check. Oral notice concerning a post-dated check lapses after 14 calendar days unless it is confirmed in writing within that period; written notice concerning a post-dated check is effective for 6 months. Renewals must be in writing and may be made from time to time. A written notice concerning a post-dated check, renewal or revocation will be valid upon delivery to the Bank. Your notice must inform the Bank of the exact amount and date of the item, the name of the payee and the number of the check and the account. The Bank will not be responsible if the information you give is not correct or if you fail to give any other reasonable information regarding the item and it is paid prior to the indicated date. The Bank is entitled to a reasonable period of time after you give it notice concerning a post-dated check to notify its employees. If the Bank re-credits your account after paying a post-dated check over a valid and timely notice, you agree to transfer to the Bank all of your rights against the payee or other holder of the check, and to assist the Bank in legal action taken against that person later on.
10. Responsibility for the Back of Checks. You agree that the Bank will not be liable to you because an item you deposit in your
account is returned after the time set by applicable law if the delay in returning the item is caused by markings on the item in the space reserved for the depositary bank's endorsement that were made by you or a prior endorser. Similarly, you will be liable to the Bank for any loss or expense, including without limitation reasonable attorneys' fees, it incurs because it is unable to properly return an item drawn on your account within the time set by applicable law where the delay in properly returning the item is caused by markings on the item in the space reserved for the depositary bank's endorsement that existed at the time you issued the item.
11. Automated Processing of Items. You recognize that the Bank has adopted automated collection and payment procedures so
that it can process the greatest volume of Items at the lowest possible cost to all customers. These automated procedures rely primarily on information encoded onto each item in magnetic ink. In recognition of this fact, you agree that in paying or taking an item for collection, the Bank may disregard all information on the item other than the drawer's signature, the identity of the drawee bank, and the amount of the item, and any other information encoded onto the item in magnetic ink according to general banking standards, whether or not that information is consistent with other information on the item. You agree to reimburse the Bank for any loss or expense it incurs because you issue or deposit an item containing such extra information. Furthermore, you agree that the Bank does not fail to exercise ordinary care in paying an item solely because its procedures do not provide for the sight examination of items with a face amount below an amount specified by the Bank from time to time.
12. Statements. You have the option of electronic statements (eStatements) or of having statements for your account retained at the Bank until you request them or of having them mailed to you. If you have elected to have your statements mailed to you, they will be mailed to your address as shown on the Bank's records. You should carefully examine the statement and cancelled checks when you receive them. If you feel there is an error on the statement, or that some unauthorized person has withdrawn funds from the account, the Bank should be notified immediately. The statement is considered correct unless you notify the Bank promptly after any error is discovered. Moreover, because you are in the best position to discover an unauthorized signature, an unauthorized endorsement or a material alteration, you agree that the Bank will not be liable for paying such items if (a) you did not exercise reasonable care in examining the statement and cancelled checks or you have not reported forgeries or alterations to the Bank within 30 days of the date the first statement containing these items was mailed to you or made available to you, or (b) these items were forged or altered so cleverly (as by unauthorized use of a facsimile machine or otherwise) that the forgery or alteration could not be detected by a reasonable person. If you have elected to not receive copies of cancelled checks with your statements, the cancelled checks or legible copies will be provided to you within a reasonable time after your written request that sufficiently identifies the checks requested. You agree to pay the applicable service charge for retrieval and copying of the requested checks.
13. A Special Word about Joint Accounts. Each joint owner on an account may withdraw, by any means the Bank makes available,
any or all of the funds on deposit, close the account, enter into special agreements regarding the account, and stop payment on any check drawn on the account. Each joint owner guarantees the signatures of the other joint owner and authorizes the others to endorse checks for deposit if they are payable to any of the joint owners. Each joint owner also authorizes the Bank to exercise set off and enforce its security interest in the entire joint account, even though only one of the joint owners is the debtor; these rights exist irrespective of who contributed funds to the joint account. Similarly, the Bank can enforce overdraft liability in the joint account against any joint owner individually. Garnishments against either or both joint owners are subject to the Bank's right of setoff and security interest. Notice provided by the Bank to any one joint owner is notice to all joint owners. Each joint owner is jointly and severally liable to the Bank for debit balances in the account, all fees and charges, and the Bank’s reasonable attorneys’ fees and costs and expenses of collection. If the Bank receives conflicting instructions, the Bank may place a hold on the account until such conflict is resolved and shall not be liable for any dishonored items resulting from such hold on the account.
14. Setoff and Security Interest. You hereby grant the Bank a security interest in your deposit account to secure any indebtedness or
other obligation you owe or may hereafter owe to Bank under this agreement, any other agreement or otherwise. If you ever owe the Bank money as a borrower, guarantor or otherwise, and it becomes due, the Bank has the right under the law (called "setoff") and under this agreement to use the money from your account to pay the debt. The bank may use the money to pay the debt even if withdrawal results in an interest penalty or dishonor of checks. In the case of a partnership or joint account, each partner or joint owner agrees that the Bank may use the money in the account to satisfy any one of their individual obligations. Similarly, each partner or joint owner agrees that the Bank may use the money in their individual accounts to satisfy obligations in the joint account or partnership account. The security interest granted by this Agreement is consensual and is in addition to the Bank's right of setoff. However, the right of setoff and security interest may not apply to your account if: (a) it is an IRA or a tax-deferred Keogh Retirement Account; (b) the debt is created by a consumer credit transaction under a credit card plan; or (c) the debtor's right of withdrawal arises only in a representative capacity. You agree the Bank’s interest, either by consensual lien or by setoff, shall have priority over any Pay-on-Death or Transfer-on-Death Designation.
15. Legal Process Against Account. If legal action such as a tax levy, attachment, garnishment, etc. is brought against your
account, the Bank may refuse to payout any money from your account until the dispute is resolved. If your account is attached, garnished or otherwise subject to levy by lawful legal action, the Bank will not be liable to you for any sums it may be required to pay because of such attachment, garnishment or other levy even if paying the money from your account leaves insufficient funds to pay a check you have written. If the Bank incurs any expenses, including without limitations, reasonable attorneys' fees, in responding to an attachment, garnishment or other levy, which are not otherwise reimbursed, it may charge such expenses to your account without prior notice to you. Any garnishment or other levy against your account is subject to the Bank's right of setoff and security interest.
16. Other Adverse Claims. If the Bank receives notice of an actual or potential adverse claim to your account or the funds in your
account, it may in its discretion refuse to payout any money from your account for a reasonable period of time after receipt of notice of the actual or potential claim. Although the Bank reserves the right to refuse to payout any money from your account if it has received notice of an actual or potential claim, the Bank is not required to recognize any adverse claim unless (1) the claimant provides the Bank with an acceptable bond indemnifying the Bank against any and all liabilities, losses, damages, costs and expenses that might be incurred by the Bank in connection with payment of the adverse claim and any resulting dishonored checks or other Items, (2) the claimant has obtained an order from a court of competent jurisdiction in a case in which you are made a party and served with a summons, or (3) you act as a fiduciary for the claimant and the claimant gives the Bank an affidavit setting forth the nature of your fiduciary relationship and the facts upon which the claimant has reasonable cause to believe that you are about to misappropriate the funds.
17. Death or Incompetence. Neither a customer's death nor a legal adjudication of incompetence revokes the Bank's authority to
accept, pay or collect items until the Bank knows of the fact of death or of an adjudication of incompetence and has a reasonable opportunity to act on it. Even with knowledge the Bank may, for 10 days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account.
18. Dormant Accounts and Escheat Laws. The Bank will deem your account to be dormant if you do not make any deposits to or withdrawals from the account for a specified time period. The dormancy period varies by checking account product and can range from six months to four years of inactivity. The specific time period for your account to be considered dormant is described separately in the account opening disclosures. A dormant account remains subject to service charges and may be assessed a non-refundable dormancy fee. Funds in dormant accounts may also be turned over to the state where the Bank is located as abandoned property under certain circumstances.
In the event you die without leaving a will and have no surviving heirs or other legal representatives, all funds on deposit in your
accounts with the Bank may be turned over to the state where the Bank is located pursuant to applicable law, if funds are not otherwise legally claimed.
19. Transfer of Ownership. Although checks drawn on your account are negotiable, the account itself is not. Accounts are not
transferable except on the Bank's books and records. In order to transfer title or pledge the account as collateral for a loan from someone other than the Bank, a written request must be provided on a form approved by the Bank. If ownership is to be transferred, the Bank may require that the account be closed and a new account opened. Any pledge of the account to a third party remains subject to the Bank's right to setoff and security interest.
20. Service Fees. You agree to pay any service fees and charges that apply to your account. Service fees and charges may include
but are not limited to charges for check printing, check writing, stop payment orders, notices of post- dated Items, cashier's checks, overdrafts and insufficient funds checks. Any fees may be deducted from your account without prior notice to you, even if such deduction results in an overdraft of the account. The Bank will not be liable for dishonoring checks or other withdrawal orders because of insufficient funds resulting from proper deduction of fees. A schedule of the Bank's current fees and charges is given you when you open an account and is available at our banking offices. Service fees and charges are subject to change from time to time in the Bank's discretion. Except to the extent additional notice
is required by law, notice of any changes will be posted at the Bank's offices. A reasonable period of time will be given before any changes become effective.
21. Disputes Involving the Account. You agree to be liable to the Bank for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that the Bank incurs as a result of any dispute involving your account, and you authorize the Bank to deduct any such loss, costs, or expenses from your account without prior notice to you. This obligation includes disputes between you and the Bank involving the account and situations where the Bank becomes involved in disputes between you and an authorized signor, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signor, another joint owner, or a third party takes action with respect to the account that causes the Bank, in good faith, to seek the advice of counsel, whether or not the Bank actually becomes involved in a dispute. In addition, you agree that if the Bank does not properly complete a transaction according to this agreement, the Bank will not be liable for any losses or damages in excess of the amount of the transaction.
22. Disclosure of Information. Information about your accounts or any transactions between you and the Bank will not be disclosed
to third parties except in strict accordance with the law.
23. Negative Information Reporting about your Deposit Accounts. 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.
24. Summary of Deposit Reclassification for Interest and Non-Interest Checking Account Holders. Your account will consist of a checking sub-account and a savings sub-account. This structure will not affect your available balance, FDIC insurance, interest earned, bank statement, or any other features of your account. If interest is paid on your account, the interest calculation will remain the same. Otherwise the savings sub-account will be non-interest bearing. We will periodically review your account and determine the money not routinely needed to pay net debits and transfer this portion to the Savings sub-account. The remainder of the balance will be maintained in the Checking sub-account of your Account. On a daily basis, all credits, checks, and other debits will be posted to the Checking sub-account. If the daily activity of your Account exceeds the balance of the Checking sub-account a transfer will be made from the Savings sub-account to cover any shortfall in the Checking sub-account as a result of the day’s activity. If a sixth transfer in a calendar month is required, all funds within the Savings sub-account will be credited back to the Checking sub-account for the remainder of the month. Although we have no intention of exercising this right, CBT reserves the right to require a seven-day notice for any transfers from the savings sub-account.
25. Limit of Liability. The liability of the Bank will not exceed the face amount of any check regarding any return, forgery, forged endorsement, counterfeit check, improper maker/payee, forged signature, fictitious payee or maker or wrongful dishonor. You specifically agree that the Bank will not be liable to You for any special, indirect, punitive, or loss of revenue or profits damages.
SPECIAL RULES FOR INTEREST-BEARING ACCOUNTS
Interest-bearing accounts are subject to the general rules governing deposit accounts set forth in Part III of this Agreement. These accounts are also subject to certain additional special rules set forth in this Part IV. Special rules concerning certificates of deposit are set forth in Section A of this Part IV, and special rules for all other interest-bearing accounts (such as savings, money market deposit, and interest on checking accounts) are set forth in Section B of this Part IV.
A. CERTIFICATES OF DEPOSIT
1. Term of Deposits and Maturity. The term of your certificate of deposit ("CD") is reflected on the face of the CD. You are required to maintain your CD with the Bank for that period of time. When the term expires, the deposit may be withdrawn without penalty within 10 days after the maturity date, but no interest will be earned past the maturity date. CDs have fixed interest rates, require a minimum deposit and have terms, generally, of 3 months to 6 years. CDs with different terms may be quoted on request.
2. Interest Rates. Interest rates offered on new CDs vary from time to time in the Bank's discretion. Current rate information is available in the Bank's offices. Unless otherwise stated on the face of the CD, the rate of interest paid on a CD remains the same during its term.
3. Interest Payment and Computation. The frequency with which the interest earned on your CD is paid varies, and will be designated on the face of the CD. The option selected will be designated on the face of the CD. If you choose to add the earned interest to the CD so that it may compound, the same interest rate that is paid on the CD will be earned on all interest after compounding. If your CD does not automatically renew, interest will not be earned past its maturity date.
4. Early Withdrawal Penalty. By purchasing a CD, you are contracting to keep the funds evidenced thereby on deposit for a fixed period of time. In the event of withdrawal of all or any portion of a CD before maturity, an early withdrawal penalty will be incurred on the amount withdrawn. The amount of the early withdrawal penalty varies with the term of the CD, and is disclosed on a separate notice given to you when you purchase a CD.
To comply with the requirements of the early withdrawal penalties, a reduction in the principal sum of the CD may be required. The Bank makes no express or implied agreement to pay a CD prior to its stated maturity. Consent by the Bank to pay a CD before maturity is solely within the Bank's discretion and may be given only at the time you make a request for early withdrawal.
No early withdrawal penalty will be imposed for early withdrawal if an owner of the CD is declared legally incompetent if the request is
made prior to the first maturity following the declaration of incompetency. Similarly, if an owner of the CD dies, no early withdrawal penalty will be assessed for early withdrawal if the request is made prior to the first maturity following the owner's death.
5. Negotiability. CDs are not issued in negotiable form and are not subject to check or other order. Also, the ownership of a CD may not be transferred to another party except in accordance with applicable rules and regulations that allow transfers in, among others, the following circumstances: attachments, death, divorce, garnishment, incompetence, levy or marriage.
6. Renewal. The Bank issues two types of CDs: (1) automatically renewable CDs and (2) CDs that do not automatically renew. The type of CD you purchase will be designated on the face of the CD. If your CD Is automatically renewable, it will renew at each maturity date for a period of time equal to the original term of, and on the same terms and conditions as, the original CD. The interest rate for the renewal period will be the same rate offered by the Bank on the maturity date for new CDs of like amount that have the same term as the original CD. You can prevent an automatic renewal by giving the Bank written instructions to the contrary on or before the maturity date or by presenting the CD for payment on or within 10 days after the maturity date. There is no early withdrawal penalty for a withdrawal made within ten (10) days after a maturity date of an automatically renewable CD. If your CD does not automatically renew, interest will not be earned past its stated maturity date. The Bank, in all cases, reserves the right to change the interest rate payable on the CD upon any maturity.
7. Notices of Maturity. At or prior to the maturity of your CD, the Bank will mail to you a notice advising you of the maturity date and
the amount of interest earned on the CD. The Bank reserves the right to call any CD for payment after the current term or at the end of any subsequent term. If so called, the deposit and any interest retained for compounding will cease to earn interest on the effective date of such call.
B. ALL OTHER INTEREST-BEARING ACCOUNTS
1. Interest Rates. The rate of interest paid on all interest-bearing accounts (other than time deposits) is subject to change from time to time in the Bank's discretion. Information concerning the computation and rate of interest paid on each type of interest-bearing account offered by the Bank and changes in those rates of interest is set forth in separate Truth in Savings Disclosures. The current rate of interest being paid on each type of account is posted at the Bank's offices. Any change in interest rates becomes effective on the day the new rates are posted at the Bank's offices.
2. Interest Accrual and Crediting. Interest begins to accrue no later than the business day when the Bank receives credit for the deposit. Accrued interest will be credited to your account and become available for withdrawal on the interest payment date specified in the Bank's Truth in Savings Disclosure for your type of account. If your account is closed prior to an interest payment date, all interest that has accrued since the last interest payment date may be forfeited. If you are required to maintain a minimum balance in your account and such minimum balance is not maintained, the Bank, at its option, may refuse to pay any interest that has accrued since the last interest payment date, which interest shall be forfeited, may charge you a fee during such period, may close your account, and/or may convert your account to a non-interest bearing account.
3. Prior Notice of Withdrawal. The Bank reserves the right to require you to give 7 days prior written notice of any intended
withdrawal from an interest-bearing account other than a time deposit.
4. Limits on Telephone and Preauthorized Transfers. Pursuant to applicable federal regulations, there are limits on the number of preauthorized transfers the Bank may process on certain interest-bearing accounts. No more than 6 preauthorized, automatic, or telephonic transfers may be made from your savings account or money market deposit account to another of your accounts at the Bank or to a third party in any calendar month or statement cycle of at least 4 weeks. If you exceed or attempt to exceed these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer requests, and the Bank may reclassify or close your account.
SPECIAL RULES GOVERNING ELECTRONIC FUND TRANSFERS FOR ATM CARDS, DEBIT CARDS, AND INTERNET BANKING
The Electronic Fund Transfers Act and regulations adopted thereunder provide that the Bank disclose pertinent information to you about electronic fund transfers to or from your account. In this section, the following terms have defined meanings:
“Electronic Fund Transfer” and “EFT” mean any transfer of funds, other than one originated by check, draft or similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing us to debit or credit your account. The term includes, but is not limited to, point-of-sale transfers, ATM transfers, direct deposits or withdrawals of funds, person to person transfers (P2P) and transfers initiated by telephone. It includes all transfers resulting from debit card transactions, including those that do not involve an electronic terminal at the time of the transaction. The term does not include payments made by check, draft or similar paper instrument at a terminal.
“Terminal” means an electronic device, other than a telephone operated by you, through which you may initiate an EFT. The term includes, but is not limited to, point-of-sale terminals and ATMs.
“ATM” means a cash-dispensing or non-cash-dispensing automated teller machine.
“Card” means an ATM card, debit card, or any other plastic card issued by us which gives you electronic access to your account.
“Personal Identification Number (PIN)” means a numeric code issued to a customer which must be used in conjunction with a qualified card in order to affect an EFT at a terminal.
“Account” means any demand deposit, savings, or other consumer asset account with us to which you may gain access by means of an EFT.
“Business Day” means Monday through Friday but does not include holidays.
“Password” means a code you specify which must be used in conjunction with a log-on identification number to gain access to your accounts on the Internet Banking Service.
A. RULES AND DISCLOSURES
If you have applied for a Card/Password and the Bank has approved your application, you have agreed to use your Card/Password subject to the following provisions. The Bank reserves the right to not issue or not reissue a Card.
1. The Card/Password and PIN. The Card/Password and Personal Identification Number ("PIN") issued to you are to be used only by you, or by any other person named on the application if the Card/Password is issued jointly. You should not disclose the PIN to any other person. If you allow another person to use your Card/Password or PIN, you will be fully liable for that use. Moreover, for security reasons, you should not write your PIN on your Card or keep it in the same location. The Card is the Bank's property and must be surrendered to the Bank upon request.
2. Notice of Loss, Theft, or Unauthorized Use. You agree to notify the Bank immediately in the event of loss, theft, or unauthorized
use of the Card/Password. Notice may be given by mail, by telephone, or personally, but a written confirmation notice must be sent to the Bank if the original notice was given by telephone or in person.
3. Account Access. Listed below are the types of transactions you can perform based on the access device utilized. Some of the services may not be available at all terminals.
The ATM Card may be used at designated automatic teller machines for a variety of transactions such as:
a. Withdrawing funds from designated accounts.
b. Making deposits to your account.
c. Transferring funds between designated accounts.
d. Obtaining balance information on your designated accounts.
e. Advancing against overdraft line of credit.
In addition to these services, the debit card can be used to pay for purchases at merchants that have agreed to accept debit transactions.
Cards are enabled for non-Visa debit transactions and all such transactions do not require PIN authentication. Card provisions relating only to Visa transactions are not applicable to non-Visa transactions.
For Business debit cards, a separate Business Debit Card Disclosure and Card Agreement will be provided.
You may use the Internet Banking Services or Mobile Banking to:
a. Transfer funds between your accounts.
b. Obtain balance information on your designated accounts.
c. Pay bills directly from your accounts in the amounts and on the days you request.
d. Person to person transfers (P2P)
Access to your accounts through Internet Banking or Mobile Banking is available by enrolling online. There is no charge to view accounts, transfer funds between accounts and view transaction history. Separate terms and conditions for Internet Banking, Mobile Banking and Tokenization are provided within the products and applications.
Community Bank and Trust provides notice to You that it may utilize tokenization as an enhanced means of protecting nonpublic personal information. This will facilitate using symbols instead of account numbers when transacting business with a debit card or bank account and ACH transaction.
Terms for Adding Your CBT debit card to a Digital Wallet
These Terms for adding your Community Bank and Trust (CBT) debit card to a Digital Wallet (the “Terms”) apply when you choose to add a CBT debit card to a Digital Wallet (“Wallet”). In these Terms, “you” and “your” refer to the debit cardholder of the CBT, and “we,” “us,” “our,” and "CBT debit card” refer to the issuer of your CBT debit card , which is CBT Bank, N.A. When you add a CBT debit card to the Wallet, you agree to these Terms.
A. Adding Your CBT Debit card: You can add an eligible CBT debit card to the Wallet by following the instructions of the Wallet provider. Only CBT debit cards that we indicate are eligible can be added to the Wallet. If your CBT debit card or underlying account is not in good standing, that CBT debit card will not be eligible to enroll in the Wallet. When you add a CBT debit card to the Wallet, the Wallet allows you to use the CBT debit card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your CBT debit card is accepted.
B. Your CBT Debit card Terms Do Not Change: The terms and account agreement that govern your CBT debit card do not change when you add your CBT debit card to the Wallet. The Wallet simply provides another way for you to make purchases with the CBT debit card. Any applicable fees and charges that apply to your CBT debit card will also apply when you use the Wallet to access your CBT debit card. CBT does not charge you any additional fees for adding your CBT debit card to the Wallet or using your CBT debit card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.
C. CBT is Not Responsible for the Wallet: CBT is the not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the CBT debit card in the Wallet. We are not responsible for any failure of the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third party relationships that may impact your use of the Wallet.
D. Contacting You Electronically, and by Email: You consent to receive electronic communications and disclosures from us in connection with your CBT debit card and the Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any CBT account. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.
E. Removing Your CBT debit card from the Wallet: You should contact the Wallet provider on how to remove a CBT debit card from the Wallet. We can also restrict a CBT debit card in the Wallet from purchases at any time.
F. Governing Law and Disputes: These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your CBT debit card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your CBT debit card agreement.
G. Ending or Changing these Terms; Assignments: We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. We can also assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all CBT debit cards from the Wallet. You may not assign these Terms.
I. Notices: We can provide notices to you concerning these Terms and your use of a CBT debit card in the Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at: 1-888-701-1040.
J. Questions: If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your CBT debit card, then contact us at: 1-888-701-1040.
4. Documentation of Transfers. You can get a receipt at the time you make any transfer to or from your account using an automated teller machine or point-of-sale transaction.
5. Limitations on Transfers. Transfers from a money market deposit account or a savings account to another account or to a third party by preauthorized, automatic or telephone transfers are limited to 6 per month or statement cycle. Moreover, there is a dollar limit on the amount of cash you may withdraw through automated teller machines or point-of-sale transactions on a single business day (weekends and holidays are considered part of the next business day). The amount of this dollar limit varies from account to account and your limit is disclosed in the Regulation E Disclosure given to you when you open your account. The Bank reserves the right to change dollar limits and transaction limits at any time upon prior notification.
6. Charges. The Bank has established charges for ATM access and usage. These charges may include a charge for the issuance and
the use of the Card as well as the overdraft and other normal service charges applicable to your account. Refer to the accompanying Regulation E Disclosure for specific charges. You agree to be liable for all charges related to the issuance and use of the Card and authorize the Bank to withdraw the charges from your account without prior notice to you.
7. Illegal Transactions. A Visa card may not be used for illegal transactions.
8. Termination. You may at any time terminate your agreement with the Bank concerning the Card by mailing a termination notice and returning the Card to the Bank. The Bank may also terminate the agreement by mailing to your address a record of notice of termination, giving the termination date and requesting a return of the Card. No termination will affect your liability for Card transactions occurring or charges incurred before a termination.
B. PREAUTHORIZED ELECTRONIC FUND TRANSFERS RULES AND DISCLOSURES
1. Transfers Available. You may authorize automatic, often referred to as "electronic," transfers from your account. Automatic or electronic transfers to your account may be authorized by special arrangement with the issuer of the deposited item or recipient of your payment. These transfers are governed by the laws of Missouri and the United States, and the Bank accepts no liability other than that imposed by those laws. Except to the extent prohibited by law, you agree that the Bank may, without prior notice to you, deduct from your account all or any portion of any electronic transfer to your account which the Bank is required to return to the originator of that transfer.
2. Documentation of Transfers. If you have arranged to have direct deposits made to your account at least once every 60 days from
the same person or company, you can call the Bank at the telephone number listed on the last page of this Agreement to find out whether or not the deposit has been made.
3. Limitations on Transfers. Transfers from a money market deposit account or a savings account to another account or to a third party by preauthorized, automatic or telephone transfers are limited to 6 per month or statement cycle.
4. Right to Stop Payment. If you have told the Bank in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
Call or write the Bank at the telephone number or mailing address listed on the last page of this Agreement, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, the Bank may also require you to put your request in writing and get it to the Bank within 14 days after you call. The Bank may charge you a fee for each stop-payment order you give.
If you order the Bank to stop one of these payments 3 business days or more before the transfer is scheduled, and the Bank does not do so, the Bank may be liable for your losses or damages.
5. Notice of Varying Amount. If these regular payments vary in amount, the person or the Company you are going to pay should tell you, 10 days before each payment, when and how it will be made. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
C. OTHER DISCLOSURES APPLICABLE TO ALL TYPES OF ELECTRONIC FUND TRANSFER SERVICES
1. Your Liability for Unauthorized Transfers. Contact the Bank AT ONCE if you believe your Card/Password has been lost or stolen or money is missing from your account. Telephoning is the best way to minimize your possible losses. If you contact the Bank within two business days, you can lose no more than $50 if someone used your Card/Password without your permission.
If you do not contact the Bank within two business days after you learn of the loss or theft of your Card/Password, and the Bank can prove it could have stopped someone from using your Card/Password without your permission if you had contacted the Bank, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact the Bank at once. If you do not contact the Bank within 60 days
after the statement was mailed to you, you may not get back any money lost after the 60 days if the Bank can prove that it could have stopped someone from taking the money if you had contacted the Bank in time, and notification could have prevented those losses.
If special circumstances (such as extended travel or hospitalization) prevent you from contacting the Bank, the time periods may be
2. Address and Telephone Number. If you believe your Card/Password has been lost or stolen or that an unauthorized transfer from
your account has occurred or may occur, call the Bank immediately. Refer to the last page of this Agreement for the mailing address and telephone number.
3. Business Day Disclosure. Our business days are Monday through Friday. Holidays and other days when the Bank is closed for business are not included. If you make a deposit on a business day that we are open we will consider that day to be the day of your deposit.
4. Periodic Statements. You will get a monthly account statement for your checking account. You will also receive a monthly account statement for your savings account for any month in which there is an electronic fund transfer (other than a balance inquiry). In any case you will receive a statement for your savings account with electronic transactions at least quarterly.
5. Account Information Disclosure. The Bank will disclose information to third parties about your account or the transfers you make:
a. Where it is necessary for completing transfers;
b. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant;
c. In order to comply with government agency or court orders; or
d. If you give the Bank your permission;
6. Liability for Failure to Make Transfers. If the Bank does not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, the Bank may be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance:
a. If, through no fault of the Bank, you do not have enough money in your account to make the transfer;
b. If your funds are subject to legal process or other encumbrance restricting transfer;
c. If the transfer would go over the credit limit on your line of credit;
d. If the ATM where you are making the withdrawal does not have enough cash;
e. If the ATM was not working properly;
f. If you have not properly followed the instructions for operation of the ATM;
g. If the requested transfer would exceed one of the limitations on frequency, or amount, of transfers available;
h. If circumstances beyond the Bank's control (such as fire or flood) prevent the transfer; or
i. If there are other exceptions stated in the Bank's agreement with you.
7. Error Resolution Procedures. If case of errors or questions about your electronic transfers:
Telephone or write the Bank at the telephone number or mailing address listed on the last page of this Agreement as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. The Bank must hear from you no later than 60 days after it sent the FIRST statement on which the problem or error appeared.
a. Give your name and account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why need more information.
c. Give the dollar amount of the suspected error. If you tell the Bank orally, you may be required to send the Bank your complaint or question in writing within 10 business days.
The Bank will tell you the results of its investigation within 10 business days after the Bank hears from you and will correct any error promptly. If the Bank needs more time, however, it may take up to 45 days to investigate your complaint or questions. If the Bank decides to do this, it will recredit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or questions in writing and that writing is not received within 10 business days, the Bank may not recredit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your
complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
8. ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any other network used (and you may be charged a fee for balance inquiry even if you do not complete a fund transfer).
9. Provisional Payment Disclosure. "Credit given by [us] to [you] with respect to an automated clearing house credit entry is provisional until [we] receive final settlement for such entry through a Federal Reserve Bank. If [we] do not receive such final settlement, [you] are hereby notified and agree that [we] are entitled to a refund of the amount credited to [you] in connection with such entry, and the party making payment to [you] via such entry (i.e. the originator of the entry) shall not be deemed to have paid [you] in the amount of such entry."
10. Notice Disclosure. "Under the operating rules of the National Automated Clearing House Association, which are applicable to
ACH transactions involving your account, [we] are not required to give next day notice to [you] of receipt of an ACH item and [we] will not do so. However, [we] will continue to notify you of the receipt of payments in the periodic statements we provide to you."
11. Choice of Law Disclosure. "[We] may accept on [your] behalf payments to [your] account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act and [your] rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of [New York] as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account."
YOUR ABILITY TO WITHDRAW FUNDS AT COMMUNITY BANK & TRUST
The Bank's policy is to make funds from your deposits available to you on the first business day after the day the Bank receives your deposit. Electronic direct deposits will be available on the day the Bank receives the deposit. Once they are available, you can withdraw the funds in cash and the Bank will use the funds to pay checks that you have written.
For determining the availability of your deposits, every day is a business day, except Saturday and Sunday, and federal holidays. If you make a deposit before the Bank's cut-off time on a business day that the Bank is open, the Bank will consider that day to be the day of your
deposit. However, if you make a deposit after the Bank's cut-off time or on a day the Bank is not open, the Bank will consider that the deposit was made on the next business day the Bank is open. The Bank's cut-off time varies from office to office.
LONGER DELAYS MAY APPLY
In some cases, the Bank will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $200 of your deposits will be available on the first business day.
If the Bank is not going to make all the funds from your deposit available on the first business day, it will notify you at the time you
make your deposit. The Bank will also tell you when the funds will be available. If your deposit is not made directly to one of the Bank's employees, or if the Bank decides to take this action after you have left the premises, the Bank will mail you the notice by the day after it receives your deposit.
If you will need the funds from a deposit right away, you should ask the Bank when the funds will be available.
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: The Bank believes a check you deposit will not be paid.
You deposit checks totaling more than $5,000 on any one day. You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last 6 months.
There is an emergency, such as failure of communications or computer equipment.
The Bank will notify you if it delays your ability to withdraw funds for any of these reasons, and the Bank will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
CORPORATE ACCOUNT TAKEOVER AVAILABILITY EXCEPTION
Unauthorized ACH deposits are possible indicators of Corporate Account Takeover. If the Bank suspects an ACH deposit entry is not authorized, the Bank may need additional time to investigate the suspicious deposit before making funds available.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits into your account will be available on the day the Bank receives the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of the Bank's employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the eleventh business day after the day of your deposit.
PART VII CONCLUSION
Community Bank & Trust appreciates your banking business. Our purpose is to keep our customers informed of the deposit options available at the Bank, as well as the Bank's and customer's responsibilities in guaranteeing a high level of personal and professional service on your accounts. For further information regarding your account or other available services at the Bank, please contact your account representative for assistance. Thank you.
P.O. Box 400, Neosho, Missouri 64850 Telephone Number: (888) 701-1040
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