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Deposits: I understand that if you receive any item other than cash, as a collecting bank, you may handle the collection of any such item in accordance with your usual practices. If an item is returned, it will be debited back to my account and interest earned (if any) may be adjusted and/or you may charge a fee for "returned deposit item". I agree to reimburse you for any loss incurred because an item was not endorsed exactly as drawn. You are not responsible for transactions initiated by mail until you actually receive them. All deposits received after your cut-off time each business day or on a day that is not a business day will be handled and recorded on the next business day.
Collection of Deposited Items: In receiving items for deposit or collection, you act only as our agent and assume no responsibility beyond the exercise of ordinary care. All items are given provisional credit subject to final settlement. If the item is deposited to an interest-bearing account, the item begins to accrue interest no later than the business day when you receive credit for the deposit. You shall have the right to forward items to correspondents including all Federal Reserve Banks, and you shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence.
Withdrawals: I agree to use the forms or checks approved by you when making a withdrawal. I understand that you have the right to require prior written notice of my intent to withdraw funds from a savings or interest-bearing checking account. I agree not to withdraw more than the amount available in the account and you may refuse a withdrawal requested against uncollected funds.
Transfers: This account is not transferable except on the books of the institution and I may not transfer or assign this account without your written consent. Any permitted transfer of funds out of this account is not restricted. You must approve any pledge of this account as security for a debt and any pledge remains subject to the bank's right of setoff and security interest.
Termination: You may terminate this account at any time upon providing me reasonable notice and tendering the account balance to which I am entitled by mail to the most recent address in your records or personally. Notice to any one of us is notice to all of us.
Merchant Account: Merchant account transactions are processed through a third party processor and are not endorsed or undwritten by MFB Bank. If you have a high risk reserve account or your funds are held by the risk manager, you will need to contact the processor directly.
Amendments: You may amend the terms of this agreement at any time by sending me a reasonable notice in writing to the most recent address listed in your records by any other method permitted by law including, in appropriate circumstances, posting notice in a conspicuous place in your office.
Personal Accounts: By signing this agreement, I understand that I may withdraw all or a portion of the collected funds in the account. You may prohibit or restrict withdrawals upon being notified of the death or incompetence of a person with the right of withdrawal from this account until all obligations according to this agreement and the law have been met.
Joint Accounts: Unless otherwise stated, you are directed to act pursuant to any one or more of the joint tenants' signatures in any manner in connection with this account including its pledge as security for a loan made by you to one or more of the joint tenants. Each owner is authorized to endorse any item payable to him/his/her order for deposit, cash or other transaction with you. This power will cease upon your receipt of notice of the death or incapacity of the joint tenant or the changing of the ownership or closing of this account. Each of us as joint tenant agrees to be jointly and severally liable to you for any overdraft, fees, or withdrawals against uncollected funds. If any joint tenant issues a suspension order that forbids payment to another tenant, then no withdrawal request will be honored on that account unless it is signed by all the joint tenants. The suspension order can only be cancelled in writing, signed by all the joint tenants.
Joint Account with Right of Survivorship: We agree that any funds placed in or added to the account are intended to be a gift and property of any one of the survivor(s). If more than one of us survives, we shall continue to be joint tenants with the right of survivorship.
Trust Account: I may withdraw funds from the account balance(s) at any time during my lifetime. This trust can be revoked at any time. If not revoked, it will continue for the life of the acting trustee/custodian of the account. If two or more persons create such an account, they will own the account jointly with survivorship. Upon termination of the trust, the account funds shall be divided equally among the living beneficiaries. If two or more beneficiaries are named and survive the death of all trustees of the account, such beneficiaries will own this account in equal shares, without right of survivorship. I agree to comply with all applicable laws as trustee for the account.
Business Account: According to this agreement, the person(s) permitted to make withdrawals from an account held in the name of any legal entity, e.g. a partnership, corporation or other type of organization will be designated in an authorization that will usually be separate from this agreement. You will honor this authorization until it is terminated or amended in writing by the appropriate governing body of the organization.
Custodial Account: Any custodial account maintained is subject to the Uniform Transfers to Minors Act or other applicable state or federal law. There may be only one custodian and one minor or beneficiary for each account.
Interest: You will pay me interest on the collected balance of my account at the rates and times as set forth from time to time by you for the type of account opened.
Non-Sufficient Funds: If I do not have sufficient collected funds in my account to cover a check or draft, you may charge a Non-Sufficient Funds fee and/or refuse to pay the item at your option.
Set-Off: If I owe you money directly or indirectly, you may use the funds in this account as payment and will be held harmless and indemnified by me. My owing you money can include, but is not limited to a secured or unsecured, absolute or contingent, due or about to become due, and joint or several obligation. Each of us acknowledges your right to offset for the debt of any one of the joint owners of this account if the account is jointly owned. This right of set-off does not apply to an account if: (a) it is an IRA or (b) the debtor's right of withdrawal arises only in a representative capacity.
Statement or Passbook: If my account is a passbook account and I wish to make a withdrawal without my passbook, you can refuse to allow the withdrawal until I present the original passbook or the replacement issued by you. If my passbook is lost or stolen, I will immediately notify you in writing and understand that you may charge a fee for replacement of the book. If my account is a statement account, I will receive a periodic statement indicating the activity in my account. If I did not receive a statement because I failed to supply you with a correct address, you may stop sending my statements until I specifically make written request that you begin sending statements to me again and supply you with a proper address. I must carefully examine my statement or passbook and report any errors, forgeries, or other discrepancies to you as soon as possible, or within the period of time prescribed by law after the statement date or passbook entry date. If I do not report to you in this time, I waive my right to contest the payment and accept the charges assessed and the account balance reported as correct.
Stop Payments: At my request, you may stop payment on a check drawn against my checking account provided I meet your conditions to effect such a request. I agree to pay your established service charge for Stop Payments and understand you will honor a Stop Payment request by either the person who signed the check, or by any of the joint owners of the account (if the account is jointly owned), or by any other person who has an equal or greater right to withdraw from this account than the person who signed the item in question.
Expenses and Charges: If you incur any expenses relative to this account due to garnishment, levy or attachment, you may charge the expense to my account or I will reimburse you for such expenses. You may charge my account based on your schedule of charges which may change from time to time. We agree to be jointly and severally liable for any account deficit resulting from charges or overdrafts and the costs you incur to collect the deficit including, and to the extent permitted by law, any reasonable attorneys' fees.
State, Postdated, or Overdraft Checks: You may ignore the postdating of a check unless I give you advance notice of the postdating and describe the check with reasonable certainty. I hold you harmless for paying any stale (more than six months old) or overdraft check and agree to reimburse you for any loss you might suffer because of such payment made in good faith.
No Waiver: I understand and agree that no delay on your part to exercise any right, remedy, power or privilege available to you under this Agreement shall affect or preclude your future exercise of that right, remedy, power or privilege.