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General Conditions Applicable to Your Account With Us
These conditions, together with the Truth in Savings disclosures applicable to the type of deposit account that you are opening, the Electronic Funds Transfer Act disclosure, the Funds Availability Policy, the Fees for General Services brochure and the eCountry Online Banking Agreement and Disclosure (if applicable) constitute the agreement between you and us with respect to your deposit accounts. This supersedes (after the passage of any applicable notice period) any earlier agreements that may have existed. "You" and "owner" mean the account holder(s) and "we," "us" and the "Bank" means CountryBank USA. We may change our agreement with you at any time upon prior written notice consistent with any applicable regulatory requirements. Ownership of Accounts and Right to Conduct Transactions: An individual account is an account in the name of only one person who has sole rights to the amounts therein. Joint accounts are accounts owned by more than one individual. Any owner of a joint account may unilaterally withdraw, transfer or otherwise dispose of all of the funds in the account at any time, unless arrangements requiring multiple signatures are in place. Joint accounts may take several legal forms. It is your obligation to ensure that the ownership form properly reflects your intention. An account may not be assigned or ownership transferred without our prior written consent. Payable on Death Accounts are accounts established by one or more owners, which designate one or more beneficiaries who are to benefit from the account after the death of all account owners. Account owners have full rights to the account, may at any time withdraw any or all of the funds and otherwise modify the account type and/or ownership. If owned by a single owner, the owner may change or eliminate the beneficiary designation at any time. If owned by more than one owner, all of the owners must agree to change or eliminate the beneficiary designation, but may do so at any time. The term "owner" does not include the beneficiary. These accounts are payable to the beneficiary if the beneficiary is living and all of the owners of the account are deceased. If there is more than one beneficiary, the beneficiaries will share in the account as tenants in common after the death of all of the owners. Conducting Transactions: We are not obligated to and generally will not question the motives or purpose with respect to any transaction. This is true whether the transaction is conducted by an owner, or one authorized to act on an owner's behalf. We may decline or delay any transaction if we are not satisfied that the individual conducting the transaction can properly identify himself or herself or, if not an owner, that he or she is properly authorized to conduct the transaction. Liability of Account Owners: All owners are jointly and severally liable for all fees and obligations with respect to the account, including without limitation, liability for overdrafts. This means that the Bank can seek the full amount owed to the Bank from any one of the owners. You authorize us to deduct directly from your account the amount of any fee or charge. These include fees for special services not listed on the Fees for General Services page. Transaction Limitations and Requirements: Funds will be made available for deposited items in accordance with CountryBank USA's Funds Availability Policy. Nevertheless, we reserve the right to charge the account for the amount of any item returned to the Bank, together with applicable fees. We also reserve the right to refuse to accept an item for deposit or cashing where collectability is doubtful, such as in the case of an altered check, a stale check, a check missing necessary signatures, a check which on its face has inconsistent or missing information, a check on a form which is likely to be rejected, etc. We reserve the right to refuse any transaction attempted on a form or in a manner not approved by us. We reserve the right to refuse any transaction that may cause an overdraft. If we allow an overdraft, you are required to pay us the amount of the overdraft and any fees that we may impose in connection therewith. We may pay a check prior to the date on the check unless we have received prior notice to the contrary with respect to the specific item with enough time for us to act. We are not obligated to honor restrictive legends on checks written by you unless we have agreed in writing to do so. Our willingness to allow any of the above transactions or to not exercise any of our rights on one occasion does not obligate us to do so in the future. Stop Payments: Any owner, whether account ownership is individual or joint, may make a stop payment on any item written on the account, regardless of which of you wrote the item. However, only the owner who makes a stop payment may release the stop payment. The Bank must receive a stop payment order in time to give us a reasonable opportunity to act on it. The order must be made in a manner allowed by law and must clearly identify the payee, the amount, number and date of the item. If we allow the stop payment to be initiated by phone, we reserve the right to release the item if we do not receive a written stop payment order within fourteen days of the time you placed the stop payment order by telephone. Telephone Transfers: We may allow telephone transfers by any of the owners of the account. However, unless the transfer is the subject of a prior written authorization, we in our discretion may allow transfers only to another account owned by all of the same owners and with the same legal structure. We reserve the right not to allow any transfer unless we are satisfied as to the identity or authority of the caller. Bank's Right of Setoff: Without prior notice (subject to any restriction or requirement of applicable law or regulation) we may set off any or all of the funds in your account (except for IRA accounts and other tax deferred accounts) against the obligation of any individual or joint owners to the Bank that is then due and payable. We will not be liable to you or any third party for any loss or claim resulting from the dishonor of any check drawn on the account or your inability to pay others as a result of our exercise of the Right of Setoff, and you agree to hold us harmless from any such claim. Review of Account Statement: You should review your account statements carefully in a timely manner (but in no event later than 30 days after the statement is sent to you) and promptly notify us of any unauthorized or altered transactions. This includes checks with forged signatures, checks with amounts or payees different from those authorized by you, or items you do not recall having written. If you fail to do so, you may be liable for some or all of the loss (depending on whether our own failure to exercise ordinary care contributed to the loss) with respect to the items appearing in the statement as well as to future items reflecting wrongdoing by the same party. Your responsibility for unauthorized electronic funds transfers is detailed in CountryBank USA's Electronic Funds Transfer Act disclosure. |