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MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers your and our rights and responsibilities
concerning Accounts the Credit Union (Credit Union) offers. In this
Agreement, the words “you” and “yours” mean anyone who signs an Account
Card or Account Change Card (Account Card). The words “we,” “us,” and
“our” mean the Credit Union. The word “account” means any one or more
share or other accounts you have with the Credit Union.
Your account type(s) and ownership features are designated on
your Account Card. By signing an Account Card, each of you, jointly and
severally, agree to the terms and conditions in this Agreement and
Account Card, the Funds Availability Policy Disclosure, Truth-in-Savings
Rate and Fee Schedule (Rate and Fee Schedule), and any Account Receipt
accompanying this Agreement, and the Credit Union’s Bylaws and policies,
and any amendments to these documents from time to time which
collectively govern your Membership and Accounts.
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Membership Eligibility. To join the Credit Union you must meet the membership requirements
including purchase and maintenance of at least one (1) share
(“membership Share”) as set forth in the Credit Union’s Bylaws. You
authorize us to check your account, credit, and employment history,
and obtain reports from third parties, including credit reporting
agencies, to verify your eligibility for the accounts and services
you request.
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Single Party Accounts.
A single party account is an account owned by one
member (individual, corporation, partnership, trust or other
organization) qualified for credit union membership. If the account
owner dies, the interest passes, subject to applicable law, to the
decedent’s estate or Payable on Death (POD) beneficiary/payee or
trust beneficiary, subject to other provisions of this Agreement
governing our protection for honoring transfer and withdrawal
requests of an owner or owner’s agent prior to notice of an owner’s
death.
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Multiple Party Accounts.
An account owned by two or more persons is a multiple
party account.
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Rights of Survivorship.
Unless otherwise stated on the Account
Card, a multiple party account includes rights of
survivorship. This means when one owner dies, all sums
in the account will pass to the surviving owner(s). For
a multiple party account without rights of survivorship,
the deceased owner’s interest passes to his or her
estate. A surviving owner’s interest is subject to the
Credit Union’s statutory lien for the deceased owner’s
obligations, and to any security interest or pledge
granted by a deceased owner, even if a surviving owner
did not consent to it.
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Control of Multiple Party Accounts.
Any owner is authorized and
deemed to act for any other owner(s) and may instruct us
regarding transactions and other account matters. Each
owner guarantees the signature of any other owner(s).
Any owner may withdraw all funds, stop payment on items,
transfer, or pledge to us all or any part of the shares
without the consent of the other owner(s). We have no
duty to notify any owner(s) about any transaction. We
reserve the right to require written consent of all
owners for any change to or termination of an account,
If we receive written notice of a dispute between owners
or inconsistent instructions from them, we may suspend
or terminate the account and require a court order or
written consent from all owners to act.
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Multiple Party Account Owner
Liability. Ifs deposited item
in a multiple party account is returned unpaid, an
account is overdrawn, or if we do not receive final
payment on a transaction, the owners, jointly and
severally, are liable to us for the amount of the
returned item, overdraft, or unpaid amount and any
charges, regardless of who initiated or benefited from
the transaction, If any account owner is indebted to us,
we may enforce our rights against any account of an
owner or all funds in the multiple party account
regardless of who contributed them.
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POD/Trust Account Designations. A Payable
on Death (POD) account or trust account designation is an
instruction to the Credit Union that a single or multiple party
account so designated is payable to the owner(s) during his, her or
their lifetimes and, when the last account owner dies, payable to
any named and surviving POD or trust beneficiary/payee. Accounts
payable to more than one surviving beneficiary/payee are owned
jointly by such beneficiaries/payees without rights of survivorship.
Any POD or trust beneficiary/payee designation shall not apply to
Individual Retirement Accounts (IRAs) which are governed by a
separate beneficiary/payee designation. We are not obligated to
notify any beneficiary/payee of the existence of any account or the
vesting of the beneficiary/payee’s interest in any account, except
as otherwise provided by law.
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Accounts for Minors. We may require any
account established by a minor to be a multiple party account with
an owner who has reached the age of majority under state law and who
shall be jointly and severally liable to us for any returned item,
overdraft, or unpaid charges or amounts on such account. We may pay
funds directly to the minor without regard to his or her minority.
Unless a guardian or parent is an account owner, the guardian or
parent shall not have any account access rights. We have no duty to
inquire about the use or purpose of any transaction. We will not
change the account status when the minor reaches the age of
majority, unless authorized in writing by all account owners.
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UniformTransfers/Gifts to Minors Account.
A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an
individual account created by a custodian who deposits funds as an
irrevocable gift to a minor. The minor to whom the gift is made is
the beneficiary of the custodial property in the account. The
custodian has possession and control of the account for the
exclusive right and benefit of the minor and barring a court order
otherwise, is the only party entitled to make deposits, withdrawals,
or close the account. We have no duty to inquire about the use or
purpose of any transaction. If the custodian dies, we may suspend
the account, until we receive instructions from any person
authorized by law to withdraw funds or a court order authorizing
withdrawal.
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Agency Designation on an Account. An
agency designation on an account is an instruction to us that the
owner authorizes another person to make transactions as agent for
the account owner regarding the accounts designated. An agent has no
ownership interest in the account(s) or Credit Union voting rights.
We have no duty to inquire about the use or purpose of any
transaction made by the agent.
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Deposit of Funds Requirements. Funds may
be deposited to any account, in any manner approved by the Credit
Union in accordance with the requirements set forth on the Rate and
Fee Schedule.
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Endorsements. We may accept transfers, checks,
drafts, and other items for deposit into any of your
accounts if they are made payable to, or to the order
of, one or more account owners even if they are not
endorsed by all payees. You authorize us to supply
missing endorsements of any owners if we choose. If a
check, draft or item that is payable to two or more
persons is ambiguous as to whether it is payable to
either or both, we may process the check, draft or item
as though it is payable to either person. If an
insurance, government, or other check or draft requires
an endorsement as set forth on the back of the check or
draft, we may require endorsement as set forth on the
item. Endorsements must be made on the back of the share
draft or check within 1½ inches from the top edge,
although we may accept endorsements outside this space.
However, any loss we incur from a delay or processing
error resulting from an irregular endorsement or other
markings by you or any prior endorser will be your
responsibility.
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Collection of Items. We act only as your agent
and we are not responsible for handling items for
deposit or collection beyond the exercise of ordinary
care. Deposits made by mail or at unstaffed facilities
are not our responsibility until we receive them. We are
not liable for the negligence of any correspondent or
for loss in transit, and each correspondent will only be
liable for its own negligence. We may send any item for
collection. Items drawn on an institution located
outside the United States are handled on a collection
basis only. You waive any notice of nonpayment,
dishonor, or protest regarding items we purchase or
receive for credit or collection to your account.
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Final Payment. All items or Automated Clearing
House (ACH) transfers credited to your account are
provisional until we receive final payment. If final
payment is not received, we may charge your account for
the amount of such items or ACH transfers and impose a
return item charge on your account. Any collection fees
we incur may be charged to your account. We reserve the
right to refuse or return any item or funds transfer.
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Direct Deposits. We may offer preauthorized
deposits (e.g., payroll checks, Social Security or
retirement checks, or other government checks) or
preauthorized transfers from other accounts. You must
authorize each direct deposit or preauthorized transfer
by filling out a separate form. You must notify us at
least thirty (30) days in advance to cancel or change a
direct deposit or transfer option. Upon a bankruptcy
tiling, unless you cancel an authorization we will
continue making direct deposits in accordance with your
authorization on file with us. It we are required to
reimburse the U.S. Government for any benefit payment
directly deposited into your account, we may
deduct the amount returned from any of your accounts,
unless prohibited by law.
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Crediting of Deposits. Deposits made after the
deposit cutoff time and deposits made on either holidays
or days that are not our business days will be credited
to your account on the next business day.
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Account Access.
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Authorized Signature. Your signature on the
Account Card authorizes your account access. We will not
be liable for refusing to honor any item or instruction
if we believe the signature is not genuine. If you have
authorized the use of a facsimile signature, we may
honor any draft that appears to bear your facsimile
signature even if it was made by an unauthorized person.
You authorize us to honor transactions initiated by a
third person to .whom you have given your account number
even if you do not authorize a particular transaction.
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Access Options. You may withdraw or transfer
funds from your account(s) in any manner we permit
(e.g., at an automated teller machine, in person, by
mail, automatic transfer, or telephone, as applicable).
We may return as unpaid any draft drawn on a form we do
not provide, and you are responsible for any loss we
incur handling such a draft. We have the right to review
and approve any form of power of attorney and may
restrict account withdrawals or transfers. We are under
no obligation to honor any power of attorney.
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ACH & Wire Transfers. If we provide the service,
you may initiate or receive credits or debits to your
account through wire or ACH transfer. You agree that if
you receive funds by a wire or ACH transfer, we are not
required to notify you at the time the funds are
received. Instead, the transfer will be shown on your
periodic statement. We may provisionally credit your
account for an ACH transfer before we receive final
settlement. We may reverse the provisional credit or you
will refund us the amount if we do not receive final
settlement. When you initiate a wire transfer, you may
identify either the recipient or any financial
institution by name and by account or identifying
number. The Credit Union (and other institutions) may
rely on the account or other identifying number as the
proper identification even if it identifies a different
party or institution.
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Credit Union Examination. We may disregard
information on any draft or check, other than the
signature of the drawer, the amount and any magnetic
encoding. You agree we do not fail to exercise ordinary
care in paying an item solely because our procedures do
not provide for sight examination of items.
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Account Rates and Fees. We pay
account earnings and assess fees against your account as set forth
in the Rate and Fee Schedule. We may change the Rate and Fee
Schedule at any time and will notify you as required by law.
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Transaction Limitations.
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Withdrawal Restrictions.
We permit withdrawals
only if your account has sufficient available funds to
cover the full amount of the withdrawal or you have an
established overdraft protection plan. Drafts or other
transfer or payment orders which are drawn against
insufficient funds may be subject to a service charge
set forth in the Rate and Fee Schedule, If there are
sufficient funds to cover some, but not all, of your
withdrawal, we may allow those withdrawals for which
there are sufficient funds in any order at our
discretion.
We may refuse to allow a withdrawal in some situations,
and will advise you accordingly; for example: (1) a
dispute between account owners (unless a court has
ordered the Credit Union to allow the withdrawal); (2) a
legal garnishment or attachment is served; (3) the
account secures any obligation to us; (4) required
documentation has not been presented; (5) you fail to
repay a Credit Union loan on time. We may require you to
give written notice of seven (7) days to sixty (60) days
before any intended withdrawals.
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Transfer Limitations. For share savings and money market
accounts, if applicable, you may make up to six (6)
preauthorized, automatic, telephonic, or audio response
transfers to another account of yours or to a third
party during any calendar month. Of these six, you may
make no more than three (3) transfers to a third party
by check or debit card. A preauthorized transfer
includes any arrangement with us to pay a third party
from your account upon oral or written orders including
orders received through the automated clearing house
(ACH). You may make unlimited transfers to any of your
accounts or to any Credit Union loan account and may
make withdrawals in person, by mail, or at an ATM.
However, we may refuse or reverse a transfer that
exceeds these limitations and may assess fees against,
suspend or close your account.
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Certificate Accounts. Anytime
deposit, term share, share certificate, or certificate of deposit
account allowed by state law (Certificate Account), whichever we
offer, is subject to the terms of this Agreement, the Rate and Fee
Schedule and Account Deposit Receipt for each account the terms of
which are incorporated herein by reference.
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Overdrafts.
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Overdraft Liability. If on any day, the funds in
your share account are not sufficient to cover drafts,
fees or other items posted to your account, those
amounts will be handled in accordance with our overdraft
procedures or an overdraft protection plan you have with
us. The Credit Union’s determination of an insufficient
account balance may be made at any time between
presentation and the Credit Union’s midnight deadline
with only one review of the account required. We do not
have to notify you if your account does not have funds
to cover drafts, fees or other posted items. Whether the
item is paid or returned, your account may be subject to
a charge as Set forth in the Rate and Fee Schedule.
Except as otherwise agreed in writing, we, by covering
one or any overdraft, do not agree to cover overdrafts
in the future and may discontinue covering overdrafts at
any time without notice. If we pay a draft or impose a
fee that would otherwise overdraw your account, you
agree to pay the overdrawn amount immediately. We
reserve the right to pursue collection of previously
dishonored items at any time, including giving a payor
bank extra time beyond any midnight deadline limits.
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Overdraft Protection Plan. It we have approved an
overdraft protection plan for your account, we will
honor drafts drawn on insufficient funds by transferring
funds from another account under this Agreement or a
loan account, as you have directed, or as required under
the Credit Union’s overdraft protection policy. The fee
for overdraft transfers, if any, is set forth on the
Rate and Fee Schedule. This Agreement governs all
transfers, except those governed by agreements for loan
accounts.
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Postdated and Staledated Drafts.
We may pay any draft without regard
to its date unless you notify us of a postdating. The notice must be
given to us in time so that we can notify our employees and
reasonably act upon the notice and must accurately describe the
draft, including the exact number, date, and amount. You understand
that the exact information is necessary for the Credit Union’s
computer to identify the draft. We are not responsible if you give
us an incorrect or incomplete description, or untimely notice. You
may make an oral notice which lapses in fourteen (14) calendar days
unless confirmed in writing. A written notice is effective for six
(6) months and may be renewed in writing from time to time. You
agree not to deposit checks, drafts, or other items before they are
property payable. We are not obligated to pay any check or draft
drawn on your account which is presented more than six (6) months
past its date.
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Stop Payment Orders.
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Stop Payment Order Request.
You may request a stop
payment order on any draft drawn on your account. To be
binding an order must be dated, signed, and describe the
account and draft number and the exact amount. The stop
payment will be effective if the Credit Union receives
the order in time for the Credit Union to act upon the
order and you state the number of the account, number of
the draft, and its exact amount. You understand that the
exact information is necessary for the Credit Union’s
computer to identify the draft. If you give us incorrect
or incomplete information, we will not be responsible
for failing to stop payment on the draft. If the stop
payment order is not received in time for us to act upon
the order, we will not be liable to you or to any other
party for payment of the draft. If we recredit your
account after paying a draft over a valid and timely
stop payment order, you agree to sign a statement
describing the dispute with the payee, to transfer to us
all of your rights against the payee or other holders of
the draft and to assist us in any legal action.
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Duration of Order.
You may make an oral stop payment order which will lapse
within fourteen (14) calendar days unless confirmed in
writing within that time. A written stop payment order
is effective for six (6) months and may be renewed in
writing from time to time. We do not have to notify you
when a stop payment order expires.
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Liability. Fees
for stop payment orders are set forth on the Rate and
Fee Schedule. You may not stop payment on any certified
check, cashier’s check, teller’s check, or any other
check, draft, or payment guaranteed by us. Although
payment of an item may be stopped, you may remain liable
to any item holder, including us. You agree to indemnity
and hold the Credit Union harmless from all costs,
including attorney’s fees, damages or claims related to
our refusing payment of an item, including claims of any
multiple party account owner, payee, or indorsee in
failing to stop payment of an item as a result of
incorrect information provided by you.
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Credit Union Liability. If we
do not properly complete a transaction according to this Agreement,
we will be liable for your losses or damages not to exceed the
amount of the transaction, except as otherwise provided by law. We
will not be liable if: (1) your account contains insufficient funds
for the transaction; (2) circumstances beyond our control prevent
the transaction; (3) your loss is caused by your or another
financial institution’s negligence; or (4) your account funds are
subject to legal process or other claim. We will not be liable for
consequential damages, except liability for wrongful dishonor. We
exercise ordinary care if our actions or non-actions are consistent
with applicable state law, federal reserve regulations and operating
letters, clearinghouse rules, and general banking practices followed
in the area we serve. You grant us the right, in making payments of
deposited funds, to rely exclusively on the form of the account and
the terms of this Account Agreement. Any conflict between what you
or our employees may say or write will be resolved by reference to
this Agreement.
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Credit Union Lien and Security Interest.
If you owe us money as a borrower,
guarantor, endorser or otherwise, we have a statutory lien on the
account funds in any account in which you have an ownership
interest, regardless of their source, unless prohibited bylaw. We
may apply these funds, without further notice to you, in any order
to pay off your indebtedness. By not enforcing a lien, we do not
waive our right to enforce it later. In addition, you grant the
Credit Union a consensual security interest in your accounts and we
may use the funds from your accounts to pay any debt or amount now
or hereafter owed the Credit Union, except for obligations secured
by your residence, unless prohibited by applicable law. All accounts
are non-assignable and nontransferable to third parties.
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Legal Process. If any legal
action is brought against your account, we may pay out funds
according to the terms of the action or refuse any payout until the
dispute is resolved. Any expenses or attorney fees we incur
responding to legal process may be charged against your account
without notice, unless prohibited by law. Any legal process against
your account is subject to our lien and security interest.
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Account Information. Upon
request, we will give you the name and address of each agency from
which we obtain a credit report regarding your account. We agree not
to disclose account information to third parties except when: (1) it
is necessary to complete a transaction; (2) the third party seeks to
verity the existence or condition of your account in accordance with
applicable law; (3) such disclosure complies with the law or a
government agency or court order; or (4) you give us written
permission.
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Notices.
Name or Address Changes. You are responsible for
notifying us of any address or name change. The Credit Union
is only required to attempt to communicate with you at the
most recent address you have provided to us. We may accept
oral notices of a change in address and may require any
other notice from you to us be provided in writing. If we
attempt to locate you, we may impose a service fee as set
forth on the Rate and Fee Schedule.
Notice of Amendments. Except as prohibited by
applicable law, we may change the terms of this Agreement.
We will notify you of any changes in terms, rates, or fees
as required by law. We reserve the right to waive any term
in this Agreement. Any such waiver shall not affect our
right to future enforcement.
Effect of Notice. Any written notice you give us is
effective when we receive it. Any written notice we give to
you is effective when it is deposited in the U.S. Mail,
postage prepaid and addressed to you at your statement
mailing address. Notice to any account owner is considered
notice to all account owners.
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Taxpayer Identification Numbers and Backup Withholding.
Your failure to furnish a correct
Taxpayer Identification Number (TIN) or meet other requirements may
result in backup withholding. If your account is subject to backup
withholding, we must withhold and pay to the Internal Revenue
Service (IRS) a percentage of dividends, interest, and certain other
payments. If you fail to provide your TlN, we may suspend opening
your account, or, if applicable, you may request a non-dividend or
non-interest bearing account until a TIN is provided.
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Statements.
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Contents. If we
provide a periodic statement for your account, you will
receive a periodic statement of transactions and
activity on your account during the statement period as
required by applicable law, If a periodic statement is
provided, you agree that only one statement is necessary
for a multiple party account. For share draft or
checking accounts, you understand and agree that your
original draft, when paid, becomes property of the
Credit Union and may not be returned to you, but copies
may be retained by us or payable through financial
institutions and made available upon your request. You
understand and agree that statements are made available
to you on the date they are mailed to you. You also
understand and agree that drafts or copies thereof are
made available to you on the date the statement is
mailed to you, even if the drafts do not accompany the
statement.
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Examination. You
are responsible for examining each statement and
reporting any irregularities to us. We will not be
responsible for any forged, altered, unauthorized or
unsigned items drawn on your account if: (1) you fail to
notify us within thirty-three (33) days of the mailing
date of the earliest statement regarding any forgery,
alteration or unauthorized signature on any item
described in the statement; or (2) any items are forged
or altered in a manner not detectable by a reasonable
person, including the unauthorized use of a facsimile
signature machine.
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Notice to Credit Union.
You agree that the Credit
Union’s retention of drafts does not alter or waive your
responsibility to examine your statements or the time
limit for notifying us of any errors. The statement will
be considered correct for all purposes and we will not
be liable for any payment made or charge to your account
unless you notify us in writing within the above time
limit for notifying us of any errors, If you fail to
receive a periodic statement you agree to notify us
within fourteen (14) days of the time you regularly
receive a statement.
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Inactive Accounts. If your
account falls below any applicable minimum balance and you have not
made any transactions over a period specified in the Rate and Fee
Schedule during which we have been unable to contact you by regular
mail, we may classify your account as inactive or dormant. Unless
prohibited by applicable law, we may charge a service fee set forth
on the Rate and Fee Schedule for processing your inactive account.
If we impose a fee, we will notify you, as required bylaw, at your
last known address. You authorize us to transfer funds from another
account of yours to cover any service fees, if applicable. To the
extent allowed by law, we reserve the right to transfer the account
funds to an account payable and to suspend any further account
statements, If a deposit or withdrawal has not been made on the
account and we have had no other sufficient contact with you within
the period specified by state law, the account will be presumed to
be abandoned. Funds in abandoned accounts will be reported and
remitted in accordance with state law. Once funds have been turned
over to the state, we have no further liability to you for such
funds and if you choose to reclaim such funds, you must apply to the
appropriate state agency.
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Special Account Instructions.
You may request that we facilitate certain trust, will, or
court-ordered account arrangements. However, because we do not give
legal advice, we cannot counsel you as to which account arrangement
most appropriately meets the specific requirements of your trust,
will, or court order. If you ask us to follow any instructions that
we believe might expose us to claims, lawsuits, expenses,
liabilities, or damages, whether directly or indirectly, we may
refuse to follow your instructions or may require you to indemnify
us or post a bond or provide us with other protection. Account
changes requested by you, or any account owner, such as adding or
closing an account or service, must be evidenced by a signed Account
Change form and accepted by us.
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Termination of Account. We may
terminate your account at any time without notice to you or may
require you to close your account and apply for a new account if:
(1) there is a change in owners or authorized signers; (2) there has
been a forgery or fraud reported or committed involving your
account; (3) there is a dispute as to the ownership of the account
or of the funds in the account; (4) any share drafts are lost or
stolen; (5) there are excessive returned unpaid items not covered by
an overdraft protection plan; (6) there has been any
misrepresentation or any other abuse of any of your accounts; or (7)
we reasonably deem it necessary to prevent a loss to us. You may
terminate a single party account by giving written notice. We
reserve the right to require the consent of all owners to terminate
a multiple party account. We are not responsible for payment of any
draft, withdrawal, or other item after your account is terminated,
however, if we pay an item after termination, you agree to reimburse
us.
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Termination of Membership. You
may terminate your membership by giving us notice. You may be denied
services or expelled for any reason allowed by applicable law,
including causing a loss to the Credit Union.
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Death of Account Owner. We may
continue to honor all transfer orders, withdrawals, deposits and
other transactions on an account until we are notified of a members
death. Once we are notified of a member’s death, we may pay drafts
or honor other payments or transfer orders authorized by the
deceased member for a period often (10) days after that date unless
we receive instructions from any person claiming an interest in the
account to stop payment on the drafts or other items. We may require
anyone claiming a deceased owner’s account funds to indemnify us for
any losses resulting from our honoring that claim. This Agreement
will be binding upon any heirs or legal representatives of any
account owner.
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Severability. If a court holds
any portion of this Agreement to be invalid or unenforceable, the
remainder of this Agreement shall not be invalid or unenforceable
and will continue in full force and effect. All headings are
intended for reference only and are not to be construed as part of
the Agreement.
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Enforcement. You are liable to
us for any loss, cost or expense we incur resulting from your
failure to follow this Agreement. You authorize us to deduct any
such loss, costs or expenses from your account without prior notice
to you. If we bring a legal action to collect any amount due under
or to enforce this Agreement, we shall be entitled, subject to
applicable law, to payment of reasonable attorney’s fees and costs,
including fees on any appeal, bankruptcy proceedings, and any post-
judgment collection actions.
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Governing Law. This Agreement
is governed by the Credit Union’s Bylaws, federal laws and
regulations, the laws, including applicable principles of contract
law, and regulations of the state in which the Credit Union’s main
office is located, and local clearinghouse rules, as amended from
time to time. As permitted by applicable law, you agree that any
legal action regarding this Agreement shall be brought in the county
in which the Credit Union is located.
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