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Health Savings Account
(HSA)
IOWA STATE BANK
100 NORTH MAIN
PO BOX 99
CLARKSVILLE , IA 50619-0099
This disclosure contains information about
terms, fees, and interest rates for some of the accounts we
offer.
For current rate information call
(319) 346-1226.
HEALTH SAVINGS ACCOUNT
(SAVINGS)
Rate Information: This
Account is an interest bearing account. The interest rate
on the account is 3.00% with an annual percentage yield of
3.04%.
The interest rate and annual percentage yield may
change. At our discretion, we may change the interest rate
on the account MONTHLY. Interest begins to accrue on
the business day you deposit noncash items (for example,
checks). Interest will be compounded Monthly and will be
credited to the account monthly.
Balance Information: We use the
average daily balance method to calculate interest on your
account. This method applies a periodic rate to the average
daily balance in the account for the period. The average
daily balance is calculated by adding the principal in the
account for each day of the period and dividing that figure
by the number of days in the period.
Limitations: You must deposit
$100.00 to open this account. You may make six (6)
transfers from your account each four (4) week or similar
period, if by preauthorized or automatic transfer, or
telephone (including data transmission) agreement, order or
instruction. Transfers and withdrawals made in
person, by messenger, by mail or at an ATM are
unlimited.
Account Fees: There is no minimum
balance required for the Health Savings Account. A
$30.00 account setup fee will be charged upon the opening
of the account. A $10.00 annual administrative fee will be
charged to the account on February 1st of each year.
There must be sufficient funds for all items presented
against this account. Any items presented against
insufficient funds will be returned.
HEALTH SAVINGS ACCOUNT (CHECKING)
Limitations: You must maintain a Health
Savings Account (Savings) with this institution to be
eligible for this account. Deposits will not be
permitted directly into this account. This account
will maintain a zero balance. As debits are presented
to this account funds will be transferred from your Health
Savings Account (Savings). There is a limit of six
(6) debits per month from this checking account.
There must be sufficient funds in your Health Savings
Account (Savings) for items presented against this
account. Any items presented against insufficient
funds will be returned.
Account Fees: There is no monthly
maintenance fee and no minimum balance required for this
account. However, to be eligible for this account you
must maintain a Health Savings Account (Savings) with this
institution. Fees will apply on that account.
OTHER ACCOUNT FEES
The following fees apply to HEALTH SAVINGS
ACCOUNT (SAVINGS); and HEALTH SAVINGS ACCOUNT (CHECKING)
Accounts:
| account research: |
1/2 hour free, $15.00 per hour after |
| requested statement: |
$1.00 per copy |
MISCELLANEOUS FEES AND CHARGES
*Stop Payment Fee: $22.50 plus tax**
*Returned Deposit Item: $5.50 per item plus tax**
* All fees marked with an asterisk (*) are
subject to Iowa state sales tax of 5.00%.
** All fees marked with two asterisk (**) are
subject to Iowa local sales tax of 2.00%.
IOWA STATE BANK PRIVACY
POLICY
OUR PRIVACY COMMITMENT TO
YOU. Protecting your
privacy is important to Iowa State Bank. We want you to
understand what information we collect and how we use
it. In order to provide our customers with a broad
range of financial products and services as effectively and
conveniently as possible, we use technology to manage and
maintain customer information.
CONFIDENTIALITY, SECURITY, AND INTEGRITY OF YOUR
NONPUBLIC PERSONAL INFORMATION.We restrict access
to nonpublic personal information about you to those
employees who need to know that information to provide
products and services to you. We maintain physical,
electronic, and procedural safeguards that comply with
federal standards to guard your nonpublic personal
information.
INFORMATION WE COLLECT. We collect
nonpublic personal information about you from the following
sources:
- Information we receive from you on applications or
other forms
- Information about your transactions with us
- Information about your transactions and
nonaffiliated third parties
- Information from a consumer reporting agency
NONPUBLIC PERSONAL INFORMATION AND NONAFFILIATED
THIRD PARTIES.We do not share nonpublic personal
information with nonaffiliated third parties unless it is
necessary to effect, administer, or enforce a transaction
administered by you. In addition, we are also permitted
under law to disclose your nonpublic personal information
to government entities in response to subpoenas or
investigation of fraudulent activity and to credit bureaus.
The kinds of nonpublic personal information that we would
share in regards to the circumstances outlined above, would
be:
- Nonpublic personal information we receive from you
on applications or other forms, such as: Name, Address,
Social Security Number, Assets, and Income.
- Nonpublic personal information about your
transactions with us, such as: Account Balances,
Account Activity, Types of Accounts, Credit Card Usage,
Payment History, Deposit History, And Parties to the
Transactions.
- Information we receive from you on applications or
other forms
- Information about your transactions with us, our
affiliates, or others
- Information we receive from a consumer reporting
agency
We may also disclose nonpublic personal information
about you to nonaffiliated third parties as permitted by
law.
NONPUBLIC PERSONAL INFORMATION AND OUR
AFFILIATES.Federal law allows us to share your
nonpublic personal information with our affiliates.
However, since we value our customer relationship with you,
we will not disclose your nonpublic information to our
affiliates.
We do not share nonpublic information about our former
customers.
Notify Us of Inaccurate Information We Report To
Consumer Reporting Agencies. Please notify us if
we report any inaccurate information about your account(s)
to a consumer reporting agency. Your written notice
describing the specific inaccuracy(ies) should be sent to
us at the following address: Iowa State Bank 100 N
Main Street, PO Box 99 Clarksville, IA
50619-0099.
FUNDS AVAILABILITY POLICY
DISCLOSURE
YOUR ABILITY TO WITHDRAW FUNDS AT IOWA STATE
BANK. Our policy is to make funds from your
cash and check deposits available to you on the first
business day after the day we receive your deposit.
However, funds from electronic direct deposits will be
available on the day we receive the deposit. Once the
funds are available, you can withdraw them in cash and/or
we will use them to pay checks that you have written.
For determining the availability of your deposits, every
day is a business day, except Saturdays, Sundays, and
federal holidays. If you make a deposit before 2:OO
PM on a business day that we are open, we will consider
that day to be the day of your deposit. However, if
you make a deposit after 2:OO PM or on a day we are not
open, we will consider that the deposit was made on the
next business day we are open.
Reservation of Right to Hold. In
some cases, we 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 fifth business day after the day of your deposit.
The first $100 of your deposit, however, may be available
on the first business day after the day of your
deposit. If we are not going to make all of the funds
from your deposit available on the first business day, we
will notify you at the time you make your deposit. We will
also tell you when the funds will be available. If
your deposit is not made directly to one of our employees,
or if we decide to take this action after you have left the
premises, we will mail you the notice by the business day
after we receive your deposit. If you need the funds from a
deposit right away, you should ask us when the funds will
be available.
Longer Delays May Apply. We may
delay your ability to withdraw funds deposited by check
into your account an additional number of days for these
reasons:
- 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 six months.
- We believe a check you deposit will not be
paid.
- There is an emergency, such as failure of computer
or communications equipment.
We will notify you if we delay your ability to withdraw
funds for any of these reasons, and we will tell you when
the funds will be available. They will generally be
available no later than the eleventh business day after the
day of your deposit.
Holds On Other Funds. If we cash
a check for you that is drawn on another financial
institution, we may withhold the availability of a
corresponding amount of funds that are already in your
account. Those funds will be available at the time
funds from the check we cashed would have been available if
you had deposited it. If we accept for deposit a
check that is drawn on another financial institution, we
may make funds from the deposit available for withdrawal
immediately but delay your availability to withdraw a
corresponding amount of funds that you have on deposit in
another account with us. The funds in the other
account would then not be available for withdrawal until
the time periods that are described elsewhere in this
disclosure for the type of check that you deposited.
ELECTRONIC FUNDS TRANSFER AGREEMENT AND
DISCLOSURES
This Agreement and Disclosure is made in compliance with
federal law regulating electronic funds transfer (EFT)
services. Electronic funds transfers are
electronically initiated transfers of money involving an
account at the Financial Institution. The following
disclosures set forth your and our rights and
responsibilities concerning the electronic funds transfers.
In this Agreement, the words "you" and "your" mean those
who sign as applicants or any authorized user(s). The
words "we", "us" and "our" mean the Financial
Institution. The abbreviation "PIN" or word "code"
means a personal identification number.
ATM SERVICES
Types of Transfers: You may use the
automated teller machine (ATM) card and personal
identification number (PIN) issued to you to initiate
transactions at ATMs of ours, ATMs within the networks
identified on your card and such other facilities as we may
designate from time to time. Unless you specify a
different account during Automated Teller Machine (ATM)
transactions, your Primary Account will be used for your
transactions. Your Primary Account number and
information may be obtained from the ATM Request
Form. At present you may use your card to (some of
these services may not be available at all ATMs):
- Deposit funds to your checking account.
- Withdraw cash from your checking account.
- Deposit funds to your savings account.
- Withdraw cash from your savings account.
- Transfer funds between your checking and savings
accounts.
- Obtain balance information on your deposit
accounts.
Limitations on Frequency and
Amount:
- You may make three cash withdrawals from ATMs per
day.
- You may withdraw up to a maximum of $200.00 (if
there are sufficient funds in your account) per
day.
- For security purposes, there are limits on the
frequency and amount of transfers you may make at
ATMs.
Fees and Charges for ATM
Transactions:
- We do not charge for ATM transactions at the
present time.
- There is an Annual Card Fee of $15.00.
- There is a Replacement Card Fee of $10.00 per
card.
ATM Fees. When you use an ATM not owned by
us, you may be charged a fee by the ATM operator (and you
may be charged a fee for a balance inquiry even if you do
not complete a fund transfer).
PREAUTHORIZED ELECTRONIC FUNDS TRANSFERS
PREAUTHORIZED EFT
Types of Preauthorized Transfers:
You may arrange for us to complete the following
preauthorized transfers to your deposit accounts:
- Accept direct deposits from your employer or other
financial institutions to your checking or savings
account.
Fees and Charges:
- Will count as one debit/credit in service charge
computation.
- We will charge $22.50 plus tax for each
stop-payment order for preauthorized transfers.
Other EFT Transactions. You may access
certain account(s) you maintain with us by other EFT
transaction types as described below.
Electronic Check Conversion. You may
authorize a merchant or other payee to make a one-time
electronic payment from your account using information from
your check to pay for purchases or pay bills.
Electronic check conversion is a payment process in which a
merchant or other payee (after obtaining your
authorization) uses your check to gather routing, account,
and check number information to initiate a one-time
EFT. When information from your check is used to make
an electronic fund transfer, funds may be withdrawn from
your account as soon as the same day you make your
payment. This type of EFT transaction involving a
consumer account is covered by the Electronic Funds
Transfer Act and this disclosure. A description of
the transaction will appear on your statement.
Re-presented Check Transactions and Fees.
You may authorize a merchant to electronically collect a
fee associated with the re-presentment of a check that is
returned due to insufficient of unavailable funds.
The resulting fee transaction if debited as an EFT from a
consumer account is covered by the Electronic Funds
Transfer Act and this disclosure. A description of
the transaction will appear on your statement.
The following limitations may be applicable to
your accounts, except as provided by law:
Liability for Unauthorized VISA Point of Sale
Debit Card Transactions. Tell us AT ONCE,
if you believe your VISA point of sale debit card has been
lost or stolen or of any unauthorized transactions. Your
liability for unauthorized VISA point of sale debit card
transactions that take place on the VISA system is Zero
dollars ($0.00). We may require you to provide a
written statement regarding claims of unauthorized VISA
point of sale debit card transactions.
These provisions limiting your liability do not apply to
VISA commercial credit cards, ATM transactions, or PIN
transactions not processed by VISA; and apply only to cards
issued in the United States. With respect to
unauthorized transactions, these limits may be exceeded to
the extent allowed under applicable law (see
Liability for Unauthorized Transfers
paragraph below) only if we determine that you were grossly
negligent or fraudulent in the handling of your account or
point of sale debit card. For specific restrictions,
limitations, and other details see your Cardholder
Agreement. To notify us of lost or stolen cards, or
of unauthorized transactions, call or write to us at the
telephone number or address set forth below. This will help
prevent unauthorized access to your account and minimize
any inconvenience.
VISA is a registered trademark of Visa
International.
In addition to the limitations set forth above,
the following limitations may be applicable to your
accounts:
Liability for Unauthorized
Transfers.Tell us AT ONCE if you
believe your card, or ATM PIN has been lost or stolen or if
you believe that an electronic fund transfer has been made
without your permission using information from your check.
Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account
(plus your maximum overdraft line of credit). If you
tell us within two (2) business days after you learn of the
loss or theft of your card or code, you can lose no more
than $50.00 if someone used your card or code without your
permission. If you do NOT tell us within two (2) business
days after you learn of the loss or theft of your card or
code, and we can prove that we could have stopped someone
from using your card or code without your permission if you
had told us, you could lose as much as $500.00. Also,
if your statement shows transfers that you did not make,
including those made by card code or other means, tell us
at once. If you do not tell us within sixty (60) days after
the statement was mailed to you, you may not get back any
money lost after the sixty (60) days if we can prove that
we could have stopped someone from taking the money if you
had told us in time. If a good reason (such as a long trip
or a hospital stay) kept you from telling us, we will
extend the time periods. If you believe that your card or
code has been lost or stolen or that someone has
transferred or may transfer money from your account without
your permission, call ( 319) 278-4761, or write us at: Iowa
State Bank, PO Box 99, Clarksville, IA 50619-0099.
You should also call the number or write this address if
you believe a transfer has been made using the information
from your check without your permission.
Illegal Transactions. You may not use your
ATM, POS, or Debit Card, or other access device for any
illegal or unlawful transaction, and we may decline to
authorize any transaction that we believe poses an undue
risk of illegality or unlawfulness. Notwithstanding
the foregoing, we may collect on any debt arising out of
any illegal or unlawful transaction.
Business Days.For purposes of these
electronic funds transfer disclosures, our business days
are Monday through Saturday. Holidays are not included.
Documentation.
Periodic Statement. You will get a
monthly account statement from us, unless there are no
transactions in a particular month. In any case you
will get a statement quarterly. You will get a quarterly
statement from us on your savings account if this is the
only account you maintain and the only possible electronic
transfer to or from the account is a preauthorized
deposit.
Terminal Receipt.You can get a receipt
at the time you make a transfer to or from your account
using one of our ATMs. However, receipts for
transactions of $15.00 or less may not always be
available.
Direct Deposits. If you have
arranged to have direct deposits made to your account at
least once every sixty (60) days from the same person or
company, you can call us at (319) 346-1226 to find out
whether or not the deposit has been made.
Our Liability for Failure to Make
Transfers. If we do not complete a transfer to or
from your account on time or in the correct amount
according to our agreement with you, we will be liable for
your losses or damages. However, there are some exceptions.
We will NOT be liable for instance:
- If, through no fault of ours, you do not have
enough money in your account to make the transfer.
- If the money in your account is subject to legal
process or other claim restricting such transfer.
- If the transfer would go over the credit limit on
your overdraft line.
- If the ATM where you are making the transfer does
not have enough cash.
- If the terminal or system was not working property
and you knew about the breakdown when you started the
transfer.
- It circumstances beyond our control (such as fire
or flood) prevent the transaction, despite reasonable
precautions that we have taken.
- ___________________________________.
In Case of Errors or Questions About Your
Electronic Transfers. Telephone us at
(319) 278-4761, or write us at
Iowa State Bank, 100 North Main,
Clarksville, IA 50619 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. We must hear from you no later than sixty
(60) days after we sent the FIRST statement on which the
problem or error appeared.
- Tell us your name and account number (if any).
- 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 you need more
information.
- Tell us the dollar amount of the suspected
error.
If you tell us orally, we may require that you send us
your complaint or question in writing within ten (10)
business days.
We will determine whether an error occurred within ten
(10) business days after we hear from you and will correct
any error promptly. If we need more time, however, we
may take up to forty-five (45) days to investigate your
complaint or question. If we decide to do this, we
will credit your account within ten (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 us to complete
our investigation. If we ask you to put your complaint or
question in writing and we do not receive it within ten
(10) business days, we may not credit your account.
If a notice of error involves an electronic fund
transfer that occurred within thirty (30) days after the
first deposit to the account was made, the error involves a
new account. For errors involving new accounts, or
foreign-initiated transactions, we may take up to ninety
(90) days to investigate your complaint or question.
For new accounts, we may take up to twenty (20) business
days to credit your account for the amount you think is in
error.
We will tell you the results within three (3) 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.
If a notice of error involves unauthorized use of your
point of sale debit card with the VISA logo when it is used
as a VISA point of sale debit card, we will provide
provisional credit within five (5) business days after you
notify us instead of within ten (10) or twenty (20)
business days. We may withhold providing this
accelerated provisional credit, to the extent allowed under
applicable law, if the circumstances or account history
warrants the delay.
Confidentiality. We will disclose
information to third parties about your account or the
transfers you make:
- To complete transfers as necessary;
- To verify the existence and condition of your
account upon the request of a third party, such as a
credit bureau or merchant; or
- To comply with government agency or court orders;
or
- If you give us your written permission.
Personal Identification Number
(PIN).The ATM PIN issued to you is for your
security purposes. The numbers are confidential and
should not be disclosed to third parties or recorded on the
card. You are responsible for safekeeping your
PIN(s). You agree not to disclose or otherwise make your
ATM PIN available to anyone not authorized to sign on your
accounts.
Notices. All notices from us will
be effective when we have mailed them or delivered them to
your last known address on our records. Notices from
you will be effective when received by us at the telephone
number or the address specified in this Agreement. We
reserve the right to change the terms and conditions upon
which this service is offered. We will mail notice to you
at least twenty-one (21) days before the effective date of
any change, as required by law. Use of this service is
subject to existing regulations governing your account and
any future changes to those regulations.
Enforcement. In the event either
party brings a legal action to enforce this Agreement or
collect amounts owing as a result of any Account
transaction, the prevailing party shall be entitled to
reasonable attorneys' fees and costs, including fees on any
appeal, subject to any limits under applicable law.
Termination of ATM Services. You
agree that we may terminate this Agreement and your use of
the ATM Card services, if:
- You or any authorized user of your ATM PIN breach
this or any other agreement with us;
- We have reason to believe that there has been an
unauthorized use of your ATM PIN;
- We notify you or any other party to your account
that we have cancelled or will cancel this
Agreement. You or any other party to your account
can terminate this Agreement by notifying us in
writing.
Termination of service will be effective the first
business day following receipt of your written notice.
Termination of this Agreement will not affect the rights
and responsibilities of the parties under this Agreement
for transactions initiated before termination.
Preauthorized Electronic Fund
Transfers.
Stop Payment Rights. If you have
told us in advance to make regular electronic fund
transfers out of your account(s), you can stop any of these
payments. Here's how: Call us or write to us at the
telephone number or address set forth above, in time for us
to receive your request three (3) business days or more
before the payment is scheduled to be made. If you
call, we may also require you to put your request in
writing and get it to us within fourteen (14) days after
you call. We will charge you $22.50 for each stop
payment order you give.
Notice of Varying Amounts. If
these regular payments may vary in amount, the person you
are going to pay will tell you, ten (10) days before each
payment, when it will be made and how much it will
be. 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.
Liability for Failure to Stop Payment of
Preauthorized Transfers. If you order us to
stop one of these payments three (3) business days or more
before the transfer is scheduled, and we do not do so, we
will be liable for your losses or damages.
Other Provisions.There may be a delay
between the time a deposit is made and when it will be
available for withdrawal. You should review our Funds
Availability Policy to determine the availability of the
funds deposited at ATMs. We reserve the right to
refuse any transaction which would draw upon insufficient
funds, exceed a credit limit, lower an account below a
required balance, or otherwise require us to increase our
required reserve on the account.
SUBSTITUTE CHECK POLICY DISCLOSURE Substitute Checks and Your Rights
What is a substitute check?
To make check processing faster, federal law permits
credit unions and banks to replace original checks with
"substitute checks". These checks are similar in size
to original checks with a slightly reduced image of the
front and back of the original check. The front of a
substitute check states: "This is a legal copy of your
check. You can use it the same way you would use the
original check." You may use a substitute check as
proof of payment just like the original check.
Some or all of the checks that you receive back from us
may be substitute checks. This notice describes
rights you have when you receive substitute checks for
us. The rights in this notice do not apply to
original checks or to electronic debits to your
account. However, you have rights under other law
with respect to those transactions.
What are my rights regarding substitute
checks?
In certain cases, federal law provides a special
procedure that allows you to request a refund for losses
you suffer if a substitute check is posted to your account
(for example, if you think that we withdrew the wrong
amount from your account or that we withdrew money from
your account more than once for the same check). The
losses you may attempt to recover under this procedure may
include the amount that was withdrawn from your account and
fees that were charged as a result of the withdrawal (for
example, bounced check fees).
The amount of your refund under this procedure is
limited to the amount of your loss or the amount of the
substitute check, whichever is less. You also are
entitled to interest on the amount of your refund if your
account is an interest-bearing account. If your loss
exceeds the amount of the substitute check, you may be able
to recover additional amounts under other law.
If you use this procedure, you may receive up to
$2,500.00 of your refund (plus interest if your account
earns interest) within 10 business days after we received
your claim and the remainder of your refund (plus interest
if your account earns interest) not later than 45 calendar
days after we received your claim.
We may reverse the refund (including any interest on the
refund) if we later are able to demonstrate that the
substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to
a substitute check that you received and that was posted to
your account, please contact us at IOWA STATE BANK, 100 N
MAIN STREET, PO BOX 99, CLARKSVILLE, IA 50619-0099,
(319) 278-4761, isbc@iowastatebank.com. You must
contact us within 40 calendar days of the date that we
mailed (or otherwise delivered by a means to which you
agreed) the substitute check in question or the account
statement showing that the substitute check was posted to
your account, whichever is later. We will extend this
time period if you were not able to make a timely claim
because of extraordinary circumstances.
Your claim must include-
- A description of why you have suffered a loss (for
example, you think the amount withdrawn was
incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you
received is insufficient to confirm that you suffered a
loss; and
- A copy of the Substitute Check
DEPOSIT ACCOUNT AGREEMENT AND
DISCLOSURE
INTRODUCTION. In this Deposit
Account Agreement and Disclosure, each and all of the
depositors are referred to as "you" and "your." The
Financial Institution is referred to as "we, our," and
"us." This Deposit Account Agreement contains the
terms and conditions governing certain of your deposit
accounts with us. As used in this document, the term
"Agreement" means this document, the signature card, a rate
and fee schedule (which may be in the form of a Rate and
Fee Schedule, Time Certificate of Deposit, or Confirmation
of Time Deposit, hereinafter called the "Schedule"), Truth
in Savings disclosures, a Funds Availability Policy
Disclosure, and an Electronic Funds Transfer Agreement and
Disclosure, if applicable. Each of you signing the
signature card for a deposit account acknowledges receipt
of this Agreement, and agrees to the terms set forth in the
Agreement, as amended from time to time. You agree
that we may waive, in our sole discretion, any fee, charge,
term, or condition set forth in this Agreement at the time
the Account is opened or subsequent thereto, on a one-time
basis or for any period or duration, without changing the
terms of the Agreement or your obligation to be bound by
the Agreement, and we are not obligated to provide similar
waivers in the future or waive our rights to enforce the
terms of this Agreement.
DEPOSIT ACCOUNTS. From time to
time, we may offer or you may open a variety of deposit
accounts. Each such account (the "Account") is
subject to the general terms and conditions and any
specific terms and conditions relating to that type of
account that may be set forth in this Agreement. If
you open multiple Accounts, you may receive Schedule
information for each Account, but this Agreement will cover
all your Accounts with us. Each of you will be
jointly and severally liable to us for debit balances in
the Account, including without limitation overdrafts and
Account charges, and jointly and severally promise to pay,
upon demand, any and all debit balances, all fees and
charges, and our reasonable attorneys' fees and costs and
expenses of collection, including but not limited to those
incurred at trial and on any appeal.
INTEREST. If your Account earns
interest, the following information applies:
(A) Payment of Interest. We will pay
interest at the annual rate specified on the Schedule,
which does not reflect compounding ("Interest Rate"). The
Schedule also sets forth the frequency of interest
payments, the frequency of any compounding and crediting,
the interest accrual basis, the balance on which interest
will be paid, and any minimum balance requirements.
(B) Minimum Balance Requirements.
The Schedule may specify a minimum balance that you are
required to maintain in your Account. If the minimum
balance is not maintained during a specified period, we, at
our option, may not pay interest on your Account and/or may
charge a fee for that period. You should review any
minimum balance requirements on the Schedule.
(C) Initial Interest Rate. The
initial interest rate is the current annual rate of
interest that we will pay on the specified balance in your
Account. We may pay interest at different rates,
depending on the amount deposited and the type of depositor
(individual, business, non-profit organization,
etc.). (D) Interest Compounding and
Crediting. The Schedule will indicate the
interest compounding and crediting frequency for your
Account (if any). Compounding generally means that
interest is being accrued on earned interest.
Interest may be compounded more frequently than interest is
credited to your Account. (E) Interest
Accrual. We may accrue interest on your
Account more frequently than we pay or credit
interest. The interest that has been calculated, but
not paid to the Account, is called accrued unpaid interest.
(F) Changes. We have the right to
change the rates and fees in accordance with the terms of
the Schedule. We also reserve the right to change any other
term of this Agreement at our sole discretion.
FEES AND CHARGES. Subject to
applicable law, you agree to pay us the fees and charges
shown in the Schedules as are applicable to your Account or
for other services performed by us. You agree the fees and
charges may be changed by us from time to time and
authorize us to charge your account for their payment
whether or not each charge results in an overdraft of your
account. Existing and future charges may be based
upon the overall costs of providing account services and
may or may not be based upon the direct cost or expense
associated with providing the particular service involved.
The charges may be based on consideration of profit,
competitive position, deterrence of misuse of account
privileges by customers, and the safety and soundness of
the financial institution. We will notify you of the
changes, to the extent required by law.
BALANCE METHODS. As used in this
Agreement, the "average daily balance" method means "the
application of a periodic rate to the average daily balance
in the account for the period, determined by adding the
full amount of principal in the account for each day of the
period and dividing that figure by the number of days in
the period." The "daily balance" method means "the
application of a daily periodic rate to the full amount of
principal in the account each day."
DEPOSIT RULES. The following
terms apply to deposits made to your Account: (A)
Endorsements. You authorize us to accept
transfers, checks, and other items for deposit to your
Account if they are made payable to, or to the order of,
any one or more of you, whether or not they are endorsed by
you. You authorize us to supply missing endorsements,
and you warrant that all endorsements are genuine.
All checks and other items deposited to your Account should
be endorsed payable to the order of us for deposit only,
followed by your signature and Account number. All
endorsements must appear on the back of the check or other
item within the first 1-1/2 inches from the left side of
the item when looking at it from the front.
Endorsements should be in black ink. While we may
accept non-conforming endorsements, you will be responsible
for any loss incurred by us due to the delay in processing
or returning the item for payment. (B) Final
Payment. All non-cash items (for example,
checks) deposited to your Account are posted subject to our
receipt of final payment by the payor bank. Upon
receipt of final payment, the item becomes a collected
item. If final payment is not received or if any item
you have deposited or cashed is charged back to us for any
reason, you authorize us to charge any of your Accounts,
without prior notice and at any time, for the amount of the
returned item, our returned item fee, any interest paid on
that item, and any other fee we pay or incur. If an
item to be charged back is lost in the process of
collection or unavailable for return, we may rely upon a
photocopy of the item or upon any other generally accepted
notification of return of the item, in charging you or any
of your Accounts for the amount of the returned item.
We reserve the right to refuse any item for deposit into
your Account. (C) Notice of Stop Payment,
Legal Process, or Setoff. A check received
by us before the close of the banking day may be subject to
any stop payment order received, legal process served upon,
or setoff exercised by us prior to 2:00 PM of the next
banking day. Any knowledge, notice, stop payment
order, legal process, or setoff comes too late to affect
our right or duty to pay a check if it is received after
that time. Additional limitations regarding stop
payment orders, the right of setoff, or other legal process
may be found elsewhere in this Agreement. (D)
Direct Deposits. If we offer direct deposit
services for automatic preauthorized deposits to your
Account of Social Security payments or automatic transfers
from your other accounts with us, you must notify us at
least thirty (30) days prior to the next scheduled direct
deposit or preauthorized transfer if you wish to cancel the
direct deposit or transfer service. If any amount
deposited must be returned to the government for any
reason, you authorize us to deduct the amount from your
Account as provided in the Final Payment paragraph
above. (E) Crediting of
Deposits. The Funds Availability Policy
Disclosure provided to you reflects our policies relating
to the availability of deposited funds. (F)
Substitute Checks and Electronic Files Pertaining to
Original Checks. If you deposit a "substitute
check" (as defined in Regulation CC § Section
229.2(aaa)) or a purported substitute check into you
Account, you agree to reimburse us for losses, costs and
expenses we may pay or incur associated with the item not
meeting applicable substitute check standards and/or from
duplicate payments associated with the item. If your
provide us with an electronic representation of a
substitute check for deposit into your account instead of
an original check, you agree to reimburse us for losses,
costs and expenses we may pay or incur associated with the
substitute check resulting from the electronic
representation not meeting applicable substitute check
standards and/or from duplicate payments associated with
the item.
CHECK 21 ACT PROVISION. Iowa State Bank
customers are required to write checks in blue or black ink
to accommodate Check 21 processing standards.
OVERDRAFT CHECKING- CUSTOMER OVERDRAFT
POLICY. An insufficient balance could result in
several ways, such as: a) the payment of checks,
electronic funds transfers, or other withdrawal requests;
b) payments authorized by you; c) the return of unpaid
items deposited by you; d) the assessment of bank service
charges; or e) the deposit of items which, according to the
bank's Funds Availability Policy, are treated as not yet
available or finally paid. We are not obligated to
pay any item presented for payment if your account does not
contain sufficient funds. Rather than automatically
returning, unpaid, any non-sufficient funds items that you
have, if your eligible account is in good standing, which
includes at least: a) you are not in default on any
loan obligation to Iowa State Bank, b) you bring your
account to a positive balance (not overdrawn) at least once
every fifteen (15) calendar days, and c) your account is
not the subject of any legal or administrative order or
levy, we will consider- as a discretionary courtesy or
service and not a right of yours nor an obligation on our
part- approving your reasonable overdrafts. As an
alternative, you may initiate an automatic transfer
authorization to have funds transferred from another
account at the Bank to cover an overdraft. Normally,
we will not approve an overdraft for you in excess of your
limit including any overdraft handling charge(s). We
may refuse to pay an overdraft for you at any time, even
though we may have previously paid overdrafts for
you. You will be notified by mail of any
non-sufficient funds items paid or returned that you have;
however, we have no obligation to notify you before we pay
or return any item. The amount of any overdraft plus
our overdraft or non-sufficient funds charge(s) of $22.50
per item that you owe us shall be due and payable upon
demand. If there is an overdraft paid by us on an
account with more than (1) owner on the signature card,
each owner, and agent if applicable, drawing/creating the
item creating the overdraft, shall be jointly and severally
liable for such overdraft, plus our overdraft or
non-sufficient funds handling charge(s) of $22.50 per
item. You may be able to access your overdraft
checking limit through a teller, ATM, ACH, check or debit
card purchase.
LIMITATIONS: Available to individually
owned accounts in good standing for personal or household
use. If the overdraft checking service is suspended
on three occasions in a 12-month period, the overdraft
checking service will be revoked for a period of at least
six months. The fees charged for the items paid into
overdraft or returned, as well as the amount of the
overdraft item(s), will be subtracted from the disclosed
overdraft protection dollar limit. The order in which
transactions are received and processed can affect the
total amount of overdraft fees incurred by a
customer. Iowa State Bank reserves the right to limit
participation to one account per household and to
discontinue this product at any time with prior
notice. Please advise a Customer Service
Representative if you do not wish to have this service
available on your account.
WITHDRAWAL RULES. The following
terms apply to withdrawals from your Account:
(A) Manner of Withdrawal. You may
make withdrawals from your Account in any manner that is
permitted by us for the type of Account that you have
opened. Withdrawals by mail will be posted to your
Account as of the day the transaction is processed by
us. We may refuse to accept any check other than
standard checks provided by us, or approved by us in
advance. Withdrawals and transfers from your Account
may be restricted as provided in the Agreement, or in the
Schedule, or by applicable law. (B)
Withdrawal Restrictions and Overdrafts. We
do not have to allow you to make a withdrawal from your
Account if you don't have sufficient available funds in the
Account to cover the full amount of the withdrawal.
If there are available funds to cover some, but not all,
of the withdrawals or other debits to your Account on a
single business day, we will post the checks for which
there are sufficient available funds in any order we may
choose at our sole discretion. We may pay other
withdrawals of debit items (such as charges) prior to
paying any checks, and we may post those other withdrawals
or debit items in any order we may choose at our sole
discretion. If there are insufficient available funds
to cover some of the withdrawals or debits presented
against your Account, such items will be handled in
accordance with our overdraft procedures or in accordance
with any other agreement you may have with us (such as an
overdraft protection program). Even if we choose to
pay one or more overdrafts, we are not obligated to cover
any future overdrafts. We may determine the balance of your
account in connection with determining whether payment of
an item will create an overdraft at any time between the
time we receive the item and the deadline for us to take
action on the item. We are not required to determine your
account balance more than one (1) time during this
period. A service charge may be assessed on any
withdrawal created by check, in-person withdrawal, ATM
withdrawal, or other electronic means, that will overdraw
the available account balance, regardless of whether we pay
or dishonor (return) the item. You agree, immediately upon
notice from us, to deposit funds sufficient to cover any
overdraft plus service charges, if required. We will
not be liable for the dishonor of any item when the
dishonor occurs because we setoff a debt against your
account. We also may refuse to allow a withdrawal if
there is a dispute about the Account (unless a court has
ordered us to allow the withdrawal), the Account is
garnished or attached, the Account has been pledged as
collateral for a debt, the availability of the funds on
deposit cannot be verified, any required documentation has
not been presented, or you fail to repay an obligation to
us on time. (C) Notice
Requirements. Federal regulations require us
to retain the right to require you to give at least seven
(7) days notice in writing prior to any intended withdrawal
from a savings, negotiable order of withdrawal ("NOW"), or
money market account. Although we usually pay
withdrawals or checks without notice on these accounts,
doing so does not mean that we give up this right.
(D) Postdated Items. You agree that
when you write a check, you will not date the check in the
future. If you do and the check is presented for
payment before the date of the check, we may pay it or
return it unpaid. You agree that if we pay the check,
the check will be posted to your Account on the date we pay
the check, even though the posting date is prior to the
date of the check. You further agree that we are not
responsible for any loss to you in doing so. We will
not honor a postdated check if we receive advance notice
from you at such a time and in such a manner as to afford
us reasonable opportunity to act. The notice must be
in writing, and it must specify the date, amount, and
number of the check, along with the name of the
payee. Notices are effective for the time periods
stated under STOP PAYMENT ORDERS. You agree that we
may return a postdated check to the presenter.
(E) Power of Attorney. The person
executing a power of attorney will be referred to as the
principal and the person acting for the principal as the
agent. We may refuse to comply with a power of attorney for
reasonable cause, or until we receive an affidavit from the
agent stating that the Power of Attorney presented is a
true copy and that, to the best of the agent's knowledge,
the principal is alive and that the relevant powers of the
agent have not been altered or terminated.
(F) Signatures. You recognize that
we have adopted automated collection and payment procedures
so that we can process the greatest volume of items at the
lowest possible cost to our customers. In light of
this, you agree that we do not fail to exercise ordinary
care in paying an item solely because our procedures do not
provide for the sight examination of items with a face
amount below an amount specified by us from time to
time. You authorize us to store and use Signature
Card information in any reasonable form we deem necessary,
including any digitized signature capture process. If you
use a facsimile signature or other form of mechanically
reproduced signature (such as, but not limited to, desktop
publishing, digitized, or computer software generated
signature), you agree you shall have the sole
responsibility for maintaining security of the facsimile or
mechanically reproduced signature and the device by which
the facsimile or mechanically reproduced signature is
affixed and you shall bear the entire risk for unauthorized
use thereof whether or not you are negligent. You
agree that no facsimile or mechanically reproduced
signature we have been authorized to honor may be
considered a forgery or an unauthorized signature, but that
such facsimile or mechanically reproduced signature shall
be effective as your signature or endorsement whether or
not you have been negligent. You further agree to
indemnify and hold us harmless from and against any and all
loss, costs, damage, liability, or exposure (including
reasonable attorney's fees) we or you may suffer or incur
as a result of the unlawful use, unauthorized use, or
misuse by any person of any such facsimile or mechanically
reproduced signature or the device by which it is
affixed. If you use any form of facsimile or
mechanically reproduced signature device, you agree to
deliver a sample to us if we request it. (G)
Preauthorized Drafts. If we are unable to
enforce presentment and transfer warranties on remotely
created checks under Regulation CC, then if you voluntarily
give information about your Account (such as our routing
number and your account number) to a party who is seeking
to sell you goods or services, and you do not physically
deliver a check to the party, any debit to your account
initiated by the party to whom you gave the information is
deemed authorized by you. (H) Electronic
Check Conversion. You may authorize
a merchant or other payee to make a one-time electronic
payment from your account using information from your check
to pay for purchases or pay bills. The merchant or
other payee uses the check information, along with the
transaction amount, to initiate an ACH debit
transaction. The transaction is electronically
transferred through the ACH system and the funds will be
debited directly from your account and deposited
automatically into the merchant or payee's account.
When information from your check is used to make an
electronic fund transfer, funds may be withdrawn from your
account as soon as the same day you make your
payment. A description of the transaction will appear
on your statement from us. Checks used in these types
of transactions will not be returned with your
statement. This type of electronic funds transfer
from a consumer account is governed by the Electronic Funds
Transfer Act and subject to the Electronic Funds Transfer
Agreement and Disclosure(s). (I)
Re-presented Checks. If a merchant
electronically re-presents a check returned due to
insufficient or uncollected funds, that transaction is not
covered by the Electronic Funds Transfer
Act. Checks involved in this type of
transaction will not be included with your statement.
You may authorize a merchant to electronically collect a
fee associated with the re-presentment of a check. If
a merchant electronically collects a fee associated with
the re-presentment of a check, the fee transaction is
covered by the Electronic Funds Transfer Act and subject to
the Electronic Funds Transfer Agreement and Disclosures if
the fee is debited as an electronic funds transfer from a
consumer account. A description of the transaction
will appear on your statement. (J)
Check Legends. We may disregard
information on any check or item other than the signature
of the drawer, the identification of the drawee financial
institution and payee, the amount, the endorsements, and
any other information that appears on the MICR line.
In addition, we are not responsible to take action on, or
for failure to notify you of restrictive language placed on
checks or other items, including by not limited to terms
such as, "Void after 90 Days," "Paid in Full," "Two
Signatures Required," "Void Over $100" or similar
statements. In accordance with reasonable banking
standards, most checks and other items are processed
through automated processing and, except in limited
circumstances and in our discretion, most items are not
individually examined. You agree that we act within
reasonable banking standards by processing most checks and
other items through automated processing systems. We
may agree to adhere to extraneous legends if you notify us
of such legends and we have agreed in writing to honor such
legends.
STALE CHECKS. We reserve the
right to pay or dishonor a check more than six (6) months
old without prior notice to you.
CHECKING ACCOUNTS. If your
account is a checking account, the following terms may
apply. No interest will be paid on any demand deposit
checking account with us. If we offer NOW (interest
bearing checking) accounts, the account must consist solely
of funds in which the entire beneficial interest is held by
one or more individuals in an individual capacity, a sole
proprietor, or a governmental unit, but not professional
corporations or business partnerships. A NOW account
may also be held by a for profit organization serving in a
fiduciary or trustee capacity for an entity that is itself
permitted to hold a NOW account. Otherwise, an
organization may hold a NOW account only if it is operated
primarily for religious, philanthropic, charitable,
educational, or other similar purpose.
SAVINGS ACCOUNTS. If your account
is an interest bearing account and is not a NOW account or
time deposit, the following terms may apply.
(A) Transfers and Withdrawals. If
your Account is a savings or money market deposit account,
federal law requires that an Account Holder may make no
more than six (6) transfers and/or withdrawals during any
one (1) calendar month or statement cycle (the period from
one statement to the next) or similar period of at least
four weeks, to another of your accounts with us or to a
third party by means of a preauthorized or automatic
transfer, or telephonic (including data transmission)
agreement, order or instruction. No more than three
(3) of the six (6) transfers may be made by check, draft,
debit card, or similar order made by you and payable to
third parties. If you exceed more than three (3) such
transfers, we need not honor the item. A
"preauthorized transfer" includes any arrangement by us to
pay a third party from your account upon written or oral
instruction (including an order received through an
automated clearing house (ACH) or any arrangement by us to
pay a third party from your account at a predetermined time
or on a fixed schedule.) (B) Excess
Transactions. In accordance with federal
law, if you have more than the allowable preauthorized
transfers or preauthorized checks or drafts (for money
market accounts) in any one period, your Account may be
subject to closure by us and the funds placed in another
account that you are eligible to maintain, or we may take
away the transfer and draft capabilities of the
account. In addition to the above preauthorized
transfers, you may make unlimited withdrawals (payments
directly to you or transfers of funds from your Account to
any of your other deposit accounts or loan accounts with
us), either in person at our locations, by mail, messenger,
telephone (via check mailed to you), or use of an ATM card
(if applicable).
TIME DEPOSITS. If your Account is
a time deposit, you have agreed to keep the funds on
deposit until the maturity of your Account. If your
Account has not matured, any withdrawal of all or part of
the funds from your Account may result in an early
withdrawal penalty. We will consider requests for early
withdrawal and, if granted, the penalty provided in the
Schedule will apply. (A)
Penalty. The early withdrawal penalty is
calculated as a forfeiture of part of the accrued interest
that has or would be earned on the Account. If your
Account has not yet earned enough interest so that the
penalty can be deducted from earned interest, or if the
interest already has been paid, the difference will be
deducted from the principal amount of your Account.
For fixed rate Accounts, we will use the rate in effect for
your deposit. (B) Exceptions.
We may let you withdraw money from your Account before the
maturity date without an early withdrawal penalty:
(1) when one or more of you dies or is determined
legally incompetent by a court or other administrative body
of competent jurisdiction; or (2) when the Account is
an Individual Retirement Account (IRA) established in
accordance with 26 USC 408 and the money is paid within
seven (7) days after the Account is opened; or (3)
when the Account is a Keogh Plan (Keogh), if you forfeit at
least the interest earned on the withdrawn funds; or
(4) if the time deposit is an IRA or Keogh Plan
established pursuant to 26 USC 408 or 26 USC 401, when you
reach age 59 1/2 or become disabled; or (5) within an
applicable grace period (if any).
STOP PAYMENT ORDERS. Subject to
certain limitations, you may order us to stop payment on
any check or other item payable from your Account, whether
drawn by you or any other account holder. The stop
payment request will be effective if we receive the order
at such time and in such manner as to afford us a
reasonable opportunity to act upon the order. The
stop payment order is effective for six (6) months, but it
lapses after fourteen (14) calendar days if the original
order was oral and was not confirmed in writing within that
period. A stop payment order may be renewed for an
additional six (6) month periods if renewed during a period
within which the stop payment order is effective. We
will require you to provide the date, the amount, and the
number of the item, together with the name of the
payee. If you give us incorrect information, we will
not be liable for failing to stop payment on the
item. Our acceptance of a stop payment order will not
constitute a representation that the item has not already
been paid or that we have a reasonable opportunity to act
upon the order. You may not stop payment on an
official, certified, cashier's, or teller's check issued by
us, or request us to stop payment if we have otherwise
become accountable for the item. In addition, you may
not stop payment on checks governed by separate agreement,
such as a check guaranty agreement. Further, you may
not stop payment on an item after acceptance of the item by
us. Based upon the type of account ownership that you
have designated, the following terms and conditions
apply.
INDIVIDUAL ACCOUNTS. An
Individual Account is an account in the name of one
depositor only. Only that person may write checks
against the Account or withdraw money, regardless of who
actually owns the funds.
MULTIPLE-PARTY ACCOUNTS. This
section pertains to multiple party accounts:
(A) Joint Account Ownership. An
account with two or more Account Holders is a joint
account. Unless you designate otherwise on the Signature
Card, joint Account Holders will be considered joint
tenants with right of survivorship.
(1) Joint Tenants With Right of
Survivorship. If your Account is a joint
account with right of survivorship, upon the death of one
of the joint Account Holders, that person's ownership
interest in the Account will immediately pass to the other
joint Account Holder(s).
(2) Joint With No Right of
Survivorship. If your Account is a joint
account with no right of survivorship (Joint as Tenants in
Common), upon the death of one of the joint Account
Holders, that person's proportionate ownership interest
will pass to the estate of the deceased Account Holder.
Each joint Account Holder, without the consent of any
other Account Holder, may, and hereby is authorized by
every other joint Account Holder, to make any transaction
permitted under the Agreement, including without
limitation: to withdraw all or any part of the
account funds; to pledge the account funds as
collateral to us for any obligation, whether that of one or
more Account Holders or of a third party; to endorse
and deposit checks and other items payable to any joint
Account Holder; to give stop payment orders on any
check or item, whether drawn by that Account Holder or
not; and, to close the account, with the disbursement
of account proceeds as instructed by the joint Account
Holder. Each joint Account Holder is authorized to
act for the other Account Holder(s) and we may accept
orders and instructions regarding the account from any
joint Account Holder. If we believe there to be a
dispute between joint Account Holders or we receive
inconsistent instructions from the Account Holders, we may
suspend or close the account, require a court order to act,
and/or require that all joint Account Holders agree in
writing to any transaction concerning the account.
Your obligations under the Agreement are joint and
several. This means that each joint Account Holder is
fully and personally obligated under the terms of the
Agreement, including liability for overdrafts and debit
balances as set forth above, irrespective of which joint
Account Holder benefited from the withdrawal. If you
establish a joint account without the signature of the
other joint Account Holder(s), you agree to hold us
harmless for our reliance upon your designation of the
other joint Account Holder(s) listed on our
documents. Further, the Account is subject to the
right of setoff as set forth below.
(B) Totten Trust Account. A
Totten Trust Account is an informal trust account,
reflected on our records, but without a written trust
agreement, where the account is owned by the trustee.
The beneficiaries have no right to any funds in the Account
during the trustee's lifetime. As the owner of the
Account, the trustee may withdraw money from the account
and may, by written direction to us, change the beneficiary
under the account. When the trustee dies, the account
is owned by the named beneficiary or beneficiaries.
If the Totten Trust Account is held by more than one
trustee, the trustees will be subject to the rules
pertaining to joint account ownership as set forth
above. If there is no surviving beneficiary upon the
death of the last trustee, state law will determine
ownership of the funds in the Account.
(C) P.O.D. Account. A Payable on
Death (P.O.D.) Account is an account payable to the Account
Holder during his or her lifetime. As the owner of
the Account, you may withdraw money from the Account and
may, by written direction to us, change the P.O.D. payee(s)
under the Account. When the Account Holder dies, the
Account is owned by the P.O.D. payee(s). If the
P.O.D. Account is held by more than one person, each
Account Holder will be subject to the rules pertaining to
joint account ownership as set forth above. If there
is more than one surviving P.O.D. payee, the respective
interest of each shall be deemed to be in equal shares,
unless otherwise stated in the Financial Institution's
deposit account records and as allowed by applicable state
law. If there is no surviving P.O.D. payee upon the
death of the last owner, state law will determine ownership
of the funds in the Account.
ADDITIONAL ACCOUNT TYPES. This
section applies to other deposit account types:
(A) Formal Trust Account. A
Formal Trust Account is an account held by one or more
trustees for the benefit of one or more beneficiaries
according to a written trust agreement. Upon our
request, the trustee(s) will supply to us a copy of any
trust agreement covering the account. We act only as
custodian of the trust funds and are under no obligation to
act as a trustee or to inquire as to the powers or duties
of the trustee(s). The trustee(s) and/or any person
opening the Account, in their individual capacity and
jointly and severally, agree to indemnify and hold us
harmless from and against any and all loss, costs, damage,
liability, or exposure, including reasonable attorney's
fees, we may suffer or incur arising out of any action or
claim by any beneficiary or other trustee with respect to
the authority or actions taken by the trustee(s) in
handling or dealing with the Account.
(B) Uniform Transfer to Minors.
If you have established the account as a custodian for a
minor beneficiary under our state version of the Uniform
Transfers to Minors Act or the Uniform Gifts to Minors Act,
your rights and duties are governed by the Act. You
will not be allowed to pledge the account as collateral for
any loan to you. Deposits in the account will be held
by us for the exclusive right and benefit of the
minor. The custodian and/or any person opening the
Account, in their individual capacity, agree to indemnify
and hold us harmless from and against any and all loss,
costs, damage, liability, or exposure, including reasonable
attorney's fees, we may suffer or incur 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 the Account.
(C) Representative Payee
Accounts. Subject to applicable law, a
Representative Payee Account is a type of fiduciary account
in which a representative payee (appointed by the Social
Security Administration) manages Social Security and
Supplemental Security funds received on behalf of a
beneficiary. Upon our request, the representative
payee will provide sufficient documentation from the Social
Security Administration indicating his or her appointment
as a representative payee for the Account Holder. We
may require additional documentation from the
representative payee indicating his or her authority to act
on behalf of the Account Holder. The representative
payee does not have an ownership interest in funds in the
Account. The representative payee does not have a
right of survivorship in the Account on the death of the
Account Holder. We act only as custodian of the funds
and are under no obligation to act as a trustee or to
inquire as to the powers or duties of the representative
payee. The representative payee agrees to indemnify,
and hold us harmless from and against any and all loss,
cost, damage, liability, or exposure, including reasonable
attorneys' fees, we may suffer or incur arising out of any
action or claim by the beneficiary, a government entity or
by any other party regarding the authority or actions taken
by the representative payee in handling or dealing with the
Account.
(D) Agency Account. An Agency
Account is an account to which funds may be deposited and
withdrawals made by an Agent designated by the owner of the
funds. An Agent has full authority with regard to the
Account but does not have an ownership interest in the
account. An Agency Account is revocable at any time
by notifying us in writing. An Agency designation may
be combined with one of the other forms of account
ownership.
(E) Business Accounts. If the Account is
not owned by a natural person (for example, it is owned by
a corporation, partnership, limited liability company, sole
proprietorship, unincorporated association, etc.), then the
Account Holder must provide us with evidence to our
satisfaction of the authority of the individuals who sign
the signature card to act on behalf of the Account
Holder. On any transactions involving the Account, we
may act on the instructions of the person(s) authorized in
the resolutions, banking agreement, or certificate of
authority to act on behalf of the Account Holder. You
agree to notify us in writing of any changes in the
person(s) authorized or the form of ownership. If we
receive conflicting instructions or a dispute arises as to
authorization with regard to the handling of the Account,
you agree we may place a hold on the Account until such
conflict or dispute is resolved to our satisfaction and we
will not be liable for dishonored items as a result of such
hold.
(F) Fiduciary Accounts. With
respect to all fiduciary accounts, including but not
limited to estate accounts, guardianship accounts,
representative payee accounts, and conservatorship
accounts, and any Formal Trust Account, Uniform Transfer to
Minors Act Account, or Agency Account, we reserve the right
to require such documents and authorizations as we may deem
necessary or appropriate to satisfy that the person(s)
requesting or directing the withdrawal of funds held in the
Account have the authority to withdraw such funds.
This applies at the time of account opening and at all
times thereafter.
(G) Attorney Client Trust. Subject to
applicable law, an Attorney Client Trust is an account set
up by an attorney or law firm to hold client or third party
funds in trust, separate from the attorney's or law firm's
funds. Upon our request, the authorized signers for
an Attorney Client Trust will provide documentation
required by applicable state law and applicable bar
association (or similar entity) rules. We act only as
custodian of the trust funds and are under no obligation to
act as a trustee or to inquire as to the powers or duties
of the attorney or law firm as trustee(s). The
attorney, law firm, or any authorized individual on the
account agrees to indemnify and hold us harmless from and
against any and all loss, costs, damage, liability, or
exposure, including reasonable attorney's fees, we may
suffer or incur arising out of any action or claim by any
beneficiary or third party with respect to the authority,
actions, or inaction taken by the trustee(s) or authorized
individuals in handling or dealing with the account.
Additional account terms are governed by a separate
agreement.
(H) Real Estate Broker Client Trust
Accounts. Subject to applicable law, a real
estate broker may open account(s) to hold client or third
party funds in trust, separate from the broker's
funds. We act only as custodian of the funds.
We are under no obligation to act as a trustee or to
inquire as to the powers or duties of the broker or other
authorized signer(s) as trustee(s). The broker and
any authorized individual on the account in their
individual capacity and jointly and severally, agree to
indemnify and hold us harmless from and against any and all
loss, costs, damage, liability, or exposure, including
reasonable attorney's fees, we may suffer or incur arising
out of any action or claim by any client or third party
with respect to the authority, actions or inaction taken by
the broker or authorized signer(s) in handling or dealing
with the Account. Upon our request, the authorized
signer(s) for this type of account will provide to us any
documents required by applicable law and/or real estate
professional rules.
ASSIGNABILITY.
The account established under this Agreement is not
assignable or transferable except with our consent.
We must approve any pledge of the Account and any such
pledge remains subject to any right we have under the
Agreement and applicable state and federal law. If
ownership is proposed to be transferred, we may require the
Account be closed and a new account opened in the name of
the transferee or pledgee.
FINANCIAL INSTITUTION LIABILITY.
You agree that if we do not properly complete a transaction
according to the Agreement, we will not be liable in any
event for losses or damages in excess of the amount of the
transaction, and we will not be liable if circumstances
beyond our control prevent the transaction, or the funds in
your Account are or may be subject to legal process or
other claim. In no event will we be liable for
consequential damages. In receiving items from you
for withdrawal or deposit, we act only as your agent.
You are responsible for the condition of a check or item
when you issue it. If a check or item is returned or
payment is delayed as a result of any writing or marking
that you or a prior endorser placed on the front or back of
the check or item, you will be responsible for any cost and
liabilities associated with such return or delay. We
reserve the right to refuse any item for deposit or to
reverse credit for any deposited items or to charge your
Account for items should they become lost in the collection
process.
RIGHT OF SETOFF. Subject to
applicable law, we may exercise our right of setoff or
security interest against any and all of your Accounts
(except IRA, HSA, Keogh plan and Trust Accounts) without
notice, for any liability or debt of any of you, whether
joint or individual, whether direct or contingent, whether
now or hereafter existing, and whether arising from
overdrafts, endorsements, guarantees, loans, attachments,
garnishments, levies, attorneys' fees, or other
obligations. If the Account is a joint or
multiple-party account, each joint or multiple-party
account holder authorizes us to exercise our right of
setoff against any and all Accounts of each Account
Holder.
DORMANT ACCOUNTS. If you have not
made a withdrawal from, or a deposit to, your Account for
an extended period of time and we have been unable to
contact you, your Account may be classified by us as
dormant. Subject to applicable law, we will charge a
dormant account fee on the Account, and the Account will be
presumed to be abandoned. In accordance with state
law, funds in abandoned accounts will be remitted to the
custody of the applicable state agency, and we will have no
further liability to you for such funds. We reserve
the right not to send statements on accounts we consider
dormant, subject to applicable law.
ACCOUNT STATEMENTS. You are
responsible for promptly examining your statement each
statement period and reporting any irregularities to
us. Each account statement will be considered to
correctly reflect your transactions, such as deposits,
withdrawals, credits, refunds, imposition of fees, interest
or dividends, and other additions and subtractions to your
Account, unless you notify us in writing within certain
time limits after the statement that incorrectly reflects
your transactions is made available to you. We will
not be liable for any check that is altered or any
signature that is forged unless you notify us within Thirty
(30) calendar days after the statement and the altered or
forged item(s) are made available. Also, we will not
be liable for any subsequent items paid, in good faith,
containing an unauthorized signature or alteration by the
same wrongdoer unless you notify us within Ten (10)
calendar days after the statement and first altered or
forged items were made available. You must report any
other Account problem including encoding errors, and
errors involving additions or subtractions (debits and
credits) not otherwise covered herein, including electronic
transactions not covered by the Electronic Funds Transfer
Act, within Thirty (30) calendar days. If the
suspected account problem involves a substitute check that
you receive, you may (under some circumstances) be entitled
to make a claim for an expedited refund. Such a claim
may be subject to different notification timeframes.
See the Substitute Check Policy Disclosure (if applicable)
for further information. If you have requested us to
hold your Account statements, we have the right to mail
your statements if you have not claimed them within Ten
(10) calendar days. If we truncate your checks, you
understand that your original checks will not be returned
to you with your statement. You agree that our
retention of checks does not alter or waive your
responsibility to examine your statements or change the
time limits for notifying us of any errors.
WHOLESALE WIRE AND ACH
TRANSACTIONS. With respect to wire transfers
or other transfers of funds not governed by the Electronic
Funds Transfer Act, you agree to enter into and comply with
our wire transfer (if applicable) agreement and to comply
with our security procedures and this section. We
advise you that any receiving financial institution
(including us) is entitled to rely on any account or bank
number you have provided even though that account or bank
number may identify a party different from the person or
entity you have described by name in any transfer
order.
(A) Provisional Payment. Credit
given by us to you with respect to an ACH credit or
wholesale (wire) funds transfer entry is provisional until
we receive final settlement for such entry through a
Federal Reserve Bank. If we do not receive final
settlement, you are hereby notified and agree that we are
entitled to a refund of the amount credited to your Account
in connection with such entry, and the party (the
originator of the entry) making payment to you via such
entry shall not be deemed to have paid you the amount of
such entry.
(B) Notice of Receipt. We will
notify you of the receipt of payments in the periodic
account statements we provide to you. You acknowledge
that we will not give next day notice to you of receipt of
an ACH or wholesale (wire) funds transfer item.
NOTICES. The following terms
apply to notices relating to your Account.
(A) Notice of Amendments. You agree
that the terms and conditions of the Agreement, including
without limitation all rates, fees, and charges, may be
amended by us from time to time. We will notify you
of amendments as required by applicable law. Your
continued use of the Account evidences your agreement to
any amendment. Notices will be sent to the most
recent address shown on our records for your Account.
Only one notice will be given in the case of joint account
holders. (B) Account Changes. Any
account holder or person authorized to sign on an account
is required to notify us in writing if any account holder
or other person authorized to sign on an account dies or is
declared incompetent by a court. It is your
responsibility to notify us of any change in your address
or name. We are required to honor items drawn only on
the listed Account name. Further, we are required to
attempt to communicate with you only at the most recent
address provided to us.
ACCOUNT TERMINATION. You
and we agree that either of us may close your
Account and terminate this Agreement at any time with or
without cause. We will provide written notice to you
in advance if we decide to terminate your Account
relationship for any reason other than abuse of the account
relationship or to prevent a loss. You agree that
advance written notice from us will be reasonable if it is
mailed to your statement mailing address immediately upon
account closure. You agree that in instances of
account abuse or to prevent a loss, notice is reasonably
given by us if mailed immediately upon account
closure. You may close any of your accounts by
notifying us in writing. When an interest bearing
account is closed, there may be accrued interest that has
not been credited to the account. In that case, we
will pay you the interest UNLESS we have told you
otherwise. Further, for security reasons, we may
require you to close your Account and to open a new account
if: there is a change in authorized signers; there
has been a forgery or fraud reported or committed involving
your Account; any Account checks are lost or stolen; you
have too many transfers from your Account; or, any other
provision of our Agreement with you is violated.
After the Account is closed, we have no obligation to
accept deposits or pay any outstanding checks. You
agree to hold us harmless for refusing to honor any check
drawn on a closed account. In the event that we close
your Account, we may mail you a Cashier's Check for the
applicable remaining Account balance. The termination
of this Agreement and closing of an account will not
release you from any fees or other obligations incurred
prior to the date upon which this Agreement is terminated
and an account closed, any fees assessed by us in the
process of closing an account, or from your responsibility
to maintain sufficient funds in an account to cover any
outstanding checks or other debit items.
GOVERNING LAW. This Agreement
shall be governed by and construed in accordance with all
applicable federal laws and all applicable substantive laws
of the State of Iowa in which we are located and where you
opened your account. In addition, we are subject to
certain federal and state regulations and local clearing
house rules governing the subject matter of the Agreement.
You understand that we must comply with these laws,
regulations, and rules. You agree that if there is
any inconsistency between the terms of the Agreement and
any applicable law, regulation, or rule, the terms of the
Agreement will prevail to the extent any such law,
regulation, or rule may be modified by agreement.
SYSTEMS AND SOFTWARE. We shall
not be responsible to you for any loss or damages suffered
by you as a result of the failure of systems and software
used by you to interface with our systems or systems and
software utilized by you to initiate or process banking
transactions whether such transactions are initiated or
processed directly with our systems or through a third
party service provider. You acknowledge that you are solely
responsible for the adequacy of systems and software
utilized by you to process banking transactions and the
ability of such systems and software to do so
accurately.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR 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 person
who 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 will
allow us to identify you. We may also ask to see your
driver's license or other identifying documents.
CREDIT VERIFICATION. You authorize
us to request and obtain one or more credit reports about
you from one or more credit reporting agencies for the
purposes of considering your application for the Account,
reviewing or collecting any Account opened for you, or for
any other legitimate business purpose. You authorize
us to disclose information about your account to a credit
reporting agency if your Account was closed because you
have abused it.
MISCELLANEOUS
PROVISIONS. If you or your
Account becomes involved in any legal proceedings, your use
of the Account may be restricted. You agree not to
use the Account in any illegal activity. We shall be
entitled to act upon any legal process served upon us which
we reasonably believe to be binding, with no liability to
you for doing so. You understand that supervisory
personnel may randomly monitor customer service telephone
conversations to ensure that you receive accurate,
courteous, and fair treatment. If you ask us to
follow instructions that we believe might expose us to any
claim, liability, or damages, we may refuse to follow your
instructions or may require a bond or other protection,
including your agreement to indemnify us. You agree to be
liable to us, to the extent permitted by law, for any loss,
costs, or expenses that we may incur as a result of any
dispute or legal proceeding involving your Account. You
authorize us to deduct any such loss, costs, or expenses
from your Account without prior notice to you or to bill
you separately. This obligation includes disputes
between you and us involving your Account and situations
where we become involved in disputes between you and an
authorized signer, a joint owner, or a third party claiming
an interest in your Account. It also includes
situations where any action taken on your Account by you,
an authorized signer, a joint owner, or a third party
causes us to seek the advice of an attorney, whether or not
we actually become involved in a dispute. Any action
by us for reimbursement from you for any costs or expenses
may also be made against your estate, heirs and legal
representatives, who shall be liable for any claims made
against and expenses incurred by us. If a court finds any
provision of the Agreement to be invalid or unenforceable,
such finding shall not make the rest of the Agreement
invalid or unenforceable. If feasible, any such
offending provision shall be deemed to be modified to be
within the limits of enforceability or validity; however,
if the offending provision cannot be so modified, it shall
be stricken and all other provisions of the Agreement in
all other respects shall remain valid and enforceable.
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