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Membership Account Agreement

MEMBERSHIP AND ACCOUNT AGREEMENT
CUNA Mutual Group 1993, 95, 96, 99, 2000, 03-07, 09, 10, 13 All Rights Reserved 03412459-D1000-C-1-082014 (D1000A)-e

This Agreement covers your rights and responsibilities concerning your accounts and the rights and responsibilities of the Credit Union
providing this Agreement (Credit Union). In this Agreement, the words "you," "your," and "yours" mean anyone who signs an Account
Card, Account Change Card, or any other account opening document (Account Card), or for whom membership and/or service
requests are approved through the Credit Union's online application and authentication process. The words "we," "us," and "our"
mean the Credit Union. The word "account" means any one (1) or more share or other accounts you have with the Credit Union.
Your account type(s) and ownership features are designated by you on your Account Card or through the Credit Union's online
application and authentication process. By signing an Account Card or authenticating your request, each of you, jointly and severally,
agree to the terms and conditions in this Agreement, and any Account Card, Funds Availability Policy Disclosure, Truth-in-Savings
Disclosure, Electronic Fund Transfers Agreement and Disclosure, Privacy Disclosure, or Account Receipt accompanying this
Agreement, the Credit Union's bylaws and policies, and any amendments to these documents from time to time that collectively
govern your membership and accounts.
1. MEMBERSHIP ELIGIBILITY - To join the Credit Union, you must meet the membership requirements, including purchase and
maintenance of the minimum required share(s) ("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.
2. INDIVIDUAL ACCOUNTS - An individual account is an account owned by one (1) 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 account owner'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, and to any security interest or pledge granted by the account owner, and subject to our statutory lien rights.
3. JOINT ACCOUNTS - A joint account is an account owned by two (2) or more persons.
a. Rights of Survivorship. Unless otherwise stated on the Account Card or documented through the Credit Union's online application
and authentication process, a joint account includes rights of survivorship. This means that when one (1) owner dies, all sums in the
account will pass to the surviving owner(s). For a joint 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.
b. Control of Joint 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 or authenticated request of any other owner(s). Any
owner may withdraw or transfer funds, pledge to us all or any part of the shares, or stop payment on items 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 in
order to act.
c. Joint Account Owner Liability. If an item deposited in a joint account is returned unpaid, a joint 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 the indebted owner, including all funds in the joint account,
regardless of who contributed the funds.
4. POD/TRUST ACCOUNT DESIGNATIONS - A Payable on Death (POD) account or trust account designation is an instruction to the
Credit Union that an individual or joint account so designated is payable to the owner(s) during his, her, or their lifetimes and, when the
last account owner dies, is payable to all surviving POD or trust beneficiaries/payees. Upon the death of the last account owner, if
there is more than one (1) surviving beneficiary/payee, the account is 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). We are not
obligated to notify any beneficiary/payee of the existence of any account nor the vesting of the beneficiary/payee's interest in any
account, except as otherwise provided by law. This paragraph does not apply to an account held on behalf of or in the name of a trust.
5. ACCOUNTS FOR MINORS - We may require any account established by a minor to be a joint 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
the change is authorized in writing by all account owners.
6. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT - A Uniform Transfers/Gifts to Minors Account (UTMA/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 authorized 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 withdrawals.
7. 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.
8. 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 in the Truth-in-Savings Disclosure. Deposits made by mail, at night depositories, or at
unstaffed facilities are not our responsibility until we receive them. We reserve the right to refuse or to return any deposit.
a. 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 (1) 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 (2) 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, we may require endorsement as set forth on the item.
Endorsements must be made on the back of the check or draft within 1½ inches of 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.
b. 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. 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. We reserve the right to pursue collection of previously dishonored items at any time,
including giving a payor financial institution extra time beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the front of the item. Examples of
restrictive legends include "two signatures required," "void after 60 days," and "not valid over $500.00." We are not liable for
payment of any check or draft contrary to a restrictive legend or other limitation contained in or on the item unless we have specifically
agreed in writing to the restriction or limitation.
d. 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.
e. 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 direct deposits or preauthorized transfers by
filling out a separate form. You must notify us at least 30 days in advance to cancel or change a direct deposit or transfer option. If
your account is overdrawn, you authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of
government payments or benefits. If 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.
f. Crediting of Deposits. Deposits made after the deposit cutoff time and deposits made on holidays or days other than our business
days will be credited to your account on the next business day.
9. ACCOUNT ACCESS -
a. Authorized Signature. Your signature on the Account Card, or authentication and approval of your account, 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 check or 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 information, even if you do not authorize a particular transaction.
b. 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, Internet access, automatic transfer, or telephone, as applicable). We may return as unpaid any check or
draft drawn on a form we do not provide, and you are responsible for any loss we incur handling such a check or draft. We have the
right to review and approve any form of power of attorney and may restrict account withdrawals or transfers. We may refuse to honor
a power of attorney if our refusal is conducted in accordance with applicable state law.
c. Credit Union Examination. We may disregard any information on any check or draft other than the signature of the drawer, the
amount, and any magnetic encoding. You agree that we do not fail to exercise ordinary care in paying an item solely because our
procedures do not provide for sight examination of items.
10. FUND TRANSFERS - Except as amended by this Agreement, electronic fund transfers we permit that are subject to Article 4A of
the Uniform Commercial Code will be subject to such provisions of the Uniform Commercial Code as enacted by the state where the
main office of the Credit Union is located. We may execute certain requests for an electronic fund transfer by Fedwire. Fedwire
transactions are subject to Federal Reserve Board Regulation J. You may order an electronic fund transfer to or from your account. We
will debit your account for the amount of the electronic fund transfer and will charge your account for any fees related to the transfer.
Unless we agree otherwise in writing, we reserve the right to refuse to execute any order to transfer funds to or from your account.
We are not obligated to execute any order to transfer funds out of your account if the amount of the requested transfer plus applicable
fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by
third parties or circumstances beyond our control, including mechanical, electronic, or equipment failure. We will not provide you with
next day notice of ACH transfers, wire transfers, and other electronic payments credited to your account. You will receive notice of
such credits on your account statements. You may contact us to determine whether a payment has been received. If we fail to
properly execute a payment order, and such action results in a delay in payment to you, we will pay you dividends or interest for the
period of delay as required by applicable law. The dividends or interest paid to you will be based on the lowest nominal dividend or
interest rate we were paying on any account during that period. Payment orders we accept will be executed within a reasonable time
of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and
processing of fund transfers, payment orders, cancellations, and amendments. If a request for a fund transfer, payment order,
cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next fund transfer
business day. Information about any cutoff times is available upon request. From time to time, we may need to suspend processing of
a transaction for greater scrutiny or verification in accordance with applicable law, and this action may affect settlement or availability
of the transaction. When you initiate a wire transfer, you may identify the recipient and any financial institution by name and by
account or identifying number. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the
account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend
or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment
order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order
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will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and
expenses resulting from any actual or attempted amendment or cancellation of a payment order. We may require you to follow a
security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security
procedures. Unless we permit you to establish a different security procedure, you agree that the security procedures contained in the
Credit Union's policies, of which we have notified you, are commercially reasonable verification of payment orders and other electronic
fund transfers. If we permit you to establish a different security procedure, you agree that procedure is a commercially reasonable
method of verifying electronic funds transfers. If we conduct a remittance transfer(s) on your behalf acting as a remittance transfer
provider, such transactions will be governed by 12 C.F.R. part 1005, subpart B-Requirements for remittance transfers. A "remittance
transfer" is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a
foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will
be disclosed to you at the time such services are requested and rendered in accordance with applicable law.
11. ACCOUNT RATES AND FEES - We pay account earnings and assess fees against your account as set forth in the Truth-inSavings
Disclosure and Schedule of Fees and Charges. We may change the Truth-in-Savings Disclosure or Schedule of Fees and
Charges at any time and will notify you as required by law.
12. TRANSACTION LIMITATIONS -
a. Withdrawal Restrictions. We will pay checks or drafts, permit withdrawals, and make transfers from available funds in your
account. The availability of funds in your account may be delayed as described in our Funds Availability Policy Disclosure. We may
also pay checks or drafts, permit withdrawals, and make transfers from your account from insufficient available funds if you have
established an overdraft protection plan or, if you do not have such a plan with us, in accordance with our overdraft payment policy.
We may refuse to allow a withdrawal in some situations and will advise you accordingly if: (1) there is 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; or (5) you fail to repay a credit union loan
on time. We may require you to give written notice of seven (7) to 60 days before any intended withdrawals.
b. Transfer Limitations. We may limit the dollar amount or the number of transfers from your account. Please consult your
Truth-in-Savings Disclosure or your Electronic Fund Transfers Agreement and Disclosure.
13. CERTIFICATE ACCOUNTS - Any time 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 Truth-in-Savings Disclosure, and the Account
Receipt for each account, the terms of which are incorporated herein by reference.
14. OVERDRAFTS -
a. Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount
of a check, draft, transaction, or other item, plus any applicable fee, that is posted to your account, we may return the item or pay it,
as described below. The Credit Union's determination of an insufficient available 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 sufficient available funds in order to pay an item. Your account may be subject to a charge for each item
regardless of whether we pay or return the item.
If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless
of whether your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your
checking account, except as otherwise described below; (2) automatic bill payments; (3) ACH transactions.
Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an insufficiency of
funds in your account, we do not agree to pay them in the future and may discontinue coverage at any time without notice. If we pay
these items or impose a fee that results in insufficient funds in your account, you agree to pay the insufficient amount, including the
fee assessed by us, in accordance with our standard overdraft services or any other service you may have authorized with us, or if
you do not have such protections with us, in accordance with any overdraft payment policy we have, as applicable.
b. Order of Payments. Checks, drafts, transactions, and other items may not be processed in the order that you make them or in the
order that we receive them. We may, at our discretion, pay a check, draft, or item, and execute other transactions on your account in
any order we choose. The order in which we process checks, drafts, or items, and execute other transactions on your account may
affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we
pay checks or drafts and process transfers and withdrawals.
15. POSTDATED AND STALEDATED CHECKS OR DRAFTS - You agree not to issue any check or draft that is payable on a future date
(postdated). If you do issue a check or draft that is postdated and we pay it before that date, you agree that we shall have no liability
to you for such payment. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not
obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date.
16. STOP PAYMENT ORDERS -
a. Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account.
To be binding, the order must be in writing, dated and signed, and must accurately describe the check or draft, including the exact
account number, the check or draft number, and the exact amount of the check or draft. This exact information is necessary for the
Credit Union's computer to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for
failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to
allow us a reasonable opportunity to act on it. If we recredit your account after paying a check or draft over a valid and timely stop
payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the
payee or other holders of the check or draft, and to assist us in any legal action.
b. Duration of Order. Oral stop payment orders for check or drafts will lapse within 14 calendar days unless confirmed in writing
within that time. Written stop payment orders for checks or drafts are effective for six (6) months and may be renewed for additional
six (6) month periods by requesting in writing that the stop payment order be renewed within a period during which the stop payment
order is effective. We are not required to notify you when a stop payment order expires.
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c. Liability. Fees for stop payment orders are set forth in the Truth-in-Savings Disclosure or Schedule of Fees and Charges. 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 indemnify 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 joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect
information provided by you.
17. 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
nonactions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general
financial institution 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 Agreement. Any conflict regarding what you and our employees say or
write will be resolved by reference to this Agreement.
18. CHECKS OR DRAFTS PRESENTED FOR PAYMENT IN PERSON - We may refuse to accept any check or draft drawn on your
account that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft, and we
shall have no liability for refusing payment. If we agree to cash a check or draft that is presented for payment in person, we may
require the presenter to pay a fee. Any applicable check or draft cashing fees are stated in the Schedule of Fees and Charges.
19. REMOTELY CREATED CHECKS OR DRAFTS - For purposes of this paragraph, "account" means a transaction account, credit
account, or any other account on which checks or drafts may be drawn. A remotely created check or draft is a check or draft created
by someone other than the person on whose account the check or draft is drawn. A remotely created check or draft is generally
created by a third party payee as authorized by the owner of the account on which the check or draft is drawn. Authorization is
usually made over the telephone or through on-line communication. The owner of the account does not sign a remotely created check
or draft. In place of the owner's signature, the remotely created check or draft usually bears a statement that the owner authorized the
check or draft or bears the owner's printed or typed name. If you authorize a third party to draw a remotely created check or draft
against your account, you may not later revoke or change your authorization. It is your responsibility to resolve any authorization
issues directly with the third party. We are not required to credit your account and may charge against your account any remotely
created check or draft for which the third party has proof of your authorization.
20. PLEDGE/STATUTORY LIEN - Unless prohibited by law, you pledge and grant as security for all obligations you may have now or in
the future, except obligations secured by your principal residence, all shares and dividends and all deposits and interest, if any, in all
accounts you have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze
the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a
revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn unless you are in default. Federal or state law
(depending upon whether we have a federal or state charter) gives us a lien on all shares and dividends and all deposits and interest, if
any, in accounts you have with us now and in the future. Except as limited by federal or state law, the statutory lien gives us the right
to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our
statutory lien rights without further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default,
except as limited by federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an
administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the
amount you owe us at a later time. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other
account that would lose special tax treatment under federal or state law if given as security. By not enforcing our right to apply funds
in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time.
21. 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, as permitted by law. 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.
22. 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 verify 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.
23. NOTICES -
a. Name or Address Changes. You are responsible for notifying us of any name or address 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 require all name and address
changes to be provided in writing. If we attempt to locate you, we may impose a service fee as set forth in the Truth-in-Savings
Disclosure or Schedule of Fees and Charges.
b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement at any time. We will
notify you of any change in terms, rates, or fees as required by law. We reserve the right to waive any terms of this Agreement. Any
such waiver shall not affect our right to future enforcement.
c. 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.
d. Electronic Notices. If you have agreed to receive notices electronically, we may send you notices electronically and discontinue
mailing paper notices to you until you notify us that you wish to reinstate receiving paper notices.
24. TAXPAYER IDENTIFICATION NUMBER 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
25. STATEMENTS -
a. 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 (1)
statement is necessary for joint accounts. For share draft or checking accounts, you understand and agree that your original check or
draft, when paid, becomes property of the Credit Union and may not be returned to you, but copies of the check or draft may be
retained by us or by payable-through financial institutions and may be made available upon your request. You understand and agree
that statements are made available to you on the date they are sent to you. You also understand and agree that checks, drafts, or
copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the
statement.
b. Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If
you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your
account, erroneous payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent
the statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a
manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the Credit Union's retention of checks or 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 14 days of the time you regularly
receive a statement.
26. INACTIVE ACCOUNTS - If your account falls below any applicable minimum balance and you have not made any transactions over
a period specified in the Truth-in-Savings Disclosure or Schedule of Fees and Charges, we may classify your account as inactive or
dormant. Unless prohibited by applicable law, we may charge a service fee, as set forth in the Truth-in-Savings Disclosure or Schedule
of Fees and Charges, for processing your inactive account. If we impose a fee, we will notify you, as required by law, 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.
27. 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. We may require that account
changes requested by you, or any account owner, such as adding or closing an account or service, be evidenced by a signed Account
Change Card or other document which evidences a change to an account and accepted by us.
28. 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 checks or 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 an individual account by giving written notice. We reserve the right to require the consent of
all owners to terminate a joint account. We are not responsible for payment of any check, draft, withdrawal, transaction, or other item
after your account is terminated; however, if we pay an item after termination, you agree to reimburse us.
29. TERMINATION OF MEMBERSHIP - You may terminate your membership by giving us written notice or by withdrawing your
minimum required membership share(s), if any, and closing all your accounts. You may be denied services for causing a loss to the
Credit Union, or you may be expelled for any reason as allowed by applicable law.
30. DEATH OF ACCOUNT OWNER - We may continue to honor all transfer orders, withdrawals, deposits, and other transactions on an
account until we know of a member's death. Once we know of a member's death, we may pay checks or drafts or honor other
payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive
instructions from any person claiming an interest in the account to stop payment on the checks, 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.
31. UNLAWFUL INTERNET GAMBLING AND OTHER ILLEGAL ACTIVITIES - You agree that you are not engaged in unlawful Internet
gambling or any other illegal activity. You agree that you will not use any of your accounts, access devices or services for unlawful
Internet gambling or other illegal activities. We may terminate your account relationship if you engage in unlawful Internet gambling or
other illegal activities.
32. 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.
33. ENFORCEMENT - You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this
Agreement. You authorize us to deduct any such losses, 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 postjudgment
collection actions.
34. 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.
35. NEGATIVE INFORMATION NOTICE - We may report information about your loan, share, or deposit accounts to credit bureaus. Late
payments, missed payments, or other defaults on your accounts may be reflected in your credit report.