(17) ACCOUNT TRANSFER OR ASSIGNMENT
Except as set forth in Section 20, you may not transfer, assign,
or grant a security interest in your Account or any portion of the
funds in your Account, without our prior written consent. No such
transfer, assignment or security interest grant will be binding on
us, unless and until we consent in writing to it. We reserve the
right to refuse to allow you to change, add or delete your name or
the names of other Accountholders.
(18) STATEMENTS AND ERROR RESOLUTION
(a) Statement Frequency
We will make available a statement of your Account as
indicated below.
(i) CDs
(a) Non-IRA CDs
We will make available quarterly statements unless
there is an EFT transaction(s) within the month, in which
case we will make available a monthly statement.
(b) IRA CDs
We will make available a statement annually on or
before January 31st reflecting the previous year’s
activity.
(ii) Savings Accounts
We will make available quarterly statements unless there
is an EFT transaction(s) within the month, in which case
we will make available a monthly statement.
(iii) Money Market Accounts
We will make available monthly statements. Checks will
not be returned to you with your monthly statements;
however, you may view check images through the Account
Center. Check copies are available by request.
(iv) Checking Accounts
We will make available monthly statements electronically
through the Account Center. Checks will not be returned
to you; however, you may view check images through the
Account Center. Check copies are available by request.
(b) Statement Error Resolution
You must review and call us or write us promptly after we mail
or otherwise make a statement available if:
• An item (other than an EFT) that you did not authorize or
that contains an unauthorized alteration is listed on the
statement,
• Your statement contains any errors (other than EFT related
errors), or
• You did not receive your scheduled statement.
If you do not notify us of unauthorized or altered items, or
other errors (other than EFTs), or of a missing statement
within 60 days after a statement is mailed or otherwise made
available, then you waive all claims you may have against us
regarding these items.
If you do not call or write us regarding an item that you did
not authorize or that contains an unauthorized alteration
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within 30 days after a statement is mailed or otherwise
made available, we are not liable
to you for subsequent
unauthorized transactions on your Account that we could
have prevented if you had timely told us of the unauthorized
alteration.
You must call us or write us within six (6) months after a
statement is mailed or made available to you to report an
unauthorized or missing endorsement on an item you issued.
You must provide us with all information we need to
investigate the alleged error or item and file any police
reports and provide supporting affidavits and testimony
we reasonably request. If you do not comply with the
requirements, we are not required to reimburse you for any
claimed loss and you cannot bring any legal claim against us
in any way related to the item or errors.
(c) Undeliverable Statements
If a statement that we send is returned as undeliverable, we
may discontinue sending statements until we are provided a
current address. You are responsible for maintaining a current
address with us. Your statements will be considered available
as of the statement date. Your non-IRA CD, Money Market
Account, Savings Account, and Checking Account statements
are available in the Account Center.
(d) EFT Error Resolution
Section 18(b) on statement error resolution does not apply to
errors regarding EFTs. For resolution of errors regarding EFTs,
see Section 28.
(19) CD RENEWAL OPTIONS
• We will send you a notification 30 days before your CD matures.
• When your CD matures, you may make a deposit or withdrawal
(in whole or in part), or change the length of the term of the
renewed CD during the Grace Period. The “Grace Period”
consists of the nine (9) days immediately following the
maturity date.
• Any term change, or deposit or withdrawal of principal, during
the Grace Period, will end the Grace Period. Withdrawal of
interest will not end the Grace Period.
• Your CD will automatically renew if no action is taken during
the Grace Period.
• If you elect not to renew your CD, you will not be paid interest
after the maturity date. Interest will be paid on partial
withdrawals during the Grace Period as specified in Section
5(a).
• For IRA CDs:
– If you are withdrawing funds, we must receive a correctly
completed IRA Distribution or Transfer Form before the
end of your Grace Period in order for us to process any
distribution(s) from your IRA CD before the end of the
Grace Period.
– If you would like to make a contribution
to your IRA CD at
maturity or during your Grace Period, we must receive a
correctly completed Contribution Form and the additional
funds prior to the end of the Grace Period. If we do not
receive the Contribution Form and funds prior to the end of
the Grace Period, we will either return the funds to you in the
same way we received the funds or you may apply for and
establish a new IRA CD.
(20) RIGHT OF SET-OFF
If you owe us or our affiliate(s) money under any agreement,
now or in the future (“Debt”), you grant us (and our affiliate(s),
as applicable) a security interest in all of your Accounts in
which you have an interest, to secure the Debt, plus reasonable
attorney fees and costs incurred by us (and our affiliate(s), as
applicable) in connection with the Debt. If the Debt is due, we
may exercise our right of set-off and our rights in the security
interest and satisfy the Debt, without giving you prior notice,
by withdrawing funds from such Account(s) and applying them
to the Debt, fees, and costs. We may exercise these rights even
if the withdrawal leaves insufficient funds in your Account(s)
to pay outstanding checks or other items, or results in an Early
Withdrawal Penalty being assessed against your Account(s). We
may withdraw funds from a Joint Account to pay a Debt of any
Joint Accountholder. We will not exercise these rights to pay a
credit card Debt, by using funds in an IRA, or where otherwise
prohibited by law.
(21) OVERDRAFT PROTECTION SERVICE
We offer an optional Overdraft Protection Service. You may only
enroll in our Overdraft Protection Service, for your Money Market
Account, Savings Account, or Checking Account in person at the
Branch or by visiting the Account Center. The Overdraft Protection
Service allows you to link an eligible Account to another eligible
Account to avoid overdrawing your Account. Until you have
enrolled your eligible Accounts in our Overdraft Protection
Service you will not have the benefit of overdraft protection.
(22) POWER OF ATTORNEY
If you wish to designate another person (your “Attorney-in-Fact”),
other than another owner of your Account, to transact on your
Account on your behalf, you must deliver a Power of Attorney
(“POA”) that complies with applicable law. Subject to applicable
law, we may decline to honor a POA for any reason, at any time, and
we may refuse to recognize a successor Attorney-in-Fact, even if we
recognized the first Attorney-in-Fact named in your POA.
We may require the Attorney-in-Fact to execute an affidavit
form which we will provide. The Attorney-in-Fact must notify us
immediately upon learning of the principal’s death. We may rely
on your POA until we have received notice (i) from you that it
has been revoked, or (ii) that it has otherwise been terminated.
An Attorney-in-Fact is not an owner of the Account and does not
have an FDIC-insurable interest in the Account.
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(23) PRIVACY AND DISCLOSURE OF ACCOUNT INFORMATION
We will disclose information to third parties about your Account
or the transfers you make: (i) where it is necessary for completing
transfers, or (ii) in order to verify the existence and condition of
your Account for a third party, such as a credit bureau or other
consumer reporting agency or merchant, or (iii) in order to
comply with government agency or court orders, or (iv) if you give
us written permission, or (v) as explained in our Privacy Policy.
(24) ACCOUNT CLOSURE
(a) Closure by Us
We can close your Account at any time for any reason,
including if the balance in your Account is zero. If we close
your Account, funds on deposit will be disbursed to the
Accountholder(s).
You will have 45 days starting with the account open date
to fund your Checking Account, Money Market Account, or
Savings Accounts. If we do not receive funding within 45 days
starting with the account open date, your Account will be
closed. You will have 45 days starting with the application
date to fund your Non-IRA CD. If we do not receive funding
within 45 days starting with your application date, your Non-
IRA CD will be closed.
(b) Closure by You
You can close your Account at any time by notifying us in
person, in writing or calling us. For phone requests, we may
require you to submit an Account closure request in writing.
(c) All Closures
(i) Checking, Money Market and Savings Accounts: No
interest will be paid on deposits received after your
Account has been closed. If an Account is closed
before interest is credited, you will receive the accrued
interest. If any transactions are received after your
Checking, Money Market, or Savings Account is closed,
the transactions will generally be rejected, and debit
transactions will be returned unpaid.
(ii) Non-IRA CDs: Closure of your Non-IRA CD is subject to
the restrictions stated in Section 11(a)(i) and Section
36 of this Agreement. If your Non-IRA CD is closed prior
to maturity, we will assess an Early Withdrawal Penalty.
However, we do not assess an Early Withdrawal Penalty
for withdrawals following the death of an owner or
when an owner is determined to be legally incompetent
by a court or other appropriate administrative body,
in each case subject to the provision of supporting
documentation satisfactory to us.
(iii) IRA CDs: Closure of your IRA CD is subject to the
restrictions stated in Section 11(a)(i) and Section 36 of
this Agreement and the provisions set forth in Section
3(iii) governing revocation of an IRA Plan. If your IRA
CD is closed prior to maturity, we will assess an Early
Withdrawal Penalty. However, we do not assess an
Early Withdrawal Penalty for withdrawals following the
death of an owner or when an owner is determined to