DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
Depositor:
SEAN
A.
FOX,
ASHLEIGH
D.
FOX
or
EMILIE
A.
FOX
305
E.
PARK
AVE.
FOWLER,
CO
81039
Institution:
Financial
FOWLER
STATE
BANK
201
MAIN
STREET
PO
BOX
68
FOWLER,
CO
81039
CUSTOMER
COPY
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
t
o
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
p.m.
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
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
your
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
you
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.
(G)
Deposit
Discrepancies.
When
you
make
a
deposit
to
your
account,
we
will
credit
your
account
for
the
amount
stated
on
your
deposit
slip
and
we
may
provide
you
with
a
deposit
receipt.
We
reserve
the
right
to
review
the
deposit
and
confirm
the
amount
of
funds
you
deposited
but
are
not
required
to
do
so.
If
after
any
review
we
determine
that
the
amount
credited
to
your
account
is
incorrect,
we
may
adjust
your
account
for
the
amount
of
the
discrepancy
but
reserve
the
right
not
to
do
so
if
the
discrepancy
would not
be
a
disadvantage
to
you.
DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
(Continued)
Page
2
CUSTOMER
COPY
This may
be
the
case,
for
example,
if
the
amount
credited
to
your
account
was
more
than
the
amount
actually
deposited
by
you.
Notwithstanding
the
foregoing,
we
are
not
required
to
adjust
your
account
unless
within
one
year
of
the
date
of
your
account
statement
that
shows
the
deposit
either
you
notify
us
of
the
discrepancy
or
we
discover
it
on
our
own.
If
you
do
not
notify
us
of
the
error
or
we
do
not
discover
it
on
our
own
during
this
notice
period,
the
amount
credited
to
the
account
will
be
considered
final.
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
the
order
in
which
the
checks
are
received
by
us.
We
may
pay
other
withdrawals
or
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
funds
available
in
your
Account
to
cover
a
withdrawal
or
debit
presented
against
your
Account,
this
is
called
an
"overdraft".
We
will
handle
each
overdraft
in
accordance
with
our
Standard
Overdraft
Policy
(described
below)
or
in
accordance
with
any
other
agreement
you
may
have
with
us
(such
as
an
overdraft
protection
agreement).
Even
if
we
choose
to
pay
one
or
more
overdrafts,
we
are
not
obligated
to
cover
any
future
overdrafts.
When
we
determine
whether
payment
of
an
item
will
create
an
overdraft,
we
may
determine
the
balance
of
your
account
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.
(C)
Standard
Overdraft
Policy.
Unless
we
have
agreed
to
a
separate
overdraft
protection
agreement
with
you,
the
following
rules
apply.
We
are
not
obligated
to
pay any
overdraft.
Subject
to
the
special
rules
discussed
below
for
transactions
at
an
ATM
and
one-time
debit
card
transactions,
we
may
assess
a
service
charge
on
any
withdrawal
created
by
check,
in-person
withdrawal,
ATM
withdrawal,
or
other
electronic
means
that
results
in
an
overdraft,
whether
we
pay
the
overdraft
or
not.
If
we
pay
the
overdraft,
you
agree,
immediately
upon
notice
from
us,
to
deposit
funds
sufficient
to
cover
the
overdraft
plus
any
service
charge
we
impose.
We
may
not
impose
a
service
charge
in
connection
with
an
overdraft
that
results
from
a
transaction
at
an
ATM
or
a
one-time
debit
card
transaction
unless
you
have
given
us
your
consent
to
pay
service
charges
in
connection
with
overdrafts
that
result
from
these
transactions
and
we
have
sent
written
confirmation
of
that
consent
to
you.
You
may
revoke
that
consent
at
any
time.
(D)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
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.
(I)
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).
(J)
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.
(K)
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
but 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.
If
we
offer
NOW
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
DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
(Continued)
Page
3
CUSTOMER
COPY
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
or
by
check,
draft,
debit
card,
or
similar
order
made
by
you
and
payable
to
third
parties.
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).
Withdrawal
Restrictions
and
Overdrafts.
**The
use
of
the
term
"sole
discretion"
referred
to
in
the
Withdrawal
Rules
Section,
under
Withdrawal
Restrictions
and
Overdrafts
Sub-Section
(B),
which
discusses
the
order
in
which
the
bank
processes
"other
withdrawals
or
debit
items"
it
is
duly
defined
that
those
items
will
be
processed
in
the
order
in
which
those
items
are
received.
Credits
will
posted
first
to
the
account,
then
ATM
&
other
electronic
payments,
and
lastly
the
checks,
all
items
which
are
processed
in
the
order
in
which
they
were
received.
***Clarification
of
the
item
addressed
in
Section
(C)
Standard
Overdraft
Policy
regarding
the
"consent
to
pay
service
charges
in
connection
with
overdrafts
that
result
from
ATM
and
One-time
debit
card
transactions"
are
to
be
clarified
that
an
Opt-In/Opt-Out
option
is
no
longer
required
by
this
bank
as
no
service
charge
will
be
assessed
for
these
particular
transactions
and
only
these types
of
transactions.
Other
transactions
that
are
not
resulting
from
a
One-time
debit
card
and
ATM
activity
will
incur
a
service
charge
if
an
overdraft
has
occurred.
.
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,
automated
clearing
house/pre-authorized
electronic
funds
transfer
("ACH/EFT"),
or
other
item
payable
from
your
Account,
whether
drawn
or
authorized
by
you
or
any
other
account
holder,
as
follows:
Stop
Payment
Against
a
Check
or
Other
Item.
A
stop
payment
request
against
a
check
or
other
item
payable
from
your
Account
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.
A
stop
payment
order
against
a
check
or
other
item
payable
from
your
Account
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
against
a
check
or
other
item
payable
from
your
Account
may
be
renewed
for
additional
six
(6)
month
periods
if
renewed
during
a
period
within
which
the
stop
payment
order
is
effective.
Stop
Payment
Against
an
ACH/EFT.
A
stop
payment
order
against
an
ACH/EFT
may
be
honored
if
received
at
least
three
(3)
banking
days
before
the
scheduled
date
of
the
transfer.
If
we
honor
a
stop
payment
request
against
an
ACH/EFT
received
on
or
within
three
(3)
banking
days
of
the
scheduled
transfer,
we
do
so
without
any
liability
or
responsibility
to
any
party
having
any
interest
in
the
entry.
A
stop
payment
order
against
an
ACH/EFT
is
effective
until
the
earlier
of:
(i)
you
withdraw
the
stop
payment
order,
or
(ii)
the
debit
entry
is
returned,
or,
where
a
stop
payment
order
is
applied
to
more
than
one
debit
entry
under
a
specific
authorization
involving
a
specific
party,
all
such
debit
entries
are
returned.
We
may
require
you
to
provide
us
written
confirmation
of
a
verbal
stop
order
request
against
an
ACH/EFT
within
fourteen
(14)
calendar
days.
Additionally,
if
you
request
us
to
stop
all
future
payments
pursuant
to
a
specific
ACH/EFT
authorization
involving
a
particular
party,
we
may
require
you
to
confirm
in
writing
that
you
have
revoked
such
authorization.
All
stop
payment
order
requests
will
require
you
to
provide
the
date,
the
amount,
and
the
number
of
the
item
or
authorization,
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
or
authorization.
Our
acceptance
of
a
stop
payment
order
will
not
constitute
a
representation
that
the
item
or
authorization
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
or
authorization.
In
addition,
you
may
not
stop
payment
on
checks
governed
by
a
separate
agreement,
such
as
a
check
guaranty
agreement.
Further
you
may
not
stop
payment
on
an
item
or
authorization
after
acceptance
of
the
same
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
DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
(Continued)
Page
4
CUSTOMER
COPY
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;
to
consent
to
or
revoke
consent
to
payment
of
service
charges
on
overdrafts
that
result
from
ATM
transactions
or
one-time
debit
card
transactions
under
the
Standard
Overdraft
Policy;
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,
dam
age,
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
Transfers
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
or
COLTAF
Trust
Account
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
or
COLTAF
Trust
Account
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,
dam
age,
liability,
or
exposure,
including
reasonable
attorney's
fees,
we
may
suffer
or
incur
arising
out
of
any
action
or
claim
by
DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
(Continued)
Page
5
CUSTOMER
COPY
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.
If
this
is
an
COLTAF
Trust
Account,
we
will
not
permit
the
lawyer
or
law
firm
to
receive
the
interest.
The
interest
(minus
applicable
fees) on
an
COLTAF
Trust
Account
will
be
remitted
to
the
COLORADO
LAWYER
TRUST
ACCOUNT
FOUNDATION,
pursuant
to
your
instructions
and
at
your
request.
COLTAF
Trust
Accounts
are
used
to
hold
an
attorney's
or
law
firm's
client
funds
that
are
nominal
in
amount
or
held
for
short
periods
of
time.
(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.
(I)
Government/Municipal/Public
Funds
Accounts.
This
type
of
account
is
owned
by
a
government
or
public
entity.
For
this
type
of
account,
you
agree
to
provide
us
with
authorization
document(s)
(in
a
form
acceptable
to
us)
stating
that
we
are
designated
as
a
depository
for
the
funds
of
the
government
or
public
entity
and
such
documentation
shall
state
the
individual(s)
authorized
to
act
on
behalf
of
the
government
or
public
entity
and
the
extent
of
their
authority.
We
may
rely
upon
such
documentation
until
we
receive
written
notice
of
a
change
and
new
authorization
documents.
We
are
not
responsible
for
any
transaction
conducted
by
a
previously
authorized
individual
until
we
actually
receive
written
notice
that
the
authorized
individual's
authority
has
been
revoked.
Unless
specifically
stated
otherwise
in
the
authorization
document(s),
we
can
rely
on
one
authorization
for
all
accounts
owned
by
the
government
or
public
entity.
If
required
by
law,
you
agree
to
enter
into
a
Collateral
Security
Agreement
regarding
this
type
of
account.
(J)
Health
Savings
Account.
A
Health
Savings
Account
(HSA)
is
a
tax
preferred
account
that
you
agree:
a)
you
are
eligible
to
open
and
maintain,
b)
to
notify
us
when
you
are
no
longer
eligible
to
maintain,
c)
will
be
used
for
contributions,
withdrawals,
and
earnings
for
qualified
medical
expenses
or
as
allowed
by
law,
and
d)
you
will
execute
and
comply
with
the
terms
and
conditions
in
the
Health
Savings
Account
Trust
or
Custodial
Agreement.
Consult
your
tax
advisor
about
the
tax
treatment
of
contributions,
withdrawals
and
earnings.
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.
We
may
not
exercise
our
right
of
setoff
or
security
interest
if
prohibited
by
the
Military
Lending
Act.
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
may
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
Sixty
(60)
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
Fund
Transfer
Act,
within
Sixty
(60)
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
Thirty
(30)
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.
UNLAWFUL
INTERNET
GAMBLING
TRANSACTIONS
PROHIBITED.
If
you
are
a
commercial
customer,
you
certify
that
you
are
not
now
engaged
in,
DEPOSIT
ACCOUNT
AGREEMENT
AND
DISCLOSURE
(Continued)
Page
6
CUSTOMER
COPY
and
during
the
life
of
this
Agreement
will
not
engage
in,
any
activity
or
business
that
is
unlawful
under
the
Unlawful
Internet
Gambling
Enforcement
Act
of
2006,
31
USC
5361,
et
seq.,
(the
“
UIGEA
”
).
You
may
not
use
your
Account
or
any
other
service
we
offer
to
receive
any
funds,
transfer,
credit,
instrument
or
proceeds
that
arise
out
of
a
business
that
is
unlawful
under
the
UIGEA.
You
agree
that
if
anyone
asks
us
to
process
a
transaction
that
we
believe
is
restricted
under
the
UIGEA,
we
may
block
the
transaction
and
take
any
other
action
we
deem
to
be
reasonable
under
the
UIGEA
and
this
Agreement.
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
at
least
thirty
(30)
calendar
days
prior
to
the
date
upon
which
an
account
will
be
closed
and
this
Agreement
terminated.
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.
We
will
consider
your
Account
closed
when
the
balance
reaches
$0.00
with
instructions
to
close
said
account.
No
accrued
interest
will
be
paid
on
closed
accounts.
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
Colorado
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.
Member
FDIC
DEPOSIT
PRO,
Ver.
17.2.10.037
Copr.
D+H
USA
Corporation
1996,
2017.
All
Rights
Reserved.
CO
-
CO
-
L:\CFI\TIS\L701
TR-80
Rev.
03/2012
FACTS
WHAT
DOES
FOWLER
STATE
BANK
DO
WITH
YOUR
PERSONAL
INFORMATION?
Why?
Financial
companies
choose
how
they
share
your
personal
information.
Federal
law
gives
consumers
the
right
to
limit
some
but not
all
sharing.
Federal
law
also
requires
us
to
tell
you
how
we
collect,
share,
and
protect
your
personal
information.
Please
read
this
notice
carefully
to
understand
what
we
do.
What?
The
types
of
personal
information
we
collect
and
share
depend
on
the
product
or
service
you
have
with
us.
This
information
can
include:
Social
Security
number
and
income
account
balances
and
payment
history
credit
history
and
checking
account
information
When
you
are
no
longer
our
customer,
we
continue
to
share
your
information
as
described
in
this
notice.
How?
All
financial
companies
need
to
share
customers'
personal
information
to
run
their
everyday
business.
In
the
section
below,
we
list
the
reasons
financial
companies
can
share
their
customers'
personal
information;
the
reasons
FOWLER
STATE
BANK
chooses
to
share;
and
whether
you
can
limit
this
sharing.
Reasons
we
can
share
your
personal
information
Does
FOWLER
STATE
BANK
share?
Can
you
limit
this
sharing?
For
our
everyday
business
purposes
–
such
as
to
process
your
transactions,
maintain
your
account(s),
respond
to
court
orders
and
legal
investigations,
or
report
to
credit
bureaus
Yes
No
For
our
marketing
purposes
–
to
offer
our
products
and
services
to
you
No
We
don't
share
For
joint
marketing
with
other
financial
companies
No
We
don't
share
For
our
affiliates'
everyday
business
purposes
–
information
about
your
transactions
and
experiences
No
We
don't
share
For
our
affiliates'
everyday
business
purposes
–
information
about
your
creditworthiness
No
We
don't
share
For
our
affiliates
to
market
to
you
No
We
don't
share
For
nonaffiliates
to
market
to
you
No
We
don't
share
Questions?
Call
(719)
263-4276
or
go
to
www.fowlerstate.com
PAGE
2
What
we
do
How
does
FOWLER
STATE
BANK
protect
my
personal
information?
To
protect
your
personal
information
from
unauthorized
access
and
use,
we
use
security
measures
that
comply
with
federal
law.
These
measures
include
computer
safeguards
and
secured
files
and
buildings.
How
does
FOWLER
STATE
BANK
collect
my
personal
information?
We
collect
your
personal
information,
for
example,
when
you
open
an
account
or
deposit
money
show
your
driver's
license
or
apply
for
a
loan
use
your
credit
or
debit
card
We
also
collect
your
personal
information
from
others,
such
as
credit
bureaus,
affiliates,
or
other
companies.
Why
can't
I
limit
all
sharing?
Federal
law
gives
you
the
right
to
limit
only
sharing
for
affiliates'
everyday
business
purposes
–
information
about
your
creditworthiness
affiliates
from
using
your
information
to
market
to
you
sharing
for
nonaffiliates
to
market
to
you
State
laws
and
individual
companies
may
give
you
additional
rights
to
limit
sharing.
Definitions
Affiliates
Companies
related
by
common
ownership
or
control.
They
can
be
financial
and
nonfinancial
companies.
FOWLER
STATE
BANK
has
no
affiliates.
Nonaffiliates
Companies
not
related
by
common
ownership
or
control.
They
can
be
financial
and
nonfinancial
companies.
FOWLER
STATE
BANK
does
not
share
with
nonaffiliates
so
they
can
market
to
you.
Joint
marketing
A
formal
agreement
between
nonaffiliated
financial
companies
that
together
market
financial
products
or
services
to
you.
FOWLER
STATE
BANK
doesn't
jointly
market.
Other
important
information
DEPOSIT
PRO,
Ver.
17.2.10.037
Copr.
D+H
USA
Corporation
1996,
2017.
All
Rights
Reserved.
CO
-
CO
-
L:\CFI\TIS\L701
TR-80
