Terms
And Conditions Of Your Account
Agreement
This document along with any other documents we give
you pertaining to your account(s), is a contract that establishes
rules which control your account(s) with us. Please read
this carefully. If you sign the signature card or open or
continue to have your account with us, you agree to these
rules. You will receive a separate schedule of rates, qualifying
balances, and fees if they are not included in this document.
If you have any questions, please call us.
This agreement is subject to applicable
federal laws and the laws of the state of Illinois (except
to the extent that this agreement can and does vary such rules
or laws). The body of state and federal law that governs
our relationship with you, however, is too large and complex
to be reproduced here. The purpose of this document is to:
- summarize some laws that apply to common
transactions;
- establish rules to cover transactions or events which the
law does not regulate;
- establish rules for certain transactions or events which the
law regulates but permits variation by agreement; and
- give you disclosures of some of our policies to which you
may be entitled or in which you may be interested.
If any provisions of this document are found to be unenforceable
according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from
our standard agreement, but we must agree to any variation
in writing either on the signature card for your account or
in some other document.
As used in this document the words "we,
" "our," and "us" mean the financial
institution and the words "you" and "your"
mean the account holder(s) and anyone else with the authority
to deposit, withdraw, or exercise control over the funds in
the account. The headings in this document are for convenience
or reference only and will not govern the interpretation of
the provisions. Unless it would be inconsistent to do so,
words and phrases used in this document should be construed
so the singular includes the plural and the plural includes
the singular.
Liability
You agree, for yourself (and the person or entity you represent
if you sign as a representative of another) to the terms of
this account and the schedule of charges. You authorize us
to deduct these charges directly from the account balance
as accrued. You will pay any additional reasonable charges
for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and
severally (individually) liable for any account shortage resulting
from charges or overdrafts, whether caused by you or another
with access to this account. This liability is due immediately,
and can be deducted directly from the account balance whenever
sufficient funds are available. You have no right to defer
payment of this liability, and you are liable regardless of
whether you signed the item or benefited from the charge or
overdraft. This includes liability for our costs to collect
the deficit including, to the extent permitted by law, our
reasonable attorneys' fees.
Deposits
We will give only provisional credit until collection is final
for any items, other than cash, we accept for deposit (including
items drawn "on us"). Actual credit for deposits
of, or payable in, foreign currency will be at the exchange
rate in effect on final collection in U.S. dollars. We are
not responsible for transactions by mail or outside depository
until we actually record them. We will treat and record all
transactions received after our "daily cutoff time"
on a business day we are open, or received on a day we are
not open for business, as if initiated on the next following
business day that we are open.
Withdrawls
Unless clearly indicated otherwise on the account records,
any of you, acting alone, who signs in the space designated
for signatures on the signature card may withdraw or transfer
all or any part of the account balance at any time. Each of
you (until we receive written notice to the contrary) authorizes
each other person signing the signature card to endorse any
item payable to you or your order for deposit to this account
or any other transaction with us. We may charge your account
for a check even though payment was made before the date of
the check, unless we have received written notice of the postdating
in time to have a reasonable opportunity to act. We may refuse
any withdrawal or transfer request which you attempt on forms
not approved by us, by any method we do not specifically permit,
which is greater in number than the frequency permitted, or
which is for an amount greater or less than any withdrawal
limitations. Even if we honor a nonconforming request, we
may treat continued abuse of the stated limitations (if any)
as your act of closing the account. We will use the date the
transaction is completed by us (as opposed to the date you
initiate it) to apply the frequency limitations. The fact
that we may honor withdrawal requests that overdraw the available
account balance does not obligate us to do so later (See our
Funds Availability Policy disclosure for information about
when you can withdraw funds you deposit.) For those accounts
for which our funds availability policy disclosure does not
apply, you can ask us when you make a deposit when those funds
will be available for withdrawal.
We may require not less than 7 days' notice
in writing before each withdrawal from an interest-bearing
account other than a time deposit, or from any other savings
account as defined by Regulation D. Withdrawals from a time
account prior to maturity or prior to any notice period may
be restricted and may be subject to penalty. See your notice
of penalty for early withdrawal.
Ownership Of Account And Beneficiary Designation
These rules apply to this account depending on the
form of ownership and beneficiary designation, if any, specified
on the account records. We make no representations as to the
appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay the
account funds.
Individual Account is an
account in the name of one person.
Joint Account With Survivorship
(And not as Tenants in Common) is an account in the
name of two or more persons. Each of you intend that when
you die the balance in the account (subject to any previous
pledge to which we have agreed ) will belong to the survivor(s).
If two or more of you survive, you will own the balance in
the account as joint tenants with survivorship and not as
tenants in common.
Joint Account No Survivorship
(As Tenants in Common) is owned by two or more persons, but
none of you intend (merely by opening this account) to create
any right of survivorship in any other person. We encourage
you to agree and tell us in writing of the percentage of the
deposit contributed by each of you. This information will
not, however, affect the "number of signatures"
necessary for withdrawal.
Revocable Trust or Pay-On-Death
Account
Pay-On-Death accounts may be created only if the account is
owned by one person. Revocable Trust accounts may be created
by accounts with one or more owners. If two or more of you
create a Revocable Trust account, you own the account jointly
with survivorship. Beneficiaries of either of these account
types cannot withdraw unless: (1) all persons creating the
account die, and (2) the beneficiary is then living. If two
or more beneficiaries are named and survive the death of the
owner(s) of the account, such beneficiaries will own this
account in equal shares, without right of survivorship. The
person(s) creating either a Pay-On-Death or Revocable Trust
account reserves the right to: (1) change beneficiaries, (2)
change account types, and (3) withdraw all or part of the
account funds at any time.
Business Accounts
Earnings in the form of interest, dividends, or credits
will be paid only on collected funds, unless otherwise provided
by law or our policy. We may require the governing body of
the legal entity opening the account to give us a separate
authorization telling us who is authorized to act on its behalf.
We will honor the authorization until we actually receive
written notice of a change from the governing body of the
legal entity.
Stop Payments
You must make any stop-payment order in the manner required
by law and we must receive it in time to give us a reasonable
opportunity to act on it before our stop-payment cutoff time.
To be effective, your stop-payment order must precisely identify
the number, date and amount of the item, and the payee.
You may stop payment on any item drawn on
your account whether you sign the item or not, if you have
an equal or greater right to withdraw from this account than
the person who signed the item. A release of the stop-payment
request may be made only by the person who initiated the stop-payment
order.
Our stop-payment cutoff time is one hour
after the opening of the next banking day after the banking
day on which we receive the item. Additional limitations on
our obligation to stop payment are provided by law (e.g.,
we paid the item in cash or we certified the item).
Telephone Transfers
A telephone transfer of funds from this account to another
account with us, if otherwise arranged for or permitted, may
be made by the same persons under the same conditions generally
applicable to withdrawals made in writing. Unless a different
limitation is disclosed in writing, we restrict the number
of transfers from a savings account to another account or
to third parties, to a maximum of six per month (less the
number of "preauthorized transfers" during the month).
Other account transfer restrictions may be described elsewhere.
Amendments And Termination
We may change any term of this agreement. Rules governing
changes in interest rates are provided separately. For other
changes, we will give you reasonable notice in writing or
by any other method permitted by law. We may also close this
account at any time upon reasonable notice to you and tender
of the account balance personally or by mail. Notice from
us to any one of you is notice to all of you.
Statements
You must examine your statement of account with "reasonable
promptness." If you discover (or reasonably should have
discovered) any unauthorized signatures or alterations, you
must promptly notify us of the relevant facts. As between
you and us, if you fail to do either of these duties, you
will have to either share the loss with us, or bear the loss
entirely yourself (depending on whether we used ordinary care
and, if not, whether we substantially contributed to the loss).
The loss could be not only with respect to items on the statement
but other items with unauthorized signatures or alterations
by the same wrongdoer.
You agree that the time you have to examine
your statement and report to us will depend on circumstances,
but will not, in any circumstance, exceed a total of 30 days
from when the statement is first sent or made available to
you.
You further agree that if you fail to report
any unauthorized signatures, alterations, forgeries, or any
other errors in your account within 60 days of when we first
send or make the statement available, you cannot assert a
claim against us on any items in that statement, and as between
you and us the loss will be entirely yours. This 60-day limitation
is without regard to whether we used ordinary care. The limitation
in this paragraph is in addition to that contained in the
first paragraph of this section.
Account Transfer
This account may not be transferred or assigned without our
prior written consent.
Direct Deposits
If, in connection with a direct deposit plan, we deposit any
amount in an account which should have been returned to the
Federal Government for any reason, you authorize us to deduct
the amount of our liability to the Federal Government from
the account or from any other account you have with us, without
prior notice and at any time, except as prohibited by law.
We may also use any other legal remedy to recover the amount
of the liability.
Temporary Account Agreement
If this option is selected, this is a temporary account agreement.
Each person who signs in the space designated for signatures
on the signature card (except as indicated to the contrary)
may transact business on this account. However, we may at
some time in the future restrict or prohibit further use of
this account if you fail to comply with the requirements we
have imposed within a reasonable time.
Setoff
We may (without prior notice and when permitted by law) set
off the funds in this account against any due and payable
debt you owe us now or in the future, by any of you having
the right of withdrawal, to the extent of such persons' or
legal entity's right to withdraw. If the debt arises from
a note, "any due and payable debt" includes the
total amount of which we are entitled to demand the payment
under the terms of the note at the time we set off, including
any balance the due date for which we properly accelerate
under the note.
This right of setoff does not apply to this
account if: (a) it is an IRA or other tax-deferred retirement
account, or (b) the debt is created by a consumer credit transaction
under a credit card plan (but this does not affect our rights
under any consensual security interest), or (c) the debtor's
right of withdrawal only arises in a representative capacity.
We will not be liable for the dishonor of any check when the
dishonor occurs because we set off a debt against this account.
You agree to hold us harmless from any claim arising as a
result of our exercise of our right of setoff.
Authorized Signer (Individual Accounts
Only)
A single individual is the owner. The authorized signer is
merely designated to conduct transactions on the owner's behalf.
We undertake no obligation to monitor transactions to determine
that they are on the owner's behalf.
Restrictive Legends
We are not required to honor any restrictive legend on checks
you write unless we have agreed in writing to the restrictions.
Examples of restrictive legends are "must be presented
within 90 days" or "not valid for more than $1,000.00."
Ach And Wire Transfers
This agreement is subject to Article 4A of the Uniform Commercial
Code - Fund Transfers as adopted in the state in which you
have your account with us. If you originate a fund transfer
for which Fedwire is used, and you identify by name and number
a beneficiary financial institution, an intermediary financial
institution or a beneficiary, we and every receiving or beneficiary
financial institution may rely on the identifying number to
make payment. We may rely on the number even if it identifies
a financial institution, person or account other than the
one named. You agree to be bound by automated clearing house
association rules. These rules provide, among other things,
that payments made to you, or originated by you, are provisional
until final settlement is made through a Federal Reserve Bank
or payment is otherwise made as provided in Article 4A-403(a) of
the Uniform Commercial Code. If we do not receive such payment, we
are entitled to a refund from you in the amount credited to
your account and the party originating such payment will not
be considered to have paid the amount so credited. If we receive
a credit to an account you have with us by wire or ACH, we
are not required to give you any notice of the payment order
or credit.
Stale-Dated Checks
We are not obligated to, but may at our option, pay a check other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the check in the manner we have described elsewhere.
Unclaimed Property
The law established procedures under which unclaimed property must be surrendered to the state. (We may have our own rules regarding dormant account, and if we charge a fee for dormant accounts it will be disclosed to you elsewhere.) Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years. Ask us if you want further information about the period of time or type of activity that will prevent your account from being unclaimed. If your funds are surrendered to the state, you may be able to reclaim them, but your claim must be presented to the state. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
Utma Accounts
Under the Uniform Transfers to Minor Act, the funds in the account are owned by the child who has unconditional use of the account when he or she reached the age of majority. Before that time, the account may be accessed only by the custodian (or successor custodian), and the funds must be used for the benefit of the child. We, however, have no duty or agreement whatsoever to monitor or insure that the acts of the custodian (or successor custodian) are for the child’s benefit. For this type of account, the child’s SSN/TIN is used for the Backup Withholding Certification.
Facsimile Signature
If you wish us to honor a facsimile signature, you must notify us in writing. If you do not, we may not honor such a signature and in either case, we assume no liability when a facsimile signature is issued.
Dormacy
The Bank considers a checking account or money market account dormant if you have not deposited or withdrawn funds for one year. Savings accounts without a deposit or withdrawal for three years are considered dormant.
Account Termination
We may terminate you account(s) upon reasonable notice to you and tender of the account balance personally or by mail. We may also require you to close your account and to open a new account if: 1) there is a change in authorized signers; 2) there has been a forgery or fraud committed involving your account; 3) any account checks are lost or stolen; 4) you have too many transfers from your account; or 5) any other provisions violated, and we may charge your account a Bank-initiated account disclosure fee. You may terminate your account by notifying us in writing. We are not responsible for payment of any check withdrawal or other item once your account is terminated.
Check Cashing
We may refuse to cash a check drawn on your account if you have insufficient funds in your account to cover the amount of the check. At our discretion, we may refuse to cash a check drawn on your account if it is presented at the teller window by a person who is not our customer. You agree to waive any claim that you may have against us if we refuse to honor a check under these circumstances. You also agree to indemnify us and hold us harmless for any losses, costs, damages, expenses, and liabilities, including reasonable attorney’s fees that we may incur in connection with any claim or action resulting from our refusal to cash a check for a non-customer.
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