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Terms and Conditions of Your Account
USA PATRIOT ACT - Customer Identification Requirements
In accordance with Section 326 of the USA Patriot Act, applicants for new accounts are requested to provide current picture identification that verifies identity including name, address and other identifying information. Other identifying information may include your occupation, or your former occupation if you are retired or not working, or your citizenship.
In some cases, identification or other identifying information will be requested for current account holders if original documentation was not obtained with the opening of the account. In all cases, protection of our customers' identity and confidentiality is our pledge to you.
We proudly support all efforts to protect and maintain the security of our customers and our country.
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 states of Michigan and California (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:
If any provision of this document is 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"). 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.
WITHDRAWALS - 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 the 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.
CHEXSYSTEMS - When an account is closed by improper or unsatisfactory activity, we report it to ChexSystems, Inc. We also use ChexSystems, Inc., to verify the previous bank account relationships of applicants for our accounts. If an account is declined based on adverse information received from ChexSystems, the applicant may request in writing that ChexSystems send a copy of the information to the applicant for review. Requests, including name, address, social security number, and signature, should be sent by phone, fax or written correspondence to:
ChexSystems, Attn: Consumer Relations
12005 Ford Road, Suite 600, Dallas, Texas 75234
Consumer Relations: Phone: 1-800-428-9623 or
Fax: 214-241-4772.
NOTICE OF NEGATIVE INFORMATION - Federal law requires us to provide the following notice to customers before any "negative information" may be furnished to a nationwide consumer reporting agency. "Negative information" includes information concerning delinquencies, overdrafts or any form of default. This notice does not mean that we will be reporting such information about you, only that we may report such information about customers that have not done what they are required to do under our agreement.
After providing this notice, additional negative information may be submitted without providing another notice.
We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION:
Individual Accounts - You may open an account in the name of one person. You are the only person that can deposit or withdraw funds.
Joint Tenancy Accounts - You may open an account in the name of two or more persons as joint tenants. If one of the persons named as joint tenant dies, the surviving joint tenant(s) own the account. This is known as the right of survivorship. If two or more joint tenants survive, the surviving joint tenants will own the account as joint tenants with rights of survivorship.
Unless otherwise specified, the word "or" will appear between the names of the joint tenants. You agree that any or all of the joint tenants may make deposits or withdrawals and that we may follow the instructions of any one of the joint tenants without becoming liable to the others. If specified by all joint tenants, the word "and" may appear between the names of the joint tenants. For such an account, we require the signatures of all joint tenants for deposits, withdrawals, and other requests.
Tenants In Common Accounts - You may open an account in the name of two or more persons as tenants in common. Tenants in common do not have the right of survivorship. As a tenant in common, you own a share of the balance in the account separately from the other owner(s). You share equally in the account with the other owners unless specifically indicated on your account records. The word "and" will appear in the caption. We require the signatures of all owners for deposits, withdrawals, and other requests.
Trust Accounts - You may open an account as trustee of a trust. Only you, as trustee, may transact account business. As the trustee, you have the responsibility for complying with your fiduciary obligations.
In Trust For Accounts - You may open an account that names a beneficiary(ies) in case of death. By naming a beneficiary(ies), you intend ownership of the account to pass upon the death of the account owner(s) to the named surviving beneficiary(ies). You may change beneficiary(ies), change the account type, and withdraw any or all funds in the account at any time. Certificate of Deposit accounts are subject to penalties for early withdrawal. Named beneficiary(ies) do not have rights to the account until the death of the account owners.
If the In Trust For account names two or more persons as owners, the word "or" will appear in between the names in the caption. You agree that any or all of you may change beneficiary(ies), change the account type deposit, withdraw any or all funds in the account at any time (Certificate of Deposit accounts are subject to penalties for early withdrawal), and we may follow the instructions of any one person without becoming liable to the other(s). If specified by all owners, the word "and" may appear between the names in the caption. We require the signatures of all owners for any account activity.
Corporate, Partnership, and other Organizational Accounts - We require the governing body of the legal entity to give us a separate authorization telling us who is authorized to act on its behalf. Only the authorized representatives may transact account business. We will honor the authorization until we actually receive written notice of a change from the governing body of the legal entity.
Custodial Accounts - You may open an account as custodian for a minor under the Uniform Transfer (Gifts) to Minors Act ("Act"). As custodian, you control the account for the benefit of the minor until the minor reaches the age stated in the Act. You may have only one custodian and one minor for each custodial account. As the custodian, you are responsible for complying with the Act.
B>Guardianship Accounts - You may open an account as guardian for a ward. As a guardian, you and only you control the account for the ward. As guardian, you are responsible for complying with your fiduciary obligations.
Estate Accounts - The court appointed representative, of a decedent's estates may open an account in the name of the decedent. As the estate's representative, you and only you control the account for the estate.
If the Estate account names two or more representatives, the word "or" will appear in between the names. You agree that any or all of you may deposit, withdraw any or all funds in the account at any time, and that we may follow the instructions of any one representative without becoming liable to the other(s). If specified by all joint owners, the word "and" may appear between the names. The signatures of all representatives will be required for all account activity.
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). All verbal stop payment orders must be followed by a written authorization within 14 calendar days. Written stop payment is effective for six months and may be renewed as provided by law.
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 the 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 - Accounts 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 our 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. The amount of the setoff may be further limited by applicable law. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand 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 restriction. Examples of restrictive legends are "must be presented within 90 days" or "not valid for more than $1,000.00."
PAYMENT ORDER OF ITEMS - The law permits us to pay items (such as checks or drafts) drawn on your account in any order. To assist you in handling your account with us, we are providing you with the following information regarding how we process the items that you write. When processing items drawn on your account, our policy is to pay them in numerical sequence. Lower item numbers are paid first. The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. There is no policy that is favorable in every instance. If the smallest items are paid first, you may have fewer NSF or overdraft fees, but the largest, and perhaps more important items (such as rent or mortgage payments) might not be paid. If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF). The amounts of the overdraft and NSF fees are disclosed elsewhere. By paying items in numerical sequence, we think our policy attains a reasonable balance between minimizing additional cost to you and paying your more important items. We encourage you to make careful records and practice good account management. This will help you to avoid writing checks or drafts without sufficient funds and incurring the resulting fees.
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.
FACSIMILE SIGNATURES - You authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the signature specimen on file with us, and contain the required number of signatures for this purpose.
FICTITIOUS BUSINESS NAME ACCOUNTS - If the name in which the account is held is fictitious, each account holder represents that one or more of the account holders have the right to use that name and have fulfilled all legal requirements for using and or doing business under that name.
POWER OF ATTORNEY - You may wish to appoint an agent to conduct transactions on your behalf. (We, however, have no duty or agreement whatsoever to monitor or insure that the acts of the agent are for your benefit.) This may be done by allowing your agent to sign in that capacity on the signature card or by separate form, such as a power of attorney. A power of attorney continues until your death or the death of the person given the power. If the power of attorney is not "durable," it is revoked when you become incompetent. We may continue to honor the transactions of the agent until: (a) we have received written notice or have actual knowledge of the termination of the authority or the death of an owner, and (b) we have had a reasonable opportunity to act on that notice or knowledge. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid power of attorney.
CHECK STORAGE AND COPIES - You agree that you will not receive your canceled checks. We will store your canceled checks or copies of them for a reasonable retention period. You may request copies from us in the manner we require.
ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
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ELECTRONIC FUNDS TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES
This Electronic Funds Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.
Indicated below are types of Electronic Funds Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
Telephone Banking Transfers - types of transfers - You may access your account by telephone 24 hours a day at 1-888-776-2265 using your personal identification number, a touch tone phone, and your customer information file (CIF), to:
Your Option to Limit Cash Withdrawals (For Michigan customers only) - In addition to dollar amount limitations for withdrawals using your ATM and/or MasterMoney Debit Card and/or code that we may establish, you have the option to limit the amount of cash that can be withdrawn by your ATM and/or MasterMoney Debit Card and/or code to $50.00 per day or some other amount acceptable to us.
ATM Transfers - types of transfers, dollar limitations, and charges - You may access your liquid account(s) by ATM using your ATM card and personal identification number or your MasterMoney Debit Card and personal identification number, to:
Please refer to our separate inserts for dollar limitations and fees that may apply.
Some of these services may not be available at all terminals.
Types of ATM Card Point-of-Sale Transactions - You may access your checking or savings account(s) to purchase goods (in person), pay for services (in person), and get cash from a merchant, if the merchant permits, or from a participating financial institution.
Some of these services may not be available at all terminals.
Types of MasterMoney Debit Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.
Point-of-Sale Transactions - dollar limitations and charges - Using your card:
Please refer to our separate inserts for dollar limitations and fees that may apply.
Currency Conversion. If you effect a transaction with your MasterMoney Debit Card in a currency other than US Dollars, MasterCard will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Please see your cardholder agreement for additional information relating to the use of your MasterMoney Debit Card.
Online Banking Computer Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by computer using your personal identification number and your customer number, to:
Please refer to our separate inserts for dollar limitations and fees that may apply.
Minimum account balance - (For Michigan customers only) -
FEES
Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
PREAUTHORIZED PAYMENTS
FINANCIAL INSTITUTION'S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
REGULATORY AUTHORITY
(For Michigan customers only)
If you believe that any provision of the Michigan Electronic Funds Transfer Act has been violated you should notify the Office of Financial and Insurance Regulation at the Michigan Department of Labor and Economic Growth, P.O. Box 30220, Lansing, Michigan 48909 or Office of Thrift Supervision, Central Region Office, 1 South Wacker Drive, Suite 2000, Chicago, Illinois 60606.
UNAUTHORIZED TRANSFERS
(For Michigan customers only)
(a) Consumer liability.
• Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
• Additional Limits on Liability for MasterMoney Debit Card, when used for point-of-sale transactions. You will not be liable for any unauthorized transactions using your MasterMoney Debit Card, when used for point-of-sale transactions, if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, (ii) you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period, and (iii) your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to us. "Unauthorized use" means the use of your debit card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard.
(For California customers only)
(a) Consumer liability.
• Generally. Tell us at once if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers made by card, code or other means that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
• Limited Liability for MasterMoney debit card. Your liability is further limited if your card can be used to initiate a transaction for which you are not required to provide identifying information, such as a Personal Identification Number. You could lose all the money in your account. Your liability for the unauthorized use of your card will be no more than $50 if you notify us of the unauthorized use. However, you will not be liable for any point-of-sale transactions, if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, (ii) you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period, and (iii) your account is in good standing. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to us.
If you fail to notify us of an unauthorized use that appears on a periodic statement within 60 days of our transmittal of the statement, and we can establish that we could have prevented the unauthorized use if you had notified us within this period, you will be liable for each unauthorized transfer (other than MasterCard® point-of-sale transactions) that occurs after the close of the 60 days and before you give us notice. Regardless, your liability for unauthorized point-of-sale transactions will be no more than $50, as described above.
If you fail to notify us because of extenuating circumstances beyond your control that contributed to your delay in notifying us, such as a serious physical impairment or hospitalization, this time period may be extended.
(For Michigan and California customers)
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
STERLING BANK & TRUST
ONE TOWNE SQUARE, 17TH FLOOR
SOUTHFIELD, MICHIGAN 48076
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (248) 355-2400
MORE DETAILED INFORMATION IS AVAILABLE
ON REQUEST
NOTICE OF ATM/NIGHT DEPOSIT
FACILITY USER PRECAUTIONS
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
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YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to "transaction" accounts. Transaction accounts, in general, are accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.
Our policy is to delay the availability of funds from your cash and check deposits. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
DETERMINING THE AVAILABILITY OF A DEPOSIT
The length of the delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
The length of the delay varies depending on the type of deposit and is explained below.
If you make a deposit at an ATM before 3:00 P.M. ET, 12:00 Noon PT (cutoff times may be later on some days or at some locations) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after 3:00 P.M. ET, 12:00 Noon PT or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Same-Day Availability
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Next-Day Availability
Other Check Deposits
The delay for other check deposits depends on whether the check is a local or a nonlocal check. To see whether a check is a local or a nonlocal check, look at the routing number on the check:

If the first four digits of the routing number (1234 in the examples above) are 0220, 2220, 0223, 2223, 0410, 2410, 0412, 2412, 0420, 2420, 0421, 2421, 0422, 2422, 0423, 2423, 0430, 2430, 0432, 2432, 0433, 2433, 0434, 2434, 0440, 2440, 0441, 2441, 0442, 2442, 0515, 2515, 0519, 2519, 0720, 2720, 0724, 2724, 0740, 2740, 0749, 2749, 0813, 2813, 0830, 2830, 0839, 2839, 0863, 2863 (for Michigan customers only) or 1210, 3210, 1211, 3211, 1212, 3212, 1213, 3213, 1220, 3220, 1221, 3221, 1222, 3222, 1223, 3223, 1224, 3224, 1230, 3230, 1231, 3231, 1232, 3232, 1233, 3233, 1250, 3250, 1251, 3251, 1252, or 3252, (for California customers only), then the check is a local check. Otherwise, the check is a nonlocal check. Some checks are marked "payable through" and have a four- or nine-digit number nearby. For these checks, use the four-digit number (or the first four digits of the nine-digit number), not the routing number on the bottom of the check, to determine if these checks are local or nonlocal. Our policy is to make funds from local and nonlocal checks available as follows.
1. Local checks. The first $100 from a deposit of local checks will be available on the same day as the day of deposit. The remaining funds will be available on the second business day after the day of your deposit.
For example, if you deposit a local check of $700 on a Monday, $100 of the deposit is available on Monday. The remaining $600 is available on Wednesday.
2. Nonlocal checks (for Michigan customers only). The first $100 from a deposit of nonlocal checks will be available on the same day as the day of your deposit. The remaining funds will be available on the third business day after the day of your deposit.
For example, if you deposit a $700 nonlocal check on a Monday, $100 of the deposit is available on Monday. The remaining $600 is available on Thursday.
2a. Nonlocal California checks (for California customers only). You can tell if a check is drawn on a California institution by looking at the address on the check. The first $100 from a deposit of nonlocal California checks will be available on the day of your deposit for cash withdrawal and to pay checks you have written to others. The remainder will be available on the third business day after the day of your deposit for cash withdrawal and to pay checks you have written to others.
2b. Nonlocal out-of-state checks (for California customers only). The first $100 from a deposit of nonlocal out-of-state checks will be available on the day of your deposit. All of the remaining funds will be available on the third business day after the day of your deposit to pay checks you have written to others.
For example, if you deposit a $700 nonlocal check on a Monday, $100 of the deposit is available on Monday. The remaining $600 is available on Thursday.
3. Local and nonlocal checks. If you deposit both categories of checks, $100 from the checks will be available on the day of your deposit, not $100 from each category of check.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
CASH WITHDRAWAL LIMITATION
(For Michigan customers only)
For local and nonlocal checks described under the section heading Other Check Deposits, we place certain limitations on withdrawals in cash. In general, $100 of a deposit is available for withdrawal in cash on the first business day after the day of deposit. In addition, a total of $400 of other funds becoming available on a given day is available for withdrawal in cash at or after 5:00 P.M. ET on that day. Any remaining funds will be available for withdrawal in cash on the following business day.
CASH WITHDRAWAL LIMITATION
(For California customers only)
For local and nonlocal out-of-state checks described under the section heading Other Check Deposits, we place certain limitations on withdrawals in cash. In general, $100 of a deposit is available for withdrawal in cash on the first business day after the day of deposit. In addition, a total of $400 of other funds becoming available on a given day is available for withdrawal in cash at or after 5:00 P.M. PT on that day. Any remaining funds will be available for withdrawal in cash on the following business day.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period under the following circumstances:
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.
You should ask us if you want to know when a particular deposit will be available for withdrawal.
CHECKS THAT MAY NOT BE COLLECTIBLE
Occasionally, a check is given to us that we decide not to accept for deposit or payment because we doubt the collectibility of funds. When this happens, we will return the check to you. On other occasions, we will learn that a check we have accepted for deposit may not be honored. Should this happen, we will delay the availability of the deposit for a reasonable period of time until the check is either paid or returned. In all cases, we will notify you of the action we take.
DEPOSITS AT AUTOMATED TELLER MACHINES
Our policy is to make funds you deposit at ATMs available as follows:
1. Certain deposits at ATMs we own or operate: Handled in our customary manner as described in the section entitled, "Determining the Availability of a Deposit".
2. Nonlocal checks and any deposits made at ATMs we DO NOT own or operate: Any remaining funds from a deposit of nonlocal checks or any deposits made at ATMs we DO NOT own or operate will be available on the fourth business day after the day of your deposit.
All ATMs that we own or operate are identified as our machines.
SUBSTITUTE CHECKS AND YOUR RIGHTS
Important Information About Your Checking Account
What Is a Substitute Check?
To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What Are My Rights Regarding Substitute Checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How Do I Make a Claim for a Refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at (contact information, for example phone number, mailing address, e-mail address). You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include -
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TRUTH-IN-SAVINGS DISCLOSURE
BUSINESS CHECKING ACCOUNT
This account is not a consumer account to which Truth in Savings applies.
Additional information:
Please refer to our separate insert for opening balance requirements and any fees that may apply to this account.
YOUR CHOICE CHECKING ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time. Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month.
Minimum balance to avoid imposition of fees - A below minimum balance fee will be imposed each monthly statement cycle if the average daily balance falls below minimum balance stated in our separate insert. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the first business day after the banking day you deposit noncash items (for example, checks).
Additional information:
Funds may be automatically transferred from a Sterling Bank and Trust Money Market account to a Sterling Bank and Trust checking account for the purpose of paying a check(s) clearing the checking account. Transfer of funds will be made in increments of $50.00 and a fee may be assessed for each transfer, at the discretion of Sterling Bank and Trust.
The ownership of both the money market account and the checking account must be identical. Transfers are limited to the regulatory amount per statement cycle. Transfers in excess of the regulatory limit are subject to a service charge and may result in the closure of the money market account, forfeiture of transfer privileges, or loss of future interest on the account.
Please refer to our separate insert for opening balance requirements and any fees that may apply to this account.
STATEMENT SAVINGS ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time. Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded every quarter. Interest will be credited to your account every quarter.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the first business day after the banking day you deposit noncash items (for example, checks).
Transaction limitations:
Please refer to "Important Regulation D Reminder Regarding Transaction Limitations" in this section.
Additional information:
Please refer to our separate insert for opening balance requirements and any fees that may apply to this account.
BUSINESS MONEY MARKET ACCOUNT
This account is not a consumer account to which Truth in Savings applies.
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time. Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the first business day after the banking day you deposit noncash items (for example, checks).
Transaction limitations:
Please refer to "Important Regulation D Reminder Regarding Transaction Limitations" in this section.
Additional information:
Please refer to our separate insert for opening balance requirements and any fees that may apply to this account.
PERSONAL MONEY MARKET ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time. Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded every month. Interest will be credited to your account every month.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the first business day after the banking day you deposit noncash items (for example, checks).
Transaction limitations:
Please refer to "Important Regulation D Reminder Regarding Transaction Limitations" in this section.
Additional information:
Please refer to our separate insert for opening balance requirements and any fees that may apply to this account.
IMPORTANT REGULATION D REMINDER
REGARDING TRANSACTION LIMITATIONS -
Federal regulation requires us to limit the number of withdrawal transactions from savings accounts and money market accounts. For these accounts, unlimited withdrawals may be performed when made:
You may also make up to six (6) withdrawals per month in any combination of withdrawals to another account of yours or to a third party by:
Of these six (6), you may make no more than three (3) withdrawals to a third party by:
After six (6) of these transactions, any further withdrawals against the account will be denied and the account may incur overdrafts and other fees.
To avoid these fees, you may wish to:
TIME DEPOSIT
Please refer to the actual certificate for information on rates, compounding, crediting and maturity.
Alternatively, you may choose to have interest paid to you by check or transferred to another account rather than credited to this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the first business day after the banking day you deposit noncash items (for example, checks).
Special Rules for New Customers
You are considered a new customer if you have not had a deposit account with us for at least 30 days prior to your opening the account. For the first 30 days your new Certificate of Deposit account is open, funds deposited by check will not be available for withdrawal for 30 calendar days.
Transaction limitations:
You may not make any deposits into your account before maturity except during the grace period.
You may make withdrawals of principal from your account before maturity only if we agree at the time you request the withdrawal.
You can only withdraw interest before maturity if you make arrangements with us for periodic payments of interest in lieu of crediting.
Early withdrawal penalties (a penalty will be imposed for withdrawals before maturity) -
In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty. Other exceptions may also apply, for example, if this is part of an IRA or other tax-deferred savings plan.
Withdrawal of interest prior to maturity - The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Automatically renewable time account - This account will automatically renew at maturity. You may prevent renewal if you withdraw the funds in the account at maturity (or within any grace period mentioned below). Certificates of Deposit will automatically renew if not closed during the grace period. Interest is paid throughout the grace period at the rate offered for new time accounts of the same term.
Each renewal term will be the same as the original term, beginning on the maturity date. The interest rate will be the same we offer on new time deposits on the maturity date which have the same term, minimum balance (if any) and other features as the original time deposit.
You will have seven calendar days after maturity to withdraw the funds without a penalty.
COMMON FEATURES
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.
The categories of transactions for which an overdraft fee may be imposed are those by any of the following means: check, in-person withdrawal, ATM withdrawal, or other electronic means.
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Please refer to our separate fee schedule and rate sheet for current information on fees, charges, interest rates and annual percentage yields.
You may incur an additional fee if your checks are not encoded with magnetic ink or you chose to print your own checks.
You agree not to use gel pens, light colored ink, or checks that contain a background image that interferes with our or any other bank's ability to produce a digital image of your check. If you do, you will be responsible for any losses you or another person suffers because of the inability to produce a readable digital image of your check.
Foreign checks, such as Canadian checks, payable in U.S. funds may be subject to additional processing fees.
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