Deposit Agreement


DEPOSIT AGREEMENT

and

YOUR ABILITY TO WITHDRAW FUNDS
FROM YOUR DEPOSIT ACCOUNT

with Intrust Bank, N.A.

Table of Contents
DEPOSIT AGREEMENT

THIS AGREEMENT CONTAINS A BINDING ARBITRATION SECTION. WHEN YOU CONSENT TO THIS AGREEMENT YOU ARE ALSO CONSENTING TO THE BINDING ARBITRATION SECTION. PLEASE REFER TO BINDING ARBITRATION AND WAIVER OF JURY IN SECTION H.

Introduction. Welcome to Intrust Bank. This Deposit Agreement ("Agreement") explains the terms and conditions of the personal and business checking, savings, money market and time deposit accounts we offer. It replaces any previous Deposit Agreement received by you. If you are a Consumer, you received a copy of our Truth in Savings Disclosures and Personal Accounts Fee Schedule when you opened your account. If you are a business, you received our Business Account Product Information and Business Accounts Fee Schedule when you opened your account. These and any other documents evidencing your account are all a part of this Agreement. This list of deposit accounts and services, and others, may be subject to separate agreements and disclosures:

  • IRAs,
  • Health Savings Accounts,
  • Online Banking and Mobile Banking,
  • Online Bill Pay and E-Bill Presentment,
  • Automated Telephone Transfer,
  • Overdraft Protection,
  • Electronic Statements and Notices,
  • Cash Management,
  • Business Online Banking, and
  • Sweep Accounts.

Throughout this Agreement, "you" or "your" refers to each person or entity in whose name the account is maintained or who has an ownership in an account. "Bank", "we", "us" or "our" refers to Intrust Bank. All times referred to in this Agreement are Central Time.

By maintaining an account with us, you consent to the terms of this Agreement. We may change the terms from time to time. You understand this Agreement and any changes is a binding contract between you and us for your deposit account and our deposit relationship. The headings in this Agreement are for convenience and reference only. They will not govern interpretation of the provisions. Please read and retain this Agreement.

A. General Provisions

Definitions. These terms will have the following meanings in this Agreement:

  • "ACH" means Automated Clearing House transaction. This is an electronic deposit to your account (such as a direct deposit) or an electronic withdrawal from your account (such as a bill payment). This also includes Checks which are turned into Electronic Transactions.
  • "Aggregator" means software which allows you to organize and view all of your accounts in a single location. This includes accounts you have at other institutions.
  • "ATM" means Automated Teller Machine.
  • "Authorized Signer" shall mean any individual who is given permission to act on the account.
  • "Business Day" shall mean every day except Saturday, Sunday and federal holidays.
  • "Business Entity" shall include corporations, partnerships, sole proprietorships, limited liability companies, not for profit entities and unincorporated associations including governmental units.
  • "Check" shall include any Check; draft and other negotiable instrument; or any order or instruction for the payment or withdrawal of funds from your account. Check also includes substitute Checks, images of Checks, and remotely created Checks.
  • "Consumer" shall mean a natural person who holds an account primarily for personal, family or household purposes. The term does not include a natural person who holds an account for another in a fiduciary capacity.
  • "Electronic Transaction" shall include ACH, POS, ATM or other Electronic Transactions made on your account.
  • "Item" shall mean any written undertaking or instruction to pay handled by us for the collection or payment of money.
  • "Legal Process" shall mean a writ of attachment, execution, garnishment, tax withholding order, levy, restraining order, subpoena, warrant, injunction, government agency request for information, search warrant, forfeiture or other similar legal document or court order. Please refer to "Legal Processes" in Section G, "Other Provisions".
  • "Notice", "Notify", or "Notification" from us to you if in writing shall be by U.S. mail, email, texting, or posting to your account via our Internet banking site. Notification may be by telephone if not required to be in writing. The means of Notification shall be as required by law or regulation. If law or regulation allows more than one of these methods, we will choose the method used.
  • "Notice", "Notify", or "Notification" from you to us if in writing shall be by U.S. mail. Notification may be by telephone if not required to be in writing. We may, at our option, accept Notice from you via email, texting, or our Internet banking site if allowed by law or regulation.
  • "POS" means Point of Sale Transaction such as a one-time debit card Transaction.
  • "Transfers" shall include all types of external Transfers (Transfers to or from an account outside of the Bank including ACH payments to or from your account) and book entry Transfers (Transfers between two accounts at the Bank on which you are an owner or Authorized Signer) on your account.
  • "Transaction" shall include all types of Transactions on your account including Checks, Electronic Transactions and Transfers.

Effect of State and Federal Laws and Regulations. This Agreement will be governed by law and regulation. In some situations, when allowed, this Agreement may vary from law or regulation. We will follow this Agreement even if our employee says something different. You agree to these terms.

Transactions restricted under the Unlawful Internet Gambling Enforcement Act are prohibited from being processed through your account.

Under certain circumstances, we must turn over unclaimed funds in abandoned accounts to the state of Kansas, the state of our main office.

Federal law requires us to obtain information that identifies each person or entity who opens an account with us. We may verify the information you provide. We may keep a record of the information you provide. If your account is funded before we verify the information on your identity, you may not be able to use your funds immediately. If we are unable to verify your identity from the information you provided, we will not open your account. If the account is already open, we will close the account and, if allowed by law, return any funds to you.

You agree to provide to us any and all information requested and required in order for us to comply with all applicable federal and state statutes, laws, regulations, rules or executive orders. You agree to provide this information in a timely manner recognizing that we will have certain legal and regulatory deadlines. If you are unable or unwilling to provide the requested information within the time period required, we may freeze your account until you provide the requested information. Freezing your account does not allow any type of withdrawal or Transfer from the account. It also prohibits any deposits or credits being made to the account. In addition, in some situations we may close your Account and, if allowed by law, return any funds to you.

Phone and Email Contact Policy. We value your privacy. Please see our Privacy Policy.

By accepting this Agreement you agree that we may contact you by email, phone, or text message, at any email addresses and phone numbers you have provided, to discuss your accounts and products or services in which you have enrolled. These calls may use a recorded or artificial voice, or an automatic dialing system.

By accepting this Agreement you agree we may email you for marketing purposes. You may stop these messages or otherwise change your contact preferences by:

It may take up to ten (10) Business Days to process your request. You will still continue to receive communications concerning your accounts and products or services in which you have enrolled.

Mobile Phone Authorization. When you provide a mobile phone number to us, you have authorized your wireless carrier to disclose information about your account with them to us. If allowed under their privacy policy they may provide us your mobile number, name, address, email, and device make and model. They may provide additional information from their records. We will use this to verify your identity.

Change of Terms. We may change the terms of this Agreement or other documents we gave you at the time you opened your account. We will provide Notice of the changes as required by law. Changes will be effective upon the date stated in the Notice. We may change these documents without Notice, if necessary, for security reasons.

Continuation of your account after the effective date on the Notice will be considered your acceptance of the changes. If a Notice of change is returned to us and you continue to use your account, we will consider you have accepted the changes. You may also obtain a copy of the change from any of our banking locations or through our Internet site.

If your account is a time deposit and this Agreement is changed, it shall replace any Agreement delivered to you at the time you opened your time deposit. The changes will be effective as of the first maturity date after the date shown on the Notice. Please refer to "Change in Terms" in Section D, "Time Deposits".

You should keep this Agreement and any amendments to update the terms and conditions of your account.

B. Ownership

Ownership and Signatures. The Bank will act on the direction or signature of the person(s) on the signature card. We may require the person’s signature on the signature card before acting. You authorize us to rely solely on the signature card.

You may agree among yourselves to require multiple signatures on an account. We will ignore any multiple signature requirements. If you state on your Checks or any other document that more than one signature is required on the account, it is for your own internal procedures. It is not binding on us. We may pay funds from your account if directed by any one person authorized to sign on the account.

We may honor Transaction instructions on an account from any Authorized Signer. This includes Transactions payable to them or for their benefit. We will allow any Authorized Signer to withdraw cash from your account or deposit funds from your account to their personal account. We will not question withdrawals by anyone authorized to act on your account. We will not be liable to you for refusing to honor signed instructions. If we believe the signature on the Transfer instruction is not genuine, we may refuse to honor the instruction. We will not be liable to you for refusing this Transaction that we believe may not be valid.

If there is no signature card or our information is unavailable or incomplete, we may rely on our deposit system to determine ownership of your account.

Powers of Attorney. We may honor a Power of Attorney granted by any owner of an account. We do not have to give Notice to any other owner or Authorized Signer. We will have a reasonable time to review the Power of Attorney presented to us.

We may refuse any Power of Attorney which is not acceptable to us. We may require a new signature card for your account adding your attorney-in-fact ("agent") as an Authorized Signer. We may require your agent to sign an affidavit that your Power of Attorney is still in effect before we act on the agent’s instructions. We will provide the affidavit form to your agent.

We will assume your agent has the same authority as you. You agree we may act on the sole direction of your agent. We will not be responsible for your agent’s actions or use of funds. You assume full responsibility for any loss due to the acts of your agent.

The authority you give your agent generally ends at incapacity unless the Power of Attorney specifically provides otherwise. We will continue to honor any instruction of your agent until we are Notified in writing of incapacity. If the Power of Attorney allows, we will continue to honor the instructions of your agent until we are Notified of your death. We will have a reasonable opportunity to act on such knowledge.

The authority you give your agent generally ends at your death. We will continue to honor any instruction of your agent until we are Notified in writing of your death. We will have a reasonable opportunity to act on such knowledge.

To revoke a Power of Attorney, you must Notify us in writing. We will provide the format to you. Until you have Notified us, your Power of Attorney will continue in effect. We will have a reasonable time to act on the Notice you have revoked the Power of Attorney.

Joint Accounts. Whenever we refer to a "joint account" or "joint owner" in this Agreement we mean the owners own the account as "joint tenants with rights of survivorship and not as tenants in common". If an account is owned by more than one person, you agree you intend to create a joint account as joint tenants with the right of survivorship and not as tenants in common. If one or more of the joint owners dies, you agree that his or her ownership in the account shall pass to the surviving owner or owners. We may have a security interest in your account or the right of setoff. Please refer to "If You Owe Us Money" in Section G, "Other Provisions".

You must make special arrangements with us to own an account as tenants in common. A tenants in common account must be expressly identified on the signature card. A tenants in common account does not have the right of survivorship. At the death of any owner, we will not determine the ownership share of any remaining owner(s). We may treat the account as a disputed account. Please refer to "Disputes Concerning Your Account" in Section G, "Other Provisions".

Any one or more of the owners of a joint account may withdraw all of the funds, close the account or give other instructions. Any agent appointed by an owner may also withdraw all of the funds, close the account or give other instructions. We will follow the instructions we were given until we receive written Notice to change them. The Notice must be in a form acceptable to us. We must have a reasonable opportunity to act on the Notice.

Each joint owner appoints the other as agent to endorse, deposit, withdraw, and conduct business for the account. Any joint owner may endorse an Item payable to the order of any other joint owner of the account. Once endorsed, the money may be taken in cash or deposited in the joint account.

Once a joint account is opened, you may not remove another owner from the account without their consent. We may endorse any Items payable to the order of any owner and deposit them in the joint account.

We may treat the account as owned by only those individuals who have completed all of the account opening documentation and met our account opening requirements. If we choose to treat the account as owned by all of the individuals, we may permit any owner to deposit and withdraw funds and take all other action on the account. We may at a later time require all owners to complete the required documentation.

Payable on Death Accounts. You may sign a Payable on Death Account Contract to direct where you want the money in your account to be paid at the time of your death. This is called a "Payable on Death Account". This type of account cannot be owned by a business or a fiduciary. You may designate one or more individuals or fiduciaries to receive the funds in your account at the time of your death. In some states, you may be able to designate a nonprofit, religious or charitable organization to receive the funds at the time of your death. Both this Agreement and the Payable on Death Account Contract will govern your account. The Payable on Death Account Contract may vary based on state law.

During your life the account still belongs to you. You may make changes to the account including revoking or changing the Payable on Death Account Contract.

A joint tenancy account shall be payable to the beneficiary only upon the death of the last surviving joint tenant. It will be paid in accordance with the last surviving joint tenant’s Payable on Death Account Contract.

You may revoke the Payable on Death Account Contract at any time. The Notice to revoke the Payable on Death Account Contract must be in writing. We will treat the Payable on Death Account Contract as revoked by any new signature card changing the ownership of the account.

We will not accept a Payable on Death Account Contract on an account if a minor is one of the owners.

We may refuse to honor a Payable on Death Account Contract or revocation signed by an agent.

Trust, Custodial or Other Fiduciary Accounts. A fiduciary is a person who acts for the benefit of another. They may be called a trustee, conservator, guardian, executor or other title. We may follow the direction of the named fiduciary on a fiduciary account. We are not responsible for monitoring or supervising the actions of your fiduciary. We are not responsible for your fiduciary’s failure to comply with any law or fiduciary document (such as a trust agreement or custodial orders). We are not responsible even if we have knowledge of the contents of the document. You agree to assume full responsibility for the acts of your fiduciary.

You agree to furnish all documents we decide are necessary regarding the fiduciary’s ability to act. We will have a reasonable time to review any document you provide to us. Any review will be for our benefit. We will have no obligation to provide the results of the review to you or to the fiduciary. We may require a new signature card. We may also require information to be certified to us. You agree that your fiduciary is fully authorized to open or close the account, make withdrawals, or endorse Items payable to you. The fiduciary may also draw Checks; make Electronic Transactions and Transfers against the account. The fiduciary may change ownership on the account, authorize additional signers and conduct all other business on the account.

If you are a court appointed fiduciary, we will require documents from the court to open the account. We may require orders or instructions from the court prior to account opening. We also may require orders or instructions from the court during the life of the account.

If you act as a fiduciary on an account, you represent to us that each Transaction you make on the account is authorized. You promise your actions on the account will be within your duties as a fiduciary. You assume all responsibility for Transactions on the account. You agree we are not responsible for any claim or expense based on your actions as fiduciary.

Relationship Accounts. You consent to combining the balances of two or more products to create a "Relationship" with us. A Relationship for each product will be controlled by its definition in the Truth in Savings Disclosure. A Relationship for some products may require only one account to be created. Although you may be an owner of each of the accounts in the Relationship, other owners of the accounts may not be the same. You agree if you are not an owner on all of the accounts in the Relationship, your information may be released to owners of other accounts within the Relationship. Some types of fiduciary accounts may not be used to create a Relationship.

Accounts for Minors. A minor is a person under the age of 18. If you are a parent or legal guardian of a minor child under the age of 18 years, you may open a joint account with that minor child. If you are not a parent you agree to provide all documents we need to establish you as legal guardian. You will own the account as joint tenants with rights of survivorship and not as tenants in common. We may allow you to open a joint account with a minor child in certain circumstances if you are not the parent or legal guardian of the minor.

We may allow the minor to withdraw funds from the account in the normal course of business. We may refuse to transact business on an account for a minor less than 13 years old.

We may open an account owned solely by a minor if the minor is of sufficient age and a parent or guardian signs a written guaranty. We will provide the guarantee form.

We may not offer some services to accounts where one or more owner is under the age of 18.

Uniform Transfer to Minors Act. A Uniform Transfer to Minor Account is subject to the Uniform Transfer to Minors Act, as amended. The Uniform Transfer to Minors Act may vary by state. This account may be used to make an irrevocable gift for the benefit of a minor. Generally, the minor will not have access to the funds until reaching 21 years of age.

The custodian of the account agrees to promptly Notify us when the minor reaches the age for terminating the account. If the custodian fails to tell us, we may also accept written information from someone other than the custodian. The custodian will also promptly Notify us of the minor’s death. The Notifications must be in writing. We will have a reasonable opportunity to review and take action upon receipt of written Notification.

We may rely on all instructions of the custodian until the account is closed. We are not responsible for any Transactions by the custodian that occur before the account is closed. We may rely on the custodian’s authority until we are told in writing a successor custodian has been named.

If we learn the custodian has died, we may freeze the account to all Transactions until we are Notified in writing a new custodian has been appointed. We will have reasonable opportunity to review and take action upon receipt of the written Notification. We may decline to accept the new custodian on the account. If we do not accept the custodian we will issue a cashier’s check for the balance in the account.

We will not monitor or supervise the actions of the custodian. We will not be responsible for any loss or claim that results from us following the instructions of the custodian.

Business and Organization Accounts. There are various types of legal businesses and organizations. These include corporations, partnerships, sole proprietorships, limited liability companies, not for profit entities and unincorporated associations including governmental units ("Business Entity"). Each Business Entity must provide documents stating which individuals may transact business on an account. These individuals are Authorized Signers. Each Authorized Signer agrees the Business Entity is authorized to transact business. The Business Entity must provide the documents we require to open and transact business on the account. The Business Entity agrees to furnish additional documents as reasonably requested by us. We will have an opportunity to review and take action after any documents are furnished. We may refuse a resolution or authorization which is not on our form. We may consider it incomplete or unacceptable.

An Authorized Signer must provide all documents and information required by us. The Authorized Signer must also provide all documents or information required by law or regulation. We will have an opportunity to review any documents or information after they are furnished. We may decline to add an Authorized Signer to an account based on our review.

We are authorized to follow the direction of any Authorized Signer on the account. We will continue to follow that direction until we receive written Notice that the authority has terminated. We will have a reasonable opportunity to act on such Notice.

You agree to Notify us promptly of any change in the form of ownership of the Business Entity. It is your responsibility to determine that no other business has the right to do business in your trade name.

Death or Incompetence.

Death. Until we know of a customer’s death, we may continue to accept, pay or collect Items. Once we know of the death, we will have a reasonable opportunity to take action. For ten (10) days we may still accept and pay Checks which were issued before the date of death. During the ten (10) days we will not continue to pay Checks if we are told to stop payment by a person claiming an interest in the account.

If we are required by law or contract, we may remove funds from any deposit (such as Social Security or retirement benefits) made to your account after your death. When we receive Notice of your death, we may place a "hold" on your account. The hold will limit the ability to withdraw or deposit funds. The hold will remain until we know who owns the funds.

Incompetence. We may continue to accept, pay or collect Items until we know a court has found a customer incompetent of handling their financial matters. Once we know of the court’s determination, we will have a reasonable opportunity to take action

C. Checking and Savings Accounts

Deposits. You may make your deposits in person, by mail or by remote deposit (if available). If you have an INTRUST Debit Card or INTRUST ATM Card, you may also make your deposit through some Intrust ATMs. We ask that you use our deposit forms. We reserve the right to refuse or return any part of your deposit which does not meet our rules.

We are not responsible for a deposit made by mail until we receive it. If you make a deposit at a location where we do not have employees, we are not responsible until an employee receives it.

You may not use our night depository for deposits without an agreement with us. If you put Checks or cash in the night depository you will not have credit for them until they are posted to your account.

We may put your deposit into an account based only on the account number written on the deposit slip. We will not check to see if the name on the account matches the account number on the deposit slip. We will not check to see if there are special instructions on the account. We may refuse to deposit Items payable to another person or legal entity into your account.

You agree to pay us for any claim or expense brought against us based on an Item deposited into your account. All deposits are accepted subject to later review. We will not compare the amount shown on the deposit slip with the actual amount deposited at the time of deposit. You have a duty to accurately record cash and Items on deposit slips prior to presenting them for deposit.

All Items deposited to your account are subject to final payment and receipt of the funds. If an error is discovered on your deposit slip, we will correct the error without prior Notice to you. We will make this correction whether it increases or decreases your account balance. If it decreases your account balance, it may cause or increase an overdraft in your account.

If we cash or accept for deposit a money order, cashier’s check or similar Item and later discover the Item was fraudulent, counterfeit or invalid, we may deduct the amount of the Item out of your account without Notice. This may cause or increase an overdraft in your account.

If we cash or accept for deposit a foreign Item whether denominated in foreign currency or US dollars) and later discover the foreign Item was fraudulent, counterfeit or invalid, we may deduct the amount of the Item out of your account without Notice. This may cause or increase an overdraft in your account.

All deposits to your account must be in US dollars. If you include a foreign Item (whether in foreign currency or US dollars) in your deposit we may remove the Item and send it for collection. Please refer to "Collection of Items" of this Section. We will then provide Notice to you. There may be additional fees that apply. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee. You may cash or deposit foreign Items in our foreign banking department after approval. You must agree to additional rules and agreements.

We have the right to be paid for any non-cash Item before we make the money available to you. A non-cash Item is a bond, draft or similar Item. If your account is overdrawn we may use the money to pay the overdraft and any fees you owe to us.

Without first telling you, we may deduct the amount of cash deposited into your account if it is discovered to be counterfeit. This may cause or increase an overdraft in your account.

We may remove from your account any funds that are not yours but were deposited or transferred in error. We may remove the funds without Notice to you. This may cause or increase an overdraft in your account.

If any Item you deposited is returned to us for any reason, we may deduct the amount from your account. We do not have to consider whether the bank returning the Item has met all legal requirements for the return. If the returned Item is in the form of an image, electronic Notice, image replacement document, or other format, you agree that we may act as though the original Item was returned.

Endorsements. If you do not endorse an Item that you deposit, we may, if we decide to, supply the missing endorsement. We may require some Items to be personally endorsed by each of the payees. Examples of these Items include government Checks or insurance company Items.

Federal law requires endorsements to be placed in a specific area on the back of a Check you deposit. You are responsible for any loss to us caused by an improper, missing or misplaced endorsement on any Check you deposit.

We may reject any Item presented for deposit before the date of the Item. We may also reject an Item which has extra markings, conditions or writings on it. If we accept the Item for deposit, we may ignore the extra information. We will only use the payee, endorsement, amount, paying bank and magnetic ink encoded information.

We may refuse an Item which is endorsed by people who are not the original payees on the Item. We will require only one endorsement on an Item if it is unclear as to the number needed. You are responsible if the Item is returned for improper or lack of endorsement. This includes any loss that may occur from the return of the Item.

We may accept for deposit Checks payable to any owner of the account when endorsed by another owner.

Cash Withdrawals. We may require prior Notice for large cash withdrawals. We may refuse an order to withdraw funds in cash or to cash an Item if we believe the request may cause serious harm to you or us. We may refuse an order if we believe the request will present a hardship on us. We may require you to accept an electronic Transfer or cashier’s check for the funds. We may require you to employ a courier service acceptable to us and at your expense. We may require you to sign an agreement, indemnification, or other acknowledgment at the time of a large cash withdrawal. We may refuse to deliver the funds to you in cash if you do not sign the document. We may require you to provide specific personal information which we are required to provide to the government. If you refuse to provide all information requested we may refuse to deliver the funds to you in cash.

Collection of Items. You agree to pay any special fees for collecting your deposit. You appoint us as your agent to collect all deposits you make. We may send Items for collection directly to the bank on which they are drawn. We may send Items through other collecting agents. We may send any foreign Items for collection directly to the bank on which they are drawn or through other collecting agents. You agree that each collecting agent is your agent. All Items sent for collection are subject to final payment and receipt of the funds by us. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of the collection fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of the collection fee. A fee may also be charged by one or more agents we use. You are responsible for any such fee. We do not know the amount of the fee the other agents may charge. Fees charged by other agents may be changed without Notice to you.

We are not responsible for any loss due to the neglect, default or failure of any other agent. We are not responsible for any loss during collection of your Item if we use ordinary care. If a deposited Item is lost, you agree to help us recreating, replacing and obtaining payment of the Item.

We will accept cash, clearing house or Federal Reserve credits, or drafts in payment of Items you deposit and will not be liable for failure to collect on any Item so received. You agree to the operating rules, procedures and usual practices of all entities collecting your Item. Any special instructions must be delivered with the Item. We may refuse to handle any Item that includes special instructions.

Direct Deposits. You may arrange to have direct deposits made to your account. A direct deposit is the electronic deposit of funds, such as payroll, into your account. If we are required by law, regulation or industry rule to repay any portion of a direct deposit, we will remove the amount from your account. If the account where the deposit was made does not have sufficient funds, we may remove funds from any other account you own. We will not give you prior Notice. This may cause or increase an overdraft in your account. You will be responsible for resolving any differences with the person requesting the return of the funds.

Effect of Article 4A of Kansas Uniform Commercial Code. An ACH credit received into your account may be subject to Article 4A of the Kansas Uniform Commercial Code. In that case it will not be subject to the Electronic Funds Transfer Act. We are not required to give you any notice of the credit. The credit may be provisional until final settlement is made through a Federal Reserve Bank or as provided in Article 4A. If we do not receive payment we are entitled to a refund and may charge your account for the amount of the credit. We may charge your account even if it would cause or increase an overdraft. If final settlement is not made the party originating the credit will not be considered to have paid you the amount of the credit.

We may rely on the account number provided to make an electronic payment. We may rely on it even if we later find it was incorrect or did not belong to the intended receiver of the funds. If we are told by another bank a credit was made in error or for an incorrect amount we may charge your account for the amount of the error without further investigation. If we discover a credit was made in error or for an incorrect amount we may charge your account for the amount of the error. We may charge your account even if it would cause or increase an overdraft.

Remotely Created Checks. A remotely created Check is a Check on an account that is not created by a bank and does not have a signature. If you deposit a remotely created Check into your account you guarantee the Check has been properly authorized. Proper authorization means the payee and the amount of the Check have been directed by the person on whose account the Check is written. You agree to pay us for all losses and expenses due to our acceptance of remotely created Checks.

Limits on Transfers. Limits on Preauthorized, Automatic and Telephone Transfers from Savings and Money Market Accounts. Federal regulation allows you to make six (6) Transfers or withdrawals from your savings and money market accounts per monthly cycle, including preauthorized, automatic or telephone Transfers. If you exceed or attempt to exceed these limits, we may refuse the excess Transfer, impose a fee, and/or reclassify or close your account.

Stale and Post-Dated Checks.

Stale Checks. We may refuse to pay or pay a Check presented against your account which is more than six (6) months old. We do not have to give you prior Notice. We may do this even if it causes or increases an overdraft on your account.

Post-Dated Checks. We may pay a Check written on your account before the date shown on the Check. You may give us advance Notice that a post-dated Check will be presented for payment and ask that it not be paid until the date on the Check. The content of the Notice, deadlines, and our procedure will be the same as stopping payment on a personal Check. Please refer to "Stopping Payment on Your Account" in Section F, "Customer Responsibilities".

Service Charges and Fees. If you are a Consumer, you agree to pay any service charges and fees on your account as set out in the Truth in Savings Disclosure and Personal Accounts Fee Schedule. If you are a Business Entity, you agree to pay any service charges and fees on your account as set out in the Business Account Product Information and Business Accounts Fee Schedule. Any service charges and fees may be deducted from your account without prior Notice to you. We may deduct our service charges and fees even if it would increase an overdraft in your account. If there are insufficient funds in your account to collect the service charges and fees it will remain owing to us. We may collect the remainder of the service charges and fees when funds become available in your account. We may return your Items for insufficient funds or create an overdraft in your account. We may charge fees for other services such as wire transfer or stopping payment on a Check. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee. In some cases business customer fees may vary based on a customer’s overall relationship with us.

D. Time Deposits

Your Time Deposit Account. We open both automatically renewing and non-renewing time deposits. Time deposits and certificates of deposit are similar. You receive a receipt when you open a time deposit instead of a certificate. (If your time deposit is older, you may still have a certificate.) A time deposit may also be opened with no receipt or certificate issued. You agree to keep your funds on deposit for a fixed period of time. We agree to pay the stated rate of interest until the maturity date.

Maturity and Penalty for Early Withdrawal. You may not withdraw any of the funds in your time deposit prior to maturity except with our consent. If we permit early withdrawal, we may impose a substantial penalty. The early withdrawal penalty will be stated on your account opening documents. We may change the early withdrawal penalty effective for the next renewal term by Notice to you. The penalty will be determined when the withdrawal is made. We will determine the penalty due using the interest rate being paid on the time deposit as of the date of the withdrawal. We will use a simple interest rate (not compounded) based on a 360-day year. We may use part of the principal of your time deposit to pay the penalty if there is not enough interest accrued. No early withdrawal penalty will be imposed if an owner of the time deposit dies or is declared incompetent by a court.

Interest and Renewal at Maturity. We will determine the interest rates offered on new and renewing time deposits. These interest rates will vary from time to time. Interest rates may also vary depending on the location where the time deposit is purchased, amount of the time deposit, and length of time to maturity of the time deposit when it is opened. A time deposit opened on our Internet banking site may not have the same rate of interest as a time deposit opened in one of our banking locations. We may offer bonuses or special promotions to specific customers or new customers. These bonuses or special promotions may not apply to all customers. We may also offer bonuses or special promotions based on location, method of account opening, or term to maturity.

If you want to withdraw your funds from an automatically renewing time deposit, you may surrender it for payment within ten (10) calendar days after its maturity date. We may choose to not pay interest for any part of the ten (10) calendar day period of time if you withdraw the funds.

No interest will be paid after the maturity date of a nonrenewable time deposit.

Automatically renewable time deposits will renew at each maturity date for the same maturity term as the initial term. The interest rate for the renewal period will be the rate we are paying on the first day of the renewal period. This will be the interest rate for time deposits of the same type and length to maturity term. If we are not offering time deposits of the same type and maturity term, we may place your funds in a time deposit which has a similar rate and maturity term.

Any bonus or special promotion will not apply at renewal of an automatically renewing time deposit unless we tell you otherwise. Information on current interest rates is available from any of our banking locations or by calling 316-383-1234 or 800-895-2265.

Change in Terms. We may Notify you we are closing your time deposit at the end of the original term or any renewal term. If we tell you we will close your time deposit, we will not pay you interest on your money after the date of the closing.

We may change the terms of a time deposit which automatically matures. The changes will be effective at the end of the original term or any renewal term. You have ten (10) calendar days after maturity of your time deposit to close the account if you do not want to accept the change.

You may make changes to your time deposit at maturity. We may issue documents showing any changes in terms you have requested. These documents are considered a part of the time deposit receipt. You should retain these documents with your time deposit receipt.

Interest Payment Options. Interest will be compounded daily and paid as set forth on your receipt. Interest earned may be added to the time deposit, credited to another of your accounts with us, or paid to you by a monthly, quarterly or annual Check.

Joint Time Deposits. If your time deposit is payable to two or more customers, it is owned as joint tenants with rights of survivorship and not as tenants in common. Each joint owner appoints the other as agent to take any action on the time deposit. Each joint owner may receive payment, give Notice or receive any Notice given the time deposit.

With special arrangements we may allow you to own the account as tenants in common and not as joint tenants with rights of survivorship. We will state you are tenants in common on your receipt.

Payment of Time Deposit. We may require you to deliver your receipt (or certificate on an older account) to us to be paid for your time deposit. You agree to Notify us if your receipt (or certificate) is lost, destroyed or stolen. We may require an indemnity bond or other agreement from you before we agree to reissue a lost, stolen or destroyed receipt or certificate.

Garnishment, Levy or Setoff. If we are required by law to withdraw funds from your time deposit, we will first take the early withdrawal penalty. If we withdraw funds from your time deposit due to a debt owed to us, we will first collect the applicable early withdrawal penalty.

Limits on Negotiability and Transferability. Our time deposits are not negotiable instruments. They cannot be Transferred except with us, or paid by anyone other than us. You cannot write a Check or other order on the time deposit account.

E. Processing/ Checks and Withdrawals

Processing Order. Transactions may not be processed in the order in which they occurred. We determine the balance in your account at the end of each Business Day. The process of adding deposits and subtracting Transactions from your account is called "posting".

First, we will add all of your deposits and incoming Transfers to your account. We will then subtract Checks cashed at our teller window or any other Transactions where cash has already been paid (for example, ATM withdrawals or ATM Transfers). Next, we group your other Transactions and any related fees by type, such as POS, ACH or Checks.

Some fees are posted at the same time as the related Transaction. Some fees are posted after all other Transactions have been posted. In rare cases those fees may be posted after any overdraft protection has been accessed. This could result in an overdraft in your account.

POS Transactions will be posted by date and time. Depending on the type of POS Transaction, it may be posted at the date and time the Transaction occurred. In some cases the funds may be withdrawn at the time of the authorization even if the Transaction is not posted to your account until a later time. Some Transactions will post at the date and time an authorization of the Transaction occurred. The earliest date and time will be subtracted first. The most recent date and time will be subtracted last.

ACH Transactions will be posted by the date and time of the Transaction. The earliest date and time will be subtracted first. The most recent date and time will be subtracted last. In some cases Transactions may post to your account on the same day they occur.

For POS or ACH Transactions, the date and time the Transaction took place may be affected by the location of the Transaction due to differing time zones. Within each type of Transaction (POS or ACH) if more than one Transaction has the same date and time, we will subtract the Transaction with the lowest amount first. Any Transaction without a date and time noted on it when it reaches us will be subtracted within its group after all Transactions with a date and time. The Transaction with the lowest amount will be subtracted first. The one with the highest amount will be subtracted last.

The group of Checks, which does not include those where cash has already been paid and the amount already subtracted, will be subtracted in the order of the number on the Check (serial number) with the lowest number posted first. If there are Checks with no serial number, they will be subtracted first, before those with serial numbers, in the order of date received by us. If more than one Check without a serial number is received by us on the same day, the Checks will be subtracted in the order of their amount. The Check for the lowest amount will be subtracted first. The Check for the highest amount will be subtracted last.

Each Business Day we will use all funds available in your account, including any applicable overdraft protection funds, to pay Transactions on your account. Once we have paid all possible Transactions using the order described above, we will look for and pay smaller Items utilizing all of the funds in your account, including any available overdraft protection funds. In limited situations, at our discretion, we may determine to pay larger Items first. This may result in additional overdraft fees.

During the day you may see on our Internet banking sites pending Transactions. Deposits or Transfers into the account which show as pending will usually be available after final posting has occurred at the end of the Business Day. Pending Transactions for payment from the account may remain as pending on the account for a period of days. While pending, these funds are not available for paying Transactions on your account. At the end of the Business Day, all Transactions go through the same posting process described above. No Transaction will be final until the posting process has occurred.

All subtractions from your account will first be made from collected funds. Collected funds are those funds we have received from another bank in payment for Items deposited to your account. We may refuse to pay a request against uncollected funds in your checking, savings or money market accounts as set out in "Your Ability to Withdraw Funds from Your Deposit Account". We may refuse to pay a Transaction against uncollected funds even if we have allowed them in the past.

Checks and Withdrawals. We will arrange to have Checks printed for you on your account. The cost of the Checks will be automatically subtracted from your account. You are responsible for reviewing all of the information shown on your Checks. You must tell us if any of the information on your Checks is incorrect. Our liability for incorrectly printed Checks is limited to the cost of replacing the Checks.

If you wish to arrange for the printing of your Checks from another vendor, you may do so. You must first obtain our approval to be sure they meet our technical specifications. We may return unpaid any Checks not approved by us and that do not meet our requirements.

You agree that we may have additional requirements for individuals who want to cash an Item that is payable from your account. (For example, additional identification; check cashing fees; or limiting banking locations where Items may be cashed.) You agree our failure to cash the Item is not wrongful if the person fails or refuses to satisfy our requirements. We may direct the person to deposit the Item at their own financial institution.

Overdrafts. Your account will be overdrawn if you make Transactions for more money than you have in your account. Examples of these are Checks, Electronic Transactions, or Transfers between accounts.

If your account is overdrawn we may return a Transaction without paying it. We will charge you a Non-sufficient Funds fee (NSF fee) for each Transaction that we do not pay because your account is overdrawn. The amount of the NSF fee will be the fee as disclosed on the most current fee schedule.

If we choose, we may permit overdrafts in your account by paying Transactions when you do not have funds available in your account. If we pay one or more Transactions that cause an overdraft or increases an overdraft of your account, it does not mean we will do that in the future. We will charge you an Overdraft fee (OD fee) for each Transaction that we pay when your account is overdrawn. The amount of the OD fee will be the fee as disclosed on the most current fee schedule.

We may allow a minimum overdraft amount. We will not charge you an OD fee if your overdraft at the end of the day is within the minimum amount. Your account will be considered overdrawn even if we did not charge you an OD fee. The amount of the minimum overdraft amount can be found in the Overdraft Protection Service Terms. We may change the minimum overdraft amount at any time without Notice to you.

We will not charge you an OD fee for ATM or one-time debit card Transactions if you are a Consumer and have not agreed to the OD fee. (Any one owner of a joint account may agree to this fee.)

You may direct us to return (not pay) any Transaction which would result in an overdraft of your account. Each returned Transaction will be charged a NSF fee. We will not return a Transaction which was already authorized, such as a POS Transaction, even if it causes your account to be overdrawn or increases the amount of an overdraft. We will charge you an OD fee for each Transaction that we pay when your account is overdrawn.

We may charge you a fee each day your account remains overdrawn (called a "Continuous Overdraft fee"). We will not charge you this fee if you are a Consumer, have not agreed to the fee and the overdraft is solely caused by an ATM or one-time debit card Transaction. (Any one owner of a joint account may agree to this fee.)

We will decide whether to pay or return a Transaction that causes an overdraft or increases an overdraft of your account without Notice to you. We will make that decision at some time between when we actually receive the Transaction and our midnight deadline. Our midnight deadline is set by law, regulation or industry rule. We will only make one review of your account balance before we decide to pay or return a Transaction. Funds are not available to pay a Transaction if the funds in your account are, for example, uncollected; subject to a debit card authorization or any type of hold on the account; or a dispute or Legal Process.

You agree to pay us the amount of any overdraft and related fees immediately. We may use deposits made to your account by you or by others to pay overdrafts and related fees.

All owners are responsible for paying any overdraft and fees (whether OD fees or other fees). We may collect all of the funds from you, or we may collect part from you and part from another owner, or all from another owner on the account. You owe the funds regardless of who created the overdraft, had knowledge about the overdraft, participated in activity on the account or benefited from the overdraft. If the overdraft is caused by an ATM or one-time debit card Transaction, you will still owe the amount of the overdraft and OD fees. If you have a Consumer account, you will also owe the OD fees in addition to the overdraft amount only if you (or any owner) agreed to the fee. We may discontinue permitting overdrafts without prior Notice to you.

Automated Processing of Checks. We use an automated payment system for the payment of Checks. It relies primarily on information encoded on the bottom of the Check. We visually review a sample of Checks, but most Checks are not visually inspected. You agree that we do not fail to exercise ordinary care in paying Checks solely because we do not visually examine every Check.

You agree when paying a Check we may disregard all information on the Check other than the payee, endorsement, signature, amount, and encoded information. You agree to reimburse us for any loss or expense we incur because you issue a Check containing extra markings, conditions or writings.

You agree you will not issue a Check that is incomplete or conditional. We may refuse to pay a Check which is incomplete. We may or may not pay a Check which is conditional. For example, we may pay a Check even if it says "void after 30 days".

If a remotely created Check is presented for payment on your account we are authorized to pay the Check without further investigation.

If your business remotely creates Checks, you agree to make any and all revisions to the format of the Checks to meet industry standards and guidelines. You also agree to continue to meet industry standards. These may include changes to the MICR line. We may charge you an additional fee. We are not responsible for any loss, claim or expense due to your failure to make all of the revisions.

Return of Deposited or Cashed Checks. If we deposit a Check into your account which is returned to us for any reason, we may charge your account for the amount of the Check. We may also charge your account for any interest which you may have earned on the amount of the Check. A Returned Deposit Item fee will also be charged. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee.

We may place a hold on the funds in your account for the amount of the returned Item. We will do this instead of removing the funds from your account. A Returned Deposit Item fee will be charged to your account. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee.

If we cash a Check and it is returned to us for any reason, we may charge your account for the amount of the Check. In addition, we will charge you a Returned Deposit Item fee. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee.

We may take these actions regardless of whether the Check was returned within the deadlines set out in law or industry rules. We may charge the amount of the Check to your account on the day we receive the returned Check or on the day we receive Notice the Check is being returned, whichever is earlier.

Businesses that remotely create Checks will be charged an additional fee for each such Check returned. Please refer to your Business Accounts Fee Schedule for the amount of this fee. The fee may be revised based on industry standards. Ten (10) calendar days prior to the revision you will receive a written Notice of the change. If we do not receive enough notice of the change from the industry, your Notice period may be shorter than ten (10) calendar days.

Redepositing Checks. If a Check you deposit is returned to us unpaid due to insufficient funds, we will automatically redeposit the Check one time and attempt to obtain payment. We will generally automatically redeposit and attempt to obtain payment for any Check in an amount of $250 or less. We may make special arrangements with some customers that vary this amount.

We may charge a fee for redepositing an unpaid Check or charging it back to your account. We may also charge a fee for accepting special handling orders. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee.

We may change our automatic redepositing of Checks policy without advance Notice to you. For Checks we redeposit, you give up the right to be Notified when the deposited Check is first returned to us. If a redeposited Check is returned unpaid a second time, you will receive Notification.

We may place a hold on your account for the amount of any Check redeposited. We may decide not to redeposit a particular Check and charge it back to your account the first time it is returned to us.

We may take these actions regardless of whether the Check was returned within the deadlines set out in law or industry rules.

Mobile Checking. If you enroll in Online Banking and Mobile Banking (including Mobile Deposit), you agree to comply with all terms of that agreement. You agree no Item will be presented more than one time. If an Item is presented and paid more than once, we may charge your account for the amount of the Item. We may charge your account on the day the extra payment is discovered or at a later time if an investigation is required. Items will be processed as set out in "Processing Order" in this Section of this Agreement.

Interest Rates, Interest Earned and Crediting. We may change the interest rates paid on interest bearing accounts from time to time. Interest rates will vary by product. Interest rates may also vary depending on the location where the account is opened. An account opened on our Internet banking site may not have the same rate of interest as an account opened in one of our banking locations. We may offer bonuses or special promotions to specific customers or new customers. These bonuses or special promotions may not apply to all customers. We may also offer bonuses or special promotions based on location, method of account opening, or account type. You can learn information about current interest rates from any of our banking locations. You may also learn information about current interest rates by calling 316-383-1234 or 800-895-2265. A change in interest rate is effective immediately.

Some checking products earn interest. If your checking account earns interest, Items deposited into your account will earn interest no later than the Business Day we receive payment for them. You will not receive the interest earned since the last date interest was paid if you close your account before the next interest payment date. Please refer to your Truth in Savings Disclosure or Business Account Product Information for the methods used to calculate and credit interest on your account.

F. Customer Responsibilities

Protecting Your Account Information. You agree to protect your account from access by anyone other than us. This includes protecting your Checks, account number and our routing number. You also agree to protect any PIN or other security code and password. You must protect your signature stamp or software if you use them for a Facsimile Signature. You authorize charges or changes on your account if you give account information to anyone not on your account. You do not have to physically deliver a Check to authorize that person. You authorize charges or changes on your account if you give account information over the telephone or internet.

You agree to keep all your account information confidential. You will Notify us immediately if any of your account information is lost or stolen. We shall not be responsible for any loss or claim due to the wrongful use of your account or personal information.

We may request you close your account and open a new one if there is fraud on your account. If you do not agree to open a new account, you agree you will not assert any claims against us for any loss from paying an Item. This applies for losses which could have been avoided unless such loss is the result of our negligence or bad faith. We may request you use a product or service to help detect and deter fraud on your account. Positive Pay is an example of this type of product or service. If you do not agree to use such product or service, you agree you will not assert any claims against us for any loss from paying an Item. This applies for losses which could have been avoided unless such loss is the result of our negligence or bad faith.

You agree to control and safeguard your Online Banking User ID and Password. You authorize all charges or changes on your account made using your User ID and Password. You authorize these charges or changes even if you did not make them. We are not responsible for any information used by an Aggregator. We are not responsible for any loss due to the use of the Aggregator. You are responsible for knowing about any Aggregator you use. We may prevent one or more Aggregator from accessing your accounts.

Checks and Statements.

Delivery of statement and Notices. You will receive periodic statements for your account(s). These statements will usually be sent monthly or quarterly depending on the type of account and the activity in the account. We will rely on the postal or electronic address in our records for all mailings on your account. You are responsible for telling us of any change in your postal or electronic address.

If you fail to provide a change in your address or phone number we may change your address or phone number based on information we receive from other sources. This includes physical and email addresses. We will only use sources which, in our sole discretion, we believe are credible.

If you ask us, we will deliver your statement to another person or address. You agree the statement is then available to you on the date issued. You still must review your account statements promptly for errors.

If your account is jointly owned we will provide statements to only one of the owners. We have no obligation to furnish more than one statement on the account. We are not required but may provide a statement to the fiduciary on the account.

We will treat statements, Notices and other documents as delivered to you on the date we place them in the US mail. If we do not have a current address, we will treat all statements, Notices and other documents as delivered to you when prepared by us.

If we receive returned physical mail, we will stop sending statements, interest Checks or certain other written communication on your account. We will begin to send communications again when we receive notice of your changed address from a source which, in our sole discretion, we believe is credible. If we are notified by the U.S. Post Office (or their agent) of a change in your address, we may decide to change your address on our records and send all future communications to that address.

We will treat electronic statements, Notices and other documents as delivered to you on the date we electronically transmit an alert stating they are available. If we do not have a current email address, we will treat all statements, Notices and other documents delivered to you at the time they are posted on your Online Banking account.

If we receive returned email, we may stop sending notice of statements or other communication on your account to that email address. Your statements will continue to be delivered to you through your Online Banking account. These statements are deemed to be delivered to you at the time they are posted to your Online Banking account. We will begin to send notices of your statements and other communication again when we receive a notice of your changed email address from a source which, in our sole discretion, we believe is credible.

We will consider Notice to any account owner or Authorized Signer as Notice to all account owners and all Authorized Signers.

We will treat written Notice you give to us as delivered when it is actually received by our personnel at one of our banking locations. We will have a reasonable opportunity to act on it.

Reviewing Checks and statements. You will receive imaged copies ("images") of your canceled Checks with your account statement. You will receive images of your substitute Checks with your account statement. You agree these images are the same as the original paid Check. You agree to promptly review all images and your statement upon receipt of each statement. You agree any fiduciary on an account must review all images and the statement upon receipt of each statement. You or the fiduciary, if any, must Notify us promptly of any irregularity in your account. Irregularities may include an unauthorized signature, altered Item, missing image or anything else you notice is not correct about your account.

Truncation of Checks means you do not receive your Checks or images of your Checks with your statement ("truncation"). Some deposit products are truncated. You are still required to promptly review your account statements for irregularities.

We will not be responsible for payment of a forged or altered Check if the forgery or alteration could not have been detected by a reasonable person. This applies to all accounts including accounts where your Checks are truncated.

You must Notify us in writing within 30 days of mailing or making your account statement available if:

  • The statement includes or lists a Check that you did not authorize or that is altered;
  • Your account statement contains any errors or other irregularities;
  • An image of a Check scheduled to be in your statement is missing; or
  • You did not receive your statement as scheduled.

You must also Notify us in writing within six (6) months of your account statement if any endorsement on any Check is irregular, improper, forged, unauthorized or missing.

If you do not Notify us as set out above, we are not required to reimburse you for any claimed loss relating to the error or Item. You cannot bring any legal claim against us in any way related to the Item or error after one (1) year following receipt of the account statement containing the information on the Item or error.

If there are unauthorized Items by the same person you must Notify us within 30 days following receipt of the account statement that lists the Items. If you do not Notify us within the 30 days we are not required to reimburse you for those Items which we pay after the 30 days.

You must provide us with all of the information we need to investigate the claimed loss. You agree you will not waive any rights to recover any loss against anyone obligated to repay or reimburse you for your loss. You will pursue your rights or assign such rights to us.

You agree we have a reasonable time to investigate the facts and circumstances surrounding any claimed loss and that we have no obligation to provisionally credit your account. Our maximum liability is the lesser of actual damages proved or the amount of the claimed loss, reduced by an amount which would not have been realized by the use of ordinary care by you. In no event will we be liable for special or consequential damages, including attorneys’ fees incurred by you. We will not be liable for any Check that is forged or altered in such a way that such forgery could not be reasonably detected.

Please refer to our Electronic Fund Transfers Disclosure for information about reporting errors on personal electronic funds.

You may receive images of substitute Checks. We will not be able to produce the original Check if the Check is presented as a substitute Check. It makes no difference whether you receive images with your statement or if your Checks are truncated. You are still required to review your account statements for irregularities.

If you receive a paid original substitute Check and you have suffered a loss from its incorrect payment, you must Notify us in writing. The Notice of your claim must be received by us within 40 calendar days after the date your statement or receipt of the substitute Check. If your claim is within 40 calendar days, we may pay the funds back into your account while your claim is being researched.

Checks may be represented for payment in an electronic form. We will not have the original paid Check or image. We will be unable to furnish an original Check or image. You are still required to promptly review your account statements for irregularities.

If you are a business, you agree to properly oversee your account(s). You will have at least two (2) individuals inspect statements and account records on a regular basis.

We will resolve any problem by reviewing the records for your account. You agree to provide us with affidavits or other reasonable information about any account irregularity. You agree to file any police reports we reasonably request and to cooperate with us and with law enforcement in investigating any account irregularity. If we pay an Item which was not properly payable, you agree to help us in any legal action against any person involved with the Item.

Reporting Lost or Stolen Paper Items. If any of your unissued paper Items are lost or stolen, someone issues unauthorized paper Items against your account, or unauthorized Items occur against your account, you agree to promptly Notify us. If you fail to Notify us within the time limits set out in "Reviewing Checks and Statements" of this Section, we will not be responsible for such unauthorized Items. Upon receipt of Notice, we may choose to close your account and open a new one for you, dishonor any Items you have told us were unauthorized or pay any Item from your account which you have directed us to pay. If you have set up electronic deposits or withdrawals from your account, we do not accept any responsibility for any electronic deposit which is not received on time or electronic payment which is not paid on time due to the closing and reopening of your account. If you refuse to allow us to close and reopen your account, we will not be responsible for any further unauthorized Items which are issued and paid against your account.

Stopping Payment on Your Account.

Stop payment of a personal Check. You may request that we not pay a Check you have written if it has not already been paid. This is at your risk. You may instruct us to stop payment of a Check in person or by telephone. You can also stop payment of a Check by accessing your account via our Internet banking sites (if you are an authorized user). Any stop payment instruction is subject to the terms and conditions of this Agreement.

We must receive your stop payment instruction before our Stop Payment Cutoff Hour and before we have paid, certified or otherwise become obligated to pay the Check. Our Stop Payment Cutoff Hour is 9:00 a.m. of the next banking day after the banking day on which we receive the Check. We may change this cutoff hour from time to time. We must have reasonable time to act on the stop pay instruction.

Your stop payment instruction must include your account number, check number, date and payee of the Check. We may require you to include the exact amount of the Check and other information we need to stop the payment. If information you provide is incorrect (even by a penny) or incomplete, or is insufficient for us to stop the payment under the circumstances, we will not be liable to you.

It is not necessary for the person who authorized the Check to be the person instructing us to stop payment on the Check. We will accept a stop payment instruction from any Authorized Signer on the account. You agree to hold us harmless for the amount of the Check, all expenses, costs and damages we may have due to following your instructions and refusing payment of the Check.

When we receive your oral instruction at our banking location to stop payment on a Check, we will confirm your instructions by giving you written Notice. When we receive your oral instruction by telephone to stop payment on a Check we will confirm your instructions by sending a written Notice to the account address. You are responsible for promptly reviewing the confirmation and letting us know of any discrepancies. Your stop payment instruction on all Checks and drafts will continue for six (6) months from its effective date. You must renew your stop payment instruction with us if you do not want it to end. We will not send you further Notice your stop payment instruction is ending. Each renewal of a stop payment instruction is treated as a new stop payment instruction.

We will charge you a fee for each stop payment instruction you give us. We will charge this fee even if the instruction is later canceled or withdrawn. If you are a Consumer, please refer to your Personal Accounts Fee Schedule for the amount of this fee. If you are a business customer, please refer to your Business Accounts Fee Schedule for the amount of this fee.

Any Authorized Signer on the account can cancel or withdraw a stop payment instruction even if that Authorized Signer did not originally give the instruction. To cancel a stop payment instruction you must provide us with the same information in the same format as the original instruction.

You may cancel your stop pay instruction prior to the end of the six (6) month period. If you cancel the stop pay instruction we will pay the Check if it is presented for payment. If the Check is presented for payment after the stop payment instruction has expired, we may pay the Check.

If you request a stop payment via our Internet banking sites, you are responsible for accurately and completely entering all the information as prompted during the session. You understand we will not review or otherwise confirm the information you enter.

Before instructing us to stop payment on a Check, you agree to thoroughly examine your account, including all prior account statements, to determine if the Check has already been paid. We will not be responsible for payment of any Check that we paid before your stop payment instruction was effective.

You also will not issue any replacement Check before reviewing all prior account statements to determine if the Check has already been paid. You agree to Notify us if you authorize a replacement Check. You will use a new date and number on any replacement Check.

We must exercise good faith and ordinary care regarding your stop payment instruction. You must show that payment of the Check caused an actual monetary loss to you in order to claim any reimbursement from us for paying a Check after you have given a stop payment instruction. Any reimbursement from us will be limited to the lesser of the amount you lost or the face amount of the Check paid by our error. Any reimbursement shall not include any incidental or consequential amounts. Upon any such reimbursement, you agree to sign a statement describing the dispute with the holder of the Check. You will also transfer to us your rights against the holder of the Check and assist us in our effort to collect the amount of the Check.

If you want to stop payment of a remotely created Check you must revoke the authorization by contacting the drafting party directly. We have no liability for paying such Check as written.

Stop payment of an ACH debit. You may request that we not pay an ACH debit if it has not already been paid. This is at your risk. You may instruct us to stop payment in person or by telephone. You cannot stop payment on an ACH debit by accessing your account via our Internet banking sites. Any stop payment instruction is subject to the terms and conditions of this Agreement. Any stop payment instruction is also subject to our Electronic Fund Transfers Disclosure and other applicable ACH rules and regulations.

We may require you to give us your stop payment instruction at least three (3) Business Days before the payment is to be made. We may require you to give us additional information, including the specific date the payment is to be made.

Your stop payment instruction of a single ACH debit will be effective until you have withdrawn the stop payment order or the debit entry has been returned.

When a stop payment instruction is for a recurring ACH debit, you must tell us the exact amount of the payment request and who will send it. If information you provide is incorrect (even by a penny) or incomplete, or is insufficient for us to stop the payment under the circumstances, we will not be liable to you. The stop payment instruction will be effective until all payment requests in that amount from that party have ended.

Your stop payment instruction must tell us if the payment is recurring. If you do not tell us it is a recurring payment your stop payment instruction will remain in effect until you withdraw the stop payment instruction or the single debit is returned.

When we receive your oral stop payment instruction, we will confirm your instruction by sending a written Notice to the account address. You are responsible for promptly reviewing the confirmation and letting us know of any discrepancies.

Before instructing us to stop payment you agree to thoroughly examine your account, including all prior account statements, to be sure the ACH debit has not already been paid. We will not be responsible for payment that we made before your stop payment instruction was effective.

We must exercise good faith and ordinary care regarding your stop payment instruction. You must show that payment caused an actual monetary loss to you in order to claim any reimbursement from us for making payment after receiving your stop payment instruction. Any reimbursement from us will be limited to the lesser of the amount you lost or the amount we paid in error. Any reimbursement shall not include any incidental or consequential amounts. Upon reimbursement, you agree to sign a statement describing the dispute over the debt. You will also transfer your rights to us and assist us in our collection efforts.

Stopping Payment on Cashier’s, Teller’s or Official Checks ("Bank Checks"). Your ability to stop payment on a personal Check written on your account is not the same as stopping payment on a Bank Check you purchase from us. Your ability to stop payment of a Bank Check is limited. We do not have to honor a request to stop payment of a Bank Check. You may only request stop payment if a Bank Check has been lost, stolen or destroyed. We may impose a 90-day waiting period after a Bank Check is issued before we refund or reissue it. We may require you to post an acceptable indemnity bond if you request a refund or reissuance of a Bank Check before the 90-day waiting period expires. We will require you to present a written claim on our form before refunding or reissuing a Bank Check.

G. Other Provisions

Disputes Concerning Your Account. If we have been Notified or we reasonably believe there is a legitimate dispute or claim concerning your account, we may, at our discretion:

  • Continue to rely on the signature cards, resolutions and other account documents in our possession;
  • Freeze all or any portion of the funds we deem appropriate until the dispute is resolved;
  • Pay the funds into an appropriate court of law or equity for resolution;
  • Honor the competing claim upon receipt of evidence we deem satisfactory to justify such claim; or
  • Close the account and pay any proceeds to all who have or claim an interest in the account; or the account owner(s) as indicated in our records.

In addition, we may, at our option, commence a lawsuit to determine the ownership of your account.

Freezing an account does not allow any type of withdrawal or Transfer from the account. It also prohibits any deposits or credits being made to the account. Our right to freeze or place a hold on your account applies if we have a good faith belief that:

  • We have a claim against you or the funds in your account;
  • Someone else has a claim against you or the funds in your account;
  • We may suffer a loss as a result of your actions;
  • Placing a hold on the account will best protect the interest of any one of the parties on the account; or
  • Placing a hold on the account would protect us from any claims on the funds in the account.

You agree that we shall have no liability for any Item which is returned unpaid or causes the account to go into overdraft status. We will not have liability if an Item is declared an "overdraft Item" or causes any other loss or damage.

You or we may close your account at any time with or without cause. We shall give you Notice of our intention to close your account. You must stop conducting Transactions on your account after receipt of Notice. We will not be liable for dishonoring any Items.

Suspected Elder Abuse. You agree we may provide information to Adult Protective Services or any similar state or local agency. If we believe financial abuse of an elder or dependent adult may be occurring, we may:

  • Freeze all or any part of the funds until any dispute or issue is resolved;
  • Refuse any Transactions and return Checks which may be related to the suspected financial abuse;
  • Request instruction or pay the funds into a court of competent jurisdiction;
  • Close the account and pay any funds to the owner of the account; or
  • Honor Checks and instructions from persons authorized as signers on our records.

Right to Close Your Account. You agree we may close your account anytime with or without cause. We shall give you Notice of our intention to close your account. You must stop conducting Transactions on your account after receipt of Notice. We will not be liable for dishonoring any Items initiated after the date of Notice. In the event you have not closed your account by the date specified in the Notice, we shall close the account and send you a cashier’s check for the balance in the account less any fees or amounts owed to us. Closing the account does not release you from payment of fees, liability for Items in process or payment of other funds owed to us. We may close your account without Notice if we believe it necessary to protect you, us, our employees or others.

You may close your account at any time but must first Notify us. Your failure to Notify us may result in additional fees or charges to the account. You will remain liable for all Items still outstanding.

We reserve the right to re-open closed accounts to permit a deposit or credit entry to post to the account. We may set off those funds if you owe us money. We may re-close the account by sending you a cashier’s check for the remaining balance in the account.

You agree we may close your account when it has become inactive. Inactive means the account has been at a zero balance and there have been no transactions in the account for a period of thirty (30) days. We reserve the right to change the definition of “inactive account” including the number of days with no transactions at any time. We may make this change without Notice to you unless notice is required by law or regulation. You may call 316-383-1234 or 800-895-2265 for the current number of days.

Sample of Your Signature. We may compare your signature to other signatures on file to determine if it is yours. Signatures used may be on a signature card, a Check, an agreement or other document. We may use an image or other process to record your signature from a Check or other document.

A signature other than hand written on the page is a facsimile signature. The signature may be printed by a computer, a stamp or other device. These are all referred to as "Facsimile Signature". You agree to give us a sample of your Facsimile Signature. We will accept a signature that looks similar to yours to pay Items even if you do not give us a sample. We may accept an Item even if it does not have an actual Facsimile Signature.

You are responsible for the security of the device that makes your Facsimile Signature. We are not responsible for payment of unauthorized Items that have your Facsimile Signature. We also are not responsible for payment of unauthorized Items that look like they have been signed by your Facsimile Signature. This applies regardless of who made the Facsimile Signature. This also applies regardless of how the Facsimile Signature is made. You agree to promptly review all images and your statement upon receipt of each statement.

Accounts are Not Assignable. You may not Transfer your account except on the Bank’s books and records. If you request that ownership of an account be transferred, we may require the account be closed and a new account opened.

We must give our written consent before an account may be pledged as collateral for a loan from another lender. A pledged account remains subject to our right of setoff and our prior security interest.

Legal Processes (including Garnishments and Levies). A "Legal Process" includes a writ of attachment, execution, garnishment, tax withholding order, levy, restraining order, subpoena, warrant, injunction, government agency request for information, search warrant, forfeiture or other similar legal document or court order.

The Bank will obey any Legal Process which appears valid on its face and names one or more owners of an account. If the account covered by the Legal Process is reported on a combined statement with other accounts, we will release the entire combined statement. This may result in our releasing information about accounts not covered by the Legal Process. If an account covered by the Legal Process has multiple owners or multiple Authorized Signers, we will release information about the account. This may result in our releasing information about co-owners or co-signers who are not covered by the Legal Process.

We may restrict the use of your account if it becomes involved in a Legal Process. While your account is restricted we will not pay a Check on your account unless we are legally obligated to pay it. We are legally obligated to pay a Check if we have already certified or guaranteed the Check; have paid the Check in cash; have settled for the Check without the right to revoke settlement; or our Legal Process Cutoff Hour has passed. Our Legal Process Cutoff Hour is 9:00 a.m. of the banking day following the banking day on which we receive the Check. We may change our Legal Process Cutoff Hour from time to time.

We may tell you we received the Legal Process by telephone or at the account address in our records. We will not do so if prohibited by law. We will rely solely on our account records in responding to a Legal Process. We will not resist or challenge any Legal Process directed against your account. We are not required to assert any exemptions you may have under state law. If you believe that the Legal Process is improper, you must take action through the Court to resolve the issue.

If some, but not all, of the joint owners of an account are named in a Legal Process, we are required to hold all of the funds up to the dollar limit of the Legal Process. A jointly owned account will be re-established with the same joint owners on the date we answer the Legal Process. If you do not want the joint account re-established, you must Notify us in writing.

If we use funds from a time deposit account to satisfy the Legal Process, we may impose an early withdrawal penalty.

We will review your account if it has electronic benefits and we receive a Legal Process on it. We will establish any "protected amount" as required by law.

If you owe us money and we receive a Legal Process we may exercise our right of offset or assert our security interest to collect our money. If we are required to pay your money based on a Legal Process, we will not be responsible to you for those funds. We will not be responsible even if it leaves insufficient funds to pay a Transaction you have already authorized.

We may charge your account a fee for responding to a Legal Process.

We will release information when necessary. This may be to complete a Transaction, answer an inquiry about the sufficiency of funds to cover a Check you have written, and as stated in our Electronic Fund Transfers Disclosure. You agree we may release this information without prior Notice to you.

Legal Fees and Expenses. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your account.

All remaining provisions of the Deposit Agreement shall remain effective as disclosed and agreed to at the time of opening your account or as amended or restated.

If You Owe Us Money. If you owe us money and it becomes due, we have the right to use the money from your account to pay the debt. This is called setoff. In addition, this Agreement grants us a security interest in your deposit accounts. Using this security interest we may apply the money from your account to pay a debt you owe to us.

If we do not set off your account when you owe us money, we may still do it at a later time if you owe us.

We may use the money in your time deposit to pay the debt owed us even if it results in an interest penalty. We may use the money in your account to pay the debt owed us even if it results in the dishonor of Checks. We may deduct the amount you owe us without prior Notice to you. This right of setoff and security interest applies to present and future indebtedness you owe to us. It does not apply to retirement accounts or accounts where you represent another.

You agree we can use all of the money in a partnership or joint account to satisfy the individual debts of any partner or joint owner. We will not consider who deposited the funds in the account. You also agree we may use the money in a partner’s or joint owner’s individual account to satisfy the debts of the partnership or joint account.

We may use the funds in your personal or business accounts to satisfy your personal or business debts to us if you are a sole proprietor.

Circumstances Beyond Our Control. We are not responsible for damages that happen due to events beyond our control. These may include computer viruses or software defects. They may also include terrorism, war, or natural disasters. They may also include communications failure or weather conditions. These are only examples of the events which could be beyond our control.

Enforcement of Entire Agreement. If any part of this Agreement cannot be enforced, it will not affect the rest of the Agreement. The Agreement will remain in effect even if you do not comply with all of it and we do not object. The Agreement will remain in effect even if we do not comply with all of it and you do not object.

H. BINDING ARBITRATION AND WAIVER OF JURY

PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE BETWEEN US MAY BE DECIDED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT (EXCEPT TO SMALL CLAIMS COURT), INCLUDING THE RIGHT TO A JURY. YOU AGREE A DISPUTE BROUGHT BY EITHER YOU OR WE WILL BE DECIDED BY A NEUTRAL ARBITRATOR. WE EACH WAIVE OUR RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY. ARBITRATOR DECISIONS ARE BINDING ON BOTH OF US AND ARE AS ENFORCEABLE AS ANY COURT ORDER. ARBITRATOR DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES USED IN COURT. EXCEPT AS OTHERWISE PROVIDED BELOW, WE BOTH WAIVE ANY RIGHTS AVAILABLE IN COURT BUT NOT AVAILABLE IN AN ARBITRATION.

Disputes and Claims Covered. You and We agree to use arbitration for all Disputes or claims ("Disputes") between us. This includes all Disputes about your deposit account, the opening of your deposit account, using our banking locations or facilities, accessing your account, our service on your deposit account. Arbitration applies to any provision of this Agreement. Arbitration applies to any and all Disputes, even if they happened in the past. Disputes are subject to arbitration regardless of the law they are based on.

Disputes also mean any disagreements about the application of validity of this arbitration provision.

Disputes are not subject to arbitration if they are filed by you or us in a small claims court. The Dispute must be in the court’s jurisdiction and proceed on an individual basis.

Filing of Dispute. If you file an arbitration dispute against us, you will use either the American Arbitration Association (AAA) or JAMS as the arbitration administrator ("Administrator"). The rules of AAA or JAMS will govern the proceeding. The Administrator is a neutral third party. If you file an arbitration dispute against us you must Notify us in writing at:

Intrust Bank
Legal Department
P.O. Box 1
Wichita, KS 67201

If we file an arbitration dispute against you, we will use either AAA or JAMS as the Administrator. The rules of AAA or JAMS will govern the proceeding. The Administrator is a neutral third party. If we file an arbitration dispute against you we will Notify you in writing at the postal address in our records for all mailings on your account.

Arbitration Procedures. Disputes will be decided by a single neutral arbitrator. Procedures and rules of the Administrator will govern the selection of the arbitrator. The arbitrator will apply applicable substantive law including the Federal Arbitration Act, applicable statutes and statutes of limitation, and the Administrator’s rules. The arbitrator will honor claims of privilege recognized by law. You may choose to have an in-person hearing and be represented by counsel.

Arbitration procedures are simpler and more limited than rules used in court. Some rights you and we would have if we went to court may not be available in arbitration. You and We agree that any Dispute will not be decided by a judge or jury. Arbitration decisions are subject to very limited review by a court. The rules of the Administrator may not allow discovery as allowed in litigation. A limited ability to exchange non-privileged information will be allowed as directed by the arbitrator.

If there are any variations between the Administrator’s rules and this Agreement, this Agreement shall control.

Arbitration Award. The arbitrator can award damages or other relief provided by law to you or us. The arbitrator cannot award damages or relief to anyone else. The arbitrator’s authority is limited to the Disputes between you and us. The arbitrator will provide a written statement of the decision on each Dispute. The statement will include the essential findings and conclusions on which the arbitrator based the decision.

Cost of Arbitration. Whoever files the arbitration will pay the initial filing fee. You may qualify for a fee waiver under the procedures and rules of the Administrator. If you pay the initial filing fee, we will reimburse you for that fee. All other fees will be allocated by the arbitrator in keeping with the procedures and rules of the Administrator and applicable law.

Enforcement of Arbitration Award. This Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act. If any provision of that act does not apply, is unenforceable or invalid, the law of the state of Kansas shall control.

The decision of the arbitrator is final and binding on you and us. The Administrator may allow reopening of the arbitration or reconsideration of the decision. Any final arbitration award will be binding on you and us and enforceable by any court having jurisdiction.

Severability of Terms. This arbitration provision shall survive the amendment, revision or termination of this Agreement. If any of this arbitration section is found to be unenforceable or invalid, the remaining sections shall remain in force.

C340-101NT (11/1/17)

YOUR ABILITY TO WITHDRAW FUNDS FROM YOUR DEPOSIT ACCOUNT

It is the policy of Intrust Bank to make funds from your deposits available to you on the next business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If you make a deposit at any of our banking locations before its close, that day will be considered the day of your deposit. If you make a deposit in an ATM, we will consider the deposit made on that day unless it is after 6:00 p.m. Central Time. If you make a deposit through Mobile Check Deposit, we will consider the deposit made on that day unless it is after 8:00 p.m. Central Time. If you make an electronic transfer through our Internet banking sites, we will consider the transfer made on that day unless it is after 10:00 p.m. Central Time. Customers of a particular geographic area, or of a particular banking location, may receive faster availability than that reflected in this disclosure.

Longer Delays May Apply. In some cases, we will not make all of the funds that you deposit by check available to you on the next business day after the day of your deposit.

If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available. Funds you deposit by check may be delayed under the following circumstances:

  1. We believe a check you deposit will not be paid.
  2. You deposit checks totaling more than $5,000 on any one day.
  3. You redeposit a check that has been returned unpaid.
  4. You have overdrawn your account repeatedly in the last six months.
  5. There is an emergency, such as failure of communications or computer equipment.

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 seventh business day after the day of your deposit.

Special Rules for New Accounts. If you are a new customer, the following special rules may apply during the first 30 days your account is open:

  1. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
  2. Funds from all other check deposits will be available on the seventh business day after the day of your deposit.

C340-100NT (10/1/16)

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