Common use of Accountholder’s Warranties Clause in Contracts

Accountholder’s Warranties. I make the following warranties and representations with respect to each image of an original check I transmit to you utilizing the Services: • Each image of a check transmitted to you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • I will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. • Other than the digital image of an original check that I remotely deposit through your Services, there are no other duplicate images of the original check. • I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • I have not knowingly failed to communicate any material information to you. • I have possession of each original check deposited using the Services and no party will submit the original check for payment. • Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems. • Storage of Original Checks. I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the application.

Accountholder’s Warranties. I make the following warranties As a condition to utilizing this Service, you represent and representations with respect warrant to each image of an original check I transmit to you utilizing the Servicesus and agree that: • Each image of a check transmitted to you us utilizing the Service is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. ; • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. ; • I You will not deposit or otherwise endorse to a third party the original item (the original check) check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item deposited (either the original itemcheck, or a paper or electronic representation of the original itemcheck) such that the person will be asked to make payment based on an item a check it has already paid. ; • Other than the digital image of an original check that I you remotely deposit through your Servicesour Service, there are no other duplicate images of the original check. ; • I have instituted procedures to ensure that each Each original check deposited remotely through our Service was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. ; • I am The original check is made payable to you and you are authorized to enforce each item transmitted endorse such check and deposit such check into your Deposit Account; • The information you provided in your enrollment is true and correct and, in the event any such information changes, you will immediately notify us of the change; • You will immediately notify us should any representation, warranty or am authorized agreement made by you to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. us in this Agreement becomes untrue or incorrect; • I have not knowingly failed to communicate any material information to you. • I You have possession of each original check deposited using the Services Service and will destroy it within the time frame set forth in this Agreement, and no party will submit the original check for payment. ; • Files and images transmitted to you us will contain no be free from viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems. ; and • Storage You are in compliance with all of Original Checks. I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand your obligations under this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the applicationAgreement.

Accountholder’s Warranties. I You make sure the following warranties and representations with respect to each image of an original check I you transmit to you the Credit Union utilizing the ServicesRDC: • ● Each image of a check transmitted to you the Credit Union is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • ; ● The amount, the payee, signature(s), and endorsement(s) endorsement on the original check are legible, genuine, and accurate. • ; ● I will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. • ; ● Other than the digital image of an original check that I remotely deposit through your ServicesRDC, there are no other duplicate images of the original check. • ; ● I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • ; ● I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • ; ● I have not knowingly failed to communicate any material information to you. • the Credit Union; ● I have possession of each original check deposited using the Services RDC and no party will submit the original check for payment. • ; ● Files and images transmitted to you the Credit Union will contain no viruses or any other disabling features that may have an adverse impact on your the Credit Union network, data, or related systems. • Storage of Original Checks. I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable ; and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. ● I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree personal responsibility to ensure that my the security of the mobile device remains securely in my possession until I own and use to access RDC, which includes the deposit has been completed security of any wireless or to delete the associated images from the applicationinternet service or network I may be utilizing.

Accountholder’s Warranties. I You make the following warranties and representations with respect to your use of the Remote Deposit Capture Services and each image of an original check I you transmit to you utilizing us using the Remote Deposit Capture Services: • Each image of a check transmitted to you us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • I Each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise endorse to a third party any other person for payment and will not cause the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paiddebited twice. • Other than the digital image of an original check that I you remotely deposit through your the Services, there are no other duplicate images of the original check. • I have instituted procedures to ensure that each Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • I am authorized to enforce each item transmitted or am authorized to obtain payment The information you provided in your Application is true and correct and, in the event any such information changes, you will immediately notify us of each item on behalf of a person entitled to enforce such transmitted itemthe change. • I You have not knowingly failed to communicate any material information to youus. • I have You will retain possession of each original check deposited using the Remote Deposit Capture Services for the required sixty (60) day retention period and no neither you nor any other party will submit the original check for payment. • You will not use the Remote Deposit Capture Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to you us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems. • Storage of Original Checks. I must securely store each original check. If I am using the Service to Each check you submit for deposit items into an account is drawn in United States dollars on a financial institution located in the name United States, excluding its territories. Disclaimer Of Warranties YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE REMOTE DEPOSIT CAPTURE SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE REMOTE DEPOSIT CAPTURE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE REMOTE DEPOSIT CAPTURE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE REMOTE DEPOSIT CAPTURE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL MOBILE DEVICE, HARDWARE, SOFTWARE OR OTHER EQUIPMENT. Limitation Of Liability YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE REMOTE DEPOSIT CAPTURE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE, THE TERMINATION OF THE USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. Accountholder’s Indemnification Obligation You agree to indemnify, defend and hold harmless the Credit Union and its directors, officers, employees, Members and agents (the “Indemnified Parties”) from and against any and all losses, costs, expenses, fees (including, but not limited to, reasonable attorneys’ fees and disbursements), claims, damages, liabilities and causes of a Business to which I am a party I understand this means the original check(saction of third parties resulting or arising from: (i) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my your failure to secure abide by or perform any obligation imposed upon you under this Agreement; (ii) the original checks. Securing Images on Mobile Devices. When using eDepositwillful misconduct, I understand that check images captured using my mobile device are stored on fraud, criminal activity, intentional tort or negligence of you or any of your representatives involving use of the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the application.Remote Deposit Capture Services;

Accountholder’s Warranties. I You make the following warranties and representations with respect to your use of the Service and each image of an original check I you transmit to you utilizing us using the ServicesService: • Each image of a check transmitted to you us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. ; • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. ; • I Each check you submit to us for deposit will not deposit or otherwise endorse be resubmitted in any format to a third party the original item (the original check) and no person will receive a transferus, presentmentto any other person, or return ofother financial institution for payment, or otherwise and will not cause the same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. debited twice; • Other than the digital image of an original check that I you remotely deposit through your Servicesthe Service, there are no other duplicate images of the original check. ; • I have instituted procedures to ensure that each Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. ; • I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • I You have not knowingly failed to communicate any material information to you. us; • I have You will retain possession of each original check deposited using the Services Service for the required retention period and no neither you nor any other party will submit the original check for payment. ; • You will not use the Service and/or your accounts for any illegal activity or transactions; Files and images transmitted to you us will contain no viruses or any other disabling features that which may have an adverse impact on your our network, data, or related systems. • Storage In addition you agree you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of Original Checksthe technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service. I must securely store each original check. If I am using INDEMNIFICATION—You agree to indemnify, defend and hold harmless United Southeast Federal Credit Union, our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising directly or indirectly from: (a) your use of the Service Service; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to deposit items into an account this Agreement, (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the name unauthorized and/or non-permissible use of a Business to which I am a party I understand this means the original check(sinformation obtained via United Southeast Federal Credit Union’s Mobile Access service; and/or (e) must be accessible only [under dual control] your infringement, or infringement by my authorized personnelany other user of your account(s) at our website, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed intellectual property or to delete the associated images from the applicationother right of any person or entity.

Accountholder’s Warranties. I You make the following warranties and representations with respect to your use of Mobile Deposit Services and each image of an original check I you transmit to you utilizing the us using Mobile Deposit Services: • (a) Each image of a check transmitted to you us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The ; (b) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • I ; (c) each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise endorse to a third party any other person or the original item of it negotiated or presented for payment to any financial institution for payment resulting in the same drawer’s account to be debited twice; (the original checkd) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. • Other other than the digital image of an original check that I you remotely deposit through your Mobile Deposit Services, there are no you did not permit other or duplicate images of the original check. • I have instituted procedures check to ensure that be deposited or put through for collection; (e) each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • I am authorized , (f) the information you provided to enforce each item transmitted or am authorized to obtain payment us is true and correct and, in the event such information changes, you will notify us immediately of each item on behalf of a person entitled to enforce such transmitted item. • I the change; (g) you have not knowingly failed to communicate any material information to you. • I have us; (h) you will retain possession of each original check deposited using Mobile Deposit Services for the Services required (60) sixty day retention period and no neither you nor any other party will submit resubmit the original check for payment. • Files ; (i) you will not use the Mobile Banking Services for any illegal activity or transactions; (j) files and images transmitted to you us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, date or related systems; and (k) each check you submit for deposit is drawn in United States dollars on a financial institution located within the United States, excluding its territories. • Storage Hours of Original ChecksAccessibility. I In general, Mobile Banking is accessible 24-hours per day, seven days a week; however, German American State Bank does not guarantee the Mobile Banking will be available at all times. Occasionally, due to system maintenance or reasons beyond our control, the mobile banking service may be unavailable. Transactions (does not include mobile deposits) are processed on business days only. Every day is a business day except Saturdays, Sundays and Federal Holidays. A transfer between your German American State Bank mobile checking/savings accounts initiated before 5:00 p.m. CST on a business day is posted to your account the same day. A transfer completed after 5:00 p.m. CST on a business day or on a non-banking day, as specified above, will be posted on the next business day. An external transfer from your German American State Bank Mobile checking/savings account to mobile accounts at another institution must securely store each original checkbe initiated by 3:30 p.m. CST on a business day. If I am A transfer completed after 3:30 p.m. CST or on a non-banking day, as specified above, will be posted on the next business day. Charges for the Mobile Banking Service. There is no fee to access Mobile Banking; however, all other fees associated with your accounts apply. In addition, Text Message charges and/or Mobile Internet Data charges may apply. You are responsible for the charges of any wireless service provider while using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services service. Contact your mobile service provider for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the applicationdetails.

Accountholder’s Warranties. I make the following warranties and representations with respect to each image of an original check I transmit to you utilizing the Services: • Each image of a check transmitted to you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • I will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid. • Other than the digital image of an original check that I remotely deposit through your Services, there are no other duplicate images of the original check. • I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information I provided in my Application remains true and correct and, in the event any such information changes, I will immediately notify you of the change. I have not knowingly failed to communicate any material information to you. • I have possession of each original check deposited using the Services and no party will submit the original check for payment. • Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems. • Storage of Original Checks. I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 7 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. Securing Images on Mobile Devices. When using eDeposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the application.