Common use of Check Legends Clause in Contracts

Check Legends. We may disregard information on any check or item other than the signature of the drawer, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other information that appears on the MICR line. In addition, we are not responsible to take action on, or for failure to notify you of restrictive language placed on checks or other items, including but not limited to terms such as, "Void after 90 Days," "Paid in Full," "Two Signatures Required," "Void Over $100" or similar statements. In accordance with reasonable banking standards, most checks and other items are processed through automated processing and, except in limited circumstances and in our discretion, most items are not individually examined. INSUFFICIENT FUNDS AND OVERDRAFTS. Your account becomes overdrawn when you do not have enough money in your account to cover a transaction. We may pay or return your insufficient funds item(s) at the Bank's discretion. An overdraft fee may be assessed per item for any returned or paid insufficient item(s). Overdraft fees are applicable to all checking, money market, savings, and health savings accounts. At the Bank's discretion, we may elect to waive an overdraft fee. STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized electronic funds transfer ("ACH/EFT"), or other item payable from your Account, whether drawn or authorized by you or any other account holder, as follows: Stop Payment Against a Check or Other Item. A stop payment request against a check or other item payable from your Account will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. A stop payment order against a check or other item payable from your Account is effective for six (6) months, but may lapse after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. Stop Payment Against an ACH/EFT. A stop payment order against an ACH/EFT may be honored if received at least three (3) banking days before the scheduled date of the transfer. If we honor a stop payment request against an ACH/EFT received on or within three (3) banking days of the scheduled transfer, we do so without any liability or responsibility to any party having any interest in the entry. A stop payment order against an ACH/EFT is effective until the earlier of: (i) you withdraw the stop payment order, or (ii) the debit entry is returned, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific party, all such debit entries are returned. We may require you to provide us written confirmation of a verbal stop order request against an ACH/EFT within fourteen (14) calendar days. Additionally, if you request us to stop all future payments pursuant to a specific ACH/EFT authorization involving a particular party, we may require you to confirm in writing that you have revoked such authorization. All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee. If you give us incorrect information, we will not be liable for failing to stop payment on the item or authorization. Our acceptance of a stop payment order will not constitute a representation that the item or authorization has not already been paid or that we have a reasonable opportunity to act upon the order. You may not stop payment on an official, certified, cashier's, or teller's check issued by us, or request us to stop payment if we have otherwise become accountable for the item or authorization. In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement. Further you may not stop payment on an item or authorization after acceptance of the same by us.

Check Legends. We may disregard information on any check or item other than the signature of the drawer, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other information that appears on the MICR line. In addition, we are not responsible to take action on, or for failure to notify you yo u of restrictive language placed on checks or other items, including but not limited to terms such as, "Void after 90 Days," "Paid in Full," "Two Signatures Required," "Void Over $100" or similar statements. In accordance with reasonable banking standards, most checks and other items are processed through automated processing and, except in limited circumstances and in our discretion, most items are not individually examined. INSUFFICIENT FUNDS AND OVERDRAFTS. Your account becomes overdrawn when you do not have enough money in your account to cover a transaction. We may pay or return your insufficient funds item(s) at the Bank's discretion. An overdraft fee may be assessed per item for any returned or paid insufficient item(s). Overdraft fees are applicable to all checking, money market, savings, and health savings accounts. At the Bank's discretion, we may elect to waive an overdraft fee. STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized pre -authorized electronic funds transfer ("ACH/EFT"), or other item payable from your Account, whether drawn or authorized by you or any other account holder, as follows: Stop Payment Against a Check or Other Item. A stop payment request against a check or other item payable from your Account will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. A stop payment order against a check or other item payable from your Account is effective for six (6) months, but may lapse after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. Stop Payment Against an ACH/EFT. A stop payment order against an ACH/EFT may be honored if received at least three (3) banking days before the scheduled date of the transfer. If we honor a stop payment request against an ACH/EFT received on or within three (3) banking days of the scheduled transfer, we do so without any liability or responsibility to any party having any interest in the entry. A stop payment order against an ACH/EFT is effective until the earlier of: (i) you withdraw the stop payment order, or (ii) the debit entry is returnedret urned, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific party, all such debit entries are returned. We may require you to provide us written confirmation of a verbal stop order request against an ACH/EFT within fourteen (14) calendar days. Additionally, if you request us to stop all future payments pursuant to a specific ACH/EFT authorization involving a particular party, we may require you to confirm in writing that you have revoked such authorization. All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee. If you give us incorrect information, we will not be liable for failing to stop payment on the item or authorization. Our acceptance of a stop payment order will not constitute a representation that the item or authorization has not already been paid or that we have a reasonable opportunity to act upon the order. You may not stop payment on an official, certified, cashier's, or teller's check xx xxx issued by us, or request us to stop payment if we have otherwise become accountable for the item or authorization. In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement. Further you may not stop payment on an item or authorization after acceptance of the same by us.

Check Legends. We may disregard information on any You acknowledge and agree that due to automated check or item other than the signature of the drawerprocessing, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other information that appears on the MICR line. In additionwhich helps us keep our customers’ costs as low as possible, we are cannot responsible to take action on, examine checks for legends such as for example: “void if not cashed in 30 days” or for failure to notify you “void if in excess of restrictive language placed on checks or other items, including but not limited to terms such as, "Void after 90 Days," "Paid in Full," "Two Signatures Required," "Void Over $100" or similar statements. In accordance with reasonable banking standards.” Therefore, most checks and other items are processed through automated processing and, except in limited circumstances and in our discretion, most items are not individually examined. INSUFFICIENT FUNDS AND OVERDRAFTS. Your account becomes overdrawn when you do agree that we will not have enough money in your account failed to cover a transaction. We may pay or return your insufficient funds item(s) at the Bank's discretion. An overdraft fee may be assessed per item for any returned or paid insufficient item(s). Overdraft fees are applicable to all checking, money market, savings, and health savings accounts. At the Bank's discretion, we may elect to waive an overdraft fee. STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized electronic funds transfer ("ACH/EFT"), or other item payable from your Account, whether drawn or authorized by you or any other account holder, as follows: Stop Payment Against a Check or Other Item. A stop payment request against a check or other item payable from your Account will be effective exercise “ordinary care” if we receive the order at disregard such time legends and in such manner as to afford us a reasonable opportunity to act upon the order. A stop payment order against a check or other item payable from your Account is effective for six (6) months, but may lapse after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. Stop Payment Against an ACH/EFT. A stop payment order against an ACH/EFT may be honored if received at least three (3) banking days before the scheduled date of the transfer. If we honor a stop payment request against an ACH/EFT received on or within three (3) banking days of the scheduled transfer, we do so without any liability or responsibility to any party having any interest in the entry. A stop payment order against an ACH/EFT is effective until the earlier of: (i) you withdraw the stop payment order, or (ii) the debit entry is returned, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific party, all such debit entries are returned. We may require you to provide us written confirmation of a verbal stop order request against an ACH/EFT within fourteen (14) calendar days. Additionally, if you request us to stop all future payments pursuant to a specific ACH/EFT authorization involving a particular party, we may require you to confirm in writing that you have revoked such authorization. All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee. If you give us incorrect information, we will not be liable for failing paying a check contrary to stop payment the instructions of such legends. You agree we may disregard any information on a check other than information encoded on the MICR line according to general banking standards, whether or not that information is consistent with other information on the check. You agree to reimburse us for any loss or expense we incur because you issue or deposit an item containing such extra information. STALE CHECKS: You agree that we may, at our option, either pay or authorizationdishonor a check that bears a date more than 6 months prior to the date the check is presented for payment, without prior notice to you. Our acceptance RIGHT OF SET-OFF AND CONSENSUAL SECURITY INTEREST: If you owe us money as an account owner, signer on an account, borrower, guarantor or otherwise, you agree we may use the funds in your account to pay the debt even if our withdrawal of funds results in an interest penalty or dishonor of checks you write. Any joint account owner of a joint account, or partner in the case of a partnership account, or member of a limited liability company, agrees we may use the account to satisfy any one of your individual obligations or obligations of the joint partnership or limited liability company account. Further, except as to Individual Retirement Accounts (IRAs), other tax-deferred retirement accounts, bank credit card debts, an account owner’s right of withdrawal in a representative capacity, or otherwise as prohibited by law, each account owner hereby grants to us a consensual security interest in the deposit account as original collateral for any debt owed to us by any account owner or signer on the account whether that debt is owed as account owner, signer on an account, borrower, guarantor or otherwise and in an individual, joint, partnership or limited liability company capacity. It is agreed that any exercise of our right of set-off or our security interest will be with notice to you, but that notice may be given after the fact by us. GARNISHMENT AND LEVY: You agree that any garnishment or levy against your account is subject to our right of set-off and our consensual security interest. You agree that if we receive notice of garnishment or levy, we may refuse to allow any withdrawals from your account until the dispute is resolved or, in Legacy’s sole discretion, may pay any unsecured funds that exceed Legacy’s fees in response to any process that we reasonably believe represents a valid garnishment, levy or money not secured by us. In such a case, you agree we will not be liable to you if paying money to the garnishing or levying third party leaves insufficient funds to cover outstanding checks. You agree to reimburse us for any expenses we incur in responding to the garnishment or levy. You agree to pay us a fee as disclosed in our Service Charge Schedule under “Garnishment/Levy.” HOLDS AND ADVERSE CLAIMS TO ACCOUNT: You agree we may in our discretion place a hold on funds in your account at any time that we believe in good faith that we may be subject to loss if items are paid or other withdrawals are permitted from the account. Without limiting the generality of the previous sentence, You agree that if after an item that you cashed or deposited to your account is finally paid, someone else makes a claim that it was altered, forged, unauthorized or should not have been paid for some other reason, we may withhold the amount of such item until a final determination has been made as to that claim. You also agree that if we receive notice of an adverse claim to your account, we may, at our sole discretion, either freeze all funds in your account until the adverse claim is resolved or continue to honor your checks (except in the case of a stop payment order will not constitute following a representation that depositor’s death, as explained elsewhere in this Deposit Agreement) until we are served with an appropriate court order or the item claimant indemnifies us in a manner acceptable to us. DISPUTES INVOLVING THE ACCOUNT: You agree to be liable to us for any loss or authorization has not already been paid or expense (including, without limitation, reasonable attorneys’ fees) that we have incur as a reasonable opportunity to act upon the orderresult of any dispute involving any of your accounts. You agree that we may not stop payment on deduct any such loss or expense from any of your accounts without prior notice. You also agree that this liability to us includes disputes between you and us involving an officialaccount and situations where we become involved in disputes between you and an authorized signer, certifiedanother owner or a third party claiming an interest in an account. Additionally, cashier'syou agree that your liability to us includes situations where you, an authorized signer, another owner or teller's check issued by a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or request us to stop payment if we have otherwise become accountable for the item not Legacy actually becomes further involved in a dispute or authorization. In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement. Further you may not stop payment on an item or authorization after acceptance of the same by usnot.

Check Legends. We may disregard information on any You acknowledge and agree that due to automated check or item other than the signature of the drawerprocessing, the identification of the drawee financial institution and payee, the amount, the endorsements, and any other information that appears on the MICR line. In additionwhich helps us keep our customers’ costs as low as possible, we are cannot responsible to take action on, examine checks for legends such as for example: “void if not cashed in 30 days” or for failure to notify you “void if in excess of restrictive language placed on checks or other items, including but not limited to terms such as, "Void after 90 Days," "Paid in Full," "Two Signatures Required," "Void Over $100" or similar statements. In accordance with reasonable banking standards.” Therefore, most checks and other items are processed through automated processing and, except in limited circumstances and in our discretion, most items are not individually examined. INSUFFICIENT FUNDS AND OVERDRAFTS. Your account becomes overdrawn when you do agree that we will not have enough money in your account failed to cover a transaction. We may pay or return your insufficient funds item(s) at the Bank's discretion. An overdraft fee may be assessed per item for any returned or paid insufficient item(s). Overdraft fees are applicable to all checking, money market, savings, and health savings accounts. At the Bank's discretion, we may elect to waive an overdraft fee. STOP PAYMENT ORDERS. Subject to certain limitations, you may order us to stop payment on any check, automated clearing house/pre-authorized electronic funds transfer ("ACH/EFT"), or other item payable from your Account, whether drawn or authorized by you or any other account holder, as follows: Stop Payment Against a Check or Other Item. A stop payment request against a check or other item payable from your Account will be effective exercise “ordinary care” if we receive the order at disregard such time legends and in such manner as to afford us a reasonable opportunity to act upon the order. A stop payment order against a check or other item payable from your Account is effective for six (6) months, but may lapse after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop payment order against a check or other item payable from your Account may be renewed for additional six (6) month periods if renewed during a period within which the stop payment order is effective. Stop Payment Against an ACH/EFT. A stop payment order against an ACH/EFT may be honored if received at least three (3) banking days before the scheduled date of the transfer. If we honor a stop payment request against an ACH/EFT received on or within three (3) banking days of the scheduled transfer, we do so without any liability or responsibility to any party having any interest in the entry. A stop payment order against an ACH/EFT is effective until the earlier of: (i) you withdraw the stop payment order, or (ii) the debit entry is returned, or, where a stop payment order is applied to more than one debit entry under a specific authorization involving a specific party, all such debit entries are returned. We may require you to provide us written confirmation of a verbal stop order request against an ACH/EFT within fourteen (14) calendar days. Additionally, if you request us to stop all future payments pursuant to a specific ACH/EFT authorization involving a particular party, we may require you to confirm in writing that you have revoked such authorization. All stop payment order requests will require you to provide the date, the amount, and the number of the item or authorization, together with the name of the payee. If you give us incorrect information, we will not be liable for failing paying a check contrary to stop payment the instructions of such legends. You agree we may disregard any information on a check other than information encoded on the MICR line according to general banking standards, whether or not that information is consistent with other information on the check. You agree to reimburse us for any loss or expense we incur because you issue or deposit an item containing such extra information. STALE CHECKS: You agree that we may, at our option, either pay or authorizationdishonor a check that bears a date more than 6 months prior to the date the check is presented for payment, without prior notice to you. Our acceptance RIGHT OF SET-OFF AND CONSENSUAL SECURITY INTEREST: If you owe us money as an account owner, signer on an account, borrower, guarantor or otherwise, you agree we may use the funds in your account to pay the debt even if our withdrawal of funds results in an interest penalty or dishonor of checks you write. Any joint account owner of a joint account, or partner in the case of a partnership account, or member of a limited liability company, agrees we may use the account to satisfy any one of your individual obligations or obligations of the joint partnership or limited liability company account. Further, except as to Individual Retirement Accounts (IRAs), other tax-deferred retirement accounts, bank credit card debts, an account owner’s right of withdrawal in a representative capacity, or otherwise as prohibited by law, each account owner hereby grants to us a consensual security interest in the deposit account as original collateral for any debt owed to us by any account owner or signer on the account whether that debt is owed as account owner, signer on an account, borrower, guarantor or otherwise and in an individual, joint, partnership or limited liability company capacity. It is agreed that any exercise of our right of set-off or our security interest will be with notice to you, but that notice may be given after the fact by us. GARNISHMENT AND XXXX: You agree that any garnishment or levy against your account is subject to our right of set-off and our consensual security interest. You agree that if we receive notice of garnishment or levy, we may refuse to allow any withdrawals from your account until the dispute is resolved or, in Legacy’s sole discretion, may pay any unsecured funds that exceed Legacy’s fees in response to any process that we reasonably believe represents a valid garnishment, levy or money not secured by us. In such a case, you agree we will not be liable to you if paying money to the garnishing or levying third party leaves insufficient funds to cover outstanding checks. You agree to reimburse us for any expenses we incur in responding to the garnishment or levy. You agree to pay us a fee as disclosed in our Service Charge Schedule under “Garnishment/Levy.” HOLDS AND ADVERSE CLAIMS TO ACCOUNT: You agree we may in our discretion place a hold on funds in your account at any time that we believe in good faith that we may be subject to loss if items are paid or other withdrawals are permitted from the account. Without limiting the generality of the previous sentence, You agree that if after an item that you cashed or deposited to your account is finally paid, someone else makes a claim that it was altered, forged, unauthorized or should not have been paid for some other reason, we may withhold the amount of such item until a final determination has been made as to that claim. You also agree that if we receive notice of an adverse claim to your account, we may, at our sole discretion, either freeze all funds in your account until the adverse claim is resolved or continue to honor your checks (except in the case of a stop payment order will not constitute following a representation that depositor’s death, as explained elsewhere in this Deposit Agreement) until we are served with an appropriate court order or the item claimant indemnifies us in a manner acceptable to us. DISPUTES INVOLVING THE ACCOUNT: You agree to be liable to us for any loss or authorization has not already been paid or expense (including, without limitation, reasonable attorneys’ fees) that we have incur as a reasonable opportunity to act upon the orderresult of any dispute involving any of your accounts. You agree that we may not stop payment on deduct any such loss or expense from any of your accounts without prior notice. You also agree that this liability to us includes disputes between you and us involving an officialaccount and situations where we become involved in disputes between you and an authorized signer, certifiedanother owner or a third party claiming an interest in an account. Additionally, cashier'syou agree that your liability to us includes situations where you, an authorized signer, another owner or teller's check issued by a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or request us to stop payment if we have otherwise become accountable for the item not Legacy actually becomes further involved in a dispute or authorization. In addition, you may not stop payment on checks governed by a separate agreement, such as a check guaranty agreement. Further you may not stop payment on an item or authorization after acceptance of the same by usnot.