Common use of Checks Deposited and Security Interest Clause in Contracts

Checks Deposited and Security Interest. Member hereby agrees that it will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico. Member further agrees that it will not remotely deposit any check(s) or other item(s) that: (a) are payable to any person or entity other than Member, (b) are drawn, or otherwise issued, by Member or any affiliate of Member on any account of Member or of such affiliate, (c) are prohibited by Nusenda’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows or suspects, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Nusenda’s prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits a Prohibited Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda a security interest in all Accounts or other deposits (whether general or special) of Member’s at Nusenda, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda Bank (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Mobile Deposit Service to deposit any check(s) Checks or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyou maintained at another financial institution, (c) are prohibited by NusendaBank’s then current procedures Procedures pertaining to the Mobile Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaBank’s prior express written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit Account Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (hg) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorneys’ fees) Nusenda Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaBank’s express written consent to do so, Member provides Nusenda you provide Bank with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant Bank a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at Nusendathe Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda Bank under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan take photos (or “images”) and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg Reg. CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New MexicoCode. Member You further agrees agree that it you will not remotely deposit any check(s) Prohibited Check or other item(s) thatitem. Prohibited Check or items are as follows: (a) are payable to any person • Checks that were previously deposited by Mobile Capture, at First State Bank or entity other than Member, (b) at another financial institution; • Checks are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member yours maintained at another financial institution unless you notify and receive permission from us prior to submitting the deposit; • Checks payable jointly, unless deposited into an account in the name of all payees • Credit card convenience check and savings bonds; • Checks that have been altered or of such affiliate, (c) are prohibited by Nusenda’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows or suspects, that you do or should know know/suspect to be altered or suspectfraudulent in any way, is fraudulent or otherwise not authorized by the owner of the account on which the Check check is drawn; • Checks that are dated more than six months prior or that have a future date or checks that have exceeded the “Valid” period. • Checks that the written and numerical amounts do not match. • Checks that are not signed by the payee. • Checks that are drawn on financial institutions that are located outside of the United States; • Items that are not paid in United States currency; • Items payable to another person or entity; • Items that are missing processing information (examples: missing or illegible routing numbers or account numbers); • Checks or items previously converted to a substitute check, (e) have not been previously endorsed by a Nusenda and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, as defined in Reg. CC without Nusenda’s our prior written consent, (f) are drawn on financial institutions ; Rebate checks; • Returned items; • Checks that are located outside of the United States remotely created checks, sight or Territories of the United States, (g) is a Remotely Created Checkpayable through drafts, as that term is defined in Reg by Reg. CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at NusendaFirst State Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member When using the Mobile Deposit Service, you hereby agrees agree that it you will only scan and deposit a check(s) check as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) ). You cannot deposit money orders using the Mobile Deposit Service. You agree that the Check Images of the Check that are transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Mobile Deposit Service to deposit any check(s) or other item(s) Checks that: (a) are payable to any person or entity other than Memberthe Deposit Account owner, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyours maintained at another financial institution, (c) are prohibited by Nusenda’s our then current procedures Procedures pertaining to the Mobile Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is are fraudulent or otherwise not authorized by the owner of the account on which the Check is Checks are drawn, (e) have not been previously endorsed by a Nusenda bank (or other institution) and are either “substitute checks” (as defined in Reg Regulation CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Nusenda’s our prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories territories of the United States, (g) is a Remotely Created Checkare not payable in US Dollars, as that term is defined in Reg CC, and (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda us for deposit into a deposit account Deposit Account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof Account Documentation (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Deposit Accounts or other deposits (whether general or special) of Member’s yours at NusendaWings, and in all funds in such Deposit Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this AgreementAddendum. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offsetAddendum.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda us (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely deposit any check(s) checks or other item(s) item that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyours maintained at another financial institution, (c) are prohibited by Nusenda’s our then current procedures pertaining to the Remote Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checkscheck, without Nusenda’s our prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, or (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda us for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (hg) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s our written consent to do so, Member provides Nusenda you provide us with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda incurs we incur because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts or other deposits (whether general or special) of Member’s at Nusendayou maintain with us, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member Customer hereby agrees that it will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“"Reg CC”"). Member Customer agrees that the image of the check that is transmitted to Nusenda Bank (each such check and other item a “"Check” " and, if more than one, “"Checks”") shall be deemed an “"item” " within the meaning of Article Articles 3 and 4 of the Uniform Commercial Code as in effect in New MexicoCode. Member Customer further agrees that it will not remotely deposit any check(s) Check or other item(s) item that: (a) are payable to any person or entity other than MemberCustomer, (b) are drawn, or otherwise issued, by Member or any affiliate of Member Customer on any account of Member on which Customer is an authorized signer and maintained at Bank or of such affiliateat another financial institution, (c) are prohibited by Nusenda’s then current procedures pertaining to the Service (the “Procedures”) Bank or are in violation of any law, rule or regulation, (d) Member Customer knows or suspects, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda bank and are either “"substitute checks” " (as defined in Reg CC or other applicable federal law or regulation) or “"image replacement documents” " that purport to be substitute checks, without Nusenda’s Bank's prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through of this Agreement (h) each a “Prohibited Check” andare payable jointly, collectively, “Prohibited Checks”). If Member deposits a Prohibited Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit unless deposited into an Account instead account in the name of an original Checkall payees, Member agrees (i) are dated more than 6 months prior to indemnify and reimburse Nusenda forthe date of deposit, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys feesj) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda have been previously submitted through Remote Deposit Services or through a security interest in all Accounts or other deposits (whether general or special) of Member’s remote deposit capture service at Nusenda, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims financial institution, (k) have been dishonored or returned to such funds have expired. Member may be required to maintain a reserve Customer unpaid for any reason, (“Settlement Reserve”l) of an amount to be solely determined are drawn or otherwise issued by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited U.S. Treasury Department (m) are remotely created Checks as defined in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this AgreementRegulation CC, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.or

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda Bank (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Snap Deposit Service to deposit any check(s) Checks or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyou maintained at another financial institution, (c) are prohibited by NusendaBank’s then current procedures Procedures pertaining to the Snap Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaBank’s prior express written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit Account Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (hg) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorneys’ fees) Nusenda Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaBank’s express written consent to do so, Member provides Nusenda you provide Bank with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant Bank a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at Nusendathe Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda Bank under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member When using Mobile Deposit, you hereby agrees agree that it you will only scan and deposit a check(s) check as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) ). You cannot deposit money orders using Mobile Deposit. You agree that the Check Images of the Check that are transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New MexicoCode. Member You further agrees agree that it you will not remotely use Mobile Deposit to deposit any check(s) or other item(s) Checks that: (a) : a. are payable to any person or entity other than Memberthe account owner, (b) b. are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliate, (c) yours maintained at another financial institution, c. are prohibited by Nusenda’s our then current procedures Procedures pertaining to the Service (the “Procedures”) Mobile Deposit or are in violation of any law, rule rule, or regulation, (d) Member knows d. you know or suspectssuspect, or should know or suspect, is are fraudulent or otherwise not authorized by the owner of the account on which the Check is Checks are drawn, (e) , e. have not been previously endorsed by a Nusenda bank (or other institution) and are either “substitute checks” (as defined in Reg Regulation CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Nusenda’s our prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which h. are not acceptable to Nusenda us for deposit into a deposit an account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof Account Documentation (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs costs, and expenses (including reasonable attorneys attorney’s fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts accounts or other deposits (whether general or special) of Member’s yours at NusendaWings, and in all funds in such Accounts accounts or other deposits, to secure Member’s your obligations to Nusenda us under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member hereby agrees that it will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda AMHFCU (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” (“Item”) within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member further agrees that it will not remotely deposit any check(s) or other item(s) that: : (a) are payable to any person or entity other than Member, , (b) are drawn, or otherwise issued, by Member or any affiliate of Member on any account of Member or of such affiliate, , (c) are prohibited by NusendaAMHFCU’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, , (d) Member knows or suspects, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, , (e) have not been previously endorsed by a Nusenda AMHFCU and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaAMHFCU’s prior written consent, , (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, , (g) is a Remotely Created Check, as that term is defined in Reg CC, or (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda AMHFCU for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits a Prohibited Check, Member agrees to indemnify and reimburse Nusenda AMHFCU for, and hold Nusenda AMHFCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda AMHFCU may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaAMHFCU’s written consent to do so, Member provides Nusenda AMHFCU with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda AMHFCU for, and hold Nusenda AMHFCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda AMHFCU incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda AMHFCU a security interest in all Accounts or other deposits (whether general or special) of Member’s Member at NusendaAMHFCU, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda AMHFCU under this Agreement. This security interest will survive termination of this Agreement. Nusenda AMHFCU may hold any funds on deposit with Nusenda AMHFCU by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that the term check is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image Image of the check that is transmitted to Nusenda Bank (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Mobile Deposit Service to deposit any check(s) Checks or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyou maintain at another financial institution, (c) are prohibited by NusendaBank’s then current procedures pertaining to the Mobile Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaBank’s prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof Account Agreement (Checks described in clauses (a) through (hg) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaBank’s written consent to do so, Member provides Nusenda you provide Bank with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant Bank a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at Nusendathe Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda Bank under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member hereby agrees that it will only scan capture and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda HFCU (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member further agrees that it will not remotely deposit any check(s) or other item(s) that: (a) are payable to any person or entity other than Member, (b) are drawn, or otherwise issued, by Member or any affiliate of Member on any account of Member or of such affiliate, (c) are prohibited by NusendaHFCU’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows or suspects, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda HFCU and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaHFCU’s prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (g) is a Remotely Created Check, as that term is defined in Reg CC, or (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda HFCU for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits a Prohibited Check, Member agrees to indemnify and reimburse Nusenda HFCU for, and hold Nusenda HFCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda HFCU may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaHFCU’s written consent to do so, Member provides Nusenda HFCU with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda HFCU for, and hold Nusenda HFCU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda HFCU incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda HFCU a security interest in all Accounts or other deposits (whether general or special) of Member’s at NusendaHFCU, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda HFCU under this Agreement. This security interest will survive termination of this Agreement. Nusenda HFCU may hold any funds on deposit with Nusenda HFCU by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the NusendaHFCU. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda HFCU account for exclusive use by the Nusenda HFCU for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda HFCU a security interest in any Settlement Reserve to enable the Nusenda HFCU to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda us (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely deposit any check(s) check or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member you or any affiliate of Member you on any account of Member you or of such affiliate, (c) are prohibited by Nusenda’s our then current procedures pertaining to the Remote Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Nusenda’s our prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, (g) is a Remotely Created Check, as that term is defined in Reg CC, or (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda us for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits a Prohibited Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at Nusendathe Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member You may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusendaus. Member acknowledges You acknowledge and agrees agree that any Settlement Reserve will be deposited in a Nusenda Bank account for exclusive use by the Nusenda us for purposes of offsetting any of Member’s your obligations under this Agreement. Member grants the Nusenda You grant us a security interest in any Settlement Reserve to enable the Nusenda us to enforce any obligation owed by Member you under this Agreement without notice or demand to Memberyou. Member’s Your obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s your obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“"Reg CC”"). Member agrees You agree that the image of the check that is transmitted to Nusenda Bank (each such check and other item a “"Check” " and, if more than one, “"Checks”") shall be deemed an “"item” " within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the MCDS to deposit any check(s) Checks or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member on any account of Member or of such affiliate, (c) are prohibited by NusendaBank’s then current procedures Procedures pertaining to the Service (the “Procedures”) MCDS or are in violation of any law, rule or regulation, (dc) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (ed) have not been previously endorsed by a Nusenda financial institution and are either “"substitute checks” " (as defined in Reg CC or other applicable federal law or regulation) or “"image replacement documents” " that purport to be substitute checks, without NusendaBank’s prior express written consent, (fe) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (gf) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit AgreementTerms and Conditions, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (hf) each a “"Prohibited Check” " and, collectively, “"Prohibited Checks”"). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorneys’ fees) Nusenda Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda a security interest in all Accounts or other deposits (whether general or special) of Member’s at Nusenda, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.first

Checks Deposited and Security Interest. Member hereby agrees You agree that it you will only scan and deposit a check(s) Check as that term is defined in Federal Reserve Board Regulation CC (“Reg "Regulation CC”"). Member agrees You agree that the image of the check Check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) the Credit Union shall be deemed an “item” within the meaning of Article 4 of "Item" as that term is used in the Uniform Commercial Code as in effect in New MexicoCode. Member further agrees You agree that it you will not remotely use Mobile Deposit to deposit a Check or any check(s) or other item(s) Items that: (a) are payable to any person or entity other than Member, an owner of the Account to which the Item is to be deposited; (b) are drawn, or otherwise issued, issued by Member you or any affiliate of Member on any person or entity affiliated with you including another owner or joint account of Member or of such affiliate, holder; (c) are prohibited by Nusenda’s the Credit Union's then current procedures pertaining to ("Procedures") governing the Service (the “Procedures”) use of Mobile Deposit service or your Account are in violation of any law, rule or regulation, ; (d) Member knows you know or suspectssuspect, or should know or suspect, is a forged or fraudulent Item or not otherwise not authorized by the owner of the account on which the Check Item is drawn, ; (e) have not has been previously endorsed by a Nusenda and are either “deposited whether as an original Item, substitute checks” (as defined in Reg CC check or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checksdocument, without Nusenda’s prior the Credit Union's express written consent, ; (f) are drawn on financial institutions that are located outside of the United States or Territories (including the District of the United States, Columbia); (g) is a Remotely Created Check, Check as that term is defined in Reg Regulation CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (ih) which are not acceptable to Nusenda the Credit Union for deposit into a deposit account as provided in an Account at the Deposit Agreement, which is incorporated herein by reference and made a part hereof Credit Union under its then current rules (Checks described in clauses (a) through (h) each a “collectively "Prohibited Check” and, collectively, “Prohibited Checks”"). If Member deposits you deposit a Prohibited CheckCheck into an Account using Mobile Deposit, Member agrees you agree to indemnify and reimburse Nusenda for, and hold Nusenda the Credit Union harmless from and against, against any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda the Credit Union may incur associated with any warranty, indemnity or other claim arising from or related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts funds now or other deposits (whether general or specialin the future held by the Credit Union in your Account(s) of Member’s at Nusenda, and in all funds in such Accounts or other deposits, to secure Member’s obligations to Nusenda under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s your obligations under this Agreement. Member grants You agree that we may place an exception hold of up to 30 calendar days in the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under event you terminate this Agreement without notice to permit the Credit Union to satisfy any chargeback or demand return obligations arising out of or related to Memberthe use of Mobile Deposit by you. Member’s obligation to maintain a Settlement Reserve shall survive the termination We may terminate your Mobile Deposit service at any time, in our sole discretion, if we determine your use of this Agreement, Mobile Deposit is inconsistent with such obligation lasting until all of Member’s obligations under this Agreement have been fully offsetsafe and sound banking practices.

Checks Deposited and Security Interest. Member When using the Mobile Deposit Service, you hereby agrees agree that it you will only scan and deposit a check(s) check as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) ). You agree that the Check Images of the Check that are transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Mobile Deposit Service to deposit any check(s) or other item(s) Checks that: (a) are payable to any person or entity other than Memberthe Deposit Account owner, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyours maintained at another financial institution, (c) are prohibited by Nusenda’s our then current procedures Procedures pertaining to the Mobile Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is are fraudulent or otherwise not authorized by the owner of the account on which the Check is Checks are drawn, (e) have not been previously endorsed by a Nusenda bank (or other institution) and are either “substitute checks” (as defined in Reg Regulation CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Nusenda’s our prior written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories territories of the United States, (g) is a Remotely Created Checkare not payable in US Dollars, as that term is defined in Reg CC, and (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda us for deposit into a deposit account Deposit Account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof Account Documentation (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Deposit Accounts or other deposits (whether general or special) of Member’s yours at NusendaBank, and in all funds in such Deposit Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this AgreementAddendum. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offsetAddendum.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda Bank (each such check and other item a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New Mexico(1990 Official Text). Member You further agrees agree that it you will not remotely use the Mobile Deposit Service to deposit any check(s) Checks or other item(s) items that: (a) are payable to any person or entity other than Memberyou, (b) are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member or of such affiliateyou maintained at another financial institution, (c) are prohibited by NusendaBank’s then current procedures Procedures pertaining to the Mobile Deposit Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows you know or suspectssuspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (e) have not been previously endorsed by a Nusenda financial institution and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without NusendaBank’s prior express written consent, (f) are drawn on financial institutions that are located outside of the United States or Territories of the United States, and (g) is a Remotely Created Check, as that term is defined in Reg CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda Bank for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (hg) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorneys’ fees) Nusenda Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained NusendaBank’s express written consent to do so, Member provides Nusenda you provide Bank with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees you agree to indemnify and reimburse Nusenda Bank for, and hold Nusenda Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant Bank a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at Nusendathe Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda Bank under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.

Checks Deposited and Security Interest. Member You hereby agrees agree that it you will only scan take photos (or “images”) and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg Reg. CC”). Member agrees You agree that the image of the check that is transmitted to Nusenda (each such check and other item a “Check” and, if more than one, “Checks”) us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as in effect in New MexicoCode. Member You further agrees agree that it you will not remotely deposit any check(s) Prohibited Check or other item(s) thatitem. Prohibited Check or items are as follows: (a) are payable to any person  Checks that were previously deposited by Mobile Capture, at First State Bank or entity other than Member, (b) at another financial institution;  Checks are drawn, or otherwise issued, by Member or any affiliate of Member you on any account of Member yours maintained at another financial institution unless you notify and receive permission from us prior to submitting the deposit;  Checks payable jointly, unless deposited into an account in the name of all payees  Credit card convenience check and savings bonds;  Checks that have been altered or of such affiliate, (c) are prohibited by Nusenda’s then current procedures pertaining to the Service (the “Procedures”) or are in violation of any law, rule or regulation, (d) Member knows or suspects, that you do or should know know/suspect to be altered or suspectfraudulent in any way, is fraudulent or otherwise not authorized by the owner of the account on which the Check check is drawn;  Checks that are dated more than six months prior or that have a future date or checks that have exceeded the “Valid” period.  Checks that the written and numerical amounts do not match.  Checks that are not signed by the payee.  Checks that are drawn on financial institutions that are located outside of the United States;  Items that are not paid in United States currency;  Items payable to another person or entity;  Items that are missing processing information (examples: missing or illegible routing numbers or account numbers);  Checks or items previously converted to a substitute check, (e) have not been previously endorsed by a Nusenda and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, as defined in Reg. CC without Nusenda’s our prior written consent, (f) are drawn on financial institutions ;  Rebate checks;  Returned items;  Checks that are located outside of the United States remotely created checks, sight or Territories of the United States, (g) is a Remotely Created Checkpayable through drafts, as that term is defined in Reg by Reg. CC, (h) any single item or combination of items totaling $10,000 or more per business day, or (i) which are not acceptable to Nusenda for deposit into a deposit account as provided in the Deposit Agreement, which is incorporated herein by reference and made a part hereof (Checks described in clauses (a) through (h) each a “Prohibited Check” and, collectively, “Prohibited Checks”). If Member deposits you deposit a Prohibited Check, Member agrees you agree to indemnify and reimburse Nusenda us for, and hold Nusenda us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys attorney’s fees) Nusenda we may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, if, after first having obtained Nusenda’s written consent to do so, Member provides Nusenda with an electronic representation of a substitute check for deposit into an Account instead of an original Check, Member agrees to indemnify and reimburse Nusenda for, and hold Nusenda harmless from and against, any and all losses, costs and expenses (including reasonable attorneys fees) Nusenda incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. Member grants Nusenda You grant us a security interest in all Accounts or other deposits (whether general or special) of Member’s yours at NusendaFirst State Bank, and in all funds in such Accounts or other deposits, to secure Member’s your obligations to Nusenda us under this Agreement. This security interest will survive termination of this Agreement. Nusenda may hold any funds on deposit with Nusenda by Member after termination of this Agreement for up to 14 calendar days following the expiration of any return or chargeback rights regarding any Item processed by Member using the Service or, if later, until any other claims to such funds have expired. Member may be required to maintain a reserve (“Settlement Reserve”) of an amount to be solely determined by the Nusenda. Member acknowledges and agrees that any Settlement Reserve will be deposited in a Nusenda account for exclusive use by the Nusenda for purposes of offsetting any of Member’s obligations under this Agreement. Member grants the Nusenda a security interest in any Settlement Reserve to enable the Nusenda to enforce any obligation owed by Member under this Agreement without notice or demand to Member. Member’s obligation to maintain a Settlement Reserve shall survive the termination of this Agreement, with such obligation lasting until all of Member’s obligations under this Agreement have been fully offset.