Common use of Death or Adjudication of Incompetence Clause in Contracts

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from the account following the death or incompetence of any owner, the other owners agree to reimburse us for the amount. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that is not presented for payment until after such owner’s death, we are authorized to pay the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxx.

Appears in 2 contracts

Samples: Account Agreement, Deposit Account Agreement

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Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your account. We You agree that we may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we a joint account is owned solely by joint tenants who are obligated husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety. Upon the death of a tenant by the entirety, the surviving spouse has the right to return all the funds removed from in the account, subject to rights of setoff and security interests in the account. If the account following is held by a husband and wife as “community property”, ownership of the death account will be determined by applicable community property law and may be affected by a will. If the account is held as “tenants in common”, a deceased owner’s share passes to the estate or incompetence other legal representative of any the deceased tenant. “Pay On Death” and informal trust accounts established for one owner pass to the named beneficiaries who survive the owner. “Pay on Death” accounts established for joint accounts pass to the surviving owner(s), if any, then automatically to the named beneficiaries who survive the last surviving owner. The surviving named beneficiaries are entitled to withdraw funds in the account only if all account owners are deceased. If there is more than one surviving beneficiary, each will receive an equal share of the funds, unless, where permitted by law, the other owners agree to reimburse account documentation indicates otherwise. In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentation. Owners should keep us for the amountinformed about each beneficiary’s address. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. The rights of the designated beneficiary of the account are subordinate to any rights of First Bank or any other creditor to whom such account has been pledged or who may otherwise have a lien interest or right of setoff in such account. No amounts will be payable to any designated beneficiary until any indebtedness of the owner(s) of the account to First Bank has been paid in full. We shall be entitled to be reimbursed from the funds in any of your accounts for any costs incurred by the Bank, including legal fees, as a result of our paying or refusing to pay any amounts hereunder, unless such costs are incurred as a result of the Bank’s intentional wrongful refusal to make payments as required under the pay on death designation. Demand Drafts. If an you provide your account owner authorizes an item number to a third party in order to charge your account by means of one or more demand drafts or remotely created checks, you authorize us to pay such drafts, even though they do not contain your signature and may exceed the amounts you authorized to be charged. A “remotely created check” is a check that is not presented for payment until after such owner’s death, we you are authorized to pay create and present payment by an authorized signer on the item after account on which the owner’s deathcheck is drawn and which does not bear the signature of an authorized signer on that account and includes checks that are defined under state and Federal laws as “remotely created checks.” This provision shall not obligate us to honor demand drafts or remotely created checks. We may refuse to honor demand drafts or remotely created checks without cause or prior notice, even if we have honored similar items previously. We are not under any obligation to verify whether the name and account number shown on a demand draft are consistent. If you deposit a remotely created check you represent, warrant and guarantee to us that the check is authorized to be paid in the amount stated on the check and to the payee named on the check. We may discontinue accepting demand drafts and remotely created checks at any time, without cause or prior notice. You agree to indemnify us for any loss that we may incur directly or indirectly from your deposit of a remotely created check in violation of the terms set forth in this section. You further agree that all of the terms in this Agreement and under applicable laws that apply to remotely created checks, including without limitation substitute checks created from remotely created checks and check images of remotely created checks, except that remotely created checks will not be signed by an authorized signer on the account on which the check is drawn. If you deposit demand drafts or remotely created checks to an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accountsus, you may write will remain liable for the amount of the draft or check that is returned to the FDIC us at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxxany time and for any reason.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your accountaccount . We may disregard require additional documentation, including but not limited to a court order, prior to acting on any notice of incompetence unless it, we may continue to honor items drawn on your account by the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the accountauthorized signer(s) . We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from your account ownership records indicate that the account following is held as a joint account, upon the death or incompetence of any owner, the other owners agree deceased owner’s share passes automatically to reimburse us for the amountsurviving owner(s) unless there is clear and convincing evidence of a different intent on the signature card . We typically refer to such accounts as joint accounts with right of survivorship or joint tenancy . If the account is held by a husband and wife or by registered domestic partners as “community property,” ownership of the account will be determined by communitypropertylawand may be affected by a will. Upondeath of all account owners, “Pay On Death” and Xxxxxx Trust (“in trust for”) accounts pass automatically (and in equal shares unless otherwise indicated in our records) to the named beneficiaries who survive the last surviving owner . If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the fundsfunds . If an account owner authorizes an item that Deposit Insurance Banc of California, National Association, is not presented for payment until after such owner’s death, we are authorized to pay a member of the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust Federal Deposit Insurance Corporation (“In trust forFDIC) account has rights to the account. Deposit Insurance). Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”)FDIC . For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X.X .X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll toll-free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxxwww .fdic .gov.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from the account following the death or incompetence of any owner, the other owners agree to reimburse us for the amount. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that is not presented for payment until after such owner’s death, we are authorized to pay the item after the owner’s death. If an account owner xxxx owes us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your accountaccount . We You agree that we may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the accountaccount . We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g.e .g ., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetentincompetent . If we a joint account is owned solely by joint tenants who are obligated husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety . Upon the death of a tenant by the entirety, the surviving spouse has the right to return all the funds removed from in the account, subject to rights of setoff and security interests in the account following . If the death account is held by a husband and wife as “community property”, ownership of the account will be determined by applicable community property law and may be affected by a will . If the account is held as “tenants in common”, a deceased owner’s share passes to the estate or incompetence other legal representative of any ownerthe deceased tenant . “Pay On Death” and informal trust accounts established for one owner pass to the named beneficiaries who survive the owner . “Pay on Death” accounts established for joint accounts pass to the surviving owner(s), if any, then automatically to the named beneficiaries who survive the last surviving owner . The surviving named beneficiaries are entitled to withdraw funds in the account only if all account owners are deceased . If there is more than one surviving beneficiary, each will receive an equal share of the funds, unless, where permitted by law, the other owners agree to reimburse account documentation indicates otherwise . In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentation . Owners should keep us for the amountinformed about each beneficiary’s address . If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the fundsfunds . The rights of the designated beneficiary of the account are subordinate to any rights of First Bank or any other creditor to whom such account has been pledged or who may otherwise have a lien interest or right of setoff in such account . No amounts will be payable to any designated beneficiary until any indebtedness of the owner(s) of the account to First Bank has been paid in full . We shall be entitled to be reimbursed from the funds in any of your accounts for any costs incurred by the Bank, including legal fees, as a result of our paying or refusing to pay any amounts hereunder, unless such costs are incurred as a result of the Bank’s intentional wrongful refusal to make payments as required under the pay on death designation . Demand Drafts. If an you provide your account owner authorizes an item number to a third party in order to charge your account by means of one or more demand drafts or remotely created checks, you authorize us to pay such drafts, even though they do not contain your signature and may exceed the amounts you authorized to be charged . A “remotely created check” is a check that is not presented for payment until after such owner’s death, we you are authorized to pay create and present payment by an authorized signer on the item after account on which the owner’s deathcheck is drawn and which does not bear the signature of an authorized signer on that account and includes checks that are defined under state and federal laws as “remotely created checks .” This provision shall not obligate us to honor demand drafts or remotely created checks . We may refuse to honor demand drafts or remotely created checks without cause or prior notice, even if we have honored similar items previously . We are not under any obligation to verify whether the name and account number shown on a demand draft are consistent . If you deposit a remotely created check you represent, warrant and guarantee to us that the check is authorized to be paid in the amount stated on the check and to the payee named on the check . We may discontinue accepting demand drafts and remotely created checks at any time, without cause or prior notice . You agree to indemnify us for any loss that we may incur directly or indirectly from your deposit of a remotely created check in violation of the terms set forth in this section . You further agree that all of the terms in this Agreement and under applicable laws that apply to remotely created checks, including without limitation substitute checks created from remotely created checks and check images of remotely created checks, except that remotely created checks will not be signed by an authorized signer on the account on which the check is drawn . If you deposit demand drafts or remotely created checks to an account owner xxxx with us, you will remain liable for the amount of the draft or check that is returned to us a debt at any time and for any reason . Facsimile Signatures. We may refuse to accept or may pay items bearing facsimile signatures . You agree to assume full responsibility for any and all payments made by us in reliance upon signatures that resemble the time actual or facsimile signature(s) (without regard to variation in color or size) that any of their deathyou provide to us in connection with your accounts or services . You authorize us to pay any item that appears to bear your authorized facsimile signature, without further inquiry . You agree to indemnify, defend and hold us harmless from any and all actions, claims, losses, damages, liabilities and expenses (including attorney’s fees) arising directly or indirectly from the misuse or the unlawful or unauthorized use or copying of facsimile signatures (whether affixed manually, by stamp, mechanically, electronically or otherwise) . Fax Instructions/Voice Mail/E-Mail. Subject to applicable laws, we may, but are authorized to exercise our right of setoff not required to, act upon instructions received by fax transmission, voice mail or security interest rights against the account after such owner’s deathe-mail . We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust (“In trust for”) account has rights to may not review your message until the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”)banking day after its receipt . For further that reason, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information regarding insurance of accounts, you may write . Financial Statement. You agree to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxxprovide us with a current financial statement upon request .

Appears in 1 contract

Samples: www.firstbanks.com

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceasedde- ceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from the account following the death or incompetence of any owner, the other owners agree to reimburse us for the amount. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that is not presented for payment until after such owner’s death, we are authorized to pay the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary bene- ficiary of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard require additional documentation, including but not limited to a court order, prior to acting on any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and death or incompetence. Until we receive written such notice in writing, and instructions from have a reasonable opportunity to act on it, we may continue to honor items drawn on your account by the court regarding the accountauthorized signer(s). We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from your account ownership records indicate that the account following is held as a joint account, upon the death or incompetence of any owner, the other owners agree deceased owner’s share passes automatically to reimburse us for the amountsurviving owner(s) unless there is clear and convincing evidence of a different intent on the signature card. We typically refer to such accounts as joint accounts with right of survivorship or joint tenancy. If the account is held by a husband and wife or by registered domestic partners as “community property,” ownership of the account will be determined by community property law and may be affected by a will. Upon death of all account owners, “Pay On Death” and Xxxxxx Trust (“in trust for”) accounts pass automatically (and in equal shares unless otherwise indicated in our records) to the named beneficiaries who survive the last surviving owner. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that Deposit Insurance Banc of California is not presented for payment until after such owner’s death, we are authorized to pay a member of the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust Federal Deposit Insurance Corporation (“In trust forFDIC) account has rights to the account. Deposit Insurance). Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll toll- free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxxwww. xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard require additional documentation, including but not limited to a court order, prior to acting on any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and death or incompetence. Until we receive written such notice in writing, and instructions from have a reasonable opportunity to act on it, we may continue to honor items drawn on your account by the court regarding the accountauthorized signer(s). We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from your account ownership records indicate that the account following is held as a joint account, upon the death or incompetence of any owner, the other owners agree deceased owner’s share passes automatically to reimburse us for the amountsurviving owner(s) unless there is clear and convincing evidence of a different intent on the signature card. We typically refer to such accounts as joint accounts with right of survivorship or joint tenancy. If the account is held by a husband and wife or by registered domestic partners as “community property,” ownership of the account will be determined by community property law and may be affected by a will. Upon death of all account owners, “Pay On Death” and Xxxxxx Trust (“in trust for”) accounts pass automatically (and in equal shares unless otherwise indicated in our records) to the named beneficiaries who survive the last surviving owner. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that Deposit Insurance Banc of California, National Association, is not presented for payment until after such owner’s death, we are authorized to pay a member of the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust Federal Deposit Insurance Corporation (“In trust forFDIC) account has rights to the account. Deposit Insurance). Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll toll-free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxxwww. xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

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Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard require additional documentation, including but not limited to a court order, prior to acting on any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and incompetence. Until we receive written such notice in writing, and instructions from have a reasonable opportunity to act on it, we may continue to honor items drawn on your account by the court regarding the accountauthorized signer(s). We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from your account ownership records indicate that the account following is held as a joint account, upon the death or incompetence of any owner, the other owners agree deceased owner’s share passes automatically to reimburse us for the amountsurviving owner(s) unless there is clear and convincing evidence of a different intent on the signature card. We typically refer to such accounts as joint accounts with right of survivorship or joint tenancy. If the account is held by a husband and wife or by registered domestic partners as “community property,” ownership of the account will be determined by community property law and may be affected by a will. Upon death of all account owners, “Pay On Death” and Xxxxxx Trust (“in trust for”) accounts pass automatically (and in equal shares unless otherwise indicated in our records) to the named beneficiaries who survive the last surviving owner. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that Deposit Insurance Banc of California, National Association, is not presented for payment until after such owner’s death, we are authorized to pay a member of the item after the owner’s death. If an account owner xxxx us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust Federal Deposit Insurance Corporation (“In trust forFDIC) account has rights to the account. Deposit Insurance). Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll toll-free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court court-declared incompetence of any owner, authorized signer or designated beneficiary on your account. We You agree that we may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we a joint account is owned solely by joint tenants who are obligated to return husband and wiferesiding in Missourithen the ownerswill be treated as owningthejointaccountas tenantsby theentirety. Uponthedeath of atenant by the entirety, the survivingspouse has the righttoall the funds removed from inthe account, subjecttorightsofsetoffand securityinterestsintheaccount. Iftheaccount is held by ahusband and wife as “communityproperty”, ownership of theaccount will be determined by applicable community property law and may be affected by a will. If the account following is held as “tenants in common”, a deceased owner’s sharepassestotheestate or otherlegalrepresentative of thedeceasedtenant. “Pay On Death” and informal trust accounts established for one owner pass to the death or incompetence named beneficiaries who survive the owner. “Pay on Death” accounts established for joint accounts pass to the surviving owner(s), if any, then automaticallytothenamedbeneficiarieswhosurvivethelastsurvivingowner. Thesurvivingnamedbeneficiariesareentitled towithdrawfundsintheaccount onlyif allaccountownersaredeceased. If there is morethan one survivingbeneficiary, eachwillreceivean equal share of any ownerthefunds, unless, wherepermitted by law, the other owners agree to reimburse account documentation indicates otherwise. In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentation. Owners shouldkeep us for the amountinformed about each beneficiary’s address. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right person’sright to the funds. The rights of the designated beneficiary of the account are subordinate to any rights of First Bank or any other creditor to whom such account has been pledged or who may otherwise have a lien interest or right of setoff in such account. No amounts will be payable to any designated beneficiary until any indebtednessof the owner(s) of the account to First Bank has been paid in full. Xxxxxxx be entitled to be reimbursed from the funds in any of your accounts for any costsincurred by the Bank, includinglegalfees, as aresultof our paying or refusingto pay any amountshereunder, unlesssuch costsareincurredas aresultof theBank’sintentionalwrongful refusal to make payments as required under the pay on death designation. Demand Drafts. If an you provide your account owner authorizes an item number to a third partyin order tocharge your account by means of one or more demand drafts or remotely created checks, you authorize us to pay suchdrafts, even though they do not contain your signature and may exceed the amounts you authorized to be charged. A“remotely created check” is a check that is not presented for payment until after such owner’s death, we you are authorized to pay create and present payment by an authorized signer on the item after account on which the owner’s deathcheck is drawn and which does not bear the signature of an authorized signer on that account and includes checks that are defined under state and Federal laws as “remotely created checks.” This provision shall not obligate us to honor demand drafts or remotely created checks. We may refuse to honor demand drafts or remotely created checks without cause or prior notice, even if we have honored similar items previously. We are not under any obligation to verify whether the name and account number shown on a demand draft are consistent. If you deposit a remotely created check you represent, warrant and guarantee to us that the check is authorized to be paid in the amount stated on the check and tothe payee named on the check. We may discontinueaccepting demand drafts and remotelycreated checks at any time, without cause or prior notice. Youagree to indemnify us for any loss that we may incur directly or indirectly from your deposit of a remotely created check in violation of the terms set forth in this section. You further agree that all of the terms in this Agreement and under applicable laws that apply to remotely created checks, including without limitation substitute checks created from remotely created checks and check images of remotely created checks, except that remotely created checks will not be signed by an authorized signer on the account on which the check is drawn. If you deposit demand drafts or remotely created checks to an account owner xxxx with us, you will remain liable for the amount of the draft or check that is returned to us a debt at any time and for any reason. Entire Agreement. This Agreementconstitutesthe entireagreementbetween you and us withrespecttothe account(s) for whichthis Agreement has been provided, and supersedesall priorwritten or oraldiscussions, negotiations, representations, warranties and agreements, including any andall priordeposit accountagreements with respect to such account(s). Additional and/or specific rules, regulations, disclosures, and/or agreements may be applicable to certain or particular accounts or specializedaccountprogramsand/orto bankservices linkedto an account. Youagreethattheterms and conditionssetforth in suchrules, regulations, disclosures, and other agreements continue in effect and are intended to be in addition to and not as substitution for the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s deathterms and conditions set forth in this Agreement. Facsimile Signatures. We can exercise these rights even if a surviving joint ownermay refuse to accept or may pay items bearing facsimile signatures. You agree to assume full responsibility for any and all paymentsmade by us inrelianceuponsignaturesthatresembletheactual or facsimilesignature(s)(withoutregardtovariationincolor or size) thatany of you provideto us inconnection withyouraccountsorservices. Youauthorize us to pay any itemthatappearsto bear yourauthorizedfacsimilesignature, Pay-On-Death beneficiary without further inquiry. Youagree to indemnify, defend and hold us harmless from any and all actions, claims, losses, damages, liabilities and expenses (including attorney’sfees) arisingdirectlyor indirectlyfromthe misuse or a beneficiary the unlawful or unauthorizeduse or copying of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set facsimilesignatures(whether affixedmanually, by the Federal Deposit Insurance Corporation (the “FDIC”stamp, mechanically, electronically or otherwise). FaxInstructions/VoiceMail/E-Mail. Subjecttoapplicablelaws,wemay,butarenotrequiredto,actuponinstructionsreceivedbyfaxtransmission,voicemail or e-mail. We may not review your message until the banking day after its receipt. For further information regarding insurance that reason, it may not be appropriate to use these methods of accounts, communicationif you may write need to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 0reach us with time-000-000-0000, or visit its website at xxx.xxxx.xxxsensitive information. Financial Statement. You agree to provide us with a current financial statement upon request.

Appears in 1 contract

Samples: Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. If an owner authorizes an item that is not presented for payment until after that owner dies, we may pay the item after the owner's death. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from the account following the death or incompetence of any owner, the other owners agree to reimburse us for the amount. If your account ownership records indicate that the account is held in "joint tenancy," upon the death of any owner, the deceased owner's share passes automatically to the surviving owner(s) unless there is clear and convincing evidence of a different intent on the signature card. If the account is held as "tenants in common," a deceased owner's share passes to the estate or other legal representative of the deceased tenant. If the account is held by a husband and wife or by registered domestic partners as "community property," ownership of the account will be determined by community property law and may be affected by a will. "Pay On Death" and Xxxxxx Trust ("In trust for") accounts pass automatically (and in equal shares) to the named beneficiaries who survive the last surviving owner. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s 's right to the funds. If an account owner authorizes an item that is not presented for payment until after such owner’s death, we are authorized to pay the item after the owner’s death. If an account owner xxxx us a debt at the time of their his or her death, we are authorized to may exercise our right of setoff set off or security interest rights against the account after such the owner’s 's death. We can exercise these rights , even if a surviving joint owner, Pay-On-Death beneficiary a "Pay On Death" payee, or a beneficiary of a Xxxxxx Trust (“"In trust for”) " account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s 's toll free consumer hotline at 0-000-000-0000, or visit its website at xxx.xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Adjudication of Incompetence. You agree to notify us immediately of the death or court declared incompetence of any owner, authorized signer or designated beneficiary on your account. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an owner dies or is adjudicated incompetent. If we are obligated to return funds removed from the account following the death or incompetence of any owner, the other owners agree to reimburse us for the amount. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an owner, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds. If an account owner authorizes an item that is not presented for payment until after such owner’s death, we are authorized to pay the item after the owner’s death. If an account owner xxxx owes us a debt at the time of their death, we are authorized to exercise our right of setoff or security interest rights against the account after such owner’s death. We can exercise these rights even if a surviving joint owner, Pay-On-Death beneficiary or a beneficiary of a Xxxxxx Trust (“In trust for”) account has rights to the account. Deposit Insurance. Your accounts with us are insured to the regulatory limits set by the Federal Deposit Insurance Corporation (the “FDIC”). For further information regarding insurance of accounts, you may write to the FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the FDIC’s toll free consumer hotline at 01-000877-000275-00003342, or visit its website at xxx.xxxx.xxx.

Appears in 1 contract

Samples: Deposit Account Agreement

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