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. 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 a joint account is owned solely by joint tenants who are 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 all the funds in the account, subject to rights of setoff and security interests in the account. If the 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 other legal representative of 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 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 informed 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 you provide your account 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 you are authorized to create and present payment by an authorized signer on the account on which the check 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 with us, you will remain liable for the amount of the draft or check that is returned to us at any time and for any reason.

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. 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 a joint account is owned solely by joint tenants who are husband and wife residing wiferesiding in Missouri then Missourithen the owners will ownerswill be treated as owning the joint account as tenants by the entiretyowningthejointaccountas tenantsby theentirety. Upon the death Uponthedeath of a tenant atenant by the entirety, the surviving spouse survivingspouse has the right to all righttoall the funds in the inthe account, subject to rights of setoff and security interests in the accountsubjecttorights ofsetoffand securityinterestsintheaccount. If the account Iftheaccount is held by a husband ahusband and wife as “community propertycommunityproperty”, ownership of the account theaccount 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 sharepassestotheestate or other legal representative otherlegalrepresentative of the deceased tenantthedeceasedtenant. “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 ownerautomaticallytothenamedbeneficiarieswhosurvivethelastsurvivingowner. The surviving named beneficiaries are entitled to withdraw funds in the account only if all account owners are deceasedThesurvivingnamedbeneficiariesareentitled towithdrawfundsintheaccount onlyif allaccountownersaredeceased. If there is more than morethan one surviving beneficiarysurvivingbeneficiary, each will receive an eachwillreceivean equal share of the fundsthefunds, unless, where permitted wherepermitted by law, the account documentation indicates otherwise. In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentation. Owners should keep shouldkeep us informed 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 indebtedness of indebtednessof the owner(s) of the account to First Bank has been paid in full. We shall Xxxxxxx be entitled to be reimbursed from the funds in any of your accounts for any costs incurred costsincurred by the Bank, including legal feesincludinglegalfees, as a result of aresultof our paying or refusing to refusingto pay any amounts hereunderamountshereunder, unless such costs are incurred as a result of the Bank’s intentional wrongful unlesssuch costsareincurredas aresultof theBank’sintentionalwrongful refusal to make payments as required under the pay on death designation. Demand Drafts. If you provide your account number to a third party in partyin order to charge tocharge your account by means of one or more demand drafts or remotely created checks, you authorize us to pay such draftssuchdrafts, even though they do not contain your signature and may exceed the amounts you authorized to be charged. A “remotely A“remotely created check” is a check that you are authorized to create and present payment by an authorized signer on the account on which the check 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 tothe payee named on the check. We may discontinue accepting discontinueaccepting demand drafts and remotely created remotelycreated checks at any time, without cause or prior notice. You agree 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 with us, you will remain liable for the amount of the draft or check that is returned to us 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 terms and conditions set forth in this Agreement. Facsimile Signatures. We may 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 withyouraccounts or services. Youauthorize us to pay any itemthatappearsto bear yourauthorizedfacsimilesignature, 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 the unlawful or unauthorizeduse or copying of facsimilesignatures(whether affixedmanually, by 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 that reason, it may not be appropriate to use these methods of Financial Statement. You agree to provide us with a current financial statement upon request.

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. You agree that we 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 your account ownership records indicate that the account is held as a joint account is owned solely by joint tenants who are husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety. Upon account, upon the death of a tenant by the entiretyany owner, the deceased owner’s share passes automatically to the surviving spouse has 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 to all the funds in the account, subject to rights of setoff and security interests in the accountsurvivorship 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 applicable community property law and may be affected by a will. If the Upon death of all account is held as “tenants in common”owners, a deceased owner’s share passes to the estate or other legal representative of the deceased tenant. “Pay On Death” and informal Xxxxxx Trust (“in trust accounts established for one owner pass to the named beneficiaries who survive the owner. “Pay on Death” accounts established for joint for”) accounts pass to the surviving owner(s), if any, then automatically (and in equal shares unless otherwise indicated in our records) 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 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 informed 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 Banc of California, National Association, is a member of the designated beneficiary of Federal Deposit Insurance Corporation (“FDIC”). Your accounts with us are insured to 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 regulatory limits by the Bank, including legal fees, as a result FDIC. For further information regarding insurance 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 you provide your account number to a third party in order to charge your account by means of one or more demand drafts or remotely created checksaccounts, 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 you are authorized to create and present payment by an authorized signer on the account on which the check 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 write to the payee named on FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the checkFDIC’s toll-free consumer hotline at 000-000-0000, or visit its website at www. 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 with us, you will remain liable for the amount of the draft or check that is returned to us at any time and for any reasonxxxx.xxx.

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. 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 a joint account is owned solely by joint tenants who are husband and wife residing wiferesiding in Missouri then Missourithen the owners will ownerswill be treated as owning the joint account as tenants by the entiretyowningthejointaccountas tenantsby theentirety. Upon the death Uponthedeath of a tenant atenant by the entirety, the surviving spouse survivingspouse has the right to all righttoall the funds in the inthe account, subject to rights of setoff and security interests in the accountsubjecttorightsofsetoffand securityinterestsintheaccount. If the account Iftheaccount is held by a husband ahusband and wife as “community propertycommunityproperty”, ownership of the account theaccount 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 sharepassestotheestate or other legal representative otherlegalrepresentative of the deceased tenantthedeceasedtenant. “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 ownerautomaticallytothenamedbeneficiarieswhosurvivethelastsurvivingowner. The surviving named beneficiaries are entitled to withdraw funds in the account only if all account owners are deceasedThesurvivingnamedbeneficiariesareentitled towithdrawfundsintheaccount onlyif allaccountownersaredeceased. If there is more than morethan one surviving beneficiarysurvivingbeneficiary, each will receive an eachwillreceivean equal share of the fundsthefunds, unless, where permitted wherepermitted by law, the account documentation indicates otherwise. In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentation. Owners should keep shouldkeep us informed 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 indebtedness of indebtednessof the owner(s) of the account to First Bank has been paid in full. We shall Xxxxxxx be entitled to be reimbursed from the funds in any of your accounts for any costs incurred costsincurred by the Bank, including legal feesincludinglegalfees, as a result of aresultof our paying or refusing to refusingto pay any amounts hereunderamountshereunder, unless such costs are incurred as a result of the Bank’s intentional wrongful unlesssuch costsareincurredas aresultof theBank’sintentionalwrongful refusal to make payments as required under the pay on death designation. Demand Drafts. If you provide your account number to a third party in partyin order to charge tocharge your account by means of one or more demand drafts or remotely created checks, you authorize us to pay such draftssuchdrafts, even though they do not contain your signature and may exceed the amounts you authorized to be charged. A “remotely A“remotely created check” is a check that you are authorized to create and present payment by an authorized signer on the account on which the check 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 tothe payee named on the check. We may discontinue accepting discontinueaccepting demand drafts and remotely created remotelycreated checks at any time, without cause or prior notice. You agree 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 with us, you will remain liable for the amount of the draft or check that is returned to us 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 terms and conditions set forth in this Agreement. Facsimile Signatures. We may 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, 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 the unlawful or unauthorizeduse or copying of facsimilesignatures(whether affixedmanually, by 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 that reason, it may not be appropriate to use these methods of Financial Statement. You agree to provide us with a current financial statement upon request.

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. You agree that we 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 your account ownership records indicate that the account is held as a joint account is owned solely by joint tenants who are husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety. Upon account, upon the death of a tenant by the entiretyany owner, the deceased owner’s share passes automatically to the surviving spouse has 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 to all the funds in the account, subject to rights of setoff and security interests in the accountsurvivorship 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 applicable community property law and may be affected by a will. If the Upon death of all account is held as “tenants in common”owners, a deceased owner’s share passes to the estate or other legal representative of the deceased tenant. “Pay On Death” and informal Xxxxxx Trust (“in trust accounts established for one owner pass to the named beneficiaries who survive the owner. “Pay on Death” accounts established for joint for”) accounts pass to the surviving owner(s), if any, then automatically (and in equal shares unless otherwise indicated in our records) 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 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 informed 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 Banc of California is a member of the designated beneficiary of Federal Deposit Insurance Corporation (“FDIC”). Your accounts with us are insured to 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 regulatory limits by the Bank, including legal fees, as a result FDIC. For further information regarding insurance 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 you provide your account number to a third party in order to charge your account by means of one or more demand drafts or remotely created checksaccounts, 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 you are authorized to create and present payment by an authorized signer on the account on which the check 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 write to the payee named on FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the checkFDIC’s toll- free consumer hotline at 000-000-0000, or visit its website at www. 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 with us, you will remain liable for the amount of the draft or check that is returned to us at any time and for any reasonxxxx.xxx.

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 accountaccount . 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 a joint account is owned solely by joint tenants who are husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entiretyentirety . Upon the death of a tenant by the entirety, the surviving spouse has the right to all the funds in the account, subject to rights of setoff and security interests in the accountaccount . If the 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 willwill . 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 tenanttenant . “Pay On Death” and informal trust accounts established for one owner pass to the named beneficiaries who survive the ownerowner . “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 ownerowner . The surviving named beneficiaries are entitled to withdraw funds in the account only if all account owners are deceaseddeceased . If there is more than one surviving beneficiary, each will receive an equal share of the funds, unless, where permitted by law, the account documentation indicates otherwiseotherwise . In all states, the owner(s) may change beneficiaries during their lifetimes by updating our account documentationdocumentation . Owners should keep us informed about each beneficiary’s addressaddress . 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 accountaccount . 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 fullfull . 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 designationdesignation . Demand Drafts. If you provide your account 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 chargedcharged . A “remotely created check” is a check that you are authorized to create and present payment by an authorized signer on the account on which the check 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 federal laws as “remotely created checkschecks .” This provision shall not obligate us to honor demand drafts or remotely created checkschecks . We may refuse to honor demand drafts or remotely created checks without cause or prior notice, even if we have honored similar items previouslypreviously . We are not under any obligation to verify whether the name and account number shown on a demand draft are consistentconsistent . 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 checkcheck . We may discontinue accepting demand drafts and remotely created checks at any time, without cause or prior noticenotice . 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 sectionsection . 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 drawndrawn . If you deposit demand drafts or remotely created checks to an account with us, you will remain liable for the amount of the draft or check that is returned to us 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 actual or facsimile signature(s) (without regard to variation in color or size) that any of you 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 not required to, act upon instructions received by fax transmission, voice mail or e-mail . We may not review your message until the banking day after its receipt . For that reason, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information . Financial Statement. You agree to provide us with a current financial statement upon request .

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 accountaccount . You agree that we 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 your account ownership records indicate that the account is held as a joint account is owned solely by joint tenants who are husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety. Upon account, upon the death of a tenant by the entiretyany owner, the deceased owner’s share passes automatically to the surviving spouse has 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 to all the funds in the account, subject to rights of setoff and security interests in the accountsurvivorship 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 applicable community property law and communitypropertylawand may be affected by a will. If the Upondeath of all account is held as “tenants in common”owners, a deceased owner’s share passes to the estate or other legal representative of the deceased tenant. “Pay On Death” and informal Xxxxxx Trust (“in trust accounts established for one owner pass to the named beneficiaries who survive the owner. “Pay on Death” accounts established for joint for”) accounts pass to the surviving owner(s), if any, then automatically (and in equal shares unless otherwise indicated in our records) 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 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 informed about each beneficiary’s addressowner . 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 Banc of California, National Association, is a member of the designated beneficiary of Federal Deposit Insurance Corporation (“FDIC”). Your accounts with us are insured to 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 regulatory limits by the Bank, including legal fees, as a result FDIC . For further information regarding insurance 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 you provide your account number to a third party in order to charge your account by means of one or more demand drafts or remotely created checksaccounts, 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 you are authorized to create and present payment by an authorized signer on the account on which the check 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 write to the payee named on FDIC at 000 00xx Xxxxxx, X .X., Xxxxxxxxxx, X.X. 00000, telephone the check. We may discontinue accepting demand drafts and remotely created checks FDIC’s toll-free consumer hotline at any time000-000-0000, 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 with us, you will remain liable for the amount of the draft or check that is returned to us visit its website at any time and for any reasonwww .fdic .gov.

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. You agree that we 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 your account ownership records indicate that the account is held as a joint account is owned solely by joint tenants who are husband and wife residing in Missouri then the owners will be treated as owning the joint account as tenants by the entirety. Upon account, upon the death of a tenant by the entiretyany owner, the deceased owner’s share passes automatically to the surviving spouse has 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 to all the funds in the account, subject to rights of setoff and security interests in the accountsurvivorship 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 applicable community property law and may be affected by a will. If the Upon death of all account is held as “tenants in common”owners, a deceased owner’s share passes to the estate or other legal representative of the deceased tenant. “Pay On Death” and informal Xxxxxx Trust (“in trust accounts established for one owner pass to the named beneficiaries who survive the owner. “Pay on Death” accounts established for joint for”) accounts pass to the surviving owner(s), if any, then automatically (and in equal shares unless otherwise indicated in our records) 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 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 informed 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 Banc of California, National Association, is a member of the designated beneficiary of Federal Deposit Insurance Corporation (“FDIC”). Your accounts with us are insured to 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 regulatory limits by the Bank, including legal fees, as a result FDIC. For further information regarding insurance 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 you provide your account number to a third party in order to charge your account by means of one or more demand drafts or remotely created checksaccounts, 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 you are authorized to create and present payment by an authorized signer on the account on which the check 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 write to the payee named on FDIC at 000 00xx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, telephone the check. We may discontinue accepting demand drafts and remotely created checks FDIC’s toll-free consumer hotline at any time000-000-0000, 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 with us, you will remain liable for the amount of the draft or check that is returned to us visit its website at any time and for any reasonxxx.xxxx.xxx.