Common use of Monitoring and Recording Telephone Calls Clause in Contracts

Monitoring and Recording Telephone Calls. We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we CHECKING ACCOUNTS SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. You must allow us a reasonable opportunity to act on a stop payment request before we take any other action on the instrument. Any stop order must include your account number, the number and date of the check, the name of the payee, and the exact amount. All information you give us must be correct and accurate. You will receive a notice on your account asking you to verify the accuracy of this stop payment information. If we do not hear from you, we assume the information is correct and we will keep the stop payment in effect until its expiration. We will not be responsible if the payment cannot be stopped because information on the form is not correct and you fail to notify us or fail to give any other reasonable information regarding the item. Requests to remove a stop payment from your account must be confirmed in writing. You acknowledge that you have no right to stop payment on a cashier's check, official check, teller's check or other check that is not drawn on your account. PAYMENT ORDER OF ITEMS - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items. Generally our policy is to process withdrawals first, by dollar amount - smallest to largest on the day they are processed. We process POS transactions second, by dollar amount - smallest to largest on the day they are processed. We process ATM transactions third, by dollar amount - smallest to largest on the day they are processed. We process online transfer withdrawals fourth, by dollar amount - smallest to largest on the day they are processed. We process checks you have written fifth, according to the serial number order on the day they are processed. We process ACH transactions sixth, by dollar amount - smallest to largest on the day they are processed. If a check, item or transaction (other than an ATM or everyday debit card transaction) is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item for insufficient funds (NSF). Occasionally, these items may not be posted in the order described above, which may affect the number of items overdrawn or returned unpaid and the amount of fees you may have to pay. The amounts of the overdraft and NSF fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and everyday debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders.

Monitoring and Recording Telephone Calls. We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we CHECKING ACCOUNTS SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. You must allow us a reasonable opportunity to act on a stop payment request before we take any other action on the instrument. Any stop order must include your account number, the number and date of the check, the name of the payee, and the exact amount. All information you give us must be correct and accurate. You will receive a notice on your account asking you to verify the accuracy of this stop payment information. If we do not hear from you, we assume the information is correct and we will keep the stop payment in effect until its expiration. We will not be responsible if the payment cannot be stopped because information on the form is not correct and you fail to notify us or fail to give any other reasonable information regarding the item. Requests to remove a stop payment from your account must be confirmed in writing. You acknowledge that you have no right to stop payment on a cashier's ’s check, official check, teller's ’s check or other check that is not drawn on your account. PAYMENT ORDER OF ITEMS - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items. Generally our policy is to process withdrawals first, by dollar amount - smallest to largest on the day they are processed. We process POS transactions second, by dollar amount - smallest to largest on the day they are processed. We process ATM transactions third, by dollar amount - smallest to largest on the day they are processed. We process online transfer withdrawals fourth, by dollar amount - smallest to largest on the day they are processed. We process checks you have written fifth, according to the serial number order on the day they are processed. We process ACH transactions sixth, by dollar amount - smallest to largest on the day they are processed. If a check, item or transaction (other than an ATM or everyday debit card transaction) is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item for insufficient funds (NSF). Occasionally, these items may not be posted in the order described above, which may affect the number of items overdrawn or returned unpaid and the amount of fees you may have to pay. The amounts of the overdraft and NSF fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and everyday debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders.

Monitoring and Recording Telephone Calls. We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversationconversation . TELEPHONIC INSTRUCTIONS CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction , and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have agreed otherwise acted in writingbad faith, we are will not required be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you. You agree that you will not waive any rights you have to act upon instructions recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you give for your loss. You will pursue your rights or, at our option, assign them to us via facsimile transmission or leave so that we may pursue them. Our liability will be reduced by voice mail or on a telephone answering machine. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account you recover or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy are entitled to recover the amount of our liabilityfrom these other sources. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t n't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS RESOLVING ACCOUNT DISPUTES - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit may place an administrative hold on the funds in your account (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless refuse payment or withdrawal of the form funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of endorsement your account; or lack (3) a claim arising by operation of endorsement on law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the item and even though we provide you provisional credit for merits of the item. We may reverse any provisional credit for items that are lost, stolen, claim or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers receive evidence satisfactory to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we CHECKING ACCOUNTS SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify us that the item dispute has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. You must allow us a reasonable opportunity to act on a stop payment request before we take any other action on the instrument. Any stop order must include your account number, the number and date of the check, the name of the payee, and the exact amount. All information you give us must be correct and accurate. You will receive a notice on your account asking you to verify the accuracy of this stop payment information. If we do not hear from you, we assume the information is correct and we will keep the stop payment in effect until its expirationresolved. We will not be responsible if the payment cannot be stopped because information on the form is not correct and you fail to notify us or fail to give liable for any other reasonable information regarding the item. Requests to remove a stop payment from your account must be confirmed in writing. You acknowledge that you have no right to stop payment on a cashier's check, official check, teller's check or other check that is not drawn on your account. PAYMENT ORDER OF ITEMS - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number dishonored as a consequence of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items. Generally our policy is to process withdrawals first, by dollar amount - smallest to largest placing a hold on the day they are processed. We process POS transactions second, by dollar amount - smallest to largest on the day they are processed. We process ATM transactions third, by dollar amount - smallest to largest on the day they are processed. We process online transfer withdrawals fourth, by dollar amount - smallest to largest on the day they are processed. We process checks you have written fifth, according to the serial number order on the day they are processed. We process ACH transactions sixth, by dollar amount - smallest to largest on the day they are processed. If a check, item or transaction (other than an ATM or everyday debit card transaction) is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item for insufficient funds (NSF). Occasionally, these items may not be posted in the order described above, which may affect the number of items overdrawn or returned unpaid and the amount of fees you may have to pay. The amounts of the overdraft and NSF fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and everyday debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holdersreasons.