Other Agency and Fiduciary Accounts. Any individual acting as a legal guardian, personal representative, trustee, custodian or in some other fiduciary capacity (collectively, “Fiduciary”) must be so designated to the Bank on the Account Agreement form. It will otherwise be assumed that you own the account in an individual capacity. The Bank is authorized to follow the directions of your Fiduciary regarding your account until it receives written notice that the Fiduciary appointment has been terminated and it has had a reasonable time to act upon the notice. The Bank is not liable for the misapplication of funds from your account by your Fiduciary. This Agreement, in conjunction with the terms of any Fiduciary Agreement, Trust Agreement or Affidavit of Trust, court order or other document pursuant to which the account is opened (collectively “Fiduciary Agreement”), when in a form acceptable to the Bank, will govern the account, and the Bank has the right to request documentation as is necessary to open the account. All Fiduciary account owners and beneficiaries agree that the Bank will not be liable if the Fiduciary commits a breach of trust or breach of Fiduciary duty, or fails to comply with the terms of any written Fiduciary Agreement or comply with Applicable Law. The Bank is not responsible for enforcing the terms of any written Fiduciary Agreement or Applicable Law against the Fiduciary and can rely on the genuineness of any document delivered to it, and the truthfulness of any statement made to it by a Fiduciary.
