AGREEMENT — This, document, along with
any other documents we give you pertaining to your account(s),
is a contract that establishes rules which control your account(s)
with us. Please read this carefully. If you sign the signature
card or continue to have your account with us, you agree
to these rules. You will receive a separate schedule of rates,
qualifying balances, and fees if they are not included in
this document. If you have any questions, please call us.
This agreement is subject to applicable federal laws and
the laws of the state of Wisconsin (except to the extent
that this agreement can and does vary such rules or laws).
The body of state and federal law that governs our relationship
with you, however, is too large and complex to be reproduced
here. The purpose of this document is to:
1. Summarize some laws that apply to common transactions;
2. establish rules to cover transactions or events which the law does not
regulate;
3. establish rules for certain transactions or events which the law regulates
but permits variation by agreement; and
4. give you disclosures of some of our policies to which you may be entitled
or in which you may be interested.
If any provisions of this document is found to be unenforceable
according to its terms, all remaining provision will continue in
full force and effect. We may permit some variations from our standard
agreement but we must agree to any variation in writing either
on the signature card for your account or in some other document.
As used in this document the words "we," "our," and "us" mean
the financial institution and the words "you" and "your" mean the
account holder(s) and anyone else with the authority to deposit,
withdraw, or exercise control over the funds in the account. The
headings in this document are for convenience or reference only
and will not govern the interpretation of the provisions. Unless
it would be inconsistent to do so, words and phrases used in this
document should be construed so the singular includes the plural
and the plural includes the singular.
LIABILITY — You agree, for yourself (and
the person or entity you represent if you sign as a representative
of another) to the terms of this account and the schedule
of charges. You authorize us to deduct these charges directly
from the account balance as accrued. You will pay any additional
reasonable charges for services you request which are not
covered by this agreement.
Each of you also agrees to be jointly and severally (individually)
liable for any account shortage resulting from charges
or overdrafts, whether caused by you or another with access
to this account. This liability is due immediately, and
can be deducted directly from the account balance whenever
sufficient funds are available. You have no right to defer
payment of this liability, and you are liable regardless
of whether you signed the item or benefited from the charge
or overdraft. This includes liability for our costs to
collect the deficit , to the extent permitted by law, including
our reasonable attorney's fees.
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").
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 following business day that we are open.
WITHDRAWALS — Unless clearly indicated
otherwise on the account records, any of you, acting alone,
who signs in the space designated for signatures on the signature
card may withdraw or transfer all or any part of the account
balance at any time. Each of you (until we receive written
notice to the contrary) authorizes each other person signing
the signature card to indorse any item payable to you or
your order for deposit to this account or any other transaction
with us. We may charge your account for a check even though
payment was made before the date of check, unless we have
received written notice of the postdating in time to have
a reasonable opportunity to act. We may refuse any withdrawal
or transfer request which you attempt on forms not approved
by us, by any method we do not specifically permit, which
is greater in number than the frequency permitted, or which
is for an amount greater or less than any withdrawal limitations.
Even if we honor a nonconforming request, we may treat continued
abuse of the stated limitations (if any) as your act of closing
the account. We will use the date the transaction is completed
by us (as opposed to the date you initiate it) to apply the
frequency limitations. The fact that we may honor withdrawal
request that overdraws the available account balance does
not obligate us to do so later. See the funds availability
policy disclosure for information about when you can withdraw
funds you deposit. For those accounts for which our funds
availability policy disclosure does not apply, you can ask
us when you make a deposit when those funds will be available
for withdrawal.
We may require not less than 7 days' notice in writing
before each withdrawal from an interest-bearing account
other than a time deposit, or form any other savings account
as defined by Regulation D. Withdrawals from a time account
prior to maturity or prior to any notice period may be
restricted and may be subject to penalty. See your notice
of penalty for early withdrawal.
OWNERSHIP
OF ACCOUNT AND BENEFICIARY DESIGATION — These
rules apply to this account depending on the form of ownership
and beneficiary designation, if any, specified on the account
records. We make no representations to the appropriateness
or effect of the ownership and beneficiary designations,
except as they determine to whom we pay the account funds. Individual Account — is an account
in the name of one person. Joint Account — with Survivorship
(And Not As Tenants In Common) -
is an account in the name of two or more persons. Each of
you intends that when you die the balance in the account
(subject to any previous pledge to which we have agreed)
will belong to the survivor(s). If two or more of you survive,
you will own the balance in the account as joint tenants
with survivorship and not as tenants in common. Joint
Account — No Survivorship (As Tenants In common) — is
owned by two or more persons, but none of you intend (merely
by opening this account) to create any right of survivorship
in any other person. We encourage you to agree and tell using
writing of the percentage of the deposit contributed by each
of you. This information will not, however, affect the "number
of signatures" necessary for withdrawal. Pay-On-Death
Account — Pay-On-Death accounts may be created only
if one person owns the account. Revocable Trust accounts
may be created by accounts with one or more owners. If two
or more of you create a Revocable Trust account, you own
the account jointly with survivorship. Beneficiaries of either
of these account types cannot withdraw unless: (1) all persons
creating the account die, and (2) the beneficiary is then
living. If two or more beneficiaries are named and survive
the death of the owner(s) of the account, such beneficiaries
will own this account in equal shares, without right of survivorship.
The person(s) creating either a Pay-On-Death or Revocable
Trust account reserves the right to: (1) change beneficiaries,
(2) change account types, and (3) withdraw all or part of
the account funds at any time.
BUSINESS
ACCOUNTS — Earnings in the form
of interest, dividends, or credits will be paid only on collected
funds, unless otherwise provided by law or our policy. We
may require the governing body of the legal entity opening
the account to give us a separate authorization telling us
who is authorized to act on its behalf. We will honor the
authorization until we actually receive written notice of
a change from the governing body of the legal entity.
STOP PAYMENTS — You must make any stop-payment
order in the manner required by law and we must receive it
in time to give us a reasonable opportunity to act on it
before our stop-payment cutoff time. To be effective your
stop-payment order must precisely identify the number, date
and amount of the item, and the payee.
You may stop payment on any item drawn on your account
whether you sign the item or not, if you have an equal
or greater right to withdraw from this account than the
person who signed the item. A release of the stop-payment
request may be made only by the person who initiated the
stop-payment order.
Our stop-payment cutoff time is on hour after the opening
of the next banking day after the banking day on which
we receive the item. Additional limitations on our obligation
to stop payment are provided by law (e.g., we paid the
item in cash or we certified the item).
TELEPHONE
TRANSFERS - A telephone transfer
of funds from this account to another account with us, if
otherwise arranged for or permitted, may be made by the same
persons and under the same conditions generally applicable
to withdrawals made in writing. Unless a different limitation
is disclosed in writing, we restrict the number of transfers
from a savings account to another account or to third parties,
to a maximum of six per month (less the number of "preauthorized
transfers" during the month). Other account transfer restrictions
may be described elsewhere.
AMENDMENTS
AND TERMINATION — We may change
any term of this agreement. Rules governing changes in interest
rates are provided separately. For other changes, we will
give you reasonable notice in writing or by any other method
permitted by law. We may also close this account at any time
upon reasonable notice to you and tender of the account balance
personally or by mail. Notice from us to any one of you is
notice to all of you.
STATEMENTS — You must examine your statement
of account with "reasonable promptness." If you discover
(or reasonably should have discovered) any unauthorized signatures
or alterations, you must promptly notify us of the relevant
facts. As between you and us, if you fail to do either of
these duties, you will have to either share loss with us,
or bear the loss entirely yourself (depending on whether
we used ordinary care and, if not, whether we substantially
contributed to the loss). The loss could be not only with
respect to items on the statement but other items with unauthorized
signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement
and report to us will depend on the circumstances, but
will not, in any circumstance, exceed a total of 30 days
from when the statement is first sent or made available
to you.
You further agree that if you fail to report any unauthorized
signatures, alterations, forgeries, or any other errors
in your account within 60 days of when we first send or
make the statement available, you cannot assert a claim
against us on any items in that statement and as between
you and us the loss will be entirely yours. This 60-day
limitation is without regard to whether we used ordinary
care. The limitation in this paragraph is in addition to
that contained in the first paragraph of this section.
ACCOUNT
TRANSFER — This account may not
be transferred or assigned without our prior written consent.
DIRECT
DEPOSITS — If, in connection with
a direct deposit plan, we deposit any amount in an account
which should have been returned to the Federal Government
for any reason, 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.
TEMPORARY
ACCOUNT AGREEMENT — If this
option is selected, this is a temporary account agreement.
Each person who signs in the space designated for signatures
on the signature card (except as indicated to the contrary)
may transact business on this account. However, we may at
some time in the future restrict or prohibit further use
of this account if you fail to comply with the requirements
we have imposed within a reasonable time.
SETOFF — We may (without prior notice
and when permitted by law) setoff the funds in this account against
any due and payable debt you owe us now or in the future,
by any of you having the right of withdrawal, to the extent
of such persons' or legal entity's right to withdraw. If
the debt arises from a note, "any due and payable debt" includes
the total amount of which we are entitled to demand payment
under the terms of the note at the time we setoff including
any balance the due date for which we properly accelerate
under note.
This right of setoff does not apply to this account if:
(a) it is an IRA or other tax-deferred retirement account,
or (b) the debt is created by a consumer credit transaction
under a credit card plan (but this does not affect our
rights under any consensual, security interest, or (c)
the debtor's right of withdrawal only arises in a representative
capacity. We will not be liable for the dishonor of any
check when the dishonor occurs because we setoff a debt
against this account. You agree to hold us harmless from
any claim arising as a result of our exercise of our right
to setoff.
AUTHORIZED
SIGNER (individual Accounts only) - A
single individual is the owner. The authorized signer is
merely designated to conduct transactions on the owner's
behalf. We undertake no obligation to monitor transactions
to determine that they are on the owner's behalf.
RESTRICTIVE
LEGENDS — We are not required
to honor any restrictive legend on checks you write unless
we have agreed in writing to the restriction, Examples of
restrictive legends are "must be present within 90 days" or "not
valid for more than $1,000.00"
ACH
AND WIRE TRANSFERS — This agreement
is subject to Article 4A of the Uniform Commercial Code — Fund
Transfers as adopted in the state in which you have your
account with us, or as adopted in New York if that state
has not adopted UCC 4A. If you originate a fund transfer
for which Fedwire is used, and you identify by name and number
a beneficiary financial institution, an intermediary financial
institution or a beneficiary, we and every receiving or beneficiary
financial institution may rely on the identifying number
to make payment. We may rely on the number even if it identifies
a financial institution, person or account other than the
one named. You agree to be bound by automated clearing house
association rules. These rules provide, among other things,
that payments made to you, or originated by you, are provisional
until final settlement is made through a Federal Reserve
Bank or payment is otherwise made as provided in Article
4A-403(a) of the Uniform Commercial Code. If we receive a
credit to an account you have with us by wire or ACH, we
are not required to give you any notice of the payment order
or credit.
FACIMILE
SIGNATURES - You authorize us,
at any time, to charge you for all checks, drafts, or other
orders, for the payment of money, that are drawn on us regardless
of by whom or by what means the facsimile signatures(s) may
have been affixed so long as they resemble the facsimile
signature specimen filed with us, and contain the required
number of signatures for this purpose.
PLEDGES - Unless we agree otherwise in writing
each owner of this account may pledge all or any part of the
funds in it for any purpose to which we agree. Any pledge of
this account must first be satisfied before the rights of any
surviving accounts owner or account beneficiary become effective. |