DJ ADAMS SUED BY TFNB

Sounds like DJ has a gambling problem and maybe more, wish TFNB had filed on him criminally, maybe would have stopped him from hurting people.

It’s just a thought.

H

— J.A. (Andy) Harwell
County Clerk

‘ : , McLennan County, Texas
By Pam Saucedo no, 20240841CV3 By an

FIRST NATIONAL BANK OF McGREGOR § IN THE COUNTY COURT

§
§
Plaintiff, §
v. § AT LAW NO.

§
DEALAN JAMES ADAMS §
§

Defendants. § MCLENNAN COUNTY, TEXAS

‘PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES First National Bank of McGregor, Plaintiff in the above-styled and numbered
cause, and brings this, its suit against Defendant, Dealan James Adams and for cause of action shows
the Court the following:

I.
DISCOVERY LEVEL

1. Plaintiff intends for discovery in this case to be conducted under Level 1 pursuant to
   Rule 190.2 of the Texas Rules of Civil Procedure.
   II.
   PARTIES

2, Plaintiff is First National Bank of McGregor (“Plaintiff” or “FNB McGregor”).

3. Defendant, Dealan James Adams, is an individual who can be served with process
   by serving him at 2109 Therese Drive, Waco, McLennan County, Texas 76712-7104 or wherever he
   may be found.

Plaintiff’s First Amended Original Petition
Page |

IIL.

JURISDICTION AND VENUE

4. Jurisdiction is proper in this Court because this action involves claims in excess of the
   minimum jurisdictional limits of this Court. This Court has personal jurisdiction over all of the
   parties because all of the parties reside and/or conduct business in the State of Texas.
5. Venue is proper in this Court pursuant to 15.002 of the Texas Civil Practice and
   Remedies Code because Dealan James Adams resides in McLennan County, Texas.

. Iv.
RELIEF

6. Plaintiff seeks only monetary relief of $250,000 or Jess, excluding interest, statutory
   or punitive damages and penalties, and attorney fees and costs. See TEX. R. CIv. P. 47(c)(1).

Vv.
FACTS

7. Defendant wrote checks on checking account number i713 in the amount of
   $17,963.28 and the account contained insufficient funds to cover the checks. The Account Agreement
   and Terms and Conditions of Your Account (the “Agreement” is attached as Exhibit A is attached
   hereto and incorporated herein as if fully referenced. Section 3 of the Agreement provides that:
   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 we can
   deduct any amounts deposited into the accounts and apply those amounts to the
   shortage. 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.

Plaintiff’s First Amended Original Petition
Page 2

See the Agreement attached hereto as Exhibit A. Defendant is liable for breach of the Agreement
because there is an overdraft on their account and he failed to cover the overdraft with sufficient
funds, as required by Liability section of the Agreement. See id.

VIL
ATTORNEY’S FEES

8. . Defendant’s overdraft of the account and their failure to cover the insufficient funds
   has made it necessary for Plaintiff to place with the undersigned attorney and agree to pay the
   attorney a reasonable fee. Liability section of the Agreement also provides that: “You will be liable
   for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether
   incurred asa result of collection or in any other dispute involving your account. .” See the Agreement
   attached hereto as Exhibit A. Plaintiff requests reasonable attorney’s fees pursuant to the Agreement
   and Section 38.001 of the Texas Civil Practice and Remedies Code.
   PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that:

1. Defendant be cited to appear and answer herein;
   2, Plaintiff be granted judgment against Defendant, Dealan James Adams, for the
   overdraft in checking account number 13 in the total amount of $17,963.28;
2. Plaintiff be granted judgment for prejudgment interest;
3. Plaintiff be granted judgment for reasonable attorney’s fees;
4. Plaintiff be granted judgment for all costs of court;
5. Plaintiff be granted judgment for post-judgment interest at the maximum rate
   permitted by law; and

Plaintiff’s First Amended Original Petition
Page 3

7. Plaintiff be granted such other and further relief, special or general, legal or
   equitable, as Plaintiff may be shown to be justly entitled to receive.

Plaintiff’s First Amended Original Petition
Page 4

Respectfully submitted,
HALEY & OLSON, P.C.
100 N. Ritchie Road, Suite 200
Waco, Texas 76712
Telephone: (254) 776-3336
Fax: (254) 776-6823
By: /s/ Blake Rasner
Blake Rasner
Bar Card No. 16555700
Email: brasner@haleyolson.com
Attorneys for First National Bank of McGregor

EXHIBIT A

ACCOUNT AGREEMENT

THE FIRST NATIONAL BANK OF MCGREGOR
ath Streat , 901 S. 8th St
Waco, TX 76706
Agreament Date: 12/27/2019 By: ANGELAY _
1 EXISTING Accaunt- This agreement replaces previous agresmentis},
O This Is a Temporary account agreement.
Account Description:
Batra Edge
@ Checking O Sevines DQ now O
Initial Daposit &

Source:

Ownershtp of Account

• CONSUMER Purpose
  The types of accounts provided by Texas jaw have been
  disclosed on the separate Singie-Party of Multipia-Party Account
  Selaction Form Notice (Selection Form Notice), on which the
  undarsigned have initialed to designate the ownership type
  selected. The undersigned acknowledge(s) receipt of a copy of
  the completed Selection Form Notice.
  QO

Account
Number; A? 2.3
Account Owner(s) Name & Address
DEALAN JAMES ADAMS
POD MELISSA JOYCE COLE
10316 WALLEY WAY
WACO TX 76708

Ownerahlp of Account – BUSINESS Purpose
© Sole Proprietorship C) Singla-Member LLC (1 Partnership
0 LLC (26 tax classitication: DO econ 0 s con OD Partnership!
( corporation 0) §$ Corporation . 0 Nen-Protic
oO .
.

Business:
Additional Information:
POD MELISSA JOYCE COLE 05/22/1978

Backup Withholding Cortlflcetions ivon-“t.S, Persons” Use separate Form WB}
(Bl By signing at sight, , _DEALAN JAMES ADAMS
cortify under penattias of porjury that the statements mado in this section are truo.
Tin: RR Tho Texpayer Identification
Number (Titi) shown is my correct taxpayer identification number.
&l Not Subject to Backup Withholding. Lam HOT subject to backup
withholding either beceuso [have not baan notiffed that | am subjact to backup
withholding asa result of a failure to report all interost of dividends, or the Internal
Revenue Service has notilled ma that | am no longer subject to backup withholding.
O Exempt Reclptent. | aman exempt under the internal fi
Servite Regulations. Exempt payoe code (if any}
FATCA Code. Tha FATCA coda entered on this form {it any} Indicating {hat | em.
exempt from FATCA reporting is correct.
U.S. Person. 1 om a U.S. eltizen or other U.S, person (as definad
In the Instructions}.

Slgnature{e). Tho undersigned certifies the accuracy of the Information helshs has
provided and ecknowledges recelpt of w completed copy of this farm. Tho undersigned
authorizes the financlal institution to vority crodit and amployment bletary andiar hava
e ctadit reporting agency propare crodit report on the underelgned, as individuals.
Tho undersigned olso acknowladge tha recalpt of a copy and agree to the arms of the
toltowing sgroamant(s) andjor diaclosure(s!:
l Terms & Conditions Kl Truth in Savings Bl Funds Availability
(Zl Electronic Fund Transfers (& Privacy {K} Substitute Checks
3 Common Features O
The Internal Revenue Service does not require your consent to any
provision of this document other than the certifications required to
avold backup withholding.
{1}:

» |

BALAN JAMES ADAMS
ow, |
UD, # ~ 0.0.8,
(3): [. |
ID, # D.0.B, 1

LD. # 0.0.B,
O the person(s) named balow ara Convanience Slgnere only (not owners} L.

sentir ome MOE

1D. # Othar “
[.

0. # Other

MPSC-LAZ-TX 1/16/2016 Page loft

Terms and Conditions of Your Account

Contents:
(1) Important Information about Procedures for
Opening a New Account
(2) Agreement
(3) Liability
(4) Deposits
(5) Withdrawals
Important Terms for Accounts Where More
Than One Person Can Withdraw
Postdated Checks
Checks and Withdrawal Rules
Cash Withdrawals
Multiple Signatures, Electranic Check
Conversion, and Similar Transactions
Notice of Withdrawal
{6) Uniform Single-Party or Multiple-Party
Account Selection Form Notice
Single-Party Account Without “P.O.D.”
_ (Payable on Death) Designation
Single-Party Account With “P.0.D.”
(Payable on Death) Designation
Muttiple-Party Account Without Right of
Survivorship ~
Multiple-Party Account With Right of
Survivorship
Multiple-Party Account With Right of .
Survivorship and “P.O.D.” (Payable on
Death} Designation
Convenience Account
Trust Account
(7) Business, Organization, and Association
Accounts
(8) Stop Payments
(9) Telephone Transfers
(10) Amendments and Termination
(11) Correction of Clerical Errors
(12) Notices
(13) Statements
Your Duty to Report Unauthorized
Signatures (Including Forgeries and
Counterfeit Checks) and Alterations on
Checks and Other Items
(1) Important Information about Procedtires for Opening a New Account

Your Duty to Report Other Errors or
Problems
Errors Relating to Electronic Fund Transfers
‘of Substitute Checks
Duty to Notify if Statement Not Received
(14) Reimbursement of Federal Benefit Payments
(15) Temporary Account Agreement
(16) Setoff
(17) Check Processing
(18) Check Cashing
(19) Truncation, Substitute Checks, and Other
Check Images
(20) Remotely Created’ Checks
(21) Unlawful Internet Gambling Notice
(22) ACH and Wire Transfers
(23) International ACH Transactions
(24) Facsimile Signatures
{25) Restrictive Legends or Indorsements
(26) Account Transfer
(27) Indorsements
{28) Death or Incompetence
(29) Fiduciary Accounts
(30) Credit Verification
(31) Legal Actions Affecting Your Account

• {32) Account Security
  Your Duty to Protect Account Information
  and Methods of Access
  Positive Pay and Other Fraud Prevention
  Services
  {33) Instructions From You
  (34) Monitoring and Recording Telephone Calls
  and Account Communications
  (35) Claim of Loss
  (36) Early Withdrawal Penalties
  (37) Changes in Name and Contact Information
  (38) Resolving Account Disputes
  (39) Waiver of Notices
  (40) Additional Terms

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial
institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other
information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Terms and Conditlona-TX fesse tas sosse (AATEC ALE ae

This document, along

with any other documents we give you pertaining to your account(s), is a contract (also referred to as
“this agreement”) that establishes rules which control your account(s) with us. Please read this carefully and retain it for
future reference. If you open the account (whether in-person, electronically, or by any other method permitted by us) or
continue to use the account after receiving a notice of change or amendment, you agree to these rules. You will receive a
separate schedule of rates, qualifying balances, and fees if they are not included in this agreement. If you-have any questions,
please ask us. ; : :
This agreement is subject to applicable federal laws, the laws of thé state of Texas and other applicable rules such as the
operating letters of the Federal Reserve Banks and payment processing system rules (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 rélationship with you, however, is
too large and complex to be reproduced here. The purpose of this agreement 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 provision of this agreement is found to’ be unenforceable according to its terms, all remaining provisions 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. Nothing in this agreement is intended to”
   vary our duty to act in good faith and with ordinary care when required by law.
   As used in this agreement 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. However, this agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this agreement 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 agreement should be construed so the singular includes the plural and
   the plural includes the singular. :
   “Party” means a person who, by the terms of ah account, has a present right, subject to request, to payment from the account
   other than as a beneficiary or agent. :
   13) Liabtity Ti
   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, without notice to you, 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) Hable 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 we can deduct any amounts deposited into the account and apply those amounts to the shortage. 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.
   You will be liable for our costs as well as for our reasonable attorneys’ fees, to the eéxtent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be
   deducted from your account when they are incurred, without notice to you.
   fees wes some AUNTIE OC EAA Page 2 of 14

(4) 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
indorsement or lack of indorsement 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. Unless prohibited by law, we also reserve the right
to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid
by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim of
alteration, encoding error, counterfeit cashier’s check or other problem which in our judgment justifies reversal of credit.
You authorize us to attémpt to collect previously returned items without giving you notice, and in attempting to collect we
may permit the payor bank to hold an item beyond the midnight deadline. 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 or draft for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or
indorse in our presence.
(5) Withdra wals
Important Terms for Accounts Where More Than One Person Can Withdraw. Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals 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 who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us. ‘
Postdated Checks. A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account-for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportinity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.
Checks and Withdrawal Rules. If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer Tequest which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
Cash Withdrawals. We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose a danger to your personal safety, As an alternative to making a large cash withdrawal, you may want to consider a cashier’s check or similar instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision
to withdraw funds in the form of cash.
a AAT Page 3 of 14

(5) Withdrawals, Continued. x
Multiple Signatures, Electronic Check

Conversion, and Similar ‘Transactions. An electronic check conversion
transaction is a transaction where a check or similar item ts converted-into an electronic fund transfer as defined in the
Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from
circulation (truncated) or given back to you. As a result, we havé no opportunity to review the signatures or otherwise
examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to
examine the signatures, you waive any requirement of multiple signatures.
Notice of Withdrawal. We reserve the right to require not less than 7 days’ notice in writing before each withdrawal
from an interest-bearing account, other than a time deposit or demand deposit, or from any other savings deposit as
defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) 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 Separately provided notice of penalty for early withdrawal.
s (6). Uniform ‘Single-Party o1 Multiple-Party Account Selection Form.Notiée –
The type of account you select may determine how property passes on your death. Your will may not control the disposition
of funds held in some of the following accounts. You may choose to designate one or more convenience signers on an
account, even if the account is not’a convenience account. A designated convenience signer may make transactions on your
behalf during your lifetime, but does not own the account during your lifetime. The designated convenience signer owns the
account on your death only if the convenience signer is also designated asa P. O.D. payee or trust account beneficiary.
Single-Party Account Without “P.O.D.” (Payable on Déath} Designation. The party to the account owns the:
account. On the death of the party, ownership of the account passes as a part of the party’s estate under the party’s will or
by intestacy.
Single-Party Account With “P.O.D.” (Payable on Death) Designation. The party to the account owns the account.
On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a
part of the party’s estate.
Multiple-Party Account Without Right of Survivorship. The parties to the account own the account in proportion to
the parties’ net contributions to the account. The financial institution may pay any sum in the account to a party at any
time. On the death of a party, the party’s ownership of the account passes as a part of the party’s estate under the party’s
will or by intestacy. .
Muitiple-Party Account With Right of Survivorship. The parties to the account own the account in proportion to the
parties’ net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party’s ownership of the account passes to the surviving parties.
Multiple-Party Account With Right of Survivorship and “P.O.D.” (Payable on Death) Designation. The parties to the account own the account in proportion to the parties’ net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of the last surviving party, the ownership of the account
passes to the P.O.D. beneficiaries.
Convenience Account. The parties to the account own the account. One or more convenience signers to the account may make account transactions for a party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party’s estate under the last surviving party’s will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties’ ownership of the account.
Bensmeans me RITE eee

Trust Account. The parties named as trustees to the account own the account in proportion to the parties’ net —
contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from
the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes
to the beneficiary. The trust account is not a part of a trustee’s estate and does not pass under the trustee’s will or by
intestacy, unless the trustee survives all of the beneficiaries and all other trustees.
he vy aes otis ra ee a a se, 8 al
Earnings
(7) Business,
in the form
Organization,
of interest, dividends,

and Association
or credits will be
Accounts
paid only on

collected funds, unless otherwise provided by law
or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the 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 entity. :

The
(8)
rules
Stop
in
Payments’:
this section cover

stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such’as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law; it must be made in a dated, authenticated record that describes the item with certainty. (Generally, a “record” is information that is stored in such a way that it can be retrieved and can be heard or read and understood – you can ask us what type of stop-payment records you can give us.) We must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because the most effective way for us to execute a stop-payment order is by using an automated process, 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. Your stop-payment order is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. We are not obligated to notify you when a stop-payment order expires.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons, You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
Our stop-payment cutoff time is one 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).
(9) 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. Limitations on
the number of telephonic transfers

from a savings account, if any, are described elsewhere.

SEE ewe ANNEAL ATA AA ON “eePage § of 14

OEE
We may amend
merits
or delete any
and,
term
Termination
of this agreement.

We may also add new terms to this agreement. In addition, we may
suspend, modify, convert, or terminate a service, convert this account to another account type, or close this account for any
reason. For any of these types of changes, we will give you reasonable notice in writing by any reasonable method including
by mail, by any electronic communication method to which you have agreed, on or with a periodic statement, or through any
other method permitted by law. If we close the account, we will tender the account balance to you or your agent personally,
by mail, or by another agreed upon method.
Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we
suspect fraud, it might be reasonable for us to give you notice after the change becomes effective. For instance, if we suspect
fraudulent activity with respect to your account, and if we deem it appropriate under the circumstances and necessary to
prevent further fraud, we might immediately freeze or close your account and then give you notice.
Unless otherwise indicated in the notice of change, if we have notified you of a change to your account, and you continue to
have your account after the effective date of the change, you have accepted and agreed to the new or modified terms. You
should review any change in terms notice carefully as the notice will provide important information of which you may need
to be aware. “
We reserve the right to waive any term of this agreement. However, such waiver shall not affect our right to enforce the term
at a later date.
If you request that we close your account, you are responsible for leaving enough money in the account to cover any
outstanding items or transactions to be paid from the account. Once any outstanding items or transactions are paid, we will
close the account and tender the account balance, if any, to you or your agent personally, by mail, or by another agreed upon
method. °
Any items and transactions presented for payment after the account is closed may be dishonored. Any deposits we receive
after the account is closed may be returned. We will not be liable for any damages for not honoring any such debits or deposits received after the account is closed.
Note: Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another
document. In addition, for changes governed by a specific law or regulation, we will follow the specific timing and format
notice requirements of those Jaws or regulations.
{ 7 1) Correction of Clerical Errors :
Unless otherwise prohibited by law, you agree,
if determined necessary in our reasonable discretion, to allow us to correct clerical errors, such as obtaining your missing signature, on any account documents or disclosures that are part of our agreement with you. For errors on your periodic statement, please refer to the Statements section.
(12) Notices.
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any, We must receive any notice in time to have a reasonable opportunity to act on it. If a notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Notice we give you via the United States Mail is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we currently have on file. Notice we give you through your email of record, or other electronic method to which you agreed, will be treated as delivered-to you when sent.: Notice to any-of you is notice to all of you.

a iii ae

Your Duty to Report

Unauthorized Signatures (Including Forgeries and Counterfeit Checks) and Alterations
on Checks and Other Items. You must examine your statement of account with “reasonable promptness.” If you
discover (or reasonably should have discovered) any unauthorized signatures (including forgeriés and counterfeit checks)
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 the loss with us, or bear the loss entirely yourself (depending on whether we used
ordinary care and, if not, whether we 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 or alterations 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.
Your Duty to. Report Other Errors or, Problems. In addition to your duty to review your statements for unauthorized signatures and alterations, you agree to examine your.statement with reasonable promptness for any other error or problem – such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. _ You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
. Errors Relating to Electronic Fund Transfers or Substitute Checks (For consumer accounts only). For information on errors relating to electronic fund transfers (e.g., online, mobile, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.
Duty to Notify if Statement Not Received. You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft. Absent a lack of ordinary care by us, a failure to receive your statement in a timely manner does not extend the time you have to conduct your review under this agreement.

If
(7
we
4).Reimbursement
are required for any reason
of Federal
to reimburse
Benefit
the federal
Payments
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 available legal remedy to recover the amount of our liability.
(15) Temporary ‘Account Agréement’
If the account documentation indicates that this is a
temporary account agreement, each person who signs to open the account or has authority to make withdrawals (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.

gags oesa son me ll MMUN WEE AO aePage 7 of 14

We may (without

prior notice and when permitted by law) set off the funds in this account against any due and payable debt
any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any
funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability
as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt
will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion
of the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this
account if: (a) it is an Individual Retirement Account or similar tax-deferred 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, or (d) the debt is created by a home equity loan.
We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account.
You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
(17) Check Processing’
We process items mechanically by
relying almost exclusively 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 indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements.
We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.

We
(18)
may
Check
charge a
Cashing:
fee for anyone

that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
(19) Truncation, Substitute Checks, and Other Check Images’
If you truncate an original check and create a substitute check, or other paper or electronic
image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks, You agree to retain the original check in conformance with our policy for retaining original checks. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted: by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image
of an original check.

SRR mem FAME CE A ee

(20)’Remotely Created Check
Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand
draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a
remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a
signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that
the owner authorized the check or has the owner’s. name typed or printed on the signature line.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection:
(1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance. ‘

Restricted
(21) Unlawful
transactions
Internet
as defined
Gambling
in Federal
Notice.
Reserve Regulation

GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
(22) 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. If you originate a fund transfer 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 do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit 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.

Financial
(23) International
institutions are
ACH
required
Transactions:
by law to scrutinize

or verify any international ACH transaction (IAT) that they receive against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC). This action may, from time to time, cause us to temporarily suspend processing of an LAT and potentially affect the settlement and/or availability of such payments.
(24) Facsimile Signatures:
Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile 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 onus. You give us this authority regardless of by
em
whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature
eae Page 9 of 14

specimen filed with us, and contain the required number

of signatures for this purpose. You must notify us at once if you

suspect that your facsimile signature is being or has been misused.

The
(25)
automated
Restrictive:
processing
Legends:
of the large
or. Indarsements,|
volume of checks
we
receive prevents us from inspecting or looking for restrictive
legends, restrictive indorsements or other special instructions on every check. For this reason, we are not required to honor
any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in writing
to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or
expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends
placed on checks are “mist be presented within 90 days” or “not valid for more than $1,000.00.” The payee’s signature
accompanied by the words “for deposit only” is an example of a restrictive indorsement.

This
(26)
account
Account
may not
Transfer
be transferred

or assigned without our prior written consent.

We
(27)
may
Indorsements:
accept for deposit

any item payable to you or your order, even if they are not indorsed by you. We may give cash
back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you
warrant that all indorsements are genuine.
To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g., additional indorsements, ID information, driver’s license number, etc.) must fall within 1 1/2″ of the “trailing edge” of a
check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all
indorsement information within 1 1/2″ of that edge.

YOUR INDORSEMENT MUST
BE WITHIN THIS AREA

Name 7654
Address, City, State ———..20___
Pay to the
order of §
dollars <1 Keep your indorsement
Bank Name out of this area,
and Locatlon
Memo.
WhEIRSH TANS PS5h
FRONT OF CHECK { BACK OF CHECK

TRAILING EDGE

It is important that you
confine the indorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement, or information you have printed on the back of the check obscures our indorsement. These indorsement
guidelines apply to both personal and business checks.
EE ea TEATS ETON Sa Pge 10 of 14

You
(28)
agree
Death
to notify
of Incompetence’
us promptly if any person

with a right to withdraw funds from your account(s) dies or is adjudicated
(determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until:
(a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that
knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of
incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by
someone claiming an interest in the account. :
(29) Fiduciary Accounts
Accounts may be opened by a person

acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf
of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This
account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as
executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we
are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or
enforce the terms of the trust or letters.

You
(30)
agree
Credit
that we
Verification
may verify credit

and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
‘(3 1) Legal Actions Affecting Your Account
If we are served with a subpoena, restraining order, writ of
attachment or execution, levy, garnishment; search warrant, or similar order relating to your account (termed “legal action” in this section), we will comply with that legal action as required by applicable law. However, nothing in this agreement shall be construed as a waiver of any rights you may have under applicable law with regards to such legal action. Subject to applicable law, we may, in our sole discretion, choose to freeze the assets in the account and not allow any payments or transfers out of the account, or take other action as may be appropriate under the circumstances, until there is a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we.have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action and applicable law. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees, and our internal expenses) may be charged against your account, unless otherwise prohibited by applicable law. The list of fees applicable to your accounts) – provided elsewhere – may specify additional fees that we may charge for responding to certain legal actions. ;
(32) Account Security
Your Duty to Protect Account Information and Methods of Access. Our policy may require methods of verifying your identity before providing you with a service or allowing you access to your account. We can decide what identification is reasonable under the circumstances. For example, process and identification requirements may vary depending on whether they are online or in person. Identification may be documentary or physical and may include

• collecting a fingerprint, voiceprint, or other biorhetric information. .
  It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your accounts. You should also safeguard your username, password, and other access and identifying information when accessing your account through a computer or other electronic, audio, or mobile device or technology. If you give
  a mo Le nT ae Page 11 of 14

anyone authority to access the account on your

behalf, you should. exercise caution and ensure the trustworthiness of that –
agent. Do not discuss, compare, or share information about your account numbers with anyone unless you are willing to
give them full use of your money, An account number can be used by thieves to issue an electronic debit or to encode
your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access
device or information and grant actual authority to make transfers to another person (a family member or coworker, for
example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by
that person are. no longer authorized. Your account number can also be used to electronically remove money from your
account, and payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been
lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely
yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we
substantially contributed to the loss).
Positive Pay and Other Fraud Prevention Services. Except for consumer electronic fund transfers subject to
Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other
unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or
unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for
such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include
positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security
procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we
accept in compliance with an alternative security procedure that you have selected. The positive pay service can help
detect and prevent check fraud and is appropriate for account holders that issue a high volume of checks, a lot of checks to
the general public, or checks for large dollar amounts.
(33) Instructions From You:
Unless required by law or we have agreed

otherwise in writing, we are not required to act upon instructions you give us via
facsimile transmission, email, voicemail, or phone call to a facsimile number, email address, or phone number not designated
by us for a particular purpose or for a purpose that is unrelated to the request or instruction.
(34) Monitoring and Recording Telephone. Calls‘and Account Conimunications”
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record, and to
ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account, we may need to contact
you about your account from time to time by telephone, text messaging, or email. In contacting you about your account, we
may use any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business
relationship or that you may subsequently provide to us.
You acknowledge that the number we use to contact you may be assigned to a landline, a paging service, a cellular wireless
service, a specialized mobile radio service, other radio common carrier service, or any other service for which you may be
charged for the call. You acknowledge that we may contact you by voice, voicemail, or text messaging. You further
acknowledge that we may use pre-recorded voice messages, artificial voice messages, or automatic telephone dialing systems.
If necessary, you may change or remove any of the telephone numbers, email addresses, or other methods of contacting you
at any time using any reasonable means to notify us.

FEST ean JCEM