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Disclosures

First Bank of Baldwin - Terms and Conditions of Your Account

First Bank of Baldwin – Terms and Conditions of Your Account

AGREEMENT. This document, in accordance with any other documents given to you by us pertaining to your account(s), is a contract establishing rules that control your account(s) with us. Please take the time to thoroughly review this document. Please note you are agreeing to these rules when you sign the signature card and continue to keep the account open. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. Please call us with any questions or concerns regarding your account and this document.

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); however, the body of state and federal law that influence our relationship with you is too large and complex to be reproduced here. The purpose of this document is to do the following:

  1. Summarize laws that apply to common transactions;
  2. Establish rules to cover transactions or events that 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 disclosure of some of our policies to which you may be interested or entitled.

If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Although we may permit some variations from our standard agreement, we must agree to the variation in writing (either on the signature card for your account or in some other document).

The words “we,” “our,” and “us,” as used in this document, mean the financial institution. 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, therefore, 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. “Party” means a person who (by terms of an account) has a present right, subject to request, to payment from the account other than as an agent. A beneficiary of a P.O.D. account is a party only after the account becomes payable to them by reason of their surviving the original payee. Subject to withdrawal restrictions of Wisconsin law, a minor may be a party to an account. Unless otherwise indicated by the text, “party” includes a legal guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party.

LIABILITY. You agree, for yourself (and the person you represent if you sign as a representative of another) to the terms of this account and the applicable charges. By this agreement, you authorize us to debit these charges directly from the account balance as accrued. You agree to pay any additional reasonable charges for services that you request that are not discussed in this agreement.

If there are any account shortages resulting from charges or overdrafts, whether caused by you or another with access to this account, each of you also agrees to be jointly and individually liable. This liability is due immediately, and can be deducted directly from the account balance whenever you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including our reasonable attorneys’ fees (to the extent permitted by law).

DEPOSITS. Only provisional credit will be given until collection is final for any items, other than cash, that 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 will not be held responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received on a day we are not open for business, as if initiated on the next following business day that we are open.

WITHDRAWALS. Any of you, acting alone, who sign on the signature card may withdraw or transfer all or any part of the account balance at any time, unless clearly indicated otherwise on the account records. Each of you authorizes each other person signing the signature card to endorse any item payable to you or your order for deposit to this account or any other transaction with us until we receive written notice to the contrary. We may charge your account for a 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 opportunity to act. We retain the right to refuse any withdrawal or transfer request that you initiate: on documents we have not approved, 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. The application of frequency limitations will be determined by the date that we complete the transaction, as opposed to the date you initiate it. Although we may occasionally (at our discretion) honor withdrawal requests that overdraw the available account balance, we are under no obligation to do so at a later date. To find information regarding when you can withdraw funds you deposit, see the funds availability policy disclosure. For those accounts for which our funds availability policy disclosure does not apply, please ask us at the time of the deposit when those funds will be available for withdrawal.

We may require in writing, not less than seven days notice, before each withdrawal from an interest-bearing account (other than a time deposit), or from 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 subject to penalty. Please see your notice of penalty for early withdrawal.

The depositor shall hold the Bank harmless for forgeries that cannot be detected by the Bank through normal procedures, except in a case where the Bank fails to use ordinary care in paying checks or drafts with forged signatures. This is including but not limited to: facsimile signatures, checks and drafts truncated at another collecting institution, desktop publishing or other computer generated or aided signatures, positive pay arrangements where presentment is made through computer modem, and situations where the bank does not scrutinize depositor’s signatures (consistent with the manner of other banks in the industry).

PAYMENT ORDER OF ITEMS. We are permitted by law to pay items (such as checks or drafts) drawn on your account in any order. In order to assist you in managing your account with us, we are providing you with the following information on how we process the items that you write. When processing items drawn on your account, our policy is to pay them according to the dollar amount, and we pay the smallest items first. 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 at that time. Our payment policy minimizes the number of items that may result in an overdraft or NSF fee. When an item is presented without sufficient funds in your account to pay it, we may, at our discretion, either pay the item (which creates an overdraft) or return the item (NSF-Non Sufficient Funds). The amounts of the overdraft and NSF fees are disclosed elsewhere. Please contact us for any questions concerning overdraft and NSF fees. In order to avoid writing checks or drafts without sufficient funds (and incurring the resulting charges), we encourage you to keep careful and accurate records and exercise good account management.

OWNERSHIP OF ACCOUNT and BENEFICIARY DESIGNATION. The following rules apply to this account depending on the form of ownership and beneficiary designation specified on the account records (if any). We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.

 

Single-Party Account. Definition-An account is owned by one party.

Joint Survivorship Account (Not as Tenants in Common). Definition-An account is issued in the name of two or more persons. Each of you agrees that upon your death the balance in the account will belong to the survivor(s) (subject to any previous pledge to which we have permitted). If two or more of the account holders survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.

Marital Account. Definition-An account established without the right of survivorship by two parties who are husband and wife and is payable on request to either or both parties.

Joint Account-No Survivorship (as Tenants in Common). Definition-An account, other than a Marital Account or Joint Survivorship Account, which is owned by two or more parties and payable on request to one of two or more parties. Simply by opening this account, the parties do not intend to create any right of survivorship in any other party. We encourage the parties to agree and inform us in writing of the percentage of the deposit each of you contributes; however, this information does not affect the “number of signatures” necessary for withdrawal.

Single Account or Joint Survivorship Account with P.O.D. Beneficiaries. Definition-P.O.D. (Pay-on-Death) beneficiaries attain the right to withdraw only if (1) all parties creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will then own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to (1) change beneficiaries of the account, (2) change account types, and (3) withdraw all or part of the deposit at any time.

Marital Account with P.O.D. Beneficiaries. Definition-Upon the death of either account holder, half of the funds on deposit are owned by the survivor and half are owned by the P.O.D. beneficiary(ies) named by the deceased party. If two or more beneficiaries are named by a party and survive the death of the party, they shall share equally the half that they own, without the right of survivorship. The persons creating this account type reserve the right to (1) change beneficiaries of the account, (2) change account types, and (3) withdraw all or part of the deposit at anytime.

BUSINESS ACCOUNTS. Earnings (in the form of interest, credits, or dividends) will be paid only on collected funds, unless otherwise granted by law or our policy. The governing body of the legal entity opening the account may be required to give us a separate authorization telling us who is authorized to act on its behalf. This authorization will be honored until we receive written notice of a change from the governing body of the legal entity.

STOP PAYMENTS. Any stop-payment order must be presented in the manner required by law and we must receive it in time so that we have a reasonable opportunity to act on it. An effective stop-payment order must precisely identify the check number, date, the amount of the item, and the payee.

Whether your signature is on the item or not, you may stop payment on any item drawn on your account if you have an equal or greater right to withdraw from this account than the person who actually signed the item. Only the person who initiated the stop-payment order may make a release of the stop-payment request.

Any additional limitations on our responsibility 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) may be made by the same persons and under the same conditions applicable to withdrawals made 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 unless a different limitation is disclosed in writing. This is less the number of “preauthorized transfers” during the month. There may be other account transfer restrictions described elsewhere.

AMENDMENTS and TERMINATION. We reserve the right to change any term of this agreement. For any changes, we will give you reasonable notice in writing or by another method permitted by law. At our discretion we may also close this account at any time (upon reasonable notice to you) and tender of the account balance personally or by mail. Rules governing changes in interest rates are provided separately.

STATEMENTS. To locate any mistakes efficiently, you must examine your account statement with reasonable promptness. If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, we must be promptly notified of the relevant facts. Between you and us, if you fail to do either of these duties, you will be responsible to either share the loss with us, or bear the loss entirely yourself. Either will be determined depending on whether we used ordinary care and, if not, whether we considerably contributed to the loss. The loss could be with respect to terms on the statement, and to other items with unauthorized signatures or alterations by the same wrongdoer.

The time you have to examine your statement and report to us any changes or errors will depend on the circumstances, but will not exceed a total of 30 days, in any circumstance, from when the statement is first sent or made available to you.

You do agree that if you fail to report any unauthorized signature, alterations, forgeries, or any other errors in your account within 60 days (of when we first send or make the statement available), you cannot allege a claim against us on any items in that statement, and the loss will be entirely yours. Please note that 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 approval.

DIRECT DEPOSITS. If we deposit any amount in an account in connection with a direct deposit plan that should have been returned to the Federal Government for any reason, you authorize us to debit the amount of our liability to the U.S. Federal Government from the account or from any other account you have with us. This may be done without prior notice and at any time (except as prohibited by law). You also agree that we may also use any other legal remedy to recover the amount of our liability.

TEMPORARY ACCOUNT AGREEMENT. If selected, this option 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. We may at some time in the future, however, restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.

SETOFF. You do agree that we may, without prior notice and when permitted by law, set off 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 a joint or P.O.D. account requires the signature of all the parties for purposes of withdrawal, then the account shall be subject to setoff to the extent of the net contributions of the debtor party to the account. 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 set off, including any balance the due date for which we properly accelerate the note.

This right of setoff cannot be applied to this account if (1) 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), (2) it is an IRA or other tax-deferred retirement account, or (3) the debtor’s right of withdrawal only arises in a representative capacity. We are not liable for the dishonor of any check when it occurs because we set off a debt against this account. You agree we are not held responsible for a claim arising as a result of our exercise of our right of setoff.

AUTHORIZED AGENT. An authorized agent is one who has a present right (subject to request), by the terms of the account, to payment from the account on behalf of all of the parties to the account.

RESTRICTIVE LEGENDS. Unless we have agreed in writing to the restriction, we are not obligated to honor any restrictive legend on checks that you write. Some examples of restrictive legends are “must be presented within 60 days” or “not valid for more than $500.00.”

STALE-DATED CHECKS. We are under no obligation to, but may, however, at our option pay a check (other than a certified check) presented for payment more than six months after its date. You must place a stop-payment order if you do not want us to pay a stale-dated check. The stop-payment order must be presented in the manner we have described elsewhere.

ACH and WIRE TRANSFERS. This agreement is subject to Article 4A of the Uniform Commercial Code-Fund Transfers as adopted by the state of Wisconsin or as adopted in New York if that state has not adopted UCC 4A. If you originate a fund transfer over Fedwire, 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 still 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 ACH (automated clearing house) association rules. These rules provide that payments made to you or originated by you, are provisional until final settlement is made. Final settlement may be made through a Federal Reserve Bank or 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. We are not required to give you any notice if we should receive a credit to an account you have with us by wire or ACH.

CHECK PROCESSING. We may process items mechanically by relying on the information encoded along the bottom of the items. This means that we may not individually examine all of your items to determine if the item is properly completed, signed and indorsed. You agree that we have not failed to exercise ordinary care colely because we use an automated system to process items and don not inspect all items processed in such a manner. We reserve the right not to inspect each item because using an automated process helps us keep costs down for you and all account holders. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insifficient available funds.

CHECK CASHING. We may charge a 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 such 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.

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 internal 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.

REMOTELY CREATED CHECKS. 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. For example, if a person provides an account number in response to a telephone solicitation, the telephone solocitor can use the account number to issue a remotely created check to withdraw money from the account.

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 accounts to pay the amount you owe us and if there are insufficient funds in your account, you still owe us the remaining balance.

UNLAWFUL INTERNET GAMBLING NOTICE. Restricted transactions as defined in Federal 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.

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 on us regardliess of by whom or by what means the facsimile signature(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.

Electronic Fund Transfer Agreement
Electronic Fund Transfer AgreementPreauthorized credits. Certain direct deposits may be accepted into your checking or savings account(s).Preauthorized payments. Certain recurring bills may be debited automatically from your checking account.Telephone Transfers-Types of Transfers. Your account is accessible by telephone also. You will need your account numbers, Social Security number, and your name to transfer funds from:– Checking to checking – Checking to savings – Savings to checking – Savings to savingsOr to make payments from:– Checking to loan accounts with us – Savings to loan accounts with usOr to get information about account balances of checking, savings, loan, and Ready Reserve accounts.Please see the Limitations on frequency of transfers section regarding the limitations that apply to telephone transfers.ATM Transfers-Types of Transfers. You may also access your account(s) by ATM using your ATM card and PIN (personal identification number) to do the following:– Make deposits to checking account(s) – Make deposits to savings account(s) – Get cash withdrawals from checking account(s) – Get cash withdrawals from savings account(s) – Transfer funds from savings to checking account(s) – Transfer funds from checking to savings account(s) – Make payments from checking account(s) with an ATM card to First Bank of BaldwinNotice regarding ATM fees by others. You may be charged a fee by the operator of the machine and/or by an automated transfer network if you use an ATM that is not operated by us.Some of these services may not be available at all ATM terminals. Please see the Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.Types of Instant Cash & Check Debit Card Transactions. You may access your checking account(s) to purchase goods in person or by phone.

Instant Cash & Check Debit Card Transaction-Dollar Limitations. When your application is approved, your daily dollar limit on your card will be assigned. Please also see the Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.

Limitations on frequency of transfers. The following limitations also apply in addition to those limitations elsewhere described, if any. There is a limit of six transfers (preauthorized, automatic, or telephone transfers) from a money market account to another account per statement cycle with no more than three by check, draft, or similar order to third parties.

Fees

– We do not charge for direct deposits to any type of account. – We do not charge for preauthorized payments from any type of account. – Please refer to our separate fee schedule for additional information about fees. – Except as indicated elsewhere, we do not charge for these electronic fund transfers.

Documentation

Terminal Transfers. At the time you make any transfer to or from your account using one of our Automated Teller Machines (ATMs) or Point-of-Sale terminals, you can get a receipt immediately.

Preauthorized credits. If you have direct deposits made to your accounts you can call 1st Line at (855) 368-6528 and the automated phone system will inform you if the direct deposit has been made, or call us at (715) 684-3366 and we’ll inform you.

Periodic statements. You will get a monthly account statement from us for your checking accounts and a monthly account statement from us for your savings accounts that are ATM accessible. For savings accounts without an ATM card, you will only get a monthly account statement from us if you have electronic transfers in that particular month.

Preauthorized Payments

Right to stop payment and procedure for doing so. You can stop any payments that you previously told us to take out on a regular basis. Here is how: contact us in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days.

Notice of varying amounts. If the amount of the regular payment varies, the person you are going to pay will tell you when it will be made and how much it will be at least ten days before payment. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set).

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages. There are exceptions, however; we will not be liable for the following:

If you do not have enough money in your account to make the transfer;

– If you have an overdraft line and the transfer would go over the credit limit; – If the ATM where you are making the transfer does not have enough cash; – If the terminal or system was not working properly and you knew about the breakdown when you started the transfer; – If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; and – There may also be other exceptions stated in our agreement with you.

Confidentiality

– We will disclose information to third parties about your account or the transfers that you make only: – When it is necessary for completing transfers; – In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; – In order to comply with government agency or court orders; or – If you give us written permission.

Unauthorized transfers Consumer liability. You must notify us at once if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You can lose no more than $50.00 if you fail to give us notice of a lost or stolen card and/or code. If you do give us notice of a lost or stolen card and/or code, you will be liable for the lesser of one of the two of the following:

– $50.00 or – The amount of any money, property, or services obtained by unauthorized use of the card and/or code before you give us notice. – Also, tell us at once if your statement shows transfers that you did not make. You have 60 days after the statement was mailed to you to inform of us any errors. You may not get back any money you lost after the 60 days if we can prove that we could have solved this problem sooner had we been informed.

There are a few circumstances, such as a long trip or a hospital stay, under which we will extend the 60-day period.

Additional Limits on Liability for Instant Cash & Check Card, when used for Point-of-Sale transactions. Unless you have been very negligent or fraudulent, you will not be held liable for any unauthorized transactions using your lost or stolen Instant Cash and Check Card. This additional limit on liability does not apply to ATM transactions, to transactions using your PIN which are not processed by Visa, or to commercial cards.

Contact in the event of an unauthorized transfer. If you believe your card and/or code has been lost or stolen, or that someone has transferred money from your account without your permission, contact us as soon as possible.

Error resolution notice. Contact us as soon as possible in case of errors or questions about your electronic transfer. If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, we must hear from within 60 days after we sent the first statement on which the problem or error appeared.

– Tell us your name and account number. – Describe the error or the transfer and explain clearly why you believe it is an error or why you need more information. – Tell us the dollar amount of the questionable error. If you tell us orally, we may require that you send us your complaint question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (5 business days for Instant Cash & Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Instant Cash & Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. If we determine there was no error after we finish our investigation, we will send you a written explanation within three business days. You may ask for copies of the document that we used in our investigation.

 

FIRST BANK OF BALDWIN BOOKKEEPING DEPARTMENT 990 MAIN STREET BALDWIN, WI 54002 Business Days: Monday through Friday Excluding Federal Holidays Phone: (715) 684-3366

First Bank of Baldwin Regulation CC Funds Availability

Your ability to withdraw funds. This document applies to “transaction” accounts and savings accounts. The definition of transaction accounts are accounts that permit an unlimited number of the following: payments to third persons, telephone transfers, and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Please ask us whether any of your other accounts might also be under this policy.

It is our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.

Please note that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid. You are also responsible for any other problems concerning your account.

Determining the availability of your deposits. Every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit on a business day that we are open, we will consider that day to be the day your deposit was made. However, if you make a deposit on a day that we are not open we will consider that the deposit was made the next business day that we are open. If you make a deposit at an ATM before 12:00 noon on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after 12:00 or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Longer delays may apply.

Case-by-case delays. In some circumstances, all of the funds that you deposit by check will not be made available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. The first $200.00 of your deposits, however, may be available on the first business day.

We will notify you at the time that you make your deposit if we are not going to make all of the funds from your deposit available on the first business day. We will also tell you when the funds will be available. If your deposit is not made directly to one of our financial institution employees or if you already left the premises when this action was decided, we will mail you the notice by the day after we receive your deposit. Please ask us when the funds will be available if you will need the funds from a deposit right away.

Safeguard exceptions. Under the following circumstances, funds you deposit by check may be delayed for a longer period:

– We believe a check you deposit will not be paid;
– You deposit checks totaling more than $5,000.00 on any one day;
– You redeposit a check that has been returned unpaid;
– Your account has been overdrawn repeatedly in the last six months; or
– There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special rules for new accounts If you are a new customer at our financial institution, the following special rules may apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfer, and the first $5000.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our financial institution employees, the first $5,000.00 will not be available until the second business day after the day of your deposit.

Funds from deposits of checks drawn on First Bank of Baldwin will be available on the same business day as the day of your deposit.

Funds from all other check deposits may be available on the ninth business day after the day of your deposit.

USA Patriot Act Notification

USA PATRIOT ACT NOTICE

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT

As a result of the 9/11 terrorist attacks, Congress enacted the USA PATRIOT Act. This Act, which is designed in part to fight the funding of terrorism and money laundering activities, includes a provision requiring all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What the identification requirements mean for you:

When you open an account, we will ask for your name, address, date of birth, and other information that will allow the financial institution to identify you. They may also ask to see your driver’s license or that you provide other identifying documents. They will verify the identity information that you provide. The means of verification are varied and may include the use of credit reports and similar information sources.

Please remember that these identification requirements:
  • are mandated by law;
  • are intended to help combat terrorism and other attempts to use our country’s financial systems for improper purposes; and
  • help protect you from identity theft.