Account Agreement

PLATTE VALLEY BANK DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE

(This agreement shall be effective as of January 1, 2012)
 

I. INTRODUCTION.

In this Deposit Account Agreement and Disclosure, each and all of the depositors are referred to as "you" and "your" and the Financial Institution at which you maintain one or more deposit accounts is referred to as "we", "our", and "us". This Deposit Account Agreement and Disclosure contains the terms and conditions governing certain of your deposit accounts with us. As used in this document, the term "Agreement" means this document, the signature card, a Rate and Fee Schedule (the "Schedule"), Truth in Savings Disclosures, a Funds Availability Policy Disclosure, a Privacy Policy Notice, an Electronic Funds Transfer Agreement and Disclosure and any other disclosures provided to you, if applicable. Each of you signing the Signature Card for a deposit account acknowledges receipt of the Agreement and agrees to the terms set forth in the Agreement, as amended from time to time. You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or subsequent thereto on a one time basis or for any period or duration, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we are not obligated to provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. In establishing an account with us, you acknowledge and agree that our relationship with you is that of debtor and creditor and that we are in no way acting as a fiduciary for you or for your benefit, even if your account is titled as a “trust account” or similar designation. You should READ and RETAIN this Agreement so that you can refer to it whenever you have a question about your account.

II.CERTAIN DEFINED TERMS. As used in this document, the following terms have the meanings set forth below:

(A) “Average daily balance method” means the application of a periodic rate to the average daily balance in the account for the period, determined by adding the full amount of principal in the account for each day of the period and dividing that figure by the number of days in the period.

(B) “Costs” means all losses, costs, damages, fees, fines, expenses and other liabilities we incur, (including, without limitation, attorneys’ fees and the costs and expenses of collection, litigation, arbitration or other dispute resolution (whether at trial or on appeal) to the extent permitted by law and regardless of whether initiated by you, by us, or by a third party).

(C)“Claims” means all claims, actions, suits and other proceedings (in each case, whether groundless or otherwise, whether initiated by you, by us or by a third party, and whether initiated before or after your Account is closed and/or the Agreement is terminated) and any resulting judgments,  awards, orders, fines and penalties.

(D) “Daily balance method” means the application of a daily periodic rate to the full amount of principal in the account each day.

(E) “Item” includes all orders and instructions for the payment, transfer or withdrawal of funds from an Account. Unless the context otherwise requires, the item includes, without limitation, checks, substitute checks, purported substitute checks, drafts, warrants demand drafts, remotely created checks, remotely created consumer checks, image replacement documents, indemnified copies, preauthorized drafts, preauthorized  payments, electronic transactions (including ACH , ATM and POS transactions), automatic transfers, telephone - initiated transfers, online banking

transfers or bill payment instructions, withdrawal slips, in-person transfers or withdrawals, cash tickets, deposit adjustments, and other orders or instructions for the payment, transfer, or withdrawal of funds and images, digital images or photocopies of any of the foregoing. Item also includes

any written document created or authorized in your name that would be a check or draft but for the fact that it has not been signed.

III. DATE ACCOUNT OPENED. If you open an account with us on a non-business day that we are open, we will consider that the transaction was

made at the opening of the next business day for account opening, effective date and issue date purposes.

IV. DEPOSIT ACCOUNTS. From time to time, we may offer or you may open a variety of deposit accounts. Each such account (the "Account") is

subject to the general terms and conditions and any specific terms and conditions relating to that type of account that may be set forth in this

Agreement. If you open multiple Accounts, you may receive Schedule information for each Account, but this Agreement will cover all of your Accounts with us. Each of you will be jointly and severally liable to us for debit balances in the Account (including, without limitation, overdrafts

and Account charges) and jointly and severally promise to pay, upon demand, any and all debit balances, all fees and charges, and all Costs.

FULL ACCOUNT AGREEMENT