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Version 09/2020Account Agreement and DisclosureTerms and Conditions of YourAccountWith respect to an account or accounts(“Account”) held at MidFirst Bank, a federallychartered savings association (“MidFirst”),each person who is named as the owner oris authorized to withdraw funds (“you” or“your,” whether one or more) and MidFirst(“we,” “our” “us” or “Bank”) all agree to thefollowing:1. AGREEMENT. Your Account is subject toterms and conditions that we adopt from timeto time. This Account Agreement andDisclosure (“Agreement”) describes thecurrent terms and conditions. By signing theNew Account Information, Receipt ofCertificate of Time Deposit, or by clicking theappropriate checkbox and submitting youronline application you acknowledge that youhave opened the type of account indicatedon the applicable account opening documentand you received, understand and agree tobe bound by the terms and conditions of thisAgreement. You have been provided anaccount disclosure and a fee schedule (“FeeSchedule”), which are incorporated into thisAgreement. If you have elected to obtainother services ancillary to your Account, theagreements for those ancillary services alsoare incorporated into and made a part of thisAgreement. We may alter, amend, orrescind, for any reason, any part of theseterms and conditions (or any other Accountrelated agreement or documentation), or addnew terms, at any time. We will give noticeof any such changes that may adverselyaffect you by: (a) posting the same in aconspicuous place in the lobbies of our mainoffice and each of our branches; (b) sendingwritten notice thereof to you at the mostrecent address indicated on our records; or(c) sending notice to you by electronic mail,as permitted by applicable law, at the mostrecent electronic mail address indicated onour records. We have no obligation to notifyyou of changes to the features of yourAccount that do not adversely affect you inany way. We may immediately implementchanges required by law or regulation or toprotect the security of your Account or oursystem. When necessary, notice of suchMidFirst BankAccount Agreement and Disclosurechanges will follow implementation. Yourcontinued use of the Account afterimplementation of changes or followingnotice of changes to this Agreement asdescribed above signifies your continuedacceptance of this Agreement and allchanges and amendments hereto.AllAccount signers authorize us to makeinquiries from any consumer reportingagency in connection with this Account. Wereserve the right and may close an Accountat any time for any reason. You may closeyour Account at any time for any reason,subject to any prior advance noticerequirements related to the particularaccount, early Account closure fees and ourFunds Availability Policy.2. LAWS, RULES, AND REGULATIONS.The Account, including deposits to andwithdrawals therefrom, is governed by: (a)the laws and regulations of the United Statesapplicable to federal savings associationsand, to the extent applicable, the law of thestate in which the Account is deemed by usto have been opened; (b) the rules,regulations and orders of the Office of theComptroller of the Currency, the FederalDeposit Insurance Corporation, the rules andoperating procedures of Federal ReserveBanks and of any clearing house associationof which we are or may become a member orthrough which we may send items forcollection; and (c) all provisions posted onour premises, enclosed with statements ofAccount or contained in our bylaws; all asnow in effect or as may in the future beissued, modified or amended. Ourobligations pursuant to law, regulation orpolicy applicable only to consumer Accountsshall not apply to business or commercialAccounts. Activity in consumer Accounts isexpected to be for consumer purposes.Business or commercial activity should notbe conducted in consumer Accounts.Transactions restricted under UnlawfulInternet Gambling Enforcement Act (UIGEA)are prohibited and should not be processedthrough your Account.3. ACCOUNT OWNERSHIP. Other thanthose persons identified as authorizedsigners, agents or fiduciaries, the persons orentities identified on the Account Signaturemidfirst.com888-MIDFIRST (643-3477)Card or during the online application processas owners are the owners of the Account. Ifmore than one person is identified, eachindicated person named is an owner andsuch ownership shall, for the purpose of thisAgreement be deemed to be owned by suchpersons as joint tenants with full rights ofsurvivorship. Business, fiduciary, andassociation Accounts are held under theterms of documents submitted to us by theperson(s) opening the Account If the Accountis a Payable on Death (“POD”) account, theAccount shall be payable on the death of thelast Account owner to one or moredesignated POD beneficiaries, if living, and ifnot living, to the named estate of thebeneficiary. If more than one beneficiary isdesignated by the Account owner(s), thebeneficiaries, if living, and if not living, thenamed estate of the beneficiaries, shallshare equally in the amount payable ondeath of the last Account owner. Personswho are identified during the onlineapplication process as authorized signers orwhose signatures appear on your applicableaccount opening or related Accountdocuments have the individual authority towithdraw funds from your Account. Anyperson who is authorized to withdraw fundsbut who is not the owner of an Account willbe considered an agent of the owner of theAccount, with the unlimited right to deal withthe Account on behalf of the Account owner.We have no duty to inquire as to the authorityof an agent to deal with the Account, and wehave no liability for permitting an agent towithdraw funds from an Account, regardlessof the manner of withdrawal or recipient ofthe funds.4.AUTHORIZEDSIGNATURE.ForAccounts opened in person, your signatureon the applicable account opening or relatedAccount documents, such as the NewAccount Information or Receipt of Certificateof Deposit, is your authorized signature foryour Account. For Accounts opened online,the signature of any authorized signeridentified during the online applicationprocess is an authorized signature for yourAccount. For the payment of funds and forother purposes relating to any Account youhave with us, we are authorized to recognizePage 1 of 1313131313
your signature, but we will not be liable to youfor refusing to honor your checks or othersigned instructions if we believe in good faiththat the signature appearing on such checksor instructions is not genuine. We may honorany check or other item drawn against theAccount so long as it contains at least oneauthorized signature. In addition, we mayask for a form of identification fortransactions processed in person forauthentication purposes. In the event of aforgery, we shall not be liable if a “reasonableperson” who is similarly situated could nothave detected the forgery. Signatures byfacsimile or electronic means may be givenfull force and effect, without any obligation byus to verify the accuracy thereof. Unlessdesignated on your Account, we may honorany check or other signed instruction thatbears or appears to bear your signature evenif it was made or presented by anunauthorized person or with a counterfeitfacsimile, electronic, or other signature. Youshould maintain close control over yourfacsimile or electronic signature device orstamps and promptly review your statementsand cancelled checks for unauthorized use.You agree to hold us harmless from any andall claims and damages that arise basedupon said facsimile or electronic signatures.If you authorize any person to sign yourname or otherwise draw against yourAccount, we may honor any withdrawalsigned by or authorized by that personwhether or not it exceeds the authority yougranted.5. CUSTOMER IDENTIFICATION. Asrequired by federal statute and regulationand by our policy, we may require and mayverifycertaininformationregardingindividuals at Account opening and asotherwisedeemednecessary.Thisinformation may include complete customername, residential or business address,mailing address if different, tax payeridentification number, date of birth,government issued photo identification, andother information as may be required bygovernment laws or regulations or as may bedeemed appropriate to verify your identity asthe customer. This information may berequired for all individuals who are deemedowners of the Account, acting as agent onbehalf of the Account owner, named asbeneficiary on the Account, or otherwiseMidFirst BankAccount Agreement and Disclosureassociated with the Account regardless ofmanner. In order to comply with regulatoryrequirements, we may require identifyinginformation regarding the beneficial ownersof our legal entity customer. Account accessor proceeds of Accounts opened withoutrequired information or subject to informationverification may be restricted until suchinformation is obtained and/or verified. Wemay close an Account at any time for anyreason, including but not limited toidentification information deemed by us, inour sole discretion, to be insufficient orunverifiable.6. OUR LIABILITY. We have no obligationsor liabilities to you other than those imposedby law or specifically provided herein. Anyduty of care imposed on us by law will befulfilled if the procedures established for thetransaction involved are reasonable. We willhave no liability for clerical error,inadvertence or oversight, or an honestmistake of judgment. We have no obligationto verify the accuracy of any information orinstructions you provide.7. RIGHT TO OFFSET. We may, at any timeat our discretion, and with notice to you, senteither prior to or after the event, apply anypart or all of the balance of your Account tofees or any other debt, matured orunmatured, that you or any other Accountowner may then owe to us. Accounts subjectto our right of offset include Accounts held atany of the Bank’s divisions, including but notlimited to 1st Century Bank, Monifi, and VioBank, and debts owed to Bank include thoseobligations owed to any of our divisions.8. MINOR ACCOUNTS. If the Account hasbeen opened in the name of an individual ofless than eighteen (18) years of age(“Minor”), we may, in our sole discretion,waive the standard transaction fee, Accountmaintenance fees and any other fees orcharges that we deem appropriate during thetime the Minor is under age eighteen (18).Upon the Minor reaching eighteen (18) yearsof age, if we previously waived such fees, wewill commence assessing the standardtransaction fees, Account maintenance feesand any other fees or charges that are setforth in the Fee Schedule in effect on the datethe Minor reaches the age of eighteen (18)years of age, and as the Fee Schedule maybe amended from time-to-time thereafter.midfirst.com888-MIDFIRST (643-3477)Upon the Minor reaching age eighteen (18)and thereafter, you agree to pay all standardtransaction fees, Account maintenance feesand any other fees and charges regularlycharged for similar Accounts. We maypermit a minor Account owner to withdrawfunds during minority without the signature ofa parent even if the parent is also an ownerof the Account.9. FEES AND CHARGES. We may assesssuch transaction and Account maintenancefees and other charges and in such amountsas may be permitted by law. A separate FeeSchedule has been provided (see paragraph1). We may amend this Fee Schedule fromtime to time. You agree to pay immediatelyany applicable fees and charges and anyexpenses we may incur in collection ofamounts you owe us or in collection of itemsdeposited with us for deposit to yourAccount, including, but not limited to, anycourt costs and attorneys’ fees, and we maycharge your Account to pay these fees,charges, and expenses. If at any time we arerequired to engage the services of financialor legal counsel (i.e., an attorney or anaccountant) to resolve issues related to anAccount, you will pay to us on demand thefees and costs we incur.10. YOUR CONTACT INFORMATION. Youwill keep us advised of any change of youraddress. Any notice or Account statementmailed by us to the last address given to usby an owner of the Account will be deemedsufficient. Address change requests aresubject to identity verification and must beprovided with sufficient time for us to processthe change of address. If you provide aphone number to us, you expressly agreeand consent to be contacted by us and anyof our agents, affiliates, contractors,successors or assigns (collectively “us”) atthis phone number (including mobile,cellular, wireless or similar devices), for anylawful purpose such as for information,servicing or collection purposes. The waysin which we may contact you include liveoperator, automatic telephone dialingsystems (auto-dialer), prerecorded andartificial voice message and text/SMSmessage. You authorize these contacts byvoice or text even if the number is a mobilephone number or converts to a mobile phonenumber, and even if you are charged by yourservice provider. You authorize us (but wePage 2 of 1313131313
are not obligated) to monitor, sandelectroniccommunications between you (includingyour purported authorized representatives)and us. Accordingly, you agree on behalf ofyourself, and your employees and agentsthat we may monitor and record yourtelephone and electronic communications inconnection with your Account at any time.Unless required by applicable law, we maymonitor and record these communicationswithout further notice. You agree that wemay produce the telephonic or electronicrecordings or computer records as evidencein any proceedings brought in connectionwith the Agreement, and you herebyacknowledge the validity and enforceabilityof such telephonic or electronic recordings. Ifyou provide us with an email address, or ifyou send us an email, you agree that we maycontact you at that email address.11. OUR RIGHTS. We may at any time, andin our sole discretion with or without prio
limited to 1st Century Bank, Monifi, and Vio Bank, and debts owed to Bank include those obligations owed to any of our divisions. 8. MINOR ACCOUNTS. If the Account has been opened in the name of an individual of less than eighteen (18) years of age (“Minor”), we may, in our sole discretion, waive the standard transaction fee, Account maintenance fees and any other fees or charges that we .
