Direct Accounts Terms and Conditions
TABLE OF CONTENTS
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PRIVACY........................................................................................................................................................................ next page
TERMS AND CONDITIONS OF YOUR ACCOUNT..................................................................................................................... 3
Important Information About Procedures for Opening a New Account......................................................................................... 3
Agreement.................................................................................................................................................................................... 3
Liability.......................................................................................................................................................................................... 3
Deposits........................................................................................................................................................................................ 4
Withdrawals .................................................................................................................................................................................. 4
OVERDRAFT DISCLOSURE....................................................................................................................................................... 5
Ownership of Account and Beneficiary Designation..................................................................................................................... 7
Business, Organization and Association Accounts....................................................................................................................... 7
Stop Payments ............................................................................................................................................................................. 7
Telephone Transfers ..................................................................................................................................................................... 8
Amendments and Termination...................................................................................................................................................... 8
Correction of Clerical Errors ......................................................................................................................................................... 8
Notices.......................................................................................................................................................................................... 8
Statements ................................................................................................................................................................................... 8
Account Transfer .......................................................................................................................................................................... 9
Reimbursement of Federal Benefit Payments.............................................................................................................................. 9
Temporary Account Agreement .................................................................................................................................................... 9
Setoff ............................................................................................................................................................................................ 9
Agency (Power of Attorney) Designation...................................................................................................................................... 9
Restrictive Legends or Indorsements ......................................................................................................................................... 10
Facsimile Signatures .................................................................................................................................................................. 10
Check Processing....................................................................................................................................................................... 10
Check Cashing ........................................................................................................................................................................... 10
Indorsements.............................................................................................................................................................................. 10
Death or Incompetence .............................................................................................................................................................. 10
Fiduciary Accounts...................................................................................................................................................................... 11
Credit Verification........................................................................................................................................................................ 11
Legal Actions Affecting Your Account.......................................................................................................................................... 11
Account Security......................................................................................................................................................................... 11
Instructions From You ................................................................................................................................................................. 11
Monitoring and Recording Telephone Calls and Account Communications ............................................................................... 12
Claim of Loss.............................................................................................................................................................................. 12
Early Withdrawal Penalties......................................................................................................................................................... 12
Changes in Name and Contact Information ............................................................................................................................... 12
Resolving Account Disputes ....................................................................................................................................................... 12
Waiver of Notices ....................................................................................................................................................................... 12
ACH and Wire Transfers............................................................................................................................................................. 12
International ACH Transactions .................................................................................................................................................. 13
Truncation, Substitute Checks, and Other Check Images.......................................................................................................... 13
Remotely Created Checks.......................................................................................................................................................... 13
Unlawful Internet Gambling Notice ............................................................................................................................................. 13
ARBITRATION AND WAIVER OF CLASS ACTION ................................................................................................................. 14
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES ..................................................................... 15
YOUR ABILITY TO WITHDRAW FUNDS.................................................................................................................................. 19
LIMITATION OF TIME TO COMMENCE ACTION AGAINST US.............................................................................................. 20
TRUTH-IN-SAVINGS DISCLOSURE......................................................................................................................................... 20
Direct Checking Account ............................................................................................................................................................ 20
Direct Savings Account............................................................................................................................................................... 20
Common Features...................................................................................................................................................................... 20
Rev. June 2023
WHAT DOES STOCKMAN FACTS FINANCIAL CORPORATION DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the
right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and
protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with
us. This information can include:
} Social Security number and Account balances
} Account transactions and Insurance claim history
} Credit history and Investment experience
How? All financial companies need to share customers' personal information to run their everyday business. In
the section below, we list the reasons financial companies can share their customers' personal
information; the reasons Stockman Financial Corporation chooses to share; and whether you can limit
this sharing.
Reasons we can share your personal information Does Stockman Financial Can you limit this sharing?
Corporation share?
For our everyday business purposes - Yes No
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes - Yes No
to offer our products and services to you
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes - Yes Yes
information about your transactions and experiences
For our affiliates' everyday business purposes - Yes Yes
information about your creditworthiness
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you No We don't share
To limit our } Call 1-877-300-9369 - our staff will accept your choice(s)
sharing Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we sent this
notice. When you are no longer our customer, we continue to share your information as described in this
notice.
However, you can contact us at any time to limit our sharing.
Questions? Call 1-877-300-9369 or go to www.stockmanbank.com
Privacy Model Disclosure PRIV-MODEL 8/1/2010
-2010 Wolters Kluwer Financial Services, Inc.
All rights reserved. 2019.11/6342 202044268 Custom EPRV6342
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Who We Are
Who is providing this notice? Stockman Bank of Montana, Stockman Insurance, Inc., Stockman Wealth
Management, Inc., and Stockman Exchange, Inc.
What We Do
How does Stockman Financial To protect your personal information from unauthorized access and use, we use
Corporation protect my personal security measures that comply with federal law. These measures include computer
information? safeguards and secured files and buildings.
How does Stockman Financial We collect your personal information, for example, when you
Corporation collect my personal } Open an account or apply for a loan
information? } Apply for insurance or give us your contact information
} Enter into an investment advisory contract
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only
} sharing for affiliates' everyday business purposes - information about your
creditworthiness
} affiliates from using your information to market to you
} sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
What happens when I limit Your choices will apply to everyone on your account.
sharing for an account I hold
jointly with someone else?
Definitions
Affiliates Companies related by common ownership or control. They can be financial and
non-financial companies. Our affiliates include financial companies such as:
} Stockman Bank of Montana
} Stockman Wealth Management, Inc.
} Stockman Insurance, Inc.
} Stockman Exchange, Inc.
Nonaffiliates Companies not related by common ownership or control. They can be financial and
non-financial companies.
} Stockman Financial Corporation does not share with nonaffiliates so they can
market to you.
Joint Marketing A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
} Stockman Financial Corporation doesn't jointly market.
TERMS AND CONDITIONS
OF YOUR ACCOUNT
IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS. READ IT
CAREFULLY AND CONSULT LEGAL COUNSEL BEFORE SIGNING. THIS CONTRACT REQUIRES YOU TO WAIVE
RIGHTS TO LITIGATE CERTAIN ISSUES AND TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST STOCKMAN
BANK. IN LIEU OF THOSE RIGHTS AND LITIGATION PROCESSES, THIS CONTRACT REQUIRES YOU TO ARBITRATE
CERTAIN DISPUTES UNLESS YOU FOLLOW THE PROCEDURE TO OPT-OUT OF THE WAIVER AND ARBITRATION
AGREEMENT PROVISIONS BY FOLLOWING THE PROCESS SET FORTH BELOW. SEE “ARBITRATION AND WAIVER
OF CLASS ACTION” ON PAGE 14 BELOW.
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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - 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.
AGREEMENT - 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 the state of Montana 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 relationship 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 an account, has a present right, subject to
request, to payment from the account other than as a beneficiary or agent.
LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the
terms of this account and the schedule of charges. You authorize us to deduct these charges, 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) 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 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 extent 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
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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.
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 attempt 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. If you deliver a deposit to us and you will not be present when the deposit is counted,
you must provide us an itemized list of the deposit (deposit slip). To process the deposit, we will verify and record the deposit
and credit the deposit to the account. If there are any discrepancies between the amounts shown on the itemized list of the
deposit and the amount we determine to be the actual deposit, we will notify you of the discrepancy. You will be entitled to credit
only for the actual deposit as determined by us, regardless of what is stated on the itemized deposit slip. 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.
WITHDRAWALS -
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 opportunity 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 request 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.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction
is a transaction where a check or similar item is 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 have 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.
Important information regarding “decoupled” cards - Decoupled debit cards are debit cards offered or issued by an
institution or merchant other than us. As part of the issuing process, you provide the decoupled debit card issuer with the
information it needs to link the decoupled debit card to your account with us. Once this is done, you can typically use the
decoupled debit card as you would any other debit card. Importantly, however, while transactions initiated with these
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decoupled debit cards may originate as debit card transactions paid by the card issuer, we receive and process them as ACH
transactions. Additionally, you need to refer to your agreement with the decoupled debit card issuer to understand the terms of
use for that card. Thus, when our documentation refers to “debit cards,” “everyday debit card transactions,” or “one-time debit
card transactions,” we are referring to debit cards issued by us, not decoupled debit cards issued by other institutions or
merchants. Different payment types can use different processing systems and some may take more or less time to post.
Knowing which card you are using and how the transaction is processed can help you manage your finances, including
helping you to avoid overdraft fees.
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.
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OVERDRAFT DISCLOSURE
This Overdraft Disclosure contains important information regarding your account balance; how payment and deposit
transactions are posted to your account; when we consider your account to be overdrawn, and the fees you may be charged if
your account is overdrawn. Please read it carefully. If you have questions, please see a branch representative or
call 833-919-0844.
When we use the word “overdraft” that means there is not enough money in your “available” balance at the time the
transaction was authorized and there is not enough money in your “actual” balance to cover a transaction when it “posts” or is
submitted to us for payment. Overdrafts may be caused by checks, electronic bill payments or automated clearing house
(ACH) payments, recurring and nonrecurring debit card payments, ATM withdrawals or transfers, telephone payment transfers
and Zelle payments.
To avoid an overdraft in your Checking Account, you may elect to have funds transferred to your Checking Account from an
Overdraft Line of Credit or Demand Deposit Loan (grandfathered accounts only), subject to the terms and conditions of the
Overdraft Line of Credit. You may also elect to have funds transferred from a separate deposit account (such as a Savings
account or Money Market Account). Should an overdraft occur and you have signed up for one of our overdraft protection
services, then we will first attempt to authorize and pay the item by transferring funds to your Checking Account from an
Overdraft Line of Credit, Demand Deposit Loan, or other deposit account. There may be a fee for transfers from another
deposit account as set forth in the current version of our Fee Schedule. The fee may apply even if the amount of the transfer
does not cover the overdraft.
If you have not signed up for overdraft protection or funds are not available in any of the above accounts when a transaction is
presented to us, then we may either reject the transaction or we may, at our discretion, elect to pay it using our standard
overdraft service. Balance Booster is an overdraft service which authorizes us to pay for ACH payments, checks payments
and recurring debit card payments which overdraw your account. If you want us to pay overdraft ACH payments, check
payments and recurring debit card payments you must enroll in Balance Booster. If you want us to pay overdraft nonrecurring
debit card payments you must opt in, separately, for Balance Booster to apply to these payments.
Should we elect to pay an overdraft with our standard overdraft service or our Balance Booster service, then you will be
charged an overdraft fee as provided in the current version of our Fee Schedule. We do not charge fees if a payment
transaction is returned unpaid or is declined.
YOUR ACCOUNT BALANCES - Your checking account has two balances: the actual balance and the available balance. Your
actual and available balances may be checked when you call customer service or visit a branch. Your available balance may
also be checked when you review your account online, use our app, or use Stockman Bank owned and branded ATMs (please
note that while the ATM screen may say Total Balance or simply Balance, the amount displayed is your available balance). It
is important to understand how the two balances work so that you know how much money is in your account to use at any
given time. This section explains the two balances and how they work.
Your actual balance, which is also the balance reflected on your account statement, is the full amount of all deposits to your
account (even though some portion of a deposit may not be available to you or may be pending receipt of funds from a third
party) less payment transactions that have actually been presented to us for payment and have "posted" to your account. It
does not, however, include preauthorized commitments to pay merchants that are pending settlement (i.e., have not yet been
paid or posted to your account), nor checks or other deposits that have not yet posted. Thus, while the term "actual" may
sound as though the amount you see is an up-to-date balance and is what is in your account that you can spend, that is not
always the case. For example, if you have a $50 actual balance, but you just wrote a check for $40, your actual balance
remains $50 as it does not reflect the $40 check transaction until it is received by the bank and posted to your account. Until
that occurs, you have $50 as your actual balance, even though you have already spent $40.
Your available balance is the amount of money in your account that is immediately available for use. It is the actual balance
less holds placed on deposits, less debit-card payment commitments that we have authorized but have not yet posted to your
account, and less other holds on funds, such as a garnishment. For example, assume you have an actual balance of $50 and
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an available balance of $50. If you were then to swipe your debit card at a merchant to buy groceries for $20, that merchant
could ask us to authorize the payment. If we do so, then we are obligated to pay the merchant, even if your actual balance is
negative at the time the debit card payment is presented to us by the merchant, so we will reduce your available balance by
the amount of the "pre-authorization commitment," (in this example, $20). Your actual balance would still be $50 because this
transaction has not yet posted, but your available balance would be $30 because you have a commitment to pay the
merchant $20. When the merchant submits the transaction for payment (which could be several days later), your actual
balance will be reduced by the amount of the posted transaction (in this example, $20) and both your actual and available
balance will be $30.
1. WHEN IS YOUR ACCOUNT OVERDRAWN? Your account is overdrawn if both your available balance at the time a
transaction is authorized (if applicable) and your actual balance at the time a transaction is posted are insufficient to cover the
amount of the transaction. The following example illustrates how this works. Again, assume your actual balance and available
balance are both $50, and you swipe your debit card at a merchant for $20. The merchant requests a pre-authorization
commitment. Because you have $50 available, we will likely authorize the payment and will reduce your available balance to
$30. Your actual balance will still be $50. Before the merchant transaction is sent to us for payment, a check that you wrote for
$40 clears. Because you have only $30 available (you have a commitment to pay the merchant $20), the check will cause
your available balance to be negative by $10 but your actual balance will still be $50. In this case, we may pay the $40 check,
and you will not be charged an overdraft fee for the $40 transaction, because your actual balance is enough to cover the
amount of the check transaction. (If the check was for $60 instead, you would be charged an overdraft fee because it exceeds
the actual balance.) However, when the merchant presents the $20 charge for payment, your actual balance, which is now
only positive $10, will be insufficient to cover the $20 transaction. In this situation, you will not be charged an overdraft fee for
the $20 transaction because your available balance (without overdraft tolerance) was sufficient at the time the transaction was
authorized. We will only charge an overdraft fee on debit card signature transactions when the available balance is not
sufficient at the time a transaction is authorized and your actual balance is insufficient at the time the transaction is posted to
your account.
Your available balance (plus any overdraft tolerance applicable to your account) is used to determine whether we will
authorize a transaction. Your check and ACH transactions are authorized and paid when we receive them for payment. Your
debit-card transactions are authorized when you swipe your card at a merchant or when you provide your debit card to an
online merchant. Your debit card transactions may not be paid until days after they are authorized.
IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE
ACTUAL AND AVAILABLE BALANCES APPEAR TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A
TRANSACTION THAT YOU WANT TO MAKE. Your actual and available balance may not reflect all of your outstanding
checks, automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from
your account. In the example above, the outstanding check will not be reflected in either of your account balances until it is
presented to us and paid from your account. Your available balance also may not reflect recent deposits to your account that
are subject to “holds” as described below in “Your Ability to Withdraw Funds.” Your account balances also may not reflect all
of your pending debit-card transactions. For example, if a merchant obtains a pre-authorization commitment but does not
submit a one-time debit card transaction for payment within three (3) business days after pre-authorization, we may increase
your available balance by the amount of the pre-authorization commitment or hold. This means that your available balance
will not reflect the pending transaction until the transaction has been received by us and paid from your account (i.e.,
posted). (Note that this commonly happens with certain types of pre-authorized commitments, such as car rentals and
international purchases, depending on the merchant.) Even though we may increase your available balance when a
merchant does not submit the transaction for payment in a timely manner, the obligation to the merchant still applies. The
time period for the pre-authorization commitment may be different for certain types of merchants such as gas stations that
may have a pre-authorization commitment period of several hours, or for transactions or accounts that involve suspicious or
unusual activity.
We do not have to notify you if your account does not have sufficient actual balance in order to pay an item.
In addition, the amount of a pre-authorization commitment may differ from the actual payment because the final transaction
amount may not be known to the merchant when the merchant submits a pre-authorization request. For example, a restaurant
may request a pre-authorization commitment on your account for the amount of your bill, but when the transaction posts it
may be for an amount that includes a tip that you authorized. A difference in the amount may also happen when you use your
debit card or ATM card at gas stations, hotels, car rental companies, and other establishments. We cannot control how much
a merchant asks us to pre-authorize, or how long a merchant takes to submit a transaction for payment.
2. POSTING TRANSACTIONS TO YOUR ACCOUNT.
The two basic types of transactions for your account are: (i) credits (deposits) into your account, and (ii) debits (withdrawals or
payments) out of your account. We may receive multiple credit and debit transactions on your account in many different forms
throughout the day. At the end of each day, we post transactions to your account. Checks, drafts and other payment items
may not be processed in the order that you make them or in the order we receive them. In most cases, we will follow the order
explained below.
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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. The payment order can affect the number of items overdrawn or returned unpaid and the amount of fees you may
have to pay. We generally post transactions to your account in the following order from lowest dollar amount to highest dollar
unless otherwise stated:
1. All credits will be posted first;
2. Transactions received on prior days that were not processed and completed (for example, due to system limitations or
required review to determine appropriate handling);
3. Fees for one-time service (fee for the purchase of money order, wire transfer, cashier check, etc.);
4. Returned deposit items;
5. Branch initiated transactions (cash checks and withdrawals made at a Stockman Branch);
6. Online, mobile and telebank transactions;
7. Debit card transactions (Point of sale and recurring) and ATM card transactions;
8. Bill pay, decoupled card and ACH transactions (checks converted to ACH transactions by a merchant are processed
in check number order);
9. Telephone-initiated transactions;
10. Checks, excluding checks cashed at a Stockman Branch as noted above (Checks are posted in check number order);
11. Account Service Charges (service charges, overdraft fees, activity charges);
12. Tax withholding;
13. Customer-initiated automatic debit transfers.
3. MINIMIZING FEES. The best way to know the amount of available and actual funds you have and to avoid
paying overdraft fees is to record and track all of your transactions closely, including pre-authorization
commitments, outstanding checks, ACH debits, internet bill payments, online and mobile banking transfers and
other deposits and payments.
IF YOU DO NOT UNDERSTAND THIS DISCLOSURE, HAVE ANY QUESTIONS, OR WOULD LIKE MORE INFORMATION,
PLEASE CONTACT 833-919-0844.
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OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - The following rules apply to this account depending on
the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse
some forms of ownership and beneficiary designations on any or all of our accounts unless otherwise prohibited by law. 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 - Such an account is owned by one party.
Multiple-Party Account - Parties own the account in proportion to their net contributions unless there is clear and convincing
evidence of a different intent. However, any one party may withdraw the entire amount on deposit in the account.
RIGHTS AT DEATH - Single-Party Account - At the death of a party, ownership passes as part of the party’s estate.
Multiple-Party Account With Right of Survivorship - At death of party, ownership passes to surviving parties. If two or more
parties survive and one is the surviving spouse of the deceased party, the amount to which the deceased party, immediately
before death, was beneficially entitled by law belongs to the surviving spouse. If two or more parties survive and none is the
spouse of the decedent, the amount to which the deceased party, immediately before death, was beneficially entitled by law
belongs to the surviving parties in equal shares, and augments the proportion to which each surviving party, immediately
before the deceased party’s death, was beneficially entitled under law, and the right of survivorship continues between the
surviving parties.
Multiple-Party Account Without Right of Survivorship - At death of party, deceased party’s ownership passes as part of
deceased party’s estate.
Single-Party Account With Pay-on-Death Designation - At death of the party, ownership passes to the designated pay-ondeath
beneficiaries and is not part of the party’s estate.
Multiple-Party Account With Right of Survivorship and Pay-on-Death Designation - At death of last surviving party,
ownership passes to the designated pay-on-death beneficiaries and is not part of the last surviving party’s estate.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be
paid only on collected funds, unless otherwise provided by law or our policy. 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.
STOP PAYMENTS - The rules in 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.
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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 and we must receive it in time to give us a reasonable opportunity to act on it before our stoppayment
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. Generally, if your stoppayment
order is given to us in writing it 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. If the original stop-payment order was oral your stop-payment order
will lapse after 14 calendar days if you do not confirm your order in writing within that time 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).
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.
AMENDMENTS AND TERMINATION - We may amend this agreement at any time, including, but not limited to, adding new
terms and conditions. We will give you reasonable notice of such amendments in writing or by any other method permitted by
law. We may also suspend or terminate a service or close this account at any time upon reasonable notice to you and, if we
close the account, tender of the account balance personally or by mail. 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 or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to
your account, we might immediately freeze or close your account and then give you notice. If we have notified you of a
change in any term of your account and you continue to have your account after the effective date of the change, you have
agreed to the new terms.
When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to
be paid from the account.
Items presented for payment after the account is closed may be dishonored.
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 laws or regulations.
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.
NOTICES - Any written notice you give us is effective when we actually receive it. 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.
STATEMENTS - 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 forgeries 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 substantially contributed to the loss). The loss could be not only with respect to items on the statement
but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in
any circumstance, exceed a total of 14 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.
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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 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.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
REIMBURSEMENT OF FEDERAL BENEFIT PAYMENTS - If we are required for any reason to reimburse the federal
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.
TEMPORARY ACCOUNT AGREEMENT - 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.
SETOFF - 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. 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.
AGENCY (Power of Attorney) DESIGNATION - The agent is merely designated to conduct transactions on behalf of the owner
or owners. Owners do not give up any rights to act on the account, and the agent may not in any manner affect the rights of
owners or beneficiaries, if any, other than by withdrawing funds from the account. Owners are responsible for any transactions of
the agent. We undertake no obligation to monitor transactions to determine that they are on behalf of the owners.
We may continue to honor the transactions of the agent until: (a) we have received written notice or have actual knowledge of
the termination of the agency, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to
accept the designation of an agent.
For accounts owned by a single individual, the owner may terminate the agency at any time, and the agency is automatically
terminated by the death of the owner.
If our policy allows for the designation of an agent on an account with multiple owners (and without any multiple signatures
requirement), then the following rules apply: Each owner individually authorizes the agent to act on his/her behalf. Any one
owner may revoke or terminate the authority, and the agent's authority to access the account will continue only as long as no
owner has revoked authorization. If no other event terminates the agency, the agency is terminated upon the death of the last
surviving owner.
AGENCY (Power of Attorney) DESIGNATION - JOINT ACCOUNTS: The agent must be designated by each individual
account owner. The agent is merely designated to conduct transactions on the account owners' behalf. The account owners
do not give up any rights to act on the account, and the agent may not in any manner affect the rights of any account owner or
beneficiary, if any, other than by withdrawing funds from the account. The account owners are responsible, jointly and
severally, for any transactions of the agent. We undertake no obligation to monitor transactions to determine that they are on
an account owners' behalf.
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RESTRICTIVE LEGENDS OR INDORSEMENTS - The automated processing of the large 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 “must 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.
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 on us. You give us this
authority regardless 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. You must notify
us at once if you suspect that your facsimile signature is being or has been misused.
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.
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 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.
INDORSEMENTS - We may 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 11/2” 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 11/2” of that 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.
DEATH OR INCOMPETENCE - You agree to notify 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
FRONT OF CHECK
Bank Name
and Location
123456789 7654
Pay to the
order of $
dollars
20
Name
Address, City, State
7654
BACK OF CHECK
Memo
Keep your indorsement
out of this area.
1 1/2"
TRAILING EDGE
YOUR INDORSEMENT MUST
BE WITHIN THIS AREA
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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.
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.
CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including
preparation of a credit report by a credit reporting agency.
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
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 account(s) - provided elsewhere - may specify additional fees that we may charge for responding to
certain legal actions.
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 biometric 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 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
unless our failure to use ordinary care 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.
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.
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MONITORING AND RECORDING TELEPHONE CALLS AND ACCOUNT COMMUNICATIONS - 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.
You also understand you are not required to consent to receive marketing calls or text messages in order to open an
account(s) with us. You may unsubscribe from such communications at any time by sending an email identifying
yourself to contact@stockmanbank.com or by calling 1 (877) 300-9369.
CLAIM OF LOSS - The following rules do not apply to a transaction or claim related to a consumer electronic fund transfer
governed by Regulation E (e.g., an every day/one-time consumer debit card or ATM transaction). The error resolution
procedures for consumer electronic fund transfers can be found in our initial Regulation E disclosure generally titled,
"Electronic Fund Transfers." For other transactions or claims, if you claim a credit or refund because of a forgery, alteration, or
any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an
affidavit containing whatever reasonable information we require concerning your account, the transaction, and the
circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost,
missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and
circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or
consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or
otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue
them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a
withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be
imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal
process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a
partial early withdrawal. See your separately provided notice of penalty for early withdrawal for additional information.
CHANGES IN NAME AND CONTACT INFORMATION - You are responsible for notifying us of any change in your name,
address, or other information we use to communicate with you. Unless we agree otherwise, notice of such a change must be
made in writing. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to
communicate with you only by use of the most recent information you have provided to us. If provided elsewhere, we may
impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or
withdrawal of the funds) if your account becomes subject to (1) a claim adverse to your own interest; (2) a claim adverse to
others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold
may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits
of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any
items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding
any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we
receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as
adopted in the state of Montana. 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
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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.
INTERNATIONAL ACH TRANSACTIONS - Financial institutions are required 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 IAT and potentially
affect the settlement and/or availability of such payments.
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.
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.
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.
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.
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ARBITRATION AND WAIVER OF CLASS ACTION
Generally - You and we agree that either you or we may elect to resolve any dispute arising out of or relating to your
account(s) with us (any such dispute, a “Claim”) through arbitration administered by the American Arbitration Association
under its Consumer Arbitration Rules. If you or we elect to resolve a Claim through arbitration, the Claim shall be resolved
through arbitration. This Arbitration and Waiver of Class Action provision (this provision, including the sections with descriptive
headings below, the “Arbitration Agreement”) applies to any Claim (1) made after the date this Arbitration Agreement
becomes effective, even if the Claim relates to conduct before then, and (2) whether or not the Claim is based in contract, tort,
statute, or any other any other legal premise. Either you or we may elect to resolve a Claim through arbitration even if you or
we already initiated litigation in court relating to the Claim by (1) making written demand for arbitration upon the other party, (2)
initiating arbitration against the other party, or (3) by filing a motion in court to compel arbitration. IF YOU OR WE ELECT TO
RESOLVE A CLAIM THROUGH ARBITRATION, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND
YOUR RIGHTS REGARDING THAT CLAIM. There are limited exceptions to your and our agreement to arbitrate: (1) Claims
brought individually in small claims court or transferred to small claims court which shall be resolved in small claims court; (2)
this Arbitration Agreement does not prevent you from submitting any issue relating to your account(s) to a governmental
agency or governmental entity, nor does it prevent such agency or entity from seeking relief on your behalf; (3) this Arbitration
Agreement does not prevent you or us from applying to a court for emergency provisional relief, such as a temporary
restraining order, a temporary protective order, an attachment, or other pre-judgment remedies; (4) this Arbitration Agreement
does not prevent us from complying with any “legal action” as defined in “Legal Actions Affecting Your Account” in the Terms
and Conditions of Your Account; and (5) this Arbitration Agreement does not prevent us from asserting our rights to place
administrative holds or interplead funds that are subject to adverse claims as discussed in “Resolving Account Disputes” in the
Terms and Conditions of Your Account.
Effective Date - Unless you opt out of this Arbitration Agreement by following the Right to Opt Out section below, it becomes
effective 31 days after we provide it to you. If you receive your statements from us by mail, then this Arbitration Agreement
was provided to you when we mailed it to you. If you receive your statements from us electronically, then this Arbitration
Agreement was provided to you when we sent it to you electronically. If this Arbitration Agreement becomes effective, it
changes the part of your contract with us called Terms and Conditions of Your Account.
Arbitration Procedure - If you or we elect to resolve a Claim through arbitration (1) the arbitration shall be conducted within
50 miles of your residence at the time the arbitration is commenced unless you reside outside of Montana at that time, in
which case you can choose the Montana city where it will be conducted, (2) we will pay for any filing, administration, and
arbitrator fees the American Arbitration Association charges you, (3) the Claim shall be resolved by a single arbitrator selected
under the Consumer Arbitration Rules, (4) the arbitrator must have experience in the types of transactions at issue in the
Claim, and (5) judgment on the arbitration award may be entered in any court having jurisdiction. If you or we elect to resolve
a Claim through arbitration, you will be responsible for your attorneys’ fees and costs unless you prevail in the arbitration, in
which case, we will pay your reasonable attorneys’ fees and costs. Conversely, if we prevail in the arbitration, then you will
pay our reasonable attorneys’ fees and costs. For details on how to initiate an arbitration proceeding you can go to the
American Arbitration Association’s website, www.adr.org. On that same website you can obtain a copy of the Consumer
Arbitration Rules free of charge. If the American Arbitration Association is unavailable to resolve a Claim and you and we do
not agree on a substitute forum, then you can select the forum for resolving the Claim.
Enforceability and Severability - If there is a contention about whether this Arbitration Agreement or any part of it is
enforceable, the arbitrator shall determine enforceability unless the contention is about the enforceability of the Class Action
Waiver section, in which case a court shall determine the enforceability of the Class Action Waiver section. If there is a
contention about whether a Claim is subject to arbitration under this Arbitration Agreement, the arbitrator shall make that
determination. If the Class Action Waiver section is unenforceable, then the remainder of this Arbitration Agreement is
unenforceable. If any part of this Arbitration Agreement besides the Class Action Waiver section is unenforceable then the
remaining parts of this Arbitration Agreement remain enforceable.
Class Action Waiver - ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND
AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, CLASS MEMBER,
OR CLASS CUSTOMER IN A CLASS ACTION LAWSUIT.
Governing Law and Conflicts - This Arbitration Agreement shall be interpreted and enforced under the Federal Arbitration
Act. If this Arbitration Agreement conflicts with the Consumer Arbitration Rules, this Arbitration Agreement controls to the
extent of the inconsistency. If this Arbitration Agreement conflicts with the Terms and Conditions of Your Account document or
any other part of your contract with us, this Arbitration Agreement controls to the extent of the inconsistency.
Right to Opt Out - You may opt out of becoming bound by this Arbitration Agreement. To opt out you must either: 1) complete
an electronic Arbitration Opt Out Form on our website at www.stockmanbank.com; or 2) complete the Arbitration Opt Out
Form attached to this Arbitration Agreement and mail it to Stockman Bank of Montana; Attention: Arbitration - Operations; P.O.
Box 250 Miles City, MT 59301-0250. If, within 30 days after we provide this Arbitration Agreement to you, we do not receive
notice from you that you are opting out by using one of the methods stated in this section, then you will have agreed to this
Arbitration Agreement and you will be bound by its terms.
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ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your
account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You
should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers
between your account and the third party’s account. These transfers to make or receive payment may be one-time
occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other
payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example,
your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur
when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a
merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide
the third party with your account number and bank information. This information can be found on your check as well as on a
deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the
Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund
transfers. Examples of these transfers include, but are not limited to:
• Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or
savings account(s).
• Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings
account(s).
• Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment
from your checking account using information from your check to pay for purchases or pay bills.
• Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer
to collect a charge in the event a check is returned for insufficient funds.
Telebank Transfers - types of transfers - You may access your account by telephone at 888-669-0724 using your personal
identification number, a touch tone phone, and account numbers, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• make payments from checking to loan accounts with us
• make payments from savings to loan accounts with us
• get information about:
- the account balance of checking account(s)
- the account balance of savings account(s)
- transaction history about checking and savings
- payment information about loans
CashCard ATM Transfers - types of transfers and dollar limitations - You may access your account(s) by ATM using your
CashCard and personal identification number or your Visa Check Card and personal identification number, to:
• make deposits to checking account(s) with an ATM card
• make deposits to checking account(s) with a debit card
• make deposits to savings account(s) with an ATM card
• make deposits to savings account(s) with a debit card
• get cash withdrawals from checking account(s) with an ATM card
- you may withdraw no more than $1,000.00 per day
• get cash withdrawals from checking account(s) with a debit card
- you may withdraw no more than $1,000.00 per day
• get cash withdrawals from savings account(s) with an ATM card
- you may withdraw no more than $1,000.00 per day
• get cash withdrawals from savings account(s) with a debit card
- you may withdraw no more than $1,000.00 per day
• transfer funds from savings to checking account(s) with an ATM card
• transfer funds from savings to checking account(s) with a debit card
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• transfer funds from checking to savings account(s) with an ATM card
• transfer funds from checking to savings account(s) with a debit card
• get information about:
- the account balance of your checking account(s)
• with an ATM card
• with a debit card
- the account balance of your savings account(s)
• with a debit card
Some of these services may not be available at all terminals.
Types of Visa Check Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in
person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant
permits, or from a participating financial institution and do anything that a participating merchant will accept.
Point-of-Sale Transactions - dollar limitations - Using your card:
• you may not exceed $2,500.00 in transactions
Currency Conversion and International Transactions. When you use your Visa® Check Card at a merchant that settles in
currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to
determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale
currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the
government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing
date may differ from the rate in effect on the transaction date or posting date.
Visa USA charges us a 1% International Service Assessment on all international transactions regardless of whether there is a
currency conversion. The fee we charge you for international transactions/currency conversions is disclosed on our separate
fee schedule. An international transaction is a transaction where the issuer of the card used is not located in the transaction
country. This means an international transaction can occur even though the transaction is made when you are not in a foreign
country. For example, a transaction made online with a foreign merchant is an international transaction even though made
while you are physically in the United States.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a
payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all
jurisdictions in which the cardholder may be located.
Non-Visa Debit Transaction Processing. We have enabled non-Visa debit transaction processing. This means you may use
your Visa® Check Card on a PIN-Debit Network* (a non-Visa network) without using a PIN.
The provisions of your agreement with us relating only to Visa transactions are not applicable to non-Visa transactions. For
example, the additional limits on liability (sometimes referred to as Visa’s zero-liability program) and the streamlined error
resolution procedures offered on Visa debit card transactions are not applicable to transactions processed on a PIN-Debit
Network.
*Visa Rules generally define PIN-Debit Network as a non-Visa debit network that typically authenticates transactions by use
of a personal identification number (PIN) but that is not generally known for having a card program.
Computer Transfers - types of transfers - You may access your account(s) by computer through the internet by logging
onto our website at www.stockmanbank.com and using your password, account numbers and user name, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• make payments from checking to loan account(s) with us
• make payments from checking to third parties
• make payments from savings to loan account(s) with us
• make payments from savings to third parties
• get information about:
- the account balance of checking account(s)
- the account balance of savings account(s)
Health Savings Accounts (HSA). We permit some electronic fund transfers to and/or from your HSA. The electronic fund
transfers we permit are offered for the convenience of managing your HSA. However, electronically moving funds to or from
your HSA – for example, depositing more than the allowable amount, or getting additional cash back on an HSA debit card
transaction – can raise a variety of tax concerns. As a result, before electronically accessing any account you may have with
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us, it is a good practice to make sure you are using the correct access device (such as a card) or accessing the appropriate
account for the transaction. Also, it is your responsibility to ensure the contributions, distributions, and other actions related to
your HSA, comply with the law, including federal tax law. As always, we recommend consulting a legal or tax professional if
you have any questions about managing your HSA. The terms of this disclosure are intended to work in conjunction with the
HSA Agreement provided to you earlier. In the event of a conflict, the terms of the HSA Agreement control. You understand
that your HSA is intended to be used for payment of qualified medical expenses. It is your responsibility to satisfy any tax
liability resulting from use of your HSA for any purpose other than payment or reimbursement of qualified medical expenses.
We do not monitor the purpose of any transaction to or from your HSA. Nor are we responsible for ensuring your eligibility for
making contributions or ensuring withdrawals are used for payment or reimbursement of qualified medical expenses. Refer to
your HSA Agreement for more information relating to the use of your HSA.
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.
Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or
any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
• Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated
teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days
from the same person or company, you can call us at 833-919-0844 to find out whether or not the deposit has been
made.
• Periodic statements.
You will get a monthly account statement from us for your checking accounts.
You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a
particular month. In any case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
• Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of
your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3
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 after you call.
Please refer to our separate fee schedule for the amount we will charge you for each stop-payment order you give.
• Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you,
10 days before each payment, when it will be made and how much it will be. (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 3
business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or
damages.
FINANCIAL INSTITUTION’S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct
amount according to our agreement with you, we will be liable for your losses or damages. However, there are some
exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we
have taken.
(6) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
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(3) in order to comply with government agency or court orders; or
(4) as explained in the separate Privacy Disclosure.
UNAUTHORIZED TRANSFERS
(a) Consumer liability.
• Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an
electronic fund transfer has been made without your permission using information from your check. Telephoning is the best
way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of
credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more
than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove
we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose
as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at
once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost
after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
• Additional Limit on Liability for Visa® Check Card. Unless you have been negligent or have engaged in fraud, you will not
be liable for any unauthorized transactions using your lost or stolen Visa® Check Card. This additional limit on liability does
not apply to ATM transactions outside of the U.S., to ATM transactions not sent over Visa or Plus networks, or to transactions
using your Personal Identification Number which are not processed by VISA®. Visa is a registered trademark of Visa
International Service Association.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write
us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed
in this disclosure if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed
in this disclosure, as soon as you can, 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 you no later than 60 days after we sent the FIRST statement on
which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error
or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa® Check Card point-of-sale
transactions processed by Visa 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 Visa® Check Card point-of-sale transactions
processed by Visa 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.
We will tell you the results within three business days after completing our investigation. If we decide that there was no
error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
STOCKMAN BANK
P.O. BOX 250
MILES CITY, MT 59301
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 833-919-0844
MORE DETAILED INFORMATION IS AVAILABLE
ON REQUEST
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YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to “transaction” accounts, but not to savings deposits. Transaction accounts, in general, are
accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and
preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts.
Savings accounts and money market deposit accounts are examples of savings deposits. Feel free to ask us whether any of
your other accounts might also be under this policy.
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 remember 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 and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal
holidays. If you make a deposit before 6:00 P.M. 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 after 6:00 P.M. or on a day we are not open, we will consider that the deposit
was made on the next business day we are open.
If you make a deposit through one of our teller lines on a business day that we are open, we will consider that day to be the
day of your deposit. Deposits made in our “Night Deposit” or “after hours” deposit receptacles at our facilities have special
rules and are typically processed the business day following the placement of deposit in the receptacle. If you plan to make
night deposits please inquire as to those rules.
Remote mobile deposits are typically available the day after the deposit is made, however, these deposits may be delayed
further due to additional processing or other issues.
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 noon or on a day we are not open, we will consider
that the deposit was made on the next business day we are open.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of
funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have
been available if you had deposited it.
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check 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 second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the
first business day.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the
time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of
our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after
we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following
circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
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, the following special rules will 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 transfers, and the first $5,525 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 (and you may have to use a special
deposit slip). The excess over $5,525 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 employees, the first $5,525 will not be
available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the tenth business day after the day of your deposit.
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LIMITATION OF TIME TO COMMENCE ACTION AGAINST US
Any action or proceeding by you to enforce an obligation, duty or right arising under this agreement, or by law, with respect
to your account or any account service, or based on any alleged wrongful act or omission by us, must be commenced within
one year from the date the act, omission, or other dispute occurred.
This provision does not apply to any act, omission, or other dispute for which a separate time limitation is provided for
herein. This provision does not supersede any separate time limitation provided for herein. This provision applies to any other
act, omission or other dispute for which this Agreement does not provide a different limitation period.
TRUTH-IN-SAVINGS DISCLOSURE
DIRECT CHECKING ACCOUNT
Minimum balance to open the account - You must deposit $100.00 to open this account.
Fees:
A $5.00 per month/cycle Paper Statement Fee will be charged if you choose to receive a paper account statement.
DIRECT SAVINGS ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Frequency of rate changes - We may
change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded quarterly. Interest will be credited to your account
quarterly.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Minimum balance to avoid imposition of fees - A service charge fee of $2.00 will be imposed every statement cycle if the
balance in the account falls below $100.00 any day of the cycle.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This
method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue no later than the business day we receive credit for the
deposit of noncash items (for example, checks).
Fees:
A $5.00 per month/cycle Paper Statement Fee will be charged if you choose to receive a paper account statement.
A per item fee of $2.00 will be charged for each withdrawal in excess of six during a monthly statement cycle.
COMMON FEATURES
Please refer to our separate rate sheet for current interest rate and annual percentage yield information and to our separate
fee schedule for additional information about charges.
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ARBITRATION OPT OUT FORM
I have received a copy of the Arbitration Agreement. I decline and opt out of the
Arbitration Agreement. [Please note that for a multi-party account, each customer
must individually choose to accept or opt out of the Arbitration Agreement.]
For the opt out to be effective, I provide the following information:
ADDRESS
PHONE NUMBER
NAME
TAX IDENTIFICATION NUMBER
I WISH TO OPT OUT ALL ACCOUNTS
ADDITIONAL ACCOUNTS FOR WHICH I AM OPTING OUT
CUSTOMER ACCOUNTS
(Last 4 digits only)
I WISH TO OPT OUT SOME ACCOUNTS
I DO NOT WISH TO OPT OUT ANY ACCOUNTS
In relation to Stockman Bank’s Arbitration Agreement
In relation to Stockman Bank’s Arbitration Agreement
In relation to Stockman Bank’s Arbitration Agreement
PRIMARY STOCKMAN BANK ACCOUNT NUMBER
SIGNATURE DATE
I WISH TO OPT OUT OF ONLINE & MOBILE BANKING In relation to Stockman Bank’s Arbitration Agreement