This contains the rules that govern your accounts with us. Please read this and if you have any questions, feel free to contact us. Throughout this information, the term “we”, “us”, or “Bank” means the Curtis State Bank and the term “Customer”, “you” or “your” means you the customer.
Applicable Law: Your accounts and the provisions herein are governed by the applicable laws and regulations of the United States, the State of Nebraska, including but not limited to the Truth in Savings Act; the Uniform Commercial Code; and laws regulating transfers at death. All deposits to, and withdrawals from, any account are subject to such laws as well as the terms and provisions herein and any agreement executed in conjunction herewith.
Deposits: You may make deposits in an account at any time we are open for business. Deposits other than cash shall be given credit according to our existing policies pertaining to funds availability. The bank is authorized to send checks or other items for collection to other banks, or through any channel or agent at its discretion, and such non-cash items and their proceeds may be forwarded to and handled by any Federal Reserve Bank in accordance with applicable Federal Reserve Rules. The Bank will not be liable for loss in transit or for negligence or default of other banks, or agents or sub-agents.
Withdrawals: Withdrawals may be by written order, check or on other forms furnished by us. We reserve the right at any time to require at least seven days written notice before each withdrawal or transfer from a SAVINGS ACCOUNT, MONEY MARKET ACCOUNT, or NOW ACCOUNT.
Fees: Your accounts may be subject to fees assessed by the Bank from time to time. Such fees are disclosed in the CHECKING ACCOUNTS, FEES, and DISCLOSURES links. Except as prohibited by law, the Bank may charge you any and all costs of collection, including but not limited to, reasonable attorney’s fees paid or incurred by us on account of such collection, whether or not suit is filed with respect thereto and as a result of any bankruptcy case being filed by or against you. Such charges may be charged directly to your account.
Stop Payment: If you request the Bank to stop payment on any item, we must be furnished with the item’s exact amount, date, number, name of payee plus any other requested pertinent information. Failure to provide us with the same shall relieve us of any liability in the transaction. You agree to reimburse us for any expenses or losses that might occur therein. Requests must be made within regular business hours, and these requests are subject to the terms on the forms used for such purposes.
Set-Off: Bank may charge to or offset any of your Accounts, or any Multiple Party Account to which you are a party against any Obligation then owed to the Bank by you, or any obligation then owed to the Bank by any other party to a Multiple Party Account. The terms Account and Multiple Party Account include any liability or indebtedness of the Bank or its customer, including but not limited to time, SAVINGS ACCOUNTS, CHECKING ACCOUNTS, MONEY MARKET ACCOUNT or NOW ACCOUNTS; CERTIFICATES OF DEPOSIT, and any money owing to its customer or in our possession for collection or exchange: and any repurchase agreement or other non-deposit obligations. The term Obligations included each and every debt, liability, or obligation of every type and description which you may at any time owe to us, whether such debt, liability, or obligation now exists or is hereafter incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, joint, several, or joint and several.
Resolutions: Corporations, partnerships, proprietorships, associations, and other organizations must provide the Bank (at Bank’s request) with proper and up-to-date deposit and withdrawal authorization/resolutions.
Bank’s Liability: Bank’s liability to you is limited to any action or failure to act in which the Bank does not perform in good faith and exercise reasonable care.
Statements: Statements will be periodically prepared by us and mailed to you, or you may call and claim the same within a reasonable time. Lost statements become your responsibility. Also, you must contact us within 30 days of receipt of such statements should you find any errors, discrepancies, or forgeries therein, or the stated balance will be considered correct.
Changes: The Bank may change the terms applicable to your account from time to time. We will notify you in advance of any changes. All changes and notifications shall comply with applicable law.
Termination: The Bank may close any account at anytime, at its discretion, by giving you written notice made pursuant to applicable law and the terms and conditions applicable to the account and mailing the balance to you. If an account is a joint account, notice by the Bank to any one Customer shall be considered to be notice to all Customers.
Dormant Account Definition: Any account that has no withdrawals for twelve months will be declared Dormant and will be subject to a Dormant Account Charge. In accordance with state law, funds in abandoned accounts will be remitted to the custody of the Nebraska State Treasurer, and we will have no further liability to you for such funds.
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CURTIS STATE BANK ELECTRONIC FUNDS DISCLOSURE
The Curtis State Bank offers a number of services to its customers, which involve electronic fund transfers. These include transactions initiated with a transaction card, direct deposit of social security benefits and other government payments, direct deposit of payroll, and preauthorized bill payments, electronic check transactions, and transfers between financial institutions and telephone initiated requests for advances under certain credit programs. We at Curtis State Bank allow electronic check transactions to post to your consumer checking account. As a customer of the bank, you may make use of one or more of these services. The following disclosures set forth some of the most important terms and conditions with respect to these services. The “General Disclosure” applies to all electronic fund transfer services and the disclosures set forth with respect to specific services apply only to those services.
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GENERAL DISCLOSURES
You will receive a monthly statement for each account for any period during which there has been an electronic fund transfer. If no electronic fund transfer has taken place, you will receive a statement at least quarterly for any account to or from which electronic fund transfers can be made.
In case of errors: If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, call or write us as soon as you can at the telephone number and address set forth below. We must hear from you no later than sixty days after we sent the FIRST statement on which the problem or error appeared. You must 1) tell us your name and account number, 2) describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information, and 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 ten business days.
We will tell you the results of our investigation within ten business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five days to investigate your complaint or question. If we decide to do this, we will recredit your account within ten business days 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 questions in writing and we do not receive it within ten business days, we may not recredit your account.
If we decide that there was no error, you will receive a monthly statement for each account for any period during which there has been an electronic fund transfer. If no electronic card transfers have taken place, you will receive a statement at least quarterly for any account to or from which electronic fund we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
The Bank’s Liability for Incomplete 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 if:
- Through no fault of ours, you do not have enough money in your account to make the transfer;
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The money in your account is subject to legal process or other encumbrances restricting transfer;
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The transfer would go over the credit limit on your overdraft line (if any);
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The automated teller machine (ATM) does no have enough cash;
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The terminal system was not working properly and you knew about the breakdown when you started the transfer;
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Or if circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreement with you.
We may disclose information to third parties about you account or transfers you make:
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Where it is necessary for completing the transfers;
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In order to verify the existence and condition of your account for a third party, such as a credit bureau or clearinghouse;
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In order to comply with a government agency or court order;
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In response to a garnishment, levy or a subpoena; or
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If you give us written permission.
You may be subject to charges for certain electronic fund transfers. Current charges are identified above “Account Disclosures and Information”.
Our business days (days when we are open for carrying on substantially all business functions) are Monday through Friday. Holidays are not included.
If you have any questions about your account, think there is an error in you account, have lost your Transaction Card or Personal Identification Number, think someone has transferred or may transfer money from your account without your permission, or if you want to stop payment on automatic payments you have authorized from you account or if you want to know whether an automatic payment you have authorized has been made, you can contact us by calling us at (308) 367-4155, faxing us at (308) 367-4156 or writing us at Curtis State Bank, PO Box 45, Curtis NE 69025.
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AUTOMATIC DEPOSITS
If you have arranged to have money deposited directly to your account on a periodic basis (such as social security benefits, other government payments, or your wages), these deposits will be made and reflected on your periodic statement.
If the direct deposits are made to your account at least once every sixty days from the same person or company (such as Social Security Administration or your employer) you can call us at 308-367-4155 to find out whether or not the deposit has been made.
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PREAUTHORIZED PAYMENTS
You may arrange to have certain payments (such as utility payments or insurance premiums) automatically deducted from you account. Any such preauthorized payment will be reflected on your periodic statement.
You can stop any of these payments. Call or write us at the phone number and address set forth above in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen days after you call. We will charge you for each stop payment order you give. The current charges are identified above “Account Disclosures and Information”.
If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
If these regular payments vary in amount, the person you are going to pay will tell you ten 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 that a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you want to know whether an automatic payment has been made you can call or write us at the telephone umber and address set forth above.
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TRANSFERS BETWEEN FINANCIAL INSTITUTIONS
If you have agreed with the bank and/or with another financial institution to transfer money between your accounts at these financial institutions, such transfers will be reflected on your periodic statement.
If you have authorized a transfer of funds from you account(s) at the bank to your account at another financial institution you can stop any of these payments. Call or write us at the telephone number and address set forth above, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen days after you call. We will charge you for each stop payment order you give. The current charges are identified above “Account Disclosures and Information”. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
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TRANSACTION CARD TRANSACTIONS
You may use your Transaction Card (“Card”), along with your Personal Identification Number (“PIN”), to conduct the following transaction (“Terminal Transactions”):
a) Withdraw cash from your checking or savings accounts;
b) Transfer available funds between your checking and savings accounts whenever you request;
c) Inquire about the balance in your checking or savings account;
d) Tender payments on certain indebtedness such as installment loans, safe deposit box rental and the like;
e) Make deposits to your checking or savings account.
Some of these services may not be available at all terminals.
There is no limit of the number of times you may use your Card; however, you may only withdraw up to a total of $500 of available funds from all terminals each calendar day. There may be additional limitations imposed on the number or amount of transactions for security reasons.
You will get a receipt at the time you make any transfer to or from your accounts in connection with the ATM. You will also receive a monthly statement for each account for any period during which there has been an electronic fund transfer. In any case, you will receive a statement at least quarterly.
If you believe your Card or PIN has been lost or stolen or if someone has transferred or may transfer money from your account without your permission, TELL US AT ONCE. Telephoning is the best way of keeping your possible losses down.
You may call or write us at the telephone number and address set forth above. You could lose all the money in your account or accounts (plus your maximum overdraft line of credit, if any).
If you tell us within two business days, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, TELL US AT ONCE. If you tell us within sixty days after the statement was mailed to you, liability is the lesser of $50 or the amount of unauthorized transfers that occurred during the sixty-day period. Also, you may not get back any money you lost after the sixty days if we can prove we could have stopped someone from taking the money if you had told us in time.
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.
All deposits made to an Automated Teller Machine (ATM) will be subject to a waiting period of two business days before those funds are available to you. You will still be able to access funds, which were available prior to the ATM deposit.
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LOAN ADVANCES BY TELEPHONE
If you have arranged with us for a pre-approved line of credit, which allows you to request by telephone that funds be advanced to your checking account, advances will be made and will be reflected on your periodic statement. There is no transaction charge for this service, but finance charges, in accordance with our agreement with you, will be imposed on amounts advanced.
Curtis State Bank may accept payments on your behalf to your account that have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Nebraska as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.
Credit given by Curtis State Bank to you with respect to an automated clearinghouse credit entry is provisional until Curtis State Bank receives final settlement from such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that Curtis State Bank is entitled to a refund of the amount of credit to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, Curtis State Bank is not required to give next day notice to you of receipt of an ACH item and will not do so. However, Curtis State Bank will continue to notify you of the receipt of payments in the periodic statements we provide to you.
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