TRICENTURY BANK DEPOSIT ACCOUNT

TERMS AND CONDITIONS AND DISCLOSURES

These TriCentury Bank Deposit Account Terms and Conditions and Disclosures (the “Terms and Conditions”) contain your agreement with TriCentury Bank concerning your TriCentury Bank Account (the “Account”) and other important information about your Account. Our current Fee Schedule is included as a separate document with these Terms and Conditions, but is incorporated into this document by reference and is a part of these Terms and Conditions. For purposes of these Terms and Conditions, “you” and “your” refer to each owner of an Account, jointly and severally. The terms “we”, “us”, and “our” refer to TriCentury Bank. Capitalized terms used in these Terms and Conditions have the meaning set forth in the Definitions in Section I.1., below.

Customer Identification. 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. This means that when you open the Account, or if you add a joint owner to the 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.

I. GENERAL TERMS

1. Definitions. The following terms shall be defined as follows for purposes of these Terms and Conditions:
1. ACH means automated clearing house.
2. ATM means an automated teller machine.
3. Business Day means Monday through Friday, except holidays.
4. Card means the TriCentury Bank MasterCard® debit card which accesses your Account.
5. Electronic Funds Transfer means any transfer of funds to or from your Account that is initiated by electronic means such as a computer, telephone or electronic terminal and is subject o the Electronic Funds Transfer Act, 15 U.S.C. Section 1690 et seq.
6. Fee Schedule means the schedule of fees included with these Terms and Conditions, as it may be amended from time to time.
7. Individual Account means an Account owned by one natural person.
8. Joint Account with Survivorship (and not as Tenants in Common) means an Account owned by two or more natural persons, and upon the death of one Account owner, the balance in the Account, if any, belongs to the survivor(s).
9. Kansas Uniform Commercial Code means the Uniform Commercial Code as adopted by the State of Kansas and codified at Chapter 400 of the Revised Statutes of Kansas.
10. Legal Action means a subpoena, garnishment, levy or any other legal process delivered to us in connection with your Account.
11. NACHA Rules mean the operating rules of the National Automated Clearing House Association.
12. Overdraft and Overdrawn means that the balance in your Account is less than $0.00.
13. PIN means personal identification number.
2. Agreement. These Terms and Conditions govern your Account and your Card. By applying for an Account directly with us or through a third party, by making a deposit into the Account with us, or by signing, using or permitting use of your Card, you agree to these Terms and Conditions. We will administratively create an Account for you on our processing system when we receive an application from you or through a third party; however, we will not consider the Account to be “open” for purposes of these Terms and Conditions until you make a deposit in the Account.
3. Your Consent to Disclosure of Information. If you applied for your Account through a third party, the third party provides certain services to us and to you concerning your account. You therefore consent to our provision of information concerning your Account, including without limitation, your Account number and information concerning your Account balance and transactions on your Account to that third party. IF YOU DO NOT WANT US TO SHARE INFORMATION ABOUT YOUR ACCOUNT WITH THE THIRD PARTY THAT RECEIVED YOUR APPLICATION AND PROVIDED IT TO US, YOU SHOULD NOT USE THE ACCOUNT. YOU MAY REVOKE YOUR CONSENT, BUT IF YOU DO SO, WE WILL CLOSE YOUR ACCOUNT.
4. Ownership of Account. The Account may be opened only as an Individual Account. After it is opened, an additional person may be added to the Account, permitting it to be owned as a Joint Account-With Survivorship (and not as Tenants in Common), by executing the documents that we provide to you upon your request. We do not permit any form of ownership of the Account except as an Individual Account and a Joint Account-With Survivorship (and not as Tenants in Common). We make no representations as to the appropriateness or effect of the manner in which you own the Account. You may not designate pay on death beneficiaries or other beneficiaries of the Account without our permission. If you own the Account as a Joint Account-With Survivorship (and not as Tenants in Common), all Account owners intend that upon your death the balance in the Account (subject to any previous pledge to which we have consented) will belong to the survivor(s). If two or more of you survive, you will own the balance in the Account as a Joint Account-With Survivorship (and not as Tenants in Common). You agree to notify us promptly if any Account owner dies or becomes legally incompetent. We may continue to honor transactions on the Account initiated by the deceased or incompetent Account owner and otherwise follow instructions provided by the deceased or incompetent Account owner until we know of the applicable death or incompetence and have had a reasonable opportunity to act on that knowledge.
5. Deposits. We will accept for deposit only funds provided to us by wire transfer, ACH transfer or by electronic money transfer acceptable to us, such as MoneyGram®.
6. Withdrawals. Any owner of the Account, acting alone, may withdraw or transfer all or any part of the Account balance at any time. Withdrawals may be made only by ACH transfer or use of your Card, unless you have requested and been approved for Checkwriting privilege. We have no obligation to permit the withdrawal of any amounts which exceed the collected balance of the Account withdrawals will first be made from collected funds, and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary. We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted.
7. Checkwriting. You may request Checkwriting privileges on your Application for an Account or at any time after your Account has been opened by contacting us at 800-480-1747, executing a signature card and providing the signature card to us. We may approve Checkwriting on your Account if you are in “good standing”, but we have no obligation to approve Checkwriting privileges if we determine in our discretion that too much risk would be associated with Checkwriting on your Account. We may cancel your Checkwriting privileges at any time, even if you are still in “good standing”. If you purchase checks through us, you will pay for the checks purchased through our supplier. You will be considered in “good standing;” for purposes of Checkwriting privileges if:
• Your Account has been open and active for at least 90 days after the date of your first regular direct deposit (excluding payday loans and MoneyGram deposits); and
• You are receiving regular direct deposits (at least 4 in the last 120 days) other than payday loans and MoneyGram deposits, which are sufficient to cover withdrawals consistent with your past practices, and
• You have received $400 or more in direct deposits (other than payday loans and MoneyGram deposits) in your Account in the past 30 day period, and
• You are not in default on any loan or other obligation to us, and
• You are not subject to any legal or administrative order or levy, and
• Your Account has never been overdrawn for more than 30 days, and
• Your Account has no more than 3 Insufficient or Overdraft instances in the past 90 days.
8. Payment Order. We are permitted by law to pay transfers or withdrawals from your Account in any order. Our policy is to accommodate transfer requests or other withdrawals on any one day in the order of the highest dollar amount to the lowest dollar amount. The order in which transfers or other withdrawals are accomplished is important if there is not enough money in your Account to pay all of the items that are presented. Our payment policy will cause your largest, and perhaps more important, transfers to be paid first (such as your rent or mortgage payment), but may increase the fees you have to pay if funds are not available to pay all of the items. You are responsible for reimbursing us for all returned withdrawal, transfer, or debit requests, regardless of when or why returned, and for all applicable fees. We encourage you to make careful records and practice good account management. This will help you to avoid requesting transfers or withdrawals without sufficient funds and incurring the resulting fees.
9. Your Liabilities. You agree to the terms of this Account and the Fee Schedule, which we may change from time to time. You authorize us to deduct the applicable fees from the Account. Each of you also are jointly and severally liable for any negative balance in the Account resulting from charges or overdrafts, whether caused by you or another Account owner or other person authorized to withdraw from the Account, and the costs we incur to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees. An overdraft could occur each time a check has been presented for payment (if you have been approved for Checkwriting),or an ATM withdrawal, electronic check, or other electronic means of withdrawing funds from your Account is processed and there are not sufficient collected funds in your Account to honor the withdrawal request in full.
10. ACH and Wire Transfers. Wire transfers to or from this Account are subject to Article 4A of the Kansas Uniform Commercial Code and to the operating rules of any wire transfer system used, except as otherwise modified by these Terms and Conditions. If you originate a wire transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary or deposit account, 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. ACH transactions to or from this Account are governed by the NACHA Rules. The NACHA 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. If we receive a credit to 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.
11. Power of Attorney. While we generally will not accept a power of attorney in which a third party is appointed to act as attorney-in-fact on your behalf, in our discretion, we may agree to do so. If we do accept a power of attorney, we have no duty whatsoever to monitor or ensure that the acts of your attorney in fact are for your benefit. We may continue to honor the transactions of the attorney in fact until we have received written notice or have actual knowledge of the termination of the authority of the attorney in fact or the death of the Account owner who appointed the attorney in fact and have had a reasonable opportunity to act on this notice or knowledge. We shall not be responsible for any loss or damage you may incur as a result of our following instructions given by an attorney in fact acting under a power of attorney.
12. Amendments, Termination and Notice. From time to time we may amend these Terms and Conditions, including the Fee Schedule, by giving you reasonable notice in writing or by any other method permitted by law. We may also close your Account at any time. Upon termination of your Account, we will send any remaining Account balance to you at your address as maintained in our records by check, or, upon your instructions (and subject to applicable fees) by electronic transfer. Notice from us to any one of you is notice to all of you for all purposes, unless otherwise required by applicable law.
13. Transfer or Assignment of Account. Your Account may not be transferred or assigned by you to any other person or entity without our prior written consent. We may transfer your Account to another depository institution at any time without your consent and without prior notice to you, except as required by law.
14. Statements and Your Responsibility. You must examine Account statements we mail to you or provide to you electronically with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized payments or alterations, on your statement you must promptly notify us of the relevant facts. 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 exercised 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 forged or altered 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 that such time will not, in any circumstance, exceed a total of 60 days from when the statement is first made available to you. If you fail to report any unauthorized signatures, alterations, forgeries or any other errors in your Account within 60 days of when we make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This 60 day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

If you claim a loss as a result of an unauthorized payment or alteration, you must cooperate with us in the investigation of the loss, including the provision of an affidavit containing whatever reasonable information we require concerning the Account, the transaction, and the circumstances surrounding the loss. You must promptly notify law enforcement authorities of any criminal act related to the loss. 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 attorney's fees incurred by you as a result of any such loss. 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. Any liability we may have to you will be reduced by the amount you recover from these other sources.

15. Direct Deposits. If, in connection with a direct deposit plan, we deposit any amount in the Account which should have been returned to the Federal government for any reason, you authorize us to deduct the amount of our liability to the Federal government from this 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 legal remedy to recover the amount of our liability.
16. Set-Off. We may (without prior notice and when permitted by law) set off the funds in the Account against any due and payable debt owed to us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note. This right of set-off does not apply to this Account if the debt is created by a consumer credit transaction under a credit card plan, or the debtor’s right of withdrawal arises only in a representative capacity. We will not be liable our refusal to permit any withdrawal or funds transfer if funds are not available as a result of set off. You agree to hold us harmless from any claim arising as a result of our exercise of our right of set-off.
17. Non-Sufficient Funds. If we receive any transfer or withdrawal request against the Account, and there are not sufficient collected funds available in the Account for any reason, we may, in our discretion, either make payment in accordance with such transfer or withdrawal request, or return the transfer request unpaid or otherwise refuse to permit the transaction. In either case, we will not be liable to you for doing so. If we decide to pay the transfer or withdrawal request, you shall reimburse us immediately for the amount of the overdraft, plus the applicable fee as provided on the Fee Schedule. If we decide not to pay the transfer or withdrawal request, we will charge you the applicable fee. We will not assess more than three Insufficient Funds Fees (as described in the Fee Schedule) and three Overdraft fees (as described in the Fee Schedule) during any one day. We also may close your Account without notice, unless notice is required by law. If we allow the creation of an overdraft, we will not be obligated to do so again in the future. We do not offer an overdraft line of credit product to which we can transfer the amounts of your overdrafts. Accordingly, if you do not transfer funds to your Account within 90 days after the Account becomes overdrawn, we reserve the right to cancel your Account. Such cancellation shall not effect our right to pursue Legal Action to collect the overdrawn amount. An overdraft could occur each time a check is presented for payment (if you have been approved for Checkwriting) or an ATM withdrawal, electronic check, or other electronic means of withdrawing funds from your Account is processed and there are not sufficient collected funds in your Account to honor the withdrawal request in full.
18. Account Adjustments. We may make adjustments to your Account from time to time to reflect corrections or changes to your balance. In the event of an error that has caused an overstated balance, you shall reimburse us immediately for the overstated amount.
19. Your Security Precautions. If you notice suspicious or fraudulent activity on your Account, contact us at 800-480-1747. If necessary, we can restrict access to your Account, issue new Cards, or close your Account if there is evidence that your Account has been the target of criminal activity. In most cases, we will request that you provide us with certain documents, such as a copy of a police report, and other documentation necessary to assist in our investigation. We will also request you to be willing to prosecute the perpetrator to the fullest extent permitted by law. You should maintain any PIN or other security codes in a secure manner and should not share them with any other person.
20. Address or Name Changes. You must notify us immediately of any change in your physical address, mailing address, email address or your name. We may, in our discretion, accept a notice of change in address or other contact information from any Account owner. We will generally accept a notice of name change only from the Account owner whose name has been changed, and we reserve the right to require documentation supporting the name change. We are authorized to contact you by use of the most recent physical address or email address set forth in our records, and any notice or communication sent to you at the most current address noted in our records shall be effective unless we have received an address change notice from you and have had a reasonable opportunity to act on it. If you fail to notify us of a change of address or for any other reason a statement is returned to us, we may destroy the statement.
21. Legal Actions Affecting Your Account. If we are served with a Legal Action relating to your Account we will comply with that legal action. We have no obligation to contact you concerning any Legal Action on your Account, except to the extent required by applicable law. If we are required to restrict access to the funds in your Account or to pay the funds in the Account to a court or third party, we will have no liability to you for such payment or restriction of access, or if there are insufficient funds to pay any transfer or withdrawal requested by you. Any fees or expenses we incur in responding to any Legal Action (including, but not limited to, attorney's fees and our internal expenses) may be charged against your Account.
22. Dormant or Inactive Account. If we are unable to contact you through the U.S. Mail and you do not initiate activity in the Account for the period of time specified by applicable law or regulation, we may treat the Account as being dormant. If an Account is deemed to be dormant, statements will not be mailed, except to the extent required by applicable law. If we have deemed the Account to be dormant, in our discretion, we may refuse to pay transactions on the Account until you have reestablished contact with us. After your Account has been dormant for a certain period of time, we are required by law to surrender the balance in the Account to the applicable state as abandoned property. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
23. Our Limit of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES.
24. Applicable Law. Your Account, your Card and these Terms and Conditions are subject to and governed by the law of the State of Kansas.
25. Notices. All Notices from us will be effective when we have mailed them or delivered them to your last known Address on our records or, if you have opted for electronic delivery of Account statements and Notices, when we have notified you by email that a notice is available for you on our website. Notices from you will be effective when received by us at the telephone number or the address specified in this disclosure. We reserve the right to change the terms and conditions upon which this service is offered. We will provide notice to you at least 21 days before the effective date of any change, to the extent required by law. Use of this service is subject to existing regulations governing your Account(s) and any future changes to these regulations.

II. DEBIT CARD TERMS

1. Card Request. By submitting an application to us either directly or through a third party, you requested us to issue a Card to you. You must activate the Card prior to use by following the instructions that accompany the Card. By activating or using your Card, you agree that this section of the Terms and Conditions governs your Card and its use.
2. Use of Card. You must sign your Card on the back. You may use your Card only for legal transactions and specifically agree that you will not use your Card in any illegal transaction, including illegal Internet gambling. When you use your Card, we will debit your Account in the amount submitted to us, and for any applicable fees. You may use your Card for the purchase or lease of goods or services or for obtaining funds at ATM’s which are part of the network(s) shown on your Card. We have no responsibility for failure of any machine, merchant, financial institution or any other party to honor your Card. If your Account is owned as a Joint Account with Survivorship (and not as Tenants in Common), all of you are jointly and individually responsible for all transactions initiated through your use of the Card.
3. Authorized Users. If you permit someone else to use the Card, you are responsible for all Card transactions initiated by that person, whether or not you have specifically notified us that the person will be using your Card and whether or not the amount of the actual use exceeds your permission.
4. Emergency Replacement. For the purpose of providing emergency Card replacement, we may provide your personal data to MasterCard, its Members, or their respective contractors. By accepting, signing or using the Card, you consent to the release of this information.
5. Cancellation. We can cancel or revoke your Card and/or refuse to allow further transactions at any time. You can cancel your Card by writing us. In either case, you agree to return all Cards cut in half to us.
6. Foreign Transactions. If you use your Card at a foreign merchant or financial institution, the transaction may be made in a foreign currency. Purchases made in currencies other than U.S. Dollars will be converted to U.S. Dollars under regulations established by MasterCard® International Incorporated and may include a margin and fees charged by MasterCard® International Incorporated. Conversion to U.S. Dollars may occur on a date other than the date of the transaction; therefore, the conversion rate may be different from the rate in effect at the time of the transaction. Please refer to the Fee Schedule for more information about our fees.
7. Merchant Acceptance. We have no liability or responsibility if your Card or Card number is not honored by a merchant for all or part of any transaction. We also have no liability if the merchant does not follow the applicable network rules and regulations.
8. Merchant Holds. When you use your Card to rent a vehicle or hotel room, or to make certain other purchases, the merchant might initiate a debit hold on your deposit Account at that time. Merchants may initiate debit holds for many reasons, for example, to satisfy a "security deposit" requirement, or ensuring that you have available funds in your Account when you return the rented vehicle, check out of the hotel, or otherwise complete your purchase. Funds in your Account that are subject to a debit hold will not be available for withdrawal or transfer. If you provide your Card number, or Card to a person to complete a transaction, you authorize us to honor any debit hold or withdrawal request from such person. We have no control over when a merchant "releases" any debit hold that you previously authorized. When a merchant does send us a request to release a debit hold, the released funds will not be available to you for withdrawal until we have had a reasonable opportunity to process the merchant's instructions.
9. Refunds and Disputes. Refunds for goods or services purchased with the Card should not be made in cash, but should be reflected as a credit to your Account. You should settle all disputes you have concerning goods or services with the merchant. We have no liability to you for a merchant’s actions or the quality or price of goods or services you purchase. You may not stop payment of a Card transaction.
10. Change of Terms. We can change the terms and conditions in this Section relating to your Card at any time, provided we send you notice at least twenty-one (21) days prior to the effective date of the change. If you use your Card after the effective date, you will be considered to have agreed to the new terms even if you have sent us written notice that you do not agree to the change. Changes which we make can apply to all outstanding unpaid indebtedness and to any future transactions on your Account.

III. FUND AVAILABILITY DISCLOSURES

1. Your Ability to Withdraw Funds. We do not accept cash or check deposits. Our policy is to make electronic direct deposits available on the day we receive the deposit. Once they are available, you can use the funds to pay authorized debits. For purposes of determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. If we receive a deposit before the cutoff time we establish from time to time on a Business Day, we will consider that day to be the day of your deposit. Our cutoff time is currently 2:00 P.M. Central Time. If we receive a deposit after the applicable cutoff time or on a day we are not open, we will consider that the deposit was made on the next Business Day.
2. Longer Delays May Apply. In some cases, we will not make all of the funds that you deposit available to you according to the above schedule after the day of deposit. 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 the deposit is made. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, we will mail you the notice no later than 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.

In addition, deposited funds may be delayed for a longer period under the following circumstances:

1. You have Overdrawn your Account repeatedly in the last six months.
2. There is an emergency, such as failure of computer or communications equipment.

We will mail a Notice to 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 11th business day after the day of your deposit.

3. 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:

1. Funds from electronic direct deposits to your Account will be available on the day we receive the deposit if it is a Business Day, or the next Business Day.

2. Funds from deposits of wire transfers will be available on the first Business Day after the day of your deposit if the deposit meets certain conditions.

IV. ELECTRONIC FUNDS TRANSFER DISCLOSURES

1. General And Types Of Transfers. The Electronic Fund Transfers we are capable of handling are indicated below, some of which may not apply to your Account. Please read this disclosure carefully because it tells you your rights and obligations for these transactions. You should keep these disclosures for future reference. The following types of Electronic Funds Transfers may be available to you in connection with your Account:

1. Preauthorized Transfers:

• Direct Deposits. You may make arrangements for certain direct deposits to be accepted into your Account. 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 the telephone number listed on your periodic statement to find out whether or not the deposit has been made.
• Preauthorized Withdrawals. You may make arrangements to pay certain recurring amounts from your Account. If these regular payments vary in amount, the person you are going to pay should notify 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 from them) 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.

2. Telephone Transfer. You may access your Account by telephone at 1-800-480-1747 using a touch tone telephone, your Account number and your telephone access code to transfer funds between your Account and any other transaction account or savings account you may maintain with us, and obtain Account information, such as your Account balance.

3. ATM Transfers. You may access your Account by ATM using your Card and personal identification number to withdraw cash from your Account, transfer funds between your Account and any other transaction account or savings account you may maintain with us and obtain information about your Account, such as your Account balance. You may use your Card to access cash at an ATM up to a daily limit of $750 per day. For security purposes, there may be other limits on the amount or number of transfers you may make per day from your Account at an ATM. You should see the Fee Schedule for a comprehensive list of ATM Fees.
4. Point of Sale Transactions. Using your Card, you may access your Account to purchase goods or services in person, by phone, or by computer, obtain cash from a merchant, if the merchant permits or from a participating financial institution. You may use your Card for point of sale transactions up to a maximum of $750 per day, exclusive of ATM withdrawals. For security purposes, there are limits on the frequency and amount of transactions using your Card.
5. Computer Transfers. You may access your Account by computer at www.tricentury.com, using your Account number, your user name and password to transfer funds between your Account and any other transaction account or savings account you may maintain with us, and obtain information about your Account, such as your Account balance. If available, you may also initiate payments to third party payees through our website.
6. Electronic Check Conversion. You may access certain types of Account(s) by electronic check conversion. Your authorization to make this type of electronic funds transfers may be expressed in writing or implied through the posting of a sign. You may make payments by electronic check from your demand deposit Accounts.
7. Electronic Bill Payment. If available, you may access your Account to cause a transfer of funds from your Account to third party payees.

2. Statements and Receipts. You will receive a monthly Account statement from us, unless there are no transactions to your Account in a particular month. In any case, you will get a statement quarterly. You can get a receipt at the time you make any transaction involving your Account using an ATM or making purchases at a POS terminal.

3. 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. Call the telephone number or write to the address listed on your periodic statement in time for us to receive your request three (3) or more business days prior to the scheduled payment date. 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. In order to place a stop payment order on an item drawn against your Account, you must have enough funds on deposit to cover the amount of the item being stopped. If you do not have enough funds on deposit, the stop payment order may not be placed. In addition, should your Account not have sufficient funds at the time the item is presented to the Bank for payment, you may be subject to additional fees even if you already paid a stop payment order fee. If we send you a written confirmation for the stop payment order, we will assume that the stop payment order is correct unless otherwise notified by you. The stop payment order will remain in effect for the period of time reflected on the stop payment order confirmation unless canceled by you, either orally or in writing.
4. Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three (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.
5. Our 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 this Agreement or another 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 complete the transfer.
2. If the money in your Account is subject to legal process or other claims restricting such transfers.
3. If the transfer would go over the credit limit on your overdraft line.
4. If the automated teller machine where you are making the transfer does not have enough cash.
5. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
6. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
7. If access to your Card has been blocked after you reported your Card lost or stolen.
8. If there is a hold or your funds are subject to legal process or other encumbrance.
9. There may be other exceptions stated in other Sections of these Terms and Conditions.
6. Unauthorized Transfers. Tell us AT ONCE if you believe your Card and/or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your Account (plus your maximum overdraft line of credit). If you tell us within four (4) Business Days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within four (4) Business Days after you learn of the loss or theft of your Card and/or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $300. Also, if your statement shows transfers that you did not make, notify us at once. If you do not notify us within 60 days after the statement was mailed or made available 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 notified us in time. If a good reason(such as a long trip or hospital stay) kept you from notifying us, we may extend the time period.
7. If you believe your card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, notify us immediately by calling 800/480-1747, the number on the back of your card, or e-mailing us at customerservice@tricentury.com.
8. Error Resolution. Call us at 800/480-1747 or write us at 3 Century Center, Simpson, KS 67478, or email us at customerservice@tricentury.com, as soon as you can, if you think your statement or receipt is wrong or if you need more information about an electronic 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 also send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we first hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days after we first hear from you to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 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 question in writing and we do not receive it within 10 business days, we may not credit your Account. For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written Notice of explanation. You may ask for copies of the documents that we used in our investigation. If we provided you with provisional credit, we may debit your Account for the amount of the provisional credit if we decide there is no error.

9. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Account or the transfers you make:
1. To complete transfers as necessary;
2. To verify the existence and condition of your Account upon the request of a third party, such as a consumer reporting agency or merchant;
3. To comply with government agency or court orders; or
4. If you give us written permission.

V. TRUTH IN SAVINGS DISCLOSURES / ELECTRONIC DEPOSIT ACCOUNT

1. Rate. This is a non-interest bearing Account.
2. Limitations. Unless you have been approved for Checkwriting privileges, you may not write checks on the Account and all withdrawals must be made through use of Card, via ACH transaction or other electronic transaction approved by us.
3. Fees. The fees applicable to your Account are set forth on the Fee Schedule. If your Account is ever Overdrawn, Overdraft fees in the amount set forth in the Fee Schedule may be assessed.

VI. CONSENT TO ELECTRONIC DISCLOSURES

1. Subsequent Disclosures. We shall furnish you with a periodic statement with respect to your Account not less often than once each calendar month. In addition, we may, from time to time, furnish to you other disclosures or information regarding your Account as required or permitted by applicable law and these Terms and Conditions. Periodic statements and other disclosures or information are referred to in this Section VI as “Subsequent Disclosures”.
2. Consent to Electronic Delivery of this Agreement and Subsequent Disclosures.

1. You agree that this Agreement and the Subsequent Disclosures constitute electronic records under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001 and following).

2. If you receive these Terms and Conditions by visiting our web site, www.tricentury.com, you agree that your electronic signature, which will be logically associated with these Terms and Conditions at that time, constitutes your consent to accept these Terms and Conditions and receive the Subsequent Disclosures in electronic form.
3. If you receive these Terms and Conditions in paper form, your use of your Card constitutes your consent to accept these Terms and Conditions and receive the Subsequent Disclosures in electronic form.
4. We may provide Subsequent Disclosures to you by making them available on a secure web site (the “Statement Delivery Location”). We will notify you by electronic mail (“Email Notification”) of the web address of the Statement Delivery Location, that a periodic statement is available at the Statement Delivery Location, and that the statement will be available for your review for not less than ninety (90) days after the date of the Email Notification. The time during which billing errors may be resolved with respect to each periodic statement begins on the date of each Email Notification. At any time, you may ask us to provide you with a paper copy of Subsequent Disclosures. We will charge your Account the paper statement fee set forth in the Fee Schedule each time we provide a paper copy of Subsequent Disclosures.
5. If an Email Notification is returned to us undelivered, we shall take reasonable steps to attempt redelivery using information in our files. Until such time, if any, that you provide us a valid Email address, we will send Subsequent Disclosures to the most current physical (or post office box) address we have in our files. Therefore, to assure your uninterrupted receipt of Email Notifications, you must promptly notify us each time you change your Email address.
6. You may withdraw your consent to receive Subsequent Disclosures by contacting us at 800-480-1747 or email us at customerservice@tricentury.com. Such notice shall be effective when we actually receive it. If you withdraw your consent to receive Subsequent Disclosures electronically, we will charge your Account the paper statement fee set forth in the Fee Schedule.

VII. PRIVACY STATEMENT

At TriCentury Bank, we understand the importance of trust and confidentiality when it comes to handling your private financial information. Because we respect your privacy, the protection of your personal information is always of our utmost concern.

With this in mind, we have established this Privacy Policy for your reference. This financial privacy notice describes the information that we collect and how it may be disclosed.

We collect nonpublic personal information about you from the following sources:

Information we receive from you on applications and other forms;

Information about your transactions with us, our affiliates, or others; and

Information we receive from a third party, such as a consumer reporting agency.

“Nonpublic personal information” is nonpublic information about you that we may obtain in connection with providing a financial product or service to you. This could include information such as account balances, payment history and Overdraft history.

We may disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. We may also disclose nonpublic personal information about you as permitted by law. For example, we may disclose nonpublic personal information about you to third parties to assist in the servicing of your loan or account with us, to government entities in response to subpoenas, to credit bureaus, and for IRS reporting purposes.

If you decide to close your Account(s) or become an inactive customer, we will adhere to the privacy policies and practices as described in this notice.

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

If you have any questions regarding this policy, contract TriCentury Bank at 800-480-1747 or email us at customerservice@tricentury.com.

VIII. OVERDRAFT PROTECTION POLICY

Since you are a valued customer of TriCentury Bank, we want to be able to help you at those times when a little extra may be needed. Our discretionary overdraft protection program allows us to permit you to create overdrafts in your Account. If your Account is in good standing (requirements listed below) we may consider, at our discretion, paying items that overdraw your Account. After reading this Section, if you feel you that Overdraft Protection is appropriate for you and you meet the criteria, please contact Customer Service at 800-480-1747 to enroll in Overdraft Protection.

1. Overdraft Protection Is Not a Line of Credit. It is a discretionary program and not a right or obligation guaranteed to you. We may pay or reject any transaction on the Account that exceeds the available balance, and we may pay transactions in any order. If your Account meets the good standing requirements below, we will establish an “Overdraft Protection Limit” for you and, in our discretion, can pay up to the applicable Overdraft Protection Limit. The initial Overdraft Protection Limit that will be applicable when all good standing requirements are met will be $100, and will include all applicable fees. We will not assess more than three Insufficient Funds fees and three Overdraft fees during any one day.

The good standing requirements which must be met include:

1. Your Account must have been open and active for at least 60 days from the date of your first regular direct deposit (excluding payday loans and MoneyGram deposits); and
2. You are receiving regular direct deposits (at least 2 in the last 60 days) other than payday loans and MoneyGram deposits, which are sufficient to cover withdrawals consistent with your past practices, and
3. You have received $400 or more in direct deposits (other than payday loans and MoneyGram deposits) in your Account in the past 30 day period, and
4. You are not in default on any loan or other obligation to us, and
5. You are not subject to any legal or administrative order or levy, and
6. Your Account is not overdrawn more than 30 days.

2. Operation of Overdraft Protection. We have adopted this discretionary overdraft policy to provide for the highest efficiency in managing customer overdrafts consistently and fairly. We may, in our discretion, pay and permit transactions including ATM withdrawals, debit card transactions, preauthorized automatic debit, telephone-initiated transfers or other electronic transfers (“items”) when you do not have sufficient available funds, up to the Overdraft Protection Limit. An overdraft could occur each time an item is presented for payment and there are not sufficient collected funds in your Account to pay the item in full. An Overdraft Fee as disclosed on the Fee Schedule will be assessed for each item that is submitted for which you do not have sufficient available funds in the Account to cover the item when it is processed each evening.

It is our current practice to process Account activity each evening for items received prior to the daily cut off time, which is 2 p.m. on each Business Day. To process your Account, we first credit all deposits, then process all items in dollar amount order from high to low. Your Account balance is adjusted downward in an amount equal to the amount of each Item processed. An Overdraft Fee will be charged for each transaction if the amount of the transaction is greater than the Account balance at the time the item is processed. In the event the Overdraft Protection Limit we have established for you is exceeded, we may return items, at our option, to maintain the Account balance within the Overdraft Protection Limit. All items returned for non-sufficient funds are subject to the Insufficient Funds fee disclosed on the Fee Schedule. Multiple Overdraft fees and Insufficient Funds fees may be assessed on a Business Day when multiple items are paid and/or returned in accordance with this Policy.

3. Your Obligations. If an item is presented for payment on your Account and an Overdraft occurs, pursuant to these Terms and Conditions, you agree to pay us the amount of any Overdraft Fees and other applicable fees immediately, without notice or demand from us. Each Account owner is jointly and severally responsible under these Terms and Conditions for repaying any Overdraft amounts. We do not offer an Overdraft line of credit product to which we can transfer the amounts of your Overdrafts. Accordingly, if you do not transfer funds to your Account within 90 days after the Account becomes overdrawn, we reserve the right to cancel your Account. Such cancellation shall not effect our right to pursue Legal Action to collect the Overdrawn amount. An Overdraft could occur each time a check is presented for payment (if you have been approved for Checkwriting) or an ATM withdrawal, electronic check, or other electronic means of withdrawing funds from your Account is processed and there are not sufficient collected funds in your Account to honor the withdrawal request in full.
4. General. It is our policy to operate in accordance with all applicable regulatory safety and soundness standards. This Overdraft Protection Policy sets out our and your duties, obligations and rights with regard to Overdraft Protection. The previous Sections of these Terms and Conditions shall control in the event of any conflict between those sections and this Overdraft Protection Policy.
5. Cancellation of Participation in Overdraft Protection. If you enroll in Overdraft Protection and later decide that you no longer wish to participate, you may do so by submitting your request in writing via email to overdraft@tricentury.com or by mail to:

Overdraft Protection Department, TriCentury Bank,

5200 W. 94^th Terrace, #206, Prairie Village, KS 66207

You should understand that all accounts are subject to Overdraft fees and Insufficient Funds fees when applicable, including accounts which are not enrolled in the Overdraft Protection Program. If your Account is not part of the Overdraft Protection Program it is our policy to return all items presented for payment if collected funds are not available in the Account.