Payable on Death (POD) Account (Subject to this Form).
A beneficiary acquires the right to withdraw only if (1) the person
creating the account dies, and (2) the beneficiary is then living. The
person creating this account type reserves the right to: (1) change
beneficiaries; (2) change account types; and (3) withdraw all or any part
of the deposit at any time. This agreement is governed by North Carolina
General Statutes §53C-6-7.
You must notify us in writing before, or within a day grace
period after the maturity date if you do not want this account to
automatically renew.
Trust Account Subject to Separate Agreement.
We will abide by the
terms of any separate agreement which clearly pertains to this account
and which you file with us. Any additional consistent terms stated on this
form will also apply.
Set-Off.
You each agree that we may (without prior notice and when
permitted by law) set off the funds in this 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 person' s 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: (a) it is an Individual
Retirement Account or other tax-deferred retirement account, or (b) the
debt is created by a consumer credit transaction under a credit card plan,
or (c) the debtor's right of withdrawal arises only in a representative
capacity. You agree to hold us harmless from any claim arising as a result
of our exercise of our right of set-off.
Balance Computation Method.
We use the daily balance method to
calculate the interest on this account. This method applies a daily periodic
rate to the principal in the account each day.
Transaction Limitations.
You cannot make additional deposits to this
account during a term (other than credited interest). You cannot withdraw
principal from this account without our consent except on or after
maturity. (For accounts that automatically renew, there is a grace period
after each renewal date during which withdrawals are permitted without
penalty.)
In certain circumstances, such as the death or incompetence of an account
owner, the law permits, or in some cases requires, the waiver of the early
withdrawal penalty. Other exceptions may also apply, for example, if this
is part of an IRA or other tax-deferred savings plan.
For Accounts that Automatically Renew.
Each renewal term will be
, beginning on the maturity date
(unless we notify you, in writing, before a maturity date, of a different
term for renewal).
Interest earned during one term that is not withdrawn during or
immediately after that term is added to principal for the renewal term.
The rate for each renewal term will be determined by us on or just before
the renewal date. You may call us on or shortly before the maturity date
and we can tell you what the interest rate will be for the next renewal
term. On accounts with terms of longer than one month we will remind
you in advance of the renewal and tell you when the rate will be known
for the renewal period.
Se
e your plan disclosure if this account is part of an IRA or Keogh.
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original term
10
Additional Terms and Conditions - North Carolina
Definitions.
As used in these Terms and Conditions on page 2,
"we,"
"our,"
and
"us"
mean the issuer of this account and
"you"
and
"your"
mean the depositor(s).
"Account"
means the original certificate of deposit
as well as the deposit it evidences.
Transfer.
"Transfer"
means any change in ownership, withdrawal
rights, or survivorship rights, including (but not limited to) any pledge or
assignment of this account as collateral. You cannot transfer this account
without our written consent.
Primary Agreement.
You agree to keep your funds with us in this
account until the maturity date. (An automatically renewable account
matures at regular intervals.) You may not transfer this account without first
obtaining our written consent.
This account is void if the deposit is made by any method requiring
collection (such as a check) and the deposit is not immediately collected
in full. If the deposit is made or payable in a foreign currency, the amount
of the deposit will be adjusted to reflect final exchange into U.S. dollars.
We may change any term of this agreement. Rules governing changes in
interest rates have been provided. For other changes we will give you
reasonable notice in writing or by any other method permitted by law.
If any notice is necessary, you all agree that the notice will be sufficient if
we mail it to the address you provided in your application. You must notify
us of any change.
Withdrawals and Transfers.
Only those of you who sign the Terms and
Conditions of Your Account may withdraw funds from this account. (In
appropriate cases, a court appointed representative, a beneficiary of a trust
or pay-on-death account whose right of withdrawal has matured, or a
newly appointed and authorized representative of a legal entity may also
withdraw from this account.) Unless otherwise specified in writing, only
one endorsement is required to withdraw funds from this account.
These same rules apply to define the names and the number of you who
can request our consent to a transfer.
Pledges.
Any pledge of this account (to which we have agreed), must
first be satisfied before the rights of any joint account survivor,
pay-on-death beneficiary or trust account beneficiary become effective. For
example, if one joint tenant pledges the account for payment of a debt and
then dies, the surviving joint tenant' s rights in this account are subject first
to the payment of the debt.
Account Ownership.
You intend these rules to apply to this account
depending on the form of ownership and beneficiary designation, if any.
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.
Individual Account.
Such an account is owned by one person.
Joint Account - With Survivorship.
Such an account is issued in the
name of two or more persons. Each of you intends that regardless of
whose funds are deposited in the account, 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 joint tenants with survivorship until you
inform us of a change in ownership or close this account. This agreement
is governed by North Carolina General Statutes §53C-6-6.
Joint Account - No Survivorship.
Such an account is issued to two or
more persons but none of you intends (merely by opening this account) to
create any right of survivorship in any other person. We encourage you to
agree and tell us in writing of the percentage of the deposit contributed by
each of you. This information will not, however, affect the "number of
endorsements" necessary for withdrawal.
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