Common use of Foreign Instruments Clause in Contracts

Foreign Instruments. FSB may refuse to accept for deposit or collection a check, draft, or other item that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside of the United States (a “foreign instrument”). If FSB accepts a foreign instrument for deposit or collection, you bear all the risks associated with the collection process and foreign currency fluctuation (exchange rate risk). A foreign instrument may be returned unpaid much later (sometimes several months after FSB processes the foreign instrument) than instruments that are drawn on banks located in the United States. You bear all the risks of a late return. Generally, FSB will not credit a foreign instrument to your account until FSB receives the proceeds in cleared funds from the paying bank. If FSB does provide credit, such credit is provisional and FSB may reverse the credit at any time if the foreign instrument is returned unpaid or is initially paid but then subsequently returned for fraud. You agree that FSB may use the then-current exchange rate for such reversals and FSB may charge your account for the full value of the foreign instrument, including any applicable fees, which may result in a loss to you. If you deposit an item which is later determined to be a foreign instrument, it may or may not need to be sent for collection. If FSB determines the instrument needs to be sent for collection, FSB may reverse any provisional credit given for the item at FSB’s then- current exchange rate and send the foreign instrument to you at the address on record for your account. You may then ask FSB to send the instrument for collection. You understand that foreign instruments sent for collection are sent solely for you and at your risk and that FSB is not liable for any event in the collection process which is beyond FSB’s control, including a default by any banks or agents involved in the You must correctly identify the account to which you want funds deposited. You are responsible for any claim, cost, loss, or damage caused by your failure to properly identify the account to which a deposit is made or intended to be made. FSB may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name on the deposit slip or other instruction differs from the name on the account.

Foreign Instruments. FSB may refuse to accept for deposit or collection a check, draft, or other item that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside of the United States (a “foreign instrument”). If FSB accepts a foreign instrument for deposit or collection, you bear all the risks associated with the collection process and foreign currency fluctuation fluctuation (exchange rate risk). A foreign instrument may be returned unpaid much later (sometimes several months after FSB processes the foreign instrument) than instruments that are drawn on banks located in the United States. You bear all the risks of a late return. Generally, FSB will not credit a foreign instrument to your account until FSB receives the proceeds in cleared funds from the paying bank. If FSB does provide credit, such credit is provisional and FSB may reverse the credit at any time if the foreign instrument is returned unpaid or is initially paid but then subsequently returned for fraud. You agree that FSB may use the then-current exchange rate for such reversals and FSB may charge your account for the full value of the foreign instrument, including any applicable fees, which may result in a loss to you. If you deposit an item which is later determined to be a foreign instrument, it may or may not need to be sent for collection. If FSB determines the instrument needs to be sent for collection, FSB may reverse any provisional credit given for the item at FSB’s 's then- current exchange rate and send the foreign instrument to you at the address on record for your account. You may then ask FSB to send the instrument for collection. You understand that foreign instruments sent for collection are sent solely for you and at your risk and that FSB is not liable for any event in the collection process which is beyond FSB’s control, including a default by any banks or agents involved in the collection process or for loss of the foreign instrument in transit. FSB may send the foreign instruments directly or through a correspondent to any bank, including the payor. FSB may deduct both FSB’s fees and the charges assessed by the payor bank and any agents involved in the collection process from the amount collected or from your account. If the collection is returned unpaid, FSB may mail the foreign instrument to you at the address on record for your account. FSB may also charge your account for the item at FSB's then-current exchange rate and for a collection fee together with other charges assessed by the payor bank or any other party involved in the collection process. You must correctly identify the account to which you want funds deposited. You are responsible for any claim, cost, loss, or damage caused by your failure to properly identify the account to which a deposit is made or intended to be made. FSB may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name on the deposit slip or other instruction differs from the name on the account.

Foreign Instruments. FSB USB may refuse to accept for deposit or collection a check, draft, or other item that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside of the United States (a “foreign instrument”). If FSB USB accepts a foreign instrument for deposit or collection, you bear all the risks associated with the collection process and foreign currency fluctuation fluctuation (exchange rate risk). A foreign instrument may be returned unpaid much later (sometimes several months after FSB USB processes the foreign instrument) than instruments that are drawn on banks located in the United States. You bear all the risks of a late return. Generally, FSB USB will not credit a foreign instrument to your account until FSB USB receives the proceeds in cleared funds from the paying bank. If FSB USB does provide credit, such credit is provisional and FSB USB may reverse the credit at any time if the foreign instrument is returned unpaid or is initially paid but then subsequently returned for fraud. You agree that FSB USB may use the then-then- current exchange rate for such reversals and FSB USB may charge your account for the full value of the foreign instrument, including any applicable fees, which may result in a loss to you. If you deposit an item which is later determined to be a foreign instrument, it may or may not need to be sent for collection. If FSB USB determines the instrument needs to be sent for collection, FSB USB may reverse any provisional credit given for the item at FSBUSB’s then- then-current exchange rate and send the foreign instrument to you at the address on record for your account. You may then ask FSB USB to send the instrument for collection. You understand that foreign instruments sent for collection are sent solely for you and at your risk and that FSB USB is not liable for any event in the collection process which is beyond FSBUSB’s control, including a default by any banks or agents involved in the collection process or for loss of the foreign instrument in transit. USB may send the foreign instruments directly or through a correspondent to any bank, including the payor. USB may deduct both USB’s fees and the charges assessed by the payor bank and any agents involved in the collection process from the amount collected or from your account. If the collection is returned unpaid, USB may mail the foreign instrument to you at the address on record for your account. USB may also charge your account for the item at USB’s then-current exchange rate and for a collection fee together with other charges assessed by the payor bank or any other party involved in the collection process. You must correctly identify the account to which you want funds deposited. You are responsible for any claim, cost, loss, or damage caused by your failure to properly identify the account to which a deposit is made or intended to be made. FSB USB may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name on the deposit slip or other instruction differs from the name on the account.

Foreign Instruments. FSB ‌ You agree that you may not write checks or other withdrawal orders on your account, which order payment in a foreign currency. The processing and collection of foreign instruments are not subject to United States laws or regulations. We may refuse to accept for deposit or collection a check, draft, or other item that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside of the United States U.S. (a “foreign instrument”). If FSB accepts we accept a foreign instrument for deposit or collection, you bear all the risks associated with the collection process and foreign currency fluctuation fluctuation (exchange rate risk). A foreign instrument may be returned unpaid much many months later (sometimes several months after FSB processes we process the foreign instrument) than instruments that are drawn on banks located in the United Statesitem. You bear all the risks of a late return. Generally, FSB will We may decide not to credit a foreign instrument to your account until FSB receives we receive the proceeds in cleared funds from the paying bank. If FSB does we do provide credit, such credit is provisional and FSB we may reverse the credit at any time if the foreign instrument is returned unpaid or is initially paid but then subsequently returned for any reason, including fraud. You agree that FSB we may use the then-then current exchange rate for such reversals and FSB we may charge your account for the full value of the foreign instrument, including any applicable fees, which may result in a loss to you. If you deposit an item which is later determined to be a foreign instrument, it may or may not need to be sent for collection. If FSB determines we determine the instrument needs to be sent for collection, FSB we may reverse any provisional credit given for the item at FSB’s then- our then current exchange rate and send mail the foreign instrument to you at the address we have on record file for your accountyou. You may then ask FSB us to send the instrument for item on collection. You understand that foreign instruments sent for collection are sent solely for you and at your risk and that FSB is we are not liable for any event in the collection process which that is beyond FSB’s our control, including such as a default by any banks or agents involved in the You must correctly identify the account to which you want funds deposited. You are responsible for any claim, cost, losscollection process, or damage caused for the loss of the foreign item in transit. We may send the foreign instruments directly or through a correspondent to any bank. We may deduct both our fees and the charges assessed by the payor bank and any agents involved in the collection process from your failure to properly identify the account to which a deposit is made or intended to be made. FSB may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name collection is unpaid. If the collection is returned unpaid, we may mail the item to you at the address we have on record for you. We may also charge your account for the item at our then current exchange rate and for a collection fee together with any charges assessed by any other parties to the collection process. You should be aware that a foreign instrument that has been sent for collection and paid may be returned later, sometimes much later, for fraud, and we may debit your account at the then current exchange rate, including fees assessed by the foreign bank for any instrument returned for fraud. At your request, we will try to determine the status of a collection. You agree to pay any fees associated with the request. We may refuse your request if more than thirty (30) days have passed since the collection was first processed. Lost Checks‌ When we accept a check for deposit to your account, we are acting as your agent in collecting the check. We are not responsible if a check is lost or delayed during the collection process. If a check is lost during the collection process, we may charge your account for the amount of the check. If the financial institution on which the check is drawn gives us a photocopy of the check or a replacement document representing the check, we may charge your account for the amount of the check. A lost check may not be returned to us for some time. Despite any delay, we may charge your account when we receive either the returned check, a copy of the check, or a notice of return. Returned Deposit Cashed Items‌ This section applies to items that you deposit, and includes items drawn on us and items drawn on other banks. If a deposited item is returned to us at any time for any reason, including for breach of warranty claims, or according to any law, regulation, or rule (including a clearinghouse rule), by the bank on which it is drawn or any collecting bank, we may accept the return and charge the item back against your account without regard to whether the other bank finally paid the item or returned the item in accordance with any applicable midnight deadline or clearinghouse rule. We may debit your account for any interest you may have provisionally earned on the deposit slip item. We may charge you a fee for each returned item. Refer to the Disclosure of Products and Fees. Different fees may apply to domestic and foreign items. We may debit your account for a returned item, including an indemnified copy of the original item or an image replacement document (“IRD”), at any time on or after the day it is returned to us by electronic, automated clearinghouse (“ACH”) or other instruction differs means or on the day we receive notice that the item is being returned to us – whichever is earlier. We are not liable for any action or inaction to recover payment of a returned item. If one of your deposited items have been paid by the financial institution on which it is drawn and is later returned to us with a claim there is a breach of warranty (for example, it is forged or bears a missing endorsement), that the item is counterfeit, bears an unauthorized signature, contains an encoding error or should not have been paid for any reason, we may debit your account for the amount of the item, including any applicable fees, and pay the amount to the claiming party. We are not obligated to question the truth of the facts that are asserted, to assess the timeliness of the claim or to assert any defense. We do not need to notify you in advance of our actions related to the claim. If you do not have sufficient funds to cover a returned item, we may overdraw your account and charge a non-sufficient funds fee. We are not liable to you if there are insufficient funds to pay your items because we withdraw funds from your account in connection with a returned item. You agree to immediately repay an overdraft caused by a returned deposited or cashed item. In some cases, the bank on which the returned check or other item is drawn may send us an electronic notice of return, an indemnified copy of the original, or an image replacement document (“IRD”), instead of returning the item. We may act on, and you agree to be bound by, the electronic notice of return, or indemnified copy or IRD just as if the original item had been returned. If we receive advance notice from another financial institution that it is returning to us a check of $2,500 or more unpaid, we will generally send you a notice. We may not send notices for items of less than $2,500. Account Corrections‌ If funds to which you are not entitled are deposited to your account by mistake or otherwise, we may deduct these funds from your account. If there are not enough funds in your account, we may overdraw your account and charge an overdraft fee. If the funds were transferred from your account, we may reverse the transfer. We can do this without prior notice or demand. Substitute Checks‌ You agree that you will not deposit “substitute checks,” as defined by federal law or Image Replacement Documents (“IRDs”) that purport to be substitute checks and have not been previously endorsed by a bank, unless we enter into an agreement to do so. If you deposit such an item, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation, and you agree to reimburse us for claims, losses, costs, and damages we may incur. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, you agree to reimburse us for all claims, losses, costs, and damages we incur because the substitute check resulting from the name electronic representation does not meet applicable substitute check standards or causes duplicate payments. Multiple Signatures‌ Your signature card identifies who is authorized to make withdrawals, transfer funds, place stop payments, obtain ancillary services, and otherwise give us instructions regarding your account. We do not offer accounts on which two or more signatures are required for withdrawal. Although your account may indicate that more than one signature is required for the withdrawal or transfer of funds, that notation is principally for your own purposes. We do not assume a duty to support multiple signature requirements. As such, we assume no duty to confirm that two or more (or any combination) of authorized signers have approved any transaction and we may act upon the instructions of any one authorized signer. Although we may attempt on occasion to enforce the multiple signature requirement shown on your card (for example, by refusing to permit a transaction by other than the stated number and/or combination of authorized signers), we may cease doing so at any time and without notice. We may pay out funds from your account if the item or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on the account.. We are not liable to you if we do this. Item Processing‌ We may accept, pay, certify, or charge checks and other items to the appropriate account in any order we choose. An “item” refers to checks, substitute checks, purported substitute checks, electronic items or transactions, drafts, demand draft, remotely created items, image replacement documents, indemnified copies, preauthorized payments, automatic transfers, telephone- initiated transfers, ACH transactions, online banking transactions, or other instructions or orders for the payment, transfer, or withdrawal of funds, and an image or photocopy of any of the foregoing. Facsimile Signature‌ If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size, or color, of the facsimile signature is different from any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses, and damages, including attorneys’ fees, that result from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile we believe you authorized. Restricting Transactions on Your Account‌ As part of our loss prevention efforts, if we suspect that irregular, unauthorized, or unlawful activities may be involved with your account, we may restrict access or transactions (“freeze”) or place a hold on your account and on other accounts you maintain with us, without any liability to you, pending an investigation of such suspected activities. If we restrict your account as described, we will provide any notice required by the laws governing your account. Voluntary Disclosure of Account Information‌ If you voluntarily disclose your account number to another person orally, electronically, in writing or by other means, you are deemed to have authorized each item, including electronic debits that result from your disclosure. We may pay these items and debit your account. Large Cash Withdrawals‌ Miscellaneous Terms and Services‌ Automatic Transfer Service‌ With this service, you may arrange to have funds transferred automatically from a Money Market Account to other Bank accounts. In most cases, we will make transfers periodically on the days and for the amounts that you specify. A scheduled transfer that falls on a weekend or bank holiday is made the next business day. If we are unable to complete a transfer because you do not have enough funds available in your account, we may cancel the service. Business Days‌ Our business days are Monday through Friday, excluding bank holidays. We may switch from one business day to the nest business day before the end of the calendar day. Claims / Conflicts to Your Account‌ If we receive notice that another person or entity makes a claim against funds in your account or if we believe that a conflict exists between signers on the account or that there is a dispute over matters such as account ownership or transaction authority, we may take one or more of the following actions without being liable to you. We may continue to rely on current signature cards and other account documents; we may honor the competing claim upon receipt of what we deem to be acceptable documentation to justify such claim; we may freeze all or a part of the funds until the dispute is resolved to our satisfaction; we may close the account and issue a check for the balance in the account, either payable to you or to you and each claimant; or pay the funds to an appropriate court for resolution. You agree that you are liable for all expenses and fees we incur, including attorneys’ fees, and we may charge them to your account. Currency Exchange Rates‌ If we receive a transaction denominated in a foreign currency for credit to your account (such as a wire denominated in a foreign currency), we may determine and assign a currency exchange rate to your transaction without notice to you. You agree to this arrangement and accept our determination of the currency exchange rate. We may consider many other factors in setting the currency exchange rate, including and without limitation, exchange rates charged by other parties, desired rates of return, market risk, and credit risk. You understand and agree that the exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter-bank transactions effected during the business day, as reported in the Wall Street Journal or elsewhere. Exchange rates offered by other dealers, or shown at other sources may be different from our rates. You agree that we are not liable to you if our rates are different from rates offered or reported by third parties, or offered by us at a different time, through a different channel, for a different transaction amount, or involving a different mode of payment. You also understand and agree that exchange rates are highly volatile. You assume all risks relating to or arising from fluctuations in the exchange rates between currencies involved in each of these transactions. Cutoff Time‌

Foreign Instruments. FSB may refuse to accept for deposit or collection a check, draft, or other item that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside of the United States (a “foreign instrument”). If FSB accepts a foreign instrument for deposit or collection, you bear all the risks associated with the collection process and foreign currency fluctuation fluctuation (exchange rate risk). A foreign instrument may be returned unpaid much later (sometimes several months after FSB processes the foreign instrument) than instruments that are drawn on banks located in the United States. You bear all the risks of a late return. Generally, FSB will not credit a foreign instrument to your account until FSB receives the proceeds in cleared funds from the paying bank. If FSB does provide credit, such credit is provisional and FSB may reverse the credit at any time if the foreign instrument is returned unpaid or is initially paid but then subsequently returned for fraud. You agree that FSB may use the then-current exchange rate for such reversals and FSB may charge your account for the full value of the foreign instrument, including any applicable fees, which may result in a loss to you. If you deposit an item which is later determined to be a foreign instrument, it may or may not need to be sent for collection. If FSB determines the instrument needs to be sent for collection, FSB may reverse any provisional credit given for the item at FSB’s then- current exchange rate and send the foreign instrument to you at the address on record for your account. You may then ask FSB to send the instrument for collection. You understand that foreign instruments sent for collection are sent solely for you and at your risk and that FSB is not liable for any event in the collection process which is beyond FSB’s control, including a default by any banks or agents involved in the collection process or for loss of the foreign instrument in transit. FSB may send the foreign instruments directly or through a correspondent to any bank, including the payor. FSB may deduct both FSB’s fees and the charges assessed by the payor bank and any agents involved in the collection process from the amount collected or from your account. If the collection is returned unpaid, FSB may mail the foreign instrument to you at the address on record for your account. FSB may also charge your account for the item at FSB’s then-current exchange rate and for a collection fee together with other charges assessed by the payor bank or any other party involved in the collection process. You must correctly identify the account to which you want funds deposited. You are responsible for any claim, cost, loss, or damage caused by your failure to properly identify the account to which a deposit is made or intended to be made. FSB may credit an account based solely on the account number listed on the deposit slip or other instruction to credit an account, even if the name on the deposit slip or other instruction differs from the name on the account.