Common use of Night Depositories Clause in Contracts

Night Depositories. If you have entered into a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this section. You must make deposits in our night depository only by use of securely sealed envelopes. We are not responsible for deposits that are not in securely sealed envelopes. You will not receive a deposit receipt if you use the night depository. All night depository transactions are subject to later verification by us. You must be certain that your deposit has entered the interior vault of the night depository. We are not responsible for any deposits until the envelope and its contents have fallen down the interior chute of the night depository and landed on the floor of the interior vault. Placing an envelope or other materials in the exterior door of the night depository or in the mouth or upper portion of the interior chute is not a deposit. The relationship established by each use of the night depository is a separate bailment. You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to us. After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correct. If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligent. You must also take all reasonable steps to mitigate any loss or damages. We do not insure the night depository or anything you put in it. We are responsible only for using ordinary care for items placed in the night depository. We will not be responsible for any loss caused by fire, flood, vandalism, burglary, acts of God or water damage. In no event will we be responsible for consequential damages or lost profits. We do not have guards or cameras at night depository locations. We do not guarantee your safety at the night depository. When making deposits you should exercise due care and assess the risks associated with the time of day, lighting, the location of the night depository and other factors affecting personal safety. We recommend that you do not use the night depository at night without adequate protection or if there are any suspicious circumstances. Please refer to the section entitled “ATM Safety” for additional recommendations regarding safety at unstaffed locations. Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be the order in which you conducted them. Your account statement may not necessarily report credits and debits in the order in which we posted them to your account. Please note that this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs, the order in which it is presented, the amount, system availability, potential risk of loss to the Bank, and the type of transaction, among other variables. Generally, we post the following transaction types at the end of each business day in the following order:

Night Depositories. If you have entered into enteredinto a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this section. You must make deposits in our night depository only by use of securely sealed envelopes. We are not responsible for deposits that are not in securely sealed envelopes. You will not receive a deposit receipt if you use the night depository. All night depository transactions are subject to later verification by us. You must Youmust be certain that your deposit has entered the interior vault of the night depositorydeposithas enteredtheinteriorvaultof thenightdepository. We are Weare not responsible for responsiblefor any deposits until the envelope and its contents have fallen down the interior chute depositsuntilthe envelopeanditscontentshavefallendowntheinteriorchute of the night depository and landed on the floor of the interior vault. Placing an envelope or other materials in the exterior door of the night thenight depository or in the mouth or upper portion of the interior chute is mouthor upperportionof theinteriorchuteis not a depositadeposit. The relationship established by Therelationshipestablishedby each use of the night depository is a separate bailment. You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to us. After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correct. If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligent. You must also take all reasonable steps to mitigate any loss or damages. We do not insure the night depository or anything you put in itinsurethe nightdepositoryor anythingyou putinit. We are responsible only for using ordinary care for items placed in the night depositoryWeareresponsibleonlyforusingordinarycareforitemsplacedin thenightdepository. We will not Wewillnot be responsible for any loss caused losscaused by fire, flood, vandalism, burglary, acts of God or water damagewaterdamage. In no event will we be responsible for consequential damages responsibleforconsequentialdamages or lost profitslostprofits. We do not have guards or cameras at night depository locationsnightdepositorylocations. We do not guarantee your safety at the night depositorynightdepository. When making deposits Whenmakingdeposits you should exercise due exercisedue care and assess the risks associated with the time assesstherisksassociatedwiththetime of day, lighting, the location thelocation of the night depository nightdepository and other factors affecting personal safetyotherfactorsaffectingpersonalsafety. We recommend that you do not use the night depository at night without adequate protection or if there are any suspicious circumstances. Please refer to the section entitled “ATM Safetysectionentitled“ATMSafety” for additional recommendations regarding safety at unstaffed locations. Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be the order in which you conducted them. Your account statement Youraccountstatement may not necessarily report credits necessarilyreportcredits and debits in the order in which debitsinthe orderinwhich we posted them to postedthemto your account. Please note that Pleasenotethat this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs,theorderinwhichitispresented, the order in which it is presentedtheamount, the amountsystemavailability, system availability, potential risk potentialrisk of loss to the losstothe Bank, and the type of transaction, among other variablesamongothervariables. Generally, we post the following transaction types thefollowingtransactiontypes at the end of each business day in the following order:

Night Depositories. If you have entered into a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this sectionsection . You must make deposits in our night depository only by use of securely sealed envelopesenvelopes . We are not responsible for deposits that are not in securely sealed envelopesenvelopes . You will not receive a deposit receipt if you use the night depositorydepository . All night depository transactions are subject to later verification by usus . You must be certain that your deposit has entered the interior vault of the night depositorydepository . We are not responsible for any deposits until the envelope and its contents have fallen down the interior chute of the night depository and landed on the floor of the interior vaultvault . Placing an envelope or other materials in the exterior door of the night depository or in the mouth or upper portion of the interior chute is not a depositdeposit . The relationship established by each use of the night depository is a separate bailmentbailment . You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to usus . After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correctcorrect . If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligentnegligent . You must also take all reasonable steps to mitigate any loss or damagesdamages . We do not insure the night depository or anything you put in itit . We are responsible only for using ordinary care for items placed in the night depositorydepository . We will not be responsible for any loss caused by fire, flood, vandalism, burglary, acts of God or water damagedamage . In no event will we be responsible for consequential damages or lost profitsprofits . We do not have guards or cameras at night depository locationslocations . We do not guarantee your safety at the night depositorydepository . When making deposits you should exercise due care and assess the risks associated with the time of day, lighting, the location of the night depository and other factors affecting personal safetysafety . We recommend that you do not use the night depository at night without adequate protection or if there are any suspicious circumstancescircumstances . Please refer to the section entitled “ATM Safety” for additional recommendations regarding safety at unstaffed locationslocations . Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be regardless of the order in which you conducted themthe items occur or in which we receive them . Your account statement may will not necessarily report credits and debits in the order in which we posted them to your accountaccount . Please note that this process may change from time to time, without prior notice to youyou . Our order of posting depends on a number of factors, including when a transaction occurs, whether it has already been approved by us or has become final, the order in which it is presented, the amount, system availability, potential risk of loss to the Bank, and the type of transaction, among other variablesvariables . GenerallyUsually, we post credits are posted first, and debits and transfers are posted in ascending (low-to-high) order by dollar amount . We generally process withdrawals in the following transaction types sequence at the end of each business day the banking day: (1) checks cashed at the Bank; (2) ATM withdrawals; (3) wires; (4) on-us checks deposited by another Bank client; (5) point of sale purchases; (6) ACH transactions; (7) electronic check conversion transactions; (8) checks presented for payment against your account; and (9) bank service charges . There are exceptions to this general rule, as well . We always reserve the right to post transactions that are payable to us first, and we may post any transaction earlier or later in the following order:process than indicated . If you want to avoid an overdraft or the possibility of a rejected transaction, you should take steps to ensure that your account has sufficient funds to cover each of your transactions and our fees . The order in which we post your transactions may affect whether you incur fees for insufficient or unavailable funds and the number of transactions for which a fee is charged . A fee is charged for each transaction that exceeds the amount of sufficient or available funds in your account to pay it .