Common use of Available Balance Clause in Contracts

Available Balance. Your account’s Available Balance is our most current record of the amount of money in your account that is available for use or withdrawal (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited funds in your account, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or withdrawal, including without limitation, to pay for checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account. We use the account’s Available Balance to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, and in assessing fees in connection with any overdrafts. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction you have initiated or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, in order to avoid fees and/or overdrawing your account, it is imperative that you take into account the availability of funds in your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawal.

Available Balance. Your account’s Available Balance is our most current record of the amount of money in your account that is available for use or withdrawal (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited funds in your account, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or withdrawal, including without limitation, to pay for checks drawn on your account, debits, Freedom Debit Debt Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account. We use the account’s Available Balance to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, and in assessing fees in connection with any overdrafts. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction you have initiated or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, in order to avoid fees and/or overdrawing your account, it is imperative that you take into account the availability of funds in your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawal.

Available Balance. The available balance in your account is the current ledger balance minus holds placed on your account by us or by merchants for check card purchases, minus pending withdrawals and transfers from your deposit account. Holds on your account can be created by authorizations for payments on your check card, holds on checks deposited into your account that have not yet been paid by a payee bank, or management holds placed on your account by us. Your account’s Available Balance available balance is our most current record of the total amount of money in your account that you can use for purchases and withdrawals. INSUFFICIENT FUNDS & OVERDRAFTS: You agree Legacy is not required to pay any item presented against insufficient funds. You agree that if your available for use or withdrawal (subject account balance is insufficient to the additional limitations and restrictions set forth in this Agreementpay checks, electronic debits, including check card transactions and ATM withdrawal requests, then we may charge you a fee as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”)disclosed on our Service Charge Schedule. The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited insufficient funds in your accountcharge and overdraft fee applies to overdrafts created by check, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or in-person withdrawal, including without limitationATM withdrawal, to pay for checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any or other withdrawal or payment transactions on your accountelectronic means. We use will charge the account’s Available Balance to authorize your transactions during insufficient funds and overdraft fees regardless of the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, and in assessing fees in connection with any overdrafts. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction you have initiated number of times an item is submitted or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent resubmitted to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date)payment, and other outstanding transactions that regardless of whether we pay the item or return, reverse, or decline to pay the item. You have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented the right to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, opt-out of any discretionary overdraft program in order to avoid overdraft fees and/or overdrawing being charged, however fees for insufficient funds will be charged according to our Service Charge Schedule. You agree Legacy may determine your available account balance for purposes of paying or returning such items drawn on the account at any time between presentment and our return deadline. You agree that we only have to review the account once and we are not required to take a “second look” before dishonoring such items if the account did not contain sufficient funds when we first reviewed it. You agree that at our option, we may elect to honor a withdrawal request that overdraws the account, it or we may dishonor the request to avoid creating an overdraft. You agree the decision to pay the item and create an overdraft is imperative in our sole discretion and will depend on various factors, including the amount of the item and your history with us. You agree that Legacy’s honoring any overdraft does not obligate us to honor future overdrafts. You agree that Legacy does not have to send you take into account the availability of prior notice because we return a check due to insufficient funds. You agree to deposit sufficient funds in to cover any overdraft and service charges immediately upon our request. If your account under becomes overdrawn for any reason (whether because items are returned, items overdrawing the terms of this Agreement account are paid, or otherwise), you agree to pay a daily fee to Legacy as disclosed in our Service Charge Schedule and keep track of each depositagree to reimburse us for any expenses (including, use, transaction, and withdrawal (including without limitation, checks drawn attorneys’ fees). WITHDRAWALS: You agree we may refuse to allow a withdrawal request that exceeds any frequency limitation we may establish from time to time or that is attempted by a method not permitted by us. You agree that if we honor a nonconforming request, that does not obligate us to honor future nonconforming requests. You agree that Legacy will apply any frequency limitations based on the date a transaction is completed by us, as opposed to the day you make the request. Fees for withdrawals from Money Market or Savings accounts will be charged in accordance with the service charge schedule. You agree withdrawals from time deposit accounts prior to maturity may be restricted and subject to penalty in accordance with the Notice of Penalties for Early Withdrawal. Although withdrawal requests normally will be paid upon demand, in complying with Regulation D of the Federal Reserve, you agree Legacy may require a seven day written notice of intention to withdraw funds from all interest-bearing accounts. FRAUD DETECTION/DETERRENCE: You understand that check fraud has increased dramatically in recent years due to a number of factors, including increased access by criminal elements to high-quality computer scanning and printing equipment. From time to time we may make certain products and services available to you that are designed to detect and/ or deter check fraud. While no product or service will be completely effective, we believe that the products and services we offer will reduce the likelihood that certain types of fraudulent items will be paid against your account. As a result, debitsyou agree that if you fail to implement any of these products or services, Freedom Debit Card purchasesyou will be precluded from asserting any claims against us for paying any unauthorized, ACH transactionsaltered, ATM withdrawalscounterfeit or other fraudulent item that such product or service was designed to detect or deter, feesthat we will not be required to recredit your account or otherwise have any liability for paying such items, and that you will indemnify us for any loss or expense (including, without limitation, reasonable attorneys’ fees to the extent permitted by law) relating in any way to such items as long as we have dealt with such items in good faith and in accordance with prevailing commercial banking standards (other withdrawal or payment transactions on your account), because you as than any such standards relating to the account Owner(s) is/are in the best position to know each use of the activities occurring (products or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawalservices in question).

Available Balance. Your account’s Available Balance available balance is our the most current recent record we have of the amount of money in your account that is funds available for use or withdrawal (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited funds in your account, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or withdrawal, including without limitation, to pay for checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on from your account. We use the account’s Available Balance to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in In determining whether you have sufficient funds to cover a transaction, the account has been overdrawnavailable balance is your current balance plus any pending deposits minus any holds on deposits you have made, and in assessing fees in connection with any overdraftspending transactions (such as pending debit card purchases or ATM withdrawals) that the Bank has authorized but that have not yet posted to your account. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKEIt is possible for you to overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. Your account’s Available Balance may This happens because the available balance does not reflect every transaction you have initiated or previously authorized, including without limitation, all your outstanding checks, automatic bill payments (such as ACH and recurring debit card transactions) that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example it may not include a check you have written but we have not received. Also, your available balance may not reflect the most recent deposits to your account – see the section titled “Delay in Availability of Funds” in this document. Your available balance may also not reflect all of your card transactions. For example, an outstanding check if a merchant does not submit a one- time debit card transaction for payment within three (3) business days of authorization (or other time period as specified in the payment network rules governing your card), we must release the authorization hold on the transactions. The available balance will not be reflected in your Available Balance reflect this transaction until it is presented to has been received by us and paid from your account. Your account’s Available Balance also may not reflect recent deposits We encourage you to record all of your transactions in a check register. This will help you keep track of your account that balance. OVERDRAFTS AND ADVANCES AGAINST UNCOLLECTED FUNDS: Bank will not be liable for failure to pay or honor any item or withdrawal request unless it is drawn or requested against available funds credited to this Account at the opening of business of the day the item is presented for payment or the request is received. The processing and handling charge for N.S.F. items or items presented against uncollected funds is not a charge for the use, forbearance, or detention of money as such charge would be made whether or not Bank pays the item and thereby (i) allows an overdraft or (ii) makes an advance against uncollected funds. These service charges and fees are subject to our more fully described herein in the section entitled Fees And Service Charges and in Bank’s Account Services And Fees Schedule. If this Account is overdrawn and/or Bank has advanced funds against uncollected funds (based on Bank’s Funds Availability Policy. Therefore), to the extent allowed by law, this Account is subject to, in order addition to avoid the processing and handling charge, an interest charge at 17.75% per annum, on the overdraft balance including unpaid fees and/ or on the amount advanced against uncollected funds from the date of the overdraft and/or overdrawing your accountadvance to the date of receipt by Bank of repayment of such overdraft and/or amount advanced. Any and all overdraft, advance against uncollected funds, or service charges and fees are due and payable immediately upon payment by Bank of the item. Interest charged on any overdraft/amount advanced is due and payable on the earlier of the date it is imperative that you take into account debited to this Account or the availability written demand for such interest charges is mailed to any Authorized Signatory. Each Authorized Signatory shall be jointly and severally liable for any and all overdrafts on this Account, including all service charges and fees and interest charged due to such overdrafts, and for any attorney’s fees and related collection costs incurred by Bank regarding any and all efforts made to collect such overdraft, whether or not the overdraft was incurred by one or more of the Authorized Signatories, without the knowledge of, agreement from and/or any benefits resulting to, any other Authorized Signatory. The decision of whether to pay any item which will create an overdraft or which will be an advance against uncollected funds shall be in the sole and absolute discretion of Bank and any payment of such item on one or more occasion does not obligate Bank to allow or pay any additional or future overdraft or advance against uncollected funds. Nothing contained herein shall imply Bank’s allowance, or payment, of one or more overdrafts or advances against uncollected funds, will create a revolving line of credit, a continuing obligation on the part of Bank to overdraw or advance against uncollected funds or any other financing arrangement between Depositor, any Authorized Signatory and/or Bank. OVERDRAFT COURTESY: The discretionary service is offered to our customers who are United States citizens or Resident Aliens and therefore not available for foreign citizens. Discretionary service. Bank is not obligated to pay any item presented for payment if your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, feesdoes not contain sufficient available funds, and any other withdrawal or discretionary courtesy payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized other negotiation or processing) by Bank of any non-sufficient fund check or other item as identified below does not obligate Bank to occurpay any additional non-sufficient fund check or item or to provide prior notice of its decision to refuse to pay any additional non-sufficient fund check or item. Approval of payment of reasonable overdrafts by Bank on consumer accounts in good standing (as described below) on your accountis only a courtesy, and thereforenot a right or an obligation, the funds available for use is within Bank’s sole and absolute discretion, and can cease at any time without prior notice or withdrawalreason or cause.

Available Balance. Your account’s Available Balance is our most current record of the amount of money in your account that is available for use or withdrawal (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdrafts and Overdraft ProtectionFees”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited funds in your account, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or withdrawal, including without limitation, to pay for checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account. We use the account’s Available Balance to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, and in assessing fees in connection with any overdrafts. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction you have initiated or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, in order to avoid fees and/or overdrawing your account, it is imperative that you take into account the availability of funds in your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawal. For information on transaction clearing process, please refer to Order of Transactions within your Membership and Account Agreement.

Available Balance. Your account’s Available Balance available balance is our most current record of the amount of money in your account that is available for use or withdrawal actual balance less: (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or 1) holds placed on deposited funds in deposits; (2) holds on debit card or other transactions that have been authorized but are not yet posted; and (3) any other holds, such as holds related to pledges of account funds, minimum balance requirements, or to comply with court orders. We use your account, and restrictions or holds placed on available balance to determine whether there are sufficient funds in your account to pay items, including checks and drafts, as a result of preauthorization well as ACH, debit card and other electronic transactions. Pending transactions and holds in connection with the use placed on your account may reduce your available balance and may cause your account to become overdrawn regardless of your Freedom Debit Cardactual balance. Each of these restrictions and holds affect (reduce) the availability of funds in You should assume that any item which would overdraw your account for use or withdrawal, including without limitation, to pay for checks drawn based on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, available balance may create an overdraft and any other withdrawal or payment transactions fees charged on your account. We use You may check your available balance online with Virtual Branch, Mobile Banking, at one of our ATMs, by visiting a Credit Union branch or by calling us at (000) 000-0000. Returned Item/Non-Sufficient Funds (NSF) Fees. The Credit Union may return a check or debit transaction (e.g., ACH payments) submitted for payment against your checking or savings account if the amount of the check or debit exceeds the available balance in your checking or savings account. Each time we return a check or debit for insufficient funds, we will assess NSF fees in the amount shown on the Credit Union’s Available Balance current Schedule of Fees and Charges for each returned check or debit item. If the merchant that submitted the initial check or debit submits the same item again, after it is rejected the first time, then we may reject it again and charge another NSF fee resulting in another NSF fee for the same item. The Credit Union has no control over the number of times an merchant may resubmit the same check or debit transaction to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, us for payment and in assessing you will be charged multiple NSF fees in connection with any overdraftsa single check or debit transaction that has been returned for insufficient funds multiple times. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction There is no limit on the total NSF fees we can charge you have initiated or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, in order to avoid fees and/or overdrawing your account, it is imperative that you take into account the availability of funds in your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawalitem presented.

Available Balance. Your account’s Available Balance is our most current record of the amount of money in your account that is available for use or withdrawal (subject to the additional limitations and restrictions set forth in this Agreement, including as further explained in the Disclosures and Schedules, including without limitation, “Overdraft Protection – What You Need to Know About Overdraft Protection”; “Electronic Fund Transfers Agreement and Disclosures”; and “Funds Availability Policy”). The account’s Available Balance includes adjustments for factors such as restrictions or holds placed on deposited funds in your account, and restrictions or holds placed on funds in your account as a result of preauthorization holds in connection with the use of your Freedom Debit Card. Each of these restrictions and holds affect (reduce) the availability of funds in your account for use or withdrawal, including without limitation, to pay for checks drawn on your account, debits, Freedom Debit Debt Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account. We use the account’s Available Balance to authorize your transactions during the day, to pay your transactions in our nightly/daily processing, in determining whether the account has been overdrawn, and in assessing fees in connection with any overdrafts. IT IS VERY IMPORTANT TO UNDERSTAND THAT YOU MAY STILL OVERDRAW YOUR ACCOUNT EVEN THOUGH THE ACCOUNT’S AVAILABLE BALANCE APPEARS TO SHOW THERE ARE SUFFICIENT FUNDS TO COVER A TRANSACTION THAT YOU WANT TO MAKE. Your account’s Available Balance may not reflect every transaction you have initiated or previously authorized, including without limitation, your outstanding checks, automatic bill payments that you have authorized, authorized automatic withdrawals (such as recurring Freedom Debit Card transactions, transfers, and ACH transactions that we have not received for payment or received too close to our nightly/daily processing to include in your account’s Available Balance), the final amounts of Freedom Debit Card purchase (e.g., we may authorize a purchase amount prior to a tip you add), Freedom Debit Card transactions that have been previously authorized but not sent to us for final pay (e.g., we must release the transaction authorization hold after 3 business days even though the transaction may be sent for payment from your account, which we must honor, at a later date), and other outstanding transactions that have not been paid from your account. For example, an outstanding check will not be reflected in your Available Balance until it is presented to us and paid from your account. Your account’s Available Balance also may not reflect recent deposits to your account that are subject to our Funds Availability Policy. Therefore, in order to avoid fees and/or overdrawing your account, it is imperative that you take into account the availability of funds in your account under the terms of this Agreement and keep track of each deposit, use, transaction, and withdrawal (including without limitation, checks drawn on your account, debits, Freedom Debit Card purchases, ACH transactions, ATM withdrawals, fees, and any other withdrawal or payment transactions on your account), because you as the account Owner(s) is/are in the best position to know each of the activities occurring (or that have been scheduled and/or authorized to occur) on your account, and therefore, the funds available for use or withdrawalorwithdrawal.