Any individual acting as an agent, guardian, personal representative, trustee, custodian or in some other fiduciary capacity (collectively the “Fiduciary”) must be designated as such on the Bank's account records. We will otherwise assume that the individual owns the account in his or her individual capacity. We are authorized to follow the directions of a Fiduciary regarding your account until we receive written notice that the Fiduciary relationship has been terminated and have had a reasonable time to act upon the notice. We are not liable for the misapplication of funds from your account by your Fiduciary. Even if we have previously received a complete copy of the Agency Agreement, Trust Agreement, Court Order or other document under which the account is opened, we are authorized to follow the instructions of your Agent without determining if those instructions are contrary to or prohibited by such document.

 

If you establish an account as a Fiduciary, you will abide by the relevant law and notify us in writing immediately upon an event that terminates the Fiduciary relationship, including but not limited to, the death of the minor or adult for whom you act as a Fiduciary, or at the time the minor attains the age of maturity. After notifying us of an event that terminates the Fiduciary relationship, your authority over the account continues only to the extent allowed by law. If you fail to provide immediate notice to us of the termination of the Fiduciary relationship, we may honor any checks or drafts written on the account or other debits without incurring any liability to the beneficiary, and you will be liable to us for any loss or expense, including without limitation attorneys’ fees and the cost of litigation, arbitration or other dispute resolution to the extent permitted by law, that we incur because of your failure to give prompt notice.

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E. Trust Account

If an account owner is designated as a trust, we may rely solely upon your representation made to us from time to time, as to who is the beneficiary of the trust. The beneficiary is identified by the trust document. We are not required to check the trust document to confirm your representation to us regarding the identity of the beneficiary. If, in our discretion, we determine that we should see the trust document, you must provide it to us. Unless otherwise prohibited by the terms of the trust agreement, you or your legally appointed guardian may revoke the classification of the deposit account as a trust in whole or in part, but only by the withdrawal of funds from the account. The trustee agrees to comply with all applicable laws as to his or her actions as trustee of the account. The obligations of the trustee, appointment of successor trustees, and all other matters relating to the operation of the trust itself are matters of applicable state law. A trust account is a non-personal account, and is not considered a "consumer" account.
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F. Payable on Death Account

You may designate an individual or joint account to be “payable on death” to a beneficiary by completing forms and providing documentation we request from you. No rights in an account with a payable on death designation vest in the designated beneficiaries until the death of the account owner. During his or her life, the account owner reserves the right to: (1) change the designated beneficiaries, (2) change account types, and (3) withdraw all or part of the funds in the account at any time and from time to time. If two or more people create such an account, they own the account as joint tenants with the right of survivorship. A designated beneficiary acquires the right to the account only if: (1) all account holders creating the account die, and (2) the beneficiary is then living. Unless otherwise provided in the beneficiary designation, if two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account as tenants in common. Upon the death of the last surviving account owner, we are entitled to pay funds in an account with a payable on death designation to the then-surviving designated beneficiaries and are not liable to the person(s) establishing the account, their heirs, representatives or assigns or to any other person by reason of any such payment. We reserve the right to require a claim request from all beneficiaries prior to distributing the funds in the account. We reserve the right to require a claim request from all beneficiaries prior to distributing the funds in the account. We are not liable for any other erroneous payment unless we have obtained actual knowledge that the person to whom the payment is to be made is not one of the designated beneficiaries. If no designated beneficiary is living when the last surviving account owner dies, funds in the account will be paid to the legal representatives of the last surviving account owner. Changes in the designated beneficiaries must be made on such forms as we require. The most recent beneficiary designation we have received terminates, supersedes and replaces any prior payable on death designation for the specified account.
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G. Estate Account

An Estate Account is an account established by the personal representative, executor, executrix, administrator, or administratrix ("Personal Representative") of the estate of a decedent. To establish such an account, we may require letters of appointment by the probate court of competent jurisdiction, appropriate identification, and such other documents as we may deem necessary under the circumstances. We may rely upon such letters of appointment or the apparent authority of the Personal Representative presenting the letters of appointment until we are notified in writing by the probate court that the Personal Representative has resigned, been removed, or such person’s authority is otherwise terminated. The Personal Representative agrees to comply with all applicable laws and rules of court.
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H. Business Account

Business accounts are those established by any partnership, corporation, limited liability company, association or other entity operated on a for-profit basis; all corporations and associations operated on a not-for-profit basis; all governmental units; and any individual who intends to use the account for carrying on a trade or business. A business account is not considered a "consumer" account.

The business entity and each person who signs the signature card, any resolution or any other separate written authorization concerning a business account, represents to and agrees with us that (a) the business entity has taken all actions necessary to open and maintain the account, (b) all resolutions or other authorizations given to us by or on behalf of the business entity are true, accurate and complete in all respects, (c) all assumed or fictitious names used by the business entity have been duly registered or filed with the applicable governmental authorities, and (d) each person whose name is written or printed on the signature card or any resolution or any other separate written authorization concerning the account has complete authority to bind the business entity in all transactions involving the account unless otherwise specified.

The business entity agrees to notify us promptly in writing of any change in its form of organization or ownership or in the authority of any person with respect to the account or any transactions relating to it. We also reserve the right to require the business entity to give us a separate written authorization telling us who is authorized to act on its behalf. We are authorized to follow the directions of a person designated as having authority to act on behalf of the business entity until we receive written notice that the authority has been terminated; provided that any change in authorized signatures is not effective until two business days after we receive notice of such change, not counting the actual day we receive the notice, although we may recognize such notice earlier.

However, if the business entity imposes restrictions on the authorized signatories or if the entity instructs us that more than one signature is required, these designations are for the business's internal purposes only, and you authorize us to debit the business's account even though an item presented contains less than the required number of signatures. In consideration of our acceptance of this account under a trade name, for the purpose of cashing or negotiating checks, drafts, or other negotiable instruments payable to that trade name, and endorsed in that name, the business entity agrees to defend and indemnify us against any loss or liability based upon our acceptance for payment or credit of checks or other negotiable instruments drawn to the order of and/or endorsed in that trade name.

We reserve the right, with advance notice, to change the classification of an account as a consumer account to a business account if we determine, in our discretion that the account is not being used primarily for personal, family, or household purposes.
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PART III - GENERAL RULES FOR ALL ACCOUNTS

The terms in this Part III generally apply to all types of deposit accounts subject to this Agreement, unless otherwise specified. 

A. Identification Notice (USA Patriot Act)

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. When you open an 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 you to provide other identifying documents like a driver’s license or, if you are an entity, documents to show your existence as a legal entity.
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B. Our Modification of the Agreement

We reserve the right to modify this Agreement at any time and from time to time. Unless we are otherwise required by applicable law and regulation to provide prior written notice, we may modify the terms of this Agreement by conspicuously posting any notice of such modifications in the lobbies of our banking facilities or on our website, or by mailing a notice of such modifications to the address shown in our records, in either of which events, the modifications will be binding upon you. Our ability to modify the terms of the Agreement includes the right to increase or decrease any fees, minimum balance/deposit requirements, or any other term or condition to which your account is or may be subject, as well as to establish new fees, requirements, terms or conditions. You agree that if you do not close your account before the effective date of any such modification you have accepted the modification to the Agreement.
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C. Notices and Consent to Contact
All notices, questions, orders, directions and other communications concerning your account should be directed to:

Address: 
Capitol Federal Savings Bank 
700 Kansas Ave 
Topeka, KS 66603

Toll Free Phone: 
1 -888-8CAPFED 
1-888-822-7333

Fax: 1-785-231-6364

Website: www.capfed.com

Email: banking@capfed.com

Any written notice you give us is not effective until two business days after we receive it, not counting the actual day of receipt, provided that we may recognize such notice earlier.

We may contact you about your account by phone, mail, email or text. You expressly authorize us to contact you via automated telephone dialing systems, prerecorded or artificial voice messages, text messages or any other method on any of the phone numbers or email addresses you have provided to us. Written notice we send you is effective when mailed to the latest mailing address you have provided to the Bank as your mailing address. We may inform you of any changes affecting your rights and obligations by mailing you a notice at that same address. For accounts with more than one owner or signer, notices we send to that address are binding on all owners and signers. We may include a notice with or on your statement. If we provide you an electronic notice via e-mail, text message or other electronic message, we do not need to send you duplicate notice by mail. Electronic notice is effective upon transmission to the latest e-mail address or mobile phone number you have provided to the Bank. For accounts with more than one owner or signer, notices we send to that e-mail address or mobile phone number are binding on all owners and signers. You agree to notify us promptly if you change your mailing address, phone number(s) and/or e-mail address(es) and hold us harmless for sending any notice, statement or other correspondence to an invalid or inactive mailing address, phone number and/or e-mail address. We generally do not charge a fee to send electronic notices, but message and data rates may be imposed by your wireless carrier, for which you shall be solely responsible.
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D. Your Waiver of Certain Notices

You waive notice of non-payment, dishonor, or protest regarding any items credited to or charged against your account. For example, if a check you deposit is dishonored and returned to us, we are not required to notify you of that dishonor. 
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E. No Waiver of Our Rights

No course of dealing, delay or omission on our part in exercising any of our rights is a waiver by us of such rights or any other right. If we waive or otherwise fail to exercise any right, we may still insist on full enforcement in the future. 
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F. Termination of Agreement/Closing of Your Account

This Agreement can be terminated and/or your account can be closed by either you or us at any time by a notice in writing. Such a termination will not release you from any fees or other obligations incurred before the termination, those you incur in the process of closing out your account (such as early withdrawal penalties on a certificate of deposit, if you seek to terminate the certificate of deposit prior to its maturity date), or for your liability on outstanding items or other items we have handled as agent for you. We may also require you to close your account and to open a new account if we believe such action is appropriate to protect you or us, for example if there is a change in authorized signers or we believe that the security of the account may have been compromised. You may terminate this account by notifying us in writing. We are not responsible for payment of any check, withdrawal, or other item once this Agreement is terminated and/or your account is closed. However, in our sole discretion, we may temporarily re-open your account to process any transactions authorized by you before the account was closed.
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G. Assignment and Transfer of Ownership

You may not assign, transfer, pledge or grant a security interest in your account or this Agreement to anyone other than us without our written consent. No assignment will be valid or binding on us, and we will not be considered to have knowledge of it, until we consent and note the assignment in our records. Any permitted assignment of your account is subject to our setoff rights. If we authorize any assignment, transfer, pledge or security interest, we may require that the account be closed and a new account opened. Any pledge or security interest granted to a third party remains subject to our right of set-off and security interest.
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H. Death or Incompetence

Neither your death nor a legal adjudication of incompetence revokes our authority to accept, pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. Even with knowledge we may, to the extent permitted by applicable law after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account.
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I. Setoff and Security Interest

If you ever owe us money for any reason as a borrower, guarantor or otherwise, and it becomes due, we have the right under the law (called “setoff”) to use the money from your account to pay the debt as well as any costs or expense, including, without limitation and to the extent permitted by law, our attorneys’ fees and court costs, incurred by us in enforcing our rights. Any such indebtedness now or hereafter owing to us by you, either individually or jointly, may be charged to any account which is in your name or held jointly in your name and the name of another or others. We may exercise this right of setoff at any time, without prior notice to you or any owner of such account.

You also grant us a security interest in your deposit account, so that the balance in the account is collateral for any current or future obligation you owe us (whether as a borrower, a guarantor or otherwise). We may, in our discretion, require you to execute additional documents if you pledge an account to us as collateral. We may use the money to pay your obligation to us even if withdrawal results in an interest penalty or dishonor of checks. In the case of a partnership or joint account, each partner or joint owner agrees that we may use the money in the account to satisfy any one of his or her individual obligations. Similarly, each partner or joint owner agrees that we may use the money in his or her individual account to satisfy obligations in the joint account or partnership account. The security interest granted by this Agreement is consensual and is in addition to our right of setoff. However, the right of setoff and security interest may not apply to your account if: (a) it is an IRA or a tax-deferred Keogh Retirement Account (but this does not affect our rights under any consensual security interest); (b) the debt is created by a consumer credit transaction under a credit card plan; or (c) our records demonstrate to our satisfaction that your right of withdrawal arises only in a representative capacity (for example, only as an authorized signer, attorney- in-fact, or a fiduciary).

We will not be liable to you if our setoff from your account leaves insufficient funds to cover outstanding items. You agree to hold us and our affiliates harmless from any claim arising as a result of the exercise of our right of setoff.
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J. Legal Process against Account

If any legal action (“legal process”) such as an attachment, garnishment, levy or other state or federal legal process is brought against your account, we may limit or prohibit withdrawals or transfers from your account, or otherwise restrict the use of your account, until the legal process is satisfied or dismissed. You acknowledge that we have offices in more than one state, including in states other than where your account was opened and agree that we may waive service of process and accept and comply with any legal process we believe to be valid, no matter how we receive it. You further agree that we may take action to comply with valid legal process as we determine to be appropriate in the circumstances without liability to you, even if the legal process purports to affect the interest of only one owner of a joint account and even if any funds we may be required to hold or pay out leaves insufficient funds to pay a check you have written or other authorized debit. If you believe all or a portion of your funds are exempt from legal process, or otherwise should not be subject to legal process, you agree that it is your responsibility to assert any exemption, claim or defense to the legal process against the appropriate party, and you agree that we have no obligation to do so, unless specifically required by law. Any attachment, garnishment or other levy against your account is subject to our right of setoff and security interest.

If legal process is brought against your account, we may assess fees against your account as allowed by law and as set forth in the separate service charge schedule(s) for your account. Our right to recover fees and our right of setoff and security interest in your account take priority, and will be paid to us before we respond to legal process. You agree that, if we incur any expense due to any legal process involving your account including, but not limited to, any subpoena, restraining order, search warrant (including related expenses incurred in forcing open a safe deposit box) attachment, garnishment, or levy upon your account, including, but not limited to, court costs and attorneys’ fees, you will reimburse us for such expense or we may charge any portion of such expense to your account without prior notice to you. You also agree that any action we may take to obtain reimbursement from you for any costs or expenses may also be taken against your estate, heirs, and legal representatives, who shall be liable for any claims made against and expenses incurred by you or them.
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K. Conflicts/Disputes Regarding Account

If we receive an actual or potential claim from a third party or legal owner regarding your account, any funds in your account, transactions involving your account, or conflicting instructions or claims from authorized signers or persons claiming to be authorized signers, we may, in our discretion, freeze your account and not honor any further transactions on the account until the claim is resolved, or we may, at our discretion, choose not to pay out any money from your account until we receive consistent instructions from all parties or a court order, all without liability to us. We may also, without liability to you, close the account and issue a check made payable to you and each joint owner or you and each claimant, as we deem necessary, or we may interplead the funds into court. We may charge interest on any loss at a rate not to exceed the maximum legal rate. You agree to reimburse us for any loss, interest expense, costs or other expenses including, without limitation, reasonable attorneys’ fees and the costs of litigation (to the extent permitted by law) that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, interest expense, costs, or other expenses from your account without prior notice to you. This obligation includes any dispute between you and us involving the account and situations where we become involved in any dispute between you and an authorized signor, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.
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L. Your Indemnification Obligations and Limitations on Our Liability

You agree to indemnify and hold us, our officers, employees and agents harmless from any and all losses, claims or expenses (including reasonable attorneys' fees and costs) of any kind arising in connection with the deposit services provided by us to you under this Agreement, except those losses, claims, and expenses arising out of our gross negligence or willful misconduct. You further agree to indemnify and hold us, our officers, employees and agents harmless from any and all losses, claims  or expenses (including reasonable attorneys' fees and costs) of any kind arising out of actions we take or omit in good faith in reliance upon instructions from you. You also agree to hold us harmless for failing to act on your instructions when we reasonably believe such instructions would cause us to be exposed to civil or criminal liability.

You agree that if we do not properly complete a transaction according to this Agreement, we will not be liable if circumstances beyond our control prevented the transaction. We are not responsible or liable for any other entity’s (not under our direct control) acts or omissions including, without limitation, any Federal Reserve Bank or transmission or communication facility. EVEN IF LIABILITY IS ESTABLISHED FOR ACTUAL DAMAGES, IN NO EVENT WILL YOU OR WE BE LIABLE TO THE OTHER FOR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE OR USE OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER YOU OR WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNLESS REQUIRED BY APPLICABLE LAW. The limitations and exclusions in this paragraph shall apply to all claims of every kind, nature and description whether arising from breach of contract, breach of warranty, gross negligence or other tort, and will survive the termination of this Agreement and all of your business with us.
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M. Limitation on Time to Sue

An action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your account or any account service must be commenced within one year after the cause of action accrues, to the extent permitted by applicable law.
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N. Force Majeure

You agree we have no responsibility or liability to you or any third party for failure or delay in our performance under this Agreement or for any losses due to causes or conditions including, without limitation, delays and/or interruptions of business due to any act of God, natural disaster, fire, act of government authority, act of public enemy or war, riot, civil disturbance, insurrection, labor difficulty, power failure, telecommunications failure, severe adverse weather condition or other causes beyond our reasonable control. The time if any, required for such performance under this Agreement shall be automatically extended during the period of such delay or interruption.
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O. Collections

Should we find it necessary to use a collection agency or attorney to collect any and all applicable charges to your account or any other amounts you owe us in connection with your account or this Agreement, to the extent permitted by applicable law, you agree to be responsible for all collection costs and/or reasonable attorneys’ fees.
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P. Credit Information

We may from time to time without notice to you except as required by law, respond to requests for information about your credit or other experiences with you or your account and may provide information about you and your account to credit and check reporting agencies. 

If you believe any information we have reported to a consumer reporting agency is inaccurate, send written notice to us at 700 S. Kansas Ave., Topeka, KS 66603.
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Q. Power of Attorney

We have no obligation to accept or otherwise honor any power of attorney. If you have established an account under the power of attorney or if you have submitted a power of attorney to us appointing someone to act on your behalf, you agree that you will give us a copy of the power of attorney, in a form and substance satisfactory to us, and that the account will be subject to all applicable laws and to our requirements governing a power of attorney. If we do accept the power of attorney, until we receive notice that the power of attorney has been revoked, we may rely upon it in cashing, endorsing, or accepting for deposit items payable to your order, in honoring withdrawals or transfers from your account and signed by your attorney-in-fact, and in following instructions from your attorney-in-fact on any matter in connection with your account.
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R. Arbitration Agreement and Class Action Waiver


NOTICE

If you believe your Passcard, True Blue Direct Card, Passcode or checks have been lost or stolen, or if you believe that someone may transfer money from your account without your permission, CALL AT ONCE:

7 a.m. to 9 p.m., Monday through Friday
9 a.m. to 6 p.m. Saturday
12 p.m. to 5 p.m. Sunday (except holidays)

1-888-8CAPFED

1-888-822-7333 (toll free)

or by fax 24 hours daily
1-785-231-6364

For hearing disabled customers - 
TTY Service - 785-270-6181

or

Email to: banking@capfed.com