Preview
02D03-2307-CC-001568 Filed: 7/21/2023 3:05 PM
Clerk
Allen Superior Court 3 Allen County, Indiana
BB
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
)SS:
COUNTY OF ALLEN ) CAUSE NUMBER:
Three Rivers Federal Credit Union,
Plaintiff
V.
Aaliyah Henderson and
Tony Lamar Henderson,
Defendant(s)
COMPLAINT
COMES NOW Plaintiff, by Counsel, and for cause of action against the Defendant(s)
alleges and says as follows:
1. The Defendant(s) are indebted to the Plaintiffon an unpaid account in the amount of
$9,446.92.
2. Attached hereto and labeled as Exhibit “A”, is a true and accurate copy ofthe account
in question.
3. Pursuant to the attached agreement, Plaintiff is entitled to recover reasonable interest
thereon in the amount of $302.30 and a reasonable attorney's fees. A reasonable attorney's fee
herein shall not exceed the sum of $1,000.00.
WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum not to
exceed $10,749.22; for cost of this action; and for all other just and proper relief in the premises.
Respectfully submitted,
/s/ Brian C. Heck
Brian C. Heck, #22389-02
201 West Wayne Street
Fort Wayne, Indiana 46802
Telephone (260) 426-6911
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
This communication is from a debt collector.
430812.00
Page 1 of 32
Account Agreement Date: 4/19/2019
LANE CUTTS Internal Use
3 Rivers Federal Credit Union PATA ORES
P.O. Box 2573 AALIYAH HENDERSON
Fort Wayne, IN 46801 TONY LAMAR HENDERSON
6841 BLUE MIST RD
FORT WAYNE, IN 46819
a aD Bh
Nama LIYAH HENDERSON
Relatlonship Enter Non-Individual Owner Information on page 2. There is additional
Aaddiess 16841 BLUE MIST RD Owner/Signer Information space on page 2.
FORT WAYNE, IN 46819 CO If checked, this is a temporary account agreament,
Malling Addrose Number of signatures required for withdrawal
ir diferent)
Gov't lesved Photo 1D
{typo, aumber, atate, ‘The undersigned authorize the financial institution to investigate crodit
Tene dato, dala) and employment history and obtein reports from consumer reporting
‘Other 1D ageney(los) on them as Individuals. Except as otherwise provided by law
(dosorinton, dotate) or other documents, each of the undersigned is authorized to make
Employer withdrawals from the account(s}, provided the required number of
Provious signatures indicated above |s satistied, The undersigned personally and
nla ng as, or on behalf of, the account owner(s) agree to the terms of, and
Mall BABYGIRL24341 @ GMAIL.COM acknowladge receipt of copyties) of, this document and the following:
Wok Phone § Terms & Conditions §8 Truth in Savings BO Funds Availablity
‘Home Phonas 60) 240 9166 ‘Mobile Phona! 60 40 66 84 Electronic Fund Transfers $0 Privacy D1 Substitute Checks
‘lrth Dat Common Features 0 Master Agreamant
CRRaanRa Ln
‘The specified ownership will ramain tho same for ‘al accounts, 4% Authorized Signer (See Owner/Signer Information for Authorized
Individual Signor designotion(s),)
Joint with Survivorship (not as tenants in common) ‘Tho Internal Revenue Service does not require your consent to any
Joint with No Survivorship (as tenants In common) provision of this document other than the certi tions required to
avold backup withholding.
Sole Proprietorship or Single Member LLC (Partnership
LL.C-enter tax classification (C) C Corp O § Corp CO Partnership)
C Corporation C1 S Corporation (1 (th . Oyo, Hardacta 04/19/2019
‘Trust Separate Agraemant Dated: AALIYAH HENDERSON
LD. .0., aa
4
{Check appropriate ownership above.)
a Revocable Trust/In Trust For (pursuant to the Multiple Party Account! (2): . Severe 04/19/2019
statutes In Indiana Code ch. 32-17-11 et. seq.
o Pay-on-Death Account (pursuant to the Transfer on Death Property TONY LAMAR HENDERSON
Act statutes In Indiana Code ch, 32-17-14 et. saq,) Separate 1D. a
Beneficiary Designation Required, 4
o
(3):
(Check appropriate beneticlary designation above.)
(O.# D.0.B,
(4):
1D. a
Signatore
Waters aver Fane Sevviess @2018 MPMP-LAZIN 311012016
EXHIBIT
Page 2 of 32
uA Ug {ie S
Name TONY LAMAR HENDERSON Name
Rolationship State/County & Date
‘Addiess of Organization
3511 CHEVIOT DR APT 70
FORT WAYNE, IN 46816 Nature of Business
Maling Addross
{i ditferons)
Address
‘Gov't lesuad Photo 1D
foypo, number, stata,
insu date, exp. date) Malling Address
‘Other ID {if viferent)
(decertption, detals) ‘Aumhoratont
‘soliton Date
Employer Provious
Fevais | Flnenaie Inst,
EMail
EMall Phono
Wok Phono EIN ‘Moblla Phona:
Homo Phon (260) 909-2300 Mobile Phones (260) 909-2300 i i Py a 7 By B
Bl Dat $25.00
Oa Wee Manne FG coon C1 cheek
‘Name
Relationship
‘Address
Ton Daa
Maing Addresa| a
iF altferent)
3
Gov't Issued Photo 1D
(aype, number, state, © casn 1 check
Issue date, exp, date) o
Other 10
(description, detals) Ciena
Employer (1 ATM — §¥ Debit/Check Cards (No. Requested: sag
i ue ins
Fingnclal §@ eStatements me Online Banking
Mall 4 Checks
‘Work Phono CET AUTO eee
Home Phi ‘Moti Pho {lFnot 2 "U.S. Person’, certify foreign status separately}
Bi eth Da SSNITIN: $id By signing signature fietd (1) on this document, I certify under penaltlesof perjury that
the statements made inthis section are true and that | am a U.S, citizen or olhor U.S, person fas
Name defined in the instructions),
lationship §@) Taxpayer 1.D. lumber ~ TIN:|
‘Address ‘The Taxpayer ldanttication Number (TIN) shown is my correct taxpayer identification number,
Backup Withholding. 1am not subjoot to backup withholding afther beoaysy | have
not boen nolilled that Tem subject to backup withholding asa result of a fatura to yeport all
Maling Adéress {nterest or dividends, or the Internal Revenue Service has notified me that {am no longer subject to
(i ferent) hhackup withholding,
“Gov't lesved Photo ID) 1 Exempt Recipients. | aman exempt recipient under the Internal Revenue Servica
ype, imber, state, Ragulations.Exompt payee cod ff any)
Issue 1 xp, dae)
Other 1D FATCA Code, The FATGA code anterad on this form {i any) indicating that | am from
Weseriptton, details) FATCA reporting is corect.
Emptoyor (TUTE eels
Fanclel ost
Mall
‘Work Phone
Home Phona: Motila Phono:
Birth Date: SSNITIN:
Important Account Opening Information. Federal law requires us to
obtain suffictent information to verify your Identity. You may be asked
several questions and to provide one or mora forms of Identification to
fulfill this requirement. In some instances we may use outside sources to
confirm the information, The Information you provide is protected by our
privacy policy and federal law.
Signature CardiN
Bankers Systomsi4 MIMAP-LAZIN SIN8(2018
Walters Kluwer Fl nan Services ©2016
Page 3 of 32
Aaliyah Henderson
Tony L. Henderson
832 Ridgewood Dr. Apt 2
Fort Wayne IN 46805
oe cene
een ene aenaneee —-Hote Balance History Account Nunber Sy ee eeeee
12-15-2022 to 05-01-2023
Post Date Eff Date Check Nor bescription Amount. Running Bal Status
02-23-2023 02-23-2023 0.73 (9,446.92) Completed
01-20-2023 01-20-2023 237.20 (9,447.65) Completed
01-20-2023 01-20-2023 0,00 (9,684.85) Pending
01-18-2023 01-18-2023 390.87 (9,684.85) Rejected
01-18-2023 01-18-2023 (390.87) (10,075.72) Completed
01-18-2023 01-18-2023 0,00 (9,684 85) Pending
01-09-2023 01-09-2023 (9,660.00) (9,684.85) Completed
01-09-2023 01-09-2023 (25.00) (24,85) Completed
01-09-2023 Q1-09-2023. (354,00) 0.15 Completed
01-09-2023 01-09-2023 177,00 154.15 Completed
01-09-2023 1-09-2023 147.38 177.15 Conpleted
01-07-2023 01-07-2023 (18.98) 29.77 Completed
01-07-2023 01-07-2023 (8.99) AB.75 Completed
01-06-2023 01-06-2023 3.00 87.74 Completed
01-06-2023 01-06-2023 (623.00) 84.74 Completed
01-06-2023 01-06-2023 $23.54 677.74 Completed
01-05-2023 01-05-2023 (20.69) 54,20 Completed
01-05-2023 01-05-2023 (1,003.74) 64,89 Completed
01-05-2023 01-05-2023 (1,003.74) 1,068.63 Completed
01-05-2023 01-05-2023 1,000.00) 2,072.37 Completed
01-05-2023 01-05-2023 (503.00) 3,072.37 Completed
01-05-2023 01-05-2023 (1,003.74) 3,575.37 Completed
01-05-2023 01-05-2023 (1,003.74) 4,519.11 Completed
01-05-2023 01-05-2023 (1,003.74) 582.85 Completed
01-05-2023 01-05-2023 (20.00) 6,586.69 Completed
01-05-2023 01-05-2023 (7.48) 6,606,59 Completed
01-05-2023 01-05-2023 (1,003.74) 6,614.07 Completed
01-06-2023 01-05-2023 (1,003.74) 7,617.81 Completed
01-05-2023 01-05-2023 (1,003.74) 8,621.55 Completed
01-04-2023 01-04-2023 19.65 9,625.29 Completed
01-04-2023 01-04-2023 (25,00) 9,605.64 Completed
01-04-2023 01-04-2023 (36.01) 9,630.64 Conpleted
01-04-2023 01-04-2023 (100.00) 9,666.65 Completed
01-04-2023 01-04-2023 (20.00) 9,766.65 Completed
01-04-2023 01-04-2023 (23,35) 9,786.65 Completed
01-03-2023 01-03-2023 9,660.00 9,810.00 Completed
01-03-2023 01-03-2023 (50.00) 150.00 Completed
01-03-2023 01-03-2023 (20.00) 200,00 Completed
01-03-2023 01-03-2023 160,00 220.00 Completed
01-03-2023, 01-03-2023 (10.00) 70.00 Completed
1-03-2023. 01-03-2023 (30,00) 80.00 Completed
01-03-2023 01-03-2023 (10.00) 110,00 Completed
01-03-2023 01-03. 2023 (10,00) 120.00 Completed
01-03-2023 01-03-2023 (10.00) 130.00 Completed
Page 4 of 32
SRIVERS,
ee ior
Raliyah Henderson
Ton L Henderson
6841 Blue Mist Re
Fort Wayne , IN Te819~ 1
NOTIVICATION OF RETURNED ITEM(S)
A check that you recently cashed or deposited has been returned to us from the
issuer. AS a’ resu of these uncollected funds, we have debited your account for
the amount of the item for the following reason, *
AMOUNT RETURN REASON SERVICE, CHARGE
$ .00 = Refer to Maker
The returned item is enclosed for your records, and cannot be redeposited.
If you have any questions, please call us at (260) 490-8328 or (S00) 825-3641,
’ Multiple items may be included in Lhis notice,
— wana
per nuINIVERSITY SD ee 20081505
Sr jesse ncaa ‘mtirort
saa
1 tre met sue mat ey 03000
70‘ONDER
SEE Muto
AITRIDGENOODENAPTE
_orronienits ey Petit aor
& mon
01/09/2023 - eT 8660-00
Page 5 of 32
SPHags
Che Bak NA GEIS — 2008150:
ot/os/2023 ——
+ Fhe pare” check Amott
W UNWERSITY ACCOUNTING J ACCOUNTS PAYABLE, 7°98/09/22 grseeeg, $50.00 +
This is.2 legal COPY of your «Monee Ins 726-0728 oe
eck. You can use jt the same
vay youwould use the original
‘4 sting Thousand Six Bociredt Sixty & 00/L00+e#44
TO .SZHE AALIYAH HENDERS! fer to
weer Hyis
ORDER 932 RIDGEWOOD DRAPT2
oe
‘OF FORT WAYNEIIN 4520 GREED: NATURE REQUIRED,
Tae <2
——
é
ey fe
Pry ibe
eg ue om
2 |
BE §/
E
paulie
QBy ib
ee 28
t
Do not endorse or write below this line.
SRIVERS,
Revised: December 14, 2021
TABLE OF CONTENTS
Introduction
Membership, Account and Account Services Agreement...
Arbitration and Class Action Waiver...
Electronic Signatures, Electronic Contracts and Electronic Records.. 12
Electronic Funds Transfers Agreement 13
Privacy Policy and Agreement
Uniform Commercial Code Funds Transfers Agreement 20
Funds Availability Disclosure... 21
Truth-in-Savings Act Disclosure... 22
Term Share Certificate Accounts... 23
Common Features of All Accounts... 23
INTRODUCTION
This Agreement, the Truth-in-Savings Act Rate and Fee Disclosure explain the rules that govern your account(s) and account services with us. Please
read these information pieces carefully and keep them in a safe and convenient place.
Your relationship with the Credit Union is also governed by state and federal laws, which may change from time to time. The body of law is too large
and complex to be reproduced here. The purpose of this Agreement Is to: (1) summarize the rules applicable to common Transactions; (2)
establish rules to govern Transactions not regulated by state and federal law; (3) establish variations that will apply to certain rules, events
or Transactions permitted by applicable law; and (4) provide you with certain disclosures and information regarding our policies as required
by law. By signing a Master Membership Application and Signature Card or your use or continued use of any account or account services
after receiving this Agreement, notice of its availability or notification of any change in terms, you, jointly and severally, agree that you
understand and agree to the terms and conditions stated in this Agreement, the Truth-in-Savings Act Rate and Fee Disclosure, as amended
from time to time. If you have any questions regarding any term or condition in this Agreement, please ask us before signing the Master
Membership Application, any application or using any of our services.
ARBITRATION AND CLASS ACTION WAIVER. Please note that this Agreement contains a binding Arbitration and Class Action Waiver provision
which affects your rights with respect to any claims or disputes by or against Three Rivers Federal Credit Union. Please closely review the
Arbitration and Class Action Waiver section of this Agreement. You may opt out by following the specified process within the specified
timeframe.
MEMBERSHIP, ACCOUNT AND ACCOUNT SERVICES AGREEMENT - GENERAL TERMS AND CONDITIONS
1 Terms, Conditions and Limitations of Your Relationship with the Credit Union. The purpose of this Section is to state the terms and
conditions that apply to all of your accounts, account services or other relationships with us, including without limitation, loan, safe deposit and
other services. You understand that the agreements, terms, conditions, rules and regulations applicable to your loans, and any other applicable
account(s) or service(s) remain in full force and effect and continue to be applicable, except as specifically modified by this Agreement. Further,
to the extent that the terms of a specific Subsection of this Agreement vary from the terms set forth in this Section, the specific terms and
conditions of the Subsection will govern our relationship with you.
2. General Definitions. In this Agreement the words "you" or "yours” mean everyone that signs any Master Membership Application or is
authorized to make Transactions regarding your account(s) as provided herein or by governing law, including any account service(s). “We",
"us" or “our” means the Credit Union.
"Access Device” means any card, electronic access device (app, website, digital banking, etc), codes, passwords or personal identification
numbers (PIN), biometrics, account number, equipment, or software that is provided to allow you to access and/or initiate the transfer or
movement of funds other than by paper.
"Authorized User" means any person who has actual or to whom any owner has at any time given any information, access device or
documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account
services. If you authorize anyone to use your access devices that authority shall continue until you specifically revoke such authority by notifying
the Credit Union in writing or as required by applicable law. If you fail to maintain the security of these access codes and the Credit Union suffers
a loss, we may terminate any or all of your account services immediately. This definition is intended to be construed broadly and includes without
ConmarSystems, Inc., Peachtree City, GA 30269 - EFORM 138251 Rev. 9/10
bage 8 of 32
limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits
or debits to or from your accounts with us.
"Check" means an acceptable written "Instrument" on your account(s), and includes the term "share draft".
“Instrument” means a written order as defined by Articles 3 and 4 of the Uniform Commercial Code pursuant to the laws of the State set forth
in this Agreement.
“Master Membership Application” means any signature card, account change card or other form required to open or change an account or
obtain a service with us.
"Member" means the person(s) who has established "membership" with us as set forth in this Agreement, 3Rivers bylaws and applicable law.
Each person must complete payment of and maintain the required par value share to be a member. A joint owner may establish membership
through a joint ownership interest in an account if otherwise qualified for membership. Thus, more than one member may establish
"membership” through a particular account. An owners' rights with regard to the par value share necessary to maintain membership may be
restricted as set forth in this Agreement or otherwise.
“Member in Good Standing” means a member who maintains at least the minimum share set forth in 3Rivers bylaws; who is not significantly
delinquent on any credit union loan; who has not had any account with this credit union closed due to abuse or negligent behavior; who has
not caused a financial loss to this credit union; and who has not engaged in violent, belligerent, disruptive, or abusive activities such as:
1) Violence, intimidation, threats, harassment, or physical or verbal abuse of duly elected or appointed officials or employees of the credit union,
members or agents of the credit union. This includes actions while on credit union premises and through use of telephone, mail, email or other
electronic method.
2) Causes or threatens damage to credit union property.
3) Unauthorized use or access of credit union property.
4) Knowingly disseminating incorrect, misleading, confidential, or proprietary information regarding the credit union.
5) Any action that may cause material risk or financial harm to the credit union.
"Owner" means the person(s) who has a present ownership interest in the sums on deposit in the multiple party Goint) accounts with the Credit
Union, subject to the Credit Union's lien rights or any security interest. A person is not an "owner" unless specifically designated as such in a
completed and signed Master Membership Application or Signature Card.
"Shares" for the purpose of your pledge to secure your obligations to the Credit Union, our common law right of set off, and otherwise,
“"share(s)" mean all funds in any share savings, share draft/checking, club, share certificate, P.O.D., revocable trust or custodial account(s),
whether jointly or individually held regardless of contributions, that you have on deposit now or in the future, all of which are deemed "general
deposits”, for the purpose of your pledge. Your pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in
which you do not have a vested ownership interest.
“Share drafts” include checks and other instruments drawn on your account(s) or submitted for deposit or collection.
"Transaction or transaction" means any deposit, order, transfer, payment purchase via POS transaction or otherwise, withdrawal or other
instruction relating to any account or account service provided by the Credit Union.
Your Agreement With the Credit Union. All accounts and account services are governed by the terms and conditions of this Agreement, The
Truth-in-Savings Act Rate and Fee Disclosure, your Master Membership Application, Account Card(s), account receipts, statements and
certificates; any other application or agreement we require; together with the Credit Union's Bylaws, policies and procedures, which are herein
collectively referred to as "Agreement". This Membership and Account Agreement governs all your accounts and services, including but not
limited to loan services, whether opened now or in the future, except as otherwise specifically provided in this Agreement or other agreement(s)
with us. This Agreement may be amended or revised by us at any time, and any change in the Agreement shall be effective at the earliest time
allowed by law. This Agreement is binding upon all parties hereto and their heirs, successors, assigns and any other person claiming any right
or interest under or through said parties.
a. Inappropriate Transactions. You warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited
to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such
authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Third Party Service Providers' Rules may
limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions that we believe to be illegal
or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited,
including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some
otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand
and agree such limitations/prohibitions are not within the Credit Union's control and that the Credit Union will not have any liability,
responsibility or culpability whatsoever for any such use by you or an authorized user(s); or for declining to accept, process, or pay any
such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action
of any kind that results directly or indirectly from such illegal use of your account and/or access devices.
Taxpayer Identification Numbers and Certification. Pursuant to the Master Membership Application used to establish your membership
with us, you provided a certification regarding the accuracy of your taxpayer identification number (usually your Social Security Number)
and whether your account is subject to backup withholding under the Internal Revenue Code. You acknowledge and agree that this
certification applies to any and all accounts you have with us now or in the future, unless you provide written notification to us that
specifically provides otherwise.
Transaction Limitations and the Credit Union's Business Days. Except as may be otherwise specifically provided in our Agreements, all
Transactions after the close of business on a business day we are open, or received on a day that we are not open for business will be
ConmarSystems, Inc., Peachtree City, GA 30269 — EFORM 13825-1 Rev. 9/10
Page 9 of 32
treated, transmitted, recorded, etc., as applicable and appropriate as if received on the next business day that we are open. Deposits,
orders, instructions, requests, etc., received by mail, electronically, at an unstaffed facility, or outside depository will be processed and
credited only when actually received by us, and we shall have no responsibility until we actually receive the item.
Membership Benefits and Obligations. Upon approval of your application and the deposit of any required shares, you become a "member-
owner" of this Credit Union. As a "member-owner” you are eligible to apply for all Credit Union deposit, loan and other financial services; and
you may vote at all annual or special meetings of the membership. You have an obligation to the Credit Union and all other member-owners to
follow the rules established from time to time for the use of these services, and not to cause the Credit Union any loss. This includes, but is not
limited to your obligation to repay all debts, loans, credit advances as well as other contractual, equitable and statutory obligations that may
be payable by you to us.
CROSS-COLLATERALIZATION: To reduce the possibility of loss, members grant to the Credit Union a lien on all shares and agree that all
collateral pledged to secure any loan obligation owed to us will also secure payment of your other obligations. This pledge will secure all
obligations owed at the time of the pledge or which arise thereafter. This "cross-collateralization” of your obligations applies to all debts
regarding your accounts, loans or otherwise, including but not limited to each closed-end loan obligation, each advance under any Line of
Credit loan plan, all obligations under any Credit Card Agreement with us, and overdrafts. Unless a contrary intent is evidenced in writing,
obligations secured by a primary residence are not included in the "cross-collaterallzation” of your obligations to us.
5. Membership Eligibility and Future Services, To open or maintain any account(s) or service(s) with us, you must qualify for membership and
deposit and maintain the par value of the required shares as provided by the Credit Union's Bylaws and other applicable laws. To verify your
eligibility for any account(s), service(s), or loan products, now and in the future, you authorize us to make inquiry to determine your
employment history and to obtain information concerning any accounts with other institutions and your credit history, including
consumer credit reports. You agree that this authority applies to any account, account-related service, loans or other financial products
you request or which we may offer to make available to you. We may also report information concerning your account(s) and credit to
others.
Defaults and Your Credit Reports: The Credit Union may report information about your account(s) to third parties such as credit reporting
agencles/bureaus. Late payments, missed payments, Insufficient funds transactions or other defaults on your loan and share/share
draft/checking account(s) may be reflected in your credit report.
6. uthentication and Signature (Loans and Obligations to the Credit Union). All borrowers and owners of collateral hereby authorize the
Credit Union or its agent to file, execute, sign, authenticate and take all other actions deemed necessary or proper in said parties’ name(s) and
stead with regard to the said parties’ obligations to sign, file or obtain any lien, evidence of lien, financing statement, certificate of title of other
security instrument we deem necessary for: the attachment or perfection of our lien rights in any Collateral pledged to secure the borrower's
obligations to the Credit Union as well as any additional collateral we may require under the terms of this Agreement and any alternate collateral
we agree to accept; or sale of such collateral in the event of default, which authority includes any modification, amendment, continuation or re-
filing.
Deposits to Your Account(s) and Instruments Cashed. Funds may be deposited to any account, in any manner that is acceptable to us.
Deposits may be made by mail, in person at any of our offices having facilities to accept deposits, or by direct deposit or other electronic funds
transfer allowed by us.
a. Endorsements, You authorized us, in our discretion, to accept transfers, checks, drafts, and other items for deposit into any of your
accounts if they are made payable to, or to the order of any one or more owners on the account, whether or not endorsed by all payees.
All owners are deemed to receive the benefit of all deposits and the proceeds of such deposits; and we may give cash back to any payee.
You authorize us to supply missing endorsements of any owners. If an insurance, government, or other check or draft requires an
endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be
placed in the space on the back of the share draft or check between the top edge and 1% inches from the top edge. We may accept drafts
or checks with endorsements outside this space. However, if any such endorsement or any other markings you or any prior endorser has
made on the draft or check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by us
due to the delay or error.
al. Substitute Checks. You agree not to deposit any substitute check or similar item that you have created, or for which no financial institution
has provided any substitute check warranties and indemnity. If you do so, you agree to indemnify us for all losses we incur in connection
with the substitute check or item. You agree not to deposit any substitute check without our consent.
a2, E-Checks. When you or any person with authority authorize any E-Check you agree: (1) that we may pay the item as submitted to us; (2)
that you shall be solely responsible for all information transmitted regarding such item(s) including but not limited to the payee(s), the
amount(s) of the item(s), and endorsements or the lack thereof; and (3) you agree to indemnify us for all losses we incur in connection
with any E-Check you authorize.
Collection of Deposits. In handling deposits to your account, we act only as your agent for collection and assume no responsibility beyond
the exercise of ordinary care. By signing the Master Membership Application or using any accounts or services, you specifically waive your
rights to notice of non-payment, dishonor or protest regarding all items presented for collection. We have the right to refuse any order,
transfer or deposit, limit the amount that may be offered for deposit and to return all or any part of a deposit. Special instructions for
handling an item are effective only if made in writing and given to us separately along with the item in question. We will not be liable for
any default or negligence of correspondents or for loss in transit, and each correspondent will only be liable for its own negligence. Items
and their proceeds may be handled in accordance with applicable Federal Reserve and Clearing House rules. Without prior notice to you,
we may charge back any item at any time before final payment, whether returned or not, and may also charge back any item drawn on us
if, within the normal handling period for such item, the item cannot be honored against the drawer's account. We are authorized to pursue
collection of previously dishonored items (including re-presentment), and in so doing we may permit the payor financial institution to hold
an item beyond the midnight deadline. Items that we present or re-present may be truncated or converted to an electronic or other format.
ConmarSystems, Inc,, Peachtree City, GA 30269 EFORM 13825-1 Rev. 9/10 Bage 10 of 32
Direct Deposits. We may offer a direct deposit option allowing you to preauthorize deposits (i.e., payroll checks, Social Security or
retirement checks, or other government checks) or preauthorize transfers from other accounts with us. You must authorize any direct
deposits to your accounts by a separate authorization form. If applicable, you must notify us at least thirty (30) days prior to any direct
deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. You agree that you have an
obligation to notify us immediately regarding the death of any person that receives any federal or state retirement, welfare, benefits or
other payments via electronic or other deposit. If we are required to reimburse the federal or any state government, agency or authority
for any payment deposited into your account for any reason, you agree that we may deduct the amount returned from any of your accounts,
unless prohibited by law; and that you will be obligated to repay to us on demand any such sums.
Direct Deposit or Transfer Authorization/Bankruptcy. If you file bankruptcy and fail to cancel any instructions in your direct deposit or
transfer authorization, then you hereby instruct your employer and us to continue to make any applicable deposits, make loan payments
in order to avoid delinquency and other transfers in accordance with your authorization, until written notification is received by us to
discontinue any payments or transfers.
Multiple Payees. Unless any check, share draft or other instrument expressly indicates that the item is payable to conjunctive payees, the
instrument shall be deemed payable in the alternative. If there is any ambiguity, the instrument shall be deemed payable in the alternative
(example: a check payable to "A and B" is a conjunctive instrument. A check payable to "A or B;” "A, B:""A/B", where "A and B” are listed
on separate lin or otherwise, where not expressly conjunctive are payable in the alternative).
Deposit at ATM and Night Deposit Facilities. All deposits and payments made at an ATM, or at one of our night deposit facilities are
subject to the provisions and check collection procedures as disclosed to you in our "Funds Availability Policy". The contents of our night
deposit facilities are processed once per business day.
Deposit transactions of cash and other items to your account(s) can only be accepted at specifically designated ATMs. Not all ATMs can
process deposit transactions, You further agree that the credit to account(s) for non-cash items will be conditional until we can collect the
item. If we cannot collect the amount of a non-cash item, the amount will be deducted from your account.
Final Payment. All items, deposits, ACH (Automated Clearing House) transfers, or other transfers credited to your account are provisional
and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount
of such items or ACH transfers or both and impose a return charge as set forth in the Rate and Fee Disclosure on your account without
notice. If we incur any fee collecting any item, we may charge such fee to any of your accounts with us. We reserve the right to refuse or
to return all or any item or funds transfer. We also have the right to charge back against any of your accounts with us all deposits, transfers,
or collection items, including checks presented for payment of cash, that are returned to us due to non-payment, as a reclamation by the
United States Treasury, or if we are required to repay any amounts previously collected for any reason whatsoever. These rights apply
regardless of whether t
Preview
02D03-2307-CC-001568 Filed: 7/21/2023 3:05 PM Clerk Allen Superior Court 3 Allen County, Indiana BB STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT )SS: COUNTY OF ALLEN ) CAUSE NUMBER: Three Rivers Federal Credit Union, Plaintiff V. Aaliyah Henderson and Tony Lamar Henderson, Defendant(s) COMPLAINT COMES NOW Plaintiff, by Counsel, and for cause of action against the Defendant(s) alleges and says as follows: 1. The Defendant(s) are indebted to the Plaintiffon an unpaid account in the amount of $9,446.92. 2. Attached hereto and labeled as Exhibit “A”, is a true and accurate copy ofthe account in question. 3. Pursuant to the attached agreement, Plaintiff is entitled to recover reasonable interest thereon in the amount of $302.30 and a reasonable attorney's fees. A reasonable attorney's fee herein shall not exceed the sum of $1,000.00. WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum not to exceed $10,749.22; for cost of this action; and for all other just and proper relief in the premises. Respectfully submitted, /s/ Brian C. Heck Brian C. Heck, #22389-02 201 West Wayne Street Fort Wayne, Indiana 46802 Telephone (260) 426-6911 This is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector. 430812.00 Page 1 of 32 Account Agreement Date: 4/19/2019 LANE CUTTS Internal Use 3 Rivers Federal Credit Union PATA ORES P.O. Box 2573 AALIYAH HENDERSON Fort Wayne, IN 46801 TONY LAMAR HENDERSON 6841 BLUE MIST RD FORT WAYNE, IN 46819 a aD Bh Nama LIYAH HENDERSON Relatlonship Enter Non-Individual Owner Information on page 2. There is additional Aaddiess 16841 BLUE MIST RD Owner/Signer Information space on page 2. FORT WAYNE, IN 46819 CO If checked, this is a temporary account agreament, Malling Addrose Number of signatures required for withdrawal ir diferent) Gov't lesved Photo 1D {typo, aumber, atate, ‘The undersigned authorize the financial institution to investigate crodit Tene dato, dala) and employment history and obtein reports from consumer reporting ‘Other 1D ageney(los) on them as Individuals. Except as otherwise provided by law (dosorinton, dotate) or other documents, each of the undersigned is authorized to make Employer withdrawals from the account(s}, provided the required number of Provious signatures indicated above |s satistied, The undersigned personally and nla ng as, or on behalf of, the account owner(s) agree to the terms of, and Mall BABYGIRL24341 @ GMAIL.COM acknowladge receipt of copyties) of, this document and the following: Wok Phone § Terms & Conditions §8 Truth in Savings BO Funds Availablity ‘Home Phonas 60) 240 9166 ‘Mobile Phona! 60 40 66 84 Electronic Fund Transfers $0 Privacy D1 Substitute Checks ‘lrth Dat Common Features 0 Master Agreamant CRRaanRa Ln ‘The specified ownership will ramain tho same for ‘al accounts, 4% Authorized Signer (See Owner/Signer Information for Authorized Individual Signor designotion(s),) Joint with Survivorship (not as tenants in common) ‘Tho Internal Revenue Service does not require your consent to any Joint with No Survivorship (as tenants In common) provision of this document other than the certi tions required to avold backup withholding. Sole Proprietorship or Single Member LLC (Partnership LL.C-enter tax classification (C) C Corp O § Corp CO Partnership) C Corporation C1 S Corporation (1 (th . Oyo, Hardacta 04/19/2019 ‘Trust Separate Agraemant Dated: AALIYAH HENDERSON LD. .0., aa 4 {Check appropriate ownership above.) a Revocable Trust/In Trust For (pursuant to the Multiple Party Account! (2): . Severe 04/19/2019 statutes In Indiana Code ch. 32-17-11 et. seq. o Pay-on-Death Account (pursuant to the Transfer on Death Property TONY LAMAR HENDERSON Act statutes In Indiana Code ch, 32-17-14 et. saq,) Separate 1D. a Beneficiary Designation Required, 4 o (3): (Check appropriate beneticlary designation above.) (O.# D.0.B, (4): 1D. a Signatore Waters aver Fane Sevviess @2018 MPMP-LAZIN 311012016 EXHIBIT Page 2 of 32 uA Ug {ie S Name TONY LAMAR HENDERSON Name Rolationship State/County & Date ‘Addiess of Organization 3511 CHEVIOT DR APT 70 FORT WAYNE, IN 46816 Nature of Business Maling Addross {i ditferons) Address ‘Gov't lesuad Photo 1D foypo, number, stata, insu date, exp. date) Malling Address ‘Other ID {if viferent) (decertption, detals) ‘Aumhoratont ‘soliton Date Employer Provious Fevais | Flnenaie Inst, EMail EMall Phono Wok Phono EIN ‘Moblla Phona: Homo Phon (260) 909-2300 Mobile Phones (260) 909-2300 i i Py a 7 By B Bl Dat $25.00 Oa Wee Manne FG coon C1 cheek ‘Name Relationship ‘Address Ton Daa Maing Addresa| a iF altferent) 3 Gov't Issued Photo 1D (aype, number, state, © casn 1 check Issue date, exp, date) o Other 10 (description, detals) Ciena Employer (1 ATM — §¥ Debit/Check Cards (No. Requested: sag i ue ins Fingnclal §@ eStatements me Online Banking Mall 4 Checks ‘Work Phono CET AUTO eee Home Phi ‘Moti Pho {lFnot 2 "U.S. Person’, certify foreign status separately} Bi eth Da SSNITIN: $id By signing signature fietd (1) on this document, I certify under penaltlesof perjury that the statements made inthis section are true and that | am a U.S, citizen or olhor U.S, person fas Name defined in the instructions), lationship §@) Taxpayer 1.D. lumber ~ TIN:| ‘Address ‘The Taxpayer ldanttication Number (TIN) shown is my correct taxpayer identification number, Backup Withholding. 1am not subjoot to backup withholding afther beoaysy | have not boen nolilled that Tem subject to backup withholding asa result of a fatura to yeport all Maling Adéress {nterest or dividends, or the Internal Revenue Service has notified me that {am no longer subject to (i ferent) hhackup withholding, “Gov't lesved Photo ID) 1 Exempt Recipients. | aman exempt recipient under the Internal Revenue Servica ype, imber, state, Ragulations.Exompt payee cod ff any) Issue 1 xp, dae) Other 1D FATCA Code, The FATGA code anterad on this form {i any) indicating that | am from Weseriptton, details) FATCA reporting is corect. Emptoyor (TUTE eels Fanclel ost Mall ‘Work Phone Home Phona: Motila Phono: Birth Date: SSNITIN: Important Account Opening Information. Federal law requires us to obtain suffictent information to verify your Identity. You may be asked several questions and to provide one or mora forms of Identification to fulfill this requirement. In some instances we may use outside sources to confirm the information, The Information you provide is protected by our privacy policy and federal law. Signature CardiN Bankers Systomsi4 MIMAP-LAZIN SIN8(2018 Walters Kluwer Fl nan Services ©2016 Page 3 of 32 Aaliyah Henderson Tony L. Henderson 832 Ridgewood Dr. Apt 2 Fort Wayne IN 46805 oe cene een ene aenaneee —-Hote Balance History Account Nunber Sy ee eeeee 12-15-2022 to 05-01-2023 Post Date Eff Date Check Nor bescription Amount. Running Bal Status 02-23-2023 02-23-2023 0.73 (9,446.92) Completed 01-20-2023 01-20-2023 237.20 (9,447.65) Completed 01-20-2023 01-20-2023 0,00 (9,684.85) Pending 01-18-2023 01-18-2023 390.87 (9,684.85) Rejected 01-18-2023 01-18-2023 (390.87) (10,075.72) Completed 01-18-2023 01-18-2023 0,00 (9,684 85) Pending 01-09-2023 01-09-2023 (9,660.00) (9,684.85) Completed 01-09-2023 01-09-2023 (25.00) (24,85) Completed 01-09-2023 Q1-09-2023. (354,00) 0.15 Completed 01-09-2023 01-09-2023 177,00 154.15 Completed 01-09-2023 1-09-2023 147.38 177.15 Conpleted 01-07-2023 01-07-2023 (18.98) 29.77 Completed 01-07-2023 01-07-2023 (8.99) AB.75 Completed 01-06-2023 01-06-2023 3.00 87.74 Completed 01-06-2023 01-06-2023 (623.00) 84.74 Completed 01-06-2023 01-06-2023 $23.54 677.74 Completed 01-05-2023 01-05-2023 (20.69) 54,20 Completed 01-05-2023 01-05-2023 (1,003.74) 64,89 Completed 01-05-2023 01-05-2023 (1,003.74) 1,068.63 Completed 01-05-2023 01-05-2023 1,000.00) 2,072.37 Completed 01-05-2023 01-05-2023 (503.00) 3,072.37 Completed 01-05-2023 01-05-2023 (1,003.74) 3,575.37 Completed 01-05-2023 01-05-2023 (1,003.74) 4,519.11 Completed 01-05-2023 01-05-2023 (1,003.74) 582.85 Completed 01-05-2023 01-05-2023 (20.00) 6,586.69 Completed 01-05-2023 01-05-2023 (7.48) 6,606,59 Completed 01-05-2023 01-05-2023 (1,003.74) 6,614.07 Completed 01-06-2023 01-05-2023 (1,003.74) 7,617.81 Completed 01-05-2023 01-05-2023 (1,003.74) 8,621.55 Completed 01-04-2023 01-04-2023 19.65 9,625.29 Completed 01-04-2023 01-04-2023 (25,00) 9,605.64 Completed 01-04-2023 01-04-2023 (36.01) 9,630.64 Conpleted 01-04-2023 01-04-2023 (100.00) 9,666.65 Completed 01-04-2023 01-04-2023 (20.00) 9,766.65 Completed 01-04-2023 01-04-2023 (23,35) 9,786.65 Completed 01-03-2023 01-03-2023 9,660.00 9,810.00 Completed 01-03-2023 01-03-2023 (50.00) 150.00 Completed 01-03-2023 01-03-2023 (20.00) 200,00 Completed 01-03-2023 01-03-2023 160,00 220.00 Completed 01-03-2023, 01-03-2023 (10.00) 70.00 Completed 1-03-2023. 01-03-2023 (30,00) 80.00 Completed 01-03-2023 01-03-2023 (10.00) 110,00 Completed 01-03-2023 01-03. 2023 (10,00) 120.00 Completed 01-03-2023 01-03-2023 (10.00) 130.00 Completed Page 4 of 32 SRIVERS, ee ior Raliyah Henderson Ton L Henderson 6841 Blue Mist Re Fort Wayne , IN Te819~ 1 NOTIVICATION OF RETURNED ITEM(S) A check that you recently cashed or deposited has been returned to us from the issuer. AS a’ resu of these uncollected funds, we have debited your account for the amount of the item for the following reason, * AMOUNT RETURN REASON SERVICE, CHARGE $ .00 = Refer to Maker The returned item is enclosed for your records, and cannot be redeposited. If you have any questions, please call us at (260) 490-8328 or (S00) 825-3641, ’ Multiple items may be included in Lhis notice, — wana per nuINIVERSITY SD ee 20081505 Sr jesse ncaa ‘mtirort saa 1 tre met sue mat ey 03000 70‘ONDER SEE Muto AITRIDGENOODENAPTE _orronienits ey Petit aor & mon 01/09/2023 - eT 8660-00 Page 5 of 32 SPHags Che Bak NA GEIS — 2008150: ot/os/2023 —— + Fhe pare” check Amott W UNWERSITY ACCOUNTING J ACCOUNTS PAYABLE, 7°98/09/22 grseeeg, $50.00 + This is.2 legal COPY of your «Monee Ins 726-0728 oe eck. You can use jt the same vay youwould use the original ‘4 sting Thousand Six Bociredt Sixty & 00/L00+e#44 TO .SZHE AALIYAH HENDERS! fer to weer Hyis ORDER 932 RIDGEWOOD DRAPT2 oe ‘OF FORT WAYNEIIN 4520 GREED: NATURE REQUIRED, Tae <2 —— é ey fe Pry ibe eg ue om 2 | BE §/ E paulie QBy ib ee 28 t Do not endorse or write below this line. SRIVERS, Revised: December 14, 2021 TABLE OF CONTENTS Introduction Membership, Account and Account Services Agreement... Arbitration and Class Action Waiver... Electronic Signatures, Electronic Contracts and Electronic Records.. 12 Electronic Funds Transfers Agreement 13 Privacy Policy and Agreement Uniform Commercial Code Funds Transfers Agreement 20 Funds Availability Disclosure... 21 Truth-in-Savings Act Disclosure... 22 Term Share Certificate Accounts... 23 Common Features of All Accounts... 23 INTRODUCTION This Agreement, the Truth-in-Savings Act Rate and Fee Disclosure explain the rules that govern your account(s) and account services with us. Please read these information pieces carefully and keep them in a safe and convenient place. Your relationship with the Credit Union is also governed by state and federal laws, which may change from time to time. The body of law is too large and complex to be reproduced here. The purpose of this Agreement Is to: (1) summarize the rules applicable to common Transactions; (2) establish rules to govern Transactions not regulated by state and federal law; (3) establish variations that will apply to certain rules, events or Transactions permitted by applicable law; and (4) provide you with certain disclosures and information regarding our policies as required by law. By signing a Master Membership Application and Signature Card or your use or continued use of any account or account services after receiving this Agreement, notice of its availability or notification of any change in terms, you, jointly and severally, agree that you understand and agree to the terms and conditions stated in this Agreement, the Truth-in-Savings Act Rate and Fee Disclosure, as amended from time to time. If you have any questions regarding any term or condition in this Agreement, please ask us before signing the Master Membership Application, any application or using any of our services. ARBITRATION AND CLASS ACTION WAIVER. Please note that this Agreement contains a binding Arbitration and Class Action Waiver provision which affects your rights with respect to any claims or disputes by or against Three Rivers Federal Credit Union. Please closely review the Arbitration and Class Action Waiver section of this Agreement. You may opt out by following the specified process within the specified timeframe. MEMBERSHIP, ACCOUNT AND ACCOUNT SERVICES AGREEMENT - GENERAL TERMS AND CONDITIONS 1 Terms, Conditions and Limitations of Your Relationship with the Credit Union. The purpose of this Section is to state the terms and conditions that apply to all of your accounts, account services or other relationships with us, including without limitation, loan, safe deposit and other services. You understand that the agreements, terms, conditions, rules and regulations applicable to your loans, and any other applicable account(s) or service(s) remain in full force and effect and continue to be applicable, except as specifically modified by this Agreement. Further, to the extent that the terms of a specific Subsection of this Agreement vary from the terms set forth in this Section, the specific terms and conditions of the Subsection will govern our relationship with you. 2. General Definitions. In this Agreement the words "you" or "yours” mean everyone that signs any Master Membership Application or is authorized to make Transactions regarding your account(s) as provided herein or by governing law, including any account service(s). “We", "us" or “our” means the Credit Union. "Access Device” means any card, electronic access device (app, website, digital banking, etc), codes, passwords or personal identification numbers (PIN), biometrics, account number, equipment, or software that is provided to allow you to access and/or initiate the transfer or movement of funds other than by paper. "Authorized User" means any person who has actual or to whom any owner has at any time given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. If you authorize anyone to use your access devices that authority shall continue until you specifically revoke such authority by notifying the Credit Union in writing or as required by applicable law. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate any or all of your account services immediately. This definition is intended to be construed broadly and includes without ConmarSystems, Inc., Peachtree City, GA 30269 - EFORM 138251 Rev. 9/10 bage 8 of 32 limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us. "Check" means an acceptable written "Instrument" on your account(s), and includes the term "share draft". “Instrument” means a written order as defined by Articles 3 and 4 of the Uniform Commercial Code pursuant to the laws of the State set forth in this Agreement. “Master Membership Application” means any signature card, account change card or other form required to open or change an account or obtain a service with us. "Member" means the person(s) who has established "membership" with us as set forth in this Agreement, 3Rivers bylaws and applicable law. Each person must complete payment of and maintain the required par value share to be a member. A joint owner may establish membership through a joint ownership interest in an account if otherwise qualified for membership. Thus, more than one member may establish "membership” through a particular account. An owners' rights with regard to the par value share necessary to maintain membership may be restricted as set forth in this Agreement or otherwise. “Member in Good Standing” means a member who maintains at least the minimum share set forth in 3Rivers bylaws; who is not significantly delinquent on any credit union loan; who has not had any account with this credit union closed due to abuse or negligent behavior; who has not caused a financial loss to this credit union; and who has not engaged in violent, belligerent, disruptive, or abusive activities such as: 1) Violence, intimidation, threats, harassment, or physical or verbal abuse of duly elected or appointed officials or employees of the credit union, members or agents of the credit union. This includes actions while on credit union premises and through use of telephone, mail, email or other electronic method. 2) Causes or threatens damage to credit union property. 3) Unauthorized use or access of credit union property. 4) Knowingly disseminating incorrect, misleading, confidential, or proprietary information regarding the credit union. 5) Any action that may cause material risk or financial harm to the credit union. "Owner" means the person(s) who has a present ownership interest in the sums on deposit in the multiple party Goint) accounts with the Credit Union, subject to the Credit Union's lien rights or any security interest. A person is not an "owner" unless specifically designated as such in a completed and signed Master Membership Application or Signature Card. "Shares" for the purpose of your pledge to secure your obligations to the Credit Union, our common law right of set off, and otherwise, “"share(s)" mean all funds in any share savings, share draft/checking, club, share certificate, P.O.D., revocable trust or custodial account(s), whether jointly or individually held regardless of contributions, that you have on deposit now or in the future, all of which are deemed "general deposits”, for the purpose of your pledge. Your pledge does not include any IRA, Keogh, tax escrow, irrevocable trust or fiduciary account in which you do not have a vested ownership interest. “Share drafts” include checks and other instruments drawn on your account(s) or submitted for deposit or collection. "Transaction or transaction" means any deposit, order, transfer, payment purchase via POS transaction or otherwise, withdrawal or other instruction relating to any account or account service provided by the Credit Union. Your Agreement With the Credit Union. All accounts and account services are governed by the terms and conditions of this Agreement, The Truth-in-Savings Act Rate and Fee Disclosure, your Master Membership Application, Account Card(s), account receipts, statements and certificates; any other application or agreement we require; together with the Credit Union's Bylaws, policies and procedures, which are herein collectively referred to as "Agreement". This Membership and Account Agreement governs all your accounts and services, including but not limited to loan services, whether opened now or in the future, except as otherwise specifically provided in this Agreement or other agreement(s) with us. This Agreement may be amended or revised by us at any time, and any change in the Agreement shall be effective at the earliest time allowed by law. This Agreement is binding upon all parties hereto and their heirs, successors, assigns and any other person claiming any right or interest under or through said parties. a. Inappropriate Transactions. You warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Third Party Service Providers' Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union's control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or an authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use of your account and/or access devices. Taxpayer Identification Numbers and Certification. Pursuant to the Master Membership Application used to establish your membership with us, you provided a certification regarding the accuracy of your taxpayer identification number (usually your Social Security Number) and whether your account is subject to backup withholding under the Internal Revenue Code. You acknowledge and agree that this certification applies to any and all accounts you have with us now or in the future, unless you provide written notification to us that specifically provides otherwise. Transaction Limitations and the Credit Union's Business Days. Except as may be otherwise specifically provided in our Agreements, all Transactions after the close of business on a business day we are open, or received on a day that we are not open for business will be ConmarSystems, Inc., Peachtree City, GA 30269 — EFORM 13825-1 Rev. 9/10 Page 9 of 32 treated, transmitted, recorded, etc., as applicable and appropriate as if received on the next business day that we are open. Deposits, orders, instructions, requests, etc., received by mail, electronically, at an unstaffed facility, or outside depository will be processed and credited only when actually received by us, and we shall have no responsibility until we actually receive the item. Membership Benefits and Obligations. Upon approval of your application and the deposit of any required shares, you become a "member- owner" of this Credit Union. As a "member-owner” you are eligible to apply for all Credit Union deposit, loan and other financial services; and you may vote at all annual or special meetings of the membership. You have an obligation to the Credit Union and all other member-owners to follow the rules established from time to time for the use of these services, and not to cause the Credit Union any loss. This includes, but is not limited to your obligation to repay all debts, loans, credit advances as well as other contractual, equitable and statutory obligations that may be payable by you to us. CROSS-COLLATERALIZATION: To reduce the possibility of loss, members grant to the Credit Union a lien on all shares and agree that all collateral pledged to secure any loan obligation owed to us will also secure payment of your other obligations. This pledge will secure all obligations owed at the time of the pledge or which arise thereafter. This "cross-collateralization” of your obligations applies to all debts regarding your accounts, loans or otherwise, including but not limited to each closed-end loan obligation, each advance under any Line of Credit loan plan, all obligations under any Credit Card Agreement with us, and overdrafts. Unless a contrary intent is evidenced in writing, obligations secured by a primary residence are not included in the "cross-collaterallzation” of your obligations to us. 5. Membership Eligibility and Future Services, To open or maintain any account(s) or service(s) with us, you must qualify for membership and deposit and maintain the par value of the required shares as provided by the Credit Union's Bylaws and other applicable laws. To verify your eligibility for any account(s), service(s), or loan products, now and in the future, you authorize us to make inquiry to determine your employment history and to obtain information concerning any accounts with other institutions and your credit history, including consumer credit reports. You agree that this authority applies to any account, account-related service, loans or other financial products you request or which we may offer to make available to you. We may also report information concerning your account(s) and credit to others. Defaults and Your Credit Reports: The Credit Union may report information about your account(s) to third parties such as credit reporting agencles/bureaus. Late payments, missed payments, Insufficient funds transactions or other defaults on your loan and share/share draft/checking account(s) may be reflected in your credit report. 6. uthentication and Signature (Loans and Obligations to the Credit Union). All borrowers and owners of collateral hereby authorize the Credit Union or its agent to file, execute, sign, authenticate and take all other actions deemed necessary or proper in said parties’ name(s) and stead with regard to the said parties’ obligations to sign, file or obtain any lien, evidence of lien, financing statement, certificate of title of other security instrument we deem necessary for: the attachment or perfection of our lien rights in any Collateral pledged to secure the borrower's obligations to the Credit Union as well as any additional collateral we may require under the terms of this Agreement and any alternate collateral we agree to accept; or sale of such collateral in the event of default, which authority includes any modification, amendment, continuation or re- filing. Deposits to Your Account(s) and Instruments Cashed. Funds may be deposited to any account, in any manner that is acceptable to us. Deposits may be made by mail, in person at any of our offices having facilities to accept deposits, or by direct deposit or other electronic funds transfer allowed by us. a. Endorsements, You authorized us, in our discretion, to accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of any one or more owners on the account, whether or not endorsed by all payees. All owners are deemed to receive the benefit of all deposits and the proceeds of such deposits; and we may give cash back to any payee. You authorize us to supply missing endorsements of any owners. If an insurance, government, or other check or draft requires an endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be placed in the space on the back of the share draft or check between the top edge and 1% inches from the top edge. We may accept drafts or checks with endorsements outside this space. However, if any such endorsement or any other markings you or any prior endorser has made on the draft or check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by us due to the delay or error. al. Substitute Checks. You agree not to deposit any substitute check or similar item that you have created, or for which no financial institution has provided any substitute check warranties and indemnity. If you do so, you agree to indemnify us for all losses we incur in connection with the substitute check or item. You agree not to deposit any substitute check without our consent. a2, E-Checks. When you or any person with authority authorize any E-Check you agree: (1) that we may pay the item as submitted to us; (2) that you shall be solely responsible for all information transmitted regarding such item(s) including but not limited to the payee(s), the amount(s) of the item(s), and endorsements or the lack thereof; and (3) you agree to indemnify us for all losses we incur in connection with any E-Check you authorize. Collection of Deposits. In handling deposits to your account, we act only as your agent for collection and assume no responsibility beyond the exercise of ordinary care. By signing the Master Membership Application or using any accounts or services, you specifically waive your rights to notice of non-payment, dishonor or protest regarding all items presented for collection. We have the right to refuse any order, transfer or deposit, limit the amount that may be offered for deposit and to return all or any part of a deposit. Special instructions for handling an item are effective only if made in writing and given to us separately along with the item in question. We will not be liable for any default or negligence of correspondents or for loss in transit, and each correspondent will only be liable for its own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve and Clearing House rules. Without prior notice to you, we may charge back any item at any time before final payment, whether returned or not, and may also charge back any item drawn on us if, within the normal handling period for such item, the item cannot be honored against the drawer's account. We are authorized to pursue collection of previously dishonored items (including re-presentment), and in so doing we may permit the payor financial institution to hold an item beyond the midnight deadline. Items that we present or re-present may be truncated or converted to an electronic or other format. ConmarSystems, Inc,, Peachtree City, GA 30269 EFORM 13825-1 Rev. 9/10 Bage 10 of 32 Direct Deposits. We may offer a direct deposit option allowing you to preauthorize deposits (i.e., payroll checks, Social Security or retirement checks, or other government checks) or preauthorize transfers from other accounts with us. You must authorize any direct deposits to your accounts by a separate authorization form. If applicable, you must notify us at least thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. You agree that you have an obligation to notify us immediately regarding the death of any person that receives any federal or state retirement, welfare, benefits or other payments via electronic or other deposit. If we are required to reimburse the federal or any state government, agency or authority for any payment deposited into your account for any reason, you agree that we may deduct the amount returned from any of your accounts, unless prohibited by law; and that you will be obligated to repay to us on demand any such sums. Direct Deposit or Transfer Authorization/Bankruptcy. If you file bankruptcy and fail to cancel any instructions in your direct deposit or transfer authorization, then you hereby instruct your employer and us to continue to make any applicable deposits, make loan payments in order to avoid delinquency and other transfers in accordance with your authorization, until written notification is received by us to discontinue any payments or transfers. Multiple Payees. Unless any check, share draft or other instrument expressly indicates that the item is payable to conjunctive payees, the instrument shall be deemed payable in the alternative. If there is any ambiguity, the instrument shall be deemed payable in the alternative (example: a check payable to "A and B" is a conjunctive instrument. A check payable to "A or B;” "A, B:""A/B", where "A and B” are listed on separate lin or otherwise, where not expressly conjunctive are payable in the alternative). Deposit at ATM and Night Deposit Facilities. All deposits and payments made at an ATM, or at one of our night deposit facilities are subject to the provisions and check collection procedures as disclosed to you in our "Funds Availability Policy". The contents of our night deposit facilities are processed once per business day. Deposit transactions of cash and other items to your account(s) can only be accepted at specifically designated ATMs. Not all ATMs can process deposit transactions, You further agree that the credit to account(s) for non-cash items will be conditional until we can collect the item. If we cannot collect the amount of a non-cash item, the amount will be deducted from your account. Final Payment. All items, deposits, ACH (Automated Clearing House) transfers, or other transfers credited to your account are provisional and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount of such items or ACH transfers or both and impose a return charge as set forth in the Rate and Fee Disclosure on your account without notice. If we incur any fee collecting any item, we may charge such fee to any of your accounts with us. We reserve the right to refuse or to return all or any item or funds transfer. We also have the right to charge back against any of your accounts with us all deposits, transfers, or collection items, including checks presented for payment of cash, that are returned to us due to non-payment, as a reclamation by the United States Treasury, or if we are required to repay any amounts previously collected for any reason whatsoever. These rights apply regardless of whether t