Exhibit,Appendix: Delaware National Bank Of Delhi v. Shirley A Goodchild

On March 15, 2024 a Exhibit,Appendix was filed involving a dispute between Delaware National Bank Of Delhi, and Shirley A Goodchild, for Commercial - Other (consumer credit non-card) in the District Court of Delaware County.

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FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

EXHIBIT A
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024
ACCOUNT AGREEMENT

NAT' Account Number:
DELAWARE L BANK OF DELHI
Account Owner(s) Name & Address
124 MAIN STREET
DELHI, NY 13753 SHIRLEY A GOODCHILD

Agreement Date: 03/02/2022 By: Michele R Ackerley [5151
O EXISTING Account - This agreement replaces previous agreement (s).
Account Description: EZ CHECKING
120 SAWMILL LANE
NORTH BLENHEIM, NY 12131-1820
E Checking O Savings C NOW D
Initial Deposit $ 150.00 Source: Additional infonnation: Opened by: Michele R Ackerley

- PERSONAL Date Opened: 03/02/2022
Ownership of Account Pup
Number of Signatures Required: 1
E Individual C
¡ Joint - With Survivorship (md not as tenmts In common)
¡ Joint - No Survivorship (as tenants In common)
Signature(s). The undersignedcertifies the accuracy of the infonnation hefshehas
D Convenience Account provided and acknowledgesreceipt of a coInpleted copy of this form. The undersigned
authorizesthe financial institution to verify oredit and employmenthistory and/orhave
O Trust - Separate Agreement: a credit reporting agency preparea credit report on the undersigned,asindividuals.
The undersignedalso acknowledgethe receipt of a copy and agreeto the terms of the
D Revocable Trust Designation as Defined in this Agreement follow mg agreement(s)andor disclosure(s):
. . .
(Narne and Address of Beneficianes):
E Terms & Conditions E Truth in Savings E Funds Availability
8ectronic Fund Transfers E Privacy E Substitute Checks
Common Features O
The Internal Revenue Service does not require your consent to any
provision of this docurnent other than the certifications required to
avoid backup withholding.

(1):

SHIRLEY A GOODCHLD
l. D. # D.O.a 06/03/1960

(2):

- BUSINESS Purpose l. D. # no.a
Ownership of Account

¡ Sole Proprietorship O Single-Mernber LLC O Partnership
O LLC (LLC tax classification: O C Corp ¡ S Corp O Rwtnership) (3):
O C Corporation D S Corporation O Abn-Rufit
O
l. D. # D.O.a
Business:

Rrsons" -
Backup Withholding Certifications (NS>°U.S UseseparateFormW8)
(4):
E By signingat Ight, I, SHIRLEY A GOODCHILD
certify underpenaltiesof perjurythat the statementsfradeinthis sectionaretrue
l. D. # D.O.a
E TIN: TheTaxpayerIdentification
Number(TIN)shownis my correcttaxpayeridentificationnumber. C The below narned person(s) are Convenience Signers ordy (not owners)

E Not Subject to Backup Withholding. I amNOTsubjectto backup
withhoding eitherbecauseI havenot beennotifiedthat I amsubjectto backup
withhoding as a resultof a fallureto reportall interestor dividends,or the Internal X
RevenueServicehasnotfied rnethat Iamno longersubjectto backupw thholding.

C Exempt Recipient. I amanexemptrecipientunderthe InternalRevenue l. D. # D.O.B
ServiceRegulations.Exemptpayeecode(if any)

FATCA Code. TheFATCAcodeenteredonthis form (if any)indcatingthat I am
exemptf romFATCAreportingIscorrect. X

U.S. Person. I arn a U.S. citizen or other U .S. person (as defined
in the instructions).
l. D. # D.O.a

SignatureCard-NY
BankersSystems" VMP® MPSC-LAZ-NY
1/15/2016
WoltersKluwerFinancialServices©2016 Dated Forrn:o3/o2/2022 Page1 d 1
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

Terms and Conditions of Your Account
Contents:
(1) Important Information about Procedures for (14) Reimbursement of Federal Benefit Payments
Opening a New Account (15) Temporary Account Agreement
(2) Agreement (16) Setoff
(3) Liability (17) Check Processing
(4) Deposits (18) Check Cashing
(5) Withdraw als (19) Truncation, Substitute Checks, and Other
Important Terms for Accounts Where More Check Images
Than One Person Can Withdraw (20) Remotely Created Checks
Postdated Checks (21) Unlaw ful Internet Gambling Notice
Checks and Withdraw al Rules (22) ACH and Wire Transfers
Cash Withdraw als (23) International ACH Transactions
Multiple Signatures, Electronic Check (24) Facsimile Signatures
Conversion, and Similar Transactions (25) Restrictive Legends or Indorsements
Notice of Withdraw al (26) Account Transfer
(6) Ow nership of Account and Beneficiary (27) Indorsements
Designation (28) Death or Incompetence
Individual Account (29) Fiduciary Accounts
Joint Account - With Survivorship (30) Credit Verification
Joint Account - No Survivorship (31) Legal Actions Affecting Your Account
Convenience Account (32) Account Security
Revocable Trust Account Your Duty to Protect Account Information
(7) Business, Organization, and Association and Methods of Access
Accounts Positive Pay and Other Fraud Prevention
(8) Stop Payments Services
(9) Telephone Transfers (33) Instructions From You
(10) Amendments and Termination (34) Monitoring and Recording Telephone Calls and
(11) Correction of Clerical Errors Account Communications
(12) Notices (35) Claim of Loss
(13) Statements (36) Early Withdraw al Penalties
Your Duty to Report Unauthorized (37) Changes in Name and Contact Information
Signatures (Including Forgeries and (38) Resolving Account Disputes
Counterfeit Checks) and Alterations on (39) Waiver of Notices
Checks and Other Items (40) Additional Terms
Your Duty to Report Other Errors or
Problems
Errors Relating to Electronic Fund Transfers
or Substitute Checks
Duty to Notify if Statement Not Received

(1 ) Important Information about Procedures for Opening a New Account
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.
What this means for you: 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 to see your driver' s license or other identifying documents.

Terms and Conditions-NY TC-NY 6/1/2022
2022 Wolters Kluwer Financial Services, Inc. (2206).00
All rights reserved. Page 1 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(2 ) Agreement
This document, along with any other documents we give you pertaining to your account(s), is a contract (also referred to as
"this agreement") that establishes rules which control your account(s) with us. Please read this carefully and retain it for
future reference. If you open the account (whether in-person, electronically, or by any other method permitted by us) or
continue to use the account after receiving a notice of change or amendment, you agree to these rules. You will receive a
separate schedule of rates, qualifying balances, and fees if they are not included in this agreement. If you have any questions,
please ask us.
This agreement is subject to applicable federal laws, the laws of the state of New York and other applicable rules such as the
operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement
can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is
too large and complex to be reproduced here. The purpose of this agreement is to:
1. summarize some laws that apply to common transactions;
2. establish rules to cover transactions or events which the law does not regulate;
3. establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this agreement is found to be unenforceable according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in
writing either on the signature card for your account or in some other document. Nothing in this agreement is intended to
vary our duty to act in good faith and with ordinary care when required by law.
As used in this agreement the words "we," "our," and "us" mean the financial institution and the words "you" and "your"
mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the
account. However, this agreement does not intend, and the terms "you" and "your" should not be interpreted, to expand an
individual' s responsibility for an organization' s liability. If this account is owned by a corporation, partnership or other
organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in
this agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would
be inconsistent to do so, words and phrases used in this agreement should be construed so the singular includes the plural and
the plural includes the singular.

(3 ) Liability
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this
account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the
account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered
by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or
overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and we can
deduct any amounts deposited into the account and apply those amounts to the shortage. You have no right to defer payment
of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.
You will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred
as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between
you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your
account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to
seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be
deducted from your account when they are incurred, without notice to you.

Terms and Conditions-NY TC-NY 6/1/2022
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FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
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(4 ) Deposits
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including
items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of
indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may
reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right
to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid
by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim
of alteration, encoding error, counterfeit cashier' s check or other problem which in our judgment justifies reversal of credit.
You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we
may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in,
foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for
transactions by mail or outside depository until we actually record them. We will treat and record all transactions received
after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated
on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we
accept a third-party check or draft for deposit, we may require any third-party indorsers to verify or guarantee their
indorsements, or indorse in our presence.

(5 ) Withdraw als
Important Terms for Accounts W here M ore Than One Person Can W ithdraw . Unless clearly indicated otherwise
on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may
withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the
contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you
or your order for deposit to this account or any other transaction with us.

Postdated Checks. A postdated check is one which bears a date later than the date on which the check is written. We
may properly pay and charge your account for a postdated check even though payment was made before the date of the
check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because
we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice
unless it precisely identifies the number, date, amount and payee of the item.

Checks and W ithdraw al Rules. If you do not purchase your check blanks from us, you must be certain that we
approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms
not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request
which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any
withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to
apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction
limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If
we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for
an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.

Cash W ithdraw als. We recommend you take care when making large cash withdrawals because carrying large amounts
of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to
consider a cashier' s check or similar instrument. You assume full responsibility of any loss in the event the cash you
withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision
to withdraw funds in the form of cash.

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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(5 ) Withdraw als, Continued
M ultiple Signatures, Electronic Check Conversion, and Similar Transactions. An electronic check conversion
transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the
Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from
circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise
examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to
examine the signatures, you waive any requirement of multiple signatures.

Notice of W ithdraw al. We reserve the right to require not less than 7 days' notice in writing before each withdrawal
from an interest-bearing account, other than a time deposit or demand deposit, or from any other savings deposit as
defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals
from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See
your separately provided notice of penalty for early withdrawal.

(6 ) Ow nership of Account and Beneficiary Designation
These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the
account records. We reserve the right to refuse some forms of ownership and beneficiary designations on any or all of our
accounts unless otherwise prohibited by law. We make no representations as to the appropriateness or effect of the
ownership and beneficiary designations, except as they determine to whom we pay the account funds.

Individual Account. This is an account in the name of one person.

Joint Account - W ith Survivorship (And Not As Tenants In Common). This is owned by two or more persons.
Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This
means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal
requests (including checks or other orders) from any owner during the lifetime of all owners. We may be required to
release money in the account to satisfy a judgment against or other valid debt incurred by any owner. We may honor
withdrawal requests (including checks or other orders) from any surviving owner after the death of any owner, and may
treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor
the withdrawal request (including checks or other orders) of an owner we will not be liable for doing so. After we receive
such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.

Joint Account - No Survivorship. (As Tenants In Common). This is owned by two or more persons, but none of you
intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to
agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not,
however, affect the number of signatures necessary for withdrawal.

Convenience Account. Governed by New York Banking Law § 678. See separate disclosure.

Revocable Trust Account. If two or more of you create such an account, you own the account jointly with
survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then
living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries
will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the
right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.

Terms and Conditions-NY TC-NY 6/1/2022
2022 Wolters Kluwer Financial Services, Inc. (2206).00
All rights reserved. Page 4 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(7 ) Business, Organization, and Association Accounts
Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law
or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity.
We may require the governing body of the entity opening the account to give us a separate authorization telling us who is
authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the
governing body of the entity.

(8 ) Stop Payments
The rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other
types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have
not disclosed these rules to you elsewhere, you may ask us about those rules.
A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable
opportunity to act on it. Because the most effective way for us to execute a stop-payment order is by using an automated
process, to be effective the order must precisely identify the number, date and amount of the item, and the payee. We will
honor a stop-payment request by the person who signed the particular item, and, by any other person, even though such
other person did not sign the item. Generally, if your stop-payment order is given to us in writing it is effective for six
months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period.
If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm
your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify
us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder
of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware
that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.

(9 ) Telephone Transfers
A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be
made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Limitations on
the number of telephonic transfers from a savings account, if any, are described elsewhere.

(1 0 ) Amendments and Termination
We may change any term of this agreement. For such changes, we will give you reasonable notice in writing or by any other
method permitted by law. We may also suspend or terminate a service or close this account at any time upon reasonable
notice to you and, if we close the account, tender of the account balance personally or by mail. Reasonable notice depends on
the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be
reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect
fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice.
If we have notified you of a change in any term of your account and you continue to have your account after the effective
date of the change, you have agreed to the new terms.
When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items
to be paid from the account.
Items presented for payment after the account is closed may be dishonored.
Note: Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another
document. In addition, for changes governed by a specific law or regulation, we will follow the specific timing and format
notice requirements of those laws or regulations.
Terms and Conditions-NY TC-NY 6/1/2022
2022 Wolters Kluwer Financial Services, Inc. (2206).00
All rights reserved. Page 5 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(1 1 ) Correction of Clerical Errors
Unless otherwise prohibited by law, you agree, if determined necessary in our reasonable discretion, to allow us to correct
clerical errors, such as obtaining your missing signature, on any account documents or disclosures that are part of our
agreement with you. For errors on your periodic statement, please refer to the Statements section.

(1 2 ) Notices
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific
delivery instructions provided elsewhere, if any. We must receive any notice in time to have a reasonable opportunity to act
on it. If a notice is regarding a check or other item, you must give us sufficient information to be able to identify the check
or item, including the precise check or item number, amount, date and payee. Notice we give you via the United States Mail
is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we
currently have on file. Notice we give you through your email of record, or other electronic method to which you agreed,
will be treated as delivered to you when sent. Notice to any of you is notice to all of you.

(1 3 ) Statements
Your Duty to Report Unauthorized Signatures (Including Forgeries and Counterfeit Checks) and Alterations
on Checks and Other Items. You must examine your statement of account with "reasonable care and promptness." If
you discover (or reasonably should have discovered) any unauthorized signatures (including forgeries and counterfeit
checks) or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of
these duties, you will have to bear the entire loss. Your loss could be not only with respect to items on the statement but
other items with unauthorized signatures or alterations by the same wrongdoer. We lose these protections if you establish
that we failed to exercise ordinary care in paying an item with an unauthorized signature or alteration.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will
not, in any circumstance, exceed a total of 14 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures or alterations in your account within 60 days of
when we first send or make the statement available, you cannot assert a claim against us on any items in that statement,
and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used
ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

Your Duty to Report Other Errors or Problems. In addition to your duty to review your statements for unauthorized
signatures and alterations, you agree to examine your statement with reasonable promptness for any other error or
problem - such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either
your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other
problems. You agree that the time you have to examine your statement and items and report to us will depend on the
circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and
report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting
a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely
yours.

Errors Relating to Electronic Fund Transfers or Substitute Checks (For consumer accounts only). For information
on errors relating to electronic fund transfers (e.g., online, mobile, debit card or ATM transactions) refer to your
Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on
errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.

Duty to Notify if Statement Not Received. You agree to immediately notify us if you do not receive your statement
by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be
an issue with your account, such as possible fraud or identity theft. Absent a lack of ordinary care by us, a failure to
receive your statement in a timely manner does not extend the time you have to conduct your review under this agreement.
Terms and Conditions-NY TC-NY 6/1/2022
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All rights reserved. Page 6 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(1 4 ) Reimbursement of Federal Benefit Payments
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was
directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from
the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law.
We may also use any other available legal remedy to recover the amount of our liability.

(1 5 ) Temporary Account Agreement
If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account
or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However,
we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements
we have imposed within a reasonable time.

(1 6 ) Setoff
You each agree that we may (when permitted by law) set off the funds in this account against any due and payable debt any
of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds
in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a
partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will
be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of
the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this
account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a
consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security
interest), or (c) the debtor' s right of withdrawal only arises in a representative capacity, or (d) social security or supplemental
security income payments are deposited directly into this account pursuant to an agreement with us which permits such direct
deposit without presentation to you at the time of deposit. We will not be liable for the dishonor of any check when the
dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a
result of our exercise of our right of setoff.

(1 7 ) Check Processing
We process items mechanically by relying almost exclusively on the information encoded in magnetic ink along the bottom of
the items. This means that we do not individually examine all of your items to determine if the item is properly completed,
signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that
we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do
not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the
check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements.
We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date
of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that
would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you
and all account holders.

(1 8 ) Check Cashing
We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument
written on your account. We may also require reasonable identification to cash a check, draft or other instrument. We can

Terms and Conditions-NY TC-NY 6/1/2022
2022 Wolters Kluwer Financial Services, Inc. (2206).00
All rights reserved. Page 7 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

(1 8 ) Check Cashing, Continued
decide what identification is reasonable under the circumstances and such identification may be documentary or physical and
may include collecting a thumbprint or fingerprint.

(1 9 ) Truncation, Substitute Checks, and Other Check Images
If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you
warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper
image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute
check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to
retain the original check in conformance with our policy for retaining original checks. You agree to indemnify us for any
loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that
have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless
specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image
of an original check.

(2 0 ) Remotely Created Checks
Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand
draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a
remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a
signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that
the owner authorized the check or has the owner' s name typed or printed on the signature line.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1)
you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the
check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us
the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is
returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your
account, you still owe us the remaining balance.

(2 1 ) Unlaw ful Internet Gambling Notice
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this
account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund
transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in
unlawful Internet gambling.

(2 2 ) ACH and Wire Transfers
This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which
you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial
institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution
may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution,
person or account other than the one named. You agree to be bound by automated clearing house association rules. These
rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is
made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform
Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your

Terms and Conditions-NY TC-NY 6/1/2022
2022 Wolters Kluwer Financial Services, Inc. (2206).00
All rights reserved. Page 8 of 14
FILED: DELAWARE COUNTY CLERK 03/15/2024 03:46 PM INDEX NO. EF2024-205
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/15/2024

account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries

may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not
requ

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Exhibit,Appendix: Delaware National Bank Of Delhi v. Shirley A Goodchild

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Exhibit,Appendix: Delaware National Bank Of Delhi v. Shirley A Goodchild

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