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Legends West Bank
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Legends West Bank

REG CC FUNDS AVAILABILITY

February 28, 2011

This disclosure contains information about terms, fees, and interest rates for some of the accounts we offer.

ELECTRONIC FUNDS TRANSFER SERVICE LIMITS AND FEES

Online Banking

If you have this online banking service, the following limitations and fees will apply to your account:

  • There is no charge for banking online with us.

VISA CHECK CARD

NO MONTHLY SERVICE FEE. FOR AFTER HOURS TO REPORT LOST/STOLEN VISA CHECK CARDS TO: 1-800-556-5678.
If you have this ATM service, the following limitations and fees will apply to your account:

  • You may withdraw up to a maximum of $250.00 (if there are sufficient funds in your account) per day.
  • We do not charge for ATM transactions at the present time.
  • There is a Replacement Card Fee of $5.00 per card.

GOVERNMENT DIRECT DEPOSIT

If you have this EFT service, the following limitations and fees will apply to your account:

  • We do not charge for any preauthorized EFTs.

OTHER DIRECT DEPOSIT

If you have this EFT service, the following limitations and fees will apply to your account:

  • We do not charge for any preauthorized EFTs.

PREAUTHORIZED DEBIT

If you have this EFT service, the following limitations and fees will apply to your account:

  • Money market and savings accounts are limited to six (6) preauthorized transfers per month or statement cycle of at least four weeks. No more that six (6) of these transfers may be made payable to third parties by check, draft, debit card, or similar means.

We do not charge for any preauthorized EFTs.

POINT OF SALE

If you have this Point of Sale service, the following limitations and fees will apply to your account:

  • You may purchase up to a maximum of $500.00 worth of goods and services per day, exclusive of ATM withdrawals.
  • We do not charge for any POS transactions.

FUNDS AVAILABILITY POLICY DISCLOSURE

YOUR ABILITY TO WITHDRAW FUNDS AT LEGENDS WEST BANK.

Our policy is to make funds from your cash and check deposits available to you on the same business day as the day we receive your deposit. Once the funds are available, you can withdraw them in cash and/or we will use them to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 2:30 P.M. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:30 P.M. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Reservation of Right to Hold.

In some cases, we will not make all of the funds that you deposit by check available to you on the same business day as the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposit, however, may be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the same business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the business day after we receive your deposit. If you need the funds from a deposit right away, you should ask us when the funds will be available.

Longer Delays May Apply.

We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:

  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • We believe a check you deposit will not be paid.
  • There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Holds On Other Funds.

If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the of check that you deposited.

Special Rules For New Accounts.

If you are a new customer, the following special rules will apply during the first 30 days your account is open: Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from the deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from deposits of checks drawn on LEGENDS WEST BANK will be available on the same business day as the day of your deposit. Funds from all other check deposits will be available on the eleventh business day after the day of your deposit.

SUBSTITUTE CHECK POLICY DISCLOSURE
Substitute Checks and Your Rights

What is a substitute check?

To make check processing faster, federal law permits credit unions and banks to replace original checks with "substitute checks". These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

What are my rights regarding substitute checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do I make a claim for a refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at LEGENDS WEST BANK, PO BOX 248, LEWELLEN, NE, 69147, (308) 778-5361, bankoflewellen@embarqmail.com. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include:

  • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
  • An estimate of the amount of your loss;
  • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
  • A copy of the Substitute Check