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Personal Account Terms, Disclosures And PERSONAL ACCOUNT TERMS, DISCLOSURES AND AGREEMENTS BOOKLET Terms and Conditions for Personal Accounts, including World Markets® Accounts and non-FDIC Insured Metals Select® Accounts, related Disclosures and Agreements DECEMBER 2017 EverBank is a division of TIAA, FSB, member FDIC. PERSONAL ACCOUNT TERMS, DISCLOSURES AND AGREEMENTS BOOKLET 1.0. Introduction ................................................................ 4 2.0. Deposit Account Fee Schedule ................................................. 5 3.0. General Terms For All Personal Accounts and Services ............................ 10 3.1. General Terms ............................................................ 10 3.2. Electronic Fund Transfer Disclosures And Agreement ........................... 26 3.3. Funds Availability Disclosure ................................................ 30 3.4. Wire Transfer Agreement ................................................... 32 3.5. Online Banking Service Agreement ........................................... 35 3.6. Bill Payment And Electronic Bill Presentment Service Terms and Conditions ....... 37 3.7. Providing Security And Protecting You From Fraud ............................. 41 4.0. Specific Terms—Personal Deposit Accounts ...................................... 45 4.1. Specific Terms For Personal Deposit Accounts ................................. 45 4.2. Overdraft Protection Agreement.............................................. 56 4.3. Online Check Deposit Services Agreement ..................................... 62 5.0. Specific Terms—WorldCurrency Deposit Accounts ....................................70 5.1. Definitions And Meanings For WorldCurrency Accounts .......................... 71 5.2. General Terms and Conditions Applicable to WorldCurrency Accounts.............. 73 5.3. Non-Deliverable Currency Deposit Account Disclosures ......................... 77 5.4. Automatic Purchase Plan.................................................... 78 5.5. Specific Terms For WorldCurrency Deposit Accounts ............................ 79 6.0. Specific Terms— MarketSafe Certificate of Deposit Accounts .............................87 6.1. Definitions And Meanings For MarketSafe CD Accounts .......................... 87 6.2. General MarketSafe CD Account Terms and Conditions .......................... 89 6.3. Specific Terms For MarketSafe Accounts ...................................... 95 7.0. Specific Terms—Metals Select Accounts* ........................................ 98 7.1. Definitions And Meanings Specific to Metals Accounts ........................... 98 7.2. Metals Select Account Fee Schedule And Details................................ 100 7.3. Precious Metals Pricing Disclosures .......................................... 101 7.4. Other Specific Terms and Services............................................ 103 * EverBank Metals Select products: Are Not Bank or Are Not FDIC Insured Are Not Deposits May Lose Value Government Guaranteed Purchasing or owning metals involves degrees of risk that make them unsuitable for certain individuals. You should carefully consider the suitability of such metals before making any decision. Please refer to the Specific Terms - Metals Select Accounts section in this Booklet for additional information. 3 | TABLE OF CONTENTS 1.0. INTRODUCTION This Personal Account Terms, Disclosures and Agreements Booklet (“Booklet”) includes the terms and conditions for any deposit accounts, including World Markets Accounts, and non-FDIC insured Metals Select® Accounts you have with us for personal, family or household purposes (your “Account Agreement”). This Booklet also includes disclosures for those accounts, and the terms, conditions, agreements and disclosures for any related services that you have with or receive from EverBank and use primarily for personal, family or household purposes (such as for online banking). For business and other non-personal accounts, see our separate Business and Non-Personal Account Terms, Disclosures and Agreements Booklet. Please read this Booklet carefully and retain a copy for your records. By signing (manually, electronically, or otherwise) or submitting (electronically, verbally or otherwise) an EverBank® Account Application or other form when you open or request an account, product or service, or by otherwise opening or using an account with us or a product or service from us, you acknowledge receipt and review of the terms and conditions in this Booklet and any other applicable agreements and disclosures, including without limitation the Rate Sheet provided to you when your account was opened, together with all amendments thereto in effect from time to time. If you have any questions concerning your EverBank accounts or services, please contact us by phone, fax, or email. Refer to the contact information at the end of this Booklet. Sections 1, 2 and 3 of this Booklet contain terms and information applicable to all clients with personal accounts at EverBank. Section 4 contains specific terms applicable only to clients with Personal Deposit Accounts with EverBank. Sections 5 and 6 contain specific terms applicable only to clients with World Markets Deposit Accounts with EverBank. Section 7 contains specific terms applicable only to clients with Metals Select Accounts with EverBank. EverBank only has branches in the state of Florida, but offers banking products and services nationwide through the internet. For legal purposes, all deposits are considered to be made and held in the state of Florida, regardless of where they were mailed to or from, or where you are domiciled. You understand and agree that this Account Agreement is governed by federal laws and, to the extent not preempted by federal law, the laws of the state of Florida, without regard to conflicts of law principles regarding laws of other states. This means that the laws of your state of domicile during your lifetime or at the time of your death are not applicable to your banking products, services, or transactions with EverBank unless provided for herein. The body of state and federal law that governs our relationship with you, however, is too large and complex for reproduction here. Therefore, the purpose of this document is to: 1. summarize some policies applying to common transactions; 2. establish rules to cover transactions or events that the law does not regulate; 3. establish rules for certain transactions or events that the law regulates but allows for variation by agreement; and 4. provide you disclosures of some of our policies to which you may be entitled, or in which you may be interested. In the event that any provision of this Account Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. EverBank is a division of TIAA, FSB, a federal savings association and member FDIC. TIAA, FSB, is a subsidiary of Teachers Insurance and Annuity Association of America (“TIAA”). For FDIC insurance purposes, your deposits with EverBank are combined by ownership category with deposits you have with TIAA Direct, which is also a division of TIAA, FSB, and with any other deposits you have with TIAA, FSB, through your trust, retirement, and/or brokerage relationships with affiliated TIAA companies. 4 | INTRODUCTION 2.0. DEPOSIT ACCOUNT FEE SCHEDULE The following fees may be assessed against your account and the following transaction limitations, if any, apply to your account. CHECKING ACCOUNTS Yield Pledge® Checking Account Minimum deposit required to open account1 $5,000 Yield Pledge Checking Account monthly fee $0 Basic Checking Account* Minimum deposit required to open account $25 Monthly fee in any month when average daily balance is below $25 $5 *Monthly fee is waived for New York residents. MONEY MARKET ACCOUNTS Yield Pledge® Money Market Account Minimum deposit required to open account1 $5,000 Yield Pledge Money Market Account monthly fee $0 Excess transaction fee in any month when you exceed the transaction limits for this account2 $10 SAVINGS ACCOUNTS Basic Savings Account* Minimum deposit required to open account $25 Monthly fee in any month when average daily balance is below $25 $5 Excess transaction fee in any month when you exceed the transaction limits for this account2 $10 *Minimum opening deposit requirement and monthly fee are waived for Rhode Island residents. CERTIFICATE OF DEPOSIT (CD) ACCOUNTS CDARS® CD Minimum deposit required to open account $10,000 See section 4.1.5.7 of the Booklet for information regarding Early Withdrawal Penalties. Yield Pledge® CD Minimum deposit required to open account $5,000 See section 4.1.6.4 of the Booklet for information regarding Early Withdrawal Penalties. Basic CD Minimum deposit required to open account $1,000 See section 4.1.7.4 of the Booklet for information regarding Early Withdrawal Penalties. LIBOR Index CD Minimum deposit required to open account $1,500 See section 4.1.8.1.4 of the Booklet for information regarding Early Withdrawal Penalties. 5 | DEPOSIT ACCOUNT FEE SCHEDULE Bump Rate CD Deposit required to open account $1,500 minimum, $250,000 maximum See section 4.1.9.8 of the Booklet for information regarding Early Withdrawal Penalties. OVERDRAFT LINE OF CREDIT ACCOUNT Overdraft Protection Line of Credit monthly fee $0 Overdraft Protection Line of Credit payment late charge $25 WORLDCURRENCY® ACCOUNTS Standard Currency Exchange Spread Less than 1% of the Wholesale Rate* * If you ask us and we agree to conduct a Currency Exchange for you (such as when you add or withdraw
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