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A TRUE :CRY GERTi ICATitCP ORS LAST RACE J.R. SMiTH, CL RK (i) Checks drawn on banking institutions outside the U.S.or in currencies other than U.S.Dollars; Customer is authorized to enforce each Third Party Check (ii) Irregular checks (e.g., where the numerical and that is transmitted to Bank using the Services, and written amounts are different); Customer is authorized to obtain payment of and each (iii) Previously-returned checks; Third Party Check is properly payable to and enforceable (iv) Checks payable to or in cash; by Customer, (v) Checks exceeding any Customer transaction or file limits as Bank may establish from time to time;and Consistent with the terms of this Appendix as well as the (vi) Checks that are postdated or more than six (6) Account Agreement, if a Third Party Check is returned, months old. Customer owes Bank the amount of the Third Party Check, regardless of when the Third Party Check is returned.Bank 3.1.2 The following check types may withdraw funds from Customer's Account to pay the are restricted for use with and may only be processed using amount owed to Bank,and if there are insufficient funds in the Services with prior approval by Bank (as further Customer's Account, Customer will owe the remaining described below): balance;and (i) Checks payable to a third party (rather than to Except where otherwise provided, all other provisions of Customer)(hereinafter"Third Party Checks");and this Appendix shall apply to Third Party Checks and to Customer's use of the Services in conjunction with Third (ii) Remotely-created checks (or remotely created Party Checks. payment orders deposited into or cleared through the check clearing system) (hereinafter, collectively referred to 3.3 Remotel)-Created Checks. A remotely-created simply as "remotely-created checks" unless otherwise check,unlike atypical check or draft,is not created by the expressly specified). paying or drawer bank and does not contain the signature of the account-holder (or a signature purporting to be the Notwithstanding the foregoing, under no circumstances signature of the account-holder).In place of a signature,the may Customer use the Services to deposit any check types check generally has a statement that the account-holder that Customer is banned or prohibited from using or authorized the check or has the account-holder's name accepting under applicable law, including, by way of typed or printed on the signature line. Customer shall example only, the use or acceptance by sellers and request approval from Bank prior to any use of the Services telemarketers of remotely created payment orders (which to process remotely-created checks,which permission Bank include remotely-created checks) as defined and described may grant or refuse in its sole and exclusive discretion. in the Federal Trade Commission's Telemarketing Sales Such use of the Services and the scope of permitted Rule. remotely-created checks may be limited or restricted by Bank in its sole and exclusive discretion, and/or by 3.2 Third Party Checks. Customer shall applicable law. request approval from Bank prior to any use of the Services to process Third Party Checks,which permission Bank may 3.3.1 If approved to use the grant or refuse in its sole and exclusive discretion. Such Services to process remotely-created checks, Customer use of the Services and the scope of permitted Third Party shall be deemed to make the following additional Checks may be limited or restricted by Bank in its sole and representations and warranties upon each delivery to Bank exclusive discretion, including without limitation to those of an Electronic File containing remotely-created checks: Third Party Checks that have been properly endorsed over to Customer as further described below. (i) Customer has received express and verifiable authorization to create the check in 3.2.1 If approved to use the Services to process Third the amount and to the payee that appears on the check; Party Checks, Customer shall make the following additional representations and warranties upon each (ii) Customer will maintain proof delivery to Bank of an Electronic File (as defined below) of the authorization for at least two(2)years from the date containing Third Party Checks: of the authorization, and supply Bank with such proof, if Bank requests it, within five (5) Business Days of the (i) All endorsement(s) on the original Third Party request;and Checks are legible,genuine and accurate; (iii) Consistent with the terms of this Appendix as well as the Account Agreement, if a Customer has instituted procedures to ensure that each remotely-created check is returned, Customer owes Bank original Third Party Check was authorized by the drawer in the amount of the check, regardless of when the check is the amount stated on the original Third Party Check and to returned. Bank may withdraw funds from Customer's the payee(s)stated on the original Third Party Check; Account to pay the amount owed to Bank,and if there are insufficient funds in Customer's Account, Customer will Each Third Party Check contains all endorsements applied owe the remaining balance. by the prior payee(s) stated on the original Third Party Check and has been properly endorsed by such payee(s)for payment over to Customer, XC 4814-6754-1549 41 of 58 022016