Lead Custodial Agreement

Custodial Account Authorization Agreement

You are the holder of an “Account,” issued by Lead Bank, Member FDIC (“Lead”), with respect to Accounts issued by Lead. The identity of the Bank that issued your Account is indicated on the reverse side of your physical Card and is also available within the Branch mobile application. Your Account is issued pursuant to either the Consumer Deposit Agreement or the Business Deposit Agreement, with Lead (a “Deposit Agreement”), and You hereby direct Lead and any of their designees, agents, representatives and affiliates (collectively, the “Bank,” “our,” “us” or “we”), as agent for you, to open and maintain at the Bank and/or with other depository institutions (each, an “Insured Depository Institution”) or the Federal Reserve Bank, a deposit account or omnibus custody account (“Sub-Deposit Account”) in the name of the Bank (for your benefit), and to deposit in the Sub-Deposit Account from time to time all or some moneys you may deliver to the Bank from time to time for credit to the Account 

The Bank, in its sole discretion, may deposit the funds in your Account into one or more separate Sub-Deposit Accounts to be managed by the Bank. The Bank will transfer funds it receives from you to or from each Sub-Deposit Account, in its sole discretion, and will, in its sole discretion, determine the amount of funds to deposit in and withdraw from the Sub-Deposit Account. With respect to each Bank, all terms, provisions and agreements set forth in the applicable Deposit Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Custodial Account Authorization Agreement are inconsistent with the terms of the applicable Deposit Agreement for each Bank as it relates to the Sub-Account, the terms set forth in this Custodial Account Authorization Agreement shall apply. For each Bank, terms not defined herein have the same meanings as set forth in the applicable DepositAgreement.

With respect to your Account, you hereby appoint the Bank issuing your Account as your agent and custodian, subject to the terms set forth herein. We are not, however, acting as your financial adviser. Review the terms of your Deposit Agreement for additional information. The owner of the Sub-Deposit Account is the Bank as agent and custodian for you. You will not be charged a fee for the Bank’s placement of your funds or in connection with the Sub-Deposit Account. The Bank performs all account deposits and withdrawals. Your funds in the Sub-Deposit Account will not bear interest.. All payments or interest paid by the Insured Depository Institutions with respect to the Sub-Deposit Account will be paid to us. Bank is hereby directed to invest and reinvest proceeds and other available moneys in the Account and Sub-Deposit Account. You further authorize us to execute and deliver or file on your behalf all appropriate receipts, agreements, releases and other instruments, including whatever agreements may be required to establish and maintain the Sub-Deposit Account or to establish your ownership interest in the Sub-Deposit Account. Deposit accounts are FDIC insured per depositor, as determined under FDIC regulations, up to applicable FDIC limits. The funds deposited in the Sub-Deposit Account will be FDIC insured to the same extent as if such funds were held in the Account with us and shall be aggregated with deposits maintained in your Account with us. In other words, the depositing of your funds into the Sub-Deposit Account will not otherwise increase your FDIC deposit insurance coverage. Please see your Deposit Agreement for additional information on determining the standard maximum deposit insurance amount.

The Sub-Deposit Account will be established at an Insured Depository Institution that has entered into agreements with the Bank or Federal Reserve Bank. Your only rights with respect to the Sub-Deposit Account are to demand we repay you all amounts in your Account, including those transferred to the Sub-Deposit Account, and to terminate this Custodial Account Authorization Agreement, as set forth below. The Sub-Deposit Account may not be transferred to another institution, except by us or the Insured Depository Institution. You may terminate our role as your agent and custodian and our ability to deposit funds you provide us in the Sub-Deposit Account by providing us with thirty (30) days’ prior written notice. For Accounts held at Lead, such notice may be sent to Lead Bank 1801 Main St, Kansas City, MO 64108. Any termination will result in a return of funds in accordance with law and closing of your Account and any Sub-Deposit Account opened specifically for you.

When we open the Sub-Deposit Account and deposit or withdraw funds from the Sub-Deposit Account, you understand and agree that we are acting as your agent with respect to the Sub-Deposit Account, and we will ensure the records associated with the Sub-Deposit Account are in our name, as agent or custodian. You will not receive any written confirmation of the establishment of the Sub-Deposit Account or transfer of funds to or from the Sub-Deposit Account; instead, we will maintain records clearly indicating the transfer and beneficial ownership of the Sub-Deposit Account. You must immediately report to us any changes in Account ownership information that you originally provided to us in connection with the submission of your application for an Account.

Our placing of funds may reflect considerations of federal and state law, our funding needs and funding needs of Insured Depository Institutions, general economic conditions or other factors determined by us in our sole discretion. We will not place funds with more than one Insured Depository Institution. We may place funds to enhance our business objectives and for balance sheet management without any benefit to you, including increased FDIC deposit insurance coverage. Further, we may receive greater benefits when we place your funds with an Insured Depository Institution than if we otherwise maintained your funds with us. We are under no obligation to place your funds with an Insured Depository Institution.

A Sub-Deposit Account will be a deposit obligation of the Insured Depository Institution that maintains the Sub-Deposit Account; provided, this does not modify our obligation to repay all amounts you deposited in your Account.

We may provide your name, tax identification number and other pertinent identifying information to the Insured Depository Institution, and other parties providing services in connection with the placement of your funds and the establishing and holding the Sub-Deposit Account. You hereby consent to such release of information. Nothing in this section shall be deemed to prevent us from disclosing information to a third party if required by law.

Although there are two or more accounts associated with your funds (the account maintained with us, referred to as the Account, and the Sub-Deposit Account), your Account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge, monthly statement and FDIC deposit insurance purposes. The existence of the Sub-Deposit Account and any other account maintained by us pursuant to these Account Terms is for internal purposes and will not change the manner in which you use, obtain information about your Account. These transfers, including the placement transfer, will not appear on your monthly statement.

You, to the extent permitted by law, agree to indemnify the Bank from and against any and all claims, losses and liabilities growing out of or resulting from this Custodial Account Authorization Agreement. The Bank shall promptly notify you of any claim, loss or liability as to which indemnification is sought. You shall have the right in each case at your sole expense to investigate, and the right in your sole discretion to defend or compromise any claim, loss or liability for which indemnification is sought. If any action, suit or proceeding is brought against the Bank in connection with any claim, loss or liability that is subject to indemnity hereunder, you may and, upon the Bank’s request will, at your expense resist and defend such action, suit or proceeding, or cause the same to be resisted or defended by counsel selected by the you and reasonably acceptable to the Bank.

This Custodial Account Authorization Agreement shall remain in full force and effect until the Deposit Agreement, related to your Account, terminates or is otherwise terminated by the applicable Bank in its sole discretion. This Custodial Account Authorization Agreement shall be binding upon and inure to the benefit of the you and the applicable Bank and each party;s respective successors and assigns; provided, however, you may not assign this agreement to any person without the Bank’s written consent.

THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF MISSOURI APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN THE STATE OF MISSOURI. IN THE EVENT THAT ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, UNENFORCEABLE OR VIOLATIVE OF ANY APPLICABLE LAW, IT SHALL BE DEEMED NULL AND VOID TO THE EXTENT THEREOF WITHOUT AFFECTING THE BALANCE OF THIS CUSTODIAL ACCOUNT AUTHORIZATION AGREEMENT.