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- # Community Property Account Agreement
- We certify that we are husband and wife and are legal residents of the State
- of `communityPropertyState`
- In consideration of opening our Community Property Account with you, we
- jointly and severally agree to the following conditions.
- We agree that each of us shall have authority on behalf of the Community
- Property Account to buy, sell (including short sales), and otherwise deal in,
- through you as broker, stocks, bonds and other securities and commodities, on
- margin or otherwise; to receive on behalf of the Community Property Account
- demands, notices, confirmations, reports, statements of account and
- communications of every kind; to receive on behalf of the Community Property
- Account money, securities and property of every kind and to dispose of same; to
- make on behalf of the Community Property Account agreements relating to any of
- the foregoing matters and to terminate or modify same or waive any of the
- provisions thereof; and generally to deal with you on behalf of the Community
- Property Account as fully and completely as if one alone were interested in
- said account, all without notice to the other or others interested in said
- account. You are authorized to follow the instructions of any of the
- undersigned in every respect concerning the Community Property Account and to
- make deliveries to any of the undersigned, or upon his instructions, of any or
- all securities in the Community Property Account, and to make payments to any
- of the undersigned, or upon his order, of any or all monies at any time or from
- time to time in the Community Property Account as he may order and direct, even
- if such deliveries and/or payments shall be made to him personally, and not for
- the Community Property Account. In the event of any such deliveries of
- securities or payments of monies to any of the undersigned as aforesaid, you
- shall be under no duty or obligation to inquire into the purpose or propriety
- of any such demand for delivery of securities or payment of monies and you
- shall not be bound to see to the application or disposition of the said
- securities and/or monies so delivered or paid to any of the undersigned or upon
- his order. The authority hereby conferred shall remain in force until written
- notice of the revocation addressed to you is received by you.
- Our liability with respect to said account shall be joint and several. We
- further agree that all property you may at any time be holding or carrying for
- one or more of the undersigned shall be subject to a lien in your favor for
- the discharge of the obligations of the joint account to you, such lien to be
- in addition and not in substitution of the rights and remedies you otherwise
- would have, and further agree jointly and severally to indemnify and hold you
- harmless with respect to any liability (including counsel fees) which may be
- incurred by you to either of the undersigned or to their heirs or personal
- representatives for acting pursuant to the authority granted herein.
- You shall title all property placed in the account and the proceeds thereof
- as community property; such designation is intended only for the convenience of
- the parties and is not In any way intended to change the substantive status of
- the ownership of the property or the proceeds thereof. You are authorized to
- receive into the Account any funds, securities, or other property delivered to
- you by or for either of us without delineation as to actual ownership of the
- property.
- It is further agreed that in the event of the death of either or any of the
- undersigned, the survivor or survivors shall immediately give you written
- notice thereof, and you may, before or after receiving such notice, take such
- proceeding, require such papers and inheritance or estate tax waivers, retain
- such portion and/or restrict transactions in the account as you may deem
- advisable to protect you against any tax, liability, penalty or loss under any
- present or future laws or otherwise. The estate of any of the undersigned who
- shall have died shall be liable and each survivor shall continue liable jointly
- and severally, to you for any net debit balance or loss in said account in any
- way resulting from the completion of transactions initiated prior to the
- receipt by you of the written notice of the death of the decedent or incurred
- in the liquidation of the account or the adjustment of the interests of the
- respective parties.
- We understand that you have entered into a fully disclosed clearing agreement
- with Apex Clearing Corporation (Clearing Firm) pursuant to which
- Clearing Firm may perform certain transaction processing, clearing,
- custodial, and financing functions for you with respect to the Account. We
- understand that Clearing Firm does not control, audit, or otherwise supervise
- your activities, does not verify information we provide to you regarding the
- Account or transactions processed for the Account, and does not
- undertake responsibility for reviewing the appropriateness of transactions
- entered by you on our behalf. We agree that you are not an agent of Clearing
- Firm, that Clearing Firm is not your agent, and that we will in no way hold
- Clearing Firm, or its officers, directors, employees and agents liable for any
- trading losses that we may incur. We agree that Clearing Firm is a beneficiary
- of our representations, warranties, acknowledgments, and covenants in this
- agreement (including, without limitation, our authorizations, indemnifications,
- waivers, and releases) to the same extent as if they were made directly by us
- to Clearing Firm. And we agree that Clearing Firm, in its own name and for its
- own benefit, shall be entitled to exercise and enforce directly against us such
- provisions and all other rights granted to you.
- Subject to provisions hereof, all notices or communications for the
- undersigned in respect of the joint account are to be directed to the mailing
- address as provided on the new account application.
- This document is not subject to any oral modification; the signing of this
- agreement revokes any and all other Community Property Account Agreements made
- with you or any of your predecessors, successors or assigns, and is binding
- upon each of our heirs, successors and assigns, and continues until revoked by
- any party.
- * Applicant Signature: `signature`
- * Joint Applicant Signature: `jointSignature`
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