Legal
Deposit Account Agreement
The OMB Bank agreement that governs the deposit account holding your Program Funds under the Easy Impound Program.
This Deposit Account Agreement (this “Agreement”) is entered into between OMB Bank, a state-chartered financial institution and member of the Federal Reserve System, Member FDIC (“Bank,” “we,” “us,” or “our”), and you, the individual or entity opening a deposit account through the Easy Impound Program (“Account Holder,” “you,” or “your”). This Agreement governs the deposit account (the “Account”) maintained by the Bank for your benefit in connection with the Easy Impound property tax and insurance payment program (the “Program”).
Easy Impound is a trade name of ON-Time Prop Pay LLC, a Wyoming limited liability company (“Program Manager” or “Easy Impound”). Easy Impound acts solely as a technology service provider and program manager and is not a bank, money transmitter, or escrow agent. Easy Impound does not accept deposits, hold funds, or transmit money. All banking, custody, and payment services are provided exclusively by the Bank.
The Bank utilizes Treasury Prime, Inc. (“Ledger Provider”) as a third-party technology and ledger services provider to facilitate account operations, recordkeeping, and transaction processing on the Bank’s behalf. Treasury Prime is a service provider to the Bank and does not itself hold deposits or provide banking services to you. Your relationship for all deposit and banking services is directly and exclusively with the Bank.
BY OPENING AN ACCOUNT OR SELECTING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT OPEN AN ACCOUNT.
1. Account opening and eligibility
1.1 Eligibility. To open an Account, you represent and warrant that you: (a) are at least eighteen (18) years of age; (b) are a legal resident of the United States; (c) have a valid Social Security Number or Individual Taxpayer Identification Number; (d) own, or have legal authority to manage property-related financial obligations for, real property located in the United States; and (e) have the legal capacity and authority to enter into this Agreement.
1.2 Property Owners and Investors. Accounts are available to individuals who own residential property as a primary residence, secondary residence, or investment property. If you are an investor or own property through a legal entity, you represent that you have the authority to open and manage the Account on behalf of such property and that all information provided is accurate and complete.
1.3 Referral and Enrollment. You may be referred to the Program by a loan officer, escrow officer, real estate agent, or other trusted real estate professional during or after the home purchase or refinance process. A referral does not create any obligation, guarantee, or endorsement by the referring party, and the referring party is not a party to this Agreement. Enrollment in the Program is voluntary.
1.4 Identity Verification. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. We may use third-party services to verify your identity. If we are unable to verify your identity, we reserve the right to decline to open an Account or to close an existing Account.
1.5 Account Information. You agree to provide accurate and complete information at enrollment and to promptly update your information — including property address, insurance details, contact information, and linked bank account information — through the Easy Impound platform whenever such information changes.
2. Account description and purpose
2.1 Nature of Account. Your Account is a deposit account held at the Bank in the Bank’s name for your benefit (a “For Benefit Of” or “FBO” account). The Bank maintains an omnibus custodial account in which your funds are held alongside the funds of other Program participants, with individual balances tracked through sub-ledger records maintained by the Ledger Provider on behalf of the Bank. Your deposit balance is a direct obligation of the Bank.
2.2 Purpose of Account. Funds deposited into your Account (“Program Funds”) are intended to be used exclusively for the payment of your property taxes and property insurance premiums as part of the Program. Program Funds may not be used for any other purpose while in the Account.
2.3 FDIC Insurance. Funds in your Account are eligible for Federal Deposit Insurance Corporation (“FDIC”) deposit insurance up to the applicable limits under FDIC rules and regulations. FDIC insurance coverage is determined on a per-depositor, per-insured-bank basis. You are responsible for monitoring the total amount of your deposits at the Bank (including deposits outside of the Program) in relation to applicable FDIC insurance limits. For more information about FDIC insurance coverage, visit www.fdic.gov or contact the FDIC.
2.4 No Interest. Unless otherwise disclosed to you in writing, your Account is a non-interest-bearing account. The Bank is not obligated to pay interest on Program Funds.
2.5 Not Based on a Federally insured Mortgage. Your Account is not a mortgage escrow or impound account. It is not established, required, or maintained by any mortgage lender or mortgage servicer, and it is not established in connection with any federally related or federally insured mortgage loan, including any loan insured, guaranteed, made, or purchased by the Federal Housing Administration, the U.S. Department of Veterans Affairs, the U.S. Department of Agriculture, Fannie Mae, or Freddie Mac. Neither the Bank nor Easy Impound is acting as your mortgage lender or mortgage servicer, and the Account is not an escrow account within the meaning of the Real Estate Settlement Procedures Act or Regulation X. Your participation in the Program is voluntary and is separate from any mortgage loan you may have. If your mortgage loan requires your lender or servicer to maintain an escrow account for property taxes or insurance, enrolling in the Program does not satisfy or replace that requirement, and you are responsible for obtaining any required escrow waiver from your lender or servicer before relying on the Program to pay those obligations. The FDIC deposit insurance described in Section 2.3 applies only to your deposit balance at the Bank and does not mean that any mortgage loan is federally insured.
3. Deposits, funding, and ACH debit authorization
3.1 Deposit Method. You will fund your Account by authorizing recurring electronic transfers (ACH debits) from an external bank account you designate (your “Linked Bank Account”). Your authorization for those transfers is given in Section 3.2 below, which is your ACH Debit Authorization.
3.2 ACH Debit Authorization
This Section 3.2 is your ACH Debit Authorization. Read it carefully. By accepting it you are authorizing recurring electronic debits from your Linked Bank Account.
(a) What you are authorizing. You authorize the Bank, acting through Easy Impound as Program Manager, to initiate recurring ACH debit entries to your Linked Bank Account, and to initiate any adjusting entry necessary to correct an error. Funds debited under this Authorization are deposited into your Account and are used solely to pay the property taxes and property insurance premiums you enroll. This Authorization does not cover Easy Impound’s technology fees, which are charged separately to the payment method you designate under the Easy Impound Terms of Service and are never debited from your Linked Bank Account or deducted from your Program Funds.
(b) Account to be debited, amount, frequency, and start date. The particulars of this Authorization — your Linked Bank Account (financial institution and last four digits), the amount of each debit (one twelfth (1/12) of your estimated annual property tax and property insurance obligation), the day of the month each monthly debit occurs, and the start date — are displayed to you on the Easy Impound platform before you accept this Agreement, and are recorded in the copy of this Authorization kept in the Documents area of your Easy Impound account.
(c) Changes to the amount. Your monthly debit amount may change when your assessed value, tax rate, or insurance premium changes. If a scheduled debit will differ in amount from the previous debit, you will be notified at least ten (10) days before that debit of the new amount and the date it will be taken, as described in the Regulation E Disclosure.
(d) How long this Authorization lasts. This Authorization remains in effect until you cancel it as described in subsection (e), or until your Account is closed.
(e) How to cancel this Authorization or stop a payment. You may cancel this Authorization, or stop any individual scheduled debit, at any time. To stop a scheduled debit, you must notify us orally or in writing at least three (3) business days before the scheduled transfer date, by telephone at (307) 249-4185, by email at support@easyimpound.com, through your account settings on the Easy Impound platform, or by contacting the Bank using the information in Section 10.7. If you notify us orally, we may require written confirmation within fourteen (14) days.
Cancelling this Authorization stops future debits. It is not a breach of this Agreement or of the Easy Impound Terms of Service, and it does not trigger any fee, penalty, acceleration, or liquidated damages. Cancelling this Authorization does not by itself close your Account or end your participation in the Program, and it does not change your responsibility for paying your property taxes and insurance premiums. If debits stop, neither the Bank nor Easy Impound has any obligation to advance funds, and your Program Funds may be insufficient to make a scheduled disbursement. Separate deadlines apply to cancelling a scheduled tax or insurance disbursement; see Section 4.5 of this Agreement and Section 4.d of the Regulation E Disclosure.
(f) Your copy. A copy of this Authorization, showing the particulars in subsection (b), is provided to you when you accept this Agreement and remains available in the Documents area of your Easy Impound account. You may request an additional copy at any time at no charge.
(g) Your acknowledgment. By selecting “I Agree” to this Section 3.2, or by signing a paper copy, you authorize the recurring ACH debit entries described above and you confirm that you are an authorized signer on the Linked Bank Account identified in subsection (b).
Electronic acceptance. If you accept this Authorization electronically, the Easy Impound platform records your name, the date and time of acceptance, and the IP address associated with your acceptance. That record constitutes your signature.
3.3 Availability of Funds. Deposits made via ACH are subject to the Bank’s funds availability policy. ACH deposits are generally made available within two (2) to three (3) business days after the Bank receives credit for the deposit, but may be subject to extended holds as permitted by applicable law.
3.4 Returned Deposits. If any ACH debit to your Linked Bank Account is returned for any reason (including insufficient funds, account closure, or authorization revocation), the Bank may re-initiate the transfer, and you may be charged a return item fee. Repeated returned items may result in suspension or termination of your Account.
4. Withdrawals and access to funds
4.1 Disbursements for Taxes and Insurance. Program Funds in your Account will be disbursed by the Bank to the applicable taxing authorities and insurance carriers so that payment is received on or before the applicable Delinquency Date identified in Section 4.4 below, in accordance with the Program schedule and instructions communicated by the Program Manager. You authorize the Bank to make such disbursements on your behalf.
4.2 Right to Withdraw. You may access your Program Funds at any time by requesting a withdrawal or by canceling your participation in the Program through the Easy Impound platform. Upon such request, the Bank will return your Program Funds to your Linked Bank Account within seven (7) to fourteen (14) business days, subject to any processing requirements, holds, or restrictions imposed by the Bank or applicable law, and subject to the Disbursement Blackout Period described in Section 4.5. Your right to withdraw Program Funds is never contingent on, reduced by, offset against, or delayed by the status of any technology fees or other amounts you may owe to Easy Impound.
4.3 Separation of Program Funds and Technology Fees. Program Funds held at the Bank are entirely separate from any technology fees payable by you to Easy Impound. Easy Impound has no right to debit, deduct, offset, withhold, or otherwise access Program Funds held at the Bank to collect any fees or amounts owed by you to Easy Impound.
4.4 Tax and Insurance Due Dates and Delinquency Dates. Easy Impound will identify and maintain, within the Easy Impound platform, both the due date(s) and the delinquency date(s) for your property tax installments and insurance premiums, based on information obtained from the applicable taxing authorities, insurance carriers, or other sources of record, including information you provide.
“Delinquency Date” means, for each property tax installment, the date after which the installment becomes delinquent under the rules of the applicable taxing authority and penalties or interest begin to accrue; and, for each insurance premium, the date after which the policy would lapse or be cancelled for non-payment, taking into account any grace period allowed by the carrier.
In many jurisdictions a property tax installment has both a due date and a later delinquency date, and payment is timely if it is received on or before the delinquency date. Where the two dates differ, the Delinquency Date governs the Program schedule and every deadline measured from it under this Agreement, the Regulation E Disclosure, and the Easy Impound Terms of Service.
The Bank will disburse Program Funds so that payment is received on or before each applicable Delinquency Date. Easy Impound is responsible for monitoring and updating both the due dates and the Delinquency Dates in its systems to reflect new tax bills, insurance renewals, or changes in taxing authority or insurance carrier, and you agree to promptly provide Easy Impound with any tax or insurance documentation you receive that may affect either date. The due date(s) and Delinquency Date(s) on file for your Account — for property tax installments, homeowners/property insurance premiums, and flood insurance premiums where applicable — are populated and maintained by Easy Impound based on the records on file for your Account and are shown in the Easy Impound platform, where they may be updated from time to time as described above.
4.5 Disbursement Blackout Period. Tax and insurance disbursements are processed and released in advance so that payment is received on or before the applicable Delinquency Date. Once a disbursement has been released, the funds allocated to it cannot be recalled.
(a) Cancellation deadline and Blackout Period. You must submit any request to cancel, pause, or withdraw Program Funds no later than fourteen (14) calendar days before the applicable Delinquency Date. During the period beginning fourteen (14) calendar days before a Delinquency Date and ending when the corresponding disbursement has been completed (the “Blackout Period”), a request to cancel, pause, or withdraw the portion of your Program Funds allocated to that disbursement will not be processed.
(b) Funds not allocated to the disbursement. The Blackout Period applies only to the portion of your Program Funds allocated to the scheduled disbursement. Any remaining Program Funds may be withdrawn during the Blackout Period in accordance with Section 4.2.
(c) After the disbursement. Once the disbursement has been completed, your normal withdrawal and cancellation rights resume immediately, subject to the next applicable Delinquency Date. Any Program Funds remaining after the disbursement will be returned to you on request in accordance with Section 4.2.
(d) Multiple Delinquency Dates. Where a property has more than one Delinquency Date in a year, a separate cancellation deadline and Blackout Period applies to each. Easy Impound will make the applicable Delinquency Dates and corresponding cancellation deadlines available to you through the Easy Impound platform.
(e) Payments already sent. Neither the Bank nor Easy Impound is responsible for recovering or reversing a payment that has already been submitted to a taxing authority or insurance carrier. Your sole recourse for a refund of an overpayment is directly with the applicable taxing authority or insurance carrier.
5. Electronic fund transfers
5.1 Types of Transfers. The following types of transfers may be made to or from your Account:
- ACH debit transfers from your Linked Bank Account to fund your Account;
- ACH credit transfers from your Account to your Linked Bank Account for withdrawals; and
- disbursements from your Account to taxing authorities and insurance carriers, initiated by the Bank by ACH, wire, or check, depending on the payment methods accepted by the applicable taxing authority or insurance carrier.
A disbursement made by check or wire is not an electronic fund transfer and is not itself subject to Regulation E, although the Program Funds used to make it are held in your Account and the deposits that fund it are subject to Regulation E.
5.2 Transfer Limitations. Because your Account is designated for the specific purpose of property tax and insurance payments, transfers are limited to deposits from your Linked Bank Account, disbursements for property taxes and insurance, and withdrawals to you. You may not initiate general consumer purpose transactions, point-of-sale transactions, ATM withdrawals, check writing, or wire transfers from the Account, or use the Account for any purpose other than as described in this Agreement.
5.3 Regulation E Protections. Electronic fund transfers to and from your Account are subject to the Electronic Fund Transfer Act (“EFTA”) and Regulation E of the Consumer Financial Protection Bureau, as described in the separate Regulation E Disclosure provided to you at or before account opening. Please review the Regulation E Disclosure carefully.
6. Account statements and records
6.1 Electronic Statements and Communications. The Bank will provide you with periodic account statements reflecting deposits, disbursements, and your Account balance. Statements and other Account disclosures, notices, and records (“Bank Records”) may be delivered to you electronically, through the Easy Impound platform or by email.
(a) Your consent. By opening an Account or selecting “I Agree,” you consent to receive Bank Records electronically rather than on paper. This consent is given under the Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”) and applicable state law.
(b) Your right to paper copies. You may request a paper copy of any Bank Record at no charge by contacting the Bank or Easy Impound using the information in Section 10.7.
(c) Withdrawing your consent. You may withdraw this consent at any time by notifying the Bank or Easy Impound in writing using the information in Section 10.7. Withdrawal applies to Bank Records delivered after the Bank has had a reasonable opportunity to act on your request, and does not affect the validity of any record already delivered to you electronically. If you withdraw consent, Bank Records will be delivered to you on paper and delivery may take longer.
(d) Keeping your contact information current. You are responsible for keeping the email address and other contact information on file for your Account current so that you can receive Bank Records. You may update your information through the Easy Impound platform.
(e) What you need in order to access Bank Records. To access, view, and retain Bank Records you will need a computer, tablet, or smartphone with a current web browser and an active internet connection; a valid email address capable of receiving messages and attachments; software capable of viewing PDF files; and the ability to download, save, or print records you wish to keep. If these requirements change in a way that creates a material risk that you will not be able to access or retain Bank Records, you will be notified and asked to confirm that you still consent to electronic delivery.
(f) Relationship to the Easy Impound consent. This Section 6.1 governs Bank Records. Records provided by Easy Impound relating to the Easy Impound platform are governed by the Easy Impound Electronic Signature and Records Consent.
6.2 Duty to Review. You agree to promptly review each statement and to notify the Bank of any errors, unauthorized transactions, or discrepancies within sixty (60) days of the statement being made available to you. Failure to report within this period may limit your rights under applicable law.
7. Account closure and termination
7.1 Closure by You. You may close your Account at any time by notifying Easy Impound through the platform or by contacting the Bank directly. Upon closure, Program Funds will be returned to your Linked Bank Account as described in Section 4.2.
7.2 Closure by the Bank. The Bank reserves the right to close your Account at any time, with or without cause, upon reasonable notice to you. The Bank may close your Account immediately and without prior notice if the Bank reasonably believes that: (a) your Account is being used for illegal or fraudulent activity; (b) you have provided false or misleading information; (c) continued operation of the Account poses a risk to the Bank; or (d) closure is required by applicable law or regulation. Upon closure, the Bank will return remaining Program Funds to you.
7.3 Effect of Program Termination. If the Program or the Bank’s agreement with the Program Manager is terminated for any reason, the Bank will provide you with notice and return your Program Funds to you in accordance with applicable law.
8. Fees
8.1 Bank Fees. The Bank does not currently charge Account Holders fees for the maintenance of Accounts under the Program. The Bank reserves the right to introduce or change fees upon thirty (30) days’ prior written notice to you. Any such fees will be disclosed in a separate fee schedule.
8.2 Returned Item Fees. You may be charged a fee for ACH debit transactions that are returned unpaid. The current fee amount, if any, will be disclosed to you at enrollment and in the fee schedule.
8.3 Technology Fees to Easy Impound. Separate from any Bank fees, Easy Impound charges technology fees for access to the Easy Impound platform. Technology fees are governed by the Easy Impound Terms of Service, are charged to a separate payment method designated by you, and are never deducted from your Program Funds.
9. Governing law and disputes
9.1 Governing Law. This Agreement is governed by federal law, including the Electronic Fund Transfer Act, and, to the extent not preempted by federal law, the laws of the State of Missouri, without regard to conflict-of-law principles.
9.2 Dispute Resolution. Any dispute arising out of or relating to this Agreement or your Account with the Bank shall be resolved in accordance with the Bank’s standard dispute resolution procedures. Nothing in this section limits any rights you may have under the Electronic Fund Transfer Act or Regulation E.
10. General provisions
10.1 Amendments. The Bank may amend this Agreement at any time by providing you with at least thirty (30) days’ prior written notice (which may be delivered electronically). Your continued use of the Account after the effective date of an amendment constitutes your acceptance of the amended terms. If you do not agree to the amendment, you may close your Account.
10.2 Assignment. You may not assign or transfer your Account or any rights under this Agreement without the Bank’s prior written consent. The Bank may assign this Agreement or the Account in whole or in part without your consent.
10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.4 Entire Agreement. This Agreement, together with the Regulation E Disclosure and any fee schedule, constitutes the entire agreement between you and the Bank with respect to your Account. In the event of a conflict between this Agreement and the Easy Impound Terms of Service with respect to banking or financial services, this Agreement shall control.
10.5 Relationship of Parties. Your deposit and banking relationship is directly and exclusively with the Bank. Easy Impound is a technology service provider and program manager and is not a party to this Agreement except as expressly referenced herein. Treasury Prime, Inc. is a technology and ledger services provider to the Bank and has no direct banking relationship with you.
10.6 No Waiver. The Bank’s failure to exercise any right under this Agreement does not constitute a waiver of that right.
10.7 Contact Information. For questions about your Account, you may contact: OMB Bank, 3570 S National Ave, Springfield, MO 65807, (417) 869-9000; or Easy Impound Customer Support, support@easyimpound.com, (307) 249-4185.
Acknowledgment and consent
By opening an Account, selecting “I Agree,” or depositing funds into the Account, you acknowledge that you have received, read, and understood this Deposit Account Agreement, including the Regulation E Disclosure, and you agree to be bound by its terms.
The account holder’s name, property address, and the property tax and insurance delinquency dates on file (per Section 4.4) are captured on the Easy Impound platform when you accept this Agreement, and your acceptance record — your name, the date and time of acceptance, and the associated IP address — constitutes your signature.