Disclosures for Online Accounts

Evergreen Bank Group Disclosures

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1. ACH Transfer and Mobile Deposit Limits

Initiated Within Evergreen Bank Group's Online/Mobile Banking Platforms
The following ACH limits apply to transfers initiated within Evergreen Bank Group's online and mobile banking platforms. Segments are calculated at the end of each business day.

	Bronze	Silver	Gold	Platinum
Eligibility	Customer Relationship <= to 10 calendar days AND total deposit balances >= $0	Customer Relationship >= 11 calendar days AND total deposit balances >= $0	Customer Relationship >= 60 calendar days AND total deposit balances >= $10K	Customer Relationship >= 120 calendar days AND total deposit balances >= $50K
ACH In Limit*	$0	$5,000	$100,000	$250,000
ACH In Immediate Availability*	$0**	$100**	$250**	$500**
ACH Out Limit*	$0	$5,000	$5,000	$25,000

*Per business day | day = rolling 24-hour period
**Remaining balance available on the 3^rd business day after deposit

Initiated From External Financial Institution
You may deposit funds into or withdraw funds from your Evergreen Bank Group account by having an external bank (directly or through a third party) initiate an electronic fund transfer into or from your Evergreen Bank Group account. Transfers initiated externally are subject to the external bank's limits.

Mobile Deposit Limits

	Bronze	Silver	Gold	Platinum
Eligibility	Customer Relationship <= to 10 calendar days AND total deposit balances >= $0	Customer Relationship >= 11 calendar days AND total deposit balances >= $0	Customer Relationship >= 60 calendar days AND total deposit balances >= $10K	Customer Relationship >= 120 calendar days AND total deposit balances >= $50K
Check Maximum Amount	$0	$2,500	$5,000	$25,000
Daily Limit	$0	$2,500	$5,000	$25,000
Rolling 30 Calendar Day Limit	$0	$5,000	$10,000	$50,000
Volume Limit - # of Checks per Month	0	25	25	25

The Bank’s Funds Availability policy applies to checks deposited through mobile deposit. Funds from mobile deposits are generally made available no later than the second Business Day after the day of your deposit, but longer holds may apply.

2. Funds Availability Policy

PURPOSE OF THIS DISCLOSURE. Our general policy is to allow you to withdraw funds deposited in a transaction account on the first Business Day after the day of deposit. Funds from electronic direct deposits will be available on the day we receive the deposit. In some cases, we may delay your ability to withdraw funds beyond the first Business Day after the day of deposit. Our complete policy is summarized below.

For purposes of this disclosure, the terms "you"/"your" refer to the customer and the terms "our"/"we"/"us" refer to Evergreen Bank Group.

Generally, transaction accounts are accounts which would permit an unlimited number of payments by check to third persons, and also an unlimited number of telephonic and preauthorized transfers to third persons or other accounts you may have with us.

DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. The length of the delay varies depending on the type of deposit and is explained below. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. The term "Business Day" means any day other than a Saturday, Sunday or federally declared legal holiday, and the term "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions.

If you make a deposit before the close of business on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day that we are not open, we will consider the deposit made on the next Business Day we are open.

AVAILABILITY SCHEDULE

Same Day Availability. Funds from deposits of:

electronic direct deposits
cash*
wire transfers

will be available on the day of deposit.

Next Day Availability. Funds from deposits of:

U.S. Treasury checks**
U.S. Postal Service money orders**
Federal Reserve Bank or Federal Home Loan Bank checks**
State or Local Government checks**
Cashier's, Certified, or Teller's checks**
checks drawn on us

will be available on the first Business Day after the day of deposit.

Other Check Deposits. Funds from all other check deposits will be available on the first Business Day after the day of your deposit.

* Cash Deposits. If the cash deposits are made in person to an employee of Evergreen Bank Group, then the funds will be made available on the day we receive your deposit. If they are not made in person to an employee, then the funds will be made available no later than the next Business Day after the day of your deposit.

** Check Deposits. Check deposits include U.S. Treasury checks; U.S. Postal Service money orders; Federal Reserve Bank or Federal Home Loan Bank checks; State or Local Government checks; and Cashier's, Certified, or Teller's checks. In order for these check deposits to be made available according to the funds availability schedule above, the following conditions are required:

U.S. Treasury Checks. These checks must be made payable to you and deposited into your account.

U.S. Postal Service Money Orders; Federal Reserve Bank or Federal Home Loan Bank Checks; State or Local Government Checks; or Cashier's, Certified, or Teller's Checks. These checks must be made payable to you, made in person to one of our employees, and deposited into your account.

If any of these conditions are not satisfied, then the funds from these check deposits will be made available no later than the second Business Day after the day of your deposit.

LONGER DELAYS MAY APPLY. Funds you deposit by check may be delayed for a longer period under the following circumstances:

if we believe a check you deposit will not be paid;
if you deposit checks totaling more than $6,725 on any one day;
if you redeposit a check that has been returned unpaid;
if you have overdrawn your account repeatedly in the last six months; or
if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the second Business Day after the day of your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

HOLDS ON OTHER FUNDS FOR CHECK CASHING. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.

HOLDS ON OTHER FUNDS IN ANOTHER ACCOUNT. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

SPECIAL RULES FOR NEW ACCOUNTS. If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $6,725 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first Business Day after the day of deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $6,725 will be available on the Ninth Business Day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $6,725 will not be available until the second Business Day after the day of deposit.

Other Check Deposits. Funds from all other check deposits will be available on the Ninth Business Day after the day of deposit.

FOREIGN CHECKS. Checks drawn on financial institutions outside of the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which they are drawn.

ADDITIONAL DEPOSIT INFORMATION. Deposits made at a night drop location or night depository will be retrieved and verified by us once at the beginning of each Business Day. Therefore, if you use a night drop during the day that deposit will not be considered received by us until the next Business Day when we retrieve it and process it. Deposits made through the mail are deemed received when they arrive at our operations center and are opened and processed.

3. Substitute Check Policy

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

Substitute Checks and Your Rights

WHAT IS A SUBSTITUTE CHECK? To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

WHAT ARE MY RIGHTS REGARDING SUBSTITUTE CHECKS? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

HOW DO I MAKE A CLAIM FOR A REFUND? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by:

Phone at: (888) 505-2265 or

Mail at: Evergreen Bank Group, 1515 W 22nd Street, Suite 100W Oak Brook, IL 60523

You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
An estimate of the amount of your loss;
An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
A copy of the substitute check and/or the following information to help us identify the substitute check such as the check number, the name of the person to whom you wrote the check, the amount of the check. Date check was written.

4.1 Online Banking Terms & Conditions (PART ONE)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AT ALL TIMES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS PAGES.

INTRODUCTION

This Agreement governs your use of the Evergreen Bank Group Online Banking and its ancillary services, (collectively and as further defined below, the "Services"). Use of the Services is expressly conditioned on your acceptance of this Agreement, and when you use, or permit Authorized Persons to use the Services, you agree to be bound by the terms of this Agreement. By using the Services, you acknowledge that you have read, understand, and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.

This Agreement governs your use of any information, content, products, services, transactions, and other features available on or through the Evergreen Bank Group Web site (the "Online Banking Site"), and all such Terms and Conditions apply to your use of the Services on the Online Banking Site.

Any agreements, rules, or other terms governing any accounts that you may view, modify, or otherwise access while using Online Banking (such as your account agreement) will apply to your use of Online Banking. Additionally, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post on the Online Banking Site, or otherwise provide or make available to you.

Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to, and/or required to agree to separate user agreements, customer agreements or similar agreements governing or relating to such features, products, or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, "Additional Agreements") are hereby incorporated by reference into this Agreement. Additional Agreements shall include, without limitation, agreements, rules or other terms governing any checking, savings or other deposit accounts, loan, line of credit and credit card accounts, investment accounts and any other accounts that you may view, modify, or otherwise access while using the Services; fee schedules; our electronic funds transfer agreement and disclosures; our Online Bill Payment Authorization and Agreement; and your signature card.

If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to online banking and online bill payment services, this Agreement controls; provided, that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Evergreen Bank Group in an Additional Agreement.

This Agreement shall apply regardless of the means by which the Services are accessed, including, but not limited to, through the URL address http://www.evergreenbankgroup.com, electronic mail, or links from another website via a computer, mobile device, or any other means of access.

DEFINITIONS

Unless otherwise stated, the following definitions apply throughout this Agreement:

“Bank", "we", "us" or "our" mean, collectively, Evergreen Bank Group (including, without limitation, its divisions FreedomRoad Financial, and Performance Finance), its subsidiaries and affiliates and all their respective successors, assigns, agents, and/or authorized representatives. However, with respect to a specific account to which the Online Banking Site provides you access, "Evergreen Bank Group", "we", "us" or "our" shall be understood to refer to the division of Evergreen Bank Group that offers such account. Please consult your account agreement(s) for information about the Evergreen Bank Group company servicing your individual account(s).

"You" or "your" mean each Authorized Person (as defined below) who has an interest in an account with Evergreen Bank Group which is accessible through the Services or through the Online Banking Site, each person who signed the application or other binding documentation for the account with the Bank (each, a "joint accountholder"), or any person that is authorized to use the account in any way (each, an "Authorized User").

"Account" and "accounts" mean the checking, savings or other deposit account(s), loan account(s) and other account(s) that are tied to your Social Security number, Tax Identification Number or other unique identifier provided to you by the Bank and that are used through the Services, and any other account that you may add to your online banking profile (as further set forth below).

"Authorized Person" means, with respect to an individual account, each person who has an interest in or authority to transact business in such account and, with respect to an entity account, each person listed as an authorized signor on the signature card for such account or otherwise authorized to transact any business with respect to such account.

"Bank Accounts" mean any account that you are an account holder (including joint) on that is an Evergreen Bank Group checking, savings, money market, certificate of deposit, personal loan or line of credit. These accounts will be automatically linked to your Online Banking profile.

"Biller" is the person or entity to which you wish a bill payment to be directed, also referred to as a Payee.

"Business" means the corporation, company, partnership, association, or other business which employs a user (or with which an Authorized User is otherwise associated).

"Business Account" means any account that is not a Personal Account.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Computer" means your computer, computer system, mobile device, or any other method used to access an Evergreen Bank Group Site and all related equipment and software.

"Due Date" is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late date or grace period.

"External Transfers" mean monetary transfers between your accounts held at Evergreen Bank Group and an external financial institution.

“Funds Transfers” mean all Internal Transfers and External Transfers.

"Internal Transfers" mean monetary transfers between your accounts held at the Bank.

“Online Banking” refers to the online platform that allows you to perform the Services.

"Online Bill Pay" refers to the services we provide through our online bill payment service, as described in this Agreement.

“Online Bill Payment Account” is the Evergreen Bank Group deposit account from which payments are made through Online Bill Pay.

"Payee" is the person or entity to which you wish a bill payment to be directed, also referred to as a Biller.

"Payment Account" means any account designated by you from which payments will be made through the bill payment features of the Services.

"Personal Account" means any asset account established by a natural person primarily for personal, family, or household purposes.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the Scheduled Payment Date will be considered to be the previous Business Day.

"Scheduled Payment" is a payment that has been scheduled through the Services but has not been processed.

"Servicer" means iPay, the Online Bill Pay interface between you and us.

Description of Services

The "Services" means all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used (as applicable) on or through the Online Banking Site, including, but not limited to, the ability to (a) transfer funds between certain accounts; (b) make bill payments through our Online Bill Pay service and schedule other payments to certain of your accounts; (c) obtain account balance and certain other account information for various Evergreen Bank Group accounts that you may have (including, without limitation, checking, savings or other deposit accounts, and loan accounts); (d) obtain transaction information on certain of your accounts; (e) download certain account transactions to your Computer; (f) update your address; (g) view online statements and tax forms; (h) view online check images; and/or (i) re-order checks for checking account(s) established at a banking office of Evergreen Bank Group. These features are limited to the extent, and subject to the terms, noted herein and in any Additional Agreements that apply to you. The Services shall also be deemed to include any portion of the Online Banking Site and any software used to operate the Services. Subject to all terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described below.

Certain features, information, types of transactions or other services available while using the Services are only available for certain Evergreen Bank Group accounts and may not be available when accessing the Services via mobile device or for all of your Evergreen Bank Group accounts.

Security, Confidentiality of Access Information

Use of the Services requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider and with a Web browser (for example, Firefox, Chrome, or Microsoft Internet Explorer).

To protect the confidentiality and security of your financial information, you must connect to the Online Banking Site using an Internet browser that supports TLS encrypted communications. We may change these requirements from time to time.

You agree to keep your Online ID, user name, password, and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.

If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your Online ID without your consent, your accounts have been accessed, or someone has transferred money from your account(s) without your permission), you must notify us immediately. (See YOUR RESPONSIBILITIES AND LIABILITIES below.)

We reserve the right to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, to maintain or restore security or performance to the Online Banking Site or any other Evergreen Bank Group Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s). We may try to notify you in advance, but cannot guarantee we will do so.

Enrollment in Services; Accounts Which Can Be Accessed

To enroll in Online Banking, you will need your Social Security or Tax Identification Number and account number, unless otherwise expressly agreed by Evergreen Bank Group (provided Evergreen Bank Group shall have no obligation to so agree). If you do not have such a number and are interested in enrolling in the Services, you must contact Online Banking Customer Service at (888) 505-2265.

You must also have opened at least one of the following accounts under your Online ID: a checking, savings, money market, CD, IRA or other deposit account, or an installment loan, line of credit or other loan account, offered by Evergreen Bank Group, (such accounts may be referred to as "eligible accounts"). The use of Online Bill Pay requires at least one eligible checking account with Evergreen Bank Group.

If you have more than one eligible Evergreen Bank Group account, we will automatically "link" your eligible accounts together for purposes of the Services, and all such accounts will appear in your online banking profile on the Online Banking Site. Any accounts for which you are an Authorized Person (including, without limitation, joint accounts for which you are one of multiple Authorized Persons) will appear in your online banking profile.

All "linked" Bank Accounts (whether linked automatically or separately by you) will appear in your online banking profile on the Online Banking Site, and you will be able to view at least certain summary information for all such accounts. As set forth above, certain features, information, types of transactions or other services available while using the Services may not be available for all of your linked accounts. If you have a linked joint account or other account that requires two or more signatures to make withdrawals, transfers or transactions, you will not be able to perform certain transactions on such account using the Services.

If you share your log in credentials with a third party, even a third party with whom you share an account, they will have access to view all of your linked accounts, even individual accounts that are not shared with you. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.

Electronic Communications

You agree that all electronic communications that we receive on the Online Banking Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications and shall be considered a "writing" or "in writing." They also shall be deemed to have been "signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business.

You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are required to be in writing or signed by the party to be bound thereby, and such copies shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.

You agree (to the maximum extent permitted by law) to hold harmless Evergreen Bank Group and protect and indemnify Evergreen Bank Group from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Evergreen Bank Group pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.

You agree to receive all transactional email communications from Evergreen Bank Group that are primarily related to your use of the Services or to your account(s), including automatic security alerts (discussed below). You consent to any inadvertent disclosures that may occur as a result of Evergreen Bank Group sending account communications to the email address you provide.

Because email is not a secure method of communication over the Internet, we recommend you do NOT use email to send confidential or personal information or initiate transactions on your account(s). We also recommend that you do not send confidential or personal information to us in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you. We recommend that for account transactions or confidential questions you use the appropriate functions available through Online Banking or notify us as specified on our Contact Us page.

Security Alerts and Optional Communications (including Text Messages)

Online Banking offers both security alerts and optional alerts and communications about your account and account transactions. Security alerts are provided to you for fraud protection and when certain important changes to your account occur, such as the addition of a new biller, password and user name updates, or changes in your physical or primary email address. These alerts are sent automatically by email to your primary email address and by text message to your mobile device number, if you have provided one.

You expressly agree to receive security alerts from us by prerecorded voice message and/or text message, including with the use of an automatic dialer (autodialer), at any mobile device number you provide to us. You may discontinue security alerts sent by text message as indicated below, but you will continue to receive security alerts by email.

In addition to security alerts, you have the option of receiving additional alerts or communications regarding other Online Banking and account activity, delivered by email, text message or voice (together, "Optional Communications"). You may be asked to select from contact options when you sign up for the Optional Communications. By signing up to receive any Optional Communications, you consent to delivery of such messages in the format selected (such as text message or prerecorded voice) to the contact points you identify. If you provide us with a mobile device number for Optional Communications, you expressly agree to receive prerecorded messages and/or text messages at that number from us, including with the use of an autodialer.

Both security alerts and Optional Communications are subject to the following:

You are responsible for notifying us of any changes to your email, mobile device, and telephone contacts to which communications are sent. Please sign in to Online Banking to modify or cancel your User Profile.

Your full account number will not be included in these types of communication from us. However, communications may contain our name and information about your accounts. Depending upon the communication, information pertaining to account balances, checks written, insufficient funds, transactions or payment due dates may be included. Anyone with access to your email, mobile device(s), or telephone or telephone answering machine(s) or service(s) may be able to access the contents of the communication. It is your responsibility to secure these devices, protect your user name(s) and password(s), and provide timely information about contact changes in order to protect the confidentiality of this information. You consent to any disclosures by Evergreen Bank Group that may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.

We endeavor to provide communications in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any communication. Communications may not reflect pending transactions or payments, and deposits may not be available for immediate withdrawal. Additionally, communications may not be delivered immediately. If you require additional details about a transaction, you may sign in to Online Banking or contact us as specified on our Contact Us page.

You agree that neither we nor our service providers will be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication.

In order to receive security alerts or Optional Communications via text message, your mobile device must be subscribed to a wireless service on a participating mobile carrier, and you must be able to receive text messages using your mobile device and your carrier’s service.

Funds Transfers for Bank Accounts

This section applies only in connection with your use of the Services to access your Bank Account.

General

Your ability to transfer funds from certain accounts is limited by federal law. You should refer to the deposit account agreement which governs your deposit account, a copy of which is available by calling Customer Service at (888) 505-2265 for these legal restrictions and the service charges and penalties for excessive withdrawals or transfers. Transfers made using the Services are included in calculating the permissible number of transfers from certain accounts described in your deposit account agreement.

We reserve the right to impose a frequency or dollar limit on transfers, or to refuse to make any transfer, between certain accounts. We are obligated to notify you promptly if we decide to refuse to complete your transfer instruction; provided, however, that notification is not required if you attempt to make transfers that are prohibited under this Agreement, any Additional Agreement, other Evergreen Bank Group agreements affecting the terms of your account(s), or federal or state laws.

Except as provided in this Agreement, all Internal Transfer instructions received before 10:00 p.m. Central Standard Time will be posted to your account the same Business Day. All Internal Transfer instructions received on or after 11:59 p.m. Central Standard Time will be posted the next Business Day.

External Funds Transfers

The External Funds Transfer (“B2B or “Bank-to-Bank”) service allows you to transfer funds between your linked personal deposit accounts at Evergreen Bank Group and certain deposit or investment accounts (checking, savings, or money market accounts) at other financial institutions. An “Inbound Transfer” moves funds into an account at Evergreen Bank Group from an account outside Evergreen Bank Group. An “Outbound Transfer” moves funds from an account at Evergreen Bank Group to an account outside Evergreen Bank Group. You will need to register each of your non-Evergreen Bank Group accounts that you wish to use for these transfers. You agree that you will only attempt to register accounts for which you have the authority to transfer funds. Evergreen Bank Group will post Inbound Transfers to your account as a pending transaction on the “Transfer On” date. For Outbound Transfers, your funds will be debited on the "Transfer On" date and arrive at your external financial institution on the next Business Day. Consult your external financial institution for details on when funds will post to your account.

For transfers into an Evergreen Bank Group Bank deposit account, the funds may not be available until the third Business Day after the "Transfer On" date.

Cut-off Time: 5:00 p.m. CST

Any transfer made after the cut-off time will be initiated the next Business Day.

Modifying or Cancelling Transfers: Please contact the Bank prior to 5:00 p.m. CST to modify or cancel a transaction.

Transfer Fees: There is no fee to initiate Inbound Transfers or Outbound Transfers. We may change our fee schedule at any time. If we make a change, you will be notified in writing as required by applicable law. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service.

Transfer Limits: Transfer limits are defined at enrollment to the Service. These daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a Business Day counts toward the applicable limit for the next Business Day. We may change your transfer limits at any time. Any decrease will be subject to notice, if required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event.

Disqualifying Events:

• Any of your accounts with Evergreen Bank Group are not current or are not in good standing.

• You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Evergreen Bank Group account during the current or three prior calendar months.

• You have had any prior transfer to or from a non-Evergreen Bank Group account canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.

Status Email: Evergreen Bank Group will periodically send messages to your primary email address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Primary email address is defined in Online Banking and you are responsible for updating the address should it change. Email messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.

Choice of Law

We may accept, on your behalf, payments to your account that are not subject to the Electronic Funds Transfer Act (“EFTA”) and Regulation E. Your rights and obligations with respect to such transfers shall be governed and construed in accordance with Office of the Comptroller of the Currency Regulation J, Subpart B-Funds Transfers through Fedwire, and the applicable Office of the Comptroller of the Currency Operating Circular. Electronic transfers sent or received via automated clearing house are subject to the rules of the National Automated Clearing House Association ("NACHA") and Regulation E. Where none of the above stated rules apply, the transactions contemplated by this Agreement shall be governed by the applicable provisions of this Agreement.

Our Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable: (a) if, through no fault of ours, you do not have enough money in your Account to make the transfer; (b) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or (c) for any other reason stated elsewhere in this Agreement. If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the account from which the funds transfer should have occurred. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys' fees.

Payments

Online payments include (a) payments made through the Services for which the Payment Account is an Evergreen Bank Group account ("Outgoing Payments"), including, without limitation, any payment that you schedule through our Online Bill Pay service, (b) payments to certain Evergreen Bank Group accounts ("Incoming Payments"), and (c) payments made in the form of Funds Transfers to eligible loan or line of credit accounts (which are covered by the "Funds Transfers" section above and any other provisions governing Funds Transfers in this Agreement).

Online Bill Pay payments and any other bill payments permitted by the Services will be debited from your designated Payment Account. Evergreen Bank Group's receipt of your bill payment instructions authorizes us to debit (or if the Payment Account is with another financial institution, request that such institution debit) your Payment Account, and to remit (or request that such financial institution remit) funds on your behalf. We will perform the Service in such a manner as to allow funds to arrive at the designated Biller's location as near as reasonably possible to the Payment date designated by you. You also authorize us to credit your Online Bill Payment Account for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.

With respect to Outgoing Payments, if at the time funds are to be removed from your Payment Account, there are insufficient funds, and we pay the bill, you understand and agree that you are responsible for reimbursing Evergreen Bank Group for the amount of the bill, along with any additional fees or penalties. The dollar amount of these fees or penalties is published in the Evergreen Bank Group Fee Schedule, available at any Evergreen Bank Group banking office, via an email request or by calling Customer Service at (888) 505-2265. You further understand that any and all payments by Evergreen Bank Group in these circumstances are purely at our discretion and that the payment by Evergreen Bank Group of any bills under these circumstances in no way obligate us to pay the same or similar bills in the future.

You should keep your Payment Accounts open and active. Should your bill pay eligible checking accounts close, your Online Bill Pay services will end and any unprocessed Outgoing Payment transactions will be cancelled. Cancellation of your Online Bill Payment transactions may take up to five (5) Business Days from the processing date of a payment scheduled from your closed checking account. If you close your Payment Account, any Incoming Payments will not be processed. Outgoing Payments scheduled through Online Bill Payment from the closed Payment Account may be processed, depending on proximity to the Payment date.

With respect to Incoming Payments for which your Payment Account is not an Evergreen Bank Group account, additional terms and conditions established by the financial institution with which you have such Payment Account may apply to such Incoming Payments.

With respect to all Outgoing Payments and Incoming Payments that you may schedule through the Services: You understand and agree that it is your responsibility, in accordance with all terms hereof, to authorize bill payments in such a manner that the bills will be paid on time and that the Biller will receive your payment no later than the Due Date on the statement provided to you by the Biller. You understand and agree that we reserve the right to impose a frequency or dollar limit on payment requests or to refuse to make any payment you have requested. You understand we will notify you promptly if we decide to refuse to complete any payment instruction; provided, however, that notification is not required if you attempt to make payments that are prohibited under the “Prohibited Payments” section of this Agreement.

Online Bill Payment for Bank Accounts

General Authorization

You authorize us to process the transactions permitted under this Agreement for you as requested by you from time to time, and you authorize us to post transactions to your account(s) as directed. You may request a payment be delivered one time, or on an automatic recurring basis in such manner as you direct. We reserve the right to refuse payment to any Biller to which you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller designated by you. The notification is not required, however, if you attempt to make a payment under the section(s) titled "Prohibited Payments" of this Agreement. You authorize us to debit your account(s) for any and all fees for the additional services (as described below) you have chosen to utilize.

Withdrawal of Funds for Bill Payment and Payment of Fees

You have the option of selecting from which one of your deposit accounts the Service will withdraw funds for bill payments. We may assess fees, for which you shall be liable, in the event we provide to you, upon your request, any one or more of the following additional services, or other additional services for which fees are charged:

•Provision of copies of checks which have cleared your account and have been paid

•Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account

•Manually issuing a check upon your special request

Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. You understand the dollar amount of these fees is published in the Evergreen Bank Group Fee Schedule available at any Evergreen Bank Group banking office, via an email request, or by calling Customer Service at (888) 505-2265.

Payment Authorization and Payment Remittance

By providing us with names and account information of Billers to whom you wish to direct payments, you authorize us to follow your payment instructions. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with instructions we receive from your designated Billers.

Our receipt of your bill payment instructions authorizes us to debit your Online Bill Payment Account and to remit funds on your behalf to the designated Biller. We will perform the Service in such a manner as to allow funds to arrive at the designated Biller's location as near as reasonably possible to the Payment date designated by you. You also authorize us to credit your Online Bill Payment Account for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.

We shall use reasonable efforts to properly and timely make all your payments. However, you agree that we shall incur no liability, and any Service Guarantee shall be void, if we are unable to complete any payments initiated by you because of the existence of any one or more of the circumstances set forth in the section titled "Our Responsibility for Payments and Funds Transfers" of this Agreement.

Please see the section of this Agreement titled “IN CASE OF ERRORS OR QUESTIONS ABOUT PAYMENTS, TRANSFERS OR OTHER TRANSACTIONS MADE THROUGH THE SERVICES” for information regarding questions or errors about funds transfers or bill payments made through the Services.

If a payment posts after its Payment date because the Biller(s) failed to credit your payment promptly after receipt, but you scheduled the payment in accordance with this Agreement and none of the other exceptions set forth in the section titled "Our Responsibility for Payments and Funds Transfers" of this Agreement, we will assist you and your Biller(s) in attempting to resolve any delayed payment issues.

Payment Scheduling

You understand and agree that it is your responsibility to authorize bill payments in such a manner that the bills will be paid on time and that the Biller will receive your payment no later than the Due Date on the statement provided to you by the Biller. You understand and agree that you must select a Payment date that is a date absolutely no later than the Due Date posted on the statement given to you by the Biller. If the Due Date falls on a day which is not a Business Day, you further understand and agree that your Payment date must be at least one (1) Business Day before the Due Date. You understand that Payment dates must be dates prior to any "Late Date" and/or "Grace Period" provided on the statement given to you by the Biller.

The Service will default to the earliest Payment date for each Biller. Depending on the Biller, your payment may be scheduled with a Due Date of the next Business Day or it may be scheduled with a Due Date between two (2) and four (4) Business Days from the date that you set up the payment.

You understand that we begin processing bill payment instructions either same day or between one (1) and three (3) Business Days prior to the Payment date, depending on the particular payment. Once the Service has begun processing a payment you will no longer have the option to cancel or modify payment instructions.

Bill payments scheduled prior to 2:00 p.m. CST on a Business Day will be processed on the same Business Day. Bill payment requests initiated after 2:00 p.m. CST will be processed the following Business Day. Recurring payments that occur on a weekend or Federal Holiday will be scheduled for the last Business Day prior to the weekend or Federal Holiday.

Electronic Bills (eBills)

The Service’s eBills feature enables you to receive electronic bills from participating Billers.

A separate registration is required for each participating Biller. Participating Billers establish their own criteria for reviewing requests to receive eBills and have sole discretion to accept or decline your request.

You understand that as part of your registration in eBills, your Biller will require certain login information pertaining to you or your account with the Biller. Evergreen Bank Group will forward your login information to your Biller so that your identity can be authenticated and your payment information can be displayed in your online Evergreen Bank Group eBill account. If you have questions about the use or security of your information, please read Evergreen Bank Group's Privacy Notice posted at www.evergreenbankgroup.com. If you have questions around how the Biller collects or uses personal information, please contact your Biller directly. In some cases, eBill data is retrieved from direct feeds from the Biller to our Bill Pay Service provider. In other cases, we may obtain the eBill from the website of the Biller. In these cases, we may ask you to provide any required information to access the Biller's web site, such as your user name and/or password. You understand and agree that this information will be saved and encrypted in order to continue to retrieve your billing information for each billing cycle. You further understand that by providing this information, you authorize us to access the third party website to retrieve the account information on your behalf.

You understand that the eBill service is dependent upon delivery of your billing information from your Biller. You agree to hold Evergreen Bank Group harmless should the Biller fail to deliver your eBill statement(s). You are responsible for ensuring timely payments of all bills. If you do not receive a bill, it is your responsibility to contact the Biller directly.

The Bank is not responsible for the accuracy of your eBill(s). The Bank is only responsible for presenting the information we receive from the Biller. Any questions or disputes regarding the accuracy of your bill details must be directed to the Biller.

You may schedule one-time, recurring or automatic payments to your eBill enabled Billers. An automatic payment is different than a recurring payment in that the amount of your payment may change from billing cycle to billing cycle.

You may cancel electronic bill presentment at any time. The timeframe for cancellation of eBills may vary from Biller to Biller. It may take up to five (5) Business Days to process your eBill cancellation request. The Biller also reserves the right to cancel the presentment of eBills at any time.

Payment Methods

You understand that we reserve the right to select the method by which to remit funds to your designated Biller(s). The date your Online Bill Payment Account will be debited will vary depending on the payment method. These payment methods may include, but may not be limited to:

•An electronic payment: These payments will be electronically debited from your Online Bill Payment Account on the Payment date, unless the Payment date falls on a non-Business Day in which case funds will be debited on the previous Business Day, and will be electronically forwarded to your Biller(s).

•A laser draft payment: These payments will be forwarded to your Biller(s) via draft drawn on your Online Bill Payment Account to be sent on the Payment date. The funds will be debited from your Online Bill Payment Account once your Biller receives and processes the draft. Your designated Biller may receive a payment via paper check.

Payment Cancellation

You may cancel or edit any Scheduled Online Bill Payment (including recurring payments) and will not incur a charge for canceling or editing a Scheduled Payment prior to being processed by us. You understand and agree that once we have begun processing a payment it cannot be cancelled or edited. In such circumstances, you must submit a “stop-payment” request to us.

Stop Payment Requests

You understand our ability to process a stop-payment request will depend on the payment method and whether or not a payment has cleared your Online Bill Payment Account. You understand we may not have a reasonable opportunity within which to act on any stop-payment request after we have already processed a payment. If you desire to stop any payment that has already been processed but has not yet cleared your Online Bill Payment Account, you must contact Evergreen Bank Group Customer Service by calling (888) 505-2265. You understand and agree that we will have no liability for failing to accommodate a stop-payment request. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop-payment request will be the current charge for such service as stated in our Fee Schedule.

Returned Payments

You understand that Billers, payment processors or the United States Postal Service may return bill payments to the Bank for various reasons. These reasons can include, but are not limited to, the following:

•the Biller’s forwarding address has expired;

•the Biller’s account number is not valid;

•the Biller is unable to locate the account; or

•Your account with the Biller is paid in full.

The Bank will use its best efforts to notify you of any Returned Payments. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, by a method of our choosing and at our sole discretion, provide you with notice.

Prohibited Payments

We cannot schedule Bill Payments to Billers located outside the United States or any of its territories or payments otherwise prohibited by law.

Exception Payments

You understand and agree that the following payments may be scheduled through the Service but that such payments are discouraged and must be scheduled at your own risk:

•Court-ordered payments (such as, but not limited to, child support payments or traffic tickets)

•Tax payments and other governmental fees

•Payments to settle securities purchases

•Transactions authorizing transfers to interest bearing or deposit accounts at a financial institution

In no event shall we be liable for any claims or damages resulting from your requesting and scheduling these types of payments. We have no obligation to research or resolve any claim resulting from your scheduling one of these types of payments. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility.

Electronic Communications Disclosure

Please read this Electronic Communications Disclosure ("eCommunications Disclosure") thoroughly—it contains important information about your legal rights.

Your Legal Rights

Certain laws require us to provide specific information (“Communications”) to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this eCommunications Disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. Since Online Banking and other Evergreen Bank Group websites include some of this information, you may consent to this eCommunications Disclosure as part of these services.

At times, we may still present you with paper disclosures or other documents that contain important information about your account, and you should continue to review any correspondence that we mail to you, but as a basic proposition we need to know that you are willing to receive disclosures and other information electronically that otherwise must be provided on paper and that you have the hardware and software needed for access to this information. Any communications that Evergreen Bank Group determines, in its sole discretion, that you should receive in paper rather than electronic form will be mailed to the primary address we show for you in our records or otherwise delivered as required by law or any Additional Agreement.

By consenting to this eCommunications Disclosure, you agree that you have or have access to equipment that meets the hardware and software requirements described below to enable you to sign in and use Online Banking and to access and retain your statements, documents, and disclosures electronically. If, in the future, you no longer have or have access to equipment that meets our hardware and software requirements, please contact us at (888) 505-2265 to unenroll from receiving electronic communications. We reserve the right to cancel your participation in this program at any time.

4.2 Online Banking Terms & Conditions (PART TWO)

Setting Your Preferences

For certain accounts, we have created options that allow you to choose to receive electronically the types of communications that work best for your particular needs. There are two categories of communications that you may be able to receive by electronic means—periodic statements ("Statements") and other disclosures and notices that we may provide as part of your online banking experience at Evergreen Bank Group as described in more detail below ("Other Communications").

Depending on your account, you may be able to set your preferences to receive either or both of these types of Communications electronically. Sign in to Online Banking to see which Communications you may be able to receive electronically. If you decide to receive some Communications in paper and some electronically, the Communications that you receive electronically will be governed by this eCommunications Disclosure. When you use Online Banking to enroll an eligible account for electronic receipt of Statements or Other Communications you will be required to input your email address.

If your Account is closed, you may lose access to the Services, including the ability to access any Communications we have provided in electronic form. Accordingly, if your Account is closed, we may send Communications to you in paper form via U.S. mail, even if you previously elected to receive such materials electronically.

Paperless Statements

You may elect to receive your Statements electronically rather than in paper. Such electronic Statements may contain other related electronic disclosures such as our annual privacy notice and notices of changes in terms regarding products and services, which are otherwise required to be provided in paper form by either the Electronic Fund Transfer Act or the Truth in Lending Act, depending on the product that you have. Your online Statements will be available to review at intervals in accordance with your existing statement cycle date. While enrolled, your online Statement will be available for 18 months.

Other Communications

If you elect to receive Other Communications electronically rather than in paper form, the Other Communications may be made available through Online Banking or other Evergreen Bank Group websites. These Other Communications may include agreements, disclosures, notices, and other information and communications regarding your accounts, services and products, the use of any the Services, any other Evergreen Bank Group Web services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you. Other Communications may also include, but are not limited to:

This eCommunications Disclosure and any updates.
This Agreement, other service or user agreements for online access to Evergreen Bank Group websites, all updates to these agreements and all disclosures, notices and other communications regarding Online Banking and transactions you make within Online Banking or through other Evergreen Bank Group websites.
Disclosures, agreements, notices, and other information related to the opening or initiation of an account, product, or service including, but not limited to, account agreements, fee schedules, or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations.
Important disclosures and notices relating to the maintenance or operation of an account, product, or service including, but not limited to account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act, or other applicable federal or state laws and regulations.
Any notice or disclosure regarding an account, product, or service fee, including, but not limited to, late fees, and over limit fees.
Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to accounts, products or services you obtain from us that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations.
Our Privacy Notice and other privacy statements or notices (by posting such notices on our website).
Certain tax statements or notices that we are legally required to provide to you, such as 1099 forms.
Certain information or forms that we request from you and ask you to submit electronically, such as signature cards, W-9s, or other agreements.

Hardware and Software Requirements

To access and retain the information subject to this consent, you must have or have access to equipment that meets the hardware and software requirements:

A personal computer or other device that is capable of accessing the Internet
An Internet web browser capable of supporting TLS encrypted communications. We support the latest version of Microsoft Edge, Google Chrome, Firefox and Safari. The current and major releases of these browsers will be supported on a rolling basis. The immediate prior versions of these browsers will only be supported if they are still supported by the browser company themselves. When a new version is announced as Release to Web (RTW), support will cease on the third-oldest major version. Please note that utilizing older browsers may result in disabled functionality or limited access to services. “Beta” versions of any browser are not supported.
Email access with at least 1MB of free space
Statements and certain Other Communications are available in PDF format only. You will need a program that accurately reads and displays PDF files (such as Adobe® Reader®). If you do not have Adobe® Reader® you can download it at no charge from the following link:

https://get.adobe.com

Note that by clicking the link, you will be taken to a third-party site not managed by Evergreen Bank Group. As a result, different security or privacy practices may apply. We do not endorse, recommend or guarantee any products or services contained at the linked page.)

If you’re unsure whether your computer or web browser meets our suggested system requirements, please call us at (888) 505-2265.

To print Statements or Other Communications you must have a printer connected to your computer. To download Statements or Other Communications, if available, you must have sufficient hard-drive space to store the relevant materials.

How to Withdraw Your Consent

You can withdraw your consent to receiving your statement electronically, with no cost to you, by phone. To do so, call Customer Care at (888) 505-2265 or email [email protected]. Your withdrawal of consent is effective only after you have communicated your withdrawal to Evergreen Bank Group by calling the appropriate customer service phone numbers and Evergreen Bank Group has had a reasonable period of time to act upon your withdrawal. Such withdrawal of consent will only apply to those communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic format all other communications. Your consent shall remain in force until withdrawn in the manner provided in this section.

Consent Coverage; Certain Notices from You Are Not Covered

You may be required, by contract or applicable law, to give us notice in writing. Your consent here does not relate to those notices, and you must still provide them to us on paper.

Additionally, this eCommunications Disclosure does not apply to the following:

•Any notice of default, acceleration, repossession, foreclosure, or eviction, or the right to cure or reinstate or redeem under a credit agreement secured by your primary residence.

•Any transactions subject to Uniform Commercial Code, other than sections 1-107 and 1-206 and Articles 2 and 2A.

•Any other communications that Evergreen Bank Group determines, in its sole discretion, that you should receive in paper rather than electronic form, including offers of products and services.

Obtaining Copies of Electronic Communications

We recommend that you print or download a copy of this Agreement, this eCommunications Disclosure, and all other Communications to retain for your permanent records. If you are initiating the Online Banking enrollment process at a banking branch, the banker can provide you with paper copies.

You may print or make a copy of Other Communications by using the "Print" button (or otherwise using your printing functionality) or saving a copy. Do this when you first review the Other Communications, because after submission we do not necessarily keep them all in a place that you can access.

You may also call Customer Service at (888) 505-2265 to request a paper copy of your Statement or Other Communications. Be sure to specify your account, service, or product identification number, as applicable, the specific Other Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Statements or Other Communications.

Updating Your Contact Information

As a courtesy, when your Statement is available online, we will attempt to send an email notification to the address that we have on file. We also may send you an email notification when you have a new Other Communication available for review. Alternatively, we may communicate the Other Communication directly through email. To view or download your Statement or Other Communication, sign into Online Banking.

In the event that your email address or other contact information is changed, you must notify Evergreen Bank Group of such changes immediately through Online Banking. It is your responsibility to update any changes in your email address online, and we are not responsible if you do not receive a courtesy reminder. If you do not receive an email and believe you should have, please verify your email address in Online Banking.

If you fail to update or change an incorrect email address or other contact information, you understand and agree that any Other Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form in Online Banking, or at another Evergreen Bank Group website or emailed to the email address we have for you in our records.

Fees and Charges

For information about fees that may apply in connection with your Bank Account, please consult the Evergreen Bank Group Fee Schedule, available at any Evergreen Bank Group banking office, or by calling Customer Service at (888) 505-2265. In addition to such fees set forth in the Fee Schedule, you shall be subject to all fees, charges, penalties, balance requirements, and other restrictions explained in your account agreements or other Additional Agreements.

Fees are subject to change, and we may impose additional charges, penalties or fees in connection with your use of the Services at any time, subject to the terms here.

You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges and fees from your designated Evergreen Bank Group Payment Account(s) or any other eligible account.

You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

Changes in Services; Interruptions in Service

We may, from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the Services in whole or in part (including, without limitation, the Online Banking Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access to them. We will attempt to provide prior notice of any such material changes (for example, by posting a notice of such changes on the Online Banking Site when you sign in, and/or sending a notice to you at the address shown on our records or sending you a secure message), but cannot guarantee that such notice will be provided.

Whenever reasonably practicable, we will attempt to post or send such notice at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions; provided, that we cannot guarantee that we will provide such notice by such time; and provided further, that we reserve the right to make any such changes effective immediately if necessary to maintain the security of the system or to comply with any laws or regulations. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change.

Changes to the Services may render prior versions of the Services obsolete. Without limiting the foregoing, we reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes. We also reserve the option, in our sole business judgment, to waive, reduce or reverse charges or fees in individual situations.

The Service is generally available for your use 7 days a week, 24 hours a day. However, we may from time to time perform maintenance to the Services or experience hardware, software, or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays, or errors but cannot guarantee that such notice will be provided.

Our Responsibility for Payments and Funds Transfers

By using any payment or funds transfer service available through the Services, you warrant that you are an authorized signer on the account from which the funds are being drawn to make the payment or transfer. We, or a third party acting as our agent, will use reasonable efforts to timely and properly complete funds transfers and bill payments from your designated checking, savings or other deposit account(s) or from your line of credit account(s) (as applicable) according to your properly entered and transmitted instructions. However, neither a third-party service provider nor we will be liable in any way for any failure or delay in completing any such transaction (whether an Outgoing Payment, Incoming Payment or funds transfer, as applicable):

•If, through no fault of our own or of our agent, you do not have adequate money in a designated checking, savings, or other deposit account to complete a transaction from that account, if that account has been closed, or if the transaction would exceed the credit limit on any applicable overdraft line of credit.

•If our payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute your bill payment instructions.

•If you have not properly followed instructions on how to make a funds transfer.

•If you do not provide Evergreen Bank Group with complete, correct and current Payment Account or Biller information, or if you otherwise do not give complete, correct and current instructions so that a funds transfer or bill payment can be made.

•If you do not authorize a bill payment or transfer soon enough for your payment to be made and properly credited by the Biller by the Due Date.

•If a timely bill payment is made but the Biller nevertheless does not credit your payment promptly after receipt.

•If withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process.

•If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed.

•If your Computer was not working properly such that it interfered with your attempt to authorize a funds transfer or bill payment.

•If circumstances beyond our or our agent's control prevent making a funds transfer or bill payment. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by Billers, fires, floods, and other natural disasters, terrorist acts or war.

•In any other set of circumstances as set forth in your Additional Agreements.

Disclosure of Account Information to Third Parties

You authorize us to disclose to third parties, affiliates, and agents, such as independent auditors, consultants or attorneys, information you have provided or that we, or our affiliates, have obtained about your accounts and the transfers you make on Online Banking for the following reasons:

•To comply with laws, government agency rules or orders, subpoenas, or other legal process or to give information to any government agency or official having legal authority to request such information

•To verify your account's existence and condition for a third party, such as a credit bureau or merchant

•When necessary to complete any type of transfers and any type of bill payments

•To provide services relating to your account or to offer other products and services, in compliance with our Privacy Policy.

•If you give your permission.

For additional information on how we may share your information, please click: https://www.evergreenbankgroup.com/privacy-policy.html

Statement of Record

If you receive paper and electronic statements, any account information provided by the Services is not the statement of record. The periodic statement that is mailed to you will be the statement of record. If you have chosen to stop receiving paper statements, the periodic statement provided to you electronically will be the statement of record. In any case, you are responsible for reviewing any statement and other account communications sent to you by postal mail. Any mailed statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through the Services or whether you have chosen to receive your statement electronically.

Your Responsibilities and Liabilities

It is your sole responsibility to ensure that the contact information in your online banking user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, email addresses, and account numbers. Changes can be made either by calling Customer Service at (888) 505-2265 or via US mail. We are not responsible for any payment processing errors or fees incurred by you if you do not provide accurate account or contact information.

If you close any Payment Account, you must notify us and identify a new Payment Account for the selected Services. Additionally, if you close all your accounts with us, you agree to notify us to cancel your Services.

Unauthorized Transactions

You will be sent periodic statements for your account(s) with the regularity provided for in your account agreement(s). Your role is extremely important in the prevention of any wrongful use of your account(s). You must carefully examine your statement upon receipt.

Tell us AT ONCE if you believe that an unauthorized transaction has been or may be made from your account(s); if you believe another person has improperly obtained your online password(s) or has transferred or may transfer money from your account(s) without authorization; or you suspect fraudulent activity on your account(s).

You can call Customer Service at (888) 505-2265 between the hours of 9:00 a.m. and 5:30PM p.m. CST Monday through Friday, and 9:00 a.m. to 1:00p.m. CST on Saturdays, or write to us at Evergreen Bank Group, 1515 W 22^nd St, Ste 100W, Oak Brook, IL 60523, or log into your account at evergreenbankgroup.com and click on the Contact Us link.

Telephoning us right away will help you reduce possible losses. Without timely notification, you could lose all the money in your designated checking, savings or other deposit accounts plus the maximum amount of credit available from your revolving line of credit account if it is used as overdraft protection.

To the extent a transaction is an electronic fund transfer from a Personal Account, the following rules apply: You can lose no more than $50 in connection with an unauthorized transfer resulting from the loss or theft of your Access Information if you notify us within two Business Days of learning of the loss or theft of your Access Information. However, you can lose as much as $500 in connection with an unauthorized transfer resulting from the loss or theft of your Access Information if you do not notify us within two Business Days of learning of the loss or theft of your Access Information and we can prove that we could have stopped the unauthorized transfer had we been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section may be extended.

You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission.

In Case of Errors or Questions about Payments, Transfers or Other Transactions Made Through the Services

In case of questions or errors about funds transfers or bill payments made through the Services, you must do one of the following:

Call us at (888) 505-2265.

Write to us at:

Evergreen Bank Group

Attn: Electronic Banking

1515 W 22^nd St, Ste 100W

Oak Brook, IL 60523

Or log into your account at www.evergreenbankgroup.com and click on Contact Us.

With respect to any statements you receive from us that reflect transactions you performed while using the Services, if you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than 60 days after we sent the FIRST paper or online statement on which the problem or error appeared.

To report an error you must:

1. Tell us your name and Account number.

2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account. If the error occurred within 30 days after the first deposit to your Account was made, we may take up to 90 days to investigate your complaint or question, and we may take up to 20 Business Days to credit your Account for the amount you think is in error. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

In our investigation of any such bill payment transactions, we will request from the Biller a refund of any interest and/or fees which you may have been wrongly assessed, if we will have no obligation to further pursue such request if the Biller denies such request. You will be notified of the final resolution.

Amendment

We have the right to change this Agreement, including the applicable fees and charges, at any time, which changes may include the addition of new charges or terms. If we make changes, you will be notified as required by applicable law.

Termination

You may continue to access the Services until your access is terminated by you or us. We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason. For your security, if your online access has been terminated, you may be required to re-enroll.

If you close your account, you may no longer be able to access Online Banking or the Services. However, cancellation of your access to Online Banking will not terminate any Accounts you access via Online Banking. Depending on the type of transaction, termination of your access to the Services may result in cancellation of any applicable account transactions you have previously authorized. Accordingly, you should monitor your accounts after termination to confirm whether transactions have been made. Additionally, if you do not want a transaction to take place after your access has terminated, you should cancel the transactions prior to termination.

We reserve the right to terminate your access to the Services if you do not access the Services and there has been no activity on any of your accounts through the Services (such as an automatic bill payment).

This Agreement will be in effect from the date of your enrollment in the Services and at all times while you are using Online Banking or the Services. Termination shall not affect your liability or obligations under this Agreement for any transactions initiated prior to termination.

Data Recording

When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or by our service provider. You consent to such recording or other retention. Without limiting the above, you agree that we may record the conversations our employees or agents have with you or your agents to ensure your instructions are followed and monitor quality of service and accuracy of information our employees and associates give you.

No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Liability for Loss or Erroneous Data

Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your Computer or third-party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer.

Harm to Computer Systems/Data

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your Computer by downloading information, software, or other materials from the Online Banking Site or any other Evergreen Bank Group Site.

Limitations of Liability and Disclaimers

You understand that the use of the Internet and other automated systems to access information and services through this website involves risks. Information sent over the internet may not be secure. You understand and accept the risk that a third party may intercept information in an email you sent to us or in our response email. We are not responsible for errors or negligent use of the services offered by this website, including errors in information submitted through the website, negligent handling or sharing of passwords, system or communication failures, leaving a computer unattended while accessing the website, or transactions that Evergreen Bank Group reasonably believes were requested by you or with your authorization.

EVERGREEN BANK GROUP MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING ONLINE BANKING AND/OR MOBILE BANKING SOFTWARE OR SERVICES OR BROWSER INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW. FURTHERMORE, EVERGREEN BANK GROUP MAKES NO REPRESENTATIONS OR WARRANTIES: (1) WITH REG ARD TO THIRD PARTY SERVICE PROVIDERS’ PRODUCTS OR SERVICES, (2) THAT ITS MOBILE BANKING SERVICES WILL BE UNINTERRUPTED, OR (3) THAT THE MOBILE BANKING SERVICES WILL OPERATE WITHOUT ERROR. ACCORDINGLY, EVERGREEN BANK GROUP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE WHETHER DIRECT OR INDIRECT, COSTS, CHARGES OR EXPENSES INCURRED BY YOU DUE TO A DELAY IN OR THE INABILITY TO PROVIDE MOBILE BANKING SERVICES. YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS OR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL BE HELD LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, VIRUS, MALWARE LOSS OF DATA OR OTHER SIMILAR LOSS. IN NO EVENT WILL EVERGREEN BANK GROUP BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF SUCH LOSS IS FORESEEABLE.

Nothing contained in the Services is intended to provide legal, accounting, tax, or financial advice. You should consult your own professional advisors on such matters. Information about products and services which you do not already have with Evergreen Bank Group is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

Indemnification

You agree to indemnify and hold us and our agents, officers, employees and affiliates harmless from any and all claims, liabilities, damages, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) caused directly or indirectly by or arising directly or indirectly out of your use of your account, your violation of2 these Terms & Conditions or your violation of any laws, regulations or third party rights. When you agree to indemnify and hold another person or company harmless, you agree to protect, defend and pay for certain amounts.

Links to Other Websites

This website may contain hypertext links to other independent websites. We do not assume responsibility for the accuracy, completeness, suitability or authenticity of the information presented on any website accessed via such a link. A link to another entity's website does not create or imply any affiliation with the site or its owner or operator, nor our endorsement or sponsorship of, or responsibility for, the content, products or services offered at such sites. We expressly disclaim any such affiliation, sponsorship, endorsement or responsibility. In addition, third-party websites may have privacy policies or security practices that differ from those applicable to this website. You should read the policies of those sites before sharing your personal information. Evergreen Bank Group has no liability for any loss or damage arising from any use of a third-party link on this website.

PROPERTY RIGHTS

All information, text, images, graphics and other materials (“content”) on this website are subject to the copyrights and other intellectual property rights of Evergreen Bank Group, its agents, affiliates and/or licensors. All rights are reserved. Content on or accessed through this website may be printed for your personal use. None of the content of this website may be used, copied, modified or transmitted for commercial or public use or distribution, nor modified or reposted to other websites, without Evergreen Bank Group’s express prior written consent. You agree to obtain Evergreen Bank Group’s prior written consent before linking this website to any other website. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein or for any other unauthorized purpose without our prior express written consent.

Severability

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

Collection Expenses

If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorneys' fees and court costs, unless prohibited by applicable law.

Jurisdiction, applicable law, a waiver of jury trial

This website is intended for use by consumers in the United States of America. Your access to and use of this website and all terms and conditions herein are governed by the laws of the State of Illinois. Any action by or against Evergreen Bank Group related to the use of or access to this website and its terms and conditions must be brought in the state or federal courts having jurisdiction located in Chicago, IL, and you hereby submit to the personal jurisdiction thereof. You knowingly and willingly waive any right you may have to a trial by jury in any litigation arising in any way regarding these Terms & Conditions or the use of this website.

Downloading and Exportation

The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from the Online Banking Site or any other Evergreen Bank Group Site may be downloaded or otherwise exported in violation of United States law.

ACH Transfer and Mobile Deposit Limits

	Bronze	Silver	Gold	Platinum
Eligibility	Customer Relationship <= to 10 calendar days AND total deposit balances >= $0	Customer Relationship >= 11 calendar days AND total deposit balances >= $0	Customer Relationship >= 60 calendar days AND total deposit balances >= $10K	Customer Relationship >= 120 calendar days AND total deposit balances >= $50K
ACH In Limit*	$0	$5,000	$100,000	$250,000
ACH In Immediate Availability*	$0**	$100**	$250**	$500**
ACH Out Limit*	$0	$5,000	$5,000	$25,000

Mobile Deposit Limits

	Bronze	Silver	Gold	Platinum
Eligibility	Customer Relationship <= to 10 calendar days AND total deposit balances >= $0	Customer Relationship >= 11 calendar days AND total deposit balances >= $0	Customer Relationship >= 60 calendar days AND total deposit balances >= $10K	Customer Relationship >= 120 calendar days AND total deposit balances >= $50K
Check Maximum Amount	$0	$2,500	$5,000	$25,000
Daily Limit	$0	$2,500	$5,000	$25,000
Rolling 30 Calendar Day Limit	$0	$5,000	$10,000	$50,000
Volume Limit - # of Checks per Month	0	25	25	25

5. Mobile Banking Terms & Agreement

This Mobile Banking Terms & Agreement governs your use of Evergreen Bank Group’s Online Banking system via your mobile device (“Mobile Banking”). Throughout this website the Agreement, Disclosure, and all related documents will be referred to as "Agreement". By using Mobile Banking, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records. Any terms not defined in this Agreement shall have the meanings set forth in the Online Banking Agreement.

SECTION 1. DEFINITIONS

ANSI – the American National Standards Institute whose mission is to enhance both the global competitiveness of U.S. business and the U.S. quality of life by promoting and facilitating voluntary consensus standards and conformity assessment systems, and safeguarding their integrity.

You, Your or Customer - The person(s) subscribing to or using Mobile Banking.

Bank, We, Us, or Our - Refers to Evergreen Bank Group, and any agent, independent contractor, designee, or assignee Evergreen Bank Group may involve in the provision of Online Banking or Mobile Banking.

Business Day - Any calendar day other than Saturday, Sunday, and any holidays recognized by us. Bill payments are processed on all business days that both the Federal Reserve Bank and the US Postal System are operating and open for business.

Privacy Statement - Privacy is important to our customers. We have taken steps designed to provide security and privacy for your personal and financial dealings with the Bank. Our customer privacy statement can be obtained by clicking on the following link – Privacy Policy. Our online privacy statement can be obtained by clicking on the following link – Online Privacy Policy.

SECTION 2. ABOUT MOBILE BANKING

Evergreen Bank Group Mobile is a module of the Online Banking system accessed via a web application. A number of financial services are available to you through the Mobile Banking system.

The bank currently charges no additional fees for accessing Mobile Banking. However, you may be charged additional fees by your mobile device service provider based upon your individual service or data plan - these fees may include, among other things, fees for text messaging regarding your account and are solely your responsibility. It is your responsibility to contact your mobile device service provider regarding any such charges or fees. Furthermore, you agree to pay any additional charges for Bank services you request which are not covered by this Agreement. The Bank reserves the right to institute fees and charges for the use of Mobile Banking in the future upon the fulfillment of the notice requirements contained in this Agreement.

SECTION 3. REGISTRATION PROCESS/YOUR RESPONSIBILITIES

The Mobile Banking service (“Service”) requires that the customer complete an initial registration process. Once the Mobile Banking app has been downloaded from the app store, simply log in with your Online Banking username and password. Also at this time, you will need to accept the terms and conditions of this Agreement. YOUR USE OF MOBILE BANKING CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT OF EACH OF THE TERMS OF THIS AGREEMENT.

You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the mobile device you will use to access Mobile Banking. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree to inform us of the loss of your mobile device (for example, the device being outside of your control) or any other change that might affect providing Mobile Banking to you, the customer. You agree to accept all responsibility for any instructions sent to Evergreen Bank Group from your mobile device and authorize Evergreen Bank Group to act on these instructions.

If you change your mobile device and/or change your mobile telephone number, it will be your responsibility to download the Mobile Banking app to your new mobile device. It is your responsibility to contact us if you know or suspect unauthorized use of your password and other confidential information. You agree not to provide your password or other access information to any unauthorized person. You are responsible for keeping your password and other personal information confidential and for ensuring that you have logged out when your session is complete to prevent unauthorized access. If you permit other persons to use your mobile device, log in information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.

SECTION 4. BALANCE INQUIRIES, BILL PAYMENTS AND TRANSFER LIMITATIONS

You may use Mobile Banking to check the balance of your accounts and to transfer funds among your accounts. Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. If you have further questions, email us at [email protected], or call us at (888) 505-2265. The balances are updated in "real-time" and the system will display the most current "as of" date on the "accounts" summary page. Situations may occur that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction on which to base our approval. However, it can only be provided on a best efforts basis for your convenience and is not warranted or guaranteed. WE ARE NOT LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF SUCH INFORMATION OR FOR ANY INVESTMENT OR OTHER DECISION MADE USING THIS INFORMATION.

You may make bill payments to those payees you have set up in Online Banking. The Online Banking Payment Limits, Scheduling of Payments and Fee Structure remain in effect during any use of Mobile Banking. These services are not affected by the Mobile Banking access. The Bank does not have any duty to monitor payments made through the Bill Payment service. If you are a business and an authorized representative of yours uses your Bill Payment service to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees, and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

We shall be responsible only for performing the services we expressly agree to perform in this Agreement, subject to all of the limitations provided herein. We shall not be responsible or liable for (a) any acts or omissions by you, including without limitation, the amount, accuracy, timeliness of delivery, or your authorization of any bill payment ACH or Wire Transfer, or (b) any acts or omissions of any other person, including without limitation, NACHA, any ACH or Wire transmission or communications facility, any data processor company or any other party involved in the provision of Mobile Banking. No such person or entity shall be deemed our agent or independent contractor.

SECTION 5. MOBILE DEPOSIT

Mobile Deposit is designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks using your smart phone and our iPhone™ or Android™ application software to deliver the images and associated deposit information to the Bank. Wireless connectivity and usage rates may apply. Contact your wireless service provider for more details.

Eligible Items: You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to the Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Illinois. You agree that you will not use the Services to scan and deposit any of the following types of checks or other items:

a. Checks or items payable to any person or entity other than you.

b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.

c. Check or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.

d. Checks or items previously converted to a substitute check, as defined in Reg CC.

e. Checks or items drawn on a financial institution located outside the United States.

f. Checks or items that are remotely created checks, as defined in Reg CC.

g. Checks or items not payable in United States currency.

h. Checks or items dated more than 6 months prior to the date of the deposit.

i. Checks or items prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your account.

Image Quality: The image of an item transmitted to the Bank using Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Endorsements: You agree to restrictively endorse any item transmitted through Mobile Deposit with an authentic version of the endorsement on file with the Bank, or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as the Bank may establish from time to time.

Receipt of Items: The bank cutoff time for Mobile Deposit is 5:00 CST every business day as defined by these terms & conditions. The Bank reserves the right to reject any item transmitted through the Services, at the Bank’s discretion. The Bank is not responsible for items the Bank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete. In the event the Bank does not receive an item as described herein or if the Bank rejects an item as described herein, the bank will not be responsible for resulting damages, and you may be liable for any fees that may be assessed as a result.

Availability of Funds: You authorize us to place a hold on funds in the Account if we have concerns about or doubt the validity or collectability of a Check. The items deposited will be treated the same under the Bank’s Funds Availability disclosure provided to you during the new account opening process.

Limits: The Bank reserves the right to establish daily, rolling, and monthly limits (known as Velocity Limits) applicable to items submitted to the Bank using the Services; and, limits may be increased or decreased from time to time by the Bank without prior notice.

Storage and Destruction: You warrant that you will retain each original check in a secure environment which ensures confidentiality and integrity of check information until the check has been successfully deposited into your account. A successful deposit means that you can view it in your mobile or online transaction history. Once the deposit is posted to your account, you are responsible for preventing future negotiability of original checks by assuring that they have been destroyed properly by paper shredder, incinerator or other appropriate means.

Hardware and Software: In order to use Mobile Deposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank from time to time. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

Errors: You agree to notify the Bank of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than 60 days after the applicable Bank account statement is sent where the item appears. Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you may be prohibited from bringing a claim against the Bank for such alleged error.

Presentment: The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to the Truth in Savings Agreement and the Electronic Funds Transfer Agreement governing your account.

Mobile Deposit User Warranties and Indemnification:

You warrant to the Bank that;

a. You will only transmit eligible items.

b. Images will meet the image quality standards.

c. You will not transmit duplicate items.

d. You will not deposit or represent the original item.

e. All information you provide to the Bank is accurate and true.

f. You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.

SECTION 6. NOTICE OF YOUR RIGHTS AND LIABILITIES

You must notify us immediately if your mobile device, Online Banking ID or password have been compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by such password. Telephoning us at the number listed below in the Errors and Questions section is the best way of limiting your possible loss. You could lose all the money in your account (plus your maximum overdraft line of credit, if you have one). If we are notified within two (2) business days after you discover your mobile device, Online Banking ID or password has been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the Online Banking ID and password without your permission, you could lose as much as $500. If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money from us. If the Individual(s) delay in notifying the Bank was due to extenuating circumstances, such as a long trip or hospital stay, the Bank may extend the time period specified herein to a reasonable period. This section applies only to electronic fund transfers that debit or credit your checking, savings, or other asset accounts and are subject to the Federal Reserve Board's Regulation E. We may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.

SECTION 7. ERRORS AND QUESTIONS

In cases of errors or questions concerning transactions completed with the Mobile Banking module of Online Banking, do one of the following, as soon as possible:

1. Telephone us at (888) 505-2265; or

2. Write to Evergreen Bank Group, Attn: Digital Banking, 1515 W 22nd St, Ste 100W, Oak Brook, IL 60523; or

3. Initiate a payment inquiry on your PC via e-mail to: [email protected]; or

4. Log in to Online Banking and navigate to the support menu to send a secure message to the Bank.

We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. You should include all information relevant to the error or problem. Such information includes, without limitation: your name, your address, your account number and Online Banking ID, a description of the error or problem and the amount in question. Additionally, problems with respect to Bill Payer services should include detailed information regarding the payee of the amount in question.

We will tell you the results of our investigation within ten (10) business days after we hear from you (20 business days if the transaction involved a new account). If we need more time we may take up to 45 business days to investigate (90 business days if the transaction involved a new account). If we choose to take up to 45 business days, we will give you a provisional credit to your account within ten (10) business days (20 business days if the transaction involved a new account). Your account is considered a new account for the first 30 days following the date the account was opened. Your account will not be considered a new account, provided at the time the account in question was opened, you already had an existing banking relationship with us. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.

SECTION 8. SECURITY PROCEDURES

The Customer has the sole responsibility to establish and maintain procedures to adequately safeguard against unauthorized mobile phone usage and /or entries from his/her phone. You warrant that no other person will be allowed to initiate telephone entries other than yourself and you agree to take all reasonable steps to maintain the confidentiality of any user ID’s, passwords, and related instructions provided by us in connection with the services agreed to hereunder.

SECTION 9. NO SIGNATURE REQUIREMENTS

When any payment or other online service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.

SECTION 10. VIRUS PROTECTION

Evergreen Bank Group is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC, mobile device and diskettes using a reliable anti-virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers or disclose personal and confidential information to third-parties.

SECTION 11. TERMINATION

You may terminate the use of Mobile Banking or Online Banking at any time by contacting us in writing by mail, e-mail, or personal delivery. If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate, including any and all applications and/or components that are accessible via Online Banking.

SECTION 12. INACTIVITY

Evergreen Bank Group reserves the right to unenroll any Mobile Banking profile if there has been at least 180 days of inactivity. In order to keep your profile active, simply log in at least once every 180 days. If your profile was unenrolled by the bank, you must enroll and follow the registration process again in order to begin using the Mobile Banking services.

SECTION 13. LIABILITY OF BANK; LIMITATIONS OF LIABILITY

EVERGREEN BANK GROUP MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING ONLINE BANKING AND/OR MOBILE BANKING SOFTWARE OR SERVICES OR BROWSER INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW. FURTHERMORE, EVERGREEN BANK GROUP MAKES NO REPRESENTATIONS OR WARRANTIES: (1) WITH REGARD TO THIRD PARTY SERVICE PROVIDERS’ PRODUCTS OR SERVICES, (2) THAT ITS MOBILE BANKING SERVICES WILL BE UNINTERRUPTED, OR (3) THAT THE MOBILE BANKING SERVICES WILL OPERATE WITHOUT ERROR. ACCORDINGLY, EVERGREEN BANK GROUP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE WHETHER DIRECT OR INDIRECT, COSTS, CHARGES OR EXPENSES INCURRED BY YOU DUE TO A DELAY IN OR THE INABILITY TO PROVIDE MOBILE BANKING SERVICES. YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS OR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL BE HELD LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, VIRUS, MALWARE LOSS OF DATA OR OTHER SIMILAR LOSS. IN NO EVENT WILL EVERGREEN BANK GROUP BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

SECTION 14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

SECTION 15. ASSIGNMENT

This Agreement may not be assigned to any other party by you. The Bank may assign or delegate this Agreement, in part or in whole, to any third party.

SECTION 16. OWNERSHIP OF MATERIAL

Evergreen Bank Group’s Mobile Banking, Mobile Text Service, Remote Deposit Anywhere and Online Banking is a product of Jack Henry & Associates, Inc. Unauthorized reproduction in whole or part is prohibited.

SECTION 17. AMENDMENTS

Terms and conditions of this agreement may be amended in whole or part at any time upon 30 days' written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. If you use Online Banking after a change becomes effective, you have agreed to any and all changes. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.

SECTION 18. INDEMNITY

You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of Mobile Banking, including without limitation, unauthorized access to your mobile device or from you providing us with a phone number that is determined not to be your own. We will not be liable to you for special, indirect or consequential damages.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of account information to third parties resulting from your use of the Service.

SECTION 19. ENTIRE AGREEMENT

Accounts and services provided will continue to be subject to any separate agreements governing them, except where noted in this Agreement, and the following:

• Our rules, procedures, and policies applicable to each account and each service;

• The rules and regulations of any funds transfer system used in connection with Online Banking; and

• Applicable state and federal laws and regulations.

This Agreement supplements those and any other agreements or disclosures related to your accounts(s), including the Online Banking Agreement. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this Agreement shall supersede. Your use of Online Banking and its related modules, including Mobile Banking, Mobile Text Service, Mobile Deposit, P2P and B2B is considered your acceptance of these terms and conditions.

6. Evergreen Bank Group Schedule of Fees

Customer Schedule of Fees

January 1, 2018

The Following Fees May Be Assessed By Evergreen Bank Group:

Free Services
Balance Inquiry - Internally Assisted	Free
Bank by Mail	Free
Bank to Bank Transfers (B2B)	Free
Check Imaging	Free
Check(s) Received Without Deposit Slip	Free
Coin Counting	Free
eStatements	Free
Fax	Free
History Inquiry	Free
Internet Banking & Online Bill Pay	Free
Mobile Banking	Free
Notary Service	Free
Peer to Peer Transfers (P2P)	Free
Rolled Coin	Free
Signature Guaranteed by Bank	Free
Temporary Checks	Free
Transfer Between Accounts - Internally Assisted	Free

Account Closing Fees
Promotional Accounts Closed Within 180 days	$ 150.00
Standard Accounts Closed Within 90 days	$ 50.00

ATM Fees
ATM Deposit Adjustment	$ 10.00
ATM/Debit Card Replacement	$ 15.00
ATM/Debit Card Rush Replacement	$ 55.00
Bank Owned ATM Transaction	Free
Foreign ATM Transaction - SVC CHG	$ 1.00
Foreign ATM Transaction - Kasasa Accounts Only	Free
MoneyPass^® Surcharge Free ATM Transaction	Free
Dormant Account Fees
Checking Accounts Dormant for 12 months (per month)	$ 5.00
Savings Accounts Dormant for 18 months (per month)	$ 5.00

Wire Transfer Fees
Incoming Wires	$ 15.00
Domestic Outgoing Wires	$ 30.00
Foreign Outgoing Wires	$ 35.00

Other Fees
Account Reconciliation/Research (per hour)	$ 25.00
Cashier's Check	$ 5.00
Check Printing Fees	Varied
Check Cashing (non-customer, checks drawn on us)	1% of check/min $5.00
Collection - Incoming (deducted from remittance)	$ 30.00
Collection - Outgoing (charged at time item is sent)	$ 30.00
Collection Item Drawn on Foreign Bank	$ 30.00
Copy of Canceled Check	$ 5.00
Copy of Statement	$ 10.00
Deposit Zipper Bag	$ 6.00
Deposit Locked Zipper Bag	$ 25.00
Foreign Dollar Checks Deposited	$ 20.00
Hold Statements (per month)	$ 5.00
Mobile Deposits (per each additional item over 20 per month)	$ 1.00
Municipal Bond Collection	$ 50.00
Municipal Coupon Collection (per envelope)	$ 15.00
Overdraft Item Charge/Return Item Fee - A fee may be imposed for covering overdrafts "created by check, in-person withdrawal, ATM withdrawal, or other electronic means,"	$ 35.00
Garnishments, Levies or Other Legal Processes when preparation time is over 2hours (per occurrence)	$ 150.00
Special Statement Request (per occurrence)	$ 10.00
Stop Payment Charge	$ 30.00
Verification of Deposit Letter	$ 15.00

Safe Deposit Box
5 X 5 with Auto Pay	$ 40.00
5 X 5 without Auto Pay	$ 60.00
3 X 10 with Auto Pay	$ 50.00
3 X 10 without Auto Pay	$ 70.00
5 X 10 with Auto Pay	$ 90.00
5 X 10 without Auto Pay	$ 110.00
10 X 10 with Auto Pay	$ 100.00
10 X 10 without Auto Pay	$ 150.00
Drilling Fee	$ 150.00
Late Fee (assessed 15 calendar days after due date)	$ 10.00
Lost Key Replacement	$ 25.00

{endAccordion

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