Evergreen Bank Group Disclosures

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1. Free Rewards Checking Truth and Savings Disclosure (this is a variable rate account)

RATE INFORMATION. The interest rate listed in a tier will be paid for only that portion of your daily balance range that is equal to or greater than the low balance amount but less than the high balance amount within that tier.

Your interest rate and annual percentage yield may change.

Determination of Rate. At our discretion, we may change the interest rate on your account.

The interest rate for your account is determined based on whether you have met account qualifications (see Additional Information Section of this disclosure).

Frequency of Rate Changes. We may change the interest rate on your account periodically.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to the account monthly. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. You must deposit $100.00 to open this account.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant account fee of $5.00 per month will be charged after 12 months of inactivity.

PROCESSING ORDER. All credit transactions are processed first. Debits, or withdrawals, from your account will be processed from the lowest dollar amount to the highest dollar amount. The processing order of these items is important because if there is not enough money in the account to pay for the items in the order they are processed in accordance with the processing order, there may be an overdraft on your account which may result in overdraft or non-sufficient funds fees or an increase in the amount of these fees.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

When your Free Rewards Checking with qualifications are met during a Monthly Qualification Cycle, you receive the following rewards:

  • Domestic ATM fees incurred during qualification cycle will be reimbursed and credited to account on the last day of monthly statement cycle. *
  • APY range is calculated assuming a maximum balance of $125,000.00. Please refer to our rate sheet for the interest rate and annual percentage yield (APY) on this account.
  • What are the account qualifications?
  • 12 debit card purchases must post and settle to your account during a monthly qualification cycle** Be enrolled in and agree to receive electronic statements

What is a Monthly Qualification Cycle?

The period within which Qualifications must be met in order for the accountholder to earn the account's rewards. Typically, the Monthly Qualification Cycle begins one day prior to the first day of the current Statement Cycle and ends one day prior to the end of the current Statement Cycle.

What if account qualifications are not met during a Monthly Qualification Cycle?

If your Free Rewards Checking qualifications are not met during a Monthly Qualification Cycle see the Bank’s rate sheet for the interest rate and annual percentage yield (APY) on this account,

*ATM receipt must be presented for reimbursement of an individual ATM fee of $5.00 or higher.

**Qualifying debit card purchases must post and settle to account during monthly qualification cycle. Transactions may take one or more banking days from the date the transaction was made to post and settle to an account. ATM-processed transactions do not count towards qualifying debit card purchases.

Fees or withdrawals could reduce earnings. Limit one account per primary account holder SSN.

IRS Reporting
Any customer that exceeds $600 in rebated ATM surcharge fees or Free Rewards Checking with Saver Account annually will receive an IRS 1099 MISC form, which may be taxed to you. Please consult your tax advisor.

CURRENT RATE INFORMATION. Please refer to our rate sheet for the current interest rate and annual percentage yield (APY) on this account.

FEES AND CHARGES. Please refer to the separate Customer Schedule of Fees provided to you with this disclosure for information about fees and charges associated with this account.

2. Free Cash Back Checking Truth and Savings Disclosure

MINIMUM BALANCE REQUIREMENTS. You must deposit $100.00 to open this account.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant account fee of $5.00 per month will be charged after 12 months of inactivity.

PROCESSING ORDER. All credit transactions are processed first. Debits, or withdrawals, from your account will be processed from the lowest dollar amount to the highest dollar amount. The processing order of these items is important because if there is not enough money in the account to pay for the items in the order they are processed in accordance with the processing order, there may be an overdraft on your account which may result in overdraft or non-sufficient funds fees or an increase in the amount of these fees.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

When your Free Cash Back Checking Account qualifications are met during a Monthly Qualification CycleYou receive the following rewards:

Domestic ATM fees incurred during qualification cycle will be reimbursed and credited to account on the last day of monthly statement cycle. *A specified percentage of debit card purchases up to a total cash back of a specified dollar amount per monthly qualification cycle. These will be credited to your account on the last day of monthly statement cycle. Please refer to our rate sheet for the current Percentage on Debit Card Purchases and the specified dollar amount paid per monthly qualification cycle paid.

What are the account qualifications?

  • 12 debit card purchases must post and settle to account during a monthly qualification cycle**
  • Be enrolled in and agree to receive electronic statements

What is a Monthly Qualification Cycle?

The period within which Qualifications must be met for the accountholder to earn the account's rewards. Typically, the Monthly Qualification Cycle begins one day prior to the first day of the current Statement Cycle and ends one day prior to the end of the current Statement Cycle.

What if account qualifications are not met during a Monthly Qualification Cycle?

Even if you don't meet your qualifications during the Monthly Qualification Cycle, your Free Cash Back Checking Account is still free.

*ATM receipt must be presented for reimbursement of an individual ATM fee of $5.00 or higher.

**Qualifying debit card purchases must post and settle to account during monthly qualification cycle. Transactions may take one or more banking days from the date transaction was made to post and settle to an account. ATM-processed transactions do not count towards qualifying debit card purchases.

Fees or withdrawals could reduce earnings. Limit one account per primary accountholders SSN.

IRS Reporting
Any customer that exceeds $600 in cash back annually will receive an IRS 1099 MISC form, which may be taxed to you. Please consult your tax advisor.

FEES AND CHARGES. Please refer to the separate Customer Schedule of Fees provided to you with this disclosure for information about fees and charges associated with this account.

3. Online Savings Truth and Savings Disclosure

RATE INFORMATION. Please refer to our rate sheet for the interest rate and annual percentage yield (APY) on this account. Your interest rate and annual percentage yield may change. - this is a variable rate account.

Determination of Rate. At our discretion, we may change the interest rate on your account.

Frequency of Rate Changes. We may change the interest rate on your account periodically.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded daily and will be credited to the account monthly. If you close your account before interest is credited, you will receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. You must deposit $100.00 to open this account.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant account fee of $5.00 per month will be charged after 18 months of inactivity.

PROCESSING ORDER. All credit transactions are processed first. Debits, or withdrawals, from your account will be processed from the lowest dollar amount to the highest dollar amount. The processing order of these items is important because if there is not enough money in the account to pay for the items in the order they are processed in accordance with the processing order, there may be an overdraft on your account which may result in overdraft or non-sufficient funds fees or an increase in the amount of these fees.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. During any statement cycle, you may not make more than 6 withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instructions, computer transfer, or by check, draft, debit card or similar order to a third party. Each covered transaction in excess of the limit of 6 per statement cycle will be assessed a $20.00 fee.

CURRENT RATE INFORMATION. The rate(s) and annual percentage yield(s) disclosed were offered within the most recent seven calendar days, and were accurate as of 05/25/2022. To obtain the current rate(s) and annual percentage yield information, please call (888)505-2265.

FEES AND CHARGES. Please refer to the separate Customer Schedule of Fees provided to you with this disclosure for information about fees and charges associated with this account. A Customer Schedule of Fees will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

A fee of $50.00 will be assessed if the account is closed within the first 90 days.

4. Certificate of Deposit Truth and Savings Disclosure

RATE INFORMATION. Please refer to our rate sheet for the interest rate and annual percentage yield (APY) on this account. You will be paid this interest rate until maturity.

Additional Rate Information. This is a fixed rate account.

COMPOUNDING AND CREDITING. Interest will be compounded quarterly and will be credited to the account quarterly.

The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. If interest is credited to another account or paid to you by check, this may reduce earnings and may negate the effect of interest compounding. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. You must deposit $500.00 to open this account.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue on the business day you deposit noncash items (for example, checks).

TRANSACTION LIMITATIONS. You may not make a withdrawal from this account until the maturity date without penalty. Interest credited during a term can be withdrawn. You may not make any deposits into your account until maturity.

MATURITY DATE. Based on term chosen.

EARLY WITHDRAWAL PROVISIONS on CD with terms of 12 Months or less.
We will impose a penalty if you withdraw any or all the deposited funds before the maturity date. The fee imposed will equal 90 days of interest.

EARLY WITHDRAWAL PROVISIONS on CD with terms greater than 12 Months or less.
We will impose a penalty if you withdraw any or all the deposited funds before the maturity date. The fee imposed will equal 180 days of interest.

RENEWAL POLICIES. Your account will automatically renew at maturity. You will have a grace period of 10 calendar days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty.

CURRENT RATE INFORMATION. The rate(s) and annual percentage yield(s) disclosed above were offered within the most recent seven calendar days, and were accurate as of 05/25/2022. To obtain the current rate(s) and annual percentage yield information, please call (888)505-2265.

5. Checking Account Terms and Conditions

DEFINITIONS. Throughout this Agreement, these terms have the following meaning:

  • "You," "your," and "account owner" refer to the Customer whether or not there are one or more Customers named on the account.
  • "We," "our," and "us" refer to the Bank, Evergreen Bank Group.
  • "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
  • "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions, and signature-based debit card transactions.
  • "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.

GENERAL AGREEMENT. You understand that the following Account Agreement ("Agreement") governs your Checking account with us, along with any other documents applicable to your account, including any account opening Disclosures that have been provided to you, which are incorporated by reference. You understand that your account is also governed by applicable law.

The account opening Disclosures include the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. The information found in any account opening Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other items change in a manner that would adversely affect you, we will provide you with written notice 30 days prior to the change. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of the account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your chosen account. For example, there are conditions that may need to be satisfied before transferring accounts due to death or other events as well as reductions to an account required or permitted by law. You must determine whether the account you select is appropriate for your current and future needs. Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice on your legal interests.

INDIVIDUAL ACCOUNT. The named party in an individual account owns the account and may withdraw all or some of the account. On the death of the party, ownership passes as part of the party's estate.

TRANSFERS AND ASSIGNMENTS. We may assign or transfer any or all of our interest in this account. You cannot assign or transfer any interest in your account unless we agree in writing.

POWER OF ATTORNEY. If you wish to name another person to act as your attorney in fact or agent in connection with your account, we must approve the form of appointment.

RESTRICTIVE LEGENDS. We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in writing signed by an officer of the Bank. Examples of restrictive legends are "two signatures required", "must be presented within 90 days" or "not valid for more than $1,000.00."

STALE OR POSTDATED CHECKS. We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. You agree not to postdate any check drawn on the account. If you do, and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.

PREAUTHORIZED CHECKS OR DRAFTS. You should guard information about your account (such as your routing number and your account number) as carefully as you would guard blank checks. If you voluntarily give such information about your account to a party which is seeking to sell you goods or services, without physically delivering a check to that party, any debit to or withdrawal from your account it initiates will be deemed authorized by you.

VERIFYING FUNDS AVAILABILITY FOR CHECK. You authorize us to release funds availability information about your account to individuals or merchants who represent to us that they have received a check from you.

CHECK SAFEKEEPING. If you utilize a check safekeeping system or any other system offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or as required by law. Any request for a copy of any check may be subject to a fee, as indicated in the Customer Schedule of Fees or Disclosures and as allowed by law. If for any reason we cannot provide you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the actual damages sustained by you.

YOUR RESPONSIBILITY FOR BACK OF CHECK. All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account must be placed on the left side of the check when looking at it from the front, and the endorsements must be placed so as not to go beyond an area located 1-½ inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement.

ELECTRONIC CHECKS AND ELECTRONICALLY-CREATED ITEMS. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes. See the Substitute Checks section for more information.

Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper form. For example, you set up automatic bill payments with us to pay your utility bill. From your account information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a substitute check since it never existed in paper form.

SUBSTITUTE CHECKS. To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These substitute checks are similar in size to the 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. An electronic check can be used to create a substitute check since the electronic image and electronic information was derived from its paper form.

REMOTE DEPOSIT CAPTURE. Remote deposit capture ("RDC") allows you to make deposits to your account from remote locations by electronically transmitting digital images of your original paper checks, which are drawn on or payable through United States financial institutions in United States dollars to us. We may then use the digital image to create an electronic check or substitute check for collection. If you use our RDC services, if applicable, we may require you to endorse the back of the paper check to indicate that it has been remotely deposited. For example, "for mobile deposit only" or "for mobile deposit at Evergreen Bank Group only."

WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms of the Disclosures. Withdrawals may be subject to a service charge.

DEPOSITS. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item and adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and expenses related to the collection of all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit accounts, are available in accordance with the Disclosures.

COLLECTION OF DEPOSITED ITEMS. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.

If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

STATEMENTS. We will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 30 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law.

YOUR DUTY TO REPORT UNAUTHORIZED SIGNATURES, ALTERATIONS AND FORGERIES.

You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will entirely yours. This 60-day limitations is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

YOUR DUTY TO REPORT OTHER ERRORS.

In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed 60 days. Failure to examine your statement and report any such errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.

ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Illinois. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.

If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

PROVISIONAL PAYMENT. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

INTERNATIONAL ACH TRANSACTIONS. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

NOTICE OF RECEIPT. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.

CHOICE OF LAW. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.

STOP PAYMENTS.

STOP PAYMENT ON CHECKS. You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on us for 14 calendar days only and must be confirmed by you in a record or writing within that period. If the record or written confirmation is not received as specified, we will no longer be bound by your request. Upon receipt of confirmation in a record or writing, a Stop Payment Order on a check remains in effect for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the authorized signers of the account regardless of who signed the check.

We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received the check.

STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 14 calendar days only and must be confirmed by you in a record or writing within that period. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization).

The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law.

You will be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request.

DEATH OR INCOMPETENCY. Neither your death nor a legal adjudication of incompetence revokes our authority to accept, pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. To the extent permitted by law, even with knowledge, we may for 10 days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account.

NON-SUFFICIENT FUNDS AND OVERDRAFTS.

AVAILABLE BALANCE. We use an available balance method to determine whether there are sufficient funds in your account to pay a debit transaction or item. The available balance reflects deposits and transactions that have been posted to your account, such as checks you have written, and transactions that have been authorized but not yet posted to your account, including deposit holds and holds on debit card transactions that have been authorized but not yet posted (i.e., preauthorization holds). These pending transactions and holds reduce your available balance. For example, you have $100 in your account and you spend $30, which shows as a pending transaction on your account. Your available balance is $70.

FEES. If there are insufficient funds to pay a debit transaction or item based on your available balance, we may either: 1) return the debit or item or 2) pay the debit or item at our discretion. We may charge you fees if we return the debit or item or pay the debit or item on your behalf.

RETURN ITEM FOR NON-SUFFICIENT FUNDS. If we do not pay the debit transaction or item on your behalf and return the debit or item, we may charge you non-sufficient funds fees. Pursuant to NACHA Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you non-sufficient funds fees for each resubmission of a debit or representation of an item, which means you may incur multiple non-sufficient funds fees if a debit or item is returned more than one time. For example, you write a check from your account with us. The check is returned for non-sufficient funds, and we may charge you non-sufficient funds fees. The same check is then represented to us for payment, and the check is returned again for non-sufficient funds. We may charge you non-sufficient funds fees the second time the check is presented for payment and returned for non-sufficient funds.

OVERDRAFTS. If we pay the debit transaction or item on your behalf, you will be responsible for the overdrawn balance, and we may charge you overdraft fees. As discussed above, subsequent pending transactions and holds impact your available balance, which may cause your account to become overdrawn and subject to overdraft fees. For example, you have $100 in your account. You use your debit card at a gas station and a preauthorization hold of $60 is placed on your account because the amount of the transaction is not known at the time of authorization, even though you only spent $50 at the gas station. The authorization hold reduces your available balance to $40. You then spend $50 on groceries. If we pay this debit on your behalf, you will be responsible for paying the overdrawn balance, and we may charge you overdraft fees.

SIGNATURES. Your signature on the Account Information document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.

Further, most checks, and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks, and other items, i.e., without individual review of each check, or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.

PAYMENT OF INTEREST. Interest will be calculated and paid in accordance with the Disclosures provided to you at the time you opened the account.

FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS. You agree to pay us and are responsible for any fees, charges or balance/deposit requirements as provided in the Disclosures provided to you at the time you opened the account. Fees, charges and balance requirements may change from time to time. We also reserve the right to impose a service charge for cashing checks drawn on your account if the person cashing the check is not a customer of this Bank.

SET-OFFS AND SECURITY INTEREST. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under this Agreement (by which you grant us a security interest in your deposit account and any other accounts held by you) to use your account funds to pay the debt, where permitted by law. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. The security interest granted by this Agreement is consensual and is in addition to our right of set-off.

CLAIMS. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures.

DORMANT/INACTIVE ACCOUNTS. You understand that if your account is dormant or inactive, we may charge fees specified in the Disclosures and cease any interest payments to the extent permitted by the law. You agree that we are relieved of all responsibility if your account balance is escheated (that is, turned over to the state) in accordance with state law.

ATTORNEYS' FEES AND EXPENSES. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.

LEGAL PROCESS AGAINST ACCOUNT. You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in any legal proceeding.

CLOSING ACCOUNT. We may close the account at any time, with or without cause, after sending you notice if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after the closing of your account. Such a termination will not release you from any fees or other obligations incurred before the termination. We will send a check for the balance in our possession to which you are entitled.

OUR WAIVER OF RIGHTS. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.

YOUR WAIVER OF NOTICE. By signing the Account Information form, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account to the extent permitted by law. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.

NOTICE. You are responsible for notifying us of any address or name changes, death of an account holder, or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied.

TELEPHONE AND ELECTRONIC COMMUNICATION. You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us.

ONLINE OR MOBILE SERVICES. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.

AMENDMENTS AND ALTERATIONS. You agree that the terms and conditions governing your account may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

EFFECTIVE APPLICABLE LAWS AND REGULATIONS. You understand that this Agreement is governed by the laws of Illinois, except to the extent that federal law is controlling. Changes in these laws and regulations may modify the terms and conditions of your account(s). We do not have to notify you of these changes, unless required to do so by law. If any of the terms of this Agreement come into conflict with the applicable law and are declared to be invalid or unenforceable, those terms will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.

6. Savings Account Terms and Conditions

DEFINITIONS. Throughout this Agreement, these terms have the following meaning:

  • "You," "your," and "account owner" refer to the Customer whether or not there are one or more Customers named on the account.
  • "We," "our," and "us" refer to the Bank, Evergreen Bank Group.
  • "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
  • "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions, and signature-based debit card transactions.
  • "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.

GENERAL AGREEMENT. You understand that the following Account Agreement ("Agreement") governs your Savings account with us, along with any other documents applicable to your account, including any account opening Disclosures that have been provided to you, which are incorporated by reference. You understand that your account is also governed by applicable law.

The account opening Disclosures include the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. The information found in any account opening Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other items change in a manner that would adversely affect you, we will provide you with written notice 30 days prior to the change. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of the account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your chosen account. For example, there are conditions that may need to be satisfied before transferring accounts due to death or other events as well as reductions to an account required or permitted by law. You must determine whether the account you select is appropriate for your current and future needs. Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice on your legal interests.

INDIVIDUAL ACCOUNT. The named party in an individual account owns the account and may withdraw all or some of the account. On the death of the party, ownership passes as part of the party's estate.

TRANSFERS AND ASSIGNMENTS. We may assign or transfer any or all of our interest in this account. You cannot assign or transfer any interest in your account unless we agree in writing.

POWER OF ATTORNEY. If you wish to name another person to act as your attorney in fact or agent in connection with your account, we must approve the form of appointment.

REGULATION D - TRANSACTION LIMITATIONS.

TRANSACTION LIMITATIONS. During any statement cycle, you may not make more than 6 withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instructions, computer transfer, or by check, draft, debit card or similar order to a third party. Each covered transaction in excess of the limit of 6 per statement cycle will be assessed a $20.00 fee.

TRANSFERS OR WITHDRAWALS SUBJECT TO TRANSACTION LIMITATIONS. This transaction limitation includes transfers or withdrawals made to a third party if made by: phone, fax, computer, check, debit card, ACH, bill payments, or automatic transfers.

The transaction limitation also includes transfers or withdrawals made to another account that you have with us if made by: phone; fax; computer; debit card; ACH; bill payments; or automatic transfers, including transfers for overdraft protection purposes.

TRANSFERS OR WITHDRAWALS NOT SUBJECT TO TRANSACTION LIMITATIONS. There is no limit on the number of transfers or withdrawals between the accounts you have with us if made by: mail, messenger, ATM, in person, or to repay a loan that you have with us.

However, if we suspend enforcement of the restriction on the number of transfers or withdrawals on your savings account, there is no transaction limitation on transfers or withdrawals on these accounts. We may also suspend enforcement of the restriction on a temporary basis, such as for six months, and then resume enforcement after the temporary suspension.

DEPOSITS. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item and adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and expenses related to the collection of all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit accounts, are available in accordance with the Disclosures.

COLLECTION OF DEPOSITED ITEMS. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.

If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

STATEMENTS. If your account is a statement account, we will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 30 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law.

YOUR DUTY TO REPORT UNAUTHORIZED SIGNATURES, ALTERATIONS AND FORGERIES. You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will entirely yours. This 60-day limitations is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

YOUR DUTY TO REPORT OTHER ERRORS.

In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed 60 days. Failure to examine your statement and report any such errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.

ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Illinois. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.

If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

PROVISIONAL PAYMENT. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

INTERNATIONAL ACH TRANSACTIONS. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

NOTICE OF RECEIPT. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.

CHOICE OF LAW. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.

ELECTRONIC CHECKS AND ELECTRONICALLY-CREATED ITEMS. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes. See the Substitute Checks section for more information.

Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper form. For example, you set up automatic bill payments with us to pay your utility bill. From your account information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a substitute check since it never existed in paper form.

STOP PAYMENTS.

STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 14 calendar days only and must be confirmed by you in a record or writing within that period. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization).

The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law.

DEATH OR INCOMPETENCY. Neither your death nor a legal adjudication of incompetence revokes our authority to accept or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it.

NON-SUFFICIENT FUNDS AND OVERDRAFTS.

AVAILABLE BALANCE. We use an available balance method to determine whether there are sufficient funds in your account to pay a debit transaction or item. The available balance reflects deposits and transactions that have been posted to your account, and transactions that have been authorized but not yet posted to your account, including deposit holds and holds on debit card transactions that have been authorized but not yet posted (i.e., preauthorization holds). These pending transactions and holds reduce your available balance. For example, you have $100 in your account and you spend $30, which shows as a pending transaction on your account. Your available balance is $70.

FEES. If there are insufficient funds to pay a debit transaction or item based on your available balance, we may either: 1) return the debit or item or 2) pay the debit or item at our discretion. We may charge you fees if we return the debit or item or pay the debit or item on your behalf.

RETURN ITEM FOR NON-SUFFICIENT FUNDS. If we do not pay the debit transaction or item on your behalf and return the debit or item, we may charge you non-sufficient funds fees. Pursuant to NACHA Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you non-sufficient funds fees for each resubmission of a debit or representation of an item, which means you may incur multiple non-sufficient funds fees if a debit or item is returned more than one time. For example, you write a check from your account with us. The check is returned for non-sufficient funds, and we may charge you non-sufficient funds fees. The same check is then represented to us for payment, and the check is returned again for non-sufficient funds. We may charge you non-sufficient funds fees the second time the check is presented for payment and returned for non-sufficient funds.

OVERDRAFTS. If we pay the debit transaction or item on your behalf, you will be responsible for the overdrawn balance, and we may charge you overdraft fees. As discussed above, subsequent pending transactions and holds impact your available balance, which may cause your account to become overdrawn and subject to overdraft fees. For example, you have $100 in your account. You use your debit card at a gas station and a preauthorization hold of $60 is placed on your account because the amount of the transaction is not known at the time of authorization, even though you only spent $50 at the gas station. The authorization hold reduces your available balance to $40. You then spend $50 on groceries. If we pay this debit on your behalf, you will be responsible for paying the overdrawn balance, and we may charge you overdraft fees.

SIGNATURES. Your signature on the Account Information document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.

PAYMENT OF INTEREST. Interest will be calculated and paid in accordance with the Disclosures provided to you at the time you opened the account.

FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS. You agree to pay us and are responsible for any fees, charges or balance/deposit requirements as provided in the Disclosures provided to you at the time you opened the account. Fees, charges and balance requirements may change from time to time.

WITHDRAWAL NOTICE REQUIREMENTS. We have the right to require seven days prior written notice from you of your intent to withdraw any funds from your account.

SET-OFFS AND SECURITY INTEREST. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under this Agreement (by which you grant us a security interest in your deposit account and any other accounts held by you) to use your account funds to pay the debt, where permitted by law. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. The security interest granted by this Agreement is consensual and is in addition to our right of set-off.

CLAIMS. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures.

DORMANT/INACTIVE ACCOUNTS. You understand that if your account is dormant or inactive, we may charge fees specified in the Disclosures and cease any interest payments to the extent permitted by the law. You agree that we are relieved of all responsibility if your account balance is escheated (that is, turned over to the state) in accordance with state law.

ATTORNEYS' FEES AND EXPENSES. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.

LEGAL PROCESS AGAINST ACCOUNT. You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in any legal proceeding.

CLOSING ACCOUNT. We may close the account at any time, with or without cause, after sending you notice if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. Such a termination will not release you from any fees or other obligations incurred before the termination. We will send a check for the balance in our possession to which you are entitled.

OUR WAIVER OF RIGHTS. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.

YOUR WAIVER OF NOTICE. By signing the Account Information form, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account to the extent permitted by law. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.

NOTICE. You are responsible for notifying us of any address or name changes, death of an account holder, or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied.

TELEPHONE AND ELECTRONIC COMMUNICATION. You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us.

ONLINE OR MOBILE SERVICES. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.

AMENDMENTS AND ALTERATIONS. You agree that the terms and conditions governing your account may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

EFFECTIVE APPLICABLE LAWS AND REGULATIONS. You understand that this Agreement is governed by the laws of Illinois, except to the extent that federal law is controlling. Changes in these laws and regulations may modify the terms and conditions of your account(s). We do not have to notify you of these changes, unless required to do so by law. If any of the terms of this Agreement come into conflict with the applicable law and are declared to be invalid or unenforceable, those terms will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.

7. Certificate of Deposit Terms and Conditions

DEFINITIONS. Throughout this Agreement, these terms have the following meaning:

  • "You," "your," and "account owner" refer to the Customer whether or not there are one or more Customers named on the account.
  • "We," "our," and "us" refer to the Bank, Evergreen Bank Group.
  • "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
  • "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions, and signature-based debit card transactions.
  • "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.

GENERAL AGREEMENT. You understand that the following Account Agreement ("Agreement") governs your Certificate of Deposit account with us, along with any other documents applicable to your account, including any account opening Disclosures that have been provided to you, which are incorporated by reference. You understand that your account is also governed by applicable law.

The account opening Disclosures include the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. The information found in any account opening Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other items change in a manner that would adversely affect you, we will provide you with written notice 30 days prior to the change. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of the account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your chosen account. For example, there are conditions that may need to be satisfied before transferring accounts due to death or other events as well as reductions to an account required or permitted by law. You must determine whether the account you select is appropriate for your current and future needs. Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice on your legal interests.

INDIVIDUAL ACCOUNT. The named party in an individual account owns the account and may withdraw all or some of the account. On the death of the party, ownership passes as part of the party's estate.

TRANSFERS AND ASSIGNMENTS. We may assign or transfer any or all of our interest in this account. You cannot assign or transfer any interest in your account unless we agree in writing.

POWER OF ATTORNEY. If you wish to name another person to act as your attorney in fact or agent in connection with your account, we must approve the form of appointment.

In addition to the General Rules, your Certificate of Deposit ("Certificate") may be subject to the following:

ACCOUNT TERMS. The Certificate bears interest at the rate and basis as set forth on the Certificate. The terms of the Certificate, such as the interest rate(s), annual percentage yield (APY), length of term period, renewability, and date of maturity are specified on the Certificate and in the Disclosures provided to you at the time of account opening. Interest will not be compounded unless noted in the Certificate and the Disclosures and will be paid to you at the frequency and in the method noted. If interest compounds during the term of the Certificate and may be withdrawn prior to maturity, the withdrawal of interest prior to maturity will affect the annual percentage yield (APY).

WITHDRAWAL PRIOR TO MATURITY. You have contracted to keep the account funds on deposit from the issue date until the maturity date. We may accept a request by you for withdrawal of some or all of the account funds prior to the maturity date at our discretion or as otherwise described in the Disclosures.

ADDITIONAL DEPOSITS DURING THE TERM. No additional deposits will be allowed to this account during its term unless otherwise described in the Disclosures.

EARLY WITHDRAWAL PENALTY. Unless provided otherwise in the Disclosures we will assess an early withdrawal penalty on any withdrawal, either partial or in whole, that we allow you to make from your account prior to the account's maturity date. The method for determining that penalty is described in the Disclosures.

RENEWAL. Automatic Renewal Certificates will renew automatically on the stated maturity date of its term. Such renewal will be for a time period equal or similar to the original term and subject to these terms and conditions. Interest for that renewal term will be paid at the interest rate then in effect at this financial institution for similar accounts. If you close the Certificate within the grace period following the maturity date, we will not charge an early withdrawal penalty for that withdrawal. When applicable to your Certificate, the grace period following the maturity date is described in the Disclosures.

LOST OR STOLEN CERTIFICATES. We can refuse to allow withdrawals which you request without your Certificate. If your Certificate is lost or stolen, you agree to immediately notify us in writing.

DEPOSITS. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item and adjust any interest earned. You are liable to us for the amount of any check you use to open your account that is returned unpaid and all costs and expenses related to the collection of all or part of such amount from you.

COLLECTION OF DEPOSITED ITEMS. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.

If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Illinois. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.

If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

PROVISIONAL PAYMENT. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

INTERNATIONAL ACH TRANSACTIONS. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

NOTICE OF RECEIPT. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.

CHOICE OF LAW. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.

DEATH OR INCOMPETENCY. Neither your death nor a legal adjudication of incompetence revokes our authority to accept or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it.

SIGNATURES. Your signature on the Account Information document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.

FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS. You agree to pay us and are responsible for any fees, charges or balance/deposit requirements as provided in the Disclosures provided to you at the time you opened the account. Fees, charges and balance requirements may change from time to time.

SET-OFFS AND SECURITY INTEREST. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under this Agreement (by which you grant us a security interest in your deposit account and any other accounts held by you) to use your account funds to pay the debt, where permitted by law. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. The security interest granted by this Agreement is consensual and is in addition to our right of set-off.

CLAIMS. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures.

DORMANT/INACTIVE ACCOUNTS. You understand that if your account is dormant or inactive, we may charge fees specified in the Disclosures and cease any interest payments to the extent permitted by the law. You agree that we are relieved of all responsibility if your account balance is escheated (that is, turned over to the state) in accordance with state law.

ATTORNEYS' FEES AND EXPENSES. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.

LEGAL PROCESS AGAINST ACCOUNT. You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in any legal proceeding.

CLOSING ACCOUNT. We may close the account at any time, with or without cause, after sending you notice if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. Such a termination will not release you from any fees or other obligations incurred before the termination. We will send a check for the balance in our possession to which you are entitled.

OUR WAIVER OF RIGHTS. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.

YOUR WAIVER OF NOTICE. By signing the Account Information form, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account to the extent permitted by law. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.

NOTICE. You are responsible for notifying us of any address or name changes, death of an account holder, or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied.

TELEPHONE AND ELECTRONIC COMMUNICATION. You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us.

ONLINE OR MOBILE SERVICES. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.

AMENDMENTS AND ALTERATIONS. You agree that the terms and conditions governing your account may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

EFFECTIVE APPLICABLE LAWS AND REGULATIONS. You understand that this Agreement is governed by the laws of Illinois, except to the extent that federal law is controlling. Changes in these laws and regulations may modify the terms and conditions of your account(s). We do not have to notify you of these changes, unless required to do so by law. If any of the terms of this Agreement come into conflict with the applicable law and are declared to be invalid or unenforceable, those terms will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.

8. 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:

  1. if we believe a check you deposit will not be paid;
  2. if you deposit checks totaling more than $5,525 on any one day;
  3. if you redeposit a check that has been returned unpaid;
  4. if you have overdrawn your account repeatedly in the last six months; or
  5. 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 $5,525 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 $5,525 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 $5,525 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.

9. 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.

10. Rewards/Cash Back Electronic Fund Transfer Disclosure and Agreement Policy

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

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your Debit Card (hereinafter referred to collectively as "Debit Card") at automated teller machines (ATMs) and any networks described below.

TERMS AND CONDITIONS. The following provisions govern the use of EFT services through accounts held by Evergreen Bank Group which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.

DEFINITION OF BUSINESS DAY. Business days are Monday through Friday excluding Federal holidays.

ELECTRONIC FUND TRANSFER SERVICES PROVIDED

DEBIT CARD SERVICES. The services available through use of your debit card are described below.

DEBIT CARD SERVICES:

    • You may withdraw cash from your checking account(s) and savings account(s).
    • You may make deposits into your checking account(s) and savings account(s).
    • You may transfer funds between your checking and savings accounts.
    • You may make balance inquiries on your checking account(s) and savings account(s).
    • You may use your card at any merchant that accepts Mastercard® debit cards for the purchase of goods and services.

ATM SERVICES.

NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.

You may access your Debit Card through the following network(s): Mastercard, Cirrus, Star.

ATM FEES. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

POINT OF SALE TRANSACTIONS. Listed below is the card you may use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as "Participating Merchants"). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card, including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your "designated account" to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay an amount equal to the overdrawn balance plus any overdraft fees.

The following card and the corresponding designated account(s) may be used for Point of Sale transactions:

    • Debit Card: checking account.

Your Debit card may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement.

CURRENCY CONVERSION - Mastercard®If you perform transactions with your card with the Mastercard® logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. At Mastercard International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard®. Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by Mastercard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by Mastercard  International. The currency conversion rate used by Mastercard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date.

SERVICES PROVIDED THROUGH USE OF AUTOMATED TELEPHONE BANKING. You may perform the following functions through use of Automated Telephone Banking:

    • You may initiate transfers of funds between your checking and savings accounts, checking and money market accounts, and savings and money market accounts.
    • You may make balance inquiries on your checking account(s), savings account(s), and money market account(s).

    • You may make payments on loan account(s) that you have with us.

PREAUTHORIZED TRANSFER SERVICES.

    • You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), and money market account(s).
    • You may arrange for the preauthorized automatic payments or other transfers from your checking account(s), savings account(s), and money market account(s).

SERVICES PROVIDED THROUGH USE OF ONLINE BANKING. Evergreen Bank Group offers its customers use of our Online Banking service.

Please see our Online Banking Agreement for details.

ELECTRONIC CHECK CONVERSION. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

LIMITATIONS ON TRANSACTIONS

TRANSACTION LIMITATIONS - DEBIT CARD.

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $500.00 through use of ATMs in any one day. You may make up to 35 withdrawals of cash through use of ATMs in any one day.

There is a daily limit for all ATM withdrawal transactions. For security reasons, specific dollar limits are disclosed at the time the Debit Card is issued. Evergreen Bank Group reserves the right to change dollar amount limits at any time upon prior notification.

POINT OF SALE LIMITATIONS. You may buy up to $1,000.00 worth of goods or services in any one day through use of our Point of Sale service. You can use our Point of Sale service for up to 35 transactions in any one day.

OTHER LIMITATIONS.

    • The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
    • We reserve the right to impose limitations for security purposes at any time.
    • If you would like to request a change to Cash Withdrawal or Point of Sale limits, please call 888-505-2265.

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.

TERMINAL TRANSFERS. You will get a receipt at the time you make an EFT transaction of more than $15.00 to or from your account at an ATM terminal or at a Participating Merchant. The receipt shall clearly set forth to the extent applicable:

    1. the amount involved and date the transfer is initiated;
    2. the type of transfer;
    3. the identity of your account with the financial institution from which or to which funds are transferred;
    4. the identity of any third party to whom or from whom funds are transferred; and
    5. the location or identification of the electronic terminal involved.

DOCUMENTATION AS EVIDENCE OF TRANSFER. Any documentation that is provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made to another person.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:

      • you can call us at (888)505-2265 to find out whether or not the deposit has been made.

USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER ("PIN"). In order to assist us in maintaining the security of your account and the terminals, the Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper withdrawal or transfer upon request.

Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify Evergreen Bank Group immediately if your Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Debit Card or to write your PIN on your Debit Card or on any other item kept with your Debit Card. We have the right to refuse a transaction on your account when your Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN via the telephone.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS.

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,

call us at: (888)505-2265 or

write to:  1515 W 22nd Street, Ste 100W, Oak Brook, IL 60523

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your Debit Card or PIN or internet banking access code has been lost or stolen,

call us at:          (888)505-2265 (24 hours a day, 7 days a week) or

write to:    1515W 22nd Street, Ste 100W Oak Brook, IL 60523

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

CONSUMER LIABILITY. Tell us AT ONCE if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN or internet banking access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code and we can prove we could have stopped someone from using your Debit Card or PIN or internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account (including your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING DEBIT CARD. The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Mastercard® branded card.

If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.

ILLEGAL USE OF DEBIT CARD. You agree not to use your Debit Card for any illegal transactions, including internet gambling and similar activities.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. In case of errors or questions about your electronic fund transfers,

call us at:  (888)505-2265 or

write to:    1515 W 22nd Street, Ste 100W, Oak Brook, IL 60523 or

email us at: www.EvergreenBankGroup.com

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact Evergreen Bank Group no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

    • Your name and account number.
    • A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
    • The dollar amount of the suspected error.

If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety

(90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.

We will tell you the results within three (3) 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.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. 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 as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

    • If through no fault of ours, you do not have enough money in your account to make the transfer.
    • If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
    • If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
    • If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
    • If we have terminated our Agreement with you.
    • When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
    • If we receive inaccurate or incomplete information needed to complete a transaction.
    • In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
    • If the funds in the account are subject to legal action preventing a transfer to or from your account.
    • If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS.

We will reimburse domestic ATM sur-charges if Free Rewards Checking monthly qualifications have been met.

DISCLOSURE OF ACCOUNT INFORMATION. You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release Evergreen Bank Group and hold it harmless from any liability arising out of the transmission of these messages.

We will disclose information to third parties about your account or electronic fund transfers made to your account:

  1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
  2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. If you give us your permission in a record or writing.

AMENDING OR TERMINATING THE AGREEMENT. We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.

SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

    • Have your Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
    • If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
    • If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
    • Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
    • If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
    • When using the machine, stand so you block anyone else's view from behind.
    • If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
    • Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
    • Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.
    • Report all crimes to the operator of the ATM and to local law enforcement officials immediately.

ADDITIONAL PROVISIONS

Stop Payment Charge see the Bank’s fee schedule for Stop Payment Charge

11. Online Savings Electronic Fund Transfer Disclosure and Agreement Policy

(Online Savings Account)

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

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills.

TERMS AND CONDITIONS. The following provisions govern the use of EFT services through accounts held by Evergreen Bank Group which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.

DEFINITION OF BUSINESS DAY. Business days are Monday through Friday excluding Federal holidays.

ELECTRONIC FUND TRANSFER SERVICES PROVIDED

SERVICES PROVIDED THROUGH USE OF AUTOMATED TELEPHONE BANKING. You may perform the following functions through use of Automated Telephone Banking:

    • You may initiate transfers of funds between your checking and savings accounts and savings and money market accounts.
    • You may make balance inquiries on your savings account(s).
    • You may make payments on loan account(s) that you have with us. For questions or more information, call us at: (888)505-2265

PREAUTHORIZED TRANSFER SERVICES.

    • You may arrange for the preauthorized automatic deposit of funds to your savings account(s).
    • You may arrange for the preauthorized automatic payments or other transfers from your savings account(s).

SERVICES PROVIDED THROUGH USE OF ONLINE BANKING. Evergreen Bank Group offers its customers use of our Online Banking service.

Please see our Online Banking Agreement for details.

ELECTRONIC CHECK CONVERSION. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

LIMITATIONS ON TRANSACTIONS

    • The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
    • We reserve the right to impose limitations for security purposes at any time.

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:

      • you can call us at (888)505-2265 to find out whether or not the deposit has been made.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS.

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,

call us at: (888) 505-2265

or

write to:  1515 W 22nd Street, Ste 100W, Oak Brook, IL 60523

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your internet banking access code has been lost or stolen,

call us at:  (888)505-2265 (24 hours a day 7 days a week) or

write to:    1515 W 22nd Street, Ste 100W Oak Brook, IL 60523

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

CONSUMER LIABILITY. Tell us AT ONCE if you believe your internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your  internet banking access code you can lose no more than fifty dollars ($50) if someone used your internet banking access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your internet banking access code and we can prove we could have stopped someone from using your internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account (including your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. In case of errors or questions about your electronic fund transfers,

call us at: (888)505-2265 or

write to:    1515 W 22nd Street, Ste 100W, Oak Brook, IL 60523 or

email us at: www.EvergreenBankGroup.com

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact Evergreen Bank Group no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

    • Your name and account number.
    • A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
    • The dollar amount of the suspected error.

If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety days for new accounts and foreign initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated transactions.

We will tell you the results within three (3) 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.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. 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 as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

    • If through no fault of ours, you do not have enough money in your account to make the transfer.
    • If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
    • If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or  interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
    • If we have terminated our Agreement with you.
    • If we receive inaccurate or incomplete information needed to complete a transaction.
    • In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
    • If the funds in the account are subject to legal action preventing a transfer to or from your account. There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS. We reserve the right to impose a fee and to change fees upon notice to you.

DISCLOSURE OF ACCOUNT INFORMATION. We will disclose information to third parties about your account or electronic fund transfers made to your account:

  1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
  2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. If you give us your permission in a record or writing.

AMENDING OR TERMINATING THE AGREEMENT. We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.

ADDITIONAL PROVISIONS

Stop Payment Charge see the Bank’s Fee Schedule for Stop Payment Fee

12.1 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.

Email

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.

12.2 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

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 22nd 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 22nd 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.

13. 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.

14. 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 - Rewards Accounts Only

Free

Star 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

Check(s) Deposited, Returned Unpaid - Chargeback Fee

$    10.00

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

Money Market/ Savings Account Excess Debit Charge (per item)

$    20.00

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

15. Privacy Policy

Rev. June 2014

WHAT DOES EVERGREEN BANK GROUP DO WITH YOUR PERSONAL INFORMATION?

Reasons we can share your personal information

Does Evergreen Bank Group share?

Can you limit this sharing?

For our everyday business purposes--

such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes

No

For our marketing purposes--

to offer our products and services to you

Yes

No

For joint marketing with other financial companies

No

We don't share

For our affiliates' everyday business purposes--

information about your transactions and experiences

No

We don't share

For our affiliates' everyday business purposes--

information about your creditworthiness

No

We don't share

For nonaffiliates to market to you

No

We don't share

 

Who we are

Who is providing this notice?

Evergreen Bank Group

 

What we do

How does Evergreen Bank Group protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Evergreen Bank Group collect my personal information?

We collect your personal information, for example, when you

  • Open an account or deposit money
  • Pay your bills or apply for a loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes - information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

 

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

Evergreen Bank Group does not share with our affiliates.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Evergreen Bank Group does not share with nonaffiliates so they can market to you.

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

Evergreen Bank Group doesn't jointly market.

{endAccordion

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