AGREEMENT AND RULES. Thank you for banking with Countryside Bank. Please keep this Agreement for answers when you need them.

Transcription

1 AGREEMENT AND RULES Thank you for banking with Countryside Bank. Please keep this Agreement for answers when you need them. 1. INTRODUCTION The following is a list of terms used throughout this Agreement and Rules (Agreement): Account means your Countryside Bank Certificate of Deposit (CD), Countryside Bank Individual Retirement Account (IRA) CD, any Countryside Bank checking account, money market account, or savings account. References to Savings Account includes any Countryside Bank savings account, but not any other account type. Reference to CD includes both CD and IRA CD, unless otherwise specified. We, Us, and Our refer to Countryside Bank. You and Your refer to each person or entity in whose name an Account is held or who has authority to operate the Account, as well as any permitted assignee or successor in interest to the Account. Business Days are Monday through Friday, excluding Federal Reserve Bank holidays. EFT means Electronic Fund Transfer, as defined in the Electronic Funds Transfer Act. 2. ELIGIBILITY To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying documents. We may make any inquiries we consider appropriate to help us verify your identity and determine whether we should open your Account. This may include verification of credit reports or other reports from Account information services and credit reporting agencies. Verifying your identity may delay Account opening. If you apply for an Account and we decline to open one as the result of a credit report, we will tell you the name, address and phone number of the credit reporting agency. We reserve the right to deny you an Account or close your Account for any lawful reason. Effective May 11, 2018, new rules under the Bank Secrecy Act will aid the government in the fight against crimes to evade financial measures designed to combat terrorism and other national security threats. Each time an account for a covered legal entity is opened or updated, we are required to ask you for identifying information, including but not limited to name, address, date of birth, social security number as well as identification documents for each individual that has beneficial ownership interest and one individual that has significant managerial control of the legal entity. If you are opening an account on behalf of the legal entity, you will be required to provide the appropriate documentation and to certify that this information is true and accurate to the best of your knowledge. 3. SIGNATURE CARD/SUBSTITUTE W-9 As a condition to open or maintain an Account with us, you must complete a W-9 Tax Certification or Signature Card/Substitute W-9 Form. If you fail to provide the completed certification, you may be subject to backup withholding, as set forth in Section 8(b), or we may close the Account and return the funds to you, without interest, by mail or other reasonable means as determined by us and you will not be entitled to any special incentives that may have been offered to you for opening an Account. 4. FDIC INSURANCE

2 Countryside Bank Accounts are insured by the Federal Deposit Insurance Corporation ( FDIC ) up to the maximum allowable limits. For more detailed information on FDIC coverage, contact the FDIC directly at ASKFDIC ( ), (TDD: ) or visit 5. INTEREST Our Interest rates can be accessed on our website at The rates offered can change at any time. 6. ACCOUNT OWNERSHIP You may own your Account in any of the following capacities: a) Individual Account An Individual Account is an Account held solely by one natural person. If you should die without naming someone to whom the funds in your Account should be paid (e.g., Payable on Death or In Trust For), the funds will become the property of your estate. b) Joint Account A Joint Account is an Account held by more than one natural person. A Joint Account will be established as a joint tenancy with right of survivorship. If a Joint Account is established without the signature of one of the joint owners, you agree to hold us harmless for our reliance upon your designation of the joint owner for whom a signature was not provided. Any funds deposited to a Joint Account by any of its owners shall be owned by all joint tenants. Each owner of a Joint Account may deposit into, make withdrawals or initiate transfers from, or issue stop payment orders with respect to the Joint Account without notice to or consent from any of the other owner of the Joint Account. Any action of one owner of a Joint Account shall be binding upon all owners of a Joint Account. We may act upon the direction of one or more owners of the Joint Account without notice to or consent from any other owner of the Joint Account. Each owner of a Joint Account is jointly and severally responsible and liable for the acts and omissions of each of the other owners of the Joint Account. Each owner of a Joint Account agrees to release us from all liability in connection with any payments we make to or at the instruction of any other owner of the Joint Account. Each owner of a Joint Account appoints each of the other owners of the Joint Account as his or her agent and attorney-in-fact with power to endorse and deposit items payable to him or her in the Joint Account. If an owner of a Joint Account makes adverse claims or demands concerning the Joint Account, we may, in our sole discretion, refuse to recognize such claims or refuse to take action until the rights of all interested parties have been resolved to our satisfaction and we are provided a copy of an agreement signed by all owners of the Joint Account. If an owner of a Joint Account dies, the balance in the Joint Account passes to the remaining owner(s) of the Joint Account as joint tenants with right of survivorship. c) Trust Account i. Formal Trust Account A Formal Trust Account is an Account established by a trustee appointed under a written trust instrument, such as a revocable living trust or testamentary trust. We may require you to provide a copy of the trust document or execute a Trustee Certification Form, which we will provide to you. We will act in reliance on the information contained in the Trustee Certification From, and we undertake no obligation to either you or any beneficiary for complying with the terms of the trust instrument. ii. Informal Trusts Payable on Death (POD) /In Trust For (ITF) Account A Payable on Death Account (sometimes called an In Trust For or Totten Trust Account) is an Account established by one or more natural persons naming one or more beneficiary(ies). Proof of death and additional documentation that all owner(s) are deceased is required prior to distributing funds to beneficiaries. If you establish an Account as trustee for a third person without presenting formal trust documents, we will treat the Account as an ITF Account. During their lifetime, the owner(s) of an ITF Account may deposit to and withdraw or transfer from the Account, close the Account, change beneficiaries at their discretion or take any other permitted action with respect to the Account as if the Account were an Individual Account or a Joint Account, as applicable. A beneficiary of the ITF Account is entitled to funds in the Account only if the beneficiary is living at

3 the time all owners have died. Upon our receipt of proof of death and additional documentation as required by us that all owners are deceased, the funds in the Account will be distributed evenly to each beneficiary (or to his or her representatives as applicable) who survives the owner(s). If no beneficiary survives death of the owner(s), title to the Account will vest in the estate of the last surviving owner. d) Custodial Account Illinois Transfer to Minors Act (ILUTMA) A Custodial Account is opened and maintained by an adult (the Custodian ) for the benefit of a minor, pursuant to the Illinois Uniform Transfer to Minors Act ( ILUTMA ). Funds deposited into a Custodial Account are irrevocably granted to the minor on the date of the gift and are then owned by the minor. The Custodian of the Custodial Account agrees to hold and use for the minor s benefit, any funds deposited into the Custodial Account. The minor will not have authority to withdraw funds from the Custodial Account nor cash checks against the Custodial Account. We have no duty to monitor or ensure that the Custodian is acting in the minor s best interest. Each Custodial Account may designate only one Custodian on behalf of one minor. e) Estate Account An Estate Account is an Account opened in the name of a decedent s estate by the estate s executor or administrator. f) Individual Retirement Account We offer Traditional and Roth Individual Retirement Account CDs. These Accounts are also governed by a separate IRA plan agreement and disclosures that we furnish to you at plan opening. The required forms must be completed and returned prior to funding. g) Guardianship Account A Guardianship Account is an Account maintained by a court-appointed guardian on behalf of a person who is either a minor or legally incapacitated (the Ward ). 7. FEES You agree to pay our standard fees and charges for your Account and related services. All fees will be automatically deducted from your Account. The Fees are set forth in separate fee schedules provided at Account opening. We reserve the right to change the fee schedule from time to time, subject to Section INCOME TAX REPORTING AND WITHHOLDING a) Taxpayer Identification Number We will use the TIN described below for income tax reporting purposes: i. Individual Account (including In Trust For Accounts and IRA Accounts): The social security number provided by the Accountholder. ii. Joint Account (including ITF Accounts): The social security number of the designated primary Accountholder iii. Custodial Account: The social security number of the minor. iv. Trust Account: The Employer Identification Number (EIN) of the trust, or if none, the social security number of a grantor. v. Estate Account: The EIN of the decedent s estate. vi. Guardianship Account: The social security number of the Ward. vii. Sole Proprietorship/DBA Accounts: The social security number of the sole proprietor. b) Completion of W-9 and W-8BEN If you accept the tax reporting responsibility of owning an Account, you must complete IRS form W-9. If you are the sole owner of the Account and you are not eligible to receive a social security number, per the IRS, you must complete IRS form W-8BEN. c) Backup Withholding We may be required by the IRS to withhold interest on your Account if you do not furnish us with your correct TIN and/or do not properly certify that you are not subject to backup withholding or if otherwise instructed by the IRS.

4 9. CHECKS a. Checks All checks and withdrawal forms for your Account must be provided by us or approved by us. We reserve the right to refuse to honor any checks drawn against your Account on which there is either no signature or a signature of questionable validity. We reserve the right to pay any check before the date you have written on it (i.e., a postdated check) or if it is more than six (6) months old (i.e. a stale check). b. Protecting Your Checks You must protect your checks and other account documents and information from theft and unauthorized use. You must write your checks in a way that prevents someone else from completing, altering or adding to them without your authorization. If you become aware that any check or other documents and information, such as statements, have been lost or stolen, you must notify us immediately. If you fail to do any of these things, such as leaving your checks where they can easily be stolen, we are not responsible for any losses that may result. c. Conditional Checks and Stale Dated Checks You agree not to write a check that s incomplete or tries to limit the time or method of payment with a condition, such as Void after 180 days or Valid only for $1,000 or less. We have no duty to discover, observe or comply with such checks. If we pay a conditional check, the conditions do not apply to us. We reserve the right to pay any check before the date you have written on it (i.e., a postdated check) or if it is more than six (6) months old (i.e. a stale check). d. Multiple Signatures We are not required to comply with any multiple-signature requirement, either on personal or business accounts, even if your signature card specifies that multiple signatures are required, or you have otherwise instructed us to do so. A multiple-signature requirement is for your internal control purposes only. e. Review of Checks and Signatures Check payment is highly automated, and we pay thousands of checks every day. Although we inspect some checks, you agree that reasonable commercial standards don t require us to do so. If we return a check because we believe it doesn t match your signature on file with us, we re not liable to you even if you authorized the check. If the numeric amount on a check doesn t match the amount written out in words, we may select either one when paying. We have no duty to prevent a check from being presented more than once. f. Preauthorized Checks You may allow a third party to create a check drawn against your Checking or Money Market Account by communicating your Account number to that party over the phone. However, if you choose to permit such a check, you agree: 1) to accept sole responsibility for ensuring that the amount of the check is both authorized and accurate; and 2) that we are not liable if we either pay or refuse to pay any check that you have authorized a third party to create if that check does not bear your signature. g. Check Conversion You may authorize a merchant or other payee to use your Checking Account or Money Market Account check as a source of Account information to initiate an electronic withdrawal from your Account. The merchant/payee uses the check information, along with the transaction amount, to initiate an Automated Clearing House ( ACH ) debit transaction. This type of transaction generally results in funds being withdrawn from your Account faster than a normal check transaction. A description of the transaction will appear on your Account statement from us. This type of transaction from a consumer Account is governed by the Electronic Fund Transfer Act and is subject to the Electronic Fund Transfer Disclosure provided when your Account was opened or upon request. h. Official Bank Checks If you request an Official Bank Check to be mailed to you, we may require such request be made in writing. i. Check Cashing by Non-Customers We will not cash any check that is drawn on an account at Countryside Bank when presented over the counter by a person who does not own a deposit account at Countryside Bank (a non-customer). If the check being presented by a non-customer can be verified through our Positive Pay service, we may choose to cash the check, but we are not required to. 10. DEPOSITS

5 a. General We reserve the right to refuse, limit or return any deposit. Any non-cash items deposited to your Account (including items drawn on us ) will be given provisional credit until final payment of the item. We will rely on the account number on any deposit slip or similar record we receive, even if that account number is associated with a name that s different from the name you ve provided. It is not our responsibility to detect any inconsistency between the account number you provide and the name. We will correct any errors in your deposits, including both counting and footing errors, and post the corrected amount to your Account. You agree to indemnify and hold Countryside Bank harmless against any losses resulting from nonpayment of any item cashed against or deposited into your Account and against all losses due to any preauthorized credit to your Account that we do not receive. These losses include, but are not limited to, all related costs, expense and reasonable attorney fees (including the cost of any attorney employed by us). If the bank that sent an electronic deposit to your account tells us it was a mistake, or was intended for another customer or account, we may deduct the amount from your balance without investigating. Countryside Bank will not be construed to have received items sent by mail or placed in the night depository or in the automated teller machine (ATM) until the Bank has either received actual delivery of the same from the U. S. Post Office or has removed the same from the said depository. Items placed in the depository will be removed and provisionally credited no later than the next business day. During the period while such items are lodged in the depository, the Bank shall be deemed a gratuitous Bailee in respect to such items. b. Checks i. Checks Generally Checks submitted for deposit must be payable to you and properly endorsed by all parties. We are not bound by any conditional or restrictive endorsements on a check you cash or deposit, or by any endorsement without recourse. If a check is not endorsed properly and it causes us a loss, cost or expense, you have to pay that amount to us. Third party checks are not accepted for deposit. Checks will be posted on the Business Day of receipt and funds will be made available as indicated in the Countryside Bank Funds Availability Disclosure, provided at Account opening or upon request. You may be eligible to deposit checks using your mobile phone. Mobile check deposits are subject to the Consumer Online Banking Agreement or Treasury Management Master Agreement and RDC Agreement, as applicable. If you deposit a check that is returned to us unpaid, we will deduct the amount of the returned check from your Account balance, or if the check is returned for insufficient or uncollected funds, we may re-present the check for payment a second time without notice to you. At our option, the check may be re-presented electronically by us. ii. Foreign Checks We reserve the right to refuse items payable in foreign currency or drawn on a foreign bank located outside the United States ( Foreign Item ). If we accept a Foreign Item, we may accept it for collection only and you bear all risks associated with the collection of the item, including any fees associated with collection and any exchange rate risk. We may not credit funds from a Foreign Item to your Account until the first Business Day after we receive final payment for such funds from the paying bank. In addition, if we decide to provisionally credit your Account before receiving final payment, we may reverse such provisional credit at any time until we receive final payment for such item from the paying bank. If we reverse a provisional credit, you will be responsible for the amount of such reversal and any fees due and owing arising out of or resulting from such reversal. The Countryside Bank Funds Availability Disclosure does not apply to Foreign Items. The paying institution determines if and when it will pay a Foreign Item that we accepted for collection. 11. WITHDRAWALS All withdrawal requests made in person will require presentment of valid, government issued identification. A valid driver s license, state identification card, or passport are all acceptable. All withdrawal requests made through correspondence require a notary or a signature guarantee. a. Posting Order Transactions are posted in the following order: deposits are posted first, followed by debits in the following order: internet banking transfers, telephone banking transfers, ATM debits (at machines not owned by Countryside Bank), over the counter checks drawn on Countryside Bank ( on us checks), ATM debits (at machines owned by Countryside Bank), point of sale card transactions (signature based), ACH debits, point of sale debit card transactions (PIN based), incoming checks in check number order, from lowest to highest check number.

6 b. Insufficient Funds We will not pay or honor any withdrawal or transfer, claim or other amount due and owing against your Account if there are insufficient funds to satisfy the full amount. An insufficient funds fee will be assessed against your Account when debit transaction(s) are received and there are insufficient funds in your Account to pay the transaction(s). c. Large Cash Withdrawals We may place reasonable restrictions on when and how you make any large cash withdrawal. We may also require that you sign a document releasing us from any liability if you are robbed or assaulted. We may refuse the withdrawal request if you do not agree with these conditions. d. Suspicious Withdrawals We reserve the right to decline any withdrawal if we suspect fraud or possible illegal activity affecting your Account. 12. WIRE TRANSFERS a. Incoming Wire Transfers Incoming wire transfers are accepted through Federal Reserve Wire Network for domestic wire transfers and through a correspondent bank for international wire transfers. We reserve the right to verify or authenticate any incoming wire transfer and to refuse to honor any incoming transfer if we, in good faith, believe the transfer to be fraudulent or otherwise improper or illegal. Please call us or visit our website for the most current wire transfer instructions. b. Outgoing Wire Transfers Outgoing wire transfers from your Account to another financial institution may be made upon written request in person during business hours. All requests must include complete beneficiary accountholder and receiving bank information as required on our form. i. We reserve the right to verify or authenticate any request for a wire transfer and to refuse to honor any request if we, in good faith, are unable to verify that the individual requesting such transfer has the authority to do so. ii. Requests received and verified at or before 3:00pm Central Time on a Business Day will be processed as of that Business Day. Wire transfer requests received and verified after 3:00pm Central Time on a Business Day, or at any time on a day that is not a Business Day, will not be processed until the next Business Day. 13. STOP PAYMENT ON CHECKS Notice of stop payment may be given by phone or in writing. A stop payment order will be effective if we receive the stop payment order at such time and in such manner that we have a reasonable opportunity to act upon the request. Any stop payment order must specify the exact amount, Account number, payee, date and sequence number of the item. Check stop payments are not guaranteed until midnight of the Business Day following the day the stop payment was placed. Our acceptance of a stop payment order will not constitute a representation that the check has not already been paid or that we have a reasonable opportunity to act upon the order. Further, you may not stop payment on a check after acceptance of the check by us. We may send you a written confirmation of your stop payment. We may rely on the information in the confirmation unless you notify us immediately of any errors. When the stop payment order expires, we may pay the item and have no duty to notify you. Unless released by you in writing prior to expiration, stop payment orders are effective for six (6) months on paper checks. We are not required to accept a stop payment on a cashier s check, loan check or any other check drawn from an Account owned by Countryside Bank, unless you provide us a sworn statement in a form we deem acceptable that the check is lost, stolen or destroyed. After you place a stop payment, we are not required to refund the check amount or issue a replacement check until at least 90 days after the issue date. We are not required to refund the check amount or issue a replacement check if the check is presented for payment within 90 days after the issue date. IF WE FAIL TO STOP PAYMENT ON A CHECK FOR WHICH A TIMELY REQUEST IS MADE, OUR LIABILITY IS LIMITED TO THE FACE AMOUNT OF THE CHECK. 14. ACH AND WIRE TRANSFERS This agreement is subject to Article 4A of the Uniform Commercial Code Funds Transfers as adopted in Illinois. If you originate a funds transfer you must identify by name and number a beneficiary financial institution, an

7 intermediary financial institution or a beneficiary. We and every receiving or beneficiary financial 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. You agree to be bound by automated clearing house association rules issued by the Electronic Payments Association ( NACHA ). The NACHA rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such a payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit. 15. DEBIT CARDS Countryside Bank offers both Consumer debit cards and Business debit cards. a. By activating your Consumer debit card or performing a transaction with your Consumer debit card you agree to be bound by our Consumer Debit Card Agreement. b. We may, from time to time, accept verbal instructions to make changes to your Business debit card including, but not limited to, changes in daily limits. You agree that your verbal instruction will be the same as your written instruction regarding your Business debit card. 16. ACCOUNT TRANSFER OR ASSIGNMENT Your Account is neither transferable nor negotiable. We reserve the right to refuse to allow you to change, add or delete your name or the names of other accountholders. Assignment of your Account, or any portion of the funds on deposit therein, is prohibited and will not be recognized for any reason, including the provision of collateral. You are prohibited from granting a security interest in an Account without our prior written consent. 17. STATEMENTS Each month we will send you a statement of your Checking, NOW or Money Market Accounts. Savings Accounts and IRA Accounts will receive quarterly statements. There are no separate statements for CD Accounts. For our mutual protection, notify us of any discrepancies or improper charges to your Account within 14 days after we mail or otherwise make the statement available to you. Except as otherwise provided by law, failure to notify us of any discrepancy within the prescribed 14 days constitutes acceptance of the statement as correct. We shall send the statements as well as any other communication to your most recent address appearing on our records. Should a statement remain unclaimed or undeliverable for whatever cause, we may discontinue sending statements until we are instructed otherwise by you. 18. RIGHT OF SET-OFF If you owe us or our affiliate(s) money under any agreement, now or in the future ( Debt ), you grant us (and our affiliate(s), as applicable) a security interest in all of your Accounts in which you have an interest, to secure the Debt, plus reasonable attorney fees and costs incurred by us (and our affiliate(s), as applicable) in connection with the Debt. If the Debt is due, we may exercise our right of set-off and our rights in the security interest and satisfy the Debt, without giving you prior notice, by withdrawing funds from such Account(s) and applying them to the Debt, fees, and costs. We may exercise these rights even if the withdrawal leaves insufficient funds in your Account(s) to pay outstanding checks or other items, or results in an early withdrawal fee being assessed against your Account(s). We may withdraw funds from a Joint Account to pay a Debt of any Joint Accountholder. We will not exercise these rights to pay a credit card Debt, by using funds in an IRA or where otherwise prohibited by law. 19. RESTRICTING YOUR ACCOUNT There are many reasons we may decline or prevent transactions to or from your Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Account. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Account, or we may remove funds from your Account to hold them pending investigation, including in one or more of the following circumstances:

8 Your Account is involved in any legal or administrative proceeding; We receive conflicting information or instructions regarding Account ownership, control or activity; We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s); We suspect that any transaction may involve illegal activity or may be fraudulent; We are complying, in our sole judgment, with any federal, state or local, law, rule or regulation, including economic sanction rules and anti-money-laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or We reasonably believe that doing so is necessary to avoid a loss or to reduce risk to us. We also may limit cash deposits to or withdrawals from your Account (or all of your Accounts collectively) in a single transaction or total withdrawals or deposits during any period of time, or who may make deposits, in order to reduce risk and/or enhance our efforts to comply with applicable law. We will have no liability for any action we take under this section. 20. POWER OF ATTORNEY If you wish to designate another person (your Attorney-in-Fact ) to transact on your Account on your behalf, you must deliver a Power of Attorney (POA) form that complies with applicable law and the requirements of this section. Subject to applicable law, Countryside Bank may decline to honor a POA for any reason. Countryside Bank will honor a POA only if it: Names only one person as the Attorney-in-Fact; Is signed and dated by the Account Owner appointing the Attorney-in-Fact and by a notary public; Is general (as opposed to limited to specific acts) and durable (survives your disability or incapacity). We have no duty to monitor POA Accounts or the status of the Attorney-in-Fact or the Principal, nor do we have any duty to monitor or ensure that the Attorney-in-Fact is acting in the Principal s best interest. We may require the Attorney-in-Fact to execute, periodically throughout the Account relationship, an affidavit form we will provide attesting that the POA is valid, is currently in effect and that no other events have transpired that would invalidate the POA. An Attorney-in-Fact is not an owner of the Account and does not have an FDIC-insurable interest in the Account. The Attorney-in-Fact must notify us immediately upon learning of the principal s death. 21. DEATH OR MENTAL DISABILITY The Account will remain active and open with withdrawals and deposits accepted until Countryside Bank is notified of a death or infirmity. After notification, Countryside Bank may place a hold on the Account pending receipt of the proper legal documents. If 90 days after notification of death, the deceased individual remains listed as an account owner, Countryside Bank may remove the deceased individual from ownership on the account. This action may have adverse tax consequences. 22. ACCOUNT CLOSURE You can close your Countryside Bank Account at any time by notifying us in writing. We can close your Account at any time for any reason including if the balance in your Account is zero. At Account closure, funds on deposit will be disbursed in a method determined by us and will be made payable to the primary Accountholder of record. If any transactions are received after the Account is closed, they will be rejected, and debit transactions will be returned unpaid. If an Account is closed before interest is credited, you will not receive the accrued interest, unless otherwise required by law. Closed Accounts remain subject to the other provisions of this Agreement. We may advise consumer reporting agencies and other third parties of an Account that is closed for misuse, as permitted by law. 23. AMENDMENTS AND ACCOUNT CHANGES We may amend this Agreement at any time. We will give you at least 30 days written notice if any amendment adversely affects you. If you are unwilling to agree to such amendments, you have the right to close your Account prior to the changes taking effect, subject to any Early Withdrawal Fees. Your continued use of the Account after the effective date of the change constitutes your agreement to any amendment. Notices will be sent to the most recent address shown on our records for your Account. Any notice to one Account owner constitutes notice to all Account owners. It is your responsibility to notify us of any change in your address or name or if an Account owner dies.

9 24. WAIVERS No delay in our exercise of our rights, powers or remedies will affect your obligations under this Agreement. If we waive any of the provisions of this Agreement, such waiver will only apply on that occasion. 25. LEGAL PROCEEDINGS We may comply with any writ of attachment, adverse claim, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid and we may restrict use of your Account if it is subject to any legal proceedings. We shall be entitled to rely upon the representations, warranties and statements made in such legal processes. You agree to hold us harmless and indemnify us for any losses, expenses and costs, including attorneys fees, incurred by us as a result of complying with such legal proceedings. In the event of your death, we will not release funds on deposit until all legal documents we require are delivered to us. We may pay all or any part of the funds in the Joint Account to a court or governmental agency upon receipt of a garnishment, order, tax levy or similar legal process identifying any one or all of the owners of the Joint Account. 26. ABANDONED ACCOUNTS If we have not had contact from you, there is no activity on your Account and you have not otherwise indicated an interest in the Account for the period time specified under Illinois law, we may presume that the funds in the Account have been abandoned and we may deliver the abandoned funds to the state of Illinois. A Checking Account will be considered inactive if there have not been deposits or withdrawals for a period of twelve months and considered dormant after one year. Savings Accounts will be considered inactive if there have been no deposits or withdrawals for a period of two (2) years and considered dormant after three (3) years. If you have not used your Account for three (3) years, and we have not been able to contact you, Illinois law requires us to deliver the funds currently on deposits to the state of Illinois as abandoned property. 27. SEVERABILITY Any term contained in this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law or regulation, shall not affect the validity or enforceability of the remaining terms. 28. TELEPHONE COMMUNICATIONS You agree that Countryside Bank and its affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you. 29. LIMITATION OF LIABILITY YOU AGREE THAT WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAD ADVANCE WARNING OF THE POSSIBILIT OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS FEES. 30. DISPUTES You agree that if you have a claim or cause of action against us for any reason, you must file suit against us within one (1) year after that claim or cause of action arose or that claim or cause of action will be forever barred. It is also agreed that if, for any reason, we are found to be liable to you, we shall only be liable for your actual losses and/or damages and not for any special, punitive or consequential losses or damages, including, but not limited to, loss of profits or opportunity. It is specifically agreed that the venue for any suit brought against us must be in the state or federal courts located in either Cook or DuPage or Will counties in the State of Illinois. 31. ENTIRE AGREEMENT; GOVERNING LAW. This Agreement, together with any amendments of these terms or other agreements with respect to specific products or services that we provide you concerning your Accounts and related products and services, governs the terms and conditions of your Accounts with Countryside Bank. Please read and keep this Agreement for your records. You accept this Agreement by opening or using an Account. This

10 Agreement supersedes any prior oral or written communications that you may have had with us. The headings contained herein are provided for convenience only and are not substantive terms. Except where noted, your Account and this Agreement are governed by Illinois and Federal law. If Illinois and Federal law are inconsistent, or if Illinois law is preempted by Federal law, then Federal law governs.