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Change in Terms -DADA

DEPOSIT ACCOUNT DISCLOSURES AND AGREEMENT (DADA)

This Agreement applies to all personal and business deposit accounts established by you with us at this time and at any time in the future. In this Agreement, the terms “you” and “your” refer to each depositor, and the terms “us,” “we,” and “our” refer to the Bank. By signing the signature card or otherwise providing your consent, you agree to be governed by the terms and conditions of this Agreement and any other disclosures, agreements and schedules that we may provide to you, or in the case of additional account related products and/or services, the applicable terms and conditions of any such products and/or services. If there is a conflict between this Agreement and the disclosure, agreement or schedule for a particular product and/or service, the document for the specific product and/or service will govern. We will treat all information on the signature card as correct, until you notify us in writing to the contrary. This Agreement supersedes any prior account agreement you received from us.

This Agreement contains an arbitration provision to be followed in the event of any disputes between you and us in connection with your account(s) or the agreements related thereto. Please read the “Arbitration” section on Page 6 of this Agreement. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION.

IMPORTANT DEFINITIONS. Below are definitions of some important terms that are used throughout this Agreement:

“Account” means any deposit account you have with us, such as a checking account, savings account or money market account that is covered by this Agreement.

“ACH” refers to any automated clearing house which processes credits and debits through an electronic network.

“ATM” refers to an automated teller machine.

“Business Day” means every day except Saturdays, Sundays or federal holidays.

“Check” means a check, draft or negotiable instrument drawn on, payable through or at, or processed by, a depository institution. The term “check” includes any check transmitted as an electronic image or a substitute check.

“Checking Account” means one or more demand deposit accounts maintained by you with the Bank.

“Item” means any debit (withdrawal or transfer) or credit (deposit or transfer) by/of a check (paper or electronic), ACH, ATM, Check Card, Voice/Telephone Response Unit, online banking or other technologies/means as provided by or processed by the Bank from time to time.

U.S. TAX IDENTIFICATION NUMBER (SOCIAL SECURITY NUMBER; EMPLOYER IDENTIFICATION NUMBER). You agree to provide us with your U.S. Tax Identification Number or evidence of exemption satisfactory to the IRS when you open an account with us; failure to do so may subject you to backup withholding. We have certain reporting obligations under federal law.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you as an individual: When you open an account, we will ask for your name, street address, date of birth, U.S. Tax Identification Number, and other information that will allow us to identify you.

What this means for you as a business: When you open an account, we will ask for your business name, street address, U.S. Tax Identification Number, and other information that will allow us to identify you.

If the information we require is not received within 30 days of account opening, we will close your account. Early withdrawal penalties may apply.

FEES AND CHARGES. You agree to pay service, maintenance, withdrawal, check printing, check cashing, and other charges, expenses, costs and penalties negotiated or disclosed in the application, fee schedules, agreements, or this Agreement, as established by us from time to time. You acknowledge receipt of the fee schedule. You also agree to reimburse us for expenses, costs, fees and charges incurred in searching for, reproducing and transporting books, papers, records and other data, including photocopy and hourly fees, to comply with subpoenas or other legal orders or your requests. You authorize us to deduct these fees, charges, expenses, costs and penalties from your account or a related account even if they create an overdraft and without further notice. You agree that we may charge a fee to a payee or indorsee on a check drawn on your account who is not a customer of ours and request identification satisfactory to us for cashing the check at our Bank.

DEPOSITS. Items received after our established cut-off hours may be treated as having been deposited or received on our next business day. Items received for deposit outside of scheduled banking hours or on a non-business day may be handled in the same manner. Items deposited to your accounts may be charged against any account of yours with us if for any reason final payment is not received in a form acceptable to us. We and our agents may send items directly or indirectly to any other institution for collection or payment. You waive presentment, demand, notice of dishonor and protest for any item deposited to the account. We reserve the right to refuse to accept items for deposit, to limit the amount of deposits, and to limit the maximum or minimum balance that may be maintained in the account.

You agree that any item you deposit that is returned due to a missing endorsement may be reprocessed by us at our discretion and without notice to you if the form of the endorsement required may be supplied by us. You agree to comply with the endorsement zone restrictions established by us. Until further modified by us, you may endorse any check for deposit by signing the back of the check in the area within 1½ inches of the trailing edge of the check. (The trailing edge is the left side of the check looking at it from the front.) If you write or mark anywhere on the back of any check other than within this area, you will be responsible to us for any losses to us which are caused by these writings or marks.

You authorize us to initiate automated credit entries to the accounts and to initiate, if necessary, debit entries and adjustment for any credit entries made in error to the accounts. With respect to such entries, you agree to be bound by the rules of the National Automated Clearing House Association (“ACH Rules”). Automated credit entries made to the accounts are provisional under the ACH Rules until we have received final settlement or otherwise have received payment, and we are entitled to a refund of the amount credited to any account if such settlement or payment is not received by us. Under the ACH Rules, we are not required to give you next day notice of receipt of an ACH item and we will not do so. However, we will notify you of the receipt of payments in the periodic statements we provide to you.

When we take an item for collection, we act only as your collecting agent. We are not responsible for an item lost while not in our possession. We are not responsible for any deposit made using our night depository service or sent to us by mail until we enter the deposit into our records.

BUSINESS ACCOUNTS ONLY

RE-DEPOSIT OF RETURNED CHECKS. To help facilitate the prompt re-deposit of returned checks, you authorize us to re-deposit for collection, items which are originally returned unpaid after the first attempt to obtain payment. You understand and agree that we may re-deposit the items for collection directly or through the use of a third-party collection agency. To expedite the re-deposit process, you authorize us to re- deposit such items without providing you notice, including any notice otherwise required under Regulation CC. Further, we may, in our sole discretion, re-deposit items through ordinary check processing channels or through alternative means, including, without limitation, electronically through the automated clearing house (ACH) network.

COLLECTED FUNDS. We may refuse to issue a certificate of deposit in exchange for a check drawn on uncollected funds.

WITHDRAWALS. You may withdraw funds from your accounts by using forms furnished or approved by us and by such other means as may be permitted by us. Printed checks/drafts must conform to ANSI X.9 (American National Standards Institute) specifications as related to MICR (Magnetic Ink Character Recognition) and Image quality standards and must contain a unique check/draft identification number as part of the encoded MICR line. We shall not be liable to you for accepting or paying any check or other item drawn on your account by reason of its date, legends, limitations, restrictions or other special instructions such as “void after 30 days,” unless we expressly agree in writing to the special instructions prior to your issuance of the check or item. Fees for postdated check notices may be charged. We will not have a duty to act on a postdated check notice until you have given us both the number and the exact amount of the item as well as the date it was written and the name of the payee, and we have had a reasonable opportunity to take action prior to payment of the item. The number and amount must be exactly correct to enable our computer system to match the item to your postdated check notice. We may return and not pay postdated items regardless of when we receive them. All oral notices will expire after 14 calendar days from the date we receive the notice unless you confirm the notice in writing to us at our address within the 14-day period. Written notices will be effective for six (6) months from the date of the written notice unless you renew the notice in writing to us at our address for another six (6) months. We are under no obligation to you to pay an item other than a check certified by us, which is presented more than six months after its date, but we may charge your account for a payment made thereafter in good faith. Your liability on a check or item shall not be released by our certification of the check or item.

We may pay any check or item drawn on the account which contains your signature whether or not the form of the signature is the same as that shown on the signature card given to us, and any other item authorized by you, including electronic represented check entries. We may return unpaid any item that does not contain a signature reflected on any account records signed by you, unless you have communicated to us in advance of the presentation of the item that the item should be paid. If we agree to pay items drawn on the account which bear or appear to bear a facsimile of your signature, we may pay these items, whether or not they are in fact authorized by you, as long as the facsimile signature they contain resembles any specimen or sample facsimile signature which you have given to us. You also agree that we will not be responsible if we pay any item which has been forged, altered or counterfeited regardless of by whom or by what means including electronic or photostatic copying, in a way that a reasonable person could not detect. In addition, you agree not to operate your account in a noncustomary manner, including but not limited to, issuing instruments in nonsequential order, or issuing duplicate serial numbers. You agree that if we take an item for processing for collection or payment by automated means, we are not required to manually examine the item.

If we have reason to believe that a dispute or uncertainty exists as to the rights, powers, duties or authority of any one of you or any other signer to an account or their successors, we may, but shall not be required to, refuse to permit withdrawals, pay items or recognize the authority of any signer, including any agent.

Transfers of funds between accounts directed via telephone may be made by the same persons under the same conditions generally applicable to transactions made in person. We may act upon a telephone request made by any person representing himself or herself to be you and we shall not be liable if the request was not authorized, except as may be provided by law. We may refuse to process a telephone transfer. A telephone transfer fee may be charged for each transaction in accordance with the fee schedule. On interest-bearing accounts, we may at any time, require seven days prior written notice of your intent to withdraw funds from the accounts.

We participate in an electronic check presentment program. We may receive an electronic presentment notice from a financial institution where a check you made was presented. When we receive the presentment notice, we may immediately charge your account for the amount of the item. If, upon presentation, we determine that the check is not properly payable, we will return the check and re-credit your account for the amount of the check. With respect to automated entries, you agree to be bound by the ACH Rules.

SIGNATURE REQUIREMENTS. You agree that our use of electronic processing and automated payment of checks without manual verification of signatures, or other examination, is a procedure that does not vary unreasonably from general banking usage and constitutes ordinary care by us in paying checks. We will have no responsibility for reviewing the number or combination of signatures on any item drawn against an account. Unless we expressly agree in writing with you, even if you have indicated that more than one signature is required in connection with an item drawn on an account, you authorize us to honor or pay an item through the account contrary to the signature requirements you have specified, provided at least one of the required signatures appears on the item.

REFUSING PAYMENT. If one of your checks, other items including, without limitation, represented electronic check entries, requests for telephone transfer or preauthorized payment comes to us for payment and there are not enough available funds in your account or the item is improperly signed or contains any other irregularity, we have the right, but not the obligation, to return it unpaid and if it overdraws your account, we have the right to charge all or part of the deficiency to any account you may have with us, or use any other collection remedy. Having taken this action in the past does not obligate us to take the same action in the future. Each of you agrees to be jointly and severally liable for any account deficiency resulting from charges or overdrafts to the account, whether caused by you or another person authorized to withdraw from the account, together with any costs we incur to collect the deficit, including reasonable attorneys’ fees, to the extent not prohibited by law. We reserve the right not to permit withdrawals until a properly signed signature card is received.

MERCHANT HOLDS ON DEBIT CARDS. For certain transactions, we may place a temporary hold on your account equal to the authorization amount submitted by the merchant, which may affect available balances for the purpose of authorizing other transactions or paying items posted to your account. Since the merchant may not know the actual amount of the transactions (for example, car rentals or restaurant purchases) at the time of the authorization, the authorization amount may be different than the actual amount of the transactions.

ORDER OF POSTING. We reserve the right to process and post withdrawals from your account in any order we determine, regardless of the manner and order in which you make those withdrawals. This includes withdrawals made at an ATM, point-of-sale purchases (e.g., debit card transactions), checks, telephone transfers, online banking transactions, preauthorized payments and any other means we make available to you. The order in which you make withdrawals from your account will not be the same as the order in which we post these transactions to your account, and this posting order may affect whether you incur overdraft fees or fees for insufficient or unavailable funds.

Generally, for consumer accounts, we will process and post transactions to your account at the end of each business day in the following order. Any deposits and other credits that we receive during our regular banking hours will be posted to your account first starting with the highest dollar amount and moving to the lowest. Then, any withdrawal and payment transactions that we receive that same business day will be posted to your account in the order of the following categories, and within each category, in descending order from the highest to lowest dollar amount (unless otherwise provided): (1) wire transfers and overdraft fees; then (2) in- person withdrawals, bank-initiated debits, including preauthorized recurring transfers, internal transfers between accounts you have with us, loan and other payments to us, and certain fees, such as ATM fees and closing account fees; then (3) ATM and point-of-sale transactions (e.g., debit card transactions), except that if card transactions are presented to us with an authorization date and time stamp, such transactions will be processed in order from the earliest transaction to the most recent; then (4) ACH transactions; then (5) check transactions, which will be processed based on the number on the check, from lowest to highest, regardless of when the check was written or the amount of the check (if a check number is not available, numbered checks will be processed first, and any remaining checks will be processed based on the amount of the check, from highest to lowest); and then (6) any maintenance fees, stop payment fees, services charges, other fees that you owe us, and other debits not previously identified above. We may change our processing and posting orders at any time without notice to you. Notwithstanding anything to the contrary in this paragraph and subject to applicable terms and disclosures, instant payment transfers that we receive will generally be posted immediately within seconds of the selected transfer date, 24 hours a day, 7 days a week, including weekends and holidays.

Generally, for business accounts, we will process and post transactions to your account at the end of each business day in the following order. Any deposits and other credits that we receive during our regular banking hours will be posted to your account first starting with the highest dollar amount and moving to the lowest. Then, any withdrawal and payment transactions that we receive that same business day will be posted to your account in the order of the following categories, and within each category, in descending order from the highest to lowest dollar amount (unless otherwise provided): (1) wire transfers and overdraft fees; then (2) in-person withdrawals, bank-initiated debits, including preauthorized recurring transfers, internal transfers between accounts you have with us, loan and other payments to us, and certain fees, such as ATM fees and closing account fees; then (3) ATM and point-of-sale transactions (e.g., debit card transactions), except that if card transactions are presented to us with an authorization date and time stamp, such transactions will be processed in order from the earliest transaction to the most recent; then (4) ACH and check transactions; and then (5) any maintenance fees, stop payment fees, services charges, other fees that you owe us, and other debits not previously identified above. We may change our processing and posting orders at any time without notice to you. Notwithstanding anything to the contrary in this paragraph and subject to applicable terms and disclosures, instant payment transfers that we receive will generally be posted immediately within seconds of the selected transfer date, 24 hours a day, 7 days a week, including weekends and holidays.

REVERSAL. You may have the right to reverse any debit to your account sent by ACH that was not authorized by you. If you are an individual and want to reverse a debit, you must provide us a signed affidavit within 60 days of the date we send a periodic statement, where you will declare and swear under oath that the debit was not authorized by you. If we receive your affidavit within the 60-day timeframe, we will re-credit your account for the amount of the payment. This right of reversal is in addition to your right to stop payment. If you are a business, you have 24 hours to notify us of an unauthorized debit, and will also be required to provide us with a signed affidavit.

CUT-OFF HOUR FOR CHECKS. Any knowledge, notice, stop payment order or legal process comes too late to modify our right or duty to pay a check or charge your account for the check if received by us after 10:00 a.m. Central Time on the business day after the business day on which we received the check or prior to that time if we do not have a reasonable time to act upon the knowledge, notice, stop payment order or legal process.

STATEMENTS. A statement of account will be sent to you on a date chosen by us. Unless prohibited by law, we reserve the right to establish the statement interval period. We may discontinue sending statements if an account becomes inactive. We may send one statement that combines account information for accounts which have the same mailing address in our files and either have owners with identical last names or are otherwise linked or related for purposes of obtaining some benefit. We may send combined statements addressed to any one of you. Except as otherwise required by law, all statements, notices, canceled checks, and other materials shall be considered correct and all items listed on the statement shall be considered properly charged to an account unless you notify us of any error. All statements, notices, canceled checks and other items must be examined by you promptly upon receipt. You must notify us of an unauthorized or missing signature or alteration within a reasonable time after we send or make available to you your statement or checks. If your account is a personal account, a reasonable time is not more than 30 days; if your account is a non-personal account, a reasonable time is not more than ten (10) days. You must also notify us of any other account problem, including an erroneous statement, unauthorized or missing endorsement or improper charges within 30 days of the date we send or make available to you your statement or checks.

Based upon the type of account you select or our receipt of instruction from you, your checks may be retained by us or others in the check collection process and not returned to you with your statements. If we make such a check retention plan available to you, the original checks or copies of images of them will be available for a period of 60 days after posting them to your accounts. After 60 days, we may destroy the original checks or copies and images and use reasonable care to maintain legible records for seven years after receipt of the check or image, during which time you may examine the records. Photocopies are available to you for a fee. Our responsibility for furnishing copies of items is limited to those items which are legible and available.

STOP PAYMENT ORDERS. Stop payment orders initiated through our Consumer and Business eBanking services, via telephone, or in person are effective until one of the following occurs, unless timely renewed by another confirmation requested by you for another six (6) months; 1) the item is submitted for payment and stopped as requested; 2) the item has exceeded the six (6) month expiration time frame (Note: A stop payment order on a revoked consumer ACH item has no expiration date); or 3) the stop payment order is revoked by you. Stop payment orders must include the account number, the number and date of the check, the name of the payee and the exact amount. Stop payment orders received after regular banking hours shall be deemed received at the opening of business on the next business day. We are not required to honor any stop payment order unless we have a reasonable opportunity to act prior to the earlier of our payment of the item (or in the case of a revocation, our refusal to pay the item) or 10:00 a.m. Central Time on the business day after the business day we receive the item. If you have authorized us in advance to make regular payments out of an account, stop payment orders must be received by us at least three (3) business days before the next payment is scheduled to be made. If we pay the check or debit despite your timely stop payment order, the payment will stand unless you show us the check or debit was unenforceable. If we re-credit your account after paying a check or debit over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person.

By placing a stop payment order, you direct and request the Bank to stop payment on the described item. You further agree to indemnify and hold the Bank harmless from any and all claims, liabilities, costs and expenses, including, but not limited to, court costs and reasonable attorney fees, resulting from the Bank’s refusal to pay, or payment of, the item. The Bank is not liable to you if it pays the identified item so long as the Bank acted in good faith or exercised ordinary care. Our records will prevail in the event of a difference between your records and our records regarding your stop payment order.

OFFICIAL CHECKS. If you ask us to stop payment on a lost, destroyed or stolen cashier's check or other official bank check of which you are the remitter or the payee, or a lost certified check of which you are the drawer or payee, we will require a declaration of loss from you. We must be given a reasonable time to act on the declaration before the item is paid. Your claim is not enforceable until the later of the 90th day after we issued or certified the check or the time at which your claim is asserted. Until that time, we will pay the check to any person entitled to enforce it. Our payment of a check to a person entitled to enforce it discharges us of all liability with respect to the check. Such person may have a claim against you after we have paid you.

UNAUTHORIZED USE. If you furnish another person with checks or other means of access to your account, all transactions completed by this person shall be deemed authorized until you give us notice that additional transactions are unauthorized. Until such notification is received by us, any misuse of lost or stolen checks shall be your sole responsibility.

ILLEGAL TRANSACTIONS AND INTERNET GAMBLING. If we reasonably believe a transaction is prohibited or involves other illegal activities, we reserve the right to refuse a transaction, or we may freeze or close your account. Under the Unlawful Internet Gambling Enforcement Act, transactions that fund illegal Internet gambling are prohibited. This applies to all transactions, regardless of whether they involve checks, debit or credit cards, electronic funds transfers, wires, or other forms of payment. You agree that you will not use your account to participate in any illegal transactions.

LOST OR STOLEN RECORDS. You shall immediately notify us verbally and in writing if a checkbook or a savings book or any other card, code, check or form permitting access to or evidencing your accounts is lost, stolen, destroyed or in the hands of a person not entitled to the funds on deposit. Until receipt of such notice, we shall not be liable for payments made to any person presenting evidence of the account. You may not be entitled to withdraw any funds when the means of access to or evidence of your account is lost, stolen or destroyed. We may, however, at our discretion permit withdrawals by you and/or issue a new record on such conditions as we may require. We may, at our discretion, require a waiting period, proof by affidavit or otherwise of the loss, theft, destruction or unauthorized access. We may require an agreement and security from you holding us harmless for such action.

MONEY MANAGER ACCOUNT. If your account is a checking account, the account will be considered a Money Manager Account (“the Master Account”) consisting of two separate subaccounts. These subaccounts consist of a checking account (“the Checking Account”) and a money market deposit account (“the MMDA”). We will pay interest on the collected balances in both subaccounts at the Master Account rate. In each statement period, we will determine a threshold amount (“Threshold Amount”). We will allocate funds between your Checking Account and MMDA subaccounts by comparing your Master Account ending balance with the Threshold Amount. The portion of the ending balance which is equal to or less than the Threshold Amount will be credited to the MMDA subaccount and the remainder will be credited to the Checking Account subaccount. All checks, debits and other withdrawals from your Master Account will be paid from the Checking Account subaccount. If the daily beginning balance in the Checking Account subaccount is less than the net debit activity for that day in the Master Account, we will transfer available funds from the MMDA subaccount to the Checking Account subaccount in the amount by which the net debit activity exceeds the beginning balance in the Checking Account subaccount.

INDIVIDUAL OR SINGLE PARTY ACCOUNT. If you open an individual or single party account, only you have the right to withdraw. Upon your death, the account balance will be payable as determined under applicable state law.

JOINT ACCOUNTS. Subject to our right of set-off, if an account is designated as a joint account or a multiple-party account on the signature card, sums on deposit are payable upon the request of any one of you or any survivor and a surviving joint owner is not required to survive a death by any specified period. Each of you shall notify us of the death of the other. Each of you may make deposits and withdrawals and give notices and instructions concerning the account with the full authority of the other. We may but need not permit each of you to endorse for cash or deposit to the account, items payable to either or both of you. Each of you agrees to hold us harmless for any action of the other concerning the account.

By opening a joint account with a minor, you understand that the minor has access to freely transact on the account and that you will be fully liable for all such transactions as if they were your own. You agree to hold the Bank harmless and indemnified from and against any and all loss, costs, damage and expense, including court costs and attorneys’ fees, we may sustain which in any manner relate to the use of this joint account by the minor party. You understand and agree that you are responsible for any and all actions taken by the minor related to the account, through any banking channel whatsoever (including, but not limited to, online and mobile banking), and that you consent to such actions by opening this joint account.

MARITAL ACCOUNTS – WISCONSIN. In Wisconsin, if an account is designated as a marital account on the signature card, the account is payable to either of you during the lifetime of both of you and until we receive actual written notice of the death of any one of you from a survivor or representative or beneficiary of one of you. Subject to our right of set-off, upon the death of either of you, 50% of the sums on deposit belong to the survivor and 50% of the sums on deposit belong to the estate or other designated beneficiaries of the decedent, in accordance with Wisconsin law, and neither of you is required to survive the other by any specified period. Either of you may initiate transactions on the account, endorse for cash or deposit to the account any item payable to either or both of you, or give notice or instructions concerning the account. Each of you shall notify us of the death of the other. Each of you agrees to hold us harmless for any action of the other concerning the account.

POWERS OF ATTORNEY AND AGENTS. Subject to compliance with our procedures, all of you acting jointly may designate one (1) or more agents with such authority to act with respect to your accounts as is authorized in the form designating the agent. Any designation of agent shall be executed in a form approved by us and shall be deemed an agency relationship governed by chapter 705. Wis. Stats. for Wisconsin bank accounts. You may provide us with a written power of attorney designating an attorney-in-fact to have authority to exercise all, or some, of your rights under this Agreement, as limited by us in our sole discretion. Subject to applicable law, we may limit you to the appointment of one attorney-in-fact to have authority over your account(s). If the account is a joint account, we may honor a power of attorney from one (1) joint account owner and you agree that we have no duty or obligation to notify any other account owner(s) on that account of the power of attorney. Subject to applicable law, any such appointment must be in a form satisfactory to us, and we may refuse to honor powers of attorney in our sole discretion. We may require that the principal or attorney-in-fact provide us with an affidavit confirming that the power of attorney has not been revoked or terminated. You agree that we are authorized to permit any person to whom you have granted a power of attorney to exercise all, or some, of your rights under this Agreement until such time as we receive written notice that the power of attorney has been terminated or revoked and we have had a reasonable opportunity to act upon it. Subject to the terms and conditions of your agency designation, we may, but need not, recognize the authority of an agent, until we know of the death or incompetence of all parties appointing the agent and have had a reasonable opportunity to act on it. You agree to indemnify and hold us harmless from and against all claims made against us by reason of any actions we have taken or your agent or attorney-in-fact has taken regarding this Agreement or any account prior to the revocation or termination of such power. You agree that we do not have any duty to monitor the acts of any agent or attorney-in-fact or ensure that such acts are for your use or benefit or are otherwise permissible under applicable law. You agree to indemnify and hold us harmless and that we will not be liable or responsible if the actions or inactions of any agent or attorney-in-fact exceed his or her powers, or if his or her actions cause you any harm or are against your interests, or if such actions do not comply with applicable law.

ORGANIZATION ACCOUNTS. If the signature card executed in connection herewith shall name an organization other than a trust as the depositor, the signers shall certify that we have been duly designated as depository for funds of the organization and that the persons whose signatures appear on the signature card or any additional signature card executed by them, as well as the number of such required signatures have been duly authorized to deposit funds of the organization including checks and other items payable to the organization, with or without endorsement, to make withdrawals from, execute orders upon and give receipts for amounts deposited in this account, and otherwise to transact, on behalf of the organization, all business in connection with such account on a form acceptable to us. We may rely on this authorization and certification until written notice of revocation, executed by duly authorized officers of the organization, has been delivered to one of our officers.

RIGHT OF SET-OFF. Subject to applicable law, you grant us a right of set-off to, and a security interest in, all your accounts to secure any debt you owe us or our affiliates. Unless otherwise required by applicable law, we do not have to give you any prior notice to apply any funds in your account(s) to pay all or any portion of this debt. If your account is a joint account, we may use the funds in the joint account to pay all or part of the debt. You expressly agree that our rights extend to any federal and state benefit payments (including Social Security benefits) electronically deposited to your account. If you don’t want your benefits applied in this way, you may change your direct deposit instructions at any time with the benefits payor. The right of set-off does not apply to Individual Retirement Accounts or other tax-deferred retirement accounts, Health Savings Accounts or debt created under a consumer credit card plan.

TRANSFERABILITY. (Applies only to non-transaction accounts.) Accounts are not transferable by you without our consent.

ASSIGNMENT. No assignment of all or part of the balance in any account or notice of claim or interest shall bind us until we receive written notice signed by you and consent and agree to be bound by such notice.

DISCLOSURE OF INFORMATION. We may disclose information about your account or transactions on your account (a) to other recipients of combined statements; (b) to third parties where it is necessary for completing or tracing transactions or resolving errors or claims; (c) to verify the existence and condition of your account for third parties, such as credit bureaus, merchants or other financial institutions; (d) pursuant to court orders and other legal process; (e) to governmental agencies or authorities in response to subpoenas, summonses, search warrants or other requests, including requests pursuant to a state or federal law for the collection of court-ordered child support obligations, unless prohibited by law from making such a disclosure; (f) to others with your consent or where it is required by law to disclose the information; and (g) to our affiliates.

We shall not be liable to you for honoring garnishments, levies or other legal process received by or served upon us which, in our opinion, apply or may apply to your accounts. Notice of such disclosure or process will be provided to you only when required by law. Any such process is subject to our security interest and right of set- off.

You authorize us to obtain credit information on you at any time prior to establishing or during the term of your accounts.

NOTICES. Any notice or information from us to any of you, whether such notice or information is by mail to the address maintained with us for the accounts, by electronic means, or otherwise, shall be deemed given by us to any of you when deposited in the U.S. mail or sent electronically or otherwise, and shall constitute notice or information to all persons having any interest in the account. You must notify us promptly if you change your address, email or phone number.

ABANDONED ACCOUNTS. An account may be presumed abandoned unless you have, within five (5) years, increased or decreased the amount of the deposit or communicated in writing with us concerning the account, indicated an interest in the account as evidenced by a memorandum or other record on file, or engaged in such other activity overcoming the presumption of abandonment as provided by law. Unless otherwise required by law, statements may not be mailed if an account is presumed abandoned. If your account is presumed abandoned, we may be required by law to transfer the funds in your account to the state as unclaimed property.

ADDRESS CHANGE NOTICES. If your mailing address or the address of any other person authorized to withdraw from or deposit to an account is changed, you must promptly notify us in writing, or call us at 888.769.3796, or send us an email at jcsc@johnsonbank.com. Changes of address will not be effective until verified. Our duty to mail statements and all notices regarding an account is limited to mailing them to you at your most current designated address appearing on our records. We may, but will not be required to, request a forwarding address for you from the Post Office. If the Post Office provides us with a forwarding address for you, we may, at our option, use the new address or the address appearing on our records.

TERM. We may at any time close an account with or without cause and reserve the right to refuse withdrawals or transfers from the account except for the purpose of closing the account. You may, at any time, close the account by prior notice to us effective when we have received the notice and had a reasonable opportunity to act on it. You are responsible for any fees, charges or penalties and for the amount of any checks which are in process at the time your account is closed.

APPLICABLE LAWS, RULES & OTHER AGREEMENTS. Accounts will be governed by: (i) applicable federal law; (ii) the laws of the state in which our branch that holds your account is located; and (iii) this Agreement (except to the extent the terms of this Agreement vary from such laws). A term of this Agreement that is inconsistent with applicable law will be modified by us and applied in a manner that is consistent with such law. If any provision is deemed invalid, unenforceable or illegal, that part will not affect the enforceability or validity of the other provisions. Depending on the nature of your account and the transactions conducted on your account, other rules and/or agreements may also apply, including but not limited to, rules governing powers of attorney, payable on death or trust beneficiary designations, overdraft protection agreements, ATM rules, check and debit card rules, online banking and bill payment service agreement(s), time deposit terms, interest rate sheets, fee schedules, Individual Retirement Account/Qualified Retirement Plan agreement(s), Health Savings Account agreements, the bylaws and operating rules of any applicable ACH association, and other rules or agreements as may be applicable from time to time. In the case of inconsistency or conflict between provisions of this Agreement and the other rules or agreements which may govern the account or a particular transaction, the other rules or agreements will prevail.

WIRE TRANSFERS. If any portion of any wire transfer from or to your account is carried through Fedwire, our mutual rights and obligations will be governed by Regulation J of the Federal Reserve Board.

AMENDMENTS. We may amend, or supplement this Agreement, our interest rates, our service charges, or our fees from time to time. Such change shall be effective upon notice sent to your current address we have on file, posted in our lobby for a reasonable period of time, a message included on or with the statement for your Account, or delivered to you by any other means that the Bank considers appropriate or as otherwise required by law. Your continued use of your Account or related service after the effective date of change will be deemed that you are in agreement with the amendment or change.

LIABILITY. We are not liable to you for any claims, damages or expenses in connection with this Agreement if such claims, damages or expenses result from causes beyond our control. Examples of such causes are computer and equipment failures, outages or downtime and delays in processing items, credits or debits due to causes other than our negligence.

NO WAIVER. We will not be deemed to have waived any of our rights or remedies under this Agreement or available at law, unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DISCUSSED BELOW. This arbitration provision will survive the termination of this Agreement. See further details below.

  1. Agreement to Arbitrate. You and we each agree that any claim, dispute or controversy arising from or relating to your account or application for your account or promotions, advertisements, or oral or written statements related to the account, this Agreement, the relationships which result from this Agreement or the validity, enforceability or scope of this provision or the entire Agreement (collectively, the "Claim"), shall be resolved through binding arbitration or small claims court instead of courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate shall survive the closing of your account and/or the termination of this Agreement. Unless both you and we agree otherwise, each party must bring all related or similar Claims in a single arbitration proceeding. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the AAA, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to our address provided in Section 2 below.
  2. Notice of Dispute and Arbitration Procedures. A party who intends to pursue a Claim must first send to the other party a letter describing the nature and basis of the Claim (a “Notice of Dispute”). Any Notice of Dispute sent to us should be addressed to: Johnson Bank, PO Box 547, Racine WI 53401. We will send any Notice of Dispute to the most current address appearing on our records for your account. Following receipt of a Notice of Dispute, the parties will have 45 days to try to resolve the Claim described in the Notice of Dispute, after which you or we may commence an arbitration proceeding. Both parties agree that they shall not disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim. Information regarding the process and procedures for arbitration, along with a form for initiating arbitration proceedings is available on the AAA's web site at http://www.adr.org.
  3. Fees. After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee unless the value of the relief sought in your Claim(s) is greater than $75,000. Except as otherwise provided herein, if the amount of your Claim(s) does not exceed $75,000 and we receive a written request by you at the address provided in Section 2 above, we also will pay or reimburse you for any administration and arbitrator’s fees that you are required to pay under the AAA Rules in connection with an individual arbitration you have commenced against us. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If you or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA Rules. If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon receiving a written request from you at the notice address provided above. In addition, with respect to claims asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, or applicable law requires us to do so.
  4. Terms and Location of Arbitration. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of Claims or the scope, and enforceability of this agreement to arbitrate, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (either to you or to us) is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA If the value of the relief sought (either to you or to us) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place within the federal judicial district where the address associated with your account as identified in our records at the time the arbitration is commenced is located or, if that location is inconvenient to you, at some other location that the parties agree is convenient. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by you and us, any award shall be rendered by the arbitrator not later than 14 days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA's transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.
  5. CLASS ACTION WAIVER AND WAIVER OF RIGHT TO JURY The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual Claim; any injunctive relief must be individualized in nature and cannot affect individuals other than the claimant. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESETNATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS, REPRESENTATIVE OR CLASS MEMBER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that any part of this agreement to arbitrate (other than the prohibition of class or representative actions and/or consolidation) is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. However, if a court decides that this paragraph’s prohibition of class or representative actions and/or consolidation is invalid or unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
  1. Small Claims Actions and Government Agencies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Furthermore, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, in which case, such agencies can, if the law allows, seek relief against us on your behalf.
  2. RIGHT TO OPT OUT. You may opt out of this agreement to arbitrate by writing to us within 60 days after the date that we open your account. Your written opt-out notice must be postmarked no later than 60 days after the date that we open your account. The opt out notice must include your name, address and account number(s) to which the opt out applies. You must sign the written opt out notice for it to be effective. Mail the opt out notice to: Johnson Bank, PO Box 547, Racine WI Your decision to opt out of the agreement to arbitrate will not affect any other provision in this Agreement. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
  3. Other Remedies. This agreement to arbitrate and the exercise of any of the rights you and we have under this provision shall not prohibit you or us from exercising any lawful rights either of us has to use other remedies available to preserve, foreclose or obtain possession of real or personal property or exercise self-help remedies, including setoff rights as described in this Agreement.
  4. Federal Arbitration Act. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

CHECK 21 – 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 may use a substitute check as proof of payment just like an 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 any return item or overdraft fees that were charged as a result of the withdrawal.

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 are also 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 of your refund (plus interest if your account earns interest) within ten (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 at 888.769.3796. 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:

Revised August 1, 2024