TABLE OF CONTENTS - Bank of the Sierra
Transcription
TABLE OF CONTENTS - Bank of the Sierra
TABLE OF CONTENTS Exciting changes are coming your way! When the Porterville Branch of Citizens Business Bank joins the Bank of the Sierra family, you can expect access to enhanced products, services and convenience. Please take some time to review this booklet and familiarize yourself with the key dates, Bank of the Sierra product information, locations, and other important details. Welcome Message 5 Important Dates 6 Important Information Product Conversion Guide Consumer Account Products Consumer Loans Business Account Products Business Loans Federal Privacy Policy Important Privacy Choice For Consumers Important Information About Your Checking Account 7-8 9 10-12 13 14-16 17 18-19 20 21-22 Deposit Rate Sheet 23 Overdraft Service 24 What You Need To Know About Overdrafts and Overdraft Fees 25 Sierra Overdraft Privilege Disclosure 26-27 Regulation E: Electronic Fund Transfer Agreement And Disclosure 28-32 Truth In Savings Information 33-36 Schedule Of Other Services 37-38 Terms and Conditions Of Your Account 39-43 Branch Locations 44-45 WELCOME MESSAGE It’s an honor to write this letter welcoming you to the Bank of the Sierra family. It’s our intention to provide customers of the Porterville Branch of Citizens Business Bank with as much support as possible to ensure that you are fully informed and well taken care of during this transition. The booklet you’re currently holding was designed to answer any introductory questions you may have about Bank of the Sierra and the conversion to our services. Benjamin Franklin said that, “Without continual growth and progress, such words as improvement, achievement, and success have no meaning.” It’s a simple quote that underscores Bank of the Sierra’s unending commitment to progress, and to our customers. We’re confident that the transition to Bank of the Sierra will be a growth opportunity for you, our new customers. We welcome your cooperation as we work together toward your goals. Bank of the Sierra was founded on the overarching commitment to serve people. Our promise is to help make every community we’re part of better, and that promise starts with our customers and extends outward to every community in which we have a branch. To this aim, the Bank’s Sierra Grant program has given more than a million dollars to local charities throughout California, especially in our home town of Porterville. Most importantly, our customers know us as their community bank. We pledge the highest level of customer service from our staff, and an unyielding attention to the needs of our customers which has resulted in a commitment to offer quality financial products and services. Through this exciting transition, we look forward to hearing your questions, feedback, and suggestions. Working together, we can make this next step a great experience for all of us. Thank you, and welcome to Bank of the Sierra. Sincerely, Kevin McPhaill President & CEO 5 IMPORTANT DATES MAY 2 New Bank of the Sierra Debit Cards and checks begin arriving. MAY 2 After May 2, 2016, Bill Payments cannot be scheduled through your CBB account. MAY 13 Conversion of all accounts and services. On Friday May 13, CBB Porterville will close permanently. On Monday May 16, your accounts will be established at Bank of the Sierra with your current balances. MAY 16 Access your Sierra Online Banking at www.BankoftheSierra.com. • Any online banking alerts you currently have set up with CBB must be re-established within Bank of the Sierra’s online banking system. You should receive your new login information the first week of May. • Sierra Remote Deposit Capture customers must re-install the software and create new User IDs. • Any payees you currently have will need to be added through Bank of the Sierra’s Billpay service. CONTACT BANK OF THE SIERRA FOR SUPPORT If you have any questions or concerns, please feel free to contact our support team using the contact information below. Bank of the Sierra Customer Service Number: (888) 454-BANK Online Contact Form: BankoftheSierra.com/support/contact_us/talk_to_us/ Remote Deposit Capture support: [email protected] Sierra Online banking & Billpay support: [email protected] For the most up-to-date information regarding our conversion schedule, please visit: https://www.BankoftheSierra.com/cbb 6 IMPORTANT information Account Numbers For deposit accounts, your account numbers will change slightly. We will be adding 01 to the front of your existing account number, with the exception of a few savings accounts. Loan account numbers will remain the same. Bank Online Banking system for future reference. It will also be critical that you download or print out all of the bill payment payee information for ease of re-entering within your new bill payment login. Cash Management Services are available. See page 36 for more information. Example: Current Citizens Business Bank deposit account number: 0038123456 Your new account number will be: 0138123456 Checks You will receive a small supply of checks with your new routing number and account number for your use. You must discontinue using your Citizens Business Bank checks. For a short period of time, any outstanding checks will be converted to your new Bank of the Sierra numbers as they clear. For subsequent check orders, our standard check fees apply. Account Statements Citizens Business Bank will post all accrued interest and any applicable pending service charges on checking, savings, and certificates of deposit accounts and generate statements on the night of May 13, 2016. The date your statement is printed will change going forward. If you prefer to keep your existing statement date, just visit a branch after May 13, 2016 and they will change the date to match your old one as closely as possible. Account Transfers Citizens Business Bank will complete all pre-scheduled transfers through May 15, 2016. All subsequent transfers will be completed by Bank of the Sierra. ATM Deposit Cutoff Times Deposits made before 1:00 PM on a day we are open will be credited that same day. Deposits made on a day we are closed will be credited the following business day. Branch Hours Our branches in the Porterville area are open Monday through Thursday, 10:00 AM to 4:00 PM and Fridays, 10:00 AM to 6:00 PM. Business Online Banking & Bill Pay For current Citizens Business Bank Online Banking customers, you will be established as a new user for Business Online Banking and Bill Pay with Bank of the Sierra. Prior to May 13, 2016, it will be important that you download and save all of your online banking and bill payment history from your current Citizens Business Commercial Loans and Lines of Credit The acquisition will not have any impact on your existing loan rates, terms or conditions. Please continue to make your loan payments as usual, until further notice. Consumer Loans, Consumer Lines of Credit, and Consumer Mortgages The acquisition will not have any impact on your existing loan rates, terms or conditions. Please continue to make your loan payments as usual, until further notice. Consumer Mobile Banking The Mobile Online Banking login is located on the Bank of the Sierra homepage. The Bank of the Sierra Mobile app can be downloaded for Apple or Android via their respective app stores. To utilize Sierra Mobile Check Deposit you can enroll on May 16, 2016 by contacting us via email at: [email protected] Consumer Online Banking & Bill Pay For current Citizens Business Bank Online Banking customers, you will be established as a new user for Online Banking and Bill Pay with Bank of the Sierra. Prior to May 13, 2016, it will be important that you download and save all of your online banking and bill payment history from your current Citizens Business Bank Online Banking system for future reference. It will also be critical that you download or print out *See Schedule of Other Services for complete listing of account fees and charges. 7 IMPORTANT information all of the bill payment payee information for ease of re-entering within your new bill payment login. Debit Card Bank of the Sierra will issue new debit cards. Customers should re-establish any recurring transactions that were set up using the Citizens Business Bank debit card. Direct Deposit Your direct deposits will be rerouted to Bank of the Sierra and credited the same day as received by us. Bank of the Sierra will notify originators of the change in routing number and account number on your behalf for future ACH items. End of Day Cut-off Times For Merchant deposits, any deposits received after 3:30 pm may be processed on the next business day. Sierra Remote Deposit and Mobile Check Deposit cut-off time is 7:00 PM Pacific. eStatements Your current eStatements from Citizens Business Bank will not be available within your new Online Banking access with Bank of the Sierra. You will need to download and save your Citizens Business Bank statements prior to May 13, 2016. You will need to re-enroll in Bank of the Sierra’s eStatements after conversion. IRS Reporting Citizens Business Bank will ensure delivery of any necessary tax documents for your 2015 and 2016 filings for all interest paid on your account through May 13. Merchant Services Bank of the Sierra partners with TransFirst to offer you a variety of merchant solutions. Your current merchant processor will be contacted by Bank of the Sierra, if necessary, to change your routing number and account number on deposits received. Overdrawn Balances Bank of the Sierra does not charge a daily fee on overdrawn balances. Overdrawn balances will be charged overdraft fees according to the Schedule of Other Services on page 37. Remote Deposit Capture For current Citizens Business Bank Remote Deposit Capture customers, you will be established as a new user for Sierra Remote Deposit Capture with Bank of the Sierra. Prior to May 30, 2016, it will be important that you download and save all of your remote deposit capture history, images, or reports from your current Citizens Business Bank remote deposit capture system for future reference. A representative from Bank of the Sierra will contact you after May 13, 2016 to assist you with the installation of the Sierra Remote Deposit Capture software. All current Citizens Business Bank scanners will need to be returned to Citizens Business Bank by May 13, 2016. Bank of the Sierra will provide one (1) comparable type of scanner at no cost. Routing Number The Routing Number will be changed to 121137027. Safe Deposit Box There will be updates to Safe Deposit Box pricing. Please see Pricing Changes for Affected Products and Services on page 36. If on May 13th you have a Safe Deposit Box housed at the Porterville branch of Citizens Business Bank, the box will be securely moved to our Porterville branch located at 90 N. Main Street. Telephone Banking You can access your account by calling 1-888307-3772 beginning May 14, 2016, to obtain balances, transfer funds, etc. Wire Transfers There will updates to Wire Transfers pricing. Please see Pricing Changes For Affected Products And Services on page 35. Overdraft Transfer Fees Bank of the Sierra does not charge Overdraft Transfer Fees. 8 *See Schedule of Other Services for complete listing of account fees and charges. PRODUCT CONVERSION GUIDE CONSUMER PRODUCT CONVERSION GUIDE CITIZENS BUSINESS BANK BANK OF THE SIERRA Investment Checking Plan Premier Checking Preferred Choice Checking* Premier Checking Personal Checking Totally Free Checking “55” Checking 50+ Free Interest Checking Premium Money Market Personal Money Market Personal Savings Personal Savings Minor Trust Savings Sierra Minor Savings Health Savings Account Health Savings Account BUSINESS PRODUCT CONVERSION GUIDE CITIZENS BUSINESS BANK BANK OF THE SIERRA Business Checking Sierra Business Checking Analysis Business Plan Sierra Business Analysis Investment Checking Plan Business + Interest Lawyers Trust Checking Business + Interest Premium Money Market Business Money Market Business Savings Business Savings Public Checking Public Checking Public Interest Public Interest *Customers with Preferred Choice Checking will no longer receive unlimited calls to Customer Service Center (see Schedule of Other Services), free Preferred Choice wallet style checks, ATM surcharge rebates, free Safe Deposit Box rental (up to $100), no fee Official Checks, no annual fee on credit card, and no annual fee on Individual Retirement Account. 9 consumer account products Totally Free Checking The name says it all. No monthly fees*. No minimum balance requirement. Totally free. • Free online banking and bill pay • Sierra debit card • eStatements • Check images • Unlimited check writing • No per check fee 50+ Interest Checking Experienced bankers (aged 50+) deserve a little extra. This is a free*, interest-earning account that offers both convenience and flexibility. • Earns interest • Free online banking and bill pay • Sierra debit card • eStatements • Check images • Unlimited check writing • No per check fee • No minimum balance requirement VIP Free Interest Checking This free*, interest-earning account is best for those with direct deposits or other automatic payments. • Earns interest† • Free online banking and bill pay • Sierra debit card • eStatements • Check images • Unlimited check writing • No per check fee • No minimum balance requirement † Direct deposit or automatic payment required to earn interest. Premier Checking This interest-earning account offers higher interest rates for larger account balances. • Higher interest rate on daily balances greater than $2,500 • Earns interest even if daily balance falls below $2,500 • Monthly fee of only $8 if daily balance falls below $1,000 • Free online banking and bill pay • Sierra debit card • eStatements • Check images • Unlimited check writing • No per check fee Personal Savings This savings account features no minimum opening deposit and a variable interest rate. • Interest credited quarterly • No monthly service charge (for daily balances above $300 or with a Bank of the Sierra checking account, otherwise $9 per quarter) • eStatements • Nine (9) free transfers per quarter. Other restrictions apply, see your banker for details You may make six (6) transfers from your account each four week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail, or at an ATM are unlimited. 91-Day Variable Savings This account earns interest based on a variable interest rate. • Low opening deposit of only $1,000 • Term of 91 days • Early withdrawal penalties may apply • Additional deposits can be made at any time Sierra HSA Saving money for healthcare just makes sense. Our Sierra HSA account keeps funds in a special account earmarked for use on qualified healthcare expenses. This account is designed to pair with a High Deductible Health Care Plan (HDHP). • Earns interest regardless of balance • No minimum to open and only $20 setup fee. * Bank rules and regulations apply. Ask us for details. Other fees such as returned item, overdraft and continuous overdraft, etc. may apply. See “Schedule of Fees and Other Services” for details. 10 Sierra HSA (continued) • Check Images • Minimum daily balance of $3,000 to avoid monthly service fee of $3 • Sierra debit card • eStatements Sierra Higher Learning Fund You understand that it’s never too soon to start saving for a college education. This account is designed to build your funds for long-term education expense needs. • Earns interest • Tax-advantaged growth • $25 minimum opening deposit • Flexible contributions • $10 minimum monthly deposit • Early withdrawal penalties may apply Christmas Club We all enjoy the freedom to splurge a little at Christmas–and this is no problem when you plan ahead. Save all year for holiday festivities with this interest-earning account. • Regular, automatic deposits • No minimum opening deposit • No monthly fees • Checks issued in November Minor Savings This account is designed to help young people start saving with a simple, affordable account. • As long as your child can sign their name, they qualify • eStatements • Interest credited quarterly • Nine (9) free transfers per quarter. Other restrictions apply, see your banker for details You may make six (6) transfers from your account each four week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail, or at an ATM are unlimited. Personal Money Market If you want to earn money market interest rates while maintaining easy access to your funds, this is the account for you. • Easy account access by check, phone transfer, in-person withdrawal or online. • Check images • eStatements (Other restrictions apply. See your banker for details.) You may make six (6) transfers from your account each four week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail, or at an ATM are unlimited. Certificates of Deposit Our CDs offer competitive, fixed rates that put your money to work. Talk to our experienced personal financial representatives to find the CD that’s right for you and your future. • Fixed rates • Flexible terms Sierra Prime Index CD Shorter terms, higher interest rates, plus the opportunity to add funds at any time. A prime index CD is an excellent choice if you have at least $10,000 to invest. • Interest indexed to Wall Street Journal Prime Rate • Flexible terms from 90 days up to one year • Additional deposits of $500 or more can be made at any time • Early withdrawal penalties may apply Individual Retirement Account You already have a good idea of what you want from retirement; now you need a good plan. We can put you on the path to meet those goals. • Tax-deferred growth—no taxes on earnings until they are withdrawn* • Competitive rates * Check with your tax consultant. 11 consumer account products Online Banking Check your balance, transfer funds, review transactions, see if a check has cleared... anytime, anywhere. Our online service is easy to use, totally secure and FREE. • 24-hour access • Accessible from anywhere • Totally secure • View deposits and check images • Personal Finance Management tools to help keep track of your spending Online Bill Pay Once you become an online banking customer, consolidate all your bill paying to one secure site. • Convenient to setup and manage • Set up one-time or revolving payments Sierra eStatements At Bank of the Sierra, you have the option to receive electronic statements for any checking or savings account you have with us. Quick, convenient, secure, and, best of all – FREE! • View/print previous 18 months statements at your convenience. • Download and store your statements digitally for easy reference Mobile Banking Keep on top of your finances at all times with your mobile device. Now your account information is at your fingertips, anytime, anywhere. Access account information through your mobile device by text, browser, or downloadable app. Find the nearest Bank of the Sierra branch or ATM, pay your bills, transfer funds, locate branches or ATMs and more. Mobile Apps Our free Apple® and Android® mobile apps allow you to access your Bank of the Sierra accounts from anywhere, 24/7. The apps feature the ability to transfer funds, set up custom email alerts, locate the closest branch or ATM, and much more. 12 (Continued) Please Note: You must authorize your mobile device within Online Banking to use Bank of the Sierra’s mobile app. Mobile Check Deposit Within our new Mobile App, you can deposit checks quickly and securely without visiting a Bank of the Sierra branch. Once you’ve downloaded the free app onto your smartphone or tablet, you can follow a few simple steps to make a deposit. Just use your device’s camera to take a photo of the front and back of the endorsed check. To apply for this feature, email [email protected] or call (888) 454-BANK. CONSUMER loans Personal Loans Personal loans allow you to borrow money for a variety of personal purposes with flexible terms. • Discount of .25% with auto payment from Bank of the Sierra account Auto Loans Financing your purchase with us puts you in the driver’s seat, with competitive rates and personal service. • Competitive rates • Financing for new or used vehicles Recreation Loans If you’ve got an appetite for adventure but need some help paying for it, you’ve come to the right place. Hit the highway, set sail, or go off road with loans made easy, affordable, and convenient. • Competitive rates • Financing for new or used vehicles Home Equity Loans This is the loan to consider if you have a large, one-time expense, such as a home renovation, your child’s wedding, or a medical emergency. Borrow a lump sum using the available equity in your home. • Fixed rate Construction Loans Our construction loans are tailored to meet your needs—regardless of the size of your home. • Lenders experienced in construction details • Financing for new home construction or renovations • Combine a construction loan with a home mortgage for a “one-stop” solution Sierra Gold Reserve Line of Credit With limits of $1,000 to $10,000, these unsecured lines of credit are linked to your personal checking account to provide automatic overdraft protection. Sierra Prime Line of Credit The Sierra Prime Line Account offers limits of $10,000 to $50,000. It’s linked to your personal checking account to provide automatic overdraft protection. • No collateral required Home Equity Line of Credit Your home can be a convenient way to tap into extra cash as you need it for personal purposes. Use your home as collateral for this flexible line of credit to extend your spending power. • Borrow up to 80% of appraised home value • Available for primary residence or vacation home • Checks provided for easy access 13 business account products Sierra Business Checking This affordable account is the essential checking for most businesses. • No minimum balance, opening deposit or monthly fee. • Free cash processing (in and out) of up to $10,000 each month1 • 200 free debits (checks, debit card transactions, ACH debits, etc.) each month2 • 50 free deposits (deposit slips) per month3 • 500 free items (checks, etc.) deposited each month4 • ACH credits – always free • eStatements Business + Interest This interest-earning account pays higher interest rates for balances of $5,000 or more. • No minimum opening deposit • Monthly service fee is only $19 if daily balance falls below $5,000 • Free cash processing (in and out) of up to $10,000 each month 1 • 200 free debits (checks, debit card transactions, ACH debits, etc.) each month2 • 50 free deposits (deposit slips) per month3 • 500 free items (checks, etc.) deposited each month4 • ACH credits–always free Sierra Business Analysis For a growing business, account transactions can quickly become complicated. • No minimum balance • No minimum opening deposit • Earnings credit allowance may offset activity fees MSB Checking This special account is designed for money services businesses. If your business is involved in one of the activities below, you may qualify for this account. • Check cashing • Money transfers • Money orders Sierra Platinum Sweep This account puts your money to work by combining a Sierra Business Analysis account with a sweep service that automatically invests your extra cash in an interest-earning account. • Competitive rates • FDIC insured up to $250,000 for each depositor • eStatements Sierra Business Savings This affordable account is the perfect place to set aside funds for extra business expenses. • No minimum opening deposit • Interest earned and service fee waived on daily balances over $1,500; otherwise $9 quarterly fee • eStatements You may make nine (9) transfers from your account each four week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail, or at an ATM are unlimited. 91-Day Variable Savings Earn variable interest and add to it any time without affecting the maturity date. • $1,000 minimum initial deposit • Term of 91 days • Additional deposits can be made at any time • No account withdrawals before maturity date Business Money Market Once you’ve grown your balance, it’s smart to step up to an account with more interest-earning potential. With this account, you earn money market interest rates while maintaining easy access to your business funds. • No minimum deposit required • Easy account access – by check, telephone transfer, or in-person withdrawals • Unlimited ATM transactions 1 Includes coin and currency. If monthly cash exceeds $10,000, account will automatically convert to Sierra Business Analysis checking. 2 Debits over 200 cost $0.15 each 3 Deposits over 50 cost $1.40 each 4 Items over 500 cost $0.15 each 14 Business Money Market (Continued) • FREE Sierra eStatements • No monthly service charge with balances above $5,000; otherwise $10 You may make six (6) transfers from your account each four week or similar period, if by pre-authorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail, or at an ATM are unlimited. Sierra Prime Index CD Enjoy flexible terms while earning a variable rate of interest tied to the Wall Street Journal Prime Rate. • Opening deposits as low as $10,000 • Flexible terms from 90 days to 1 year • Additional deposits of $500 or more can be made at any time Certificates of Deposit CDs may offer higher returns than regular savings accounts. Your business savings may grow faster and you receive full access to your principal and interest at the CD’s maturity date. • Fixed, competitive rates • Flexible terms • Interest earned can be transferred to another account, reinvested into the CD, or paid by check. • Early withdrawal fees may apply Merchant Services Accepting credit card payments makes it easy for your customers to make purchases. This is a smart and convenient way to grow your business, but it takes a bit of guidance to get started. Our merchant services program offers the security and support you need to accept card payments. In addition, we maintain a merchant services alliance with Transfirst, our preferred payment service provider. • The ability to accept all major credit cards, along with signature and PIN debit cards, • • • • • • ACH and check processing 24/7, U.S.-based merchant support Wired, wireless, online and mobile processing capabilities Next day funding State-of-the-art data security and technology PCI security information and support Government and industry regulatory information and assistance Proprietary products include: • Transaction ExpressTM, an online payment gateway that lets you process payments through any Internet connection • TransLink, a versatile online solution that creates customized transaction reports • PayFox®, a mobile payment app that turns your mobile device into a payment processing terminal • TransFreedomTM, an innovative pricing package that simplifies your statement by bundling multiple fees into one lowpriced option Sierra Cash Management Online banking for businesses provides convenient access to your financial information 24/7, so you can manage your funds more efficiently. From simple online reporting to a full cash management solution for your business, we’ve got the powerful tools to get the job done so you can concentrate on other important things. Sierra Remote Deposit Capture You and your business can experience the convenience, savings, and security of Sierra Remote Deposit Capture. Remote deposit technology can allow your business to: • Consolidate Accounts • Improve Cash Flow • Eliminate Trips to the Bank • Reduce Research Time • Reduce Document Loss • Submit Deposits Until 7pm 15 business account products Night Deposit Getting to the bank after your business closes can be a challenge. Our secure night deposit vault is always open for deposits. Drop off your receivables using secure plastic disposable bags after banking hours at any of our branches, any time of night. • Deposits credited to your account the next business day • Safe and secure • $25 Annual Fee Mortgage Warehouse We specialize in competitively priced small- and medium-sized warehouse lines up to $20 million that fit your company’s specific needs. Our lines have no commitment fee and fund a wide variety of products to a large list of approved investors. 16 (Continued) business loans Agricultural Lending For businesses looking for agricultural financing, we have a range of options to fit your needs. We pride ourselves on our extensive line of financing products and our veteran ag lending team. Farm & Agribusiness Real Estate • Purchase • Refinance • Commercial Real Estate Construction to Permanent • Permanent Crop Development Farm & Agribusiness Operations • Crop Production Lines of Credit • Herd and Feed Financing • Operating Lines of Credit • 5 yr Revolving Sierra Ag Equity Line Sierra Small Farm Mortgages • Less than 25 Acres • Up to 30 Year Amortization Farm & Agribusiness Equipment Loans Commercial Construction Loans Commercial developers and builders sometimes need temporary funds to complete a project. Bank of the Sierra can deliver a number of additional loan arrangement options that will assist you all the way to completion. SBA Loans Moving to a new facility or making renovations to your building? Maybe you need to purchase new equipment but you are short on cash. Because our business is helping your business grow, our experienced lenders will guide you through the SBA lending process. Letters of Credit Compete for projects while still preserving capital with a letter of credit. A letter from Bank of the Sierra on your behalf is a guarantee that you mean business! Commercial Real Estate Loans Have you found the perfect location for your new business or are you looking to expand? Owners and investors of income-producing commercial properties have special financing needs. Let us guide you through the process from start to finish. 17 Rev 07/14 FACTS WHAT DOES BANK OF THE SIERRA DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and [income] [account balances] and [payment history] transaction history and account transactions When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Bank of The Sierra chooses to share; and whether you can limit this sharing. Does Bank of the Sierra share? Can you limit this sharing? For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes— to offer our products and services to you Yes No For joint marketing with other financial companies Yes Yes For our affiliates’ everyday business purposes— information about your transactions and experiences No We don't share For our affiliates’ everyday business purposes— information about your creditworthiness No We don't share For nonaffiliates to market to you No We don't share Reasons we can share your personal information Questions? 18 Call 888-454-2265 or go to www.bankofthesierra.com Rev 07/14 Page 2 What we do How does Bank of the Sierra protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does Bank of the Sierra collect my personal information? We collect your personal information, for example, when you Why can’t I limit all sharing? [open an account] or [deposit money] [pay your bills] or [apply for a loan] [use your credit or debit card] We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes—information about your creditworthiness affiliates from using your information to market to you sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Joint marketing Bank of the Sierra has no affiliates Bank of the Sierra does not share with nonaffiliates so they can market to you A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card companies Other important information California Law gives you the right to opt out of certain sharing. Please see enclosed notice entitled “Important Privacy Choices for Consumers.” 19 Important Privacy Choice for Consumers You have the right to control whether Bank of the Sierra can share some of your personal information. Please read the following information carefully before you make your choice below. Your Right You have the following right to restrict the sharing of personal and financial information with outside companies that we do business with. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services. Your Choice Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services: Unless you say "No," we may share personal and financial information about you with outside companies we contract with to provide financial products and services to you. NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services. Time Sensitive Reply You may make your privacy choice at any time. Your choice marked here will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with other companies with whom we have contracts to provide products and services. Name: Account Number: Signature: To exercise your choice, do the following: • Fill out • Sign • Send this form back to us (you may want to make a copy for your records): Bank of the Sierra PO Box 1930 Porterville, CA 93257 Attn: Marketing 1-888-454-BANK 20 BankoftheSierra.com IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT Substitute Checks and Your Rights What is a substitute check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions. What are my rights regarding substitute checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How do I make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at: Bank of the Sierra 86 North Main Street Porterville, CA 93257 (888)454-2265 You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include – • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); • An estimate of the amount of your loss; • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and • A copy of the substitute check or the following information to help us identify the substitute check: (Identifying information, for example the check number, the name of the person to whom you wrote the check, the amount of the check). 21 Reg CC FUNDS AVAILABILITY POLICY DISCLOSURE PURPOSE OF THIS DISCLOSURE The information here describes our policy of holding deposited items in an account before funds are made available to you for withdrawal. This is what is called our Funds Availability Policy. For purposes of this disclosure, the terms “you”/”your” refer to the customer and the terms “our”/”we”/”us” refer to the Bank. The term “account” includes any demand deposit, negotiable order of withdrawal account, savings deposit, money market account or other non-time deposit account. DETERMINING THE AVAILABILITY OF YOUR DEPOSIT The length of the delay varies depending on the type of deposit and is explained below. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. The term “Business Day” means any day other than a Saturday, Sunday or federally declared legal holiday, and the term “Banking Day” means that part of any Business day on which we are open to the public for carrying on substantially all of our banking functions. If you make a deposit before close of business on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after close of business or on a day that we are not open, we will consider the deposit made on the next Business Day we are open. Certain limitations may apply to Merchant Deposits. AVAILABILITY SCHEDULE Our policy is to make funds from your cash and check deposits available to you on the first Business Day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written. HOLDS ON OTHER FUNDS FOR CHECK CASHING If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. HOLDS ON OTHER FUNDS IN ANOTHER ACCOUNT If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds that you deposit by check available to you according to the previously stated availability schedule. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200.00 of your deposit, however, will be available 22 on the first business day. If we are not going to make all of the funds from your deposit available to you according to the previously stated availability schedule, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available. Funds you deposited by check may be delayed for a longer period under the following circumstances: (a) if we believe a check you deposit will not be paid; (b) if you deposit checks totaling more than $5,000.00 on any one day; (c) if you redeposit a check that has been returned unpaid; (d) if you have overdrawn your account repeatedly in the last six months; or (e) if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment. We will notify you if we delay your availability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. SPECIAL RULES FOR NEW ACCOUNTS If you are a new customer, the following special rules may apply during the first 30 days your account is opened. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000.00 will not be available until the second business day after the day of deposit. Funds from all other check deposits will be available on the seventh business day after the day of your deposit. DEPOSITS AT AUTOMATED TELLER MACHINES If you make a deposit at an automated teller machine (ATM) that is owned and operated by us before 1:00 pm on a business day that we are open, we will consider the deposit made that day, However, if you make a deposit at an ATM that is owned and operated by us after 1:00 pm or on a day that we are not open, we will consider the deposit made on the next business day we are open. 23 24 25 Bank of the Sierra Sierra Overdraft Privilege Disclosure We automatically enroll you in Sierra Overdraft Privilege, our standard overdraft program. This is an automated discretionary overdraft program where we may authorize and pay transactions that exceed your available funds in your checking account. You can opt out of this program at any time. The Bank also offers alternative programs that may be less expensive for you. Otherwise, you are automatically enrolled in Sierra Overdraft Privilege, and: • The Overdraft fee is $35 per overdraft, up to 5 overdrafts per day. If your account balance remains overdrawn for 10 consecutive calendar days, commencing with the first day overdrawn, we will charge your account a continuous overdraft fee of $35 on the 10th day if your overdrawn balance exceeds $50. • For consumers, unless you opt in, your ATM and everyday debit card transactions are not included in Sierra Overdraft Privilege. This opt-in requirement does not apply to businesses. The following describes the discretionary overdraft program, how you can opt out, and some alternatives that may be less expensive for you to use. It also explains (in general terms only) how we determine the order of payment (or “sequence”) for a number of common transactions. If you want more information, please visit a branch or give us a call. You may also wish to consider one of the alternatives to Overdraft Privilege described below, which may better serve your particular needs. These alternatives could save you money. • Sierra Reserve Line - A Sierra Reserve Line or Sierra Business Reserve can be linked to your Bank of the Sierra checking account for added protection. Then, if you spend more than your available checking account balance, your credit line will automatically advance sufficient funds to cover the overdraft, subject to the credit limit on your Sierra Reserve Line or Sierra Business Reserve. The Sierra Reserve Line has an annual fee of $19 and a fixed Annual Percentage Rate of 15.998%. The Sierra Business Reserve has an annual fee of $37 and a fixed Annual Percentage Rate of 12.99%. You must apply for a Sierra Reserve Line or Sierra Business Reserve and be approved by us. This is not a commitment to lend. Other restrictions apply. See Banker for details. • Account to Account Transfer Services - With this service, customers can request to link secondary Bank of the Sierra deposit accounts to their main checking account, allowing the ability to transfer funds automatically if the main checking account balance runs low. Other restrictions apply. Excess transaction fees may apply. See Banker for details. • Account Balancing - Customers who need help learning to balance/reconcile their Bank of the Sierra checking account can learn some helpful techniques from our staff members. Just visit your local branch - we’d be happy to help. If you are currently enrolled in Account to Account Transfer Services or have a Sierra Reserve Line, Sierra Overdraft Privilege will only be used if these other forms of overdraft protection have been exhausted. You can also sign up for our automatic email alerts. If you sign up for email alerts, we will contact you via email message if your account balance reaches a preset threshold as determined by you, in order to help you avoid overdrafts. To opt out of Sierra Overdraft Privilege, sign up for email alerts, or for more information on any of the alternative services described above, please call us at 888-454-2265. WHAT HAPPENS IF YOU OPT OUT OF SIERRA OVERDRAFT PRIVILEGE: If you opt out of Sierra Overdraft Privilege and do not have alternative overdraft protection, we will generally return or decline transactions that would overdraw your account rather than pay these transactions, subject to our policy below on “Force Pay Transactions.” • Your account will be charged a $35 Return Item fee for each of the following types of transactions that are returned for insufficient funds rather than paid: [checks, ACH transactions, and recurring debit transactions]. Some merchants may also assess a returned check fee, over which we have no control, but you should see a warning posted at the point of sale stating the merchant’s returned check policy. • If you opt out of Sierra Overdraft Privilege, your everyday debit card transactions or ATM transactions will be declined rather than paid. We do not charge a fee for declining your debit card or ATM transactions. Typically, merchants also do not charge a fee for declined ATM or everyday debit card transactions. You will simply need to arrange for an alternative form of payment. • Force Pay Transactions. There may be instances where we will pay a transaction even if you do not have sufficient funds in your account to cover the transaction and you have opted out of Sierra Overdraft Privilege. These transactions can occur, for example, when an ATM transaction or everyday debit card transaction is approved but later other transactions reduce the balance in your account before your ATM transaction or everyday debit card transaction is posted to your account. Under these circumstances, we will still pay (or “force pay”) the transaction and you will not be charged a fee. Although this represents our policy with respect to Force Pay Transactions, it is more likely than not that if you have opted out of Sierra Overdraft Privilege, these transactions will be returned or declined as described above rather than force paid. It is the policy of Bank of the Sierra to comply with all applicable laws and regulations and to conduct business in accordance with applicable safety and soundness standards. The Deposit Account Agreement and Account Terms and Conditions Agreement provided to you at the time you opened your account with us controls the duties, obligations and rights of the Depositor, the Authorized Signatories and Bank of the Sierra with regard to your checking account. The Deposit Account Agreement (and all amendments thereto) shall control if a conflict arises between any provision of this Sierra Overdraft Privilege Disclosure and the Deposit Account Agreement and Account Terms and Conditions Agreement. A copy of the Deposit Account Agreement and Account Terms and Conditions Agreement is available to you upon request from your Bank of the Sierra representative. 26 Sierra Overdraft Privilege is not a line of credit. However, if you inadvertently overdraw your account, we will have the discretion to pay the overdraft, subject to the limit of your Sierra Overdraft Privilege and the amount of the overdraft fee. Bank of the Sierra is not obligated to pay any transaction presented for payment if your account does not contain sufficient available funds. Any discretionary payment by Bank of the Sierra of an overdraft transaction does not obligate Bank of the Sierra to pay any other overdraft transaction or to provide prior notice of its decision to refuse to pay such transactions. Balances at an ATM or other point of inquiry will not include the Sierra Overdraft Privilege limit; however, transactions may be paid in excess of the balance indicated, creating an overdraft. Pursuant to Bank of the Sierra’s commitment to always provide you with the best level of service, now and in the future, if your consumer account (primarily used for personal, family or household purposes) has been open for at least thirty (30) days, or if your business account has been open for at least sixty (60) days, and thereafter you maintain your account in good standing, which includes at least: A. Bringing your account to a positive balance within every thirty (30) day period for a minimum period of 24 hours; B. Not being in default on any loan or other obligation to Bank of the Sierra and C. Not being subject to any legal or administrative order or levy Bank of the Sierra will have the discretion to pay overdrafts within the Sierra Overdraft Privilege limit, but payment by Bank of the Sierra is a discretionary courtesy and not a right of the customer or an obligation of Bank of the Sierra. Bank of the Sierra in its sole and absolute discretion, can cease paying overdrafts at any time without prior notice of reason or cause. This privilege for consumer checking accounts will generally be limited to $750 overdraft (negative) balance depending on account type. This privilege for business accounts will generally be limited to a maximum of $1,000 overdraft (negative) balance. Of course, any and all fees and charges, including without limitation any Overdraft Fee or Returned Item Fee (as set forth in our Schedule of Other Services), will be included as part of this maximum amount. It may be possible that your account will become overdrawn in excess of the Overdraft Privilege amount as a result of the assessment of a fee. The total of the discretionary Overdraft Privilege (negative) balance, which includes any and all fees and charges, including all non-sufficient funds/ overdraft fees is due and payable upon demand, and Depositor and each joint owner will continue to be liable, jointly and severally, for all such amounts, as described in the Deposit Account Agreement and Account Terms and Conditions Agreement. Our standard Overdraft fee of $35 will be imposed for overdrafts created by checks, ACH, ATM transactions, everyday debit card transactions, in-person withdrawals, or by other electronic means. If your account balance remains overdrawn for 10 consecutive calendar days, commencing with the first day overdrawn, we will charge your account a continuous overdraft fee of $35 on the 10th day if the overdrawn amount is greater than $50. The maximum amount of Overdraft fees that will be charged to an account is $175 per day. We do not charge an Overdraft fee if an account is overdrawn by less than $10. Consumer Consent Required: Overdraft Payment on ATM and Everyday Debit Card Transactions. For our consumer customers: Bank of the Sierra will not pay overdrafts for ATM or everyday debit card transactions unless Bank of the Sierra has provided you with the notice required by Section 1005.17(b) of Regulation E and you have opted in to the payment of these overdrafts. In order to avoid overdrafts due to ATM and everyday debit card transactions, Bank of the Sierra will place a hold on your account for any ATM or everyday debit card transaction authorized until the transaction settles. ATM and everyday debit card transactions usually settle within two business days after the transaction is authorized. The amount of the hold will be for the amount authorized, or as permitted under applicable payment network rules. Holds on authorized ATM and everyday debit card transactions will be removed prior to settlement where required by applicable payment network rules. Both consumer and business customers may opt out of the Sierra Overdraft Privilege services at any time by contacting one of our Customer Service Representatives or by calling us at 888-454-2265. Order of Processing Payments: Notice Regarding Payment Of Transactions - Working with you to be your financial provider is important to us. To help that run smoothly, it is important that you are aware of the order in which we pay transactions you authorize against your checking account. Order Of Payment - Transactions may not be processed in the order in which they occurred, and the order in which transactions are received and processed may impact the total amount of fees incurred. When processing transactions drawn on your account, our policy is to process that day’s transactions to your account in the following manner: ATM/Check Card purchases first in the order from lowest to highest dollar amount, then presented checks (in check number order), then all other charges (such as ACH charges) in order from lowest to highest dollar amount. However on an exception basis, some transactions may be paid outside of this order. The order in which these checks and other charges are paid is important if there is not enough money in your account to pay all of the transactions presented each day. Numerical Check Re-Sequencing - As you can see above, we re-sequence the checks in numerical check order when charging your account. We re-sequence the checks as presented on any given day. The re-sequencing may sort the checks so that they appear in the same order as in your check register, or it may not, depending on how quickly checks are processed and presented to us through the banking system. Accordingly, you may not be able to control the order in which checks are processed by us. You may contact us at 1-888-454-BANK (2265) or check our Online Banking system to determine which of your checks have been processed. There is no payment processing order policy that is favorable in every instance. There are advantages and disadvantages for any order of payment for checks. The order we have chosen is numerical order. In some cases this may help you and in some cases this may hurt you. In some cases your more important checks may get paid later in this sequence. By processing checks in numerical order, this does not mean your highest dollar amount checks will be paid first, or that your smallest dollar amount checks will be paid first. If the smallest dollar amount transactions are paid first, you may have fewer non-sufficient funds (NSF) or overdraft fees, but the largest - and perhaps the most important - transactions (such as rent or mortgage payments) might not be paid. By paying checks in numerical check order, we think our policy attains a reasonable balance between minimizing additional cost to you and paying your more important transactions. Using the check number order method is our way of trying to be neutral. Zero Balance – If your account is at a zero balance for a period of 30 days, your account will automatically be closed. December 2015 27 Regulation E ELECTRONIC FUND TRANSFER AGREEMENT AND DISCLOSURE For purposes of this disclosure and agreement the terms “we”, “us”, and “our” refer to the Bank named above. The terms “you” and “your” refer to the recipient of this disclosure and agreement. The Electronic Fund Transfer Act and Regulation E require Banks to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or bills. This disclosure also applies to the use of your Sierra Debit Card at our automated teller machines (ATMs) and any networks described below. TERMS AND CONDITIONS. The following provisions govern the use of electronic fund transfer (EFT) services through accounts held by the Bank which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. ELECTRONIC FUND TRANSFER SERVICES PROVIDED SERVICES PROVIDED THROUGH USE OF SIERRA DEBIT CARD If you have received an electronic fund transfer card (“Sierra Debit Card”) from us you may use it for the type(s) of services noted below, and the following provisions are applicable: USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER (“PIN”). In order to assist us in maintaining the security of your account and the terminals, the Sierra Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. We may, but do not have to, allow transactions which exceed your available account balance or available overdraft protection. If we do, you agree to pay the overdraft. You also agree to pay overdraft charges in effect from time to time for each transaction which caused your available account balance or available overdraft protection to be exceeded. Certain transactions involving your Sierra Debit Card require use of your PIN, which is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify the Bank immediately if your Sierra Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Sierra Debit Card or to write your PIN on your Sierra Debit Card or on any other item kept with your Sierra Debit Card. We have the right to refuse a transaction on your account when your Sierra Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account. The security of your account depends upon your maintaining possession of your Sierra Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN by using a Bank of the Sierra ATM, or by calling 1-800-448-8268. ATM SERVICES The following services are available through use of your Sierra Debit Card. You may withdraw cash from your checking account(s), savings account(s), and money market account(s). You may make deposits into your checking account(s), savings account(s), and money market account(s). You may transfer funds between your checking and savings accounts, checking and money market accounts, savings and money market accounts. You may make balance inquiries on your checking account(s), savings account(s), and money market account(s). NETWORK. Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions. For example, you may not be able to make deposits or transfer funds at ATMs located out of state. Besides being able to use your Sierra Debit Card at our ATM terminals, you may access your accounts through the following networks: Cirrus, MasterCard, Maestro, Pulse and Allpoint. ATM FEES. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We charge a fee for using ATMs not owned by us, as disclosed in the Schedule of Other Services, given to you in your Account Disclosures. POINT OF SALE TRANSACTIONS You may use your Sierra Debit Card to purchase goods and services from merchants that have arranged to accept your Sierra Debit Card as a means of payment (these merchants are referred to as “Participating Merchants”). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your Sierra Debit Card, including any purchase where you receive cash, are referred to as “Point of Sale” (POS) transactions and will cause your “designated account” to be debited for the amount of the purchase. 28 In addition, your Sierra Debit Card may be used at any merchant that accepts MasterCard™ debit cards for the purchase of goods and services. Your card may also be used to obtain cash from your designated account at participating financial institutions. Each time you use your Sierra Debit Card, the amount of the transaction will be debited from your designated account. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for the Sierra Debit Card transactions. We may, but do not have to, allow transactions which exceed your available account balance or available overdraft protection. If we do, you agree to pay the overdraft. You also agree to pay overdraft charges in effect from time to time for each transaction which caused your available account balance or available overdraft protection to be exceeded. CURRENCY CONVERSION. If you effect transactions with your Sierra Debit Card in a currency other than US dollars, MasterCard International Inc., will convert the charge into a US dollar amount. At MasterCard International they use a currency conversion procedure, which is disclosed to institutions that issue MasterCard. Currently the currency conversions rate used by MasterCard International to determine the transaction amount in US dollars for such transactions is generally either a government mandated rate or wholesale rate, determined by MasterCard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by MasterCard International. The currency conversion rate used by MasterCard International on the processing date may differ from the rate that would have been used on the purchase date or the cardholder statement posting date. IMPORTANT ADDITIONAL FEE NOTICE. MasterCard charges us a Currency Conversion Fee of 0.200% of the transaction amount for performing currency conversions and a Cross-Border Fee of 0.800% of the transaction on all cross-border transactions (even those with no currency conversion). Therefore, you will be charged 1.000% of the dollar amount on all cross-border transactions – i.e., transactions processed through the “Global Clearing Management System” or the “MasterCard Debit Switch” when the country of the merchant or machine is different than your country, as cardholder. MANNER OF HOLD AND RELEASE. When you use your Sierra Debit Card in a POS transaction, a hold will be placed on your designated account. The hold may be for the amount of the transaction or for a pre-established amount in excess of individual transactions (for example, hotel or car reservations). The held funds will not be available for other account purposes, and we have the right to return checks or other items drawn against your account to maintain sufficient funds to pay for any previously authorized transactions. The hold will be released when your Sierra Debit Card transaction is settled through the MasterCard system, and you agree to maintain sufficient available funds on deposit in the designated account to cover all previously authorized transactions. The hold may continue even if you do not purchase any goods or services for which authorization was obtained. If checks are paid or returned because of the debit hold on the account, you agree to pay all applicable charges. We may, but are not obligated to, allow transactions which exceed your available balance or available credit line. If we do, you agree upon receiving notice, to immediately deposit sufficient funds to the Account to cure the overdraft. You also agree to pay the overdraft charges in effect for each transaction which causes your available account balance or available line of credit to be exceeded POINT OF SALE DISPUTES. Since your card is not a credit card, if you have a dispute with the merchant regarding the quality, price, warranty or otherwise regarding the goods or services you purchase with your card, you will have to settle your dispute with the merchant directly. We are not responsible for the merchant’s actions, including any misrepresentations by the merchant. POINT OF SALE FEES AND CHARGES. There is no Bank of the Sierra fee for POS transactions. CAUTION: Using the Sierra Debit Card at a point-of-sale terminal in the “debit” function (using your PIN) may result in a fee assessed by the POS merchant. If they do so, a sign describing the fee should be posted at the terminal. NO FEE will be assessed using the Sierra Debit Card in the “credit” function (without your PIN, slide card through the magnetic reader). SERVICES PROVIDED THROUGH USE OF SIERRA TELEBANKING You may perform the following function through use of Sierra Telebanking at 888-307-3772 using a touch tone phone, your account numbers and your PIN. You may initiate transfers of funds between your checking and savings accounts, checking and money market accounts, savings and money market accounts and checking to Sierra Reserve Accounts. You may make balance inquires on your checking account(s), savings account(s), and money market account(s). You may change your PIN via the telephone. PREAUTHORIZED TRANSFER SERVICES You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), and money market account(s). You may arrange for the preauthorized automatic payment of bills from your checking account(s), savings account(s), and money market account(s). SERVICES PROVIDED THROUGH USE OF SIERRA ONLINE BANKING This Bank offers its customers an Internet Banking (Home Banking) service. This service permits you to perform the following transactions using your home computer. View deposits and cleared checks, download or upload to Quicken or MS Money, check balances, and transfer funds between your accounts, and reorder checks. An additional service offered through Sierra Online Banking is Sierra Personal Bill Pay. 29 LIMITATIONS ON TRANSACTIONS TRANSACTION LIMITATIONS – SIERRA DEBIT CARD CASH WITHDRAWAL LIMITATIONS – You may withdraw up to $500.00 through the use of ATMs in any one day. You may make up to 99 withdrawals of cash through the use of ATMs in any one day. POINT OF SALE LIMITATIONS – You may buy up to $1,500.00 worth of goods or services each day through use of our Point of Sale service. OTHER LIMITATIONS The terms of your account(s) may limit the number of withdrawals you make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise. LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of telephone transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six such transfers from each money market and/or savings type account(s) you have each month for purposes of making a payment to a third party, by use of a telephone, by check, draft, debit card, or similar order. NOTICE OF RIGHTS AND RESPONSIBILITIES The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding these services as described below. RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS TRANSACTION RECEIPTS. Upon completing a transaction at an ATM you will receive a printed receipt documenting the transaction (unless you have chosen not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. You will receive a receipt at the time you perform any transaction using your Sierra Debit Card at a Participating Merchant. PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly. PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company: - You can call us at 1-888-454-2265 to find out whether or not the deposit has been made. RIGHTS REGARDING PREAUTHORIZED TRANSFERS RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment, call us at: 1-888-454-2265 (Mon - Fri: 7:30 a.m. to 6:00 p.m.) or write to: Bank of the Sierra P. O. Box 1930 Porterville, CA 93258 We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we may require you to put your request in writing and deliver it to us within fourteen (14) days after you call. The charge for stop payments is disclosed in the Schedule of Other Services, given to you in your Account Disclosures. NOTICE OF VARYING AMOUNTS. If you have arranged for automatic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten days prior to the payment date of the amount to be deducted. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages. NOTE: You may not stop payment on an ATM, POS or Sierra Debit Card transaction. ELECTRONIC CHECK CONVERSION You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills. 30 YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT If you believe your Sierra Debit Card or PIN or internet banking access code has been lost or stolen, call us at: 1-888-454-2265 (Mon - Fri: 7:30 a.m. to 6:00 p.m.) or write to: Bank of the Sierra P. O. Box 1930 Porterville, CA 93258 You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission. CONSUMER LIABILITY Tell us at once if you believe your Sierra Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your Sierra Debit Card or PIN, your liability is limited to zero dollars if someone used your Sierra Debit Card or PIN without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of you Sierra Debit Card or PIN and we can prove we could have stopped someone from using your Sierra Debit Card or PIN without your permission if you had given us notice, you can lose as much as five hundred dollars ($500). Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving notice, we will extend the time periods. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING SIERRA DEBIT CARD The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your Sierra Debit Card with the MasterCard™ logo. These limits apply to unauthorized transactions processed on the MasterCard™ Network. If you notify us about an unauthorized transaction involving your Sierra Debit Card, and the unauthorized transaction took place on the MasterCard™ Network, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from risk of loss or theft and upon becoming aware of such loss or theft; you must have promptly reported the loss or theft to us. If the cardholder does not meet the conditions stated above, then the liability of the cardholder is unlimited. PROVISIONAL CREDIT: Sierra Debit Card customers will be given provisional credit within five (5) business days of written notification for lost funds due to unauthorized transactions. Your liability for unauthorized transactions with your Sierra Debit Card that involve PIN-based transactions not processed by the MasterCard™ Network, including ATM transactions may qualify for zero liability protection given that you exercised reasonable care in safeguarding your card from risk of loss or theft and upon becoming aware of such loss or theft you promptly reported the loss or theft to us. ILLEGAL USE OF SIERRA DEBIT CARD. You agree not to use your Sierra Debit Card for any illegal transactions, including internet gambling and similar activities. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS In case of errors or questions about your electronic fund transfers, call us at: 1-888-454-2265 (Mon - Fri: 7:30 a.m. to 6:00 p.m.) or write to: Bank of the Sierra P. O. Box 1930 Porterville, CA 93258 or use the current information on your most recent account statement. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact the Bank no later than 60 days after it sent you the first statement on which the problem or error appears. You must be prepared to provide the following information: • Your name and account number • A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information • The dollar amount of the suspected error. If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days. 31 We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or point of sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money in question during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or point of sale transactions. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. LIABILITY FOR FAILURE TO COMPLETE TRANSACTION If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance: • If through no fault of ours, you do not have enough money in your account to make the transfer. • If the transfer would result in your exceeding the credit limit on your line of credit, if you have one. • If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer. • If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken. • If we have terminated our Agreement with you. • When your Sierra Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction. • If we receive inaccurate or incomplete information needed to complete a transaction. • In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer. • If the funds in the account are subject to legal action preventing a transfer to or from your account. • If the electronic terminal does not have enough cash to complete the transaction. There may be other exceptions provided by applicable law. DISCLOSURE OF ACCOUNT INFORMATION We will disclose information to third parties about your account or electronic fund transfers made to your account: 1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or 2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or 3. In order to comply with government agency or court orders; or 4. With your consent. DEFINITION OF BUSINESS DAY Business days are Monday through Friday excluding holidays. AMENDING OR TEMINATING THE AGREEMENT We may change this agreement from time to time. You will be notified at least 21 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time. ATM SAFETY TIPS As issuers of Automated Teller Machine (ATM) access devices, we have provided for your information a list of safety precautions regarding the use of automated teller machines. California issuers of Automated Teller Machine (ATM) access devices are required to provide customers with safety precautions regarding use of automated teller machines. Please read the following safety tips: • Be aware of your surroundings, particularly at night. • Consider having someone accompany you when the automated teller machine is used after dark. • Refrain from displaying your cash. Protect your cash and ATM access device as soon as your transaction is completed. Count the cash later in the safety of your car or home. • Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave. • Go to the nearest public area where people are located if you are followed after making a transaction. • Report all crimes to law enforcement officials immediately. ADDITIONAL PROVISIONS Your account is also governed by the terms and conditions of other applicable agreements between you and the Bank. 32 TRUTH IN SAVINGS INFORMATION Totally Free No minimum amount to open. No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. 50+ Free Interest Eligibility Requirements: Reserved for individuals who are age 50 or better. We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a variable rate account. See enclosed Deposit Rate Sheet for current rates. Your interest rate and annual percentage yield may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Premier We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum balance fee of $8.00 will be imposed every month if the balance falls below $1,000.00 any day of the month. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Health Savings Account Eligibility Requirements: This is an account for any person that is enrolled in a qualifying high deductible health plan, according to IRS eligibility requirements. We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum balance fee of $3.00 will be imposed every month if the balance falls below $3,000.00 any day of the month. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Personal Money Market We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum balance fee of $10.00 will be imposed every month if the balance falls below $2,500.00 any day of the month. You must maintain a minimum daily balance of $2,500.00 in the account each day to obtain the disclosed annual percentage yield. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). During any four week or similar period, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Six of these withdrawals per month will be allowed at no charge. Beginning with the 7th withdrawal during the month, a charge of $12.00 will be assessed for each withdrawal. These charges will be assessed monthly. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Personal Savings We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a variable rate account. See enclosed Deposit Rate Sheet for current rates. Your interest rate and annual percentage yield may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. You must maintain a minimum daily balance of $300.00 in the account each day to obtain the disclosed annual percentage yield. Interest will be compounded daily and will be credited to your account quarterly. If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum daily balance fee of $9.00 will be imposed every quarter if the balance in the account falls below $300.00 any day of the quarter. If you maintain other accounts with Bank of the Sierra, there will be no minimum balance requirement or minimum balance fee charged. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). During any four week or similar period, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Bank of the Sierra Savings Accounts are limited to nine (9) savings withdrawals per quarter with no charge; beginning with the tenth (10th) savings withdrawal, a fee of $2.00 will be assessed on each savings withdrawal thereafter. These charges will be assessed quarterly. Zero Balance-If your account is at a zero balance for 33 a period of 30 days, your account will automatically be closed. Minor Savings Eligibility Requirements: Savings account for children under the age of 18. The account may be opened without a parent to sign on the account as soon as the minor can provide his/her signature. We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a variable rate account. See enclosed Deposit Rate Sheet for current rates. Your interest rate and annual percentage yield may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded daily and will be credited to your account quarterly. If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). During any four week or similar period, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Bank of the Sierra Savings Accounts are limited to nine (9) savings withdrawals per quarter with no charge; beginning with the tenth (10th) savings withdrawal, a fee of $2.00 will be assessed on each savings withdrawal thereafter. These charges will be assessed quarterly. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Sierra Business Checking No minimum amount required to open this account. There are no Transaction Limitations for this account. The following fees and charges may be assessed against your account: Processing cash (in and out) up to $10,000 is free. Cash processing in excess of $10,000 will result in this account being changed to Sierra Business Analysis. See Schedule of Other Services for details. 50 monthly deposits are free. A service charge fee of $1.40 will be imposed on your account for each deposit (excluding ACH deposits) in excess of 50. 200 monthly debit transactions are free (debit transactions include checks written, debit card transactions, ACH debits, etc.). A service charge fee of $0.15 will be imposed on your account for each debit transaction in excess of 200. 500 monthly items (checks, etc) deposited are free. A service charge of $0.15 will be imposed on your account for each item deposited in excess of 500. Depending on unusual activity, account may be subject to special analysis. No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Sierra Business Analysis No minimum amount required to open this account. There are no Transaction Limitations for this account. Fees and charges are based on transactions and services provided. Earnings credit allowance on deposit balance may offset activity fees. There is a monthly service charge fee of $16.00. Transactions are charged on a per-transaction basis. See Schedule of Other Services for per-transaction fees. No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Business + Interest We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum balance fee of $19.00 will be imposed every month if the balance falls below $5,000.00 any day of the month. The following fees and charges may be assessed against your account: Processing cash (in and out) up to $10,000 is free. Cash processing in excess of $10,000 will result in this account being changed to Sierra Business Analysis. See Schedule of Other Services for details. 50 monthly deposits are free. A service charge fee of $1.40 will be imposed on your account for each deposit (excluding ACH deposits) in excess of 50. 200 monthly debit transactions are free (debit transactions include checks written, debit card transactions, ACH debits, etc.). A service charge fee of $0.15 will be imposed on your account for each debit transaction in excess of 200. 500 monthly items (checks, etc) deposited are free. A service charge of $0.15 will be imposed on your account for each item deposited in excess of 500. Depending on unusual activity, account may be subject to special analysis. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). No transaction limitations apply to this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Business Money Market We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. A minimum balance fee of $10.00 will be imposed every month if the balance falls below $5,000.00 any day of the month. You must maintain a minimum daily balance of $5,000.00 in the account each day to obtain the disclosed annual percentage yield. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). During any four week or similar period, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Six of these withdrawals per month will be allowed at no charge. Beginning with the 7th withdrawal during the month, a charge of $15.00 will be assessed for each withdrawal. These charges will be assessed monthly. Depending on unusual activity, account may be subject to special analysis. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Public Demand No minimum amount required to open this account. There are no Transaction Limitations for this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Public Interest We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a tiered 34 variable rate account. See enclosed Deposit Rate Sheet for current rates. The interest rate and annual percentage yield for your account depend upon the applicable rate tier. The interest rate and annual percentage yield for these tiers may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded monthly and will be credited to your account every 1 month(s). Interest will be added back to principal every 1 month(s). If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). There are no Transaction Limitations for this account. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. Business Savings We reserve the right to at any time require not less than 7 days notice in writing before any withdrawal from an interest bearing account. This is a variable rate account. See enclosed Deposit Rate Sheet for current rates. Your interest rate and annual percentage yield may change. At our discretion, we may change the interest rate on your account. We may change the interest rate on your account every day. There are no maximum or minimum interest rate limits for this account. Interest will be compounded daily and will be credited to your account quarterly. If you close your account before interest is credited, you will not receive the accrued interest. No minimum amount required to open this account. You must maintain a minimum daily balance of $1,500.00 in the account each day to obtain the disclosed annual percentage yield. A minimum daily balance fee of $9.00 will be imposed every quarter if the balance in the account falls below $1,500.00 any day of the quarter. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Interest begins to accrue no later than the business day we receive credit for the deposit of non cash items (for example, checks). During any four week or similar period, you may not make more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a preauthorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. Bank of the Sierra Savings Accounts are limited to nine (9) savings withdrawals per quarter with no charge; beginning with the tenth (10th) savings withdrawal, a fee of $2.00 will be assessed on each savings withdrawal thereafter. These charges will be assessed quarterly. Zero Balance-If your account is at a zero balance for a period of 30 days, your account will automatically be closed. PRICING CHANGES FOR AFFECTED PRODUCTS AND SERVICES Account Inquiry - Up to 3 Per Month Cash Order (Customers) - Non-Standard Increments Cash Order (Customers & MSB) - Standard Increments Cash Order (Customers & MSB) - Same Day Fulfillment Cash Order (Customers & MSB) - Paid Against Uncollected Funds Checks Not on Proper Form (each) Checks Not on Proper Form (each) - Subsequent Rejections Collections - Foreign Incoming (each) Collections - Foreign Outgoing (each) Debit Cards: Special Handling Excess Transactions - Personal/Business SAV Fax Services - First Page Fax Services - Additional Pages (each) Health Savings Account - Setup Fee Health Savings Account - Excessive Contribution Money Service Business - Account Opening Fee Money Service Business - Monthly Fee (depends on risk level) Money Service Business - Monthly Fee (depends on risk level) Night Deposit Service - Key Deposit (each) Night Deposit Service - Plastic Disposable Bags Photocopy of Statement (each) Remote Deposit Capture - Implementation/Training Remote Deposit Capture - Monthly Maintenance for Each Additional Account Remote Depoosit Capture - Early Cancellation Fee (<12 months) Account History Printout Wire Transfers - Domestic Outgoing (each) Bank of the Sierra $0.00 $5.00 $20.00 $40.00 .30% of amount UCF $50.00 $5.00 Bank cost Bank cost $45.00 $2.00 over 9 per quarter $3.00 $1.00 $20.00 $20.00 $500.00 $300.00 $500.00 $5.00 Bank cost $6.00 $150.00 $10.00 $100.00 $2.00 $27.50 Wire Transfers - Foreign Outgoing (each) $50.00 Account Analysis - Returned Deposit Items Account Analysis - Deposited Items (each) $5.00 $0.15 Citizens Business Bank Up to 6 free Custom per order Custom per order Custom per order N/A N/A N/A $25.00 $25.00 $35.00 $1.00 over 6 per month N/A N/A N/A N/A N/A $125.00 $125.00 N/A $30.00 $2.00 $100.00 N/A N/A N/A $35.00/$15.00 through OLB/$20.00 Int’l online in US funds $35.00 in US $/$50.00 in Foreign $ N/A $0.12 35 PRICING CHANGES FOR AFFECTED PRODUCTS AND SERVICES (Continued) Current Certificates of Deposit and IRAs Certificate of Deposit and Individual Retirement Certificate of Deposit rates, Annual Percentage Yield (APY), and terms will remain until maturity. At maturity, they will renew at the current Bank of the Sierra rate. The Annual fee for Individual Retirement Accounts will change from $25.00 annually to $15.00 annually. Additional deposits and partial withdrawals are not allowed for fixed rate Certificate of Deposits and Individual Retirement Accounts. The IRA Custodian will change from Citizens Business Bank to Bank of the Sierra. Early withdrawal penalties will change as follows: Maturity Term: 31-89 Days Terms > 89 Days Citizens Business Bank $25.00 plus 1% of the withdrawn amount. $25.00 plus 1% of the withdrawn amount. Bank of the Sierra 30 Days’ interest on the account balance. 90 Days’ interest on the account balance. Money Market Accounts Excessive transaction fees will be updated to the following after conversion: Citizens Business Bank Personal: $10.00 Business: $10.00 Bank of the Sierra Personal: $12.00 Business: $15.00 Personal General Fees Citizens Business Bank customers will no longer be charged for the following services once converted to Bank of the Sierra: • • • • • • • • • • • • • Safe Deposit Box Any Safe Deposit Boxes with rent due after conversion will be at the new Bank of the Sierra rate. Additional Safe Deposit Box fee changes: Key Missing on Surrender of Box: $25.00 Forced Entry - Failure to Appear for Appointment: $50.00 Key Deposit: $25.00 Citizens Business Bank Charge $45.00 $60.00 $110.00 $140.00 Box Size 3x5 5x5 5x10 10x10 Bank of the Sierra Charge $30.00 $50.00 $80.00 $150.00 Sierra Cash Management Bank of the Sierra offers Sierra Cash Management which includes online account access, transfers, view images, eStatements and Bill Payment at no cost. For Citizens Business Bank Business Online Banking customers with Tax Payment Initiation, the monthly cost will be changed from $30.00 per month to $49.95.Bank of the Sierra Current Fees: • Bank of the Sierra Basic Cash Management with Bill Pay: Free • Bank of the Sierra Basic Cash Management with Wires: $19.95 Monthly Fee • Bank of the Sierra Basic Cash Management with ACH Origination: $49.95 Monthly Fee • Bank of the Sierra Basic Cash Management with ACH Origination and Wires: $69.95 Monthly Fee Debit Card Transaction Limits: Citizens Business Bank Limits Consumer ATM $500/POS $1,500 Business ATM $500/POS $2,000 36 Bank of the Sierra Limits ATM $500/POS $1,500 ATM $500/POS $1,500 • • • • ACH Credit/Debit Notification Credit Verification by Mail Endorsement Guarantee The Following Escheatment Fees: • Deposit Accounts • Official Check/Cashier’s Check HSA Termination Fee Letters of Reference Overdraft Transfer Fees (from Checking or Savings) The Following Returned Deposit Item Fees: • Redeposit • Special Processing Instructions • Special Notification (Phone) Returned Mail Signature Guarantee The Following Statement Fees: • Paper - With Check Images (Image Statement) • Paper - Multiple Mailed Telephone/Manual Funds Transfer The Following Wire Transfer Fees: • Electronic Wire Notification - Incoming/Outgoing (fax/e-mail) • Domestic Wire Investigation • International Wire Investigation • Domestic Wire Cancel/Recall Request • International Wire Cancel/Recall Request Personal Mobile Banking - Mobile Deposit Personal Mobile Banking - Send Money (3 Day/Next Day) Personal Mobile Banking - Request Money (3 Day) The Following ATM Customer Transactions Performed at a Third Party Location: • Balance Inquiry • Transfer of Funds • Transaction Denial 37 38 Terms and Conditions of Your Account Agreement. This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us. This agreement is subject to applicable federal laws, the laws of the state of California and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to: 1. summarize some laws that apply to common transactions; 2. establish rules to cover transactions or events which the law does not regulate; 3. establish rules for certain transactions or events which the law regulates but permits variation by agreement; and 4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested. If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. As used in this document the words “we,” “our,” and “us” mean the financial institution and the words “you” and “your” mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular. Liability. You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your account when they are incurred, without notice to you. Deposits. We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence. Withdrawals. Generally. Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us. Postdated Checks. A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item. Checks and Withdrawal Rules. If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified. Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify it as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification. If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item. See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds. 39 Overdrafts. You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees. Multiple Signatures, Electronic Check Conversion,and Similar Transactions. An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the check to examine the signatures on the item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures. Notice of Withdrawal. We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal. Ownership of Account and Beneficiary Designation. These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. As used in this agreement “party” means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an agent. Individual Account. This is an account in the name of one person. Joint Account. This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Joint Account of Husband and Wife with Right of Survivorship. This account or certificate is owned by the named parties, who are husband and wife, and is presumed to be their community property. Upon the death of either of them, ownership passes to the survivor. Community Property Account of Husband and Wife. This account or certificate is the community property of the named parties who are husband and wife. The ownership during lifetime and after the death of a spouse is determined by the law applicable to community property generally and may be affected by a will. Tenancy in Common Account. This account or certificate is owned by the named parties as tenants in common. Upon the death of any party, the ownership interest of that party passes to the named pay-on-death payee(s) of that party, or, if none, to the estate of that party. P.O.D. Account with Single Party. This account or certificate is owned by the named party. Upon the death of that party, ownership passes to the named pay-on-death payee(s). P.O.D. Account with Multiple Parties. This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Upon the death of all of them, ownership passes to the named pay-on-death payee(s). Totten Trust Account (subject to this form). If two or more of you create this account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating either of these account types reserves the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time. Trust Account Subject to Separate Agreement. We will abide by the terms of any separate agreement which clearly pertains to this account and which you file with us. Any additional consistent terms stated on this form will also apply. Business, Organization and Association Accounts. Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity. Stop Payments. Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules. We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was verbal your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by the person who initiated the stop-payment order. If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order. Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item). Telephone Transfers. A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, 40 we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of “preauthorized transfers” during the month). Other account transfer restrictions may be described elsewhere. Amendments and Termination. We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. You agree to keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s). Statements. Your Duty to Report Unauthorized Signatures, Alterations and Forgeries. You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. Your Duty to Report Other Errors. In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed 60 days. Failure to examine your statement and report any such errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. Errors Relating to Electronic Fund Transfers or Substitute Checks (For consumer accounts only). For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights. Direct Deposits. If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the U.S. Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. Temporary Account Agreement. If this option is selected, this is a temporary account agreement. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time. Set-Off. We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. The amount of the set-off may be further limited by applicable law. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note. This right of set-off does not apply to this account if prohibited by law. For example, the right of set-off does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of set-off. Check Processing. We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders. Check Cashing. We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint. Truncation, Substitute Checks, and Other Check Images. If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in conformance with our internal policy for retaining original checks. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check. 41 Remotely Created Checks. Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the check or has the owner’s name typed or printed on the signature line. For example, if a person provides an account number in response to a telephone solicitation, the telephone solicitor can use the account number to issue a remotely created check to withdraw money from that account. You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance. Unlawful Internet Gambling Notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling. ACH and Wire Transfers. This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an 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. These 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 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 payment order to credit 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. Facsimile Signatures. Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused. Authorized Signer (Individual Accounts only). A single individual is the owner. The authorized signer is merely designated to conduct transactions on the owner’s behalf. The owner does not give up any rights to act on the account, and the authorized signer may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the authorized signer. We undertake no obligation to monitor transactions to determine that they are on the owner’s behalf. The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept the designation of an authorized signer. Fictitious Business Name Accounts. If the name in which the account is held is fictitious, each account holder represents that one or more of the account holders have the right to use that name and have fulfilled all legal requirements for using and or doing business under that name. Restrictive Legends. The automated processing of the large volume of checks we receive prevents us from inspecting or looking for special instructions or “restrictive legends” on every check. Examples of restrictive legends placed on checks are “must be presented within 90 days” or “not valid for more than $1,000.00.” For this reason, we are not required to honor any restrictive legend placed on checks you write unless we have agreed in writing to the restriction. We are not responsible for any losses, claims, damages, or expenses that result from your placement of these or other special instructions on your checks. Unclaimed Property. Your property may be transferred to the appropriate state if no activity occurs in the account within the time period specified by state law. Account Transfer. This account may not be transferred or assigned without our prior written consent. Indorsements. We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant that all indorsements are genuine. To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g., additional indorsements, ID information, driver’s license number, etc.) must fall within 1 1/2” of the “trailing edge” of a check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment. As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all indorsement information within 1 1/2” of that edge. It is important that you confine the indorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement, or information you have printed on the back of the check obscures our indorsement. These indorsement guidelines apply to both personal and business checks. 42 Death or Incompetence. You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or legal incompetence for up to ten (10) days after your death or legal incompetence unless ordered to stop payment by someone claiming an interest in the account. Fiduciary Accounts. Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters. Credit Verification. You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency. Legal Actions Affecting Your Account. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed “legal action” in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions. Security. It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Your account number can also be used to electronically remove money from your account. If you provide your account number in response to a telephone solicitation for the purpose of making a transfer (to purchase a service or merchandise, for example), payment can be made from your account even though you did not contact us directly and order the payment. You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss). You agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. Telephonic Instructions. Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. Claim of Loss. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources. Early Withdrawal Penalties (and involuntary withdrawals). We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. Address or Name Changes. You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. Resolving Account Disputes. We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons. Waiver of Notices. You waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account Additional Terms. 43 locations Current Bank of the Sierra Branches 44 Bakersfield East Hills Dinuba Hanford 2501 Mt Vernon Avenue 401 East Tulare Street 427 West Lacey Boulevard Bakersfield, CA 93306 Dinuba, CA 93618 Hanford, CA 93230 661-873-2000 (559) 591-6921 (559) 585-6700 Bakersfield Ming Exeter Lindsay 8500 Ming Avenue 1103 West Visalia Road 142 South Mirage Avenue Bakersfield CA, 93311 Exeter, CA 93221 Lindsay, CA 93247 (661) 663-3400 (559) 592-4134 (559) 562-6311 Bakersfield Riverlakes Farmersville Porterville Main 4060 Coffee Road 400 W. Visalia Road 90 North Main Street Bakersfield, CA 93308 Farmersville CA, 93223 Porterville, CA 93257 (661) 587-2069 (559) 747-1920 (559) 782-4300 California City Fillmore Porterville West Olive 8031 California City Boulevard 527 Sespe Avenue 1498 West Olive Avenue California City, CA 93505 Fillmore, CA 93015 Porterville, CA 93257 (760) 373-8602 805.524.1999 (559) 782-4500 Clovis Fresno Herndon Reedley 1835 East Shaw Ave 7029 N. Ingram/Herndon 1095 West Manning Avenue Clovis, CA 93611 Fresno, CA 93650 Reedley, CA 93654 (559) 297-3391 (559) 449-8145 (559) 638-1602 Corporate Offices-Porterville Fresno Shaw Santa Clarita 86 North Main Street 636 East Shaw Avenue 26328 Citrus Street Porterville, CA 93257 Fresno, CA 93710 Santa Clarita, CA 91355 1-888-454-BANK (559) 248-0112 (661) 255-9250 Delano Fresno Sunnyside Santa Paula 1126 Main Street 5775 E. Kings Canyon Rd 901 E. Main Street Delano, CA 93215 Fresno, CA 93727 Santa Paula, CA 93060 (661) 720-2800 (559) 458-7350 805.525.1999 Ventura Los Angeles Selma Tulare 2450 McCall Ave, 246 East Tulare Avenue Selma, CA 93662 Tulare, CA 93274 (559) 891-1477 (559) 686-4900 Tehachapi Main Tulare Prosperity 224 West F Street 1430 E Prosperity Ave. Tehachapi, CA 93561 Tulare, CA 93274 (661) 822-6801 (559) 687-3161 Tehachapi Old Town Visalia Downtown 21000 Mission Boulevard 128 East Main Street Tehachapi, CA 93561 Visalia, CA 93291 (661) 822-9191 (559) 740-4200 Three Rivers Visalia Mooney 40884 Sierra Drive 2515 South Mooney Boulevard Three Rivers, CA 93271 Visalia, CA 93277 (559) 561-5910 (559) 636-0100 45 BankoftheSierra.com 03/16
Similar documents
report - Bank of the Sierra
countries, and our customers have access to electronic point-of-sale payment alternatives nationwide via the Pulse EFT network. To ensure that account access preferences are addressed for all custo...
More information