Rules and Regulations

Legal Disclaimers
Rules and Regulations Regarding Deposit Accounts


DEPOSIT ACCOUNT INFORMATION
RULES AND REGULATIONS REGARDING DEPOSIT ACCOUNTS
Effective July 2, 2012

The Rules and Regulations Regarding Deposit Accounts (the "Agreement") govern the deposit relationship between you and Cole Taylor Bank ("Cole Taylor"). This Agreement is governed by laws of the State of Illinois (unless such laws are specifically preempted by federal law) other applicable laws, which include the Illinois Uniform Commercial Code, clearing house rules, and the operating letters of the various Federal Reserve Banks. If any terms of this Agreement come into conflict with any applicable law, those terms will be nullified to the extent that they are inconsistent with the law, and the applicable law will govern. If any provision of this Agreement is declared to be invalid, unenforceable or illegal, that part will not affect the validity of the other provisions.

For purposes of this Agreement, the words “you” and “your” mean each account owner and anyone else with authority to deposit, withdraw, or exercise control over your account. If there is more than one owner, these words mean each account owner separately, and all account owners jointly. The words “we,” “us,” or “our” refer to Cole Taylor.

When you sign our Account Agreement and Signature Verification Cardyou acknowledge receipt of this Agreement and agree to be bound by the terms and conditions contained herein. If you open your account online, you acknowledge your receipt of this Agreement and agree to be bound by the terms and conditions hereof by checking the box labeled “I have read and agree to the Privacy Policy and Rules and Regulations Regarding Deposit Accounts” and clicking “Continue” to complete your online account application.

This Agreement is a legally binding contract, so please read and retain it so that you can refer to it whenever you have questions regarding your account. Each separate account you establish with us may be subject to additional terms and conditions, evidenced by a separate agreement applicable to that account.

If you have further questions about your account or any of the products and services we offer after your review of this Agreement, please contact our Customer Service Center. Oral statements made by any employee of Cole Taylor will not alter or modify this Agreement.

You agree that if you have a business (i.e., a corporate, partnership, limited liability company or any other legal entity) account with us, all controversies, disputes or claims arising out of or related to this Agreement, including, without limitation, controversies regarding the validity of this Agreement and any compulsory counterclaims (as defined by Rule 13 of the Federal Rules of Civil Procedure), but, excluding collections of amounts due to us, will be submitted for binding arbitration to the Chicago, Illinois, office of the American Arbitration Association on demand by you or Cole Taylor. Such arbitration proceeding will be conducted in Chicago, Illinois, and will be heard by one arbitrator in accordance with the then-current rules of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. section 1, et seq.) and not by any state arbitration law. The decision and award of the arbitrator shall be binding and conclusive upon both you and Cole Taylor, and enforceable in any court of competent jurisdiction. The arbitrator will have the right to award or include in the award any lawfully appropriate relief and to assess costs or expenses to either you or Cole Taylor, or both. The provisions of this section will continue in full force and effect subsequent to and notwithstanding the termination of this Agreement. You and Cole Taylor hereby expressly agree to waive any right to a trial by jury in connection with any controversies, disputes or claims arising out of or related to this Agreement.

ACCOUNT AGREEMENT

We require identification and taxpayer information in order to open an account. To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify and record information that identifies each person who opens an account. This means that, when you open an account, we will ask you for your name, address, date of birth, taxpayer identification number, and other information that will allow us to identify you. We may also ask to see your current and valid driver's license or other identifying documents. We may also independently verify your identity through the comparison of identifying information you have provided with information we obtain from a consumer reporting agency, public database or other source. Accordingly, you agree to provide true, accurate, and complete information on all forms required by us and agree to inform us in writing if there is a change to such information.

In order to comply with various federal and state laws regarding the privacy and security of your account information and for your protection, we may ask you to verify your identity by asking you to provide specific account or other information before allowing any transactions to occur on your account.

You agree that we may procure an investigative report including information as to the credit worthiness, character, and general reputation, whichever are applicable, of any person or entity for which the account is established.

In our sole discretion, we may refuse to open any account, refuse to accept additional deposits into an account, and terminate check-writing privileges.

We reserve the right to terminate this Agreement and close your account for any reason, unless prohibited from doing so by applicable law. This Agreement will continue to govern any closed account.

  1. You shall notify us in writing of any change in the information you supplied to us at the time of the establishment of your account.
  2. In receiving and handling items for deposit or collection (including items received in payment of collections), we act only as your collecting agent and assume no responsibility beyond the exercise of due care. Certain items are credited or cashed subject to final payment in cash or solvent credits. We will not be liable for default or negligence of our correspondents, nor for losses in transit, and each correspondent shall be liable for its own negligence. It is optional, but not obligatory, to require certification in any case. Cole Taylor or our correspondents may, as your agent, send items directly or indirectly, to any bank or to any drawee, acceptor, or payor, and accept draft, check, or credit as conditional payment in lieu of cash. Our liability for deposits made by U.S. Mail or in outside depositories will be delayed until the deposits are recorded by us.
  3. The funds you deposit to your account are subject to normal collection processes even after we make the funds available to you for withdrawal (i.e., the check "cleared"). If we do not collect the funds or we need to return the funds, your deposit will be reversed and become your responsibility.
  4. We may present any item for collection to any Federal Reserve Bank and such items shall be subject to the rules and regulations of such Federal Reserve Bank or the Board of Governors of the Federal Reserve System now in force or hereafter promulgated.
  5. As part of our business practice, including the opening and maintenance of your account, you agree and provide us authorization to allow us to review from time to time your credit report from a consumer-reporting agency or review information from a public database or any other source.
  6. If we determine that your actions or the actions of those also on your account are unsatisfactory, we may report information about you and any joint account holder to a consumer-reporting agency and/or any other source, as allowed by applicable law. If you disagree with the information provided by us, please contact our Customer Service Center which will process your complaint. Such complaint will be answered by us in writing.
  7. If you are the victim of identity theft, and such theft includes the assets of any account you maintain with us, please immediately contact our Customer Service Center which will, as soon as practicable, place you in contact with our Investigations Department.
  8. As part of our business practice, we may record our conversations with you. Unless required by applicable law, we may not remind you that such conversations are being recorded.
  9. You agree that we may comply with any state or federal legal process, including without limitation, any garnishment, tax levy, subpoena or other similar proceeding related to your account. You agree that we may comply with such process even if the legal process affects the interest of only one owner of a joint account. When we are served with legal process regarding your account, we may refuse to permit withdrawals or transfers from your account and we may remove funds from your account and maintain them in a separate account until such legal process is satisfied or dismissed, even if such actions result in insufficient funds to pay any obligation you have incurred. We charge fees for responding to legal process involving your account. The fees are listed in our Fee Schedule, defined later in this Agreement. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages, including without limitation, expenses, court costs and reasonable attorneys' fees associated with our compliance with any legal process. You agree that you shall not be entitled to receive interest on any funds we hold or maintain in a separate account in connection with or response to legal process. To the extent that any deposit accounts are entitled to exemption from legal process, you agree to waive such exemption. Exempt deposits include without limitation, any social security, supplemental security income, veterans or other federal or state benefits.
  10. We may, on occasion, restrict access to your deposits, such as when you initially deposit funds to open an account. Please see our Funds Availability Disclosure, provided later in this Agreement, for further details.
  11. If we receive notice of an actual or potential adverse claim to your account or the funds in your account, we may in our sole discretion, refuse to pay out any money from your account for a reasonable period after receipt of notice of the actual or potential claims. Although we reserve our right to pay out any money from your account if it has received notice of an actual or potential claim, we are not required to recognize any adverse claim unless (i) the claimant provides us with an acceptable bond indemnifying us against all liabilities, losses, damages, costs and expenses, allocated in-house attorney fees and reasonable attorneys' fees that might be incurred by us in connection with payment of the adverse claim and any dishonored checks or other items, (ii) the claimant has obtained an order from a court of competent jurisdiction in a case in which you are made a party and served with a summons, or (iii) you act as a fiduciary for the claimant and the claimant gives us an affidavit setting forth the nature of your fiduciary relationship and the facts upon which the claimant has reasonable cause to believe that you are about to misappropriate funds.
  12. You agree to be liable to us for any loss, costs or expenses, allocated in-house attorney fees and reasonable attorneys' fees, to the extent permitted by law, that we incur as a result of any dispute involving your account. You authorize us to deduct any such loss, costs or expenses, allocated in-house attorney fees and reasonable attorneys' fees from your account without prior notice to you. This obligation includes disputes between you and Cole Taylor involving your account and situations where we become involved in disputes between you and an authorized signor, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.
  13. We endeavor to forward items payable on the day of receipt, but it is understood that items need not be forwarded until the following business day.
  14. If you ever owe us money as a borrower, guarantor or otherwise, and it becomes due, we have the right under law (called "setoff") and under this Agreement, you agree to grant us a security interest in your deposit account and authorize us to use the money from your account to pay the debt. We may use the money to pay the debt even if such a withdrawal results in an interest penalty or dishonor of checks or any other obligation that you have incurred. In the case of a partnership or a joint account, each partner or joint account holder agrees that we may use the money in their individual accounts to satisfy obligations of the joint account or partnership account. You agree that the security interest granted by this Agreement is consensual and is in addition to our right of setoff. However, the right of setoff and security interest may not apply to your account if (i) it is an IRA or a tax-deferred Keogh Retirement Account; (ii) the debt is created by a consumer credit transaction under a credit card plan; or (iii) the debtor's right of withdrawal arises only in a representative capacity.
  15. We reserve our right to refuse certain deposits, including, but not limited to, electronic transactions, checks with multiple payees or endorsements, third party checks or double endorsed government checks and other deposits which we believe, in our sole discretion, to be uncollectible.
  16. We shall have no duty to pay any items, including checks, which would overdraw your account, regardless of the frequency with which we may have done so in the past.
  17. If any account is established by two or more individuals, it is agreed that all funds now or hereafter deposited in that account, are and shall be, the joint property and owned by you as joint tenants with the right of survivorship and not as tenants in common unless otherwise clearly indicated by such individuals to the contrary.
  18. We reserve the right to change the terms and conditions contained in this Agreement, which may include adding or deleting certain terms and conditions entirely or partially. We recommend that you retain all notifications from us describing any account changes. Changes that we notify you of (either voluntarily or as required by law) will be provided to the then current address on record that you authorized. Your continued use of your account will be deemed as your acceptance of such amended, modified or supplemental terms, service fees and rules and regulations for the account then in effect. If any changes in this Agreement, the service fees on any account, or the rules and regulations for any account are unacceptable to you, your exclusive remedy is to terminate your account.
  19. We are not liable for any circumstances beyond our control, generally called an "Act of God." Such circumstances include, but are not limited to, natural disasters; local, regional or national emergencies; legal inability to take anticipated action; and the loss of equipment to process transactions or account data for any reason.
  20. Our delay in enforcing our rights under this Agreement shall not prevent us from enforcing those rights at a later date. A waiver of any provision of this Agreement by us applies only to the specific facts and circumstances related to such waiver and shall have no effect on future situations and in no way represent a course of dealing or modification of this Agreement between you and Cole Taylor.
  21. You agree that you shall release and indemnify, defend and hold harmless Cole Taylor, its parent, and its respective employees, agents, officers and directors (collectively, the "Indemnitees") from and against all claims, demands, liabilities, judgments and costs (including expenses, court costs and reasonable attorneys' fees) that may be made, asserted, or entered against or incurred by the Indemnitees, which in any way arise from, are incident to, grow out of or are connected with your request that we undertake and complete certain currency and/or coin counting services under the terms of this Agreement, whether such claims, demands, liabilities, judgments and costs are based upon negligence, strict liability in tort, breach of statutory duty, breach of any obligation arising under this Agreement or breach of warranty.

Duty to Examine Your Statement
Statements are made available to you by mail (or any other method we offer and that you authorize) at the last address you authorized. You should carefully examine the statement and images of cancelled checks when you receive them. If you feel that there is an error on the statement, images of cancelled checks, or that some unauthorized person has withdrawn funds from your account, you should notify us immediately. You agree that you are in the best position to discover any unauthorized transactions, which include forged or missing signatures and any error, material alteration, or counterfeit check. You agree that we will not be liable for paying such items if (i) you did not exercise reasonable care in examining your statement and images of cancelled checks or you have not reported unauthorized signatures or alterations to us within thirty (30) calendar days of the mailing of the earliest statement containing these items (or such statement was made available to you by any other method you have requested), or (ii) these items were drawn without authority or altered so cleverly (as by unauthorized use of a facsimile machine or otherwise) that the lack of authorization or alteration could not be detected by a reasonable person and you were negligent in some manner. If you have elected not to receive copies of images of cancelled checks in your statements, the images of cancelled checks or legible copies will be made available to you within a reasonable time after your written request is received by us that sufficiently identifies the checks requested. You agree that you will pay any service fee which we may require for the retrieval and copying of the requested checks.

Please refer to our Electronic Fund Transfer Disclosure and our Substitute Checks and Your Rights, contained herein, for any consumer (i.e., an account established for personal, household or family use) electronic banking transaction.

Remotely Created Checks
Like any standard check or draft, a remotely created check (sometimes called a telecheck, pre-authorized 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 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 two (2) years from the date of 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.

NOTICE TO COMMERCIAL CUSTOMERS

In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notice is to inform you that restricted transactions are prohibited from being processed through your account or relationship with our institution. Restricted transactions generally include, but are not limited to, those in which credit, electronic funds transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.

ACCOUNT DISCLOSURES

Checking Accounts
A checking account is a non-interest bearing account from which collected funds on deposit may be withdrawn at any time and without any prior notice (on demand) by a properly completed negotiable instrument called a check. You have unlimited check writing privileges. Statements will be issued monthly for all checking accounts. All transactions for the month will be indicated on the statement. The account will consist of two sub accounts: a transaction account and a savings account. At various times during a statement cycle we may transfer funds between the sub accounts. In the event of the sixth transfer from the savings account to the transaction account in a statement period, the entire account balance would be transferred to the transaction account for the remainder of the statement period. This sub account activity will not appear on your monthly statement and will not affect your account usage in any way.

Interest Checking and Money Market Accounts
Interest checking accounts ("NOW Accounts") and money market accounts are interest-bearing accounts from which you can withdraw collected funds by means of a properly completed instrument called a negotiable order of withdrawal. While a negotiable order of withdrawal is similar to a check, we reserve the right to require seven (7) calendar days prior notice before paying a negotiable order of withdrawal or before permitting any other form of withdrawal. Unless otherwise disclosed in the Fee Schedule, defined later in this Agreement, we use the daily-balance method to calculate the interest on your account. The daily-balance method applies a daily periodic rate to the collected balance in the account each day. Interest is compounded monthly and begins to accrue on the business day the account is opened, provided funds are collected. Interest is payable on your statement cycle date and will be credited to your account on that date. If your account is closed prior to the end of the statement cycle, you will not receive the accrued interest for that period. The account will consist of two sub accounts: a transaction account and a savings account. At various times during a statement cycle we may transfer funds between the sub accounts. In the event of the sixth transfer from the savings account to the transaction account in a statement period, the entire account balance would be transferred to the transaction account for the remainder of the statement period. This sub-account activity will not appear on your monthly statement and will not affect your account usage in any way.

Interest Checking Accounts

The interest rate and annual percentage yield earned on your interest checking account may vary and will be subject to change at any time by us, in our sole discretion. Further, the amount of any rate change will be within our sole discretion. Interest will not be paid for any day your collected balance is under the stated minimum to earn interest. The monthly maintenance fee may be waived if you maintain the required minimum balance. Refer to the Fee Schedule, defined later in this Agreement, for details. Refer to the Fee Schedule, defined later in this Agreement, for details. There is no limit on the number of withdrawals you may make. Federal law prohibits entities organized for profit, including corporations, partnerships and limited liability companies, from holding NOW Accounts. If we determine that you are not eligible under federal law to own NOW Accounts, we reserve our right to close the account or convert it to a non-interest bearing account without prior notice.

Money Market Accounts
The interest rate and annual percentage yield earned on your money market account may vary and will be subject to change at any time in our sole discretion. Further, the amount of any rate change will be within our sole discretion. Interest will not be paid for any day your collected balance is under the stated minimum to earn interest. The monthly maintenance fee may be waived if you maintain the required minimum balance. Refer to the Fee Schedule, defined later in this Agreement, for details. You may make unlimited deposits and withdrawals, in person, by mail or at an Automated Teller Machine ("ATM"). Other transactions permitted or authorized to be made can be no more than six transfers and withdrawals, or a combination of such transfers and withdrawals per calendar month or statement cycle (or similar period) of at least four weeks, to another account (including a transaction account) of yours at the same bank or to a third party by means of a pre-authorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, or by check, draft, debit card, or similar order made by you and payable to third parties. A pre-authorized transfer includes any arrangement by the bank to pay a third party from your account upon written or oral instruction (including an order received through an automated clearing house (ACH), or any arrangement by the bank to pay a third party from your account at a predetermined time or a fixed schedule. Electronic Fund Transfers, defined later in this Agreement, computer terminal transactions and telephone transactions are considered pre-authorized transfers. A charge may be assessed for each transfer or withdrawal that exceeds these restrictions. Refer to the Fee Schedule, defined later in this Agreement, for details on these charges. Federal regulation requires us to stop paying interest on your account or to close it if you repeatedly violate these limitations.

Collected Balance
Because checks and other non-cash items deposited must be presented for payment to the bank on which they are drawn, we cannot give immediate credit for these deposits. An item is considered collected when it has been finally paid by the bank on which it is drawn. Any items, other than cash, accepted for deposit will be given provisional credit only until collection is final.

Stopping Payment on a Check
You and any person who is authorized to draw checks on your account have the right to stop payment on any check drawn on the account that has not been paid or certified. Our check processing systems are highly automated and precise; therefore, we require the following information in order to process your stop payment order. We require correct and complete information which includes the exact amount of the check, check number, name of the payee, date of the check and the full account number. If any of this information provided by you is not correct and complete, we will be unable to process your stop payment order. You agree that we will not be liable to you for not following a stop payment order if the information you give us is not correct or complete. An oral stop payment order lapses after fourteen (14) calendar days unless you confirm it in writing within that time period. Stop payment orders do not renew automatically and expire after six (6) months unless you renew it in writing.

You agree that if you generate a check by computer or in any other manner that does not produce magnetic ink character recognition (MICR) encoded check number on the check, we can not guarantee that your stop order will be honored.

You agree that if you request a stop payment on any check which is subsequently reconverted to an automated clearing house debit, we cannot guarantee that your stop order will be honored.

Postdated and Stale Dated Checks
We reserve the right to pay any postdated or stale dated item when presented, despite any notice that you may send to us. You agree that we will not be liable to you for paying any postdated or stale dated check.

Check Legends
We are not required to honor any memos or legends you write on your check. An example of a legend or memo would be, "Must be presented within 90 days" or "Not valid for more than $50."

Order of Payment

We reserve the right to pay, including, without limitation, checks, automated clearing house debits, ATM withdrawals, debit card transactions, funds transfers, fees and charges due us or other items drawn on your account (collectively referred to as “Withdrawal Transactions), in any order that we determine, in our sole discretion, even if paying a particular check or item results in more fee income to us or an insufficient available balance in your account to pay one or more other items that otherwise could have been paid.

We may choose to categorize account Withdrawal Transactions into different categories, and we may choose to process and post Withdrawal Transactions in certain categories before those in other categories. For example, ATM withdrawals may be in a different category than checks. We may choose a different processing and posting order for Withdrawal Transactions within each category. We may change the payment processing and posting order at any time without notice to you.

Generally, although not obligated to do so, we pay items within Withdrawal Transaction categories from the lowest dollar amount to the highest dollar amount, with the exception of check categories which we pay in check number order.

Returned Deposits
If a check or other negotiable instrument is for less than one hundred dollars ($100.) and is returned for non-sufficient funds by the paying institution, we will redeposit the check a second time. The only exception to this policy is where a customer has given us prior written special instructions in this event. All other checks or negotiable instruments returned unpaid are charged back to the account where they were deposited.

Savings Accounts
A savings account is an interest-bearing depository account from which collected funds can be withdrawn by presenting a properly completed withdrawal form to one of our tellers or for statement savings only, through an ATM transaction. The interest rate and annual percentage yield earned on your savings account may vary and will be subject to change at any time at our sole discretion. Further, the amount of any rate change will be within our sole discretion. We use the daily balance method to calculate the interest of your account. This method applies a daily periodic rate to the ledger balance in the account each day. Interest begins to accrue on the business day the account is opened. Interest will be compounded monthly and credited to your account on a monthly basis. If your account is closed prior to your next interest payment date, you will not receive the accrued interest for that period. Withdrawals are payable only to you. We allow withdrawals from your savings account at any time; however, we reserve the right to require seven (7) calendar days prior written notice before permitting any withdrawals. If we require a notice of withdrawal from one savings account, we will require it for all other savings accounts of that type. You may make unlimited deposits or withdrawals in person, by mail or at an ATM. Federal regulation permits you a maximum of six (6) pre-authorized or automatic or telephone transfers or withdrawals (including online banking transactions, as applicable) per statement cycle or calendar month for passbook accounts. Electronic Fund Transfers, defined later in this Agreement, computer terminal transactions and telephone transactions are considered pre-authorized transfers. A fee may be assessed for withdrawals or transfers that exceed these restrictions (refer to the Fee Schedule, defined later in this Agreement, detailing such fees.) Federal regulation requires us to stop paying interest on your account or to close it if you repeatedly violate these limitations. If you maintain the required minimum balance, the maintenance fee may be waived. Refer to the Fee Schedule, defined later in this Agreement, for details.

ATM transactions are permitted on statement savings accounts. The statements are issued, at a minimum, on a quarterly basis.

Inactive Accounts
Your checking, interest checking, money market, or savings account will be considered inactive and subject to an inactivity fee, if for a specified period of time, you do not originate any transactions. Please refer to the Fee Schedule, defined later in this Agreement, for details on time periods, balance requirements and applicable fees.

Escheat Accounts
Defined by state law, the balance in an account is presumed to be abandoned if there is no activity for five (5) years, and if we cannot locate you. We are required by law to remit the balance in such accounts to the State of Illinois. The account will be assessed a service fee prior to remittance to the State of Illinois. Please refer to the Fee Schedule, defined later in this Agreement, for applicable service fees.

Closing an Account
You may close your account with us at any time. If your account has a zero balance for sixty consecutive calendar days, we will close your account.

Pledged Deposit Account
If your deposit account has been pledged as collateral to secure a loan with us, you cannot make any withdrawals from the deposit account. Additionally, ATM transactions are not permitted. These limitations will continue until the loan is paid in full.

Transferability
Your account may not be pledged, assigned, or used as collateral security for a loan with any lender other than us, unless we agree to the transfer in writing. Accounts are not negotiable or transferable to third parties without our prior written consent.

Personal Banking Service Fees, Initial and Minimum Deposit Requirements and Other Account Requirements
The various personal banking fees and requirements for initial deposits, minimum balances, and other account requirements are shown in the "fee schedule" or "fee schedules" (the "fee schedule" and "fee schedules" are collectively referred to herein as "Fee Schedule"), which are separate documents given to you at the time you opened your account. For consumer accounts (i.e., those for personal, household, or family use), we will mail you written notice of any increase in these fees, or any new fees, at least thirty (30) calendar days prior to assessing the fee. You agree to pay fees in connection with your account in accordance with the Fee Schedule in effect from time to time. You also agree that we may deduct the fees owed from your account. We reserve the right, in our sole discretion, to waive any fees.

FUNDS AVAILABILITY DISCLOSURE

THE EXPEDITED FUNDS AVAILABILITY ACT AND REGULATION CC OF THE FEDERAL RESERVE BOARD REQUIRE ALL BANKS TO NOTIFY DEPOSITORS OF THEIR FUNDS AVAILABILITY POLICIES. THIS DISCLOSURE STATEMENT IS DELIVERED TO YOU IN COMPLIANCE WITH REGULATION CC AND PRESENTS OUR FUNDS AVAILABILITY POLICIES.

Your Ability to Withdraw Funds at Cole Taylor
Our policy is to delay the availability of some funds that you deposit in your account. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. The availability of deposited funds depends on the type of deposit and where the deposit is made as outlined in the following sections.

Determining the Availability of a Deposit

For determining the availability of a deposit, every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit at any of our office facilities on a business day that we are open, we will consider that day to be the day of deposit. If you make a deposit on Saturday, Sunday or a federal holiday, we will consider that the deposit was made on the next business day we are open. If you make a deposit at one of our night depositories, we will consider the deposit was made on the business day it is removed from the night depository. Also, if your deposit arrives at Cole Taylor by armored car, mail, or messenger after 2:00 p.m. Central Time ("CT") on any business day that we are open, we will consider that your deposit was made on the next business day we are open.

Same Business Day Availability
Funds from the following deposits will be made available on the business day of the deposit:

  • Cash deposits made in person to one of our employees.
  • Funds from electronic direct deposits, including pre-authorized credits, such as Social Security benefits and payroll payments, and wire transfers will be available on the business day we receive the deposit.

Next Business Day Availability
Funds from the following deposits may be available on the first business day after the business day of your deposits:

  • Checks drawn on Cole Taylor.
  • U.S. Treasury checks that are payable to you.
  • Federal Reserve Bank and Federal Home Loan Bank checks payable to you.
  • U.S. Postal Service Money Orders payable to you.
  • State of Illinois and local government checks that are payable to you, and cashier’s, certified, and teller’s checks that are payable to you.
  • Other Check Deposits

However, we may place longer holds on certain items for other reasons, such as large deposits (see Longer Delays May Apply, below).

Longer Delays May Apply
Funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than five thousand dollars ($5,000) on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as a failure of communication or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. The first two hundred dollars ($200) of your deposits, however, will be available no later than the first business day after the business day of your deposit.

Deposits at Automated Teller Machines
Funds from any deposits (cash or checks) made at any ATM we do not own or operate may not be available until the fifth business day after the day of your deposit. This rule does not apply at any ATM that we own or operate. Any ATM that we own or operate is clearly marked with Cole Taylor signage.

Funds from a deposit made at any of our ATMs are available on the first business day after the date of your deposit. If you make a deposit at one of our ATMs before 2:00 p.m. CT on a business day that we are open, we will consider that day to be the day of your deposit. If you make a deposit after 2:00 p.m. CT or on a Saturday, Sunday, or a federal holiday, we will consider that the deposit was made on the next business day we are open.

Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the first thirty (30) calendar days your account is open.

The first five thousand dollars ($5,000) from a deposit of U.S. Treasury checks will be available on the first business day after the day of your deposit. The excess over five thousand dollars ($5,000) will be available no later than the ninth business day after the day of your deposit. Funds from wire transfers into your account will be available on the first business day after the day we receive the transfer. Funds from the deposits of cash and the first five thousand dollars ($5,000) of a day's total deposits of cashier's, certified, teller's, traveler's and state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you and deposited in person to one of our employees, and you may have to use a special deposit slip available at any teller station. The excess of such deposits over five thousand dollars ($5,000) will be available no later than the ninth business day after the day of your deposit. Funds from all other check deposits will generally be available no later than the ninth business day after the day of your deposit.

Holds on Other Funds When Cashing a Check
If we cash a check for you drawn on another bank, 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 Funds in Other Accounts
If we accept for deposit a check drawn on another bank, 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 until the expiration of the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

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 your 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 two thousand, five hundred dollars ($2,500) of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (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 you 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 our Customer Service Center at (847) 653-7978 within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

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

ELECTRONIC FUND TRANSFER DISCLOSURE

This disclosure states the additional rights and responsibilities that you may have pertaining to Electronic Fund Transfers and applies only to deposit accounts established for personal, household or family use. The term "Electronic Fund Transfer" includes, transfers of funds initiated through an electronic terminal, telephone, magnetic tape, or computer for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a deposit account. This includes, without limitation, ATM and Point of Sale (POS) transfers, direct deposits, pre-authorized withdrawals of funds, computer initiated transactions, electronic check conversion transactions and telephone transfers. Online banking, external transfers, and bill payment and bill presentment services are governed by a separate services agreement that is provided to customers enrolling for those services. This disclosure does not change or modify this Agreement and it is not a contract.

Types of Available Transfers

Account Access

  1. ATM Usage. You may use your Card, defined later in this Agreement, and personal identification number (“PIN”) to withdraw cash from your account, make deposits to your account, transfer funds between your accounts, or obtain account balances at ATM terminals at our locations and at many other ATM terminals.
  2. POS Usage.
      1. You may use your Debit Card, defined later in this Agreement, to pay for purchases anywhere MasterCard® is honored or at places that have agreed to accept your Card for POS purchases.
      2. You may use your Card and PIN to pay for purchases at places that have agreed to accept your Card for PIN-based transactions.
  3. Cash Advance Usage. You may use your Debit Card to receive cash advances from your applicable account at any financial institution displaying the MasterCard® logo.
  4. Bill Payment. You may authorize electronic transfers from your accounts in the amounts and on the days you request.
  5. Overdraft Transfer Service. In the event that your account is overdrawn, you may use the Overdraft Transfer Service to have the Bank automatically transfer available funds from another eligible deposit Account to eliminate the overdraft situation.
  6. Limitations on Service.
      1. Some ATM and POS transactions may not be available at certain ATM or POS terminals. The amount of all ATM and POS transactions are limited by the amount of available funds in your account.
      2. The limits on transactions are stated below. Certain transactions may have account access limitations. We must authorize Card access to each account. You can ask us at any time to add or remove accounts.
      3. We reserve our right to change the limits on transactions, impose other limits or restrictions, or revoke the use of your Card.
      4. At our discretion, we may not authorize certain Card transactions due to outstanding Card transactions.
  7. For Your Protection. Your Card and PIN are provided solely for your use. For your protection you agree to:
      1. Not allow another individual to use either your Card or your PIN.
      2. Safely keep your Card and PIN separate in your sole possession.
      3. Not write your PIN on your Card.
      4. Not disclose, record or otherwise make your Card or PIN available to anyone else.
      5. Use your Card and PIN per the terms of this Agreement.
      6. Immediately report to us any loss, theft, disappearance or known or suspected unauthorized use of your Card or PIN.
      7. Not abuse the use of your Card, PIN or services provided by us.

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
  • Pay bills

Limits On Frequency And Dollar Amounts Of Transfers

  1. Deposits. Subject to the provisions of terms and conditions contained herein and this Agreement, we will accept deposits or payments to any account that can be accessed by your Card. All deposits are subject to verification and collection.
  2. **Withdrawals. Generally, you may use your Card to make any number of on-line withdrawals through an ATM up to one thousand dollars ($1,000) in the aggregate in any given 24-hour period. For security reasons, there are other limits on withdrawals that can be made using the ATM. All withdrawals are subject to the provisions set forth in this document.
  3. **Transfers. You may use your Card at an ATM to make any number of transfers between accounts linked by your Card, subject to the amount of available funds in your accounts.
  4. *Cash Advances. Your Debit Card may be used to initiate cash advances from your account, provided that such cash advances are limited to the lesser of available funds in the account or two thousand, five hundred dollars ($2,500) in any given 24-hour period and are subject to any limit imposed by another financial institution processing the advance.
  5. POS Purchases. Generally, you may make any number of purchases each day anywhere the Card is accepted subject to the following:
      1. *Signature-basedDebit Card purchases are generally limited to the lesser of the available funds in your account or two thousand, five hundred dollars ($2,500) in the aggregate, in any given 24-hour period, unless otherwise disclosed in the Fee Schedule.
      2. **PIN-based Card purchases are generally limited to the lesser of the available funds in your account or one thousand dollars ($1,000) in the aggregate, in any given 24-hour period.
  6. *Pre-authorized Debit Transactions. With your Debit Card you may authorize us to perform a pre-authorized debit transaction (to withdraw funds from an account accessed with your Card to make a purchase on a future date) anywhere the Card is accepted. These pre-authorized debit transactions cannot be processed through an ATM.
  7. Stop Payments. You understand and agree that you will not be allowed to place a stop payment on a transaction made with your Card.
  8. Savings and Money Market Accounts. If any of your accounts accessed by your Card include statement savings or money market accounts, federal regulation permits you a maximum of six (6) checks, debit card or similar order payable to third parties, pre-authorized or automatic transfers or withdrawals per statement cycle. Electronic Fund Transfer defined earlier in this Agreement (sometimes referred to as ACH) withdrawals, POS transactions, computer terminal transactions and telephone transactions are considered pre-authorized transactions. If you repeatedly violate these limitations, federal regulations require us to stop paying interest on your account or to close it.

    * Limits for cash advances, signature-based purchases, and pre-authorized debits are cumulative in nature and cannot exceed two thousand, five hundred dollars ($2,500) in the aggregate in any given 24-hour period unless otherwise disclosed in the fee schedule.

    ** Limits for withdrawals, transfers, and PIN-based purchases are cumulative in nature and cannot exceed one thousand dollars ($1,000) in the aggregate in any given 24-hour period.

Charges for Transfers
Please refer to the Fee Schedule and the ATM/Debit Card Terms and Conditions of Use, included in this Agreement, for charges for transfers. Please also refer to the Fee Schedule for the charges associated with the various accounts.

Documentation of Transfers

ATM and POS Transfers
You can receive a receipt at the time you make any transfer to or from your account using any ATM or POS terminal. You should keep this receipt to verify your transaction information.

Pre-authorized Credits
If you have arranged to have direct deposits made to your account at least once every sixty (60) calendar days from the same person or company, you can call or write to our Customer Service Center to find out whether or not the deposit has been made.

Periodic Statements
A monthly statement will be made available to you by mail, or any other method you have authorized, for your checking, interest checking or money market account. Your statement savings account is made available to you, at a minimum, on a quarterly basis.

Your Right to Stop Pre-authorized Payments
If you have told us in advance to make regular payments from your account, you can also stop any of these payments. Call or write to the Customer Service Center in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and mail it to us so it will be received within fourteen (14 ) calendar days after you call. You will be charged for each stop payment order you give as specified in the Fee Schedule.

Payments of Varying Amounts
If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) calendar days before each payment, when it will be made and how much it will be.

Failure to Make Transfers
If you order us to stop one of these payments as specified in Your Right to Stop Pre-Authorized Payments, three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for the following:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer;
  • If the transfer would go over the credit limit on your overdraft line;
  • If the ATM where you are making the transfer does not have enough cash;
  • If the ATM or POS terminal or system was not working properly and you knew about the breakdown when you started the transfer;
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken;
  • If the funds are subject to legal process or other encumbrances restricting the transfer;
  • There may be other exceptions stated in our agreements with you.

Fees

ATM Fees

When you use your Card at any ATM owned by us, you will not be charged a per-transaction fee. ATMs owned by us are clearly identified by Cole Taylor signage. All other ATMs are not owned by us. Please refer to the Fee Schedule for applicable per-transaction fees. You can consult a Customer Service Representative for further details as to the location of Cole Taylor owned ATMs.

The charges for transactions are subject to change. If any such charges are changed, we shall provide you with notice of the change in terms, as required by law.

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.

For other charges related to minimum account balances, overdrafts and other situations, please refer to your Fee Schedule.

Other Fees
Please refer to the Fee Schedule for specific fees.

Your Liability
Tell us AT ONCE if you believe your Card/code has been lost or stolen, or if you believe that an Electronic Fund Transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, or all of the money in any assigned Overdraft Transfer account, if applicable; refer the Overdraft Transfer Service terms for more information). If you tell us within two (2) business days after you learn of the loss or theft of your Card/code, you can lose no more than fifty dollars ($50.) if someone used your Card/code without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card/PIN and we can prove we could have stopped someone from using your Card/PIN without your permission if you had told us, you could lose as much as five hundred dollars ($500.).

Also, if your statement shows transfers that you did not make, including those made by Card/PIN or other means, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was mailed or made available to you by any other method you have requested, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may, but are not obligated to, extend the time periods.

Contact in Event of Unauthorized Transfer
If you believe your Card/PIN has been lost or stolen, call (847) 653-7978 or write to:

Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018

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.

Business Days
Every day is a business day except Saturdays, Sundays, and federal holidays.

Account Information Disclosure
We will disclose information to third parties about your account or the transfers you make (1) where it is necessary for completing transfers; (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; (4) if you give us your written permission; or (5) if not otherwise prohibited by law.

In Case of Errors or Questions about Electronic Transfers From Your Personal, Family or Household Account.
If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, telephone or write to the Customer Service Center as soon as you can at (847) 653-7978 or write to:

Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018

We must hear from you no later than sixty (60) calendar days after we mailed or made available to you by any other method you requested the FIRST statement on which the problem or error appeared. You will be required to provide the following information: (1) your name and account number; (2) a description of the error or the transfer you are unsure about, and an explanation as to why you believe it is an error or why you need more information; and (3) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or questions in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or questions. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not credit your account.

For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.

ATM/DEBIT CARD TERMS AND CONDITIONS OF USE

This Agreement and the terms and conditions contained herein govern your use of the MasterMoney™ Card or Debit MasterCard® (the “Debit Card”) or the ATM Card (which does not contain a MasterCard® or MasterMoney™ logo, the “ATM Card”) (the Debit Card and the ATM Card are sometimes collectively referred to herein as the “Card”) and POS transactions.

By signing our Account Agreement and Signature Verification Card (or in the case of an account you open online, by reading and agreeing to the agreements and disclosures online as a part of completing the online application process described previously) and activating an issued PIN or performing an initial transaction at a Cole Taylor owned ATM, you acknowledge receipt of the ATM/Debit Card terms and conditions contained herein. All Card transactions are subject to all applicable laws, regulations, rules and other agreements governing accounts and services as stated in this Agreement and apply only to accounts established primarily for personal, family, or household purposes.

Account Access

  1. ATM Usage. You may use your Card and PIN to withdraw cash from your account, make deposits to your account, transfer funds between your accounts, or obtain account balances at ATM terminals at our locations and at many other ATM terminals.
  2. POS Usage.
      1. You may use your Debit Card to pay for purchases anywhere MasterCard® is honored or at places that have agreed to accept your Card for POS purchases.
      2. You may use your Debit or ATM Card and PIN to pay for purchases at places that have agreed to accept your Card for PIN-based transactions.
  3. Cash Advance Usage. You may use your Debit Card to receive cash advances from your applicable account at any financial institution displaying the MasterCard® logo.
  4. Bill Payment. You may authorize electronic transfers from your accounts in the amounts and on the days you request.
  5. Limitations on Service.
      1. Some ATM and POS transactions may not be available at certain ATM or POS terminals. The amount of all ATM and POS transactions are limited by the amount of available funds in your account.
      2. The limits on transactions are stated below. Certain transactions may have account access limitations. We must authorize Card access to each account. You can ask us at any time to add or remove accounts.
      3. We reserve the right to change the limits on transactions, impose other limits or restrictions, or revoke the use of your Card.
      4. At our discretion, we may not authorize certain Card transactions due to outstanding Card transactions.
  6. For Your Protection. Your Card and PIN are provided solely for your use. For your protection you agree to:
      1. Not allow another individual to use either your Card or your PIN.
      2. Safely keep your Card and PIN separate in your sole possession.
      3. Not write your PIN on your Card.
      4. Not disclose, record or otherwise make your Card or PIN available to anyone else.
      5. Use your Card and PIN pursuant to the Agreement and the terms and conditions contained herein.
      6. Immediately report to us any loss, theft, disappearance or known or suspected unauthorized use of your Card or PIN.
      7. Not abuse the use of your Card, PIN or services provided by us.

Authorization
You authorize us to credit or charge your account for all transactions initiated with your Card. You also authorize us to charge your account for the amount of any check or other instrument for which you receive cash or credit through a Card transaction if that item is dishonored, charged back or otherwise returned to us unpaid for any reason.

PIN

  1. Debit Card holders will receive a confidential PIN in the mail. The pre-assigned PIN may be changed to a PIN of your choosing.
  2. ATM Card holders will choose a confidential PIN.
  3. Both your Card and your PIN are needed to access your accounts at an ATM or POS terminal. For accounts established by two or more individuals, each person will receive a Card with a unique PIN.
  4. You authorize us to carry out any instructions given by the holder of your Card who also uses your PIN.

Limits on Frequency and Dollar Amounts of Transactions

  1. Deposits. Subject to the provisions of terms and conditions contained herein and this Agreement, we will accept deposits or payments to any account that can be accessed by your Card. All deposits are subject to verification and collection.
  2. **Withdrawals. Generally, you may use your Card to make any number of online withdrawals through an ATM up to one thousand dollars ($1,000) in the aggregate in any given 24-hour period. For security reasons, there are other limits on withdrawals that can be made using the ATM. All withdrawals are subject to the provisions set forth in this document.
  3. **Transfers. You may use your Card at an ATM to make any number of transfers between accounts linked by your Card, subject to the amount of available funds in your accounts.
  4. *Cash Advances. Your Debit Card may be used to initiate cash advances from your account, provided that such cash advances are limited to the lesser of available funds in the account or two thousand, five hundred dollars ($2,500) in any given 24-hour period and are subject to any limit imposed by another financial institution processing the advance.
  5. POS Purchases. Generally, you may make any number of purchases each day anywhere the Card is accepted subject to the following:
      1. * Signature-based Debit Card purchases are generally limited to the lesser of the available funds in your account or two thousand, five hundred dollars ($2,500) in the aggregate, in any given 24-hour period, unless otherwise disclosed in the Fee Schedule.
      2. **PIN-based Card purchases are generally limited to the lesser of the available funds in your account or one thousand dollars ($1,000) in the aggregate, in any given 24-hour period.
  6. *Pre-authorized Debit Transactions. With your Debit Card you may authorize us to perform a pre-authorized debit transaction (to withdraw funds from an account accessed with your Card to make a purchase on a future date) anywhere the Card is accepted. These pre-authorized debit transactions cannot be processed through an ATM.
  7. Stop Payments. You understand and agree that you will not be allowed to place a stop payment on a transaction made with your Card.
  8. Savings and Money Market Accounts. If any of your accounts accessed by your Card include statement savings, or money market accounts, federal regulation permits you a maximum of six (6) checks, debit card or similar order payable to third parties, pre-authorized or automatic transfers or withdrawals per statement cycle. Electronic Fund Transfer (defined earlier in this agreement and sometimes referred to as ACH) withdrawals, POS transactions, computer terminal transactions and telephone transactions are considered pre-authorized transactions. If you repeatedly violate these limitations, federal regulations require us to stop paying interest on your account or to close it.

    *Limits for cash advances, signature-based purchases, and pre-authorized debits are cumulative in nature and cannot exceed two thousand, five hundred dollars ($2,500) in the aggregate in any given 24-hour period, unless otherwise disclosed in the Fee Schedule.

    ** Limits for withdrawals, transfers, and PIN-based purchases are cumulative in nature and cannot exceed one thousand dollars ($1,000) in the aggregate, in any given 24-hour period.

Fees for Transactions
When you use your Card at any ATM owned by us, you will not be charged a per-transaction fee. ATMs owned by us are clearly identified by Cole Taylor signage. All other ATMs are not owned by us. Please refer to the Fee Schedule for applicable per-transaction fees. You can consult a Customer Service Representative for further details as to the location of Cole Taylor owned ATMs.

The charges for transactions are subject to change. If any such charges are changed, we shall provide you with notice of the change in terms, as required by law.
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.

For other charges related to minimum account balances, overdrafts and other situations, please refer to the Fee Schedule for specific fees.

Other Fees
Please refer to the Fee Schedule for specific fees.

Notification To Cole Taylor Of Lost, Stolen Or Misused Cards
If your Card is lost or stolen, or if you believe that someone has or may misuse your Card and/or PIN, or transfer money from your account without your permission, you agree to IMMEDIATELY NOTIFY US, by calling our Customer Service Center at (847) 653-7978. You also agree to immediately notify us if your account statement(s) indicates one or more transaction(s) you did not make.

Further Limitations/Waiver by You
Except for the rights and responsibilities stated in the Agreement and the terms and conditions contained herein regarding your ATM/Debit Card, or as provided under law, we shall not be held responsible for any loss, injury or harm resulting from the use of your Card, and you waive all such claims to the fullest extent permitted by law.

Disputes
We are not liable for any claims you may have against a merchant in connection with any POS purchase or Card transaction.

TELEPHONE BANKING TERMS AND CONDITIONS OF USE

These terms and conditions of use govern your use of our Telephone Banking system.

By signing our Account Agreement and Signature Verification Card (or in the case of an account you open online, by reading and agreeing to the agreements and disclosures online as a part of completing the online application process described previously), you acknowledge receipt of the Telephone Banking terms and conditions contained herein and agree that all telephone access to or transfers between your deposit account(s) (the “Designated Accounts”) or access to loan accounts utilizing our automated Telephone Banking shall be governed accordingly. Transfers from any Designated Accounts are limited by the availability of funds and the other limitations on frequency of transfers otherwise applicable to the account. Use of Telephone Banking does not change your account relationship or any other agreements you may have with us.

To access Telephone Banking, you will need your account number and a confidential PIN. You acknowledge and agree to accept all liability which can legally be imposed on you for each use of your account number and PIN whether or not authorized by you. You agree to notify us immediately if you believe someone has obtained access to your account number or PIN without authorization. For assistance regarding Telephone Banking, contact our Customer Service Center.

You authorize us to carry out instructions given by you to us through Telephone Banking as if those instructions were written orders bearing your genuine signature.

You may use your account number and PIN to transfer funds between the Designated Accounts. The transfer will occur on the day you designate. We reserve our right not to make transfers which would exceed the balance of collected funds in the account. Transfers initiated or scheduled on days which are not business days or transfers initiated after 9:00 p.m. CT will be processed on the next business day. You acknowledge and agree that we have no responsibility or liability for any damages, expenses, fees or liabilities which may occur as a result of any failure or delay on the part of us, except as may be imposed by applicable law. You further acknowledge and agree that we have no responsibility or liability for any act or omission beyond that which is imposed on us by applicable law.

You agree to be responsible for any applicable fees as specified in the Fee Schedule or amendments to the Fee Schedule thereto as may be made from time to time by us.

You may cancel any instructions which are given to us through our Telephone Banking by calling our Customer Service Center at (847) 653-7978 prior to 4:00 p.m. CT on the day the instructions are to be carried out by us.

You agree that if any of the Designated Accounts are money market or statement savings accounts, federal regulation permits you a maximum of six (6) checks, debit card or similar order payable to third parties, pre-authorized or automatic transfers or withdrawals per statement cycle. Telephone transfers are considered pre-authorized transfers. If you repeatedly violate these limitations, federal regulation requires us to stop paying interest on your accounts or to close them.

You acknowledge and agree that we may add or discontinue services, make other changes or terminate your Telephone Banking.

NIGHT DEPOSITORY TERMS AND CONDITIONS OF USE

We provide certain currency and/or coin counting services to our customers and the terms and conditions to which we provide such services are set forth in the Night Depository Agreement. If you have executed a Night Depository Agreement with us, such Night Depository Agreement shall control all transactions completed pursuant to the terms thereof. If you have not executed a Night Depository Agreement or fail to comply with the terms thereof by requesting that we count currency or coin by a procedure other than the procedure set forth in the Night Depository Agreement, then paragraph 21 of this Agreement shall control all currency and/or coin counting transactions between you and Cole Taylor.