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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 Connecticut Community Bank, N.A. (the "Bank"). Please read this carefully.

If you sign the signature card and open or continue to have your account with us, you agree to these rules. By signing a signature card, you acknowledge and agree that any information you have supplied or will supply in the future to the Bank is complete and correct. If you have also signed the authorization for release of credit information, you agree that the Bank may from time to time obtain your credit reports to consider you for other products, loans, or services offered by the Bank. Your authorization for the Bank to obtain and use credit reports will continue to be in effect so long as you are a customer of the Bank, and will survive the termination of the original account which bore your authorization to release your credit information.

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 contact us.

This agreement is subject to applicable federal laws, the laws of the State of Connecticut and the rules and regulations of the Bank's primary regulator (except to the extent that this agreement can and does vary such rules or laws). The body of the 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 for certain 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 Connecticut Community Bank, N.A. 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. 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.

We reserve the right to make changes to this Agreement and proper notification is considered to have been served by either mailing a notice of change to you at your current address on the Bank's records, or by posting a notice in each of our offices. Federal law requires that we mail advance notice to you of most additional or increased charges and certain other amendments that may be adverse to you.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT- To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. When you open an account, we will ask you for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see other identifying documents, such as a driver's license.

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 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. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorneys' fees.

DEPOSITS - We will give only provisional credit until collection is final for any item(s), other than cash, we accept for deposit (including items drawn "on us"). In receiving items for deposit or collection, we act as your collection agent and assume no responsibility beyond the exercise of due care. We also have the right to limit, refuse or return any deposit. If we find an error on any deposit, we will make the necessary correction and notify you of the change by mail. We will not be liable for the negligence or failure to act on the part of any correspondent bank or person, or for payment or loss in transit of any item. Each correspondent bank will be liable for its own negligence.

There may be certain checks that we will not cash or accept for deposit. (These may include checks drawn on banks in foreign countries.) 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. Foreign items, bond coupons and other non-routine items may not be posted until the date that the funds are received by us from the bank on which the items are drawn. All checks drawn on or by banks located outside the United States will be accepted for collection only. 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 following business day that we are open.

WITHDRAWALS - Any of you, acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or any part of the account balance at any time, unless clearly indicated otherwise on the account records. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card to endorse any item payable to you or your order for deposit to this account or any other transaction with us. We may charge your account for a 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. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even if we honor a nonconforming request, we may treat continued abuse of the stated limitation (if any) as your act of closing the account. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. The fact that we may honor withdrawal requests that overdraw the available account balance does not obligate us to do so later. See the Funds Availability Policy disclosure for information about when you can withdraw funds you deposit. For those accounts or deposits for 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 require not less than 7 days' notice in writing before each withdrawal from any interest-bearing account other than a time deposit or from any other savings account as defined by Regulation D. Withdrawals from a time deposit 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.

TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is a temporary account agreement. Each person who signs in the space designated for signatures on the signature card (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.

IDENTIFICATION - We require proper identification to open an account or to make any withdrawal from an account, and prior to accepting certain deposits. Information provided by you at the time the account is opened is subject to verification.

UNLAWFUL INTERNET GAMBLING - Regulations prohibit customers from knowingly receiving deposits or accepting payments of any kind related to illegal Internet gambling. As a customer of the Bank, these transactions are prohibited from being processed through your account or banking relationship with us. Unlawful Internet gambling means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law or Tribal Lands in which the bet or wager is initiated, received or otherwise made. By maintaining an account with us, you agree to notify us if your account is ever used for Internet gambling.

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.

Individual Account - is an account in the name of one person.

Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Any person named as a joint owner on the signature card may withdraw the entire amount in the account. Each of you intends, when you die, the balance in the account (subject to any previous pledge to which you have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.

We will not accept an account for individuals that requires the signature of two or more persons for a withdrawal.

Revocable Trust Account - This is an account that you open in your name in trust for another person (the "beneficiary"). While you are alive you are the owner of this account. You, as the owner, must include your Social Security Number on the signature card. If you create such an account, the beneficiary cannot withdraw unless: (1) the person creating the account dies, and (2) the beneficiary is then living. The person creating this account reserves the right to: (1) change the beneficiary, (2) change account types, and (3) withdraw all or part of the account funds at any time.

Uniform Transfers to Minors Act (Custodian) Account - This is an account opened under the Connecticut Uniform Transfers to Minors Act. Your rights and duties are governed by that Act. When the minor reaches the age of 21, it is the responsibility of the custodian to transfer the funds to the minor. The minor's Social Security Number must be used on this account. You may not have more than one custodian per account. You may not pledge this account as collateral for a loan.

Business Accounts -Accounts for a corporation, partnership, or other organization may not be set up so that more than one signature is required to make a withdrawal. We may require the governing body of the legal 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 legal entity and have had a reasonable time to act upon such charge. The Employer Identification Number for the organization must be used on the account. Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy.

Power of Attorney - If you are acting on an account owner's behalf as an Attorney-In-Fact, the Power of Attorney is the legal document, which enables you to do so. If you as Attorney-In-Fact are adding your name to a new or existing account, you can manage the funds in the account as prescribed by law in the Power of Attorney document, a copy of which must be provided to the Bank. When a person holding a Power of Attorney makes a deposit to or a withdrawal from an account, that person is confirming that the Power has not been terminated. We may rely on the Power of Attorney until we are given written notice that it has been revoked or terminated, and have had a reasonable opportunity to act on that notice.

Fiduciary - A fiduciary is a person or organization named by will, trust or other legal document or appointment by the court to manage the funds or property of another. A fiduciary may be named in a written agreement, such as a trust or a power of attorney, or may be appointed by a court. If you have opened an account as a fiduciary, the funds belong to the trust or estate and only the trustee(s) may withdraw funds or otherwise transact business with us for this type of account. You must provide a taxpayer identification number for any account that you open on behalf of a trust or other separately taxable entity.

 

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. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf.

TAXPAYER IDENTIFICATION NUMBER REQUIRED - When you open your account, you must certify to us a correct Taxpayer Identification Number (TIN). For individuals and sole proprietors the TIN is your Social Security Number. For other entities, the TIN is your Employer Identification Number. The primary TIN (the TIN associated with the first named person or entity on the account title) will be used for Internal Revenue Service (IRS) information reporting purposes. If you are a nonresident alien, you must certify to us this fact, and provide us with a Form W-8 listing your permanent (foreign) address. If you are an exempt organization you must provide us with your Employer Identification Number and a signed Form W-9 certifying your exemption.

If you are an individual or exempt organization and do not provide us with your correct TIN, or if you are a nonresident alien and do not provide us with a signed Form W-8, your account earnings may be subject to backup withholding assessed by the IRS.

If we are notified by the IRS that you have used an incorrect TIN or that you have failed to report all your reportable interest and dividends to the IRS, your account will be subject to backup withholding.

If you do not provide us with your correct TIN, or if you are a nonresident alien and do not provide us with your permanent address, we reserve the right to reclassify your account into a non-interest bearing account or to close the account.

FURNISHING ADDRESS - You must furnish us with a new mailing address whenever the last one you gave us is no longer correct. We are not responsible for any loss caused, or the inability to deliver account notifications or changes, if you do not give us a new address.

IDENTIFICATION STANDARDS - The following forms of photo identification (which must be valid, current and have an expiration date) are accepted by the Bank as your primary form of ID:

  • A Connecticut or New York Driver's License

We may require more than one form of identification for our protection and yours, or as required by law. There are also occasions when we reserve the right not to open an account or accept a check for deposit or cash, even though more than one form of identification is provided.

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

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

You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors 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.

OVERDRAFTS; UNCOLLECTED FUNDS; RETURNED CHECKS/DRAFTS - You will be subject to an overdraft fee for any check, draft, funds transfer, ACH transaction or electronic transaction drawn against your account in which there is an insufficient balance to cover the amount of the item. You will be subject to an insufficient funds/uncollected fee for any check, draft, funds transfer, ACH transaction or electronic transaction drawn against your account in which there are insufficient funds available to cover the amount of the item. If you have cashed or deposited a check drawn on another bank and it is subsequently returned to us unpaid, we will charge your account for the amount of the returned item. You will be subject to a returned check/draft fee for any check or draft deposited to your account, which is not honored and returned to us. The current fees may be found in the "Miscellaneous Fee Schedule". The fee for an overdraft or insufficient funds item will be charged whether we choose to pay the item or not. We will determine at our sole discretion whether your account contains sufficient funds to cover any check or other item drawn on the account. The decision to pay any overdraft or uncollected item remains strictly that of the Bank and we reserve the right not to pay. For example, we typically do not pay overdrafts if your account is not in good standing or you are not making regular deposits, or you have too many overdrafts. You agree to pay us any amount advanced as an overdraft, including any fee charged or other costs we incur in collecting the overdraft. This includes, but is not limited to reasonable legal fees and expenses.

STALE AND POSTDATED CHECKS - a stale check is a check more than 6 months old. At our option we may either pay or dishonor a stale check upon presentment. A postdated check is a check you have issued that bears a date later than the date it is presented. Under Connecticut law we are not liable if we honor a postdated check upon presentment unless you have specifically given us notice instructing us not to honor the check prior to its stated date. The notice requirements you must follow regarding a postdated check are the same as for a stop payment order.

 

STOP PAYMENTS - 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. To be effective, your stop payment order must precisely identify the number, date, 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, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop payment request may be made only by the person who initiated the stop payment order.

Our stop payment cutoff time is one hour after the opening of the next business day after the business 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). You agree you are liable for any loss, costs or expenses, including reasonable attorney fees, to the extent permitted by law, incurred by the Bank involving your order to us to stop payment on any check or draft. You authorize us to deduct such loss, costs or expenses from your account without prior notice.

An oral stop payment order is effective for only 14 calendar days. To extend this time, you must send us a written order within the 14-day period. A written order is effective for six months unless renewed in writing.

You agree to pay any stop payment fee in effect at the time you request that we stop payment on an item.

FORMS AND APPROVED VENDOR CHECKS - We can require that you use our forms for making deposits, withdrawals, and any other account matter. We can require you to use only checks obtained from a Bank approved vendor.

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

ENDORSEMENTS - The reverse side of your check has a special area approximately 1 ½ inches long for endorsements by payee(s). This area for endorsements is limited by federal regulation. All endorsements by payee(s) on the check must be made within the designated area. If you, or any other endorser makes any mark outside of this special area it may cause the check to be misrouted or payment to be delayed. You agree to reimburse us for any loss or expense we incur as a result of your failure, or the failure of the endorser of the check, to comply with this requirement.

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 regardless of by whom or by what means the facsimile signature (s) may have been affixed so long as they resemble the facsimile signature filed with us, for this purpose.

DORMANT/ABANDONED ACCOUNTS - Your account will be considered abandoned if you do not deposit or withdraw funds to or from your account, or if you do not acknowledge your account within the time specified by Connecticut law. If your account becomes abandoned it will be subject to a dormant fee as provided in the "Miscellaneous Fee Schedule". Accounts, which are presumed to be abandoned, will be escheated to the State of Connecticut, as required by law. We will attempt to contact you prior to turning over any funds remaining in the account to the State of Connecticut, however, you agree we are not responsible for any funds transferred pursuant to the laws and regulations of the State of Connecticut and our internal procedures in compliance with those laws.

LEGAL PROCESS - Legal process affecting your account may include a tax levy, attachment, garnishment, execution, or other such order. In the event the Bank is served with such legal process we must obey the order. If your account is subject to such an order we will not be liable to you for any sum that we may be required to pay from your account, even if compliance with the order leaves an insufficient amount in your account to honor any check, ACH transaction, draft, funds transfer or any other transaction made by electronic means drawn on it. A garnishment or other levy against your account is subject to our right of set-off and security interest in your account(s) with us. Any expenses or costs we incur including but not limited to, our legal fee, overdraft or insufficient funds fees or service charges as provided in the "Miscellaneous Fee Schedule", in responding to a tax levy, attachment, garnishment, execution, or other order will be charged to you, and may be debited from any account you have with us without prior notice to you.

 

YOUR WAIVER OF RIGHTS - If a check which you cash or deposit to your account is returned to us unpaid, we will deduct the amount of the returned check from your account and notify you. If there are not sufficient funds in your account to cover the returned check, you will be responsible to pay the balance. You hereby waive your right to have us notify you about this by the end of the day after we receive notice that your check will be returned to us unpaid. We will charge you the amount stated in the "Miscellaneous Fee Schedule" for each overdraft item, uncollected item, or returned check or draft.

RIGHT TO REFUSE ANY DEPOSIT OR TO CLOSE OR DISCONTINUE ACCOUNTS -We reserve to right to refuse to accept any deposit, to stop offering any particular type of account, and to close any account.

ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.

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, 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.

DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal 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.

WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfer as adopted by the State of Connecticut. Account holders wishing to send or receive a wire transfer, shall enter into a Wire Transfer Agreement with the Bank. This Agreement does not obligate the Bank, in any manner, to accept a payment order to send a wire, or to accept a wire transfer on behalf of a beneficiary except as required by law. If you originate a funds transfer for which a Federal Reserve system is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary 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.

ACH - You agree to be bound by automated clearinghouse 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 receive a credit to an account you have with us by ACH, we are not required to give you any notice of the payment order or credit.

OUR RIGHTS WITH REGARD TO OVERPAYMENTS - If funds have been deposited into your account(s), to which you are not legally entitled, by mistake or otherwise, you agree that such amounts are debts owing from you to us and you authorize us summarily to withdraw such amounts from the account or any other account you have with us. We can do this without giving you prior notice. We can also exercise our right of setoff to recover any such amount.

SETOFF - We have the right, in some cases, to take money from your account to pay off a loan or other debt that you owe us. We might do this, for example, if you overdraw your checking account and do not pay the money back. We might also do this if a check, which you deposit to your account, or which we cash for you is returned unpaid. If the account is in a joint name, all owners consent to the payment of such indebtedness of any of the owners, regardless of each owner's contribution to the account.

If your account is a joint account, you agree that we may withdraw money from your account to pay off any loan or debt owed to us by any person named as an account holder on the signature card for your account, regardless of whether that person has signed the signature card.

If your account is an individual account, you agree that we may withdraw money from your account to pay off any loan or debt owed to us by you, individually or jointly with other persons.

The right of setoff does not apply to this account if: (a) it is an IRA or other tax-deferred retirement 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 of the 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 right to setoff.

 

RESERVE REQUIREMENTS - For reserve requirements, checking accounts (including NOW accounts) are structured into two separate sub-accounts by degree of activity. This is an internal procedure that has no effect on the periodic statement, availability of funds, interest earned (if applicable), or FDIC coverage.

CONFIDENTIALITY - The confidentiality of your deposit account information is subject to state and federal law. However, to the extent the release and disclosure of your account information is not prohibited by law, you agree we may do so for proper business reasons. In addition, we may release and disclose your account information to third parties in response to any law, regulation, rule, or order, or to government authorities if we have reason to believe you have violated any law.

Please see our Privacy Notice and the Electronic Fund Transfers disclosure for additional information on when we may disclose information about your account to others.

CONNECTICUT COMMUNITY BANK'S WAIVER OF RIGHTS - Connecticut Community Bank may waive any of its rights under this Contract without waiving any other rights it has. Also, if we do waive a right that does not mean that we will always waive it.

AMENDMENTS AND TERMINATION - We may change any term of this agreement. Rules governing changes in interest rates are provided separately. 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. Notice from us to any one of you is notice to all of you. We reserve the right to change any term or condition of this Contract and to add new ones. If the change is required by federal or state law or regulation, we may not give you any prior notice. Otherwise, we will either post notice of these changes in each of our offices where we accept deposits, or mail notice of change to you, at the last address shown on your account records, at our option. Notice will be given at least 10 days prior to the effective date of the change. You agree that our posting or mailing of changes will be sufficient notice to you of any change. If any clause of this contract becomes unenforceable by a change in federal or Connecticut law or regulation the remaining clauses will remain in effect and fully enforceable.

Effective June 2010

Proud Divisions of Connecticut Community Bank, N.A. ®

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