ELECTRONIC FUND TRANSFER DISCLOSURE AND AGREEMENT

ELECTRONIC FUND TRANSFER DISCLOSURE AND AGREEMENT

For purposes of this disclosure and agreement the terms "we", "us" and "our" refer to First Bank & Trust. The terms "you" and "your" refer to the recipient of this disclosure and agreement.

The Electronic Fund Transfer Act and Regulation E require institutions to provide certain information to customers regarding electronic fund transfers (EFTs). This disclosure applies to any EFT service you receive from us related to an account established primarily for personal, family or household purposes. Examples of EFT services include direct deposits to your account, automatic regular payments made from your account to a third party and one-time electronic payments from your account using information from your check to pay for purchases or to pay bills. This disclosure also applies to the use of your ATM Card (hereinafter referred to collectively as "ATM Card") or Debit Card (hereinafter referred to collectively as "Debit Card") at automated teller machines (ATMs) and any networks described below.

TERMS AND CONDITIONS.

The following provisions govern the use of EFT services through accounts held by First Bank & Trust which are established primarily for personal, family or household purposes. If you use any EFT services provided, you agree to be bound by the applicable terms and conditions listed below. Please read this document carefully and retain it for future reference.

DEFINITION OF BUSINESS DAY. Business days are Monday through Friday excluding holidays.

ELECTRONIC FUND TRANSFER SERVICES PROVIDED

ATM CARD SERVICES.

The services available through use of your ATM card are described below.

ATM CARD SERVICES:

  • You may withdraw cash from your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may make deposits into your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may transfer funds between your checking and savings accounts, checking and money market accounts,
  • checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accounts and money market accounts.
  • You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s).

DEBIT CARD SERVICES.

The services available through use of your debit card are described below.

DEBIT CARD SERVICES:

  • You may withdraw cash from your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may make deposits into your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may transfer funds between your checking and savings accounts, checking and money market accounts, checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accounts and money market accounts.
  • You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may use your card at any merchant that accepts Visa® debit cards for the purchase of goods and services.
  • PIN-LESS DEBIT TRANSACTIONS - Visa®. When you use your card on the STAR® Systems and NYCE network(s) the transaction may be processed as a debit transaction without requiring PIN authentication ("PIN-less").

Transactions that are completed as PIN-less debit transactions will not be processed by Visa® and may post to your account as an ATM or Debit transaction rather than a Visa® purchase. The provisions of the Visa® cardholder agreement that relate only to Visa® transactions are not applicable to non-Visa® transactions.

Transactions completed as PIN-less debit transactions include, but may not be limited to, government payments, utilities, and property management fees.

FIRST BANK & TRUST ATM MACHINE SERVICES.

NETWORK.

Your ability to perform the transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is being performed. A specific ATM or network may not perform or permit all of the above transactions.

Besides being able to use your ATM Card or Debit Card at our First Bank & Trust ATM Machine terminals, you may access your accounts through the following network(s): Star® Systems and NYCE

ATM FEES.

When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

POINT OF SALE TRANSACTIONS.

Listed below are the cards you may use to purchase goods and services from merchants that have arranged to accept your cards as a means of payment (these merchants are referred to as "Participating Merchants").

Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your cards, including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your "designated account" to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance or, if applicable, your available overdraft protection. If we do, you agree to pay an amount equal to the overdrawn balance plus any overdraft fee.

The following cards and the corresponding designated account(s) may be used for Point of Sale transactions:

  • Debit Card: checking account.
  • ATM Card: checking account.

Your ATM and Debit cards may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under the terms of your Account Agreement.

Your Debit card is automatically enrolled in VISA Account Updater, VAU, an automatic account information updating service provided by VISA. When your debit card account information changes, VISA will send your updated information to participating merchants with whom you have an ongoing payment relationship, such as recurring payments or automatic billings.

This service is a convenience, provided to you at no cost. Participation in VAU does not relieve you of obligation to ensure that merchants have correct account information on file; failure to do so may result in a declined payment. In addition, neither VISA nor First Bank & Trust can guarantee that account updates will be communicated to merchants prior to the next billing date.

CURRENCY CONVERSION - Visa®.

When you use your card with the Visa® logo at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is a rate selected by Visa® from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the issuer. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.

IMPORTANT ADDITIONAL FEE NOTICE.

Visa® charges an International Service Assessment Fee on all international transactions. Therefore, transactions completed with your Visa® card will be subject to an International

Service Assessment (ISA) Fee of 1% of the transaction amount when there is a currency conversion. If there is no currency conversion (the transaction is completed in the same currency as your country as cardholder), the ISA Fee will be 0% of the transaction amount.

SERVICES PROVIDED THROUGH USE OF VOICE RESPONSE UNIT (VRU). You may perform the following functions through use of Voice Response Unit (VRU):

  • You may initiate transfers of funds between your checking and savings accounts, checking and money market accounts, checking and NOW accounts, savings and money market accounts, savings and NOW accounts, and NOW accounts and money market accounts.
  • You may make balance inquiries on your checking account(s), savings account(s), money market account(s), and NOW account(s).

PREAUTHORIZED TRANSFER SERVICES.

  • You may arrange for the preauthorized automatic deposit of funds to your checking account(s), savings account(s), money market account(s), and NOW account(s).
  • You may arrange for the preauthorized automatic payments or other transfers from your checking account(s), savings account(s), money market account(s), and NOW account(s).

SERVICES PROVIDED THROUGH USE OF FIRST BANK EXPRESS AND BUSINESS EXPRESS INTERNET

BANKING.

First Bank & Trust offers its customers use of our First Bank Express and Business Express Internet Banking service.

If you have submitted an application and have been approved for online banking services, you may access your Account(s) through the Internet. You may:

*Receive balance and transaction history;

*Issue stop payment orders for checks;

*Make deposits; and

*Transfer available funds between your qualified Account(s) at First Bank & Trust.

If approved, you may also use the Internet to direct payments to be made to third parties.

You will be given an identification number and a password which will allow you access to these services. You should maintain the confidentiality of this information. You must agree to receive certain disclosures. Disclosures and specific terms and conditions for Online Banking can be found on our website at www.firstbt.com and will be provided to you when you sign up for this service.

ELECTRONIC CHECK CONVERSION.

You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or to pay bills.

LIMITATIONS ON TRANSACTIONS

TRANSACTION LIMITATIONS - ATM CARD.

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $200.00 through use of ATMs in any one day.

There is a daily limit for all ATM withdrawal transactions. For security reasons, specific dollar limits are disclosed at the time the

ATM Card is issued. First Bank & Trust reserves the right to change dollar amount limits at any time upon prior notification.

POINT OF SALE LIMITATIONS. You may buy up to $200.00 worth of goods or services in any one day through use of

our Point of Sale service.

TRANSACTION LIMITATIONS - DEBIT CARD.

CASH WITHDRAWAL LIMITATIONS. You may withdraw up to $200.00 through use of ATMs in any one day.

There is a daily limit for all ATM withdrawal transactions. For security reasons, specific dollar limits are disclosed at the time the

Debit Card is issued. First Bank & Trust reserves the right to change dollar amount limits at any time upon prior notification.

POINT OF SALE LIMITATIONS. You may buy up to $500.00 worth of goods or services in any one day through use of

our Point of Sale service.

OTHER LIMITATIONS.

 The terms of your account(s) may limit the number of withdrawals you may make each month. Restrictions

disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic

withdrawals and electronic payments unless specified otherwise.

 We reserve the right to impose limitations for security purposes at any time.

LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal regulation limits the number of checks, telephone

transfers, online transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money

market and savings type accounts. You are limited to six such transactions from each money market and/or savings type

account(s) you have each statement period for purposes of making a payment to a third party or by use of a telephone or

computer.

NOTICE OF RIGHTS AND RESPONSIBILITIES

The use of any electronic fund transfer services described in this document creates certain rights and responsibilities regarding

these services as described below.

RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS.

TERMINAL TRANSFERS. You will get a receipt at the time you make an EFT transaction of more than $15.00 to or

from your account at an ATM terminal or at a Participating Merchant. The receipt shall clearly set forth to the extent

applicable:

1. the amount involved and date the transfer is initiated;

2. the type of transfer;

3. the identity of your account with the financial institution from which or to which funds are transferred;

4. the identity of any third party to whom or from whom funds are transferred; and

5. the location or identification of the electronic terminal involved.

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DOCUMENTATION AS EVIDENCE OF TRANSFER. Any documentation that is provided to you which indicates that

an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof

that such transfer was made to another person.

PERIODIC STATEMENTS. If your account is subject to receiving a monthly statement, all EFT transactions will be

reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to

receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement.

In any case you will receive your statement at least quarterly.

PREAUTHORIZED DEPOSITS. If you have arranged to have direct deposits made to your account at least once every

60 days from the same person or company:

 you can call us at (847)733-7400 to find out whether or not the deposit has been made.

USING YOUR CARD AND PERSONAL IDENTIFICATION NUMBER ("PIN"). In order to assist us in maintaining the

security of your account and the terminals, the ATM Card or Debit Card remains our property and may be revoked or canceled at

any time without giving you prior notice. You agree not to use your ATM Card or Debit Card for a transaction that would cause

your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the

transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may,

at our sole discretion, charge or credit the transaction to another account; you agree to pay us the amount of the improper

withdrawal or transfer upon request.

Your ATM Card may only be used with your PIN. Certain transactions involving your Debit Card require use of your PIN. Your

PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify First

Bank & Trust immediately if your ATM Card or Debit Card is lost or if the secrecy of your PIN is compromised. You also agree

not to reveal your PIN to any person not authorized by you to use your ATM Card or Debit Card or to write your PIN on your

ATM Card or Debit Card or on any other item kept with your ATM Card or Debit Card. We have the right to refuse a transaction

on your account when your ATM Card or Debit Card or PIN has been reported lost or stolen or when we reasonably believe there

is unusual activity on your account.

The security of your account depends upon your maintaining possession of your ATM Card or Debit Card and the secrecy of your

PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN by

visiting any of our locations.

RIGHTS REGARDING PREAUTHORIZED TRANSFERS.

RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have instructed us to make regular preauthorized

transfers out of your account, you may stop any of the payments. To stop a payment,

call us at: (847)733-7400

or

write to: First Bank & Trust, 820 Church St., Evanston, IL 60201

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call,

please have the following information ready: your account number, the date the transfer is to take place, to whom the

transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in

writing and deliver it to us within fourteen (14) days after you call.

NOTICE OF VARYING AMOUNTS. If you have arranged for automatic periodic payments to be deducted from your

checking or savings account and these payments vary in amount, you will be notified by the person or company you are

going to pay ten days prior to the payment date of the amount to be deducted.

OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED TRANSFER PAYMENTS. If you order us to stop

one of the payments and have provided us with the information we need at least three (3) business days prior to the

scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT. If you believe your ATM Card or Debit Card or PIN or

internet banking access code has been lost or stolen,

call us at: (847)733-7400 (9:00 - 5:00, Central)

or

write to: First Bank & Trust, 820 Church St., Evanston, IL 60201

If you believe your debit card has been lost or stolen and discover this outside of our normal banking hours, please call

800-236-2442 to cancel the card. Be sure to keep a record of your card number.

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.

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CONSUMER LIABILITY. Tell us AT ONCE if you believe your ATM Card or Debit Card or PIN or internet banking access

code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using

information from your check. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2)

business days after you learn of the loss or theft of your ATM Card or Debit Card or PIN you can lose no more than fifty dollars

($50) if someone used your ATM Card or Debit Card or PIN without your permission. If you do NOT tell us within two (2)

business days after you learn of the loss or theft of your ATM Card or Debit Card or PIN and we can prove we could have

stopped someone from using your ATM Card or Debit Card or PIN without your permission if you had given us notice, you can

lose as much as five hundred dollars ($500).

Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If

you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost

after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit,

if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a

good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS INVOLVING DEBIT CARD. The limitations on

your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different

limitations apply to certain transactions involving your card with the Visa® logo. These limits apply to unauthorized transactions

processed on the Visa® or Plus Network.

If you notify us about an unauthorized transaction involving your card with the Visa® logo and the unauthorized transaction took

place on the Visa® or Plus Network, zero liability will be imposed on you for the unauthorized transaction. We may increase the

limit of your liability for such unauthorized transactions if we reasonably determine, based on substantial evidence, that you were

negligent or fraudulent in the handling of your account or your card with the Visa® logo. The zero liability provisions do not

apply to PIN-based or PIN-less debit transactions not processed by the Visa® or Plus Network, including ATM transactions

outside of the United States.

Your liability for unauthorized transactions with your card with the Visa® logo that involve PIN-based or PIN-less debit

transactions not processed by the Visa® or Plus Network, including ATM transactions, are described under "Consumer Liability"

above.

ILLEGAL USE OF DEBIT CARD. You agree not to use your Debit Card for any illegal transactions, including internet

gambling and similar activities.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. In case of errors or questions about your

electronic fund transfers,

call us at: (847)733-7400

or

write to: 820 Church St., Evanston IL 60201

or

email us at: Firstbank@firstbt.com

or

use the current information on your most recent account statement.

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information

about a transaction listed on the statement or receipt. You must contact First Bank & Trust no later than 60 days after we sent you

the first statement on which the problem or error appears. You must be prepared to provide the following information:

 Your name and account number.

 A description of the error or transaction you are unsure about along with an explanation as to why you believe it is

an error or why you need more information.

 The dollar amount of the suspected error.

If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we

hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety

(90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide

to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount

which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we

ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit

your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty

(30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions. Visa's®

cardholder protection policy requires that we provide provisional credit for losses from unauthorized Visa® Check Card use

within five (5) business days of notification of the loss.

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We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error,

we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

LIABILITY FOR FAILURE TO COMPLETE TRANSACTION. If we do not complete a transfer to or from your account on

time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by

law. However, there are some exceptions. We will NOT be liable, for instance:

 If through no fault of ours, you do not have enough money in your account to make the transfer.

 If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.

 If the electronic terminal was not working properly and you knew about the breakdown before you started the

transfer.

 If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or

interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.

 If we have terminated our Agreement with you.

 When your ATM Card or Debit Card has been reported lost or stolen or we have reason to believe that something is

wrong with a transaction.

 If we receive inaccurate or incomplete information needed to complete a transaction.

 In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would

normally handle the transfer.

 If the funds in the account are subject to legal action preventing a transfer to or from your account.

 If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE TRANSFERS.

PER TRANSACTION CHARGE. We may assess a fee for each preauthorized transfer, ATM transaction, telephone

transaction or Point of Sale purchase you make. Please see the applicable schedule of fees to determine the applicable

amount.

PERIODIC CHARGE. We may charge you a fixed monthly or annual charge for the additional services available to you

through your ATM Card or Debit Card or otherwise. See the applicable schedule of fees to determine the amount of the

charges.

FEES. You may be charged a fee for withdrawals of cash under certain circumstances, whether they take place at

proprietary machines or through a network or are Point of Sale transfers or transfers made without the use of your ATM

Card or Debit Card. The circumstances under which such charges will be assessed, as well as the amount of the charge, are

included in the current fee schedule, which is hereby incorporated into this document.

SCHEDULE OF FEES. The schedule of fees referred to above is being provided separately and is incorporated into this

document by reference. Additional copies of the schedule may be obtained from First Bank & Trust upon request.

PREAUTHORIZED TRANSACTIONS. There are no additional charges for your use of preauthorized electronic fund

transfers except as stated in our fee schedule, which is incorporated into this document by reference.

Our networks of choice are STAR® Systems and NYCE. Please note that there may be additional fees charged by the

terminal owner when withdrawing cash from their ATM (surcharge), but you may opt out of the transaction and choose not

to accept the fee. Six (6) surcharges up to a maximum dollar limit of $20.00 in surcharges each statement period will be

refunded (credited) to your Account

DISCLOSURE OF ACCOUNT INFORMATION. You agree that merchant authorization messages transmitted in connection

with Point of Sale transactions are permissible disclosures of account information, and you further agree to release First Bank &

Trust and hold it harmless from any liability arising out of the transmission of these messages.

We will disclose information to third parties about your account or electronic fund transfers made to your account:

1. Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or

2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or

3. In order to comply with government agency or court orders; or

4. If you give us your permission in a record or writing.

 

AMENDING OR TERMINATING THE AGREEMENT. We may change this agreement from time to time. You will be notified at least 21 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.

 

SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please keep in mind the following basic safety tips whenever you use an ATM:

  • Have your ATM Card or Debit Card ready to use when you reach the ATM. Have all of your forms ready before you get to the machine. Keep some extra forms (envelopes) at home for this purpose.
  • If you are new to ATM usage, use machines close to or inside a financial institution until you become comfortable and can conduct your usage quickly.
  • If using an ATM in an isolated area, take someone else with you if possible. Have them watch from the car as you conduct your transaction.
  • Do not use ATMs at night unless the area and machine are well-lighted. If the lights are out, go to a different location.
  • If someone else is using the machine you want to use, stand back or stay in your car until the machine is free. Watch out for suspicious people lurking around ATMs, especially during the times that few people are around.
  • When using the machine, stand so you block anyone else's view from behind.
  • If anything suspicious occurs when you are using a machine, cancel what you are doing and leave immediately. If going to your car, lock your doors.
  • Do not stand at the ATM counting cash. Check that you received the right amount later in a secure place, and reconcile it to your receipt then.
  • Keep your receipts and verify transactions on your account statement. Report errors immediately. Do not leave receipts at an ATM location.
  • Report all crimes to the operator of the ATM and to local law enforcement officials immediately.

ADDITIONAL PROVISIONS

Your account is also governed by the terms and conditions of other applicable agreements between you and First Bank & Trust.