Disclosure Handbook. December 1, 2015 Personal and Business Deposit Accounts

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1 Disclosure Handbook December 1, 2015 Personal and Business Deposit Accounts

2 This booklet contains important information concerning your accounts with East River Bank. Please take the time to read this Disclosure Handbook carefully and keep it with your bank records for future reference. This booklet and your other account documents, together with any changes we may later make to them, serve as our contract with you governing your deposit accounts. If you have any questions concerning your accounts, please contact us at or visit your nearest East River Bank branch office. We are pleased to serve your banking needs and thank you for choosing East River Bank. TABLE OF CONTENTS New Account Disclosure...1 Electronic Funds Transfer Disclosure...16 Telephone Banking...21 ATM/VISA Services Internet Banking Agreement And Disclosure...30 Mobile Banking Addendum Regulation CC Funds Availability Policy USA Patriot Act Privacy Disclosure...40 East River Bank Neighborhood Banking. Wherever You Go.

3 NEW ACCOUNT DISCLOSURE IMPORTANT INFORMATION This New Account Disclosure ( Disclosure ) consists of the terms/conditions, regulations and disclosures that apply to any kind of deposit account you have with us. Additionally, any other information on signature cards that you sign, transfer authorizations executed and any other documents or notices executed and/ or issued to establish and maintain your account, will apply to the administration of your account with us. The deposit relationship between you and us is primarily governed by this Disclosure and the other items mentioned above. But it is also governed by: the laws of the United States of America the laws of the state of Pennsylvania the rules and regulations of the Federal Reserve Board and various Federal Reserve Banks the rules and regulations of any banking supervisory authority that we are subject to the rules and regulations of such organizations such as clearing house associations recognized banking practices and customs the Uniform Commercial Code our own Banking policies. In addition to this Disclosure, you have been provided a Fee Schedule and any other separate items that would be applicable to your account. DEFINITIONS In this Disclosure, the words you and your mean the depositor. The words we, our or us mean East River Bank. Unless it would be inconsistent to do so, words and phrases used in this Disclosure should be construed so that the singular includes the plural and the plural includes the singular. YOUR AGREEMENT TO THE INFORMATION IN THIS DISCLOSURE APPLYING TO YOUR ACCOUNT When you open a new account with us, the signing of your signature to a signature card indicates your agreement that the information in this Disclosure will apply to your account. In the case of your having an existing account with us when you receive this Disclosure, your action or inaction to allow the account to continue to exist with us will indicate your agreement that the information in this Disclosure will apply to your account. In the case of accounts where the closing of the account would cause some sort of penalty, your agreement that the information in this Disclosure will apply to your account will not occur until after the date on which the penalty would not apply if you closed your account. YOUR PROMISE TO PAY You promise to pay us any fees incurred on this account and agree that we may deduct these fees, when assessed, directly from your account balance. These fees may be for services you request which are not listed in this Disclosure or the separate fee schedule. You also promise to pay us for any expenses incurred due to attachment, garnishment or levy upon your account. These may also be deducted directly from your account balance. You agree to be jointly and severally liable for any negative balance in your account ( Indebtedness ) that would result from fees or overdrafts, whether caused by you or any other person authorized to withdraw from your account. This would include costs we incur to collect the amount of the negative balance including, to the extent permitted by law, our reasonable attorneys fees. This indebtedness may be charged to any account solely in your name or in your name as well as the name of another or others. eastriverbank.com 1

4 GOVERNING LAW If any provisions of this Disclosure are found to be in conflict with any federal, state or local law or regulation, those provisions will be nullified to the extent that they are inconsistent with the law or regulation, and the applicable law or regulation will govern. The remainder of this Disclosure will not be affected by that law or regulation and will remain in full force. ORAL REPRESENTATIONS If a conflict arises between oral or written information furnished to you in this Disclosure, this Disclosure will prevail. DEPOSITS Deposits shall be in currency, checks, drafts or other negotiable instruments acceptable to us. Deposits can be made in person at any of our offices, can be sent to us in the mail or made via night depository if we have night depository facilities. We are not responsible for deposits initiated by mail until the bank has received them from the U.S. Post Office. Deposits can be made as frequently as allowed by the rules governing the type of account in which the deposit is being made. All items credited to any account or cashed by us are credited or cashed conditionally, subject to final payment to us. We may charge back to your account, without prior notification, the amounts of any such checks or other items to the extent that the proceeds are not received by us. In this situation, if your account is an interest bearing one, we may adjust the amount of interest you have earned on the account as necessary. We may, at our discretion, resubmit returned checks and any other items to the drawee or payor for settlement. In addition, you promise to pay any special fees for collecting your deposit. We ask that you accompany deposits with deposit slips and that you present your passbook, if applicable. We will add your deposit to the account s ledger balance after it is received and entered on our books and records. By signing the signature card when you open your account with us or continued use of the account after receiving this Disclosure, you have waived any notice of non-payment, dishonor or protest regarding any items credited to or against your deposit account. For example if a check which you deposited is dishonored and returned to us, we do not need to notify you of the dishonor. We may return all or any portion of a deposit, close an account or refuse to accept any deposits, whenever we may deem it necessary to do so. If you shall refuse or neglect to receive such returned deposits, they will cease to earn interest, when applicable. In receiving checks or other items, we act only as your agent for forwarding or transmitting through our correspondents or directly to the Institution paying the item, subject to all conditions from time to time imposed by these institutions, and by us. We assume no responsibility beyond the exercise of reasonable care. We will not be liable for losses arising from the failure, willfulness or negligence of other financial institutions, or for losses in the course of transmission. 2 East River Bank Neighborhood Banking. Wherever You Go.

5 CUT-OFF TIMES FOR DETERMINING WHEN A DEPOSIT IS CONSIDERED MADE If we receive your deposit on a weekday before the cut-off time as disclosed to you in our Regulation CC Funds Availability Disclosure, the deposit will be considered to have been made on that day. If we receive your deposit after the cutoff time or on a Saturday, Sunday or holiday, we will consider the deposit as having been made on the next business day. NIGHT DEPOSITORY Deposits made via a night depository are not considered as having been received until the deposit is removed from the depository. Items placed in the night depository will be removed from the depository no later than the next business day (does not include Saturdays, Sundays or holidays). You agree that your use or your agent s use of the night depository will be at your sole risk at all times and that our records as to the presence in or absence from the depository of any envelope or package or the contents thereof shall be conclusive and binding upon you. What we finally credit for currency deposited via night depository is subject to our count and acceptance. PROPER ENDORSEMENT OF ITEMS DEPOSITED For each check you cash or deposit, in order to process your deposits as expediently as possible, proper endorsement (include name and account number) of your checks is essential. East River Bank reserves the right to refuse any items not properly endorsed by the payee. Checks made payable to a business entity may only be deposited into an account bearing that entities name in the title. You agree to place your proper endorsement in the designated space on the reverse side of each check as follows: the endorsement area for you to use is an area on the back side of the check that extends 1 1/2 inches from the trailing edge of the check. The trailing edge of the check is the left edge of the check when looking at the check from the front side. All other space on the back side of the check is for our use only. Your failure to endorse in this designated 1 1/2 inch area shall make you responsible for any loss resulting from the placement of signatures, stamps, endorsements or any other matter in any area other than the designated area. When there is more than one accountholder to an account, each one grants to the other full power and authority to endorse for deposit to the account ( For Deposit Only ) all checks, drafts or other instruments drawn or payable to the order of the other or to the order of both. You also grant to us the authority to endorse for deposit to the account any checks, drafts or other instruments drawn or payable to the order of any or both of the accountholders. DIRECT DEPOSITS You can arrange to have certain types of payments from federal and state governments and from other persons or companies deposited directly (electronically) into some of the accounts you have with us. Direct deposits are credited on the day we receive them to those accounts you have previously designated. You can call us to see whether a direct deposit has been made as scheduled, and you will see the direct deposit on each regular statement we send to you. If in connection with a direct deposit plan, we deposit any amount into your account which should have been returned to another entity for any reason, you authorize us to deduct this amount from your account or from any other account you have with us, without prior notice, at any time. We also may use any other legal remedy to recover the amount of our liability to that entity. eastriverbank.com 3

6 CLEARING YOUR DEPOSITS According to current state or federal laws and regulations, we reserve the right to clear checks and other noncash items you deposit before we make the money available to you. Please see the Regulation CC Funds Availability Disclosure for details about the availability of your deposited funds. If we do cash an item for you or allow you to withdraw some or all of the money it represents before it is paid and it is not paid for any reason, we will charge your account immediately after the unpaid item is returned and, if necessary, require a refund from you. CURRENT BALANCE AND AVAILABLE BALANCE Current Balance: This is the total of all credited deposits plus interest paid less any withdrawals and any miscellaneous fees applied against your account. We use the current balance to decide if your account meets minimum and average balance requirements and, except as described above in the CLEARING YOUR DEPOSITS SECTION, whether withdrawals can be made. We use the current balance to calculate any interest your account may earn or to place holds on your account. Available Balance: This is the total of credited cash deposits and noncash deposits for which the times set in the bank s availability schedule has been imposed, plus interest paid less any bank management holds, withdrawals and service charges and fees imposed. An unpaid check or other item can be returned after the time set by the bank s availability. We will charge your account or obtain a refund for items returned unpaid, which may, in our discretion, include interest credited to your account related to those items, as explained above in the CLEARING YOUR DEPOSITS SECTION, even if the item had become included as part of your available balance before being returned. WITHDRAWALS Using forms approved by us, withdrawals can be made from any applicable account subject to our right to verify to our satisfaction the identity of the person seeking the withdrawal and the validity of the request. We ask that withdrawals be made with checks or withdrawal tickets and that you also present your passbook, if applicable. We reserve the right to return unpaid any other form of order being used for withdrawal or any other that is incompletely or defectively drawn. Withdrawals from applicable accounts may be made via an automated clearing house (ACH) debit such as an insurance company payment. Withdrawals made from a Certificate of Deposit before the maturity date may be subject to an early withdrawal penalty. We are not liable for the nonpayment of checks or requested transfers unless your check or transfer is drawn against collected funds that have been credited to your account at the opening of business on the day of presentment. Federal Reserve Regulation CC provides for certain exceptions to the previous sentence. We will not be liable for the nonpayment of any checks or requested transfers which result from there being insufficient funds in your account from us deducting special charges or fees as listed in our Fee Schedule or other special charges or fees authorized by this Disclosure. Checks or requested transfers may be paid by us without inquiry as to the circumstances of issue or application of proceeds. We have no duty to take note of any special memoranda or time limit of payment placed on any check or transfer by you nor shall we be liable for payment of any check or transfer con- 4 East River Bank Neighborhood Banking. Wherever You Go.

7 trary to this. You understand that any withdrawals may be subject to a service fee as disclosed in our Fee Schedule and you will not attempt to withdraw more than the amount available to you in your account. Any limits on the amount or frequency of withdrawals from an account are detailed in the Regulation DD Truth in Savings Disclosure for that account. We reserve the right to refuse any withdrawal or transfer which is for an amount less than any minimum withdrawal amount or exceeds any frequency limitation. If you attempt to repeatedly abuse these limitations, we reserve the right and may be forced to close your account. For purposes of applying this frequency limitation, we will use the date a transaction is completed by us (instead of the date you initiate the transaction). NOW ACCOUNTS: Time Deposits Time deposits are accounts that have a maturity of at least seven days from the date of deposit. They may be payable on a specified date not less than seven days after the date of deposit, or after the expiration of a specified period of time not less than seven days after the date of deposit (for example, thirty days after the date of deposit). Time deposits may also be payable upon receipt of written notice from the depositor (required in the contract) not less than seven days prior to withdrawal. If funds are withdrawn from a time deposit account within six days of the date of deposit or within six days of the most recent partial withdrawal, the specified early withdrawal penalty must be imposed. Notice of Withdrawal We reserve the right to require at least 7 days written notice before any withdrawal or transfer from an interest bearing account. We will then pay all withdrawals requested in accordance with such methods and procedures as to amounts and allotments of funds for such purposes as is required by law. We can only do this if we require the same notice from everyone having accounts of the same kind. INSUFFICIENT FUNDS, UNCOLLECTED FUNDS AND OVERDRAFTS An Insufficient Fund (NSF) item is any item that, at the time of presentment to an account, funds were not available in the specific account it is presented against. An Uncollected Fund (UCF) item is any item that, at the time of presentment to an account, sufficient collected funds are not available in the specific account it is presented against. We will, at our sole discretion, process checks presented for payment against insufficient/uncollected funds by returning the check to the party who presented it for payment; we will then advise you by mail that the check has been returned unpaid. An Insufficient/Uncollected Funds Fee as set forth in the Fee Schedule will be deducted from your account. This fee applies to overdrafts created by check, in-person withdrawal, ATM withdrawal or other electronic means. Even if we honor withdrawal requests which overdraw the final collected balance in your account, this will not obligate us to do so in the future. POST-DATED CHECKS You agree not to date a check later than the date that you write it. We are not responsible if we charge an otherwise properly payable but post-dated check against your account before the indicated date. STALE DATED CHECKS You agree not to present a check that is dated more than six months ago. We are not responsible if we charge an otherwise properly payable but stale dated check against your account before the indicated date. eastriverbank.com 5

8 TRANSFERS Different types of transfers apply to different types of accounts. In some cases, there are limits on the minimum amount that may be transferred. In other cases, there are limits upon the number of transfers allowed during any monthly statement cycle. This Agreement and your Truth in Savings Disclosure explain the types of transfers, the accounts where each type is available and the limitations on those transfers. If you do not have the necessary funds in your account to make a full transfer, we will not be required to make that transfer. By Mail or In Person: Transfers between accounts can be made in person at any of our offices or by sending appropriate withdrawal forms or checks and deposit slips by mail. These can be made between any accounts you have with us and have no frequency or minimum dollar amount limitations. Preauthorized Electronic Funds Transfers: These are arranged in advance with us to be made on a certain day of each month or at regular intervals between accounts. There is no limitation on the dollar amount of these transfers. If these transfers do not involve a third party other than you and us, there is no limitation on the frequency of these transfers. If these transfers do involve transferring funds to a third party, there are limitations as to the frequency of transfers allowed. For this information, see the Regulation E Electronic Funds Transfer Disclosure. Overdraft Protection: An overdraft line of credit is available. Please consult with one of our Lenders for additional information. Our Account Link program is also available. This service allows transfers from your East River Bank savings account to your East River Bank checking account for overdraft protection. Please refer to the Fee Schedule for applicable fees. Account Link transfers are governed by Federal Regulation D and excess transactions may result in a fee. Please refer to the product Truth in Savings Disclosure. Telephone Banking Transfers: All accounts that are specified to be transferred between must have like account ownership and identical lead tax identification numbers. All telephone transfers are subject to final verification satisfactory to us. We can change that verification as we think necessary. You will see verification of your telephone transfer on your monthly statements covering the day it was made. Telephone Transfers are governed by Federal Regulation D and excess transactions may result in a fee. You may make inquiries or transfer funds between your accounts at East River Bank by calling our Telephone Banking System 24 hours a day at and following the instructions. These transfers can only be made between accounts which you own. There is no limitation on the dollar amount of these transfers provided the funds are available in your account. There may be limitations on the number or frequency of transfers allowed. ATM Transfers: You may make transfers via an ATM using your ATM or Visa debit card. These transfers will be between accounts that you specified on your card application. There is no limitation on the dollar amount of these transfers. There may be limitations as to the frequency of ATM transfers allowed. Internet Banking Transfers: You may make transfers via the Internet by visiting eastriverbank.com. These transfers will be between accounts that you specified on your Internet Banking Service registration. There is no limitation on the dollar amount of these transfers. Internet Banking Transfers are governed by Federal Regulation D and excess transactions may result in a fee. 6 East River Bank Neighborhood Banking. Wherever You Go.

9 FEES You agree to pay the service fees described in the Fee Schedule and in the Truth in Savings Disclosure given to you with this Agreement. These fees help us to cover the costs of servicing your account and may be deducted directly from your account without prior notice to you. You also agree to pay any additional fees that are reasonable which we charge you for services you may request which are not listed in the Fee Schedule. We will not be liable if we dishonor checks or other withdrawal orders because the deduction of such fees has left insufficient funds in your account. Please understand that we can change these fees in the future using the notification procedure described in the CHANGE OF TERMS section further on in this Disclosure. STATEMENTS AND PASSBOOK ENTRIES A statement of account may be sent to you monthly. The statement will show account activity, balances, fees charged and if applicable interest rate information. For a passbook account, your passbook will reflect the above information. You should carefully examine the statement when you receive it or the passbook when information is posted to it. If you believe there is an error on the statement or in the passbook or that some unauthorized person has withdrawn funds from the account, you should notify us immediately. You agree to report to us, in writing within 60 days of the day you receive the statement or have information posted to the passbook, any error or omission on that statement or in the passbook which does not involve an Electronic Funds Transfer. Electronic Funds Transfers include all transactions from one of your accounts requested by telephone and all preauthorized transfers for payments to and from third parties. Special rules cover your duty to examine and report errors and omissions on your monthly statement or in your passbook for Electronic Funds Transfers. They are described in the Electronic Funds Transfer Disclosure. Images of the original checks will be returned on all Checking Accounts (see rules for substitute checks in the Funds Availability Disclosure) with the monthly statement. Statements received electronically (via e-statement) also contain images of the original checks. You agree that a reasonable time for you to examine the statement for errors or omissions and examine the checks to report any unauthorized or forged signatures or alterations on the checks is 30 days after you receive them or they are made available to you. If you do not notify us within this 30-day period, you cannot assert the forgeries or alterations against us via legal proceeding or action even if we are unable to show the loss is due to your failure, and you cannot assert any other forgeries or alterations by the same perpetrator on items paid by us after the above time period. We will mail statements to the most current address you have provided. If the statements are unclaimed or undeliverable, we can stop sending them until we receive a written request from you, including your proper address, requesting us to commence sending statements again. Photocopies of checks paid on all accounts are available upon request for the past seven years. A fee may be charged for these photocopies. STOP PAYMENT You can request us to stop payment on an authorized payment or check which you have written. You can do this in writing, online banking, or call us via phone. To do this, you must give us your account number, the check number, date and amount of the check and the name of the payee. If the information given to us is not correct, or if you fail to give us any other reasonable information requested regarding the item, we will not be responsible if we are unable to stop payment. We reserve the right to take up to 24 hours to determine whether a stop payment order can be executed on a check. The order is ineffective, if at the time of its receipt, we have already cashed the items or if we eastriverbank.com 7

10 have otherwise become legally obligated for its payment. Oral requests to stop payment must be confirmed in writing within 14 days or we may no longer honor them. Written and properly confirmed oral requests will be effective for six months, but renewals in writing may be made. You will be charged the applicable fee for the stop payment request at the time of the request. Each renewed stop payment will be treated as a new request and another fee will be charged. We reserve the right to require three days notification before placing a stop payment on an ACH item. The order is ineffective, if at the time of its receipt, we have already cashed the item or if we have otherwise become legally obligated for its payment. Oral requests to stop payment must be confirmed in writing within 14 days or we may no longer honor them. In the event of a recurring payment, you need to specify if it is a one time stop of the payment or all subsequent payments are to be stopped. If it is a one time stop, the ACH stop payment will remain in effect for six months from the date of the stop payment order, or until one payment of the debit entry has been stopped, or until you withdraw the stop payment order, whichever comes first. If all payments are to be stopped, a Revocation of Authorization of ACH Debit Activity must be completed by the customer, along with the ACH stop payment form. Stop payments of this nature are permanent. You agree to hold us harmless and indemnify us for any and all expenses and liability which we might incur if we pay an item on which you have requested a stop payment, provided that we have exercised ordinary care. You also agree that if we return any other item drawn by you (or do not make a requested transfer) due to insufficient funds, which is caused due to our payment of an Item on which you had requested a stop payment, you will not hold us liable for such action. A stop payment order will be accepted from any owner of a joint account no matter who signed the check and written notification may be sent to all other owners. If you buy a bank draft or money order from us, you do not have the right to stop payment to a third party. A revocation of a stop payment order is not valid unless delivered to us in writing. Only the person who originally placed the stop payment order can revoke it. If we re-credit your account after paying a check over a valid and timely stop payment order, you agree to do two things: (1) you will transfer to us all of your rights against the payee or other holder of the check, and (2) assist us if we take legal action against that person later on. IF YOU LOSE YOUR PASSBOOK, CERTIFICATE OF DEPOSIT, OR CHECKS If your passbook, certificate of deposit, or checks are lost, stolen, destroyed or leave your possession without your authorization, you must notify us immediately. We may require evidence, indemnity, security and a waiting period before we issue a new passbook or certificate of deposit or permit any withdrawals. Possession of a passbook by someone making a withdrawal will be sufficient evidence to us of that person s right to withdraw any part of the balance of the account without further inquiry on our part. This means we will not be liable for any payments made to persons presenting a passbook for withdrawals before you have notified us of your loss of the passbook. We are entitled to a reasonable period of time after you notify us of your loss of any item for us to notify our employees. TRANSFERS, PLEDGES, AND LOANS You cannot transfer your account, or any money in it without our prior written consent. You may pledge certain accounts as collateral for a loan if you obtain our prior written consent on forms we provide. All owners must sign a pledge on a joint account. The rights of any person pledging an account are subject to 8 East River Bank Neighborhood Banking. Wherever You Go.

11 our right to charge your accounts for amounts you owe us and which are due. We are not responsible for the validity of any transfer or assignment, even though we consent to it. IF YOU OWE US MONEY - RIGHT OF SETOFF The law gives us the right to setoff, in certain instances, your property in our possession, including, but not limited to, deposit accounts. This means that if you ever owe us money as a borrower, guarantor or otherwise, and the obligation or debt becomes due, we have a right under this Disclosure (by which you grant us a security interest in your deposit account) to use the money from your account to pay the debt. We shall have this right even if withdrawing the money results in an interest penalty. Our right to setoff is automatic and superior to any claims to the account through right of survivorship. You also acknowledge and agree that this right of setoff may be exercised with respect to your property in our possession against any sums you owe to us or our successors. We also have the right to setoff against any of your joint accounts (regardless of who placed the funds in these accounts), at any time without notifying you in advance, to pay any debt which is due that you or any joint tenant owes us. In addition, we also have the right of setoff against any of your tenant by the entireties accounts to pay any individual debt which is due that you owe us. Further, we also have the right to setoff against any of your partnership or joint venture accounts (regardless of who placed the funds in these accounts), for any amount your firm, any partner or any joint venturer owes us. INACTIVE ACCOUNTS A deposit account will become inactive when there has been no customer initiated activity for a period of ONE year. A Certificate of Deposit will become inactive one year after the initial date of maturity if no customer initiated activity occurs. DORMANT ACCOUNTS A deposit account will become dormant when there has been no customer initiated activity for a period of TWO years. A Certificate of Deposit will become dormant two years after the initial date of maturity if no customer initiated activity occurs. ESCHEATABLE ACCOUNTS (WHEN THE STATE CLAIMS FUNDS IN YOUR ACCOUNT) A deposit account is presumed to be abandoned, and will be escheated to the Commonwealth of Pennsylvania, if for a period of three years there has been no customer initiated activity in the account, or there has been no customer initiated communication about the account or the customer has no other account with the bank that does not fall within this definition of presumed abandoned. An escheat Fee will be charged in accordance with the Fee schedule. Excluded from these Presumed Abandoned accounts are: PUTMA accounts Court-ordered accounts Burial accounts If the property is in litigation it should not be escheated A certificate of deposit that has had no depositor initiated activity for a period of three years after its initial maturity date is also considered escheatable. If there are no customer initiated directives to any of these eastriverbank.com 9

12 accounts within the specified time periods, these escheated accounts will be withdrawn and paid to the State of Pennsylvania. WITHHOLDING ON YOUR ACCOUNT Interest earned on your account may be subject to withholding for federal income tax if we receive notice from the IRS or you fail to provide us with your correct taxpayer ID number. CLOSING YOUR ACCOUNT You can close your account by withdrawing all collected funds in the account at any time. We may deduct an early closing fee if it is mentioned in the Fee Schedule or in the Regulation DD Truth in Savings Disclosure given to you with this Disclosure. We also can close your account, for any reason, if we choose to. If we do this, we will mail to you at your last address shown on our records a notice and check for the final current balance. Notice to any accountholder will be considered notice to all accountholders. If we refuse to accept deposits or credits to the account, we will not be liable to you for doing so. Should an account be closed at any time by the withdrawal of the balance of the account and later reopened, the reopened account will be subject to all the terms and conditions in this Disclosure. LEGAL CONTROVERSIES INVOLVING YOUR ACCOUNT If we are served with legal process in any judicial proceedings, or we receive any other notice of an adverse claim against your account, we may suspend payment of the account when we believe it to be affected by these happenings until final determination of the legal process or other notice of adverse claim, or receipt of a court order issued by a court of competent jurisdiction. We are not liable to you for damages caused to you by reason of us incorrectly suspending payment due to inadvertence, error caused by similarity of names of accountholders, or any other mistake, as long as we have acted in good faith and mailed within a reasonable time written notice of the action taken by us. This notice would be mailed to you at the last address appearing on our records. OTHER LEGAL PROCEEDINGS If your account is garnished, or otherwise subject to levy by lawful legal action, we will not be liable to you for any sums we may be required to pay because of such garnishment or lawful legal action. 10 East River Bank Neighborhood Banking. Wherever You Go.

13 YOUR DUTY TO EXAMINE YOUR STATEMENT As used in this section, the term problem means any error, alteration, counterfeit check, or unauthorized transaction (including, but not limited to, forged or missing signatures and excluding consumer electronic banking transactions) related to your account. Because you are in the best position to discover any problem, you agree to promptly examine your statement and report to us any problem on or related to your statement. You agree that we will not be responsible for any problem that: you do not report to us in writing within a reasonable time not to exceed 30 calendar days after we mail the statement (or make the statement available) to you; results from a forgery, counterfeit or alteration so clever that a reasonable person cannot detect it (for example, unauthorized checks made with your facsimile or other mechanical signature device or that look to an average person as if they contain an authorized signature) You agree to waive any rights to recovery you may have against us if you do not provide notice to us in the manner and within the time required by this Agreement. You may not start a legal action against us because of any problem unless: 1. you have given us the above notice and 2. the legal action begins within one year after we send or make your statement available to you. If you make a claim against us in connection with a problem, we reserve the right to conduct a reasonable investigation before re-crediting your account, and you agree to fully cooperate in such investigation. Within 30 days of the date of mailing, you agree to complete and return an affidavit of unauthorized paper debit on the form we provide you along with any other information we may request. You further agree to file a police report if we request. If you refuse to sign such an affidavit or fail to return the affidavit and other requested documentation within 30 days of the date we mail it to you, you agree that we may consider the matter resolved and reverse any provisional credit provided. At our sole discretion, we may, but are not obligated to, provisionally credit your account during the investigation for all or a portion of the amount claimed. Any provisional credit to your account may be reversed if you fail to fully cooperate in our investigation or, if as a result of our investigation, we determine that the charge to your account was proper. You agree to pay any fees assessed or accrued against your account during the investigation or that may arise upon reversal of any provisional credit. For problems involving an electronic banking transaction, please refer to the ELECTRONIC BANKING AGREEMENT. eastriverbank.com 11

14 ELECTRONIC BANKING AGREEMENT This time period for you to examine your statement and report problems to us are without regard to our level of care or the commercial reasonableness of our practices, and without regard to whether cancelled checks are supplied to you. Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account. REIMBURSING US FOR EXPENSES You agree that if we incur any expense due to any of the above situations in LEGAL CONTROVERSIES or OTHER LEGAL PROCEEDINGS, or incur any expense due to an attachment, garnishment, or levy upon your account, you will reimburse us for these expenses or we may charge any portions of these expenses to your account. You will also reimburse us or allow us to charge the expenses to your account for any expenses we incur if we have to file a lawsuit to collect money due to us because of transactions on your account, or to insure that you do what you have agreed to do in this Disclosure. These expenses include, but are not limited to any applicable fees listed in our Fee Schedule or court costs and attorney fees. INDEMNITY If you ask us to follow instructions which we believe expose us to potential liability under the law, we may refuse to follow your instructions or may require a bond or other protection, such as your promise to protect us against any claims (indemnity), satisfactory to us, before following the instructions. MAILING ADDRESS/CHANGE OF ADDRESS The address of record that we have for you in our records is conclusively deemed correct for the purpose of mailing statements and any other correspondence to you. It is very important that you notify us immediately if you change your address. You are required to submit any address change in writing and accompanied by an authorized signature. CHANGE OF TERMS We can change the terms of this Disclosure and the services and products we provide, at any time, for any reason. We can also change any of the fees we impose, as detailed in the Fee Schedule given to you with this Disclosure, at any time, for any reason. If we do either of these, we will either post notice of the changes in our offices or notify you by mail at least 30 days prior to the change. We will provide the kind of notice required by law or regulation before the amendment becomes effective. Otherwise, the change will be effective when we specify. You understand that if you make a deposit or withdrawal from your account after the proper notification period you are agreeing to the changed terms and/or fees. We also may enact such other rules and regulations, from time to time, as are customary in the conduct of the banking business or are in our judgment, necessary for the protection of the depositors of our financial institution. Our deposit agreement with you may also be changed without notice to the extent permissible in complying with any law or regulation of any appropriate banking regulatory authority. We reserve the right to waive the enforcement of any of the terms of this Disclosure with respect to any transaction or series of transactions. Any such waiver will not affect our right to enforce any of our rights with respect to other customers, or to enforce any of our rights with respect to later transactions with you. The fact that we, on any given occasion, may enforce or waive our rights does not obligate us to enforce or waive similar rights in the future, nor will this be sufficient to modify the terms and conditions in this Disclosure. 12 East River Bank Neighborhood Banking. Wherever You Go.

15 INFORMATION ABOUT TYPES OF ACCOUNT OWNERSHIP THAT MAY BE USED WHEN OPENING AN ACCOUNT INDIVIDUAL ACCOUNT If your account is individual in ownership, your signature is shown on the Signature Card you signed to open the account. We are authorized to act without further inquiry in accordance with writings bearing that signature. JOINT ACCOUNTS If you create a joint account when you place your signature on the Signature Card to open the account, the account becomes the property of each of the designated owners as joint tenants with the right of survivorship. Any or all of the joint owners can make deposits, withdrawals or close the account. To make withdrawals, a joint owner must have his or her signature on file with us. The Bank does not monitor accounts that require two signatures. The terms you and yours in this Disclosure apply to all joint tenants singly and collectively. Joint owners on the Signature Card signed to open the account are treated by us as owning the funds in the account as joint tenants with the right of survivorship and not as tenants in common. Upon the death of a joint owner, the funds in the account will pass to the survivor(s). When we conduct business involving a joint account, we can act on the instructions of any of one or more of the joint owners. In the event of conflicting instructions by two or more of the joint tenants, we may place a temporary hold on the account until the joint tenants have resolved the dispute or we are instructed by legal process to do otherwise or we decide to remove the hold or dispose of the funds. You agree that any money in your joint account can be paid to any one or more of the joint owners. This payment can be made on the orders or instructions of any of the joint owners even if the other owners are not alive or are disabled at the time of payment. If we make any payment following these rules, you release us from liability. Each of you will be jointly and severally liable to us for the amount of any overdrafts in your account regardless of which of you made the transaction creating the overdraft. GIVING A POWER OF ATTORNEY You can give another person the right to act on your behalf in making transactions on your accounts. This can be done only after giving us written authorization on forms which we indicate are acceptable to us. A Power of Attorney form must be notarized. If there is more than one account owner, we may require the consent of all account owners to your appointment of an attorney in fact. We may continue to rely upon this power of attorney authorization until we receive: 1. written revocation of the authorization; 2. actual notice of the death of the accountholder; or 3. a court order regarding the incompetence of the account owner and appointment of a guardian. eastriverbank.com 13

16 CUSTODIAN ACCOUNTS If you wish to make a gift of money to a minor, you can do so and name yourself or another adult as custodian to handle the money while the beneficiary is a minor. Interest earned will be reported under the Tax I.D. Number of the minor, however, it may be taxed at the rate of his or her parents. We will follow the Pennsylvania Uniform Transfers to Minors Act for this type of arrangement. A gift of money made in this manner is irrevocable and conveys to the minor legal title to the custodial property. The custodian has certain powers and duties in relationship to such accounts as prescribed by the state law, including the power to collect, hold, manage, invest and reinvest the custodial property. However, this property held shall be for the exclusive right and benefit of the minor and will be free from the control or lien of all other persons, except creditors. The property shall be paid, together with interest credited to the account, to the minor when he or she reaches the age of majority and the custodian has transferred signing authority. The receipt or release of the minor shall be a valid and sufficient release and discharge to us for any payment so made. We have no obligation to inquire into the purpose of any withdrawal. TRUST ACCOUNTS The following types of trust accounts may be opened: a. Individual Trust Account One Beneficiary b. Individual Trust Account Multiple Beneficiaries c. Joint Trust Account One Beneficiary d. Joint Trust Account Multiple Beneficiaries In the absence of our review and approval of the trust documentation, the above trust accounts may only be revocable trust accounts. If you wish to create a trust for the benefit of one or more beneficiaries, you can open this type of account. The person creating the trust is the grantor of the trust. The beneficiary is the person named in the trust that will benefit from the trust. The trustee is the person named in the trust who is charged with holding, managing, pledging, investing and reinvesting the funds of the trust, in their sole discretion, for the benefit of the beneficiary. The funds that the trustee manages are to include earnings on the funds and any future additions to the trust. We may absolutely rely upon your representation to us, as you may change from time to time, as to who is the beneficiary of a revocable trust. If there is more than one trustee on the revocable trust account, the trustees will be considered as joint tenants with the right of survivorship. This means that all the rules of the section titled JOINT ACCOUNTS will apply to transactions in the account while both joint trustees are alive in the absence of instructions to the contrary from all trustees. If one of the joint trustees of a revocable trust should die, all rights to the account, including the right to terminate the trust, will pass to the surviving trustee(s). If approved, an irrevocable trust shall be exclusively governed by the trust document and applicable law. FUNERAL SERVICE TRUST ACCOUNTS This is a special type of trust account that is used to set up a trust to pay for someone s funeral expenses. You can open a Funeral Service Trust Account with us. Like any other trust account, we must have a separate trust agreement on file with the Signature Card used to open this type of account. The trust agreement, along with the Signature Card and this Disclosure, controls how we will administer this type of account. 14 East River Bank Neighborhood Banking. Wherever You Go.

17 FIDUCIARY ACCOUNTS This type of account may be opened by duly authorized and appointed fiduciaries. If more than one fiduciary is listed on the Signature Card, withdrawals will only be permitted on the signature of all fiduciaries. The fiduciary of the account hereby certifies that the funds which are offered to this Financial Institution in accordance with the fiduciary relationship for placement in an account, and any funds that are later placed in the same account are funds that are properly within the fiduciary s custody, which may be lawfully invested in or placed in an account at this Financial Institution in accordance with the authority duly vested in the fiduciary. SPECIAL INFORMATION ABOUT CREATING JOINT, TRUST OR CUSTODIAL ACCOUNTS You agree that when you set up a joint account, trust account or custodial account with us, you have instructed us as to the proper title of the account and that we assume no legal responsibility to inform you as to how the creation of one of these accounts affects your legal interests. If you have any questions as to the legal effects to any of these accounts, you will consult with your own attorney and bear the sole responsibility as to the legal effect of the creation of the account or how it is maintained with us. CORPORATION OR ORGANIZATION ACCOUNTS This type of account may be opened by any properly authorized corporation or organization. The corporate officer or officers of the organization must execute a resolution authorizing the opening of the account. We will need to have a copy of this resolution on file with the Signature Card for the account. Withdrawals will be permitted only on the signatures of those authorized specifically on the Signature Card. PARTNERSHIP OR JOINT VENTURE ACCOUNTS When you open this type of account, you agree that it will be opened by all of the general partners. The partners are the owners of the account but may designate others to make withdrawals from the account. Withdrawals will be permitted only on the signatures of those authorized specifically on the Signature Card. SOLE PROPRIETORSHIP ACCOUNTS With this type of account, the proprietor of an unincorporated business is the owner of the account, but may designate others to make withdrawals from the account. Withdrawals will be permitted only on the signatures of those authorized specifically on the Signature Card. FICTITIOUS BUSINESS NAME ACCOUNTS If the name in which the account is held is fictitious, each accountholder represents that one or more of the accountholders has the right to use that name and have fulfilled all legal requirements for using and/ or doing business under that name. eastriverbank.com 15

18 ELECTRONIC FUNDS TRANSFER DISCLOSURE CONSUMER ACCOUNTS Regulation E Disclosure Statement As a CONSUMER who uses electronic funds transfer (EFT) services, which include ATM and Visa Debit Card, Telephone, Direct Deposit, Internet Banking and Mobile Banking, you have certain rights and responsibilities. These rights and responsibilities are defined by the Electronic Funds Transfer Act (15 U.S.C.1693, Et seq.) and Regulation E of the Federal Reserve Board. One requirement of this Act is that all financial institutions must make certain disclosures to all EFT users. DISCLOSURE OF TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS: Our services will allow you to ask that the recurring deposits which you designate, such as Direct Deposit of Wages, Social Security Benefits, Pension Payments, Dividend Payments and similar regular payments be deposited directly into your: Checking Account Money Market Account Passbook Savings Accounts Statement Savings Accounts In addition, it may be possible to arrange with some merchants, insurance companies, banks, credit unions, and other thrift institutions to have your recurring bills paid automatically (a debit from your account) from your: Checking Account Money Market Account Statement Savings Account There is no limitation on the dollar amount of any of the electronic funds transfers that you can make with us. There is no limitation on the frequency of the electronic funds transfers when they are deposits as listed above. If the electronic funds transfer is a withdrawal from your account as listed above, the frequency of transfers allowed are as follows: DISCLOSURE OF WHAT CONSTITUTES BUSINESS DAY OF INSTITUTION Our normal business days are Monday through Friday, excluding Federal Holidays. DISCLOSURE OF FEES APPLICABLE TO TRANSFERS Currently there are no fees applicable to making the electronic funds transfers we will handle for you. We reserve the right to impose fees at a future date. 16 East River Bank Neighborhood Banking. Wherever You Go.

19 ELECTRONIC FUNDS TRANSFERS INITIATED BY THIRD PARTIES You may authorize a third party to initiate electronic funds transfers between your account and the third party s account. These transfers to make or receive payments may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or another payments network, such as PayPal. Your authorization to the third party to make these transfers can occur in a number of ways. In some cases your authorization can occur when a merchant posts a sign informing you of their policy. In all cases, the transaction will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a pre-printed ticket. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or by some other method) to trusted third parties whom you have authorized to initiate these electronic transfers. Examples of these transfers include, but are not limited to: Electronic Check Conversions: You may provide your check to a merchant or service provider who will scan the check for the encoded bank and account information. The merchant or service provider will then use this information to convert the transaction into an electronic funds transfer. This may occur at the point of purchase or when you provide your check by other means such as by mail or drop box. Substitute Check: You may receive a Substitute Check as defined under the Check21 Act which became effective October If you receive a substitute check, it means that the original check was not processed through the payment system; only the image was forwarded through the system. The Substitute Check that you receive is a legal replacement for the original check and provides the check owner with the same rights as the original check. Electronic Returned Check Fee: Some merchants or service providers will initiate an electronic fund transfer to collect a fee in the event a check is returned for insufficient funds. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: We will disclose Information to third parties about your account or the transfers you make: where it is necessary for completing transfers to verify the existence and condition of your accounts for a third party, such as a creditbureau or merchant in accordance with your written permission in order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports on receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of eastriverbank.com 17

20 DISCLOSURE OF RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS If you have arranged to have direct deposit made to your account from the same persons or organization, or any transfers made from your account, at least once every 60 days, you may call us at the phone number listed at the end of this disclosure to verify that the transfer was made. Passbook Accounts: If a Direct Deposit or transfer was made to or from your passbook account, you can bring us your passbook and we will record any electronic transactions that were made to your account since the last time your book was presented. Statement Accounts: If Direct Deposit was made or if the electronic transfer was made to or from your statement account, the transactions will appear on your monthly statement. ATM/Visa Debit Card: You will receive a printed receipt for each ATM or purchase transaction when you make the transaction. You will receive a monthly statement showing the status of your account, transactions made during the past month, and any fees which we may apply for such services or transactions. DISCLOSURE OF RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS; PROCEDURE FOR DOING SO; AND FINANCIAL INSTITUTION S LIABILITY FOR FAILURE TO STOP PAYMENT Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call us at the phone number or write us at the address listed at the end of this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Notice of varying amounts: If these regular payments vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) Liability for failure to stop payment for preauthorized transfer: If you order us to stop one of these payments 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. 18 East River Bank Neighborhood Banking. Wherever You Go.

21 CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING If your statement or passbook shows transfers that you did not make, tell us at once. If you notify us within 2 business days after learning of the unauthorized transfers, your liability shall not exceed the lesser of $50 or the amount of unauthorized transfers that occur before you notify us. If you fail to notify us within 2 business days after learning of the loss or theft of the access device, your liability shall not exceed the lesser of $500 or the sum of: $50 or the amount of unauthorized transfers that occur within the 2 business days, whichever is less; and the amount of unauthorized transfers that occur after the close of 2 business days and before notice to the bank, provided the bank determines that these transfers would not have occurred if you had notified us within that 2-day period. You must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days after the statement was mailed or transmitted to you, or the transfer was recorded in your passbook. If you do not notify us within the 60 days, you may not get back any money lost if we can prove that we could have stopped the unauthorized transfers if you had told us in time. If the delay in reporting the unauthorized transfers was due to extenuating circumstances (such as a long trip or a hospital stay), we shall extend the times specified above by a reasonable period. You agree to cooperate with us in the investigation of any claim or dispute and provide us with the information and documentation as may be necessary in order to assist us in resolving your claim or dispute. TELEPHONE NUMBER AND ADDRESS TO NOTIFY FOR UNAUTHORIZED TRANSFERS If you believe that someone has transferred or may transfer money from your account without your permission, call one of our Branch offices as soon as possible with any pertinent information that may help us in our Investigation. We ask that you notify us in writing of all unauthorized transfers within 14 days of the oral notification by sending a letter to the Deposit Operations Department, East River Bank, 4341 Ridge Avenue, Philadelphia, PA eastriverbank.com 19

22 DISCLOSURE OF INSTITUTION S LIABILITY FOR FAILURE TO MAKE TRANSFERS 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. However, there are some exceptions. For instance, we will not be liable: if there are insufficient funds in your account to complete the transaction through no fault of ours if the funds in your account are unavailable if the funds in your account are subject to legal process or other encumbrance restricting the use of the funds if the transaction you request would exceed the funds in your account plus any available overdraft credit if we have reason to believe that the transaction requested was unauthorized; if we have limited or refused to complete the transaction for security reasons if the ATM has insufficient cash to complete the transaction if your card has been reported lost or stolen and you are using the reported card if the failure is due to an equipment breakdown which you knew about when you started the transaction at the ATM or Merchant terminal if you attempt to complete a transaction at an ATM or Merchant terminal which is not a permissible transaction listed above if the transaction would exceed security limitations on the use of your ATM/Visa Debit Card if the information provided by you about a payee on the Bill Payment System is incorrect if there are any delays in handling the payment by the payee if the failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS Call one of our Branch Offices or write us at 4341 Ridge Avenue, Philadelphia, PA 19129, if you think your statement, receipt or passbook is wrong or if you need more information about a transfer listed on the statement, receipt or passbook. If the problem or error is with a statement account, we must hear from you no later than 60 days after you receive mail or transmission of the FIRST statement on which the problem or error appeared. If the problem or error is with a Passbook account, we must hear from you no later than 60 days after we record the transaction in your passbook. Tell us your name and account number. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error. 20 East River Bank Neighborhood Banking. Wherever You Go.

23 If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days or you will not receive provisional credit for the error. We will continue our investigation. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. However, we may need more time. Under certain conditions we may take up to 45 days to investigate your complaint or question. If you believe that the error was the result of a foreign initiated transfer or point of sale transaction, or if you have not been an account holder with us for more than 30 days, we may take up to 90 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, unless you have not been an accountholder for at least 30 days, in which case we will credit your account within 20 business days for the amount that 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 question in writing and we do not receive it within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. TELEPHONE BANKING AGREEMENT This Agreement covers the use of East River Bank Telephone Banking with the accounts and services described in this agreement. By using our Telephone Banking, you agree to the terms of this Agreement. Joint accountholders and other persons that are authorized to use the PIN and Personal Security Code and our Telephone Banking are also bound by the terms and conditions contained in this agreement. EAST RIVER BANK TELEPHONE BANKING SERVICE Our Telephone Banking Disclosure Statement, which is required by Federal Law; contains additional terms that are part of this disclosure. If there are any inconsistencies between the Disclosure Statement and other notices, this disclosure statement will govern. All accounts that are specified to be transferred between must have like account ownership and identical lead tax identification numbers. Transfers are online and will post as soon as they are completed. Telephone Transfers are governed by Federal Regulation D and excess transactions may result in a fee. TELEPHONE BANKING You may use your Personal Identification Number ( PIN ) in our 24-Hour Telephone Banking Program to access your accounts. You may also transfer funds between accounts with identical lead social security numbers as follows: a. All Checking, Savings, Money Market and Certificate products can be accessed in the Telephone Banking System for inquiry purposes. Checking, Savings and Money Market Accounts are available for transfers and loan payments. Loans are available for inquiries and payments received. b. Obtain the available and current balance(s) from your Checking, Savings and Certificates of Deposit or Commercial Loans c. Obtain the principal balance and certain payment information, including interest, from your Mortgage and Home Equity Loans d. Obtain information regarding the posting to your account of a check or a number of checks that you have written. You may also obtain information about other transactions normally appearing on your account statement, including deposits, withdrawals and interest earned. e. Obtain information regarding the account balance, interest earned, interest rate and maturity date on Certificates of Deposit eastriverbank.com 21

24 LIMITATIONS ON THE USE OF EAST RIVER BANK S TELEPHONE BANKING SERVICE You will be denied the use of our Telephone Banking Service if you do not enter the correct four digits of your PIN number. Your transaction requests will be denied if you do not have adequate funds in your account. ACCOUNT TRANSFER LIMITATIONS You may only transfer funds out of your Money Market Account and Savings account(s) up to six (6) times per calendar month using any combination of electronic services: Telephone, Bill Payment, Debit Card, Telephone or Phone Banking transactions and Internet banking transactions. You are not limited in the number of transfers that you may make into your Money Market, or Statement Accounts. Bill payment transfers may only be transferred from a checking account. These transfer Iimitations are imposed to comply with Federal Law. ACCOUNTS, SERVICES AND FEES You authorize us to debit or credit your account(s) in accordance with the transactions conducted using the East River Bank Telephone Banking. ACCOUNT RULES AND REGULATIONS You agree that the uses of the East River Bank Telephone Banking described in this Agreement are subjected to the rules and regulations of each account which is accessed by such services. USE OF THE PIN AND PERSONAL SECURITY CODE Our Telephone Banking Service is an automated service that can perform many of the same tasks as a teller. The PIN number used to access our Telephone Banking Service and Personal Security Code acts as your signature. This PIN or Personal Security Code identifies the user of the number to our Telephone Banking Service and validates the directions given just as your actual signature and other proof of identify identifies you and validates your directions to us. Your PIN number and Personal Security Codes are identification codes that are personal and confidential. The use of the PIN number and Personal Security Code are security methods by which we are helping you to maintain the security of your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAU- TIONS THAT NO ONE ELSE LEARNS YOUR PIN NUMBER OR PERSONAL SECURITY CODE. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING If your statement or passbook shows transfers that you did not make, tell us at once. If you notify us within 2 business days after learning of the unauthorized transfers, your liability shall not exceed the lesser of $50 or the amount of unauthorized transfers that occur before you notify us. If you fail to notify us within 2 business days after learning of the loss or theft of the access device, your liability shall not exceed the lesser of $500 or the sum of: $50 or the amount of unauthorized transfers that occur within the 2 business days, whichever is less; and The amount of unauthorized transfers that occur after the close of 2 business days and before notice to the bank, provided the bank determines that these transfers would not have occurred if you had notified us within that 2-day period. You must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days after the statement was mailed to you, or the transfer was recorded in your passbook. If you do not notify us within the 60 days, you may not get back any money lost if we can prove that we could have stopped the unauthorized transfers if you had told us in time. 22 East River Bank Neighborhood Banking. Wherever You Go.

25 If the delay in reporting the unauthorized transfers was due to extenuating circumstances, (such as a long trip or a hospital stay) we shall extend the times specified above by a reasonable period. You agree to cooperate with us in the investigation of any claim or dispute and to provide us with the information and documentation as may be necessary in order to assist us in resolving your claim or dispute. TELEPHONE NUMBER AND ADDRESS TO NOTIFY FOR UNAUTHORIZED TRANSFERS If you believe that someone has transferred or may transfer money from your account without your permission, call one of our Branch Offices as soon as possible with any pertinent Information that may help us in our investigation. We ask that you notify us in writing of all unauthorized transfers within 14 days of the oral notification by sending a letter to the Deposit Operations Department, East River Bank, 4341 Ridge Avenue, Philadelphia, PA YOU AGREE THAT IF YOU GIVE YOUR SECURITY CODE TO ANOTHER PERSON OR PERSONS TO USE, YOU ARE AUTHORIZING THAT PERSON OR PERSONS TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY AND ALL TRANSFERS AND TRANSACTIONS PERFORMED BY THEM. SUCH AUTHORIZATION CANNOT BE RESCINDED UNLESS YOU CONTACT THE BANK TO CHANGE YOUR SE- CURITY CODE. AMENDMENT OF THIS AGREEMENT We may change the terms of this agreement at any time, including changes to services. We will notify you of the change as required by law. Your use of the East River Bank s Telephone Banking Service or any additional service(s) after the effective date of this change will constitute your acceptance to this agreement to the change. We have the right to revoke or to refuse access to or terminate this Telephone Banking Service at any time, without cause or notice. Your privileges may also be revoked if any of the accounts that are used become overdrawn. eastriverbank.com 23

26 ATM/VISA SERVICES You may use your EAST RIVER BANK ATM CARD or VISA DEBIT CARD with your Personal Identification Number (PIN) at Automated Teller Machines (ATMS) within the Allpoint Network, STAR Network, VISA Network and PLUS System located throughout the United States and internationally where available. ATMs may be located by utilizing the Visa Plus website at East River Bank ATM or VISA DEBIT Cards may be linked to your Checking Account, Statement Savings Account, or Money Market Account (limit of three checking and three savings per card). All VISA Debit Cards must have a checking account as the primary account for purchase ability. Transaction limitations may apply. Please refer to the Truth in Savings disclosure provided to you at the time of account opening. WITH AN EAST RIVER BANK ATM OR VISA DEBIT CARD, YOU MAY: Withdraw cash either nationally or internationally Transfer funds between linked accounts either nationally or internationally Obtain the available balance from linked accounts either nationally or internationally Deposit cash, checks or drafts at any East River Bank ATM that accepts deposits Some ATMs may only provide access to the account you have designated as your primary transaction (checking) account. Other services may be provided in the future as they are developed. The above transactions are only applicable to the accounts which you list on your CARD application form and have designated as the primary account of each account type, or such other primary accounts which are added later at your written request. 24 East River Bank Neighborhood Banking. Wherever You Go.

27 OTHER ATM NETWORK ACCESS From time to time, we may make arrangements with other ATM networks. We shall inform you when such arrangements are made and describe the services which are made available to you and the changes therefore at that time. PURCHASE TRANSACTIONS You may use your VISA DEBIT Card with your PIN or Signature (VISA Debit Cards only) at any retail establishment ( Merchant ) nationally or internationally where CARDS are accepted to purchase goods and services and/or obtain cash where permitted by the merchant ( Purchase ). The amount of such Purchases (including any cash obtained if permitted) will be deducted from your Primary Checking. When you make a Purchase using the VISA DEBIT CARD, you will be requesting us to withdraw funds from your selected Primary Checking in the amount of the Purchase and directing or ordering us to pay these funds to such Merchant. Any Purchase refund made by a Merchant will be posted to your Primary Checking. LIMITATIONS ON THE USE OF YOUR CARD You may use your VISA DEBIT CARD to withdraw up to $ each day, and you may purchase up to $1,000 worth of goods and services each day where the card is accepted, provided the funds are available in your account. You may use your ATM Card to withdraw up to $ each day. Purchases (PIN or Signature) are not available on ATM Cards. The daily limits start at 3:00pm each day and ends at 3:00pm the following day. There are also certain limitations on the frequency of use of the CARD each business day. These limitations are imposed and not revealed for security purposes. You will be denied the use of the CARD if you: Exceed the daily withdrawal or purchase limit Do not have adequate funds available in your account Do not enter the correct PIN Exceed the frequency of usage limitation The receipt provided by the ATM will notify you of the denial. There is a limit on such denials permitted. Attempts to exceed the limit may result in machine retention of your CARD at an ATM. The number of attempts that result in the machine retention of your CARD is not revealed for security purposes. eastriverbank.com 25

28 ATM AND VISA DEBIT CARDHOLDER AGREEMENT PERSONAL CARDS East River Bank reserves the right to restrict the issuance of ATM CARD or VISA DEBIT CARDS for 30 days after an account is established. After 30 days, the bank will review the account history to determine whether a card will be issued. When we issue you an East River Bank ATM CARD or VISA DEBIT CARD you agree to the following terms and conditions. ACCOUNTS AND USES OF CARD You have the account(s) including such transaction checking and savings account(s) with us set forth on the application form. You request that we issue to you one or more ATM or VISA DEBIT Cards to be used in connection with such accounts described in this Agreement. You understand you may use the ATM or VISA DEBIT CARD at any ATM to withdraw cash, effect transfers to or from our accounts and receive information regarding the available balances in your account(s). You understand you may use the ATM or VISA DEBIT CARD at any participating East River Bank ATM to make or arrange deposits. You further understand that you may use the VISA DEBIT CARD at any retail establishment ( Merchant ) where the card is accepted to purchase goods and services and/or obtain cash where permitted by the Merchant ( Purchase ). If you use your VISA DEBIT CARD to make a purchase, you shall be requesting us to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from your primary account designated on your application form and directing or ordering us to pay such funds to the Merchant. You request that we provide to you such other services or access to other ATM systems or networks using the ATM or VISA DEBIT CARD which we make available and which we advise you are offered in connection with your account(s) set forth on your application form. You also understand that from time to time you may request in writing that we provide access to additional accounts of yours through the ATM or VISA DEBIT CARD we have issued you. You agree that the uses of the ATM or VISA DEBIT CARD described in the Agreement shall be subject to the rules and regulations of each account which is accessed by such card. East River Bank does not allow overdrafts by way of an ATM or VISA Debit Card. Any transaction which would result in an overdraft will be rejected at the electronic terminal. In the event a pre-authorized debit causes a negative balance in the account, the bank will post the transaction to rectify the situation without charging an insufficient funds fee. EAST RIVER BANK WILL CLOSE ANY ATM OR VISA DEBIT CARDS ISSUED AGAINST A DORMANT OR INACTIVE ACCOUNT, OR THAT HAS NOT HAD ANY CARD USAGE FOR ONE YEAR FROM ISSUANCE, OR THAT REMAINS IN AN ISSUED STATUS FOR MORE THAN 60 DAYS AFTER THE APPLICATION OR REISSUE DATE. 26 East River Bank Neighborhood Banking. Wherever You Go.

29 USE OF PERSONAL IDENTIFICATION NUMBER (PIN) You understand that an ATM is an automated teller. It can and will perform many of the same tasks as a human teller. You acknowledge that the Personal Identification Number or PIN which you use with the CARD is your signature, identifies the bearer of the ATM or VISA DEBIT CARD to the ATM or other Network ATM and authenticates and validates the identification given just as your actual signature and other proof of identity you provide to a human teller. You also understand that a Merchant which accepts the CARD for a purchase transaction may have an electronic terminal (Merchant operated or self service) which requires the use of your PIN, and when your PIN is used at a Merchant s terminal, it will authenticate and validate the directions given just as your actual signature will authenticate and validate the directions given to us. You acknowledge that your PIN is an identification code that is personal and confidential and the use of the PIN with the ATM or VISA DEBIT CARD is a security method by which we are helping you maintain the security in your account(s). Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS TO ENSURE THAT NO ONE ELSE LEARNS YOUR PIN. YOU AGREE THAT IF YOU GIVE YOUR ATM OR VISA DEBIT CARD(S) AND PIN TO ANOTHER PERONS OR PERSONS TO USE, YOU ARE AUTHORIZING THAT PERSON OR PERSONS TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE CARD(S) BY THEM. THIS AUTHORIZATION CAN ONLY BE RESCINDED BY CANCELLING THE CARD(S) AND PIN. CONSUMER LIABILITY FOR UNAUTHORIZED ATM OR VISA DEBIT TRANSACTIONS AND ADVISABILITY OF PROMPT REPORTING You agree to contact us at once if you believe the ATM or VISA DEBIT CARD (s) issued to you or your PIN has been lost or stolen or money is missing from your account(s). If you notify us within 2 business days after learning of the unauthorized transactions, your liability shall not exceed the lesser of $50.00 or the amount of the unauthorized withdrawals that occur before you notify us. If you fail to notify us within 2 business days after learning of the loss or theft of the access device, your liability shall not exceed the less of $ or the sum of: $50 or the amount of unauthorized transfers that occur within the 2 business day, whichever is less; and The amount of unauthorized transfers that occur after the close of 2 business days and before notice to the bank provided the bank determines that these transfer would not have occurred if you had notified us within that 2 day period. You must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days after the statement was mailed to you. If you do not notify us within the 60 days, you may not get back any money lost if we can prove that we could have stopped the unauthorized transfers if you had told us in time. If the delay in reporting the unauthorized transfers was due to extenuating circumstances (such as a long trip or a hospital stay) we shall extend the times specified above by a reasonable period. You agree to cooperate with us in the investigation of any claim or dispute and provide us with the information and documentation as may be necessary in order to assist us in resolving your claim or dispute. eastriverbank.com 27

30 TELEPHONE NUMBER AND ADDRESS TO NOTIFY FOR UNAUTHORIZED TRANSFERS If you believe that someone has transferred or may transfer money from your Account without your permission, call one of our Branch Offices as soon as possible with any pertinent information that may help us in our investigation. We ask that you notify us in writing of all unauthorized transfers within 14 days of the oral notification sending a letter to the: Deposit Operations Department East River Bank 4341 Ridge Avenue Philadelphia, PA East River Bank Neighborhood Banking. Wherever You Go.

31 HOW TO CONTACT FISERV If you believe your ATM or VISA DEBIT CARD or PIN has been lost or stolen or that an unauthorized transfer or purchase from your accounts has occurred or might occur after banking hours, you agree to contact Fiserv immediately to status your card at the following number: Fiserv will contact East River Bank so we can investigate and later confirm that information in writing. If you believe your ATM or ViSA Debit card or PIN has been lost or stolen or that an unauthorized transfer or purchase from your account has occurred or might occur, you agree to contact FIServ immediately to status your card by accessing our Telephone Banking System at , Option 0, and select one of the following: To speak to someone to dispute a Fraud or Non-Fraud Relate Charges - Press 1 To speak to someone regarding all other Card Related issues - Press 2 DEPOSITS You agree that when you make a deposit at our ATM, we have the right to verify the deposit before we make the money available to you. If you deliver cash, checks or other items to our ATM, you understand and acknowledge that the funds from your deposit may not be available for immediate withdrawal and that the availability of your deposit shall depend on our rules and regulations regarding the particular account in which you are making a deposit, the items that you are depositing and whether the deposit is made at an ATM that may accept deposits. LIABILITY If an ATM or VISA DEBIT CARD is issued for a joint account, you agree to be jointly and severally liable under the terms of this Agreement and the Agreement for such account. You agree that if you make deposits to your account(s) with items other than cash (checks, drafts or other items) and we make funds available to you from such deposits prior to their collection, that we may deduct the amounts of such funds from your account(s) which are not collected or, if the funds from your account(s) are insufficient at such time, you will promptly pay us any amount of such funds which are not collected. AMENDMENT OF THIS AGREEMENT You agree that from time to time we may amend or change the terms of this Agreement including amendments or changes to add further ATM or VISA DEBIT CARD services or to amend or change the fees of these services. We may do so by notifying you in writing of such amendments or changes and your use of the ATM or VISA DEBIT CARD after the effective date of any such amendment or change shall constitute your acceptance of the agreement of such amendment or change. OWNERSHIP You agree that the ATM or VISA DEBIT CARD is our property and you will surrender it to us upon request. You agree that the ATM or VISA DEBIT CARD is non-transferable. eastriverbank.com 29

32 INTERNET BANKING AGREEMENT AND DISCLOSURE This agreement and Disclosure sets forth your and our rights and responsibilities concerning the use of our Internet Banking Product. In this agreement, the words you and your mean those who sign as applicants or any authorized user(s). The words we, us and our mean East River Bank. By using Internet Banking, you agree to all of the terms in this agreement. INTERNET BANKING FEATURES You may access your account information by using a specific Internet User ID and password assigned to you. At the present time, you may use the system for: General Internet Banking Perform account inquires on checking, savings, certificate of deposit and loan accounts Obtain statement transaction detail on your accounts Transfer funds between your deposit and/or loan accounts Initiate instructions for placing stop payment on your checking account Submit a check re-order request Send secured messages to Bank personnel View Check Images Utilize Bill Payment Initiate Mobile Banking Access E-Statements Online Account Opening Interbank Transfers and POP (Person to Person) Transfers Mobile Remote Deposit (consumer only) Cash Management ACH Origination (requires approval) Wire Transfers Fees and Charges We do not charge for General Internet Banking features Normal check fees will be assessed when check orders are processed LIMITATIONS ON FREQUENCY AND AMOUNT You can get our Bill Payment Service by requesting the ability to transfer funds to one (1) or more payee(s). Bill Payment Service will allow you to make payments from your pre-selected checking account to any payee that we have listed for your Bill Payment account number. Maximum daily and per transaction limit for Bill Payment is $9, You agree that any payment that you make will be charged to the checking account designated for Bill Payment system. Payments will be deducted from your account on the day you have requested. You must allow 3 to 5 business days prior to the due date for electronic transfer payments and 7 to 10 business days prior to the due date for payments being sent in the mail. Although payments will be disbursed promptly, we cannot and do not guarantee prompt receipt of payments and/or credit advances sent through the mail. You agree that we have no responsibility or liability for any damages, expenses, fees or liabilities that you may incur as a result of any failure or delay on the part of the Postal Service in delivering any payment or on the part of any payee in crediting any payment. You agree that we have no responsibility or liability for any act or omission beyond that which is imposed on us by law. 30 East River Bank Neighborhood Banking. Wherever You Go.

33 USER ID AND PASSWORD The User ID and password issued to you is for your security purposes. Your password is confidential and should not be disclosed to third parties. You are responsible for safekeeping your password. You may change your password at any time by clicking on My Profile. You should carefully select a password that is hard to guess. (We suggest that you stay away from names, dates, and information that can be guessed easily.) You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. Please refer to the Customer Awareness Program information on our website for more security information. In order to ensure the security for your records, we will end your Internet session if we have detected no activity in 10 minutes. This is to protect you in case you accidentally leave your computer unattended while you are logged on. When you return to your computer, simply re- enter your user ID and password and continue your session. NO SIGNATURE REQUIRED When any payment or other Internet service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you. CUT-OFF TIMES The following cut-off times pertain to specific Internet Banking features. Transactions received after the cut-off time will be posted the following business day: INTERBANK FUNDS TRANSFERS...3:00 PM WIRE TRANSFERS...3:00 PM INTERNATIONAL WIRE TRANSFERS...2:00 PM BILL PAYMENTS...2:00 PM STOP PAYMENTS...3:00 PM To ensure that payment is properly credited to your account prior to the payment due date, please allow at least five (5) business days from the date payment is submitted for your payment to reach your merchant or vendor. VIRUS PROTECTION East River Bank is not responsible for any electronic virus or viruses that you may encounter, whether on your PC or mobile device. We encourage our customers to routinely scan their electronic devices using a reliable anti-virus product to detect and remove any viruses. Undetected or unprepared viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other devices. Please refer to the Customer Awareness Program information on our website for more security information NOTICES All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. We reserve the right to change terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations. eastriverbank.com 31

34 ENFORCEMENT In the event either party brings a legal action to enforce this agreement or collects amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorneys fees and costs, including fees on any appeal, subject to any limits under applicable law. TERMINATION You agree that we may terminate this agreement if: You or any authorized user of your password breach this or any other agreement with us. We have reason to believe that there has been unauthorized use of your account or password. We notify you or any other party to your account that we have cancelled or will cancel this Agreement. You or any other party to your account can terminate this Agreement by notifying us In writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination. DISCLOSURE You hereby acknowledge the receipt of the disclosure (and addendum, if applicable) statement informing you of your rights under the Electronic Funds Transfer Act and a copy of this Agreement. 32 East River Bank Neighborhood Banking. Wherever You Go.

35 EAST RIVER BANK ONLINE BANKING AND BILL PAYMENT SERVICES AGREEMENT I. TERMS AND CONDITIONS The first time you access your Electronic Banking account through East River Bank Online Banking you agree to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this disclosure. A. YOUR ONLINE PASSWORD You will be given an Online Password that will give you access to your Electronic Banking accounts for East River Bank Online Banking access. This password can be changed within East River Bank Online Banking using the My Settings tab. We recommend that you change your password regularly. East River Bank will act on instructions received under your password. For security purposes, it is recommended that you memorize this Online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. B. PAYMENT ACCOUNT Although there are no fees for accessing your accounts through East River Bank Online Banking, you may be asked to designate a payment account for selected services such as Bill Pay. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees. If you close the payment account, you must notify East River Bank and identify a new payment account for the selected services. Additionally, if you close all Electronic Banking accounts, you must notify East River Bank Customer Service to cancel the East River Bank Online Banking services. Your Online access may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, East River Bank Online Banking services may be reinstated, once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Electronic Banking Customer Service at If you do not access your Electronic Banking accounts through East River Bank Online Banking for any (6) six month period, East River Bank reserves the right to disconnect your service without notice. Please note that your bill payment information will be lost if you are disconnected. You agree to be responsible for any telephone charges incurred by accessing your Electronic Banking accounts through East River Bank Online Banking. If you wish to cancel any of the East River Bank Online Banking services offered through East River Bank Online Banking, please contact East River Bank Customer Service at or send us cancellation instructions in writing to East River Bank Attn: Deposit Operations, 4341 Ridge Ave, Philadelphia, PA C. OUR LIABILITY Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Electronic Banking, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Explorer browser), eastriverbank.com 33

36 OR by Internet access providers OR by Online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Financial Services, or Internet browser or access software. D. OVERDRAFTS: ORDER OF PAYMENTS, TRANSFERS, OTHER WITHDRAWALS If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre-authorized transactions, East River Bank Online Banking transfers and bill payments, etc.) that you have requested for a given business day, then: 1. Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and 2. The electronic funds transfers initiated through East River Bank Online Banking may result in an overdraft of your account and may, at East River Bank s discretion, be canceled. In addition, you will be charged the same overdraft fees that apply to your account. E. HOURS OF ACCESSIBILITY You can access your Electronic Banking accounts through East River Bank Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of East River Bank Online Banking may not be available due to system maintenance. You will be notified Online when this occurs. Our business days are Monday through Friday. Saturday, Sunday and Federal holidays are not included as a business day. F. ADDITIONAL TERMS AND CONDITIONS Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts. Current balance and activity information is available as of the close of the previous business day. Transferring Funds - The number of transfers from a savings account is limited as described in the applicable Deposit Agreement and Disclosure. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. II. BILL PAY SERVICE A. USING THE SERVICE The East River Bank Online Banking Payment Service allows you to schedule bill payments through East River Bank Online Banking. You can schedule, at your option, for the payment of your current, future and recurring bills from any of your Electronic Banking checking accounts. There is no limit to the number of payments that may be authorized. You may pay any merchant or individual through the use of East River Bank Online Banking. We are unable to process any payment of taxes or court-directed payments through East River Bank Online Banking Payment Services. By furnishing us with the names of payees/merchants, you authorize us to follow the payment instructions to these payee/merchants that you provide us through East River Bank Online Banking. When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your 34 East River Bank Neighborhood Banking. Wherever You Go.

37 behalf from the funds in your selected checking account. When East River Bank Online Banking receives a payment instruction, you authorize it to charge your checking account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. While it is anticipated that most transactions will be completed on the exact day designated, it is understood that due to circumstances beyond the control of East River Bank Online Banking, particularly delays in handling and posting payments slow-responding companies or financial institutions, some transactions may take a day or even a few days longer. For this reason, it is recommended that all payment transfers be scheduled to at least (7) seven business days before the actual due date, not the late date. If you properly follow the procedures described herein, and East River Bank Online Banking fails to deliver a payment on the scheduled payment date, East River Bank Online Banking will bear the responsibility for late fees ($50.00 maximum). In any other event, including, but not limited to, choosing a payment date less than (7) seven days prior to the actual due date, the risk of incurring and the responsibility for paying any and all fees or penalties shall be borne by you. East River Bank Online Banking will use its best efforts to process all your payments properly. However, East River Bank Online Banking shall incur no liability if it is unable to complete any payments initiated by you through East River Bank Online Banking payment services because of the existence of any one or more of the following circumstances: 1. Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft protection account. 2. The East River Bank Online Banking processing center is not working properly and you know or have been advised by the service about the malfunction before you execute the transaction. 3. You have not provided East River Bank Online Banking with the correct names or account information for those persons or entities to whomever you wish to direct payment. 4. Circumstances beyond the East River Bank Online Banking s control such as, but not limited to, fire, flood, or interference from an outside force that would prevent the proper execution of the transaction, East River Bank Online Banking has taken reasonable precautions to avoid those circumstances. You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 3 PM (Pacific Time), on the Payment Date, by using the DELETE function on the East River Bank Online Banking Pending Payment screen. East River Bank reserves the right to terminate your use of East River Bank Online Banking bill payment service in whole or part, at any time without prior notice. If, for any reason, you should ever wish to cancel East River Bank Online Banking bill payment services, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service, either by deleting those payments yourself using East River Bank Online Banking or calling East River Bank s Customer Service at This will ensure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated. We will continue to maintain your accounts until you notify us otherwise. eastriverbank.com 35

38 B. BILL PAY FEES East River Bank does not charge a fee for Online Banking payment services. This service covers unlimited bill payments to anyone you wish to pay in the U.S. III. GENERAL TERMS A. CHANGES TO CHARGES, FEES OR OTHER TERMS We reserve the right to change the charges, fees or other terms described in this Agreement. However, when changes are made to any fees or charges, we will notify you Online, or send a notice to you at the address shown on our records, or send you an electronic mail message ( ). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Deposit Agreement and Disclosure. B. DISCLOSURE OF ACCOUNT INFORMATION You understand that in addition to information furnished pursuant to legal process, some information about your accounts may automatically be disclosed to others. For example, the tax laws require disclosure to the government of the amount of the interest you earn, and some transactions, such as certain large currency and foreign transactions, must be reported to the government. The Bank may also provide information about your account(s) to persons or companies the Bank believes would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, the Bank routinely informs a credit bureau when accounts are closed by the Bank because they were not handled properly. The Bank may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account. You authorize these transfers of information. C. QUESTIONS OR ERROR CORRECTION ON EAST RIVER BANK ONLINE BANKING TRANSACTIONS In case of questions or errors about East River Bank Online Banking funds transfers through East River Bank Online Banking involving your account, here is what you should do: Contact East River Bank by electronic mail ( ) [email protected] Fax East River Bank at Telephone East River Bank at Write East River Bank, Attn: Deposit Operations at 4341 Ridge Avenue, Philadelphia PA 19129, as soon as you can if you think your statement or transaction record is wrong, or if you need more information about a transaction listed on the statement or transaction record We must hear from you no later than sixty (60) days after we have sent the first paper statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint 36 East River Bank Neighborhood Banking. Wherever You Go.

39 or question in writing within ten (IO) business days. Tell us your name and account number Describe the error or the transaction you are unsure about, and explain why you believe it is in error or why you need more information. Tell us the dollar amount of the suspected error. For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question. Here s what we will do: We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, 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, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, 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 question in writing and we do not receive it within ten (10) business days, we will not credit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documents that we used in our investigation. If we do not complete a transfer to or from your Electronic Banking account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. 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 a transfer. If a legal order directs us to prohibit withdrawals from the account. If your account is closed or if it has been frozen. If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts. If you, or anyone you allow, commits any fraud or violates any law or regulation. If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment. If you have not properly followed the instructions for using East River Bank Online Banking. If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us. D. OTHER GENERAL TERMS Other Agreements - In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Deposit Agreement and Disclosure, the Bank s rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also. East River Bank Reserves the Right to terminate this Agreement - The Bank reserves the right to terminate eastriverbank.com 37

40 this Agreement and your access to East River Bank Online Banking, in whole or in part, at any time without prior notice. IV. PROTECTING YOUR ACCOUNT A. PREVENTING MISUSE OF YOUR ACCOUNT Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call East River Bank Customer Service at Protecting Personal Information - In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver s license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information. Taking Care of Your Online Password - The password that is used to gain access to East River Bank Online Banking should also be kept confidential. For your protection we recommend that you change your Online password regularly. It is recommended that you memorize this Online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your Online password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify East River Bank Customer Service at once at B. UNAUTHORIZED TRANSACTIONS IN YOUR ELECTRONIC BANKING ACCOUNTS Notify us immediately if you believe another person has improperly obtained your Online password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call East River Bank Customer Service at , or write East River Bank, Attn: Deposit Operations, 4341 Ridge Ave, Philadelphia PA If your Online password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Online password without your permission to access an Electronic Banking deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500. Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the paper statement was mailed to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended 38 East River Bank Neighborhood Banking. Wherever You Go.

41 MOBILE BANKING SERVICES AGREEMENT INTRODUCTION East River Bank endeavors to provide you with the highest quality Mobile Banking services available. By enrolling in Mobile Banking, you agree to all the terms and conditions contained in this Addendum to the East River Bank Access Agreement for Internet Banking (collectively, the Agreement ). The services that you may access through Mobile Banking Service may be the same account and service transactions available through the Internet Banking service. When you register for Mobile Banking Service, the designated accounts and bill payment payees linked to your account through Internet Banking may be accessible through the Mobile Banking Service We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by the Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law. DEFINITIONS As used in this Addendum and the Mobile Banking services, the following words have the meanings given below: Activated Account(s) means your eligible checking, savings, loan, certificate of deposit and other East River Bank products that can be accessed through Mobile Banking now or in the future that you have requested to be activated. Device means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details. Mobile Banking means the banking services accessible by the Device you have. You and Your(s), mean each person with authorized access to the Activated Account(s) who applies for and uses the Mobile Banking service. We, Us, and Bank means East River Bank. eastriverbank.com 39

42 MOBILE BANKING SERVICES Description of Mobile Banking. Mobile Banking is offered as a convenience and supplemental service to our Internet Banking services. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access eligible account information and receive account activity alerts. To utilize the Mobile Banking services, you must register your Device using the Internet enrollment application. Information about the Mobile Banking service is available on our website at eastriverbank.com or by calling From time to time, you should refer to any Mobile Banking FAQ s in effect. We reserve the right to limit the types and number of accounts eligible for activation and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Mobile Bank service at any time. Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, Mobile Banking may not be supportable by all Devices. You agree that we cannot guarantee and are not responsible for the availability of data services provided by your mobile carrier, such as data outages or out of range issues. Use of Mobile Banking. In order to properly use Mobile Banking, you should review and follow the instructions provided. You agree to accept responsibility for learning how to use Mobile Banking in accordance with these instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device. You agree that we will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Device. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging fees imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any Activated Account including each deposit account, loan or other banking product accessed through Mobile Banking is also subject to the account agreements and disclosures provided by the Bank at the time of the account opening. You should review the account agreements and disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking. YOUR RESPONSIBILITIES You represent and agree to the following by enrolling and using Mobile Banking: Authorization, Account Ownership and Accurate Information. You represent that you are authorized, or are authorized by the legal owner of the Activated Accounts and other financial information which may 40 East River Bank Neighborhood Banking. Wherever You Go.

43 be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or any Activated Account information. You agree to keep the Activated Account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking. We are entitled to rely on your authorization unless we receive written notice of any revocation. User Security. You agree to take every precaution to ensure the safety, security and integrity of your Activated Account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to any Activated Accounts. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others. No Commercial Use or Re-Sale. You agree that Mobile Banking is only for the personal use of Bank customers authorized to access Activated Account information and perform transactions. You agree not to make any commercial use of Mobile Banking other than the services contemplated in the Agreement, or resell, lease, rent or distribute access to Mobile Banking. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless East River Bank, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking. eastriverbank.com 41

44 MOBILE REMOTE DEPOSIT SERVICES AGREEMENT This agreement sets forth the terms and conditions that apply to East River Bank s Mobile Deposit Service and your use of it. You accept and agree to be bound by these terms in order to use Mobile Deposit. Failure to comply with any of these terms may result in the suspension or termination of the Mobile Deposit Service. These terms and conditions may be amended, supplemented or changed at any time. Service. Mobile Deposit is designed to allow you to make deposits of checks ( original checks ) to your checking or saving accounts from your camera enabled mobile device capable of capturing check images by scanning the original checks and delivering the digital images and associated deposit information ( images ) to us or our processor with your Mobile Device. After you login to Mobile Banking, you may apply for Mobile Deposit. Eligibility Requirements. You must be at least 18 years of age and have a checking or savings account product with East River Bank. Your account must be open a minimum of 60 days to use this service. You may not have excessive insufficient fund checks in the past six months on any account, and all your accounts must be in good standing at the bank. You must have a valid address registered with the bank and the bank s online banking service. Acknowledgement. You understand that any actions taken pursuant to this agreement will be conducted by electronic means that complies with the operating and security procedures applicable to this service. You affirm that your acts described in this Agreement will be attributed to you and will constitute your duly authorized electronic signature. Limits. All items deposited via Mobile Deposit are subject to bank review and approval. We reserve the right to impose limits on amounts and number of items that you transmit and to modify such limits from time to time. Deposits to personal accounts are generally limited to $2,500 per day. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Daily limits are from 4pm ET to 4pm ET; Saturday, Sunday and Monday are considered to be one day. Eligible Items. You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand.) You agree that you will not use Mobile Deposit to deposit: Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you). Checks payable to you and another party who is not a joint owner on the account. Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn. Checks previously converted to a substitute check, as defined in Reg CC Checks drawn on a financial institution located outside of the U.S. Checks that are remotely created checks, as defined in Reg CC Checks not payable in U.S. currency 42 East River Bank Neighborhood Banking. Wherever You Go.

45 Checks dated more than 6 months prior to the date of deposit Checks or items prohibited by the Bank s current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your account with us. Checks payable on sight or payable through drafts, as defined in Reg CC Checks with any endorsement on the back other than that specified in this Agreement Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution. Requirements. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Endorsements must be made on the back of check within 1.5 inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature, account number and for mobile deposit only. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check. Receipt of Deposit. All images processed for deposit through Mobile Deposit will be treated as deposits under your current Account Agreement with us and will be subject to all terms of the Account Agreement. When we receive an image, we will confirm receipt via to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive. Following receipt, we may process the image by preparing a substitute check or clearing the item as an image. We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images. Original checks. After you receive confirmation that we have received an image, you must securely store the original check for 60 calendar days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 10 calendar days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it VOID and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid. Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional. eastriverbank.com 43

46 If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely. Your Warranties. You make the following warranties and representations with respect to each image: Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate. You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid. There are no other duplicate images of the original check. The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check. You are authorized to enforce and obtain payment of the original check. You have possession of the original check and no party will submit the original check for payment. With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our designated ATMs, Funds Availability. You agree that items transmitted via Mobile Deposit are not subject to the Funds Availability requirements of Reg CC. In general, for purposes of funds availability, Mobile Deposits are considered deposited at a branch or ATM of this financial institution. Mobile Deposits confirmed as received before close of business on a business day will be credited to your account within 24 hours. Deposits confirmed received after close of business, and deposits confirmed received on holidays or days that are not business days will be 44 East River Bank Neighborhood Banking. Wherever You Go.

47 credited to your account within 24 hours of the following business day. Funds will be available as described in our Funds Availability Disclosure. Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement. Limitations of Service. When using Mobile Deposit, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties any or resulting damages that you may incur. Mobile deposit has some qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, immediately and at any time without prior notice to you. Change in Terms. This Agreement is subject to change from time to time. We will notify you of any material change, including fees. We will provide the kind of notice required by law or regulation before the amendment becomes effective. This notification may be given via , text/statement message, regular mail, or as a notice on our website. Your continued use of Mobile Deposit will constitute your acceptance of the revised agreement. Further, the Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the service. Your continued use of Mobile Deposit will indicate your acceptance of any such changes to the service. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the service for any unauthorized or illegal purposes, or you use the service in a manner inconsistent with the terms of you Disclosure Booklet, related disclosures, or any other agreement with East River Bank. Fees and Charges. You agree to the normal deposit service fees established from time to time by the Bank and, in addition thereto, the fees and charges set forth in the Fee Schedule as provided from time to time hereafter to you, and all such other fees and charges that may be agreed upon from time to time by you and the Bank. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Digital Insight. and Ensenta Software, LLC, retain all eastriverbank.com 45

48 rights, title and interests in and to the Services, Software and Development made available to you. Accountholder s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement. You understand and agree that you are required to indemnify our technology partners, including but not limited to Digital Insight (Digital Insight) and Ensenta (Ensenta), and hold harmless Digital Insight, its affiliates, officers, employees and agents, as well as Ensenta, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User s use of the Services, Ensenta or Digital Insight Applications, unless such claim directly results from an action or omission made by Digital Insight or Ensenta in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TER- MINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. Financial Information. You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time. 46 East River Bank Neighborhood Banking. Wherever You Go. eastriverbank.com 46

49 REGULATION CC FUNDS AVAILABILITY POLICY DETERMINING THE AVAILABILITY OF A DEPOSIT The length of delay is counted in business days from the day of deposit. Every day is a business day except Saturdays, Sundays, and Federal Holidays. If a deposit is made at a staffed teller station during normal office hours on a day the bank is open, the bank will consider that day the day of deposit. If the deposit is made after normal office hours or on a day the bank is closed, the bank will consider that the deposit was made on the next business day the bank is open. YOUR ABILITY TO WITHDRAW FUNDS Same-Day Availability Funds from the following deposits are available on the business day of deposit: Cash Funds from electronic direct deposits Wire transfers On-Us items Next-Day Availability Our policy is to make funds from your check deposits available to you on the first business day after the day we receive your deposit if the deposit is made in person to one of our bank tellers and is payable to an account holder. Once they are available, you can withdraw the funds in cash and we will use the funds to pay items that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before 4pm Monday thru Thursday or 7pm Friday on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after these stated times or on a day we are not open, we will consider that the deposit was made on the next business day we are open. Longer Delays May Apply In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, may be available on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you orally and in writing at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available. In addition, 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 $5,000 on any one day. You redeposit a check that has been returned unpaid. eastriverbank.com 47

50 You have overdrawn your account repeatedly in the last six months. There is an emergency, such as failure of computer or communications 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 fifth business day after the day of your deposit. SPECIAL RULES FOR NEW ACCOUNTS If you are a new customer, the following special rules will apply during the first 30 days your account is open. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day s total deposits of official check (certified, teller s, traveler s), and federal, state, local government checks and postal money orders 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. The excess over $5,000 will be available on the fifth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the fifth business day after the day of your deposit. HOLDS ON OTHER FUNDS If we cash a check for you that is 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. If we accept for deposit a check that is 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 for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited. AUTOMATED TELLER MACHINE DEPOSITS Funds from any deposit (cash or checks) made at our automated teller machines (ATMs) will be available according to our normal check clearing policies. Deposits made before 3:00 P.M. will be considered deposited that day. Deposits made after 3:00 P.M. will be considered made on the next business day. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate. INTEREST ON DEPOSITS The bank will accrue interest on deposits to interest-bearing accounts on the day the bank receives the deposit. Deposits are considered received on the same day when received at a teller station, or proprietary ATM. They are considered deposited when they are removed from night depositories, lock boxes, and nonproprietary ATM s. When deposits are sent through the mail, they are considered deposited when received by the bank. 48 East River Bank Neighborhood Banking. Wherever You Go.

51 SUBSTITUTE CHECKS WHAT IS A SUBSTITUTE CHECK? To make check processing faster, federal law permits banks to replace original checks with substitute checks. These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: this is a legal copy of your check. You may use 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 the rights you have when you receive a substitute check from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you do have rights under other laws with respect to those transactions. WHAT ARE MY RIGHTS REGARDING SUBSTITUTE CHECKS? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew 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, insufficient funds 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 are also entitled to interest on the amount of your refund if your account is an interest bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws. If you use this procedure, you may receive up to $2, of your refund (plus interest if your account earns interest) within 10 business days after we received you claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. HOW DO I MAKE A CLAIM FOR A REFUND? If you believe that you have suffered loss relating to a substitute check that you received and that was posted to your account, please contact us at the following address: East River Bank 4341 Ridge Avenue Philadelphia, PA You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. eastriverbank.com 49

52 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 checks: the check number, the name of the person to whom you wrote the check, and the amount of the check. USA PATRIOT ACT IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying documents. 50 East River Bank Neighborhood Banking. Wherever You Go.

53 PRIVACY DISCLOSURE THIS NOTICE IS AVAILABLE ON THE BANK S WEBSITE: EASTRIVERBANK.NET FACTS WHAT DOES EAST RIVER BANK DO WITH YOUR PERSONAL INFORMATION? JUNE 2014 Why? What? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: n Social Security Number and income information n Account balances and payment history n Credit report history and credit scores When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers personal information; the reasons EAST RIVER BANK chooses to share; and whether you can limit this sharing. Reasons we can share your personal information For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes to offer our products and services to you Does EAST RIVER BANK share? YES NO Can you limit this sharing? NO WE DON T SHARE For joint marketing with other financial companies NO WE DON T SHARE For our affiliates everyday business purposes information about your transactions and experiences For our affiliates everyday business purposes information about your creditworthiness NO NO WE DON T SHARE WE DON T SHARE For our affiliates to market to you NO WE DON T SHARE For non-affiliates to market to you NO WE DON T SHARE Questions? Call or go to eastriverbank.com 51

54 Page 2 Who we are Who is providing this notice? this notice What we do How does EAST RIVER BANK protect my personal information? EAST RIVER BANK To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. Our physical, electronic and procedural safeguards comply with federal standards to guard your non-public personal information How does EAST RIVER BANK collect my personal information? We collect your personal information, for example, when you n open an account or deposit money n apply for a loan n pay your bills n use your debit card We also collect your personal information from others, such as credit bureaus and other companies. Why can t I limit all sharing? Definitions Affiliates Non-affiliates Joint marketing Federal law gives you the right to limit only n n n sharing for affiliates everyday business purposes information about your creditworthiness affiliates from using your information to market to you sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Companies related by common ownership or control. They can be financial and non-financial companies. n EAST RIVER BANK has no affiliates Companies not related by common ownership or control. They can be financial and non-financial companies. n EAST RIVER BANK does not share with non-affiliates so they can market to you A formal agreement between nonaffiliated financial companies that together market financial products or services to you. n EAST RIVER BANK doesn t jointly market Other important information 52 East River Bank Neighborhood Banking. Wherever You Go.

55 eastriverbank.net LOCATIONS: East Falls Branch 4341 Ridge Avenue Philadelphia, PA Roxborough Branch 6137 Ridge Avenue Philadelphia, PA Old City Branch 36 North 3rd Street Philadelphia, PA Neighborhood Banking. Wherever You Go.