Deposit Terms and Conditions

DEPOSIT TERMS AND CONDITIONS

GENERAL ACCOUNT TERMS

Definitions. Throughout these terms and conditions ("Terms"), these terms have the following meaning:

"You," "your," "account owner," and "party" refer to the customer named on the account.
"We," "our," and "us" refer to the Bank, Nicolet National Bank.
"Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a promise or order to pay money handled by a financial institution for collection or payment. The term includes a check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
"Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions, and signature-based debit card transactions.
"Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you. Credits are generally added to your account and are made available to you in accordance with our funds availability schedule.

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.

You understand that the following Terms and any other documents applicable to your account that are provided to you govern your Checking account with us. You understand that your account is also governed by applicable law. These Terms include the fees and charges applicable to the account, the interest rate(s) and applicable annual percentage yield (APY), compounding and crediting of interest, minimum balance requirements, and other pertinent information related to the account. These Terms may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements, or other provisions change in a manner that would adversely affect you, we will provide you with written notice prior to the change. You acknowledge and agree to these Terms governing your account with us and you accept these Terms by using any of your deposit account services.

Except for those changes that require 30 days’ notice (see above), we may change the terms of this Agreement or its exhibits at any time. In the event of any change, we may notify you by one or more of the following methods: (a) by sending the notice to you by paper or electronically at the most recent mailing address or e-mail address identified in our records and, if there is more than one owner for your account we may address the notice to any one of the account owners, (b) by posting a notice of the change or making the revised agreement available on our digital banking site at www.nicoletbank.com, (c) by including a message on or with your account statement, (d) by telling you about the change when you ask for an account related service. By continuing to use your account after the effective date of any change, you confirm your agreement to the change. If your account pays interest, the terms and conditions governing changes in interest rates are provided separately on the Truth-In-Savings disclosure or in another document.

Business Accounts. Business accounts are those established by any partnership, corporation, association or other entity operated on a for-profit basis; all corporations and associations operated on a not-for-profit-basis; and any individual who intends to use the account for carrying on a trade or business. We reserve the right to require separate written authorization, in a form acceptable to us, telling us who is authorized to act on your behalf. We are authorized to follow the directions of a person designated as having authority to act on the entity's behalf until we receive written notice that the authority has been terminated and have had a reasonable time to act upon that notice.

Sole Proprietorship.

Payable on Death Designation. As the sole proprietor (tax reporting owner), you may elect to designate payable on death beneficiaries to receive the account funds after your death. If you elect to designate payable on death (P.O.D.) beneficiaries, this permits the party to transfer the account upon the death of the party to named beneficiaries. The named party in a single-party account may withdraw all or some of the account during his or her lifetime. The party may change the named beneficiaries at any time by written direction in a form acceptable to us. If one beneficiary survives the party, then ownership passes to the named beneficiary. If two or more beneficiaries survive the party, then they will be entitled to equal shares of the account without a right of survivorship, unless otherwise indicated. If you elect not to designate Payable on Death beneficiaries, ownership passes upon your death as part of your estate under your will or by intestacy.

YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of account you have chosen. You acknowledge that it is your sole responsibility to determine whether the account type you have chosen is appropriate for your current or future needs. Except as required by applicable law, we assume no responsibility to inform you as to the legal effect(s) of your account choice.

Commercial Fiduciary Account. Fiduciary accounts are those established by a person, whether an individual or a non-individual, acting for the benefit of another person or persons, whether an individual, or a non-individual, or both. We have no obligation to act as trustee or to inquire into your powers or responsibilities over this account; however, we reserve the right to require documents and authorizations we believe are necessary or appropriate to satisfy us that the person(s) requesting or directing the transactions related to a fiduciary account have the authority to engage in such transactions. We will continue to honor the fiduciary authority presented until we receive written notice that the authority has been altered or terminated and we have had a reasonable time to act on that notice.

TRANSFERS AND ASSIGNMENTS. If you wish to change ownership of this account (by adding, deleting, or changing owners), we may require additional information from you before any such change is effective. Ownership of the account can only be transferred if we consent to the change in writing and we change our records to reflect the new ownership. Alternatively, we may require you to close the account and open a new account in the name of the new owners. This Agreement is binding on your personal representatives, executors, administrators, and successors, as well as our successors and assigns.

Additional Documents To Open Account. You agree to supply us with a copy of any chartering document, Operating Agreement, or related documents requested by us.

Escrow, Trust, Fiduciary and Custodial Accounts. When your account is set up as an escrow account, trust account, fiduciary account, or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature. We have no obligation to act as trustee or to inquire into your powers or responsibilities over this account. We reserve the right to require the documentation necessary under applicable law to establish, maintain, manage, and close this account. There may be additional terms and conditions that apply to this account that are governed by a separate agreement.

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

Stale or Postdated Checks. We reserve the right to pay or dishonor a check more than six (6) months old without prior notice to you. You agree not to postdate any check drawn on the account. If you do, and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.

Preauthorized Checks or Drafts. You should guard information about your account (such as your routing number and your account number) as carefully as you would guard blank checks. If you voluntarily give such information about your account to a party which is seeking to sell you goods or services, without physically delivering a check to that party, any debit to or withdrawal from your account it initiates will be deemed authorized by you.

Verifying Funds Availability For Check. You authorize us to release funds availability information about your account to individuals or merchants who represent to us that they have received a check from you.

Check Safekeeping. If you utilize a check safekeeping system or any other system offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or as required by law. Any request for a copy of a check may be subject to a fee indicated in the Fee Schedule included in these Terms or other disclosures and as allowed by law. If for any reason we cannot provide you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the actual damages sustained by you.

Your Responsibility For Back of Check. All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account must be placed on the left side of the check when looking at it from the front, and the endorsements must be placed so as not to go beyond an area located 1-½ inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement.

Electronic Checks and Electronically-Created Items. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes. See the Substitute Checks section for more information.
Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper form. For example, you set up automatic bill payments with us to pay your utility bill. From your account information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a substitute check since it never existed in paper form.

Substitute Checks. To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These substitute checks are similar in size to the original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. An electronic check can be used to create a substitute check since the electronic image and electronic information was derived from its paper form.

Remote Deposit Capture. Remote deposit capture ("RDC") allows you to make deposits to your account from remote locations by electronically transmitting digital images of your original paper checks, which are drawn on or payable through United States financial institutions in United States dollars to us. We may then use the digital image to create an electronic check or substitute check for collection. If you use our RDC services, if applicable, we may require you to endorse the back of the paper check to indicate that it has been remotely deposited. For example, "for mobile deposit only" or "for mobile deposit at Nicolet National Bank only."

Remotely Created Checks. A remotely created check, as defined in Regulation CC, means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. By having a deposit account with us, you certify that all remotely created checks deposited to your account(s) will be expressly and verifiably authorized by the payer. And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe that the check is fraudulent in any manner and to obtain from you the payer's express, verifiable authorization for any such check.

WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms of the Disclosures. Withdrawals may be subject to a service charge. Withdrawals from an account may only be made according to the procedures established by the Bank from time to time, and the Bank reserves the right to require not less than seven (7) days advance notice prior to permitting any withdrawal from any interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. The Bank also reserves the right to require up to six (6) days’ notice prior to withdrawal from a Demand Deposit Account. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty.

HEALTH SAVINGS ACCOUNTS. It is your responsibility to ensure that withdrawals or distributions from your health savings account (“HSA”) comply with the law. The Bank is not responsible for ensuring that any withdrawals or distributions from your HSA are for the proper purpose or comply with applicable law. These disclosures are intended to work in conjunction with the HSA Agreement provided to you, but, in the event of a conflict between these disclosures and the HSA Agreement, the HSA Agreement shall control. LOST OR STOLEN CHECK(S). In addition to the procedures set forth in the Electronic Fund Transfers Disclosure, if a check or negotiable item is lost, stolen, destroyed or misappropriated, you shall give notice to the Bank immediately. You may give oral notice to the Bank, however the Bank may require, any oral notice to be confirmed in writing and received by the Bank within fourteen (14) days. The Bank will not be responsible for any loss resulting from the presentation of lost, stolen or misappropriated instruments, unless the Bank has received prior notice and has had a reasonable time period to act upon such notice. The Bank may, in its sole discretion and without assuming any liability, permit continued use of your account or order your account closed. Notice shall be given to the Bank in writing at P.O. Box 23900, Green Bay, Wisconsin 54305-3900, or by telephone at 800-369-0226.
Before permitting use of your account or opening a new account, the Bank may, in its sole discretion, require a waiting period, proof by affidavit of the loss, theft, destruction or misappropriation, a bond of indemnity from a corporate surety (in a form satisfactory to the Bank) and your written Terms and Conditions to cooperate fully in an investigation of the circumstances surrounding such loss, theft, destruction or misappropriation and in the prosecution of any person(s) who misappropriated said instrument. LEGAL COMPLIANCE. By maintaining an account with the Bank, you agree to cooperate with the Bank in the preparation of any forms or reports which the Bank deems necessary or appropriate in compliance with the federal Bank Secrecy Act, Patriot Act, Bank Protection Act or similar federal, state and/or local laws and regulations, as amended from time to time, (collectively “Security Acts”), and you authorize the submission of such forms or reports to governmental agencies as may be required by the Security Acts. You agree to take no action which might frustrate or impede the recordkeeping or reporting obligations imposed upon the Bank by the Security Acts. INDEMNITY. If you ask the Bank to follow instructions that the Bank believes might expose the Bank to claims, suits, losses, expenses, liabilities or damages, whether directly or indirectly, the Bank may refuse to follow the instructions or the Bank may require a bond, an indemnification on a form acceptable to the Bank or such other protection as the Bank, in its sole discretion, deems necessary. PLEDGE OF ACCOUNTS. You may not pledge or grant a security interest or other lien in your account without the prior written consent of the Bank. In addition, you may not pledge or grant a security interest or other lien in your account if it is considered to be nontransferable by applicable law or regulation. Even if the pledging or granting of a security interest or other lien in your account is permitted by applicable law or regulation and the Bank has given its prior written consent, your account and the funds in it remain subject to the Bank’s right of setoff and security interest unless such right of setoff and security interest are specifically waived in writing by the Bank. LEAP YEAR. You acknowledge and agree that the Bank shall calculate interest on deposit accounts based upon the actual number of days in a calendar year. For non-leap years you agree that the Bank shall apply a daily rate of interest of 1/365th. For a leap year you agree that the Bank may apply a daily rate of interest of 1/366th during the leap year for all accounts earning interest that are open on or prior to February 29th. MASTER ACCOUNTS AND SUBACCOUNTS. For purposes of this section, a “checking account” is an account that does not have any limit on the number of checks or other items that can be submitted for payment against the account in a month. For checking accounts (including checking accounts that pay interest and those that do not), the Bank may establish on your behalf a master account and two subaccounts. All information the Bank provides to you about your account will be at the master account level. The subaccounts consist of a “transaction account” and a “non-transaction account.” “Transaction account” and “non-transaction account” refer to the way the Bank classifies these accounts in its records for purposes of federal regulations. On the first day of each month, the Bank will allocate funds between the two subaccounts as the Bank considers appropriate. When the Bank receives items for payment from your master account, the Bank will charge those items against the transaction subaccount. The Bank will then transfer funds from the non-transaction subaccount to the transaction subaccount as necessary to cover the items. On the sixth transfer from the non-transaction subaccount during a month, the Bank will transfer all remaining funds on deposit in the non-transaction subaccount to the transaction subaccount. If your checking account earns interest, the use of subaccounts will not affect the interest you earn. Nothing in this section requires the Bank to pay any item that exceeds your available balance.

Deposits. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account. Cash deposits are credited to your account according to these Terms. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account for the item and adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and expenses related to the collection of all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit accounts, are available in accordance with the Disclosures.

Unlawful Internet Gambling. Restricted transactions are prohibited from being processed through your account with us as required by the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG. A restricted transaction is a transaction or transmittal involving any credit, funds, instrument, or proceeds in connection with the participation of another person in unlawful Internet gambling. You will notify us if your business practices regarding Internet gambling change in the future.

Collection of Deposited Items. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearing house rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearing house.
If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

STATEMENTS. We will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 14 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law. Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or otherwise make the statement or items available to you, even if we failed to exercise ordinary care. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.

Electronic Statements and Notices. You may have the option to have statements and notices regarding this account provided to you in an electronic form, including to a designated e-mail address, through an online banking portal, or other electronic method, upon your authorization. The authorization may be withdrawn at any time to return to a mailed paper form by providing written notice to us at the address provided. The fees for receiving in either form, and for receiving paper copies, are described in these Terms or other account opening documents.

ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Wisconsin . If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

Provisional Payment. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

International ACH Transactions. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

Notice of Receipt. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.

Choice of Law. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of Wisconsin.

Direct Deposits. We may offer direct deposit services, including preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. If your account is overdrawn, you authorize us to deduct the amount of the overdraft from any deposit, including deposits of government payments or benefits. If we are required to reimburse the U.S. government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law.

STOP PAYMENTS.STOP PAYMENT ON CHECKS. You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on a check for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the authorized signers of the account regardless of who signed the check.
We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received the check.STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 1 year. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization).
The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law.You may be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request.

Death or Incompetency. Neither the death nor the legal adjudication of incompetence of any individual authorized to act on your behalf, or in the case of sole proprietorships, neither your death nor the legal adjudication of incompetence, revokes our authority to accept, pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. To the extent permitted by law, even with knowledge, we may for 10 days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account. For sole proprietorships, neither your death nor a legal adjudication of incompetence revokes our authority to accept, pay, or collect items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to act on it. To the extent permitted by law, even with knowledge, we may for 10 days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the account.

NON-SUFFICIENT FUNDS AND OVERDRAFTS - AVAILABLE BALANCE.

PROCESSING ORDER. We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for them in the order that they are processed, we may charge you non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.NICOLET NATIONAL BANK PROCESSING ORDER POLICY.
The Bank’s policy regarding the order of payments is to process items in the following order:
>wire transfers first, on the day they are processed;
>debit card transactions including ATM withdrawals, on the day they are processed;
>online and telephone banking transactions, on the day they are processed;
>ACH transactions, on the day they are processed;
>Teller transactions, checks and other similar items, in check number order ascending numerically from lowest to highest numbered item on the day they are processed (an item without a check number will post before a numbered item);
>Internal pre-arranged transfers, on the day they are processed.
The Bank processes online bill pay transactions differently depending on whether the receiver accepts ACH payments. If the receiver accepts ACH payments, bill pay transactions are processed the same as other ACH transactions. If not, a check is issued and processed the same as other checks.

SIGNATURES. Your signature on the Account Information or Signature Card document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.Further, most checks, and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks, and other items, i.e., without individual review of each check, or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.

Fees, Service Charges and Balance Requirements. You agree to pay us and are responsible for any fees, charges, or balance/deposit requirements included in these Terms. Fees, charges, and balance requirements may change from time to time. We also reserve the right to impose a service charge for cashing checks drawn on your account if the person cashing the check is not a customer of this Bank.

Set-Offs and Security Interests. If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under these Terms (by which you grant us a security interest in your deposit account and any other accounts held by you) to use your account funds to pay the debt, where permitted by law. The security interest granted by this Agreement is consensual and is in addition to our right of set-off.

Claims. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court, or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third party(ies) any amount on deposit in your account as set forth in and required by such Claim(s). In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Fee Schedule included in these Terms.

DORMANT and INACTIVE. If you do not make any deposits or withdrawals from your account, or you fail to maintain contact with the Bank (e.g. return of mail to the last known address for the account, etc.) for six (6) consecutive months on your checking account, one (1) year on health savings accounts and thirty-six months (36) on savings accounts, your account will be classified as inactive. Your account will remain classified as inactive until you make a deposit or withdrawal or otherwise notify the Bank of your interest in the account. The Bank may classify accounts as dormant or inactive for other reasons. These reasons are not disclosed in the Truth and Savings for security purposes. Upon the expiration of the term of a certificate of deposit classified as inactive, the certificate may be automatically converted by the Bank into a non-interest bearing account at the Bank’s sole discretion unless you contact the Bank and direct otherwise. Upon your account being classified as inactive, a monthly service charge, as set forth in the then-current Commercial or Consumer Services and Fees disclosure, may be assessed and deducted from your account from the date of such classification. If the balance in your account reaches zero after the assessment of inactivity fees, dormant account fees or other service fees, the Bank may close your account. ESCHEAT. Under applicable state law, any account which has not had activity for a certain period is deemed to be escheatable. Any and all funds in your account that are determined to be escheatable will be withdrawn and paid to the applicable government entity. An escheat fee may be deducted from your account prior to payment being made to the state. The Bank is relieved from all responsibility to any party if your account is escheated.

Attorneys' Fees and Expenses. You agree to be liable to us for any loss, costs or expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account without prior notice to you. This obligation includes disputes between yourself and us involving the account and situations where we become involved in disputes between you and an authorized signer, another joint owner, or a third party claiming an interest in the account. It also includes situations where you, an authorized signer, another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to seek the advice of counsel, whether or not we actually become involved in a dispute.

Legal Process Against Account. You agree to be responsible for, to reimburse us, and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment, garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in any legal proceeding.

Closing Account. We may close the account at any time, with or without cause, after sending you notice as required by the law. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after the closing of your account. Such a termination will not release you from any fees or other obligations incurred before the termination. We will send a check for the balance in our possession to which you are entitled.

Our Waiver of Rights. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us shall affect or preclude our future exercise of that right, remedy, power or privilege.

Your Waiver of Notice. You waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account. For example, if a check that you deposited is dishonored and returned to us, we are not required to notify you of the dishonor.

Notice. You are responsible for notifying us of any change to the name, type or address of your entity or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is effective when mailed to the last address supplied.

Liability. If we do not properly complete a transaction according to these Terms, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if, for example: (1) your account contains an insufficient available balance for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We are not responsible for a check that is paid by us if we acted in a commercially reasonable manner and exercised ordinary care. We exercise ordinary care if our actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general financial institution practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of these Terms. Any conflict regarding what you and our employees say or write will be resolved by reference to these Terms.

Taxpayer Identification Number and Backup Withholding. You must provide a taxpayer identification number (hereinafter TIN) with your account with us. If you fail to provide your TIN within a reasonable time, we may suspend opening your account or close your account and return the balance to you, less any applicable service fees. We may withhold taxes from interest earned on your account as required by federal or state law or regulations. Your failure to furnish a correct TIN or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service a percentage of interest and certain other payments.

Certified Beneficial Owner Information. You are responsible for notifying us of any changes to the certified beneficial ownership information of the legal entity customer that was provided to us. Notice should be made to us as soon as practical upon a change to the beneficial ownership information in a form and manner acceptable to us.

Telephone and Electronic Communication. You agree that we may call or send text messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communication to you at the email addresses you provide to us. You may contact us at any time if you no longer want to receive these communications from us. You also agree that we may monitor and record telephone and electronic communications that affect your account(s) with us to the extent permitted by law. We need not provide further notice to you or receive additional approval.

Online or Mobile Services. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.

Severability. If a court for any reason holds a provision of these Terms to be unenforceable, the rest remains fully enforceable. All headings are intended for reference only and are not to be construed as part of these Terms.

Enforcement. You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow these Terms. You authorize us to deduct any such losses, costs, or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce these Terms, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.

Effective Applicable Laws and Regulations. You understand that these Terms are governed by the laws of Wisconsin, except to the extent that federal law is controlling. Changes in these laws and regulations may modify these Terms. We do not have to notify you of these changes, unless required to do so by law. If any of these Terms come into conflict with the applicable law and are declared to be invalid or unenforceable, they will be nullified to the extent that they are inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the remaining provisions.

Notwithstanding the foregoing, if your account is opened online via our website, the governing law will be the laws of the State of Wisconsin.

ACCOUNT SECURITY. You are responsible for keeping your banking information confidential. This means that you are not to share your PIN, password, account numbers, personal identification information, and other account data with anyone, including other companies or services providers. You are responsible for notifying the Bank about lost or stolen information or suspected fraudulent activity. Except when the law requires otherwise, we are not legally responsible to you for your errors or negligent use of the Bank’s online or mobile banking services, and we will not be responsible for or cover losses due to: (a)misuse of any services;(b) input errors; (c) unauthorized access to your account resulting from your negligence; (d) leaving your computer or device unattended while using online or mobile banking; (e) failure to report unauthorized account access within two business days from the date it became known to you; or(f)viruses, which cannot get into your computer or device unless you let them in by downloading programs, opening emails or attachments, or sharing diskettes. Further, we offer certain services for use by the Bank’s customers to help protect against fraudulent transactions affecting their accounts. These procedures include “positive pay” services, as well as other safeguards. To the extent available for your account’s product type, we recommend that you utilize the positive pay service as a security measure for your account. You agree that positive pay services are a commercially reasonable measure to reduce losses related to fraud. If positive pay services are available for your account and you do not use them, we will not be legally responsible to you for any losses that could have been avoided or reduced had you utilized them. You acknowledge that the purpose of the Bank’s positive pay services is to limit unauthorized transactions in your account.

ADMINISTRATIVE HOLD. We may, in our discretion, place an administrative hold on funds in your account at any time we believe in good faith that there has been or will be a fraud on your account, the account information in our system is inaccurate or incomplete, or there is any other irregularity that creates a potential risk of loss to you or to us. We will contact you at your last known address regarding any administrative hold placed on your account.VENUE. Except to the extent prohibited by law, the venue of any legal action to enforce the provisions of this Agreement (including, but not limited to, the enforcement of any arbitration decision), or any document executed in connection with this Agreement, shall be litigated in the Brown County Circuit Court, Green Bay, Wisconsin or the Federal District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin.

NICOLET NATIONAL BANK
ADDENUM 1 TO ACCOUNT AGREEMENT This Addendum 1 to Account Agreement relates to and supplements the Nicolet National Bank (“Nicolet”) Account Agreement applicable to any deposit account with Nicolet. Terms not otherwise defined herein shall have the meaning assigned to such terms in the Account Agreement. 1. ADDITIONAL INFORMATION REGARDING USE OF DEBIT CARDS
Debit cards are unique in the way merchants obtain payment because there are two steps in the process: pre-authorization and settlement. a. Preauthorization. When you use your debit card to make a purchase, the merchant may obtain pre-authorization from us at the time of the sale (in other words, the merchant will ask us for verification that you have an account with available funds). When we receive a request for pre-authorization, we put a temporary hold on your account for up to 3 days in anticipation of the merchant requesting final settlement. When the final amount of your purchase is known at the time of the pre-authorization (for example, you buy tickets to a concert for $100), the merchant will place a temporary hold for that exact amount. However, when the final amount of your purchase is unknown at the time of the pre-authorization (for example, you use your card to pay at the gas pump before you fill your car with gas), we will place a temporary hold in the amount set by the merchant – which may be more or less than the amount of your actual purchase. As a result, the available balance shown on your account might not reflect the actual amount of cash in your account. b. Settlement. The merchant (or the merchant’s payment provider) later requests transfer of the actual payment from your account. This usually happens within the 3-day temporary hold, but it can be later. At the time the merchant requests settlement, we pay the actual amount of the purchase and remove the associated temporary hold from your account. We cannot control the amount of pre-authorization hold requested by a merchant or how quickly the merchant may request settlement. It is your responsibility to monitor your account and to make sure that you do not incur cumulative outstanding charges (via debit card, checks, ACH payments, or otherwise) that exceed the balance of your account. For example, if the merchant does not request settlement before the temporary hold expires, it may appear that the money you already spent is once again available to you. But the end of the temporary hold does not mean the merchant will not ask for payment later – you are still responsible for payment to the merchant for your transaction and we are still obligated to honor that settlement. If you spend money in your account before the merchant requests settlement, you may not have enough money to pay the debit card purchase and you will become overdrawn in your account. Each time this happens, you may incur an additional fee from us. 2. ADDITIONAL INFORMATION REGARDING AVAILABLE BALANCE AND OVERDRAFTS
We use your Available Balance to determine if there are sufficient funds in your account to approve a point-of-sale (POS) debit card transaction. Your Available Balance includes transactions that have posted to your account and transactions that have been authorized but not yet posted to your account, such as pre-authorized debit card transactions. When you use your debit card for a POS purchase, the merchant may request pre-authorization. If your Available Balance is sufficient to cover the amount of the pre-authorization request, we will approve the purchase. Later, when the merchant settles your purchase, we will pay the merchant the final settlement amount. Please note that the pre-authorization amount the merchant requests may not be the same as the final settlement amount. For instance, a gas station may request a pre-authorization of $1, but the final settlement amount may be much higher. If you use your debit card to pay a restaurant tab, the pre-authorization amount may not include any gratuity you authorize. In instances where the pre-authorization amount is different than the final settlement amount, we will pay the final settlement amount but, if paying the final settlement amount causes your account to be overdrawn, you may be charged an overdraft fee. We will not charge you an overdraft fee if we pre-authorize a transaction and the final settlement amount is the same as the pre-authorization amount. Because we rely on merchants for timely and accurate information, the available balance shown on your on-line banking app or at an ATM may not include every transaction that you have initiated or that we previously authorized. For example, assume that you have $100 in your account:
• If you write a check to a merchant for $50, the merchant may not timely submit the check for payment. Since we do not know about the $50 check, we will not reduce your Available Balance by the amount of the check. As a result, the Available Balance shown on an ATM as $100. If you withdraw $90 in cash, and the merchant later submits the $50 check for payment, you will be overdrawn by $40.
• If you use your debit card to buy dinner for $90, the restaurant will request preapproval for $90. However, if you add a $20 tip after preapproval and the entire $110 charge is presented for payment, you will be overdrawn by $10.YOU ARE IN THE BEST POSITION TO KNOW WHETHER YOU WILL HAVE AN AVAILABLE BALANCE SUFFICIENT TO PAY YOUR TRANSACTIONS. THE BEST WAY FOR YOU TO AVOID AN OVERDRAFT IS TO KEEP AN ACCURATE CHECK REGISTER OF ALL YOUR TRANSACTIONS AS YOU MAKE THEM, AND TO NOT MAKE ANY TRANSACTION THAT WOULD RESULT IN A NEGATIVE BALANCE. If, on any day, the Available Balance in your account is not sufficient to pay the full amount of a check, draft, item, or transaction posted to your account, your account will be overdrawn. If your account becomes overdrawn due to a check or automatic bill payment (such as a recurring debit card or ACH transaction that are designated as “recurring” by the merchant), we may elect in our sole discretion to pay the transaction and charge you an overdraft fee pursuant to our Fee Schedule. We will not pay overdrafts caused by an ATM withdrawal or everyday (one-time) debit-card transactions unless you are enrolled in one of our Overdraft Protection services. Overdraft protection services prevent transactions from being declined when you don't have enough money in your account. Our Overdraft protection services include the following options:
1. Sweep Accounts: Automatically transfer funds from another account, such as a savings account, to your checking account to cover the shortfall.
2. Lines of Credit: Automatically advances from a line of credit to cover the transaction if your checking account balance is insufficient. Advances are made in increments of $100.00.
These services ensure your transactions go through smoothly, even if your checking account balance is low.If your account has an overdraft, it is your responsibility to deposit additional funds to return your account to a positive balance. You authorize us to apply those funds to overdraft and related fees, including any deposits from federal or state benefit payments (see section entitled “Set-Off and Security Interest” for additional information). If you fail to deposit necessary funds, we may close your account. If you have recurring deposits or payments linked to an account, it is also your responsibility to make arrangements to redirect those deposits or payments to another account. We reserve the right to report overdrafts to consumer reporting agencies and initiate collection efforts. If we do not elect to pay the overdraft on your behalf, we may charge you a non-sufficient fund fee pursuant to our Fee Schedule. Pursuant to Nacha Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you a fee for each resubmission of a debit or re-presentation of an item, which means that you may incur multiple fees if a debit or item is returned more than one time for payment. 3. PROTECTING YOUR ACCOUNT AND YOUR FINANCIAL INFORMATION
Fraudsters have become very sophisticated, and it is often impossible for us to detect fraud on your account before we honor a transaction. You are in the best position to identify unauthorized transactions on your account. To help prevent fraud against your account, you agree to take all reasonable steps to safeguard your account including the following (which are in addition to those actions described under the “Account Security” section of the Agreement):For checking accounts:
• Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized checks.
• Promptly notify us if you do not receive your monthly statement – this may be a sign that a fraudster has intercepted the statement. See the section entitled “Statements” for more information.
• Never give your account and routing numbers to people you do not know. Fraudsters can use this information to initiate transactions against your account. If you voluntarily give your account information to a third party, you are responsible for any charges that third party incurs on your account.
• Only write checks to people and businesses that you know. Fraudsters may impersonate your friends and family asking for money, or they may try to use fear or intimidation to convince you to send money (such as impersonating a law enforcement officer or IRS agent).
• Watch out for deposit schemes. For example, a fraudster might request that you deposit the fraudster’s check into your account then return a small portion of those funds. After the fraudster’s check to you bounces, you are still responsible for the funds you send to the fraudster.
• Always write checks in a manner that prevents a fraudster from adding words, numbers, or making other changes without your authorization.
• Safeguard your supply of unused checks, destroy checks you do not intend to use, and never sign blank checks.
• If you have a business account, you should take the following additional steps:
> Assign responsibilities for the business account to multiple individuals and periodically reassign their duties.
> Have different people reconcile statements and withdraw funds.
> Watch for checks cashed out of sequence or made out to cash as flags for embezzlement.
> Review activity for unexpected fluctuations such as the percentage of cash deposits to total deposit size.
> Obtain insurance coverage for bank account fraud risks.
> Watch out for imposters impersonating vendors or if an alleged vendor changes their payment instructions.
> Only send trusted employees to deliver checks or make deposits.
> Subscribe to Nicolet’s positive pay services, which is a service that identifies unauthorized checks written on your account before they are honored, which will eliminate or reduce the risk of loss. (Contact Nicolet for more information on this service). If you elect not to use positive pay when it is available, we will not be responsible to you for any losses that you could have avoided or reduced by utilizing the services. For debit cards:
• Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized charges.
• Always protect your card and keep it in a safe place, just like you would cash.
• Create a PIN that does not include any personal information (such as birth date, name, or address).
• Memorize your PIN. Never tell it to anyone, and never write it down.
• Change your PIN every six months.
• Shop with merchants you know and trust.
• Make sure your internet transactions are secure. Look for secure transaction symbols.
• Log off from any site after you make a purchase.
• Avoid sending your card number through an unsecured email and do not give the number to anyone over the phone unless you made the call.
• Destroy your old card immediately after you receive a replacement card.
• Before using an attended or unattended merchant terminal, look at it for possible tampering or for the presence of any unauthorized attachment that could capture your card information or PIN. Except when the law requires otherwise, we are not legally responsible to you for your own errors or negligent use of our online or mobile banking services, and we will not be responsible for or cover losses due to: (a) your misuse of any service, (b) your input errors, (c) any unauthorized access to your account resulting from your negligence or your failure to take reasonable steps to avoid your own loss, (d) leaving your computer or device unattended while using online or mobile services, (e) viruses which enter your computer or device by your acts in downloading programs, opening emails or attachment or sharing diskettes.

NICOLET NATIONAL BANK
ADDENUM 2 TO ACCOUNT AGREEMENT
ARBITRATION PROVISION AND CLASS ACTION WAIVEREither you or we can require that the sole and exclusive forum for resolution of a Claim (as defined below) be final and binding arbitration pursuant to this Arbitration Provision unless you opt-out of this Arbitration Provision (as described in section (10) below). If you do not opt-out of this Arbitration Provision, and either you or we demand arbitration of a Claim, then arbitration of the Claim shall be mandatory. This Arbitration Provision is governed by the Federal Arbitration Act and made in connection with a transaction in interstate commerce.1. Waiver of Legal Rights. THIS ARBITRATION PROVISION AFFECTS YOUR LEGAL RIGHTS. You understand that you have a right to litigate disputes through a court but, by not opting out of this Arbitration Provision, you waive that right and agree to resolve Claims exclusively and finally through binding arbitration. A neutral arbitrator, not a judge or jury, will determine your rights. You are entitled to a fair hearing, but the arbitration procedures are generally more simplified and limited than rules applicable in court. Final arbitrator decisions are enforceable as any court order would be and are subject to very limited review by a court.2. Claims subject to arbitration. For purposes of this Arbitration Provision, “Claim” includes any past, present, or future claim, dispute, or controversy involving you (or persons claiming through you) and us relating to or arising out of the Account Agreement and/or the activities or relationships that involve or result from the Account Agreement including the validity or enforceability of this Arbitration Provision. Claims are subject to this Arbitration Provision regardless of whether they arise from contract, tort, statute, regulation, common law, principals of equity, or otherwise. Notwithstanding the foregoing, this Arbitration Provision does not include actions brought in small claims court (or an equivalent court) so long as the claim is pending only in that court.3. Notice of Claim and Opportunity to Cure. Prior to initiating an arbitration that asserts a Claim, the party asserting the Claim shall give the other party written notice of the Claim (a “Notice of Claim”) and not less than 45 days to resolve the Claim. If you are sending a Notice of Claim to us, send it to Nicolet National Bank, ATTN: Deposit Operations, PO Box 23900, Green Bay, WI 54305 and include the claimant’s name, address, account number, an explanation of the nature of the Claim, and a description of the relief demanded.4. Arbitration Provider. You or we may choose the following arbitration provider with its applicable rules: the American Arbitration Association or any other arbitration provider that is neutral and independent. If the parties cannot agree on an arbitration provider, a court of law will select a substitute provider. You can obtain a copy of the rules of the selected Arbitration Provider by contacting them or by visiting their website. The Arbitration Provider shall follow substantive law of the Location (as defined in section (6), below) in making an award and shall have the authority to order specific performance, compensatory damages, punitive damages, and any other relief allowed by applicable law.5. Rules and Costs. The Arbitration Provider shall maintain written rules regarding administration of the arbitration (governing activities such as discovery, hearing, appeal, and costs), and both parties agree to abide by such rules. The administrative fees, arbitrator compensation, and other costs related to the arbitration shall be paid in accordance with the rules of the Arbitration Provider and shall be reasonable. Each party shall bear the expense of their own attorneys’ fees, expert fees, witnesses, and other expenses, except as otherwise provide by the rules of the Arbitrator Provider or by law. If a statute gives you the right to recover any fees from us, those statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. If the Arbitrator Provider finds that either of us did not assert a Claim in good faith or that the Claim was frivolous, the party bringing that Claim agrees to reimburse the other for all costs.6. Location. Any arbitration initiated pursuant to this Arbitration Provision will take place in the city nearest to your primary residence where a federal district court is located or at such other location as agreed by the parties. If your Claim seeks damages of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, in a telephonic or remote-video hearing, or in an in-person hearing.7. Class Action Waiver. YOU AGREE TO BRING ANY ARBITRATION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitration Provider may not consolidate your claim with any other person's claim and may not otherwise preside over any form of a representative or class proceeding. The Arbitration Provider will have no power to conduct a class or representative arbitration. The Arbitration Provider will have no power to make any award for the benefit of, or against, any person other than the individual who is the named party in the arbitration.8. Judgement and Appeals. Judgment upon the Arbitration Provider’s award may be entered by a court having competent jurisdiction. The Arbitration Provider’s decision shall be final and binding, except for any right of appeal provided by the Arbitration Provider’s rules. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that specific arbitration, and no finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.9. Other Exceptions. This Arbitration Provision does not apply to military members or their dependents, as defined by the Military Lending Act.10. Opt-Out: YOU MAY CHOOSE NOT TO AGREE TO THIS ARBITRATION PROVISION (“OPT-OUT”) BY SENDING A WRITTEN LETTER TO NICOLET NATIONAL BANK, ATTN: DEPOSIT OPERATIONS, PO BOX 23900, GREEN BAY, WI 54305 WITHIN THIRTY (30) DAYS AFTER: (I) THE DATE THAT WE OPEN YOUR ACCOUNT, OR (II) THIRTY (30) DAYS AFTER YOU RECEIVE THIS AGREEMENT, WHICHEVER IS LATER (THE “OPT-OUT” DEADLINE). The written notice must state that you do not agree to must postmark the notice no later than the Opt-Out Deadline. The written letter must include your name, address, and account numbers to which the opt-out applies. All owners of the Account must sign the written notice for it to be effective.11. Severability. If any portion of this Arbitration Provision is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

Notice of Potential Disclosure of Negative Information To Consumer Reporting Agencies
This notice is being furnished pursuant to the Fair Credit Reporting Act (15 U.S.C. 1681) as
amended by the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).
Notice
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

SUBSTITUTE CHECK POLICY

What Is a Substitute Check? To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

What Are My Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by:

Phone at: (800)369-0226 or
Mail at:
P.O. Box 23900
Green Bay WI 54305-3900

You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:

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

An expedited recredit claim must be submitted in writing. When a claim has been submitted orally, we must receive that written claim within 10 business days of the oral claim.

FUNDS AVAILABILITY POLICY DISCLOSURE

This disclosure describes your ability to withdraw funds at Nicolet National Bank. It applies to the availability of funds in all of your accounts except for funds deposited to certificate of deposit (CD) accounts. We reserve the right to delay the availability of funds deposited to these accounts for periods longer than those outlined in this disclosure. Please ask us if you have a question about which accounts are affected by our availability policy.
For purposes of this disclosure, the terms "you" or "your" mean customer and the terms "our," "we," or "us" mean Nicolet National Bank.

Your Ability to Withdraw Funds. Our policy is to make funds from your cash and check deposits available to you by the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day that we receive the deposit. Once they are available, you can withdraw the funds in cash, and we will use the funds to pay checks 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 the close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day that we are not open, we will consider the deposit made on the next business day we are open.

Deposits at Other Locations. This availability policy only applies to funds deposited at Nicolet National Bank. Please inquire for information about the availability of funds deposited at other locations.

Longer Delays May Apply. In some cases, we will not make all of the funds that you deposit by check available to you by the first business day after we receive 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 $275.00 of your deposits, however, may be available by the first business day after the day of deposit. If we are not going to make all of the funds from your deposit available by the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will send 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:

(a) if we believe a check you deposit will not be paid;
(b) if you deposit checks totaling more than $6,725.00 on any one day;
(c) if you redeposit a check that has been returned unpaid;
(d) if you have overdrawn your account repeatedly in the last six months; or
(e) if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment.

We will notify you if we delay your 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 7th business day after the day of your deposit.

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

Same-Day Availability. Funds from electronic direct deposits to your account and checks drawn on Nicolet National Bank will be available on the day we receive the deposit. Funds from the following deposits will also be available on the same business day that we receive the deposit if the deposit meets certain conditions:

Cash

Next-Day Availability. Funds from the following deposits are available by the first business day after the day of your deposit if the deposit meets certain conditions:

-	Wire transfers
-	U.S. Treasury checks
-	U.S. Postal Service money orders
-	Federal Reserve Bank or Federal Home Loan Bank checks
-	State or Local Government checks
-	Cashier's, Certified, or Teller's checks
-	Traveler's checks

For example, the checks must be payable to you. The excess over $6,725.00 of a day's total check deposits will be available by the 9th 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 $6,725.00 will not be available until the first business day after the day of deposit. Funds from all other check deposits will be available by the 11th business day after the day of deposit.

Holds on Other Funds for Check Cashing. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.

Holds on Other Funds in Another Account. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Deposits at Proprietary Automated Teller Machines (ATMs). We only allow deposits to be made at ATMs that we own or operate. All ATMs that we own or operate are identified as our machines.

Additional ATM Information. Deposits made at automated teller machines (ATMs) will not be considered received until the next business day. Funds from an ATM deposit will not be available to you until the first business day after the business day of deposit.

Foreign Checks. Checks drawn on financial institutions outside of the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions and are exempt from the policies outlined in this disclosure. Generally, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which they are drawn.

FEE SCHEDULE
Commercial Services and Fees

Fees and Charges. The following fees and charges may be assessed against your account:

Fee Description	Fee Amount
ATM AND DEBIT CARDS
Initial Card No Charge
Replacement Card	$5.00
Replacement Card - rush order/special delivery	$30.00
NON-SUFFICIENT FUNDS (NSF) AND OVERDRAFT (OD) FEES Commercial Accounts*

Overdraft Fee (Paid NSF Item(s) Fee)**	$35.00
Non-Sufficient Funds -Returned Item Fee (Returned NSF Fee)**	$35.00
Continuous overdraft (per business day after 5 business days)	$5.00
No Maximum OD fees assessed per day
No Maximum NSF fees assessed per day
Overdraft Line of Credit (subject to credit approval) Annual Fee	$25.00
Overdraft Protection Line of Credit Advance (per advance; increments of $100)	$6.00
Prearranged Overdraft Advance from Savings or Money Market (Fee per advance. Increments of $250.00)	$6.00

ITEM HANDLING CHARGES
Returned Item (Deposited) Fee	$10.00
Redeposit Item Fee	$5.00
Check Reject Fee (per item)	$5.00
Customized or Special Instruction Handling - Return Deposited Items Fee	$20.00
Stop Payment Request	$40.00
Online Stop Payment Request	$20.00
Duplicate Deposit Item	$10.00
Foreign (non-U.S.) Deposit Item	$7.00
Foreign Returned Deposit Item	$30.00

WIRE TRANSFER FEES
Domestic Incoming	$20.00
Domestic Outgoing	$25.00
International Incoming	$20.00
International Outgoing	$45.00
Wire Confirmation-Mailed	$5.00
Internal Wire Transfer Debit	$9.00
Internal Wire Transfer Credit	$9.00
Wire Trace	$50.00

OTHER SERVICE CHARGES AND FEES

Account Inactivity Fee (per month, if account balance is $500 or less)***	$5.00
Account Research and Reconciliation (per hour)	$40.00
Cashier's Check- Checking account customer (3 free per month)	$5.00
Cashier's Check- Non-Checking account customer	$5.00
Rolled coin (per roll)	$0.25
Strapped currency (per strap)	$0.75
Foreign Draft (plus Cost)	$30.00
Special Order Foreign Currency	$15.00
Payoff Fee/Expedited Statement Fee	$25.00
Garnishment	$100.00
Levy	$100.00
Mailed Statement^	$8.00
Mailed Statement w/Images^	$10.00
Duplicate Mailed Account Statement^	$10.00
Unsigned Check Processing (per check)	$10.00
Money Service Business (MSB) Risk Management - (per monthly statement)	$300.00
Vault Cash Services Monthly Bases	$125.00
Custom Statement Date	$25.00

*NSF items may be created by check, in-person withdrawal, ATM withdrawal, or other electronic means.
**If the same item is presented multiple times, it may incur multiple NSF or overdraft fees.
***Fee charged beginning after 1 year of inactivity on health savings accounts; after 6 months of inactivity on other checking accounts, after 36 months on savings and Money Market accounts. Postings of interest and other bank-initiated transactions do not count as account activity.
^Statement fees apply to all Business Deposit Products (except Agri-Business checking)
The above services and fees are subject to change without notice, unless prohibited by law.
Effective as of 05.08.2024.

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You are responsible for keeping your banking information confidential. This means that you are not to share your PIN, password, account numbers, personal identification information, and other account data with anyone, including other companies or services providers. You are responsible for notifying the Bank about lost or stolen information or suspected fraudulent activity. Except when the law requires otherwise, we are not legally responsible to you for your errors or negligent use of the Bank’s online or mobile banking services, and we will not be responsible for or cover losses due to: (a)misuse of any services;(b) input errors; (c) unauthorized access to your account resulting from your negligence; (d) leaving your computer or device unattended while using online or mobile banking; (e) failure to report unauthorized account access within two business days from the date it became known to you; or(f)viruses, which cannot get into your computer or device unless you let them in by downloading programs, opening emails or attachments, or sharing diskettes. Further, we offer certain services for use by the Bank’s customers to help protect against fraudulent transactions affecting their accounts. These procedures include “positive pay” services, as well as other safeguards. To the extent available for your account’s product type, we recommend that you utilize the positive pay service as a security measure for your account. You agree that positive pay services are a commercially reasonable measure to reduce losses related to fraud. If positive pay services are available for your account and you do not use them, we will not be legally responsible to you for any losses that could have been avoided or reduced had you utilized them. You acknowledge that the purpose of the Bank’s positive pay services is to limit unauthorized transactions in your account.", "2-608c": "ADMINISTRATIVE HOLD. We may, in our discretion, place an administrative hold on funds in your account at any time we believe in good faith that there has been or will be a fraud on your account, the account information in our system is inaccurate or incomplete, or there is any other irregularity that creates a potential risk of loss to you or to us. We will contact you at your last known address regarding any administrative hold placed on your account.VENUE. Except to the extent prohibited by law, the venue of any legal action to enforce the provisions of this Agreement (including, but not limited to, the enforcement of any arbitration decision), or any document executed in connection with this Agreement, shall be litigated in the Brown County Circuit Court, Green Bay, Wisconsin or the Federal District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin. ", "4-3a2c": "NICOLET NATIONAL BANK ADDENUM 1 TO ACCOUNT AGREEMENT This Addendum 1 to Account Agreement relates to and supplements the Nicolet National Bank (“Nicolet”) Account Agreement applicable to any deposit account with Nicolet. Terms not otherwise defined herein shall have the meaning assigned to such terms in the Account Agreement. 1. ADDITIONAL INFORMATION REGARDING USE OF DEBIT CARDS Debit cards are unique in the way merchants obtain payment because there are two steps in the process: pre-authorization and settlement. a. Preauthorization. When you use your debit card to make a purchase, the merchant may obtain pre-authorization from us at the time of the sale (in other words, the merchant will ask us for verification that you have an account with available funds). When we receive a request for pre-authorization, we put a temporary hold on your account for up to 3 days in anticipation of the merchant requesting final settlement. When the final amount of your purchase is known at the time of the pre-authorization (for example, you buy tickets to a concert for $100), the merchant will place a temporary hold for that exact amount. However, when the final amount of your purchase is unknown at the time of the pre-authorization (for example, you use your card to pay at the gas pump before you fill your car with gas), we will place a temporary hold in the amount set by the merchant – which may be more or less than the amount of your actual purchase. As a result, the available balance shown on your account might not reflect the actual amount of cash in your account. b. Settlement. The merchant (or the merchant’s payment provider) later requests transfer of the actual payment from your account. This usually happens within the 3-day temporary hold, but it can be later. At the time the merchant requests settlement, we pay the actual amount of the purchase and remove the associated temporary hold from your account. We cannot control the amount of pre-authorization hold requested by a merchant or how quickly the merchant may request settlement. It is your responsibility to monitor your account and to make sure that you do not incur cumulative outstanding charges (via debit card, checks, ACH payments, or otherwise) that exceed the balance of your account. For example, if the merchant does not request settlement before the temporary hold expires, it may appear that the money you already spent is once again available to you. But the end of the temporary hold does not mean the merchant will not ask for payment later – you are still responsible for payment to the merchant for your transaction and we are still obligated to honor that settlement. If you spend money in your account before the merchant requests settlement, you may not have enough money to pay the debit card purchase and you will become overdrawn in your account. Each time this happens, you may incur an additional fee from us. 2. ADDITIONAL INFORMATION REGARDING AVAILABLE BALANCE AND OVERDRAFTS We use your Available Balance to determine if there are sufficient funds in your account to approve a point-of-sale (POS) debit card transaction. Your Available Balance includes transactions that have posted to your account and transactions that have been authorized but not yet posted to your account, such as pre-authorized debit card transactions. When you use your debit card for a POS purchase, the merchant may request pre-authorization. If your Available Balance is sufficient to cover the amount of the pre-authorization request, we will approve the purchase. Later, when the merchant settles your purchase, we will pay the merchant the final settlement amount. Please note that the pre-authorization amount the merchant requests may not be the same as the final settlement amount. For instance, a gas station may request a pre-authorization of $1, but the final settlement amount may be much higher. If you use your debit card to pay a restaurant tab, the pre-authorization amount may not include any gratuity you authorize. In instances where the pre-authorization amount is different than the final settlement amount, we will pay the final settlement amount but, if paying the final settlement amount causes your account to be overdrawn, you may be charged an overdraft fee. We will not charge you an overdraft fee if we pre-authorize a transaction and the final settlement amount is the same as the pre-authorization amount. Because we rely on merchants for timely and accurate information, the available balance shown on your on-line banking app or at an ATM may not include every transaction that you have initiated or that we previously authorized. For example, assume that you have $100 in your account: • If you write a check to a merchant for $50, the merchant may not timely submit the check for payment. Since we do not know about the $50 check, we will not reduce your Available Balance by the amount of the check. As a result, the Available Balance shown on an ATM as $100. If you withdraw $90 in cash, and the merchant later submits the $50 check for payment, you will be overdrawn by $40. • If you use your debit card to buy dinner for $90, the restaurant will request preapproval for $90. However, if you add a $20 tip after preapproval and the entire $110 charge is presented for payment, you will be overdrawn by $10.YOU ARE IN THE BEST POSITION TO KNOW WHETHER YOU WILL HAVE AN AVAILABLE BALANCE SUFFICIENT TO PAY YOUR TRANSACTIONS. THE BEST WAY FOR YOU TO AVOID AN OVERDRAFT IS TO KEEP AN ACCURATE CHECK REGISTER OF ALL YOUR TRANSACTIONS AS YOU MAKE THEM, AND TO NOT MAKE ANY TRANSACTION THAT WOULD RESULT IN A NEGATIVE BALANCE. If, on any day, the Available Balance in your account is not sufficient to pay the full amount of a check, draft, item, or transaction posted to your account, your account will be overdrawn. If your account becomes overdrawn due to a check or automatic bill payment (such as a recurring debit card or ACH transaction that are designated as “recurring” by the merchant), we may elect in our sole discretion to pay the transaction and charge you an overdraft fee pursuant to our Fee Schedule. We will not pay overdrafts caused by an ATM withdrawal or everyday (one-time) debit-card transactions unless you are enrolled in one of our Overdraft Protection services. Overdraft protection services prevent transactions from being declined when you don't have enough money in your account. Our Overdraft protection services include the following options: 1. Sweep Accounts: Automatically transfer funds from another account, such as a savings account, to your checking account to cover the shortfall. 2. Lines of Credit: Automatically advances from a line of credit to cover the transaction if your checking account balance is insufficient. Advances are made in increments of $100.00. These services ensure your transactions go through smoothly, even if your checking account balance is low.If your account has an overdraft, it is your responsibility to deposit additional funds to return your account to a positive balance. You authorize us to apply those funds to overdraft and related fees, including any deposits from federal or state benefit payments (see section entitled “Set-Off and Security Interest” for additional information). If you fail to deposit necessary funds, we may close your account. If you have recurring deposits or payments linked to an account, it is also your responsibility to make arrangements to redirect those deposits or payments to another account. We reserve the right to report overdrafts to consumer reporting agencies and initiate collection efforts. If we do not elect to pay the overdraft on your behalf, we may charge you a non-sufficient fund fee pursuant to our Fee Schedule. Pursuant to Nacha Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you a fee for each resubmission of a debit or re-presentation of an item, which means that you may incur multiple fees if a debit or item is returned more than one time for payment. 3. PROTECTING YOUR ACCOUNT AND YOUR FINANCIAL INFORMATION Fraudsters have become very sophisticated, and it is often impossible for us to detect fraud on your account before we honor a transaction. You are in the best position to identify unauthorized transactions on your account. To help prevent fraud against your account, you agree to take all reasonable steps to safeguard your account including the following (which are in addition to those actions described under the “Account Security” section of the Agreement):For checking accounts: • Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized checks. • Promptly notify us if you do not receive your monthly statement – this may be a sign that a fraudster has intercepted the statement. See the section entitled “Statements” for more information. • Never give your account and routing numbers to people you do not know. Fraudsters can use this information to initiate transactions against your account. If you voluntarily give your account information to a third party, you are responsible for any charges that third party incurs on your account. • Only write checks to people and businesses that you know. Fraudsters may impersonate your friends and family asking for money, or they may try to use fear or intimidation to convince you to send money (such as impersonating a law enforcement officer or IRS agent). • Watch out for deposit schemes. For example, a fraudster might request that you deposit the fraudster’s check into your account then return a small portion of those funds. After the fraudster’s check to you bounces, you are still responsible for the funds you send to the fraudster. • Always write checks in a manner that prevents a fraudster from adding words, numbers, or making other changes without your authorization. • Safeguard your supply of unused checks, destroy checks you do not intend to use, and never sign blank checks. • If you have a business account, you should take the following additional steps: > Assign responsibilities for the business account to multiple individuals and periodically reassign their duties. > Have different people reconcile statements and withdraw funds. > Watch for checks cashed out of sequence or made out to cash as flags for embezzlement. > Review activity for unexpected fluctuations such as the percentage of cash deposits to total deposit size. > Obtain insurance coverage for bank account fraud risks. > Watch out for imposters impersonating vendors or if an alleged vendor changes their payment instructions. > Only send trusted employees to deliver checks or make deposits. > Subscribe to Nicolet’s positive pay services, which is a service that identifies unauthorized checks written on your account before they are honored, which will eliminate or reduce the risk of loss. (Contact Nicolet for more information on this service). If you elect not to use positive pay when it is available, we will not be responsible to you for any losses that you could have avoided or reduced by utilizing the services. For debit cards: • Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized charges. • Always protect your card and keep it in a safe place, just like you would cash. • Create a PIN that does not include any personal information (such as birth date, name, or address). • Memorize your PIN. Never tell it to anyone, and never write it down. • Change your PIN every six months. • Shop with merchants you know and trust. • Make sure your internet transactions are secure. Look for secure transaction symbols. • Log off from any site after you make a purchase. • Avoid sending your card number through an unsecured email and do not give the number to anyone over the phone unless you made the call. • Destroy your old card immediately after you receive a replacement card. • Before using an attended or unattended merchant terminal, look at it for possible tampering or for the presence of any unauthorized attachment that could capture your card information or PIN. Except when the law requires otherwise, we are not legally responsible to you for your own errors or negligent use of our online or mobile banking services, and we will not be responsible for or cover losses due to: (a) your misuse of any service, (b) your input errors, (c) any unauthorized access to your account resulting from your negligence or your failure to take reasonable steps to avoid your own loss, (d) leaving your computer or device unattended while using online or mobile services, (e) viruses which enter your computer or device by your acts in downloading programs, opening emails or attachment or sharing diskettes. ", "5-c8ce": "NICOLET NATIONAL BANK ADDENUM 2 TO ACCOUNT AGREEMENT ARBITRATION PROVISION AND CLASS ACTION WAIVEREither you or we can require that the sole and exclusive forum for resolution of a Claim (as defined below) be final and binding arbitration pursuant to this Arbitration Provision unless you opt-out of this Arbitration Provision (as described in section (10) below). If you do not opt-out of this Arbitration Provision, and either you or we demand arbitration of a Claim, then arbitration of the Claim shall be mandatory. This Arbitration Provision is governed by the Federal Arbitration Act and made in connection with a transaction in interstate commerce.1. Waiver of Legal Rights. THIS ARBITRATION PROVISION AFFECTS YOUR LEGAL RIGHTS. You understand that you have a right to litigate disputes through a court but, by not opting out of this Arbitration Provision, you waive that right and agree to resolve Claims exclusively and finally through binding arbitration. A neutral arbitrator, not a judge or jury, will determine your rights. You are entitled to a fair hearing, but the arbitration procedures are generally more simplified and limited than rules applicable in court. Final arbitrator decisions are enforceable as any court order would be and are subject to very limited review by a court.2. Claims subject to arbitration. For purposes of this Arbitration Provision, “Claim” includes any past, present, or future claim, dispute, or controversy involving you (or persons claiming through you) and us relating to or arising out of the Account Agreement and/or the activities or relationships that involve or result from the Account Agreement including the validity or enforceability of this Arbitration Provision. Claims are subject to this Arbitration Provision regardless of whether they arise from contract, tort, statute, regulation, common law, principals of equity, or otherwise. Notwithstanding the foregoing, this Arbitration Provision does not include actions brought in small claims court (or an equivalent court) so long as the claim is pending only in that court.3. Notice of Claim and Opportunity to Cure. Prior to initiating an arbitration that asserts a Claim, the party asserting the Claim shall give the other party written notice of the Claim (a “Notice of Claim”) and not less than 45 days to resolve the Claim. If you are sending a Notice of Claim to us, send it to Nicolet National Bank, ATTN: Deposit Operations, PO Box 23900, Green Bay, WI 54305 and include the claimant’s name, address, account number, an explanation of the nature of the Claim, and a description of the relief demanded.4. Arbitration Provider. You or we may choose the following arbitration provider with its applicable rules: the American Arbitration Association or any other arbitration provider that is neutral and independent. If the parties cannot agree on an arbitration provider, a court of law will select a substitute provider. You can obtain a copy of the rules of the selected Arbitration Provider by contacting them or by visiting their website. The Arbitration Provider shall follow substantive law of the Location (as defined in section (6), below) in making an award and shall have the authority to order specific performance, compensatory damages, punitive damages, and any other relief allowed by applicable law.5. Rules and Costs. The Arbitration Provider shall maintain written rules regarding administration of the arbitration (governing activities such as discovery, hearing, appeal, and costs), and both parties agree to abide by such rules. The administrative fees, arbitrator compensation, and other costs related to the arbitration shall be paid in accordance with the rules of the Arbitration Provider and shall be reasonable. Each party shall bear the expense of their own attorneys’ fees, expert fees, witnesses, and other expenses, except as otherwise provide by the rules of the Arbitrator Provider or by law. If a statute gives you the right to recover any fees from us, those statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. If the Arbitrator Provider finds that either of us did not assert a Claim in good faith or that the Claim was frivolous, the party bringing that Claim agrees to reimburse the other for all costs.6. Location. Any arbitration initiated pursuant to this Arbitration Provision will take place in the city nearest to your primary residence where a federal district court is located or at such other location as agreed by the parties. If your Claim seeks damages of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, in a telephonic or remote-video hearing, or in an in-person hearing.7. Class Action Waiver. YOU AGREE TO BRING ANY ARBITRATION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitration Provider may not consolidate your claim with any other person's claim and may not otherwise preside over any form of a representative or class proceeding. The Arbitration Provider will have no power to conduct a class or representative arbitration. The Arbitration Provider will have no power to make any award for the benefit of, or against, any person other than the individual who is the named party in the arbitration.8. Judgement and Appeals. Judgment upon the Arbitration Provider’s award may be entered by a court having competent jurisdiction. The Arbitration Provider’s decision shall be final and binding, except for any right of appeal provided by the Arbitration Provider’s rules. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that specific arbitration, and no finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.9. Other Exceptions. This Arbitration Provision does not apply to military members or their dependents, as defined by the Military Lending Act.10. Opt-Out: YOU MAY CHOOSE NOT TO AGREE TO THIS ARBITRATION PROVISION (“OPT-OUT”) BY SENDING A WRITTEN LETTER TO NICOLET NATIONAL BANK, ATTN: DEPOSIT OPERATIONS, PO BOX 23900, GREEN BAY, WI 54305 WITHIN THIRTY (30) DAYS AFTER: (I) THE DATE THAT WE OPEN YOUR ACCOUNT, OR (II) THIRTY (30) DAYS AFTER YOU RECEIVE THIS AGREEMENT, WHICHEVER IS LATER (THE “OPT-OUT” DEADLINE). The written notice must state that you do not agree to must postmark the notice no later than the Opt-Out Deadline. The written letter must include your name, address, and account numbers to which the opt-out applies. All owners of the Account must sign the written notice for it to be effective.11. Severability. If any portion of this Arbitration Provision is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. " }, "d_gnl_misc_prod_generaltermsaddlprovisionstext": { "1-688d": "ACCOUNT SECURITY. You are responsible for keeping your banking information confidential. This means that you are not to share your PIN, password, account numbers, personal identification information, and other account data with anyone, including other companies or services providers. You are responsible for notifying the Bank about lost or stolen information or suspected fraudulent activity. Except when the law requires otherwise, we are not legally responsible to you for your errors or negligent use of the Bank’s online or mobile banking services, and we will not be responsible for or cover losses due to: (a)misuse of any services;(b) input errors; (c) unauthorized access to your account resulting from your negligence; (d) leaving your computer or device unattended while using online or mobile banking; (e) failure to report unauthorized account access within two business days from the date it became known to you; or(f)viruses, which cannot get into your computer or device unless you let them in by downloading programs, opening emails or attachments, or sharing diskettes. Further, we offer certain services for use by the Bank’s customers to help protect against fraudulent transactions affecting their accounts. These procedures include “positive pay” services, as well as other safeguards. To the extent available for your account’s product type, we recommend that you utilize the positive pay service as a security measure for your account. You agree that positive pay services are a commercially reasonable measure to reduce losses related to fraud. If positive pay services are available for your account and you do not use them, we will not be legally responsible to you for any losses that could have been avoided or reduced had you utilized them. You acknowledge that the purpose of the Bank’s positive pay services is to limit unauthorized transactions in your account.", "2-45a1": "ADMINISTRATIVE HOLD. We may, in our discretion, place an administrative hold on funds in your account at any time we believe in good faith that there has been or will be a fraud on your account, the account information in our system is inaccurate or incomplete, or there is any other irregularity that creates a potential risk of loss to you or to us. We will contact you at your last known address regarding any administrative hold placed on your account.VENUE. Except to the extent prohibited by law, the venue of any legal action to enforce the provisions of this Agreement (including, but not limited to, the enforcement of any arbitration decision), or any document executed in connection with this Agreement, shall be litigated in the Brown County Circuit Court, Green Bay, Wisconsin or the Federal District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin. ", "3-e1b8": "NICOLET NATIONAL BANK ADDENUM 1 TO ACCOUNT AGREEMENT This Addendum 1 to Account Agreement relates to and supplements the Nicolet National Bank (“Nicolet”) Account Agreement applicable to any deposit account with Nicolet. Terms not otherwise defined herein shall have the meaning assigned to such terms in the Account Agreement. 1. ADDITIONAL INFORMATION REGARDING USE OF DEBIT CARDS Debit cards are unique in the way merchants obtain payment because there are two steps in the process: pre-authorization and settlement. a. Preauthorization. When you use your debit card to make a purchase, the merchant may obtain pre-authorization from us at the time of the sale (in other words, the merchant will ask us for verification that you have an account with available funds). When we receive a request for pre-authorization, we put a temporary hold on your account for up to 3 days in anticipation of the merchant requesting final settlement. When the final amount of your purchase is known at the time of the pre-authorization (for example, you buy tickets to a concert for $100), the merchant will place a temporary hold for that exact amount. However, when the final amount of your purchase is unknown at the time of the pre-authorization (for example, you use your card to pay at the gas pump before you fill your car with gas), we will place a temporary hold in the amount set by the merchant – which may be more or less than the amount of your actual purchase. As a result, the available balance shown on your account might not reflect the actual amount of cash in your account. b. Settlement. The merchant (or the merchant’s payment provider) later requests transfer of the actual payment from your account. This usually happens within the 3-day temporary hold, but it can be later. At the time the merchant requests settlement, we pay the actual amount of the purchase and remove the associated temporary hold from your account. We cannot control the amount of pre-authorization hold requested by a merchant or how quickly the merchant may request settlement. It is your responsibility to monitor your account and to make sure that you do not incur cumulative outstanding charges (via debit card, checks, ACH payments, or otherwise) that exceed the balance of your account. For example, if the merchant does not request settlement before the temporary hold expires, it may appear that the money you already spent is once again available to you. But the end of the temporary hold does not mean the merchant will not ask for payment later – you are still responsible for payment to the merchant for your transaction and we are still obligated to honor that settlement. If you spend money in your account before the merchant requests settlement, you may not have enough money to pay the debit card purchase and you will become overdrawn in your account. Each time this happens, you may incur an additional fee from us. 2. ADDITIONAL INFORMATION REGARDING AVAILABLE BALANCE AND OVERDRAFTS We use your Available Balance to determine if there are sufficient funds in your account to approve a point-of-sale (POS) debit card transaction. Your Available Balance includes transactions that have posted to your account and transactions that have been authorized but not yet posted to your account, such as pre-authorized debit card transactions. When you use your debit card for a POS purchase, the merchant may request pre-authorization. If your Available Balance is sufficient to cover the amount of the pre-authorization request, we will approve the purchase. Later, when the merchant settles your purchase, we will pay the merchant the final settlement amount. Please note that the pre-authorization amount the merchant requests may not be the same as the final settlement amount. For instance, a gas station may request a pre-authorization of $1, but the final settlement amount may be much higher. If you use your debit card to pay a restaurant tab, the pre-authorization amount may not include any gratuity you authorize. In instances where the pre-authorization amount is different than the final settlement amount, we will pay the final settlement amount but, if paying the final settlement amount causes your account to be overdrawn, you may be charged an overdraft fee. We will not charge you an overdraft fee if we pre-authorize a transaction and the final settlement amount is the same as the pre-authorization amount. Because we rely on merchants for timely and accurate information, the available balance shown on your on-line banking app or at an ATM may not include every transaction that you have initiated or that we previously authorized. For example, assume that you have $100 in your account: • If you write a check to a merchant for $50, the merchant may not timely submit the check for payment. Since we do not know about the $50 check, we will not reduce your Available Balance by the amount of the check. As a result, the Available Balance shown on an ATM as $100. If you withdraw $90 in cash, and the merchant later submits the $50 check for payment, you will be overdrawn by $40. • If you use your debit card to buy dinner for $90, the restaurant will request preapproval for $90. However, if you add a $20 tip after preapproval and the entire $110 charge is presented for payment, you will be overdrawn by $10.YOU ARE IN THE BEST POSITION TO KNOW WHETHER YOU WILL HAVE AN AVAILABLE BALANCE SUFFICIENT TO PAY YOUR TRANSACTIONS. THE BEST WAY FOR YOU TO AVOID AN OVERDRAFT IS TO KEEP AN ACCURATE CHECK REGISTER OF ALL YOUR TRANSACTIONS AS YOU MAKE THEM, AND TO NOT MAKE ANY TRANSACTION THAT WOULD RESULT IN A NEGATIVE BALANCE. If, on any day, the Available Balance in your account is not sufficient to pay the full amount of a check, draft, item, or transaction posted to your account, your account will be overdrawn. If your account becomes overdrawn due to a check or automatic bill payment (such as a recurring debit card or ACH transaction that are designated as “recurring” by the merchant), we may elect in our sole discretion to pay the transaction and charge you an overdraft fee pursuant to our Fee Schedule. We will not pay overdrafts caused by an ATM withdrawal or everyday (one-time) debit-card transactions unless you are enrolled in one of our Overdraft Protection services. Overdraft protection services prevent transactions from being declined when you don't have enough money in your account. Our Overdraft protection services include the following options: 1. Sweep Accounts: Automatically transfer funds from another account, such as a savings account, to your checking account to cover the shortfall. 2. Lines of Credit: Automatically advances from a line of credit to cover the transaction if your checking account balance is insufficient. Advances are made in increments of $100.00. These services ensure your transactions go through smoothly, even if your checking account balance is low.If your account has an overdraft, it is your responsibility to deposit additional funds to return your account to a positive balance. You authorize us to apply those funds to overdraft and related fees, including any deposits from federal or state benefit payments (see section entitled “Set-Off and Security Interest” for additional information). If you fail to deposit necessary funds, we may close your account. If you have recurring deposits or payments linked to an account, it is also your responsibility to make arrangements to redirect those deposits or payments to another account. We reserve the right to report overdrafts to consumer reporting agencies and initiate collection efforts. If we do not elect to pay the overdraft on your behalf, we may charge you a non-sufficient fund fee pursuant to our Fee Schedule. Pursuant to Nacha Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you a fee for each resubmission of a debit or re-presentation of an item, which means that you may incur multiple fees if a debit or item is returned more than one time for payment. 3. PROTECTING YOUR ACCOUNT AND YOUR FINANCIAL INFORMATION Fraudsters have become very sophisticated, and it is often impossible for us to detect fraud on your account before we honor a transaction. You are in the best position to identify unauthorized transactions on your account. To help prevent fraud against your account, you agree to take all reasonable steps to safeguard your account including the following (which are in addition to those actions described under the “Account Security” section of the Agreement):For checking accounts: • Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized checks. • Promptly notify us if you do not receive your monthly statement – this may be a sign that a fraudster has intercepted the statement. See the section entitled “Statements” for more information. • Never give your account and routing numbers to people you do not know. Fraudsters can use this information to initiate transactions against your account. If you voluntarily give your account information to a third party, you are responsible for any charges that third party incurs on your account. • Only write checks to people and businesses that you know. Fraudsters may impersonate your friends and family asking for money, or they may try to use fear or intimidation to convince you to send money (such as impersonating a law enforcement officer or IRS agent). • Watch out for deposit schemes. For example, a fraudster might request that you deposit the fraudster’s check into your account then return a small portion of those funds. After the fraudster’s check to you bounces, you are still responsible for the funds you send to the fraudster. • Always write checks in a manner that prevents a fraudster from adding words, numbers, or making other changes without your authorization. • Safeguard your supply of unused checks, destroy checks you do not intend to use, and never sign blank checks. • If you have a business account, you should take the following additional steps: > Assign responsibilities for the business account to multiple individuals and periodically reassign their duties. > Have different people reconcile statements and withdraw funds. > Watch for checks cashed out of sequence or made out to cash as flags for embezzlement. > Review activity for unexpected fluctuations such as the percentage of cash deposits to total deposit size. > Obtain insurance coverage for bank account fraud risks. > Watch out for imposters impersonating vendors or if an alleged vendor changes their payment instructions. > Only send trusted employees to deliver checks or make deposits. > Subscribe to Nicolet’s positive pay services, which is a service that identifies unauthorized checks written on your account before they are honored, which will eliminate or reduce the risk of loss. (Contact Nicolet for more information on this service). If you elect not to use positive pay when it is available, we will not be responsible to you for any losses that you could have avoided or reduced by utilizing the services. For debit cards: • Subscribe to Nicolet’s on-line banking (which is free of charge) and check your transactions often. Waiting to review your monthly statements will delay your discovery of fraud and will often be too late to recover funds from a fraudster. Notify us immediately of any unauthorized charges. • Always protect your card and keep it in a safe place, just like you would cash. • Create a PIN that does not include any personal information (such as birth date, name, or address). • Memorize your PIN. Never tell it to anyone, and never write it down. • Change your PIN every six months. • Shop with merchants you know and trust. • Make sure your internet transactions are secure. Look for secure transaction symbols. • Log off from any site after you make a purchase. • Avoid sending your card number through an unsecured email and do not give the number to anyone over the phone unless you made the call. • Destroy your old card immediately after you receive a replacement card. • Before using an attended or unattended merchant terminal, look at it for possible tampering or for the presence of any unauthorized attachment that could capture your card information or PIN. Except when the law requires otherwise, we are not legally responsible to you for your own errors or negligent use of our online or mobile banking services, and we will not be responsible for or cover losses due to: (a) your misuse of any service, (b) your input errors, (c) any unauthorized access to your account resulting from your negligence or your failure to take reasonable steps to avoid your own loss, (d) leaving your computer or device unattended while using online or mobile services, (e) viruses which enter your computer or device by your acts in downloading programs, opening emails or attachment or sharing diskettes. ", "4-d5c0": "NICOLET NATIONAL BANK ADDENUM 2 TO ACCOUNT AGREEMENT ARBITRATION PROVISION AND CLASS ACTION WAIVEREither you or we can require that the sole and exclusive forum for resolution of a Claim (as defined below) be final and binding arbitration pursuant to this Arbitration Provision unless you opt-out of this Arbitration Provision (as described in section (10) below). If you do not opt-out of this Arbitration Provision, and either you or we demand arbitration of a Claim, then arbitration of the Claim shall be mandatory. This Arbitration Provision is governed by the Federal Arbitration Act and made in connection with a transaction in interstate commerce.1. Waiver of Legal Rights. THIS ARBITRATION PROVISION AFFECTS YOUR LEGAL RIGHTS. You understand that you have a right to litigate disputes through a court but, by not opting out of this Arbitration Provision, you waive that right and agree to resolve Claims exclusively and finally through binding arbitration. A neutral arbitrator, not a judge or jury, will determine your rights. You are entitled to a fair hearing, but the arbitration procedures are generally more simplified and limited than rules applicable in court. Final arbitrator decisions are enforceable as any court order would be and are subject to very limited review by a court.2. Claims subject to arbitration. For purposes of this Arbitration Provision, “Claim” includes any past, present, or future claim, dispute, or controversy involving you (or persons claiming through you) and us relating to or arising out of the Account Agreement and/or the activities or relationships that involve or result from the Account Agreement including the validity or enforceability of this Arbitration Provision. Claims are subject to this Arbitration Provision regardless of whether they arise from contract, tort, statute, regulation, common law, principals of equity, or otherwise. Notwithstanding the foregoing, this Arbitration Provision does not include actions brought in small claims court (or an equivalent court) so long as the claim is pending only in that court.3. Notice of Claim and Opportunity to Cure. Prior to initiating an arbitration that asserts a Claim, the party asserting the Claim shall give the other party written notice of the Claim (a “Notice of Claim”) and not less than 45 days to resolve the Claim. If you are sending a Notice of Claim to us, send it to Nicolet National Bank, ATTN: Deposit Operations, PO Box 23900, Green Bay, WI 54305 and include the claimant’s name, address, account number, an explanation of the nature of the Claim, and a description of the relief demanded.4. Arbitration Provider. You or we may choose the following arbitration provider with its applicable rules: the American Arbitration Association or any other arbitration provider that is neutral and independent. If the parties cannot agree on an arbitration provider, a court of law will select a substitute provider. You can obtain a copy of the rules of the selected Arbitration Provider by contacting them or by visiting their website. The Arbitration Provider shall follow substantive law of the Location (as defined in section (6), below) in making an award and shall have the authority to order specific performance, compensatory damages, punitive damages, and any other relief allowed by applicable law.5. Rules and Costs. The Arbitration Provider shall maintain written rules regarding administration of the arbitration (governing activities such as discovery, hearing, appeal, and costs), and both parties agree to abide by such rules. The administrative fees, arbitrator compensation, and other costs related to the arbitration shall be paid in accordance with the rules of the Arbitration Provider and shall be reasonable. Each party shall bear the expense of their own attorneys’ fees, expert fees, witnesses, and other expenses, except as otherwise provide by the rules of the Arbitrator Provider or by law. If a statute gives you the right to recover any fees from us, those statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. If the Arbitrator Provider finds that either of us did not assert a Claim in good faith or that the Claim was frivolous, the party bringing that Claim agrees to reimburse the other for all costs.6. Location. Any arbitration initiated pursuant to this Arbitration Provision will take place in the city nearest to your primary residence where a federal district court is located or at such other location as agreed by the parties. If your Claim seeks damages of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, in a telephonic or remote-video hearing, or in an in-person hearing.7. Class Action Waiver. YOU AGREE TO BRING ANY ARBITRATION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitration Provider may not consolidate your claim with any other person's claim and may not otherwise preside over any form of a representative or class proceeding. The Arbitration Provider will have no power to conduct a class or representative arbitration. The Arbitration Provider will have no power to make any award for the benefit of, or against, any person other than the individual who is the named party in the arbitration.8. Judgement and Appeals. Judgment upon the Arbitration Provider’s award may be entered by a court having competent jurisdiction. The Arbitration Provider’s decision shall be final and binding, except for any right of appeal provided by the Arbitration Provider’s rules. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that specific arbitration, and no finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.9. Other Exceptions. This Arbitration Provision does not apply to military members or their dependents, as defined by the Military Lending Act.10. Opt-Out: YOU MAY CHOOSE NOT TO AGREE TO THIS ARBITRATION PROVISION (“OPT-OUT”) BY SENDING A WRITTEN LETTER TO NICOLET NATIONAL BANK, ATTN: DEPOSIT OPERATIONS, PO BOX 23900, GREEN BAY, WI 54305 WITHIN THIRTY (30) DAYS AFTER: (I) THE DATE THAT WE OPEN YOUR ACCOUNT, OR (II) THIRTY (30) DAYS AFTER YOU RECEIVE THIS AGREEMENT, WHICHEVER IS LATER (THE “OPT-OUT” DEADLINE). The written notice must state that you do not agree to must postmark the notice no later than the Opt-Out Deadline. The written letter must include your name, address, and account numbers to which the opt-out applies. All owners of the Account must sign the written notice for it to be effective.11. Severability. 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Postings of interest and other bank-initiated transactions do not count as account activity. ^Statement fees apply to all Business Deposit Products (except Agri-Business checking) The above services and fees are subject to change without notice, unless prohibited by law. Effective as of 05.08.2024.", "c_sel_acct_misc_interestbearingflag": "1", "c_sel_disc_xcls_nonindividualprivacydisclosureflag": "0", "c_sel_disc_xcls_solepropprivacydisclosureflag": "0", "d_cml_acct_plcy_includecommercialatmagreementflag": "0", "d_cml_addl_bsne_resolutionpowerrequiredsigners": "1", "d_cml_addl_plcy_omitsoleproprietorshippayondeathflag": "0", "d_cns_acct_misc_multipleownertitleorflag": "1", "d_cns_acct_plcy_substituteckclaimmaxrefundtime": "45", "d_cns_acct_plcy_substituteckclaimprovamount": "2,500.00", "d_cns_acct_plcy_substituteckclaimprovtimelimit": "10", "d_cns_acct_plcy_substituteckclaimtimelimit": "40", "d_cns_acct_plcy_substituteckoralclaimpolicyflag": "0", "d_cns_name_depr_includespouseacknolwedgmentflag": "0", "d_gnl_acct_depr_accountownershipcount": "0", "d_gnl_acct_depr_onlineaccountopeningflag": "1", "d_gnl_acct_depr_producttypecount": "2", "d_gnl_acct_inst_factactnoticesuppressflag": "0", "d_gnl_acct_misc_dbatitleincludeownerflag": "0", "d_gnl_acct_misc_trusttitleincludetrusteesflag": "1", "d_gnl_acct_misc_utmaminorageflag": "0", "d_gnl_acct_plcy_consumercreditinquiryomitflag": "0", "d_gnl_acct_plcy_displaycardnumberflag": "0", "d_gnl_addl_inst_certificationofbeneficialownersexclusionflag": "0", "d_gnl_addl_inst_fundsavailabilityexceptionamount": "6,725.00", "d_gnl_addl_inst_fundsavailabilitythresholdchangesflag": "0", "d_gnl_addl_inst_globalsuppressfinancialinstitutionsignerflag": "1", "d_gnl_addl_inst_proprietaryatmfundsavailabilityflag": "0", "d_gnl_addl_misc_achdebitdisplayallreasonsflag": "1", "d_gnl_addl_misc_achwrittenstatementincludenotaryflag": "0", "d_gnl_addl_misc_fundstransferincluderevocationflag": "1", "d_gnl_addl_misc_overdraftavailableandactualbalanceflag": "0", "d_gnl_addl_misc_stoppaymentacheffectivetimeperiodnumber": "6", "d_gnl_addl_misc_stoppaymenteffectivetimeperiodnumber": "6", "d_gnl_addl_misc_suppressecoaflag": "1", "d_gnl_addl_misc_suppresseftfortimedepositflag": "1", "d_gnl_addl_misc_terminatenightdepositoryagreementflag": "1", "d_gnl_addl_misc_trustsestatessubjecttofeesflag": "1", "d_gnl_addl_prod_generaltermsspecialtermsandconditions": "HEALTH SAVINGS ACCOUNTS. It is your responsibility to ensure that withdrawals or distributions from your health savings account (“HSA”) comply with the law. The Bank is not responsible for ensuring that any withdrawals or distributions from your HSA are for the proper purpose or comply with applicable law. These disclosures are intended to work in conjunction with the HSA Agreement provided to you, but, in the event of a conflict between these disclosures and the HSA Agreement, the HSA Agreement shall control. LOST OR STOLEN CHECK(S). In addition to the procedures set forth in the Electronic Fund Transfers Disclosure, if a check or negotiable item is lost, stolen, destroyed or misappropriated, you shall give notice to the Bank immediately. You may give oral notice to the Bank, however the Bank may require, any oral notice to be confirmed in writing and received by the Bank within fourteen (14) days. The Bank will not be responsible for any loss resulting from the presentation of lost, stolen or misappropriated instruments, unless the Bank has received prior notice and has had a reasonable time period to act upon such notice. The Bank may, in its sole discretion and without assuming any liability, permit continued use of your account or order your account closed. Notice shall be given to the Bank in writing at P.O. Box 23900, Green Bay, Wisconsin 54305-3900, or by telephone at 800-369-0226. Before permitting use of your account or opening a new account, the Bank may, in its sole discretion, require a waiting period, proof by affidavit of the loss, theft, destruction or misappropriation, a bond of indemnity from a corporate surety (in a form satisfactory to the Bank) and your written Terms and Conditions to cooperate fully in an investigation of the circumstances surrounding such loss, theft, destruction or misappropriation and in the prosecution of any person(s) who misappropriated said instrument. LEGAL COMPLIANCE. By maintaining an account with the Bank, you agree to cooperate with the Bank in the preparation of any forms or reports which the Bank deems necessary or appropriate in compliance with the federal Bank Secrecy Act, Patriot Act, Bank Protection Act or similar federal, state and/or local laws and regulations, as amended from time to time, (collectively “Security Acts”), and you authorize the submission of such forms or reports to governmental agencies as may be required by the Security Acts. You agree to take no action which might frustrate or impede the recordkeeping or reporting obligations imposed upon the Bank by the Security Acts. INDEMNITY. If you ask the Bank to follow instructions that the Bank believes might expose the Bank to claims, suits, losses, expenses, liabilities or damages, whether directly or indirectly, the Bank may refuse to follow the instructions or the Bank may require a bond, an indemnification on a form acceptable to the Bank or such other protection as the Bank, in its sole discretion, deems necessary. PLEDGE OF ACCOUNTS. You may not pledge or grant a security interest or other lien in your account without the prior written consent of the Bank. In addition, you may not pledge or grant a security interest or other lien in your account if it is considered to be nontransferable by applicable law or regulation. Even if the pledging or granting of a security interest or other lien in your account is permitted by applicable law or regulation and the Bank has given its prior written consent, your account and the funds in it remain subject to the Bank’s right of setoff and security interest unless such right of setoff and security interest are specifically waived in writing by the Bank. LEAP YEAR. You acknowledge and agree that the Bank shall calculate interest on deposit accounts based upon the actual number of days in a calendar year. For non-leap years you agree that the Bank shall apply a daily rate of interest of 1/365th. For a leap year you agree that the Bank may apply a daily rate of interest of 1/366th during the leap year for all accounts earning interest that are open on or prior to February 29th. MASTER ACCOUNTS AND SUBACCOUNTS. For purposes of this section, a “checking account” is an account that does not have any limit on the number of checks or other items that can be submitted for payment against the account in a month. For checking accounts (including checking accounts that pay interest and those that do not), the Bank may establish on your behalf a master account and two subaccounts. All information the Bank provides to you about your account will be at the master account level. The subaccounts consist of a “transaction account” and a “non-transaction account.” “Transaction account” and “non-transaction account” refer to the way the Bank classifies these accounts in its records for purposes of federal regulations. On the first day of each month, the Bank will allocate funds between the two subaccounts as the Bank considers appropriate. When the Bank receives items for payment from your master account, the Bank will charge those items against the transaction subaccount. The Bank will then transfer funds from the non-transaction subaccount to the transaction subaccount as necessary to cover the items. On the sixth transfer from the non-transaction subaccount during a month, the Bank will transfer all remaining funds on deposit in the non-transaction subaccount to the transaction subaccount. If your checking account earns interest, the use of subaccounts will not affect the interest you earn. Nothing in this section requires the Bank to pay any item that exceeds your available balance. ", "d_gnl_addl_prod_includeadditionalavailabilityinformationflag": "0", "d_gnl_addl_prod_specialtermsandconditions": "HEALTH SAVINGS ACCOUNTS. It is your responsibility to ensure that withdrawals or distributions from your health savings account (“HSA”) comply with the law. The Bank is not responsible for ensuring that any withdrawals or distributions from your HSA are for the proper purpose or comply with applicable law. These disclosures are intended to work in conjunction with the HSA Agreement provided to you, but, in the event of a conflict between these disclosures and the HSA Agreement, the HSA Agreement shall control. LOST OR STOLEN CHECK(S). In addition to the procedures set forth in the Electronic Fund Transfers Disclosure, if a check or negotiable item is lost, stolen, destroyed or misappropriated, you shall give notice to the Bank immediately. You may give oral notice to the Bank, however the Bank may require, any oral notice to be confirmed in writing and received by the Bank within fourteen (14) days. The Bank will not be responsible for any loss resulting from the presentation of lost, stolen or misappropriated instruments, unless the Bank has received prior notice and has had a reasonable time period to act upon such notice. The Bank may, in its sole discretion and without assuming any liability, permit continued use of your account or order your account closed. Notice shall be given to the Bank in writing at P.O. Box 23900, Green Bay, Wisconsin 54305-3900, or by telephone at 800-369-0226. Before permitting use of your account or opening a new account, the Bank may, in its sole discretion, require a waiting period, proof by affidavit of the loss, theft, destruction or misappropriation, a bond of indemnity from a corporate surety (in a form satisfactory to the Bank) and your written Terms and Conditions to cooperate fully in an investigation of the circumstances surrounding such loss, theft, destruction or misappropriation and in the prosecution of any person(s) who misappropriated said instrument. LEGAL COMPLIANCE. By maintaining an account with the Bank, you agree to cooperate with the Bank in the preparation of any forms or reports which the Bank deems necessary or appropriate in compliance with the federal Bank Secrecy Act, Patriot Act, Bank Protection Act or similar federal, state and/or local laws and regulations, as amended from time to time, (collectively “Security Acts”), and you authorize the submission of such forms or reports to governmental agencies as may be required by the Security Acts. You agree to take no action which might frustrate or impede the recordkeeping or reporting obligations imposed upon the Bank by the Security Acts. INDEMNITY. If you ask the Bank to follow instructions that the Bank believes might expose the Bank to claims, suits, losses, expenses, liabilities or damages, whether directly or indirectly, the Bank may refuse to follow the instructions or the Bank may require a bond, an indemnification on a form acceptable to the Bank or such other protection as the Bank, in its sole discretion, deems necessary. PLEDGE OF ACCOUNTS. You may not pledge or grant a security interest or other lien in your account without the prior written consent of the Bank. In addition, you may not pledge or grant a security interest or other lien in your account if it is considered to be nontransferable by applicable law or regulation. Even if the pledging or granting of a security interest or other lien in your account is permitted by applicable law or regulation and the Bank has given its prior written consent, your account and the funds in it remain subject to the Bank’s right of setoff and security interest unless such right of setoff and security interest are specifically waived in writing by the Bank. LEAP YEAR. You acknowledge and agree that the Bank shall calculate interest on deposit accounts based upon the actual number of days in a calendar year. For non-leap years you agree that the Bank shall apply a daily rate of interest of 1/365th. For a leap year you agree that the Bank may apply a daily rate of interest of 1/366th during the leap year for all accounts earning interest that are open on or prior to February 29th. MASTER ACCOUNTS AND SUBACCOUNTS. For purposes of this section, a “checking account” is an account that does not have any limit on the number of checks or other items that can be submitted for payment against the account in a month. For checking accounts (including checking accounts that pay interest and those that do not), the Bank may establish on your behalf a master account and two subaccounts. All information the Bank provides to you about your account will be at the master account level. The subaccounts consist of a “transaction account” and a “non-transaction account.” “Transaction account” and “non-transaction account” refer to the way the Bank classifies these accounts in its records for purposes of federal regulations. On the first day of each month, the Bank will allocate funds between the two subaccounts as the Bank considers appropriate. When the Bank receives items for payment from your master account, the Bank will charge those items against the transaction subaccount. The Bank will then transfer funds from the non-transaction subaccount to the transaction subaccount as necessary to cover the items. On the sixth transfer from the non-transaction subaccount during a month, the Bank will transfer all remaining funds on deposit in the non-transaction subaccount to the transaction subaccount. If your checking account earns interest, the use of subaccounts will not affect the interest you earn. Nothing in this section requires the Bank to pay any item that exceeds your available balance. ", "d_gnl_addl_trst_includedirectoryoftrustbeneficiariesflag": "0", "d_gnl_addr_inst_substituteckcontactinfo": "P.O. Box 23900 Green Bay WI 54305-3900", "d_gnl_addr_inst_substituteckphonenumber": "800-369-0226", "d_gnl_misc_prod_achandwiretransferssub": "ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Wisconsin . If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.If you are a party to an Automated Clearing House (\"ACH\") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association (\"NACHA\") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.", "d_gnl_misc_prod_amendmentsandalterationssub": "#suppress#", "d_gnl_misc_prod_authorizedsignerssub": "SIGNATURES. Your signature on the Account Information or Signature Card document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.Further, most checks, and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks, and other items, i.e., without individual review of each check, or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.", "d_gnl_misc_prod_dormantaccountssub": "DORMANT and INACTIVE. If you do not make any deposits or withdrawals from your account, or you fail to maintain contact with the Bank (e.g. return of mail to the last known address for the account, etc.) for six (6) consecutive months on your checking account, one (1) year on health savings accounts and thirty-six months (36) on savings accounts, your account will be classified as inactive. Your account will remain classified as inactive until you make a deposit or withdrawal or otherwise notify the Bank of your interest in the account. The Bank may classify accounts as dormant or inactive for other reasons. These reasons are not disclosed in the Truth and Savings for security purposes. Upon the expiration of the term of a certificate of deposit classified as inactive, the certificate may be automatically converted by the Bank into a non-interest bearing account at the Bank’s sole discretion unless you contact the Bank and direct otherwise. Upon your account being classified as inactive, a monthly service charge, as set forth in the then-current Commercial or Consumer Services and Fees disclosure, may be assessed and deducted from your account from the date of such classification. If the balance in your account reaches zero after the assessment of inactivity fees, dormant account fees or other service fees, the Bank may close your account. ESCHEAT. Under applicable state law, any account which has not had activity for a certain period is deemed to be escheatable. Any and all funds in your account that are determined to be escheatable will be withdrawn and paid to the applicable government entity. An escheat fee may be deducted from your account prior to payment being made to the state. The Bank is relieved from all responsibility to any party if your account is escheated. ", "d_gnl_misc_prod_generalagreementaddl": "Except for those changes that require 30 days’ notice (see above), we may change the terms of this Agreement or its exhibits at any time. In the event of any change, we may notify you by one or more of the following methods: (a) by sending the notice to you by paper or electronically at the most recent mailing address or e-mail address identified in our records and, if there is more than one owner for your account we may address the notice to any one of the account owners, (b) by posting a notice of the change or making the revised agreement available on our digital banking site at www.nicoletbank.com, (c) by including a message on or with your account statement, (d) by telling you about the change when you ask for an account related service. By continuing to use your account after the effective date of any change, you confirm your agreement to the change. If your account pays interest, the terms and conditions governing changes in interest rates are provided separately on the Truth-In-Savings disclosure or in another document.", "d_gnl_misc_prod_generaltermsacctlawsandregulationsaddl": "Notwithstanding the foregoing, if your account is opened online via our website, the governing law will be the laws of the State of Wisconsin. ", "d_gnl_misc_prod_generaltermsachandwiretransferssub": "ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted in the state of Wisconsin . If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named.If you are a party to an Automated Clearing House (\"ACH\") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association (\"NACHA\") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.", "d_gnl_misc_prod_generaltermsamendmentsandalterationssub": "#suppress#", "d_gnl_misc_prod_generaltermsauthorizedsignerssub": "SIGNATURES. Your signature on the Account Information or Signature Card document is your authorized signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instructions is not genuine.Further, most checks, and other items are processed automatically, i.e., without individual review of each item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable banking practices by automatically processing checks, and other items, i.e., without individual review of each check, or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.", "d_gnl_misc_prod_generaltermsdormantaccountssub": "DORMANT and INACTIVE. If you do not make any deposits or withdrawals from your account, or you fail to maintain contact with the Bank (e.g. return of mail to the last known address for the account, etc.) for six (6) consecutive months on your checking account, one (1) year on health savings accounts and thirty-six months (36) on savings accounts, your account will be classified as inactive. Your account will remain classified as inactive until you make a deposit or withdrawal or otherwise notify the Bank of your interest in the account. The Bank may classify accounts as dormant or inactive for other reasons. These reasons are not disclosed in the Truth and Savings for security purposes. Upon the expiration of the term of a certificate of deposit classified as inactive, the certificate may be automatically converted by the Bank into a non-interest bearing account at the Bank’s sole discretion unless you contact the Bank and direct otherwise. Upon your account being classified as inactive, a monthly service charge, as set forth in the then-current Commercial or Consumer Services and Fees disclosure, may be assessed and deducted from your account from the date of such classification. If the balance in your account reaches zero after the assessment of inactivity fees, dormant account fees or other service fees, the Bank may close your account. ESCHEAT. Under applicable state law, any account which has not had activity for a certain period is deemed to be escheatable. Any and all funds in your account that are determined to be escheatable will be withdrawn and paid to the applicable government entity. An escheat fee may be deducted from your account prior to payment being made to the state. The Bank is relieved from all responsibility to any party if your account is escheated. ", "d_gnl_misc_prod_generaltermsgeneralagreementaddl": "Except for those changes that require 30 days’ notice (see above), we may change the terms of this Agreement or its exhibits at any time. In the event of any change, we may notify you by one or more of the following methods: (a) by sending the notice to you by paper or electronically at the most recent mailing address or e-mail address identified in our records and, if there is more than one owner for your account we may address the notice to any one of the account owners, (b) by posting a notice of the change or making the revised agreement available on our digital banking site at www.nicoletbank.com, (c) by including a message on or with your account statement, (d) by telling you about the change when you ask for an account related service. By continuing to use your account after the effective date of any change, you confirm your agreement to the change. If your account pays interest, the terms and conditions governing changes in interest rates are provided separately on the Truth-In-Savings disclosure or in another document.", "d_gnl_misc_prod_generaltermsnonsufficientfundssub": "NON-SUFFICIENT FUNDS AND OVERDRAFTS - AVAILABLE BALANCE. PROCESSING ORDER. We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for them in the order that they are processed, we may charge you non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.NICOLET NATIONAL BANK PROCESSING ORDER POLICY. The Bank’s policy regarding the order of payments is to process items in the following order: >wire transfers first, on the day they are processed; >debit card transactions including ATM withdrawals, on the day they are processed; >online and telephone banking transactions, on the day they are processed; >ACH transactions, on the day they are processed; >Teller transactions, checks and other similar items, in check number order ascending numerically from lowest to highest numbered item on the day they are processed (an item without a check number will post before a numbered item); >Internal pre-arranged transfers, on the day they are processed. The Bank processes online bill pay transactions differently depending on whether the receiver accepts ACH payments. If the receiver accepts ACH payments, bill pay transactions are processed the same as other ACH transactions. If not, a check is issued and processed the same as other checks. ", "d_gnl_misc_prod_generaltermspowerofattorneysub": "POWER OF ATTORNEY. If you wish to grant another person to act as your attorney-in-fact or agent in connection with your account, we must approve the written form of such appointment. If you elect to revoke any such appointment, your revocation does not become binding on us until we have received written notice of your revocation, and we have a reasonable amount of time to act on it. ", "d_gnl_misc_prod_generaltermsstatementssub": "STATEMENTS. We will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 14 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law. Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or otherwise make the statement or items available to you, even if we failed to exercise ordinary care. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.", "d_gnl_misc_prod_generaltermsstoppaymentssub": "STOP PAYMENTS.STOP PAYMENT ON CHECKS. You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on a check for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the authorized signers of the account regardless of who signed the check. We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received the check.STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 1 year. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization). The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law.You may be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request.", "d_gnl_misc_prod_generaltermstransfersandassignmentssub": "TRANSFERS AND ASSIGNMENTS. If you wish to change ownership of this account (by adding, deleting, or changing owners), we may require additional information from you before any such change is effective. Ownership of the account can only be transferred if we consent to the change in writing and we change our records to reflect the new ownership. Alternatively, we may require you to close the account and open a new account in the name of the new owners. This Agreement is binding on your personal representatives, executors, administrators, and successors, as well as our successors and assigns.", "d_gnl_misc_prod_generaltermswithdrawalssub": "WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms of the Disclosures. Withdrawals may be subject to a service charge. Withdrawals from an account may only be made according to the procedures established by the Bank from time to time, and the Bank reserves the right to require not less than seven (7) days advance notice prior to permitting any withdrawal from any interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. The Bank also reserves the right to require up to six (6) days’ notice prior to withdrawal from a Demand Deposit Account. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty.", "d_gnl_misc_prod_generaltermsyourchoiceofaccountsub": "YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of account you have chosen. You acknowledge that it is your sole responsibility to determine whether the account type you have chosen is appropriate for your current or future needs. Except as required by applicable law, we assume no responsibility to inform you as to the legal effect(s) of your account choice.", "d_gnl_misc_prod_lawsandregulationsaddl": "Notwithstanding the foregoing, if your account is opened online via our website, the governing law will be the laws of the State of Wisconsin. ", "d_gnl_misc_prod_nonsufficientfundssub": "NON-SUFFICIENT FUNDS AND OVERDRAFTS - AVAILABLE BALANCE. PROCESSING ORDER. We will process debit and credit transactions in accordance with our processing order policy. The processing order of these debits and credits is important because if your account balance has insufficient funds to pay for them in the order that they are processed, we may charge you non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.NICOLET NATIONAL BANK PROCESSING ORDER POLICY. The Bank’s policy regarding the order of payments is to process items in the following order: >wire transfers first, on the day they are processed; >debit card transactions including ATM withdrawals, on the day they are processed; >online and telephone banking transactions, on the day they are processed; >ACH transactions, on the day they are processed; >Teller transactions, checks and other similar items, in check number order ascending numerically from lowest to highest numbered item on the day they are processed (an item without a check number will post before a numbered item); >Internal pre-arranged transfers, on the day they are processed. The Bank processes online bill pay transactions differently depending on whether the receiver accepts ACH payments. If the receiver accepts ACH payments, bill pay transactions are processed the same as other ACH transactions. If not, a check is issued and processed the same as other checks. ", "d_gnl_misc_prod_powerofattorneysub": "POWER OF ATTORNEY. If you wish to grant another person to act as your attorney-in-fact or agent in connection with your account, we must approve the written form of such appointment. If you elect to revoke any such appointment, your revocation does not become binding on us until we have received written notice of your revocation and we have a reasonable amount of time to act on it. ", "d_gnl_misc_prod_statementssub": "STATEMENTS. We will provide you with a periodic statement showing the account activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 14 days after we mail or otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law. Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or otherwise make the statement or items available to you, even if we failed to exercise ordinary care. However, if the discrepancy is the result of an electronic fund transfer, the provisions of the Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.", "d_gnl_misc_prod_stoppaymentssub": "STOP PAYMENTS. STOP PAYMENT ON CHECKS. You may stop payment on a check drawn against your account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on a check for six months or until we receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment Order for an additional six months by providing a request to us in a record or writing within the time period the Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the authorized signers of the account regardless of who signed the check. We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's banking day, following the banking day on which your branch received the check. STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry, otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 1 year. A Stop Payment Order on an ACH debit will remain in effect until the earlier of 1) your withdrawal of the Stop Payment Order, or 2) the return of the debit entry, or, where a Stop Payment Order is applied to more than one debit entry under a specific authorization involving a specific payee (Originator), the return of all such debits. When a stop is placed on a multiple debit entry transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization for the transfer with the payee (a Stop Payment Order does not revoke authorization). The Stop Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A in effect in the state in which we are located, the Electronic Fund Transfer Act (Regulation E), NACHA Operating Rules, and any applicable state law. You may be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request. ", "d_gnl_misc_prod_transfersandassignmentssub": "TRANSFERS AND ASSIGNMENTS. If you wish to change ownership of this account (by adding, deleting, or changing owners), we may require additional information from you before any such change is effective. Ownership of the account can only be transferred if we consent to the change in writing and we change our records to reflect the new ownership. Alternatively, we may require you to close the account and open a new account in the name of the new owners. This Agreement is binding on your personal representatives, executors, administrators, and successors, as well as our successors and assigns.", "d_gnl_misc_prod_withdrawalssub": "WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms of the Disclosures. Withdrawals may be subject to a service charge. Withdrawals from an account may only be made according to the procedures established by the Bank from time to time, and the Bank reserves the right to require not less than seven (7) days advance notice prior to permitting any withdrawal from any interest-bearing account other than a time deposit, or from any other savings account as defined by Regulation D. The Bank also reserves the right to require up to six (6) days’ notice prior to withdrawal from a Demand Deposit Account. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty.", "d_gnl_misc_prod_yourchoiceofaccountsub": "YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of account you have chosen. You acknowledge that it is your sole responsibility to determine whether the account type you have chosen is appropriate for your current or future needs. Except as required by applicable law, we assume no responsibility to inform you as to the legal effect(s) of your account choice.", "d_gnl_misc_titl_certoftrusttitleflag": "1", "d_gnl_name_depr_durableagentflag": "1", "d_gnl_name_depr_redeemercount": "1", "d_gnl_ntry_sign_trustauthorizationomitnotarysectionflag": "1", "d_gnl_xcls_inst_acknowledgementflag": "0", "d_gnl_xcls_inst_atmadddepositinformation": "Deposits made at automated teller machines (ATMs) will not be considered received until the next business day. Funds from an ATM deposit will not be available to you until the first business day after the business day of deposit. 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