REAL CASH BACK CHECKING TERMS AND CONDITIONS

GENERAL ACCOUNT TERMS

• "You," "your," "account owner," and "party" refer to the customer whether or not there are one or more customers 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.

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, 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 30 days 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.

Account Ownership Descriptions - Uniform Single-Party or Multiple-Party Account Form. Pursuant to Wisconsin law, we are required to provide you with this disclosure. The following paragraphs describe some of the accounts which are offered to you.

Single-Party Account. A single-party account is owned by the named party and upon the party's death, ownership passes to the deceased party's estate.

P.O.D. Account With Single-Party. A P.O.D. account with single-party is owned by the named party. Upon the death of such party, ownership passes to the surviving named P.O.D beneficiaries in equal shares unless otherwise indicated. The party may change the named beneficiaries at any time by written direction in a form acceptable to us. If no beneficiaries survive the single party, then the account will be treated as a single-party account. A single-party account is owned by the named party and upon the party's death, ownership passes to the deceased party's estate.

P.O.D. Account With Multiple Parties. A P.O.D. account with multiple parties is jointly owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Upon the death of all such parties, ownership passes to the surviving named P.O.D. beneficiaries in equal shares unless otherwise indicated. The party may change the named beneficiaries at any time by written direction in a form acceptable to us. If multiple parties survive all beneficiaries, then the account will be treated as a joint account (with right of survivorship). A joint account (with right of survivorship) is jointly owned by the named parties. Upon the death of any of them, the ownership passes to the survivors who will continue to jointly own the account as a joint account (with right of survivorship). When there is only one surviving party, the account will be treated as a single-party account. A single-party account is owned by the named party and upon the party's death, ownership passes to the deceased party's estate.

Joint With Right of Survivorship Account. A joint account (with right of survivorship) is jointly owned by the named parties. Upon the death of any of them, the ownership passes to the survivors who will continue to jointly own the account as a joint account (with right of survivorship). When there is only one surviving party, the account will be treated as a single-party account. A single-party account is owned by the named party and upon the party's death, ownership passes to the deceased party's estate.

Accounts for Minors. If an account is established for a minor as a joint account with an owner who has reached the age of majority in accordance with state law, they are jointly and severally liable to us for any returned Item, overdraft, or unpaid amount on such account and for any related fees and charges. We may pay funds directly to the minor regardless of their age. Unless a parent or guardian is an account owner, the parent or guardian will not have access to the account. We have no duty to inquire about the use or purpose of any transaction except as required by applicable law. We may not change the account status when the minor reaches the age of majority unless the change is authorized in writing by all account owners.

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.

Authorization To Obtain Information. You authorize us to check your account, credit and employment history, and obtain reports from third parties, including credit and consumer reporting agencies, to verify your eligibility for the account, products and services you request and for other accounts, products, or services we may offer you or for which you may qualify.

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.

Financial Exploitation. As permitted by law, we may act or decline to act to prevent, stop, or mitigate financial exploitation of an adult. For example, we may (1) delay, decline, or place a hold on a transaction or disbursement involving the adult; (2) approve or deny other requests or modifications to the account, such as a transfer of funds, change in ownership, or change in beneficiaries; or (3) notify a third party of the financial exploitation. We will not be liable for the actions we take on the account if we acted in good faith and exercised reasonable care. For purposes of this section, "adult" means vulnerable adult, elder adult, senior adult, eligible adult, or other person as defined by applicable law.

Authorized Signer (Agent) Designation. You may make an agency designation pursuant to Chapter 705 of Wisconsin Statutes Annotated. Transactions for your account may be made by the agent(s) you have named. The designation does not itself create any ownership or right of survivorship. We shall have no liability for payments made to your agent in accordance with these Terms. Whether or not the agent(s) is/are the spouse of a party, the agent's authority shall terminate unless you have specifically provided that the agent's(s') authority is exercisable notwithstanding the subsequent legal disability of any party ("Durable"). A Durable agency designation is governed by WI statute 705.05(3). If you failed to specify whether or not the agent's authority survives or instead terminates upon your disability or incapacity, the authority will be presumed to survive your disability or incapacity. Death of the sole party or last surviving party terminates the authority of the agent. To the extent permitted by law, we may rely upon the authority of the agent(s) until we have knowledge of an event terminating the agent's(s') authority and have had a reasonable opportunity to act upon it.

Marital Property. When the account is a joint account between two parties authorized by law to hold marital property together and the account is titled as joint tenants with right of survivorship, the account will be owned by the parties who fund the account with marital property and hold the property with right of survivorship. Upon the death of either party, the property will vest in and belong to the surviving party. If the account is titled without an indication that it is owned as joint tenants with rights of survivorship, the account will be owned by the parties and all property in the account, including earnings, will be held as marital property without right of survivorship; and upon the death of either party, one-half of the property will vest in and belong to any beneficiaries under a payable on death beneficiary designation you have made or, if none, to the estate of the deceased party. If you are residing in a marital property state, you and your spouse may be required to complete additional documentation if your spouse is not an account owner on the joint account or designated as your primary beneficiary on the account.

Multiple Account Owners. If there is more than one account owner for your account, all deposits are the property of the person(s) indicated on the account. We may release all or any part of the amount in the account to honor checks, orders, or other items, or withdrawals or requests from any person named on this account. However, the number of required signatures must be met. Any person named on the account is liable for an amount equal to the overdrawn balance plus any overdraft fees regardless of whether he or she signed the item or benefited from the proceeds of the item. Upon receiving written notice from any person named on the account, we may freeze the account. The account may be frozen until we receive written notice, signed by all parties named in the account, as to the disposition of funds. We may also freeze the account upon receipt of notice of the death or incapacity of an account owner until we have received all necessary documentation to establish to whom payment should be made. We may use the funds to satisfy a debt or judgment of any person named on this account if ordered to do so by a court of law.

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.

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. 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.

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 disclosures.

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 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.

Special Account Instructions. You may request that we facilitate certain trust, will, or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or provide us with other protection. We may require that account changes requested by any account owner, such as adding or closing an account or service, be evidenced by a signed document that evidences a change to an account and accepted by us. You and any surviving owner or beneficiary agree to indemnify and hold us harmless from any claim or liability asserted against us as a result of the disposition of funds in reliance on these Terms and any account designations of yours.

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. If your account is held jointly, that is, if there is more than one account owner, we may offset funds for the debt of any one of the joint owners. Similarly, we may also set-off funds from the individual accounts of any one of the joint owners to satisfy obligations or debts in the joint account. 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(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account owners. 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 these Terms or other disclosures.

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 if advance notice is required by law. If applicable, a notice may be sent to you that specifies when the account will be closed. 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 address or name changes, death of an account owner, 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. 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 payments.

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:

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:

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.

ELECTRONIC FUNDS TRANSFER DISCLOSURE

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

Electronic Fund Transfer Services Provided

Debit Card Services. The services available through use of your Debit Card are described below.

• Debit Card Services:
•  You may withdraw cash from your checking account(s) savings account(s) money market account(s)
•  You may make deposits into your checking account(s) savings account(s) money market account(s)
•  You may transfer funds between your checking and savings accounts checking and money market accounts savings and money market accounts
•  You may make balance inquiries on your checking account(s) savings account(s) money market account(s)
•  You may use your card at any merchant that accepts Mastercard® Debit Cards for the purchase of goods and services.

ATM Services.

• Network. You can use your Debit Card to perform transactions at our ATM terminals and can access the accounts set forth above using our network.
  

Time Needed To Complete Terminal Transactions.

• Withdrawals made at an ATM terminal will normally be completed and charged to your account the next business day.
• Deposits made at an ATM terminal will normally be credited to your account the next business day. Deposits made, whether in cash, check, draft, or money order, are subject to our Funds Availability Policy Disclosure included in these Terms.
• Transfers of funds between accounts will normally be completed the next business day.
• Payments made at an ATM terminal will normally be completed the next business day.

Point of Sale Transactions. Listed below is the card you may use to purchase goods and services from merchants that have arranged to accept your card as a means of payment (these merchants are referred to as "Participating Merchants"). Some Participating Merchants may permit you to receive cash back as part of your purchase. Purchases made with your card, including any purchase where you receive cash, are referred to as "Point of Sale" transactions and will cause your "designated account" to be debited for the amount of the purchase. We have the right to return any check or other item drawn against your account to ensure there are funds available to pay for any Point of Sale transaction. We may, but do not have to, allow transactions which exceed your available account balance. If we do, you agree to pay an amount equal to the overdrawn balance plus any overdraft fees.
The following card and the corresponding designated account(s) may be used for Point of Sale transactions:

• Debit Card: checking account.

Your Debit Card may also be used to obtain cash from your designated account(s) at participating financial institutions when so authorized under these Terms.

AUTHORIZATION HOLDS. An authorization hold is a temporary hold that is placed on your account for certain Debit Card transactions. The amount of the temporary hold may be different than the actual amount of the transaction, so your available account balance will temporarily be reduced by the amount of the temporary hold. If the authorization hold or the processing of subsequent transactions causes your account to have insufficient funds to pay the transaction, we may charge you non-sufficient funds fees if we return the item or overdraft fees if we pay the item on your behalf.

Currency Conversion - Mastercard®. If you perform transactions with your card with the Mastercard® logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. At Mastercard International they use a currency conversion procedure, which is disclosed to institutions that issue Mastercard®. Currently the currency conversion rate used by Mastercard International to determine the transaction amount in US dollars for such transactions is based on rates observed in the wholesale market or government-mandated rates, where applicable. The currency conversion rate used by Mastercard International is generally the rate of the applicable currency on the date that the transaction occurred. However, in limited situations, particularly where transactions are submitted to Mastercard International for processing are delayed, the currency conversion rate used may be the rate of the applicable currency on the date that the transaction is processed.

Preauthorized Transfer Services.

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

Services Provided Through Use of Internet and Mobile Banking (Nicolet Bank Digital). Nicolet National Bank offers its customers use of our Internet and Mobile Banking (Nicolet Bank Digital) service.
Nicolet National Bank Internet and Nicolet Bank Digital include Online Banking Services, Mobile Banking Services, Mobile Deposit, My Cards, Alerts, Zelle, Account to Account Transfers, and Bill Payment Services. Additional Disclosures are made available online to you when signing up for Internet and Nicolet Bank Digital services.

Electronic Check Conversion. If your account is a checking account, you may authorize a merchant or other payee to make a one-time electronic payment from this account using information from your check to pay for purchases or to pay bills.

• The number and/or dollar amount limit of Point of Sale transactions will be provided to you when you receive your card.
• These Terms may limit the number of withdrawals you may make each month. Restrictions disclosed at the time you opened your account(s), or sent to you subsequently will also apply to your electronic withdrawals and electronic payments unless specified otherwise.
• We reserve the right to impose limitations for security purposes at any time.

Notice of Rights and Responsibilities

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

Right to Receive Documentation of Your Transfers.

Transaction Receipts. Depending on the location of an ATM, you may not be given the option to receive a receipt if your transaction is $15.00 or less. Upon completing a transaction of more than $15.00, you will receive a printed receipt documenting the transaction (unless you choose not to get a paper receipt). These receipts (or the transaction number given in place of the paper receipt) should be retained to verify that a transaction was performed. A receipt will be provided for any transaction of more than $15.00 made with your Debit Card at a Participating Merchant. If the transaction is $15.00 or less, the Participating Merchant is not required to provide a receipt.

Periodic Statements. If your account is subject to receiving a monthly statement, all EFT transactions will be reported on it. If your account is subject to receiving a statement less frequently than monthly, then you will continue to receive your statement on that cycle, unless there are EFT transactions, in which case you will receive a monthly statement. In any case you will receive your statement at least quarterly.

Preauthorized Deposits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company:

Using Your Card and Personal Identification Number ("PIN"). In order to assist us in maintaining the security of your account and the terminals, the Debit Card remains our property and may be revoked or canceled at any time without giving you prior notice. You agree not to use your Debit Card for a transaction that would cause your account balance to go below zero, or to access an account that is no longer available or lacks sufficient funds to complete the transaction, including any available line of credit. We will not be required to complete any such transaction, but if we do, we may, at our sole discretion, charge or credit the transaction to your account; you agree to pay us the amount of the improper withdrawal or transfer upon request.

Certain transactions involving your Debit Card require use of your PIN. Your PIN is used to identify you as an authorized user. Because the PIN is used for identification purposes, you agree to notify Nicolet National Bank immediately if your Debit Card is lost or if the secrecy of your PIN is compromised. You also agree not to reveal your PIN to any person not authorized by you to use your Debit Card or to write your PIN on your Debit Card or on any other item kept with your Debit Card. We have the right to refuse a transaction on your account when your Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual activity on your account.

The security of your account depends upon your maintaining possession of your Debit Card and the secrecy of your PIN. You may change your PIN if you feel that the secrecy of your PIN has been compromised. You may change your PIN via the telephone.

Rights Regarding Preauthorized Transfers.

Rights and Procedures to Stop Payments. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment,

• call us at: (800)369-0226
• or
• write to:
  P.O. Box 23900
  Green Bay, WI 54305-3900

We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.

Notice of Varying Amounts. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Our Liability for Failure to Stop Preauthorized Transfer Payments. If you order us to stop one of the payments and have provided us with the information we need at least three (3) business days prior to the scheduled transfer, and we do not stop the transfer, we will be liable for your losses or damages.

Consumer Liability. Tell us AT ONCE if you believe your Debit Card or PIN or internet banking access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code you can lose no more than fifty dollars ($50) if someone used your Debit Card or PIN or internet banking access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Debit Card or PIN or internet banking access code and we can prove we could have stopped someone from using your Debit Card or PIN or internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500).

Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account, if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

Consumer Liability For Unauthorized Transactions Involving Debit Card The limitations on your liability for unauthorized transactions described above generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your card with the Mastercard® branded card.
If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based ATM or POS transactions, zero liability will be imposed on you for the unauthorized transaction. In order to qualify for the zero liability protection, you must have exercised reasonable care in safeguarding your card from the risk of loss or theft and, upon becoming aware of such loss or theft, promptly reported the loss or theft to us.

Illegal Use of Debit Card. You agree not to use your Debit Card for any illegal transactions, including internet gambling and similar activities.

In Case of Errors or Questions About Your Transactions. In case of errors or questions about your electronic fund transfers,

• call us at: (800)369-0226
• or
• write to:
  Nicolet National Bank
  P.O. Box 23900
  Green Bay, WI 54305-3900
• or
• use the current information on your most recent account statement.

Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact Nicolet National Bank no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

• Your name and account number.
• A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
• The dollar amount of the suspected error.

If you provide oral notice, you will be required to send in your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.

Liability For Failure To Complete Transaction. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

• If through no fault of ours, you do not have enough money in your account to make the transfer.
• If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
• If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
• If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
• If we have terminated our agreement with you.
• When your Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction.
• If we receive inaccurate or incomplete information needed to complete a transaction.
• In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
• If the funds in the account are subject to legal action preventing a transfer to or from your account.
• If the electronic terminal does not have enough cash to complete the transaction.

There may be other exceptions provided by applicable law.

Charges For Transfers or The Right To Make Transfers. We reserve the right to impose a fee and to change fees upon notice to you.

Disclosure of Account Information. You agree that merchant authorization messages transmitted in connection with Point of Sale transactions are permissible disclosures of account information, and you further agree to release Nicolet National Bank and hold it harmless from any liability arising out of the transmission of these messages.

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

• 1.      Where necessary to complete a transfer or to investigate and resolve errors involving the transfer(s); or
• 2.      In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant; or
• 3.      In order to comply with government agency or court orders; or
• 4.      If you give us your permission in a record or writing.

Amending or Terminating this Agreement. We may change this agreement from time to time. You will be notified at least 30 days before a change will take effect if it will cause you an increase in costs or liability or it will limit your ability to make electronic fund transfers. No notice will be given if the change is necessary for security reasons. We also have the right to terminate this agreement at any time.

Safety Precautions For ATM Terminal Usage. Please keep in mind the following basic safety tips whenever you use an ATM:

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

Additional Provisions

Your account is also governed by the terms and conditions of other applicable agreements between you and Nicolet National Bank.

Notification of Regulators. Your rights in connection with electronic fund transactions and this agreement are governed by Michigan and federal law. You may contact the following agency if you believe a violation of the law has occurred:

Federal Agency:

• Office of the Comptroller of the Currency
  Customer Assistance Group
  P.O. Box 53570
  Houston, TX 77052

TRUTH IN SAVINGS DISCLOSURE

Minimum Balance Requirements. No minimum balance requirements apply to this account.

Transaction Limitations. No transaction limitations apply to this account.

Additional Information Regarding Your Account. With Real Cash Back Checking, you can earn up to 3% of the value of your debit card purchases each qualification cycle. Maximum cash back is $9.00 per qualification cycle*.The following qualifying transactions are required each qualification cycle to earn 3% cash back.Account holder must enroll in e-statements and online banking. In order to receive account statements and other communications electronically you will need to establish an online banking account and enroll in e-statements online. If you do not establish an online banking account and enroll in e-statements you will receive your account statements and other communications on paper and will not qualify for 3% cash back on debit card purchases.At least one posted and cleared direct deposit of payroll or social security each qualification cycle*.At least ten posted and cleared debit card transactions (ATM transactions and other transactions processed as ATM transactions do not count as qualifying debit card transactions) each qualification cycle*.The 3% cash back reward will be deposited to your account each qualification cycle provided you meet all qualifications. The 3% cash back reward program is subject to change at any time, at the discretion of Nicolet National Bank. You will be notified of any changes in the program.*Each qualification cycle begins on the last business day of the month and ends on the second to last business day of the following month. For a complete calendar of qualification cycles, please see www.nicoletbank.comAll Nicolet National Bank checking accounts are subject to credit approval.Limit of one Rewards (Real Cash Back or Real Rewards) checking account and one Rewards saver account per consumer.Purpose and Expected Use of Account.
This account is intended to be the accountholder’s primary checking account in which payroll transactions and day-to-day spending activities including but not limited to grocery, gasoline, apparel, shopping, dining, sporting and entertainment transactions are posted and settled.
Commensurate with the spending activities identified above, we expect the account’s debit card to be used frequently throughout each month and for transaction amounts to reflect a wide dollar range. Small debit card transactions conducted on the same day at a single merchant and/or multiple transactions made during a condensed time period particularly near the end of a Monthly Qualification Cycle are not considered normal, day-to-day spending behavior. These types of transactions appear to be conducted with the sole purpose of qualifying for the account’s rewards and thus will be deemed inappropriate transactions and will not count toward earning the account’s rewards.
Nicolet National Bank reserves the right to determine if the account is being maintained for a purpose other than day-to-day, primary use. Accountholders who persist in making debit card transactions in a calculated and limited fashion in order to meet their monthly qualifications may have their accounts converted to a different checking account or closed altogether. We also reserve the right to convert the account to a different checking account if the account does not have consistent active use over 3 consecutive Statement Cycles.
We have the right to close this account at any time, with proper notice. Our decision to close the account will not affect your existing obligations to us including any obligation to pay fees or charges incurred prior to termination. No deposits will be accepted and no checks will be paid after the account is closed. If the account is closed, you will forfeit any rewards that have not been credited to your account. A Nicolet National Bank check for the remaining balance, if applicable, will be mailed to accountholder at the address indicated on our current records. Upon termination of your Real Rewards or Real Cash Back account, any optional add-on products / services associated with this account will also be terminated at the same time.

Fees and Charges. Please refer to the Fee Schedule provided to you in these Terms for information about fees and charges associated with this account. A Fee Schedule is provided to you at the time you open an account, periodically when fees or charges change, and upon request.

FEE SCHEDULE
Consumer (Retail) Services and Fees

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

*NSF and OD items may be created by check, in-person withdrawal, ATM withdrawal, or other electronic means.
**Fee charged beginning after 1 year of inactivity on health savings accounts; after 6 months of inactivity on other checking accounts; and after 36 months on savings and Money Market accounts. Postings of interest and other bank-initiated transactions do not count as account activity.The above services and fees are subject to change without notice, unless prohibited by law.
Effective as of 05.01.2024.