IMPORTANT INFORMATION ABOUT WILMINGTON TRUST AND M&T BANK: 1. Wilmington Trust Corporation and its subsidiaries recently became part of the family of entities owned by M&T Bank Corporation. In addition, M&T Bank (also known as Manufacturers and Traders Trust Company) acquired the branches, loan production offices, loans (except for credit card accounts) and retail and business deposits of Wilmington Trust Company and Wilmington Trust FSB (including the deposits of WTDirect). We refer to the date on which this occurred as the "Effective Date". Beginning on the Effective Date, until further notice, the former branch and loan production offices of Wilmington Trust Company and Wilmington Trust FSB will be operated as the Wilmington Trust division of M&T Bank. 2. As of the Effective Date, the "Wilmington Trust division of M&T Bank" and "M&T Bank" are the same FDIC-insured institution. This means that deposits that you establish under M&T Bank and under the Wilmington Trust division of M&T Bank will not be separately insured but, rather, will be combined to determine whether you have exceeded the applicable FDIC insurance limit. However, for at least six months following the Effective Date, deposit accounts that you had with Wilmington Trust Company and Wilmington Trust FSB before the Effective Date will continue to be separately insured from deposits you had or subsequently establish with M&T Bank (including with the Wilmington Trust division of M&T Bank). 3. Except as provided in paragraph 4 below, any references to "Wilmington Trust Company," "Wilmington Trust FSB," "Wilmington Trust," "WT," the "Bank" or any similar term in this Agreement, or in any account, product or service documentation (collectively, "Account Documentation"), means M&T Bank. Account Documentation means any agreements, disclosures or documentation in connection with any loan account (except for credit cards), deposit account or other bank product or service that you obtain from the Wilmington Trust division of M&T Bank, whenever received. Any checks, deposit or withdrawal slips, receipts, bank cards (e.g., ATM cards, check cards), account statements and other materials that you receive and/or are asked to sign in connection with your loan account (except for credit cards), deposit account or other bank product or service, including, but not limited to, application or other forms, disclosures, schedules (including any fee schedules), statements, notices, communications, invoices, brochure materials (including any advertising or promotional materials), policies (including any privacy policies) and signature cards may reference "Wilmington Trust Company," "Wilmington Trust FSB," "Wilmington Trust," "WT," the "Bank" or any similar term and each such reference is to the Wilmington Trust division of M&T Bank. 4. Despite any contrary provision in Account Documentation, Account Documentation relating to deposit accounts or deposit services, as well as the deposit accounts and services related to those accounts, shall be governed by, and construed in accordance with, the federal laws of the United States and (a) the applicable laws of the State of Maryland, without regard to any choice of law provisions, for any deposit account with an account number beginning with the numbers 400 or 800; and (b) the applicable laws of the State of Delaware, without regard to any choice of law provisions, for all other deposit accounts.

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The Wilmington Trust Deposit Account Agreement and Disclosure and Arbitration Agreement

1. GENERAL

2. TERMS APPLICABLE TO YOUR ACCOUNT

3. WHO CAN OPEN AN ACCOUNT

4. TYPES OF ACCOUNT OWNERSHIP

5. HOW TO OPEN AN ACCOUNT

6. HOW TO MAKE DEPOSITS INTO YOUR ACCOUNT

7. DEPOSITS MADE THROUGH A CAPTURE DEVICE

8. FUNDS AVAILABILITY FOR CHECKING ACCOUNTS (“REGULATION CC”)

9. FUNDS AVAILABILITY FOR SAVINGS AND MONEY MARKET DEPOSIT ACCOUNTS

10. SUBSTITUTE CHECKS AND YOUR RIGHTS

11. HOW TO WITHDRAW FUNDS FROM YOUR ACCOUNT

12. LIMITS ON WITHDRAWALS, DEPOSITS, TRANSFERS AND BALANCES

13. INTEREST RATES AND FEES THAT MAY APPLY TO YOUR ACCOUNT

14. THINGS YOU ASK US TO DO

15. IF YOUR ADDRESS CHANGES

16. CLOSING YOUR ACCOUNT AND TERMINATING USE OF OUR SERVICES

17. NOTICES AND COMMUNICATIONS

18. ARBITRATION AGREEMENT NOTICE

19. OTHER ACCOUNTS, LOAN AGREEMENTS AND SERVICES

20. ERRONEOUS DEPOSITS

21. COLLECTION OF NON-CASH ITEMS

22. TRANSACTIONS IN YOUR ACCOUNT

23. STOP PAYMENTS

24. CHECKS

25. RESTRICTIVE LEGENDS

26. SUB-ACCOUNTS ON CHECKING ACCOUNTS

27. AUTOMATED CLEARING HOUSE

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28. OVERDRAFT PROTECTION

29. STATEMENTS

30. YOUR DUTY TO VERIFY STATEMENTS

31. SET-OFF

32. FDIC INSURANCE

33. ELECTRONIC FUND TRANSFERS (“REGULATION E”)

34. SAFETY TIPS FOR USING ATMS, TOUCH-TONE BANKING, ON-LINE BANKING AND OUR REMOTE DEPOSIT SERVICES

35. ON-LINE BANKING SERVICES (OLB)

36. YOUR WARRANTIES, RESPONSIBILITY AND LIABILITY

37. NO WARRANTY; OUR RESPONSIBILITY AND LIABILITY

38. THIRD PARTY NETWORKS

39. THIRD PARTY SOFTWARE; VIRUS PROTECTION

40. AMENDMENTS TO THESE TERMS

41. ASSIGNMENT/TRANSFER

42. NO WAIVER

43. CAPTIONS

44. DISPUTES

45. GOVERNING LAW

46. ENFORCEMENT

47. SEVERABILITY

48. DEFINITIONS

ARBITRATION AGREEMENT

IMPORTANT INFORMATION ABOUT PROCEDURES FOR APPLYING FOR OR OPENING A NEW ACCOUNTTo help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you apply for or open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you.

WHAT YOU NEED TO KNOW ABOUT YOUR DEPOSIT ACCOUNT

1. GENERAL This Agreement provides information about your checking, savings or money market deposit account with Wilmington Trust Company or Wilmington Trust FSB. So whenever you see the words “Wilmington Trust,” or “the Bank,” “we,” “us,” and “our,” it means Wilmington Trust Company and/or Wilmington Trust FSB, depending on which bank you have your account with. And whenever you see the words “you,” “your,” and “yours,” it means, each account holder in the case of personal account, or the business

entity, in the case of a business account, and each and every person authorized to use the account or any of the services described in this document, including your agents. Note that some of the features described in this Agreement may not be available to all of the account types offered by us.

2. TERMS APPLICABLE TO YOUR ACCOUNT You agree to be bound by the terms contained in this Agreement and the related fee schedule, plus applicable federal laws and, to the extent that state law governs any matters relating to this Agreement, the related fee schedule and/or your account, if Bank is Wilmington Trust Company, applicable Delaware laws and regulations, and if Bank is Wilmington Trust FSB, applicable Maryland laws and regulations, that may apply to this account (together, we refer to this Agreement, the related fee schedule, and applicable laws and regulations as the “Terms”). Please read this Agreement carefully as it creates an agreement between you and the Bank. If at any time you need the current version of this Agreement or you have any questions, please visit one of the Bank’s branch offices, call us at 800-523-2378, or visit our website at www.wilmingtontrust.com (and click on “Terms of Use” to find the link for the current version of this Agreement).

3. WHO CAN OPEN AN ACCOUNT In general, you can open an account if you are: (a) a U.S. business entity that operates in the United States and has a U.S. address and a valid Taxpayer Identification Number; or (b) a citizen or a resident alien of and reside within the United States, have a valid Social Security Number or Individual Taxpayer Identification Number, are at least 18 years old, and have a U.S. address. P.O. box addresses are not allowed. However, for online only accounts, you must be a citizen or a resident alien of and reside within one of the States of Delaware, Maryland, or New Jersey or the Commonwealth of Pennsylvania. The products and services that we offer may differ, depending on which of these states you live in.

4. TYPES OF ACCOUNT OWNERSHIP We offer accounts for a wide variety of ownerships, as follows (although some types of ownership may not be available through all channels):

Individual and Sole Proprietorship Accounts – These accounts are owned by a single individual, either in his or her own name or in a trade or business name.

Joint Accounts – These accounts are owned by at least two individuals as joint tenants with right of survivorship and not as tenants in common. This means that, if one of you dies, the available balance in the account will belong to the survivor(s). If there are at least two survivors, the account will continue to be owned by the survivors as joint tenants with right of survivorship and not as tenants in common.

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Organizational Accounts – Various types of entities, including for-profit and nonprofit corporations, limited and general partnerships; and limited liability companies, may establish accounts with the Bank. The Bank will usually require a person authorized by the entity to sign a separate form designating the person(s) permitted to initiate transactions on the account.

Custodial, Guardianship, and Trust Accounts – Custodians for the benefit of a minor may establish accounts under the Uniform Transfers to Minors Act. Upon the death or resignation of the custodian, a successor custodian will be appointed in accordance with the donor’s instructions or applicable law. Court-appointed guardians may also establish accounts for the benefit of persons under their guardianship. Guardians must provide the Bank with a copy of the document establishing the guardianship appointment in order to open the account. Trustees may also open accounts. The Bank requires a trustee to sign a Trustee Certification of Deposit Powers form certifying that the trustee has the authority to act on behalf of the trust with respect to the account.

Totten Trust Accounts – One or two (but not more) individual “depositors” who do not claim to be acting under a will, trust instrument, or court order or decree may establish revocable Totten Trust accounts for the benefit of a single individual “beneficiary,” who must be a natural person. Totten Trust accounts need to be expressly designated as such.

All principal and interest in a Totten Trust account are subject to the following terms:

(a) Any depositor may revoke, terminate, or modify a Totten Trust account by withdrawing all of the funds in the account or by delivering written instructions that are received by the Bank during the lifetime of the depositor. However, the account cannot be revoked, terminated, or modified by will or other testamentary instrument.

(b) If there are two depositors, the account will be treated as a joint account with right of survivorship (and not as an account as tenants in common) as between the two depositors during their lives. If one depositor dies while the beneficiary is alive, the surviving depositor will be treated as if (s)he were the sole depositor.

(c) If a depositor survives the beneficiary, the trust elements of the account will automatically terminate and title to the funds will remain in the depositor(s).

(d) If the beneficiary survives the depositor(s), the trust automatically terminates upon the last depositor(s)’ death and title to the funds will vest in the beneficiary. However, if the beneficiary is under 18 years of age at the time of a demand for any payment from the account, the funds in the account will only be paid to the order of the parent or parents of the

beneficiary, to be held for the use and benefit of the beneficiary, or to the order of the duly appointed guardian of the property of the beneficiary.

(e) If a depositor and the beneficiary die under circumstances where it is impossible to identify who survived longer, the depositor is conclusively treated as the survivor.

(f) Any payments made in accordance with the above rules and not in violation of any court order served upon the Bank, will, to the extent of such payments, release and discharge the Bank from liability to any person claiming a right to the funds.

5. HOW TO OPEN AN ACCOUNT Accounts can be opened by visiting one of our branch offices, through our website, or by calling us at 800-814-8386. Some account types, products, and types of account ownership may not be available through all of these channels. If you open an account through our website, you must tell us to either electronically transfer money from your Linked Account or give us a personal check drawn on an account you have at any other U.S.-chartered financial institution. You agree that we may, at the time you apply to open the account and from time to time, obtain information about you, including credit information about you from credit reporting agencies and/or employment information. We may use this information to verify your identity, to update our information on you, and/or to better service you as a client.

6. HOW TO MAKE DEPOSITS INTO YOUR ACCOUNT You can make deposits to your account by using our website to transfer funds from another Wilmington Trust account or from your Linked Account, by mailing us a check, by wiring funds to us, by visiting one of the Bank’s branch offices (except for online only accounts), or by Automated Teller Machine (“ATM”). WE WILL NOT ACCEPT CASH BY MAIL AND WE WILL NOT BE RESPONSIBLE FOR ANY CASH YOU SEND! Checks you deposit must be payable to you and must be drawn on a U.S.-chartered financial institution. Please make sure to include your account number with any deposit you make by check or wire transfer; if you do not include your account number, our processing of your deposit could be delayed.

Note that it is your responsibility to make sure that your deposit reaches us and that we know where you want your deposit to go. In any event, if we ask, you agree to fully cooperate and assist us in the reconstruction and proof of loss of any non-cash items included in deposits that are lost or stolen in transit, either before or after we have received and accepted the deposit. If your deposit does not reach us or if you don’t tell us where you want your deposit to go, then you will be responsible for any loss that results. If your deposit does reach us but is subsequently lost or destroyed, our sole liability, even in the event of the Bank’s negligence, is

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limited to reimbursement for reasonable out-of-pocket costs necessary to obtain replacement items from the makers, including stop-payment costs.

7. DEPOSITS MADE THROUGH A CAPTURE DEVICE If we permit or enable you to make deposits through a capture device, the following additional terms and conditions will apply.

7a. Definitions. Terms not otherwise defined in Sections 1 or 48 of these Terms will have the following meanings:

“Capture Device” means any device acceptable to us which provides for the capture of images from original Items and for transmission through the clearing process.

“Check” will have the definition set forth in Check 21.

“Check 21” means the Check Clearing for the 21st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and, to the extent applicable, Subpart A.

“IRD” or “Image Replacement Document” means (i) a Substitute Check as defined in Check 21; or (ii) the paper reproduction created when an Item cannot be converted to an ACH transaction.

“Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on a financial institution within the United States from a Payor to you transmitted as either data or image and, where applicable in the context, includes the electronic image of the front and back of an Item, in addition to other required information and in the format as specified by us from time to time. Notwithstanding the foregoing, it is understood and agreed that you will be transmitting only electronic images of the front and back of Items and not any paper Items. In order for an Item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the Item with the following words: “For deposit only to Wilmington Trust,” with the correct account number and signed by the payee. Any Item could be delayed or returned if missing proper endorsements as set forth above.

“Payor” means consumers or businesses that make payments to clients by means of Items, but you will not be a Payor.

“Service(s)” mean the specific remote deposit service(s) provided by us, including electronic check conversion and image archive systems which allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose of delivery to us for clearing as an IRD. Services also include any applicable support services.

“Service Start Date” means the date the Services are first used by you.

“Technology” means the Bank’s or its subcontractor’s deposit capture applications processes designed to facilitate the electronic clearing of Items. These applications are accessed through Capture Devices, using software and hardware provided by or acceptable to us, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to service support, reports, software, software tools, user interface designs, documentation, and any derivatives, improvements, enhancements, or extensions thereof developed or provided by us or our subcontractors and used in providing Services under this Section of these Terms. Any software provided by the Bank or its subcontractors pursuant to the Service will be considered Software as defined in the Software License Agreement.

7b. Hardware and Software Requirements. In order to use the Services, you must have the hardware and software with the indicated specifications set forth in our On-Line Banking service, as such requirements may change from time to time.

7c. Your Responsibilities. You authorize us to convert Items to IRDs or transmit as an image and further authorize us or any other bank to which an Item is sent to handle the Item. You agree, at your sole expense, to: (i) provide connectivity between the Capture Device and the Technology; (ii) maintain the Capture Device in accordance with the instructions provided by us, our subcontractors, and/or any other Capture Device provider; (iii) if applicable, use our software to scan, load, and format Items as needed for transmission to us prior to the communicated cutoff time; (iv) process return data and any remittance data delivered by us for the purpose of updating your internal systems (which may include electronic and paper return Items); (v) implement and maintain security measures, including firewall protection, in compliance with your obligations under these Terms; and (vi) comply with any instructions and/or procedures regarding the Services and submission of Items which may be issued by us from time to time. You agree to use the Services, and you understand and agree that we are providing the Services, only for Items received for deposit (i) to a consumer (non-business) account, for personal, family, or household purposes, and (ii) to a business account, for purposes strictly related to the activity of the business.

7d. Withdrawal of Access/Suspension of Service. We reserve the right, in our sole discretion, to deny, suspend, or revoke access to the Services immediately, in whole or in part, without notice, if we believe that you are in breach of these Terms or are otherwise using or accessing the Services

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inconsistent with the terms and conditions hereof. Further, we or our subcontractor will have the right to suspend the Service immediately in the event of an emergency or in the case of any force majeure event or if we are uncertain as to the accuracy of any Item.

7e. Handling of Transmitted Items. You will be responsible for the proper disposal of all Items following their transmittal to us. All Items deposited using the Services are subject to final confirmation that an acceptable IRD has been created for further collection.

7f. Prohibition on Duplication of Deposits. Unless we have notified you that an Item has been rejected or returned unprocessed, you are prohibited from subsequently presenting for deposit any Item included in an IRD either in its paper-based form or in digital form within another deposit. You agree that the posting of a deposit by us into your account such that it appears in the transaction history of the account as presented through our On-Line Banking service will constitute confirmation that an IRD has been credited to your account, and you will immediately destroy the corresponding original paper Item represented by that IRD. You will destroy the Items by shredding or another commercially acceptable means of data destruction and will indemnify us for any and all losses or other damages that we may suffer as a result of any deposit of an Item more than once. You expressly authorize and instruct us to debit your account(s) in the amount of any Item which is deposited more than once.

7g. Account Statement Examination. Unless you notify us of any errors to deposits made through the Services within 60 days after the applicable account statement is first mailed or otherwise provided to you, such statement regarding all deposits made through the Services will be deemed to be correct.

7h. Payment Processing

(i) IRD Processing. Items may be transmitted for electronic processing by other financial institutions or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels as we may decide in our sole discretion. The IRDs will be created in accordance with Check 21; alternatively, we may process Items as photocopies in lieu of originals, under guidelines established between you and us and applicable industry standards. Items which fail to satisfy the warranties made to us by you, or which fail to meet the requirements of the Bank or Check 21, or are otherwise not able to be processed, may be charged back to your account or returned to you. You

agree to be bound by any clearinghouse agreements, operating circulars, or image exchange agreements to which we are a party. In no event will we be liable for any interest on an Item which is rejected.

(ii) Processing of Items. Images of Items transmitted by you are not considered received by us until you have received an electronic confirmation of the receipt of the deposit from us. However, receipt of the confirmation from us does not mean the transmission was error free or complete. Items transmitted by you and received by us or our subcontractors by 4:00 PM Eastern Standard Time Monday through Friday (excluding holidays), will be credited to your applicable account on the same Business Day. Items received by us after 4:00 PM Eastern Standard Time on any Business Day will be credited to your applicable account on the next successive Business Day. Funds from Items deposited under this Section of these Terms will be available to you pursuant to funds availability policies specified in these Terms.

7i. Your Liability. You will be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and neither the Bank nor its subcontractors will be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (i) may be received prior to final posting and confirmation and is subject to correction and (ii) is for informational purposes only and may not be relied upon. You agree that we will have no liability for the content of payment-related information.

7j. Intellectual Property Ownership. These Terms do not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title, and interest in and to the Technology will remain solely with the Bank or its subcontractors.

7k. Your Warranties. YOU REPRESENT AND WARRANT TO US THAT: (i) YOU HAVE TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT ONLY TO AN ACCOUNT ON WHICH YOU ARE A SIGNATORY OR ACCOUNT HOLDER AND HAVE HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO US AS AGREED, DIRECTED BY US, AND IN ACCORDANCE WITH APPLICABLE LAW; (ii) YOU ARE A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR ARE AUTHORIZED TO OBTAIN PAYMENT OF EACH

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ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM; (iii) THE ITEMS HAVE NOT BEEN ALTERED; (iv) EACH ITEM BEARS ALL APPLICABLE ENDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY US; (v) ALL OF THE WARRANTIES ARE TRUE AS SET FORTH IN AND SUBJECT TO THE TERMS OF SECTION 4-207 OF THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE OF DELAWARE, IF BANK IS WILMINGTON TRUST COMPANY, OR THE STATE OF MARYLAND, IF BANK IS WILMINGTON TRUST FSB; (vi) (A) THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, (B) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL APPLICABLE MICR-LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, AND (C) THE ITEM CONFORMS TO THE TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY US FROM TIME TO TIME; (vii) YOU WILL SUBMIT ONLY ONE ACCURATE AND CLEAR IMAGE OF THE FRONT AND BACK OF EACH ITEM TO US ONLY ONE TIME; (viii) YOU WILL NOT DEPOSIT THE ORIGINAL ITEM AND NO PERSON WILL RECEIVE A TRANSFER PRESENTMENT, OR RETURN OF, OR OTHERWISE BE CHARGED FOR, THE ITEM (EITHER THE ORIGINAL ITEM, OR A PAPER OR ELECTRONIC REPRESENTATION OF THE ORIGINAL ITEM) SUCH THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED ON AN ITEM IT HAS ALREADY PAID; (ix) THE AMOUNT OF AN ITEM ENTERED BY YOU FOR TRANSMISSION TO US IS ACCURATE; AND (x) YOU WILL NOT (A) SELL, LEASE, DISTRIBUTE, LICENSE, OR SUBLICENSE THE TECHNOLOGY OR SERVICES; (B) MODIFY, CHANGE, ALTER, TRANSLATE, CREATE DERIVATIVE WORKS FROM, REVERSE ENGINEER, DISASSEMBLE, OR DECOMPILE THE TECHNOLOGY OR SERVICES IN ANY WAY FOR ANY REASON; (C) PROVIDE, DISCLOSE, DIVULGE, OR MAKE AVAILABLE TO, OR PERMIT USE OF THE TECHNOLOGY OR SERVICES BY, ANY THIRD PARTY; (D) COPY OR REPRODUCE ALL OR ANY PART OF THE TECHNOLOGY OR SERVICES; (E) INTERFERE, OR ATTEMPT TO INTERFERE, WITH THE

TECHNOLOGY OR SERVICES IN ANY WAY; (F) ENGAGE IN SPAMMING, MAILBOMBING, SPOOFING, PHARMING, PHISHING, OR ANY OTHER FRAUDULENT, ILLEGAL, OR UNAUTHORIZED USE OF THE SERVICES; (G) INTRODUCE OR TRANSMIT THROUGH THE TECHNOLOGY OR SERVICES, OR OTHERWISE, ANY VIRUS, WORM, SOFTWARE LOCK, DROP DEAD DEVICE, TROJAN-HORSE ROUTINE, TRAPDOOR, BACK DOOR, TIMER, TIME BOMB, CLOCK, COUNTER, OR OTHER LIMITING ROUTINE, INSTRUCTIONS, OR DESIGN OR ANY OTHER CODES OR INSTRUCTIONS WHICH MAY BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, DISABLE, OR PREVENT THE USE OF THE TECHNOLOGY, SERVICES, OR OTHER COMPUTER SYSTEMS OF BANK OR ITS SUBCONTRACTORS; (H) REMOVE, OBSCURE, OR ALTER ANY COPYRIGHT NOTICE, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS NOTICES AFFIXED TO OR CONTAINED WITHIN THE TECHNOLOGY OR SERVICES; OR (I) ENGAGE IN OR ALLOW ANY ACTION INVOLVING THE TECHNOLOGY OR SERVICES INCONSISTENT WITH THESE TERMS. IF YOU RECEIVE NOTICE OF ANY CLAIM REGARDING THE SERVICES, YOU WILL PROMPTLY PROVIDE US WITH A WRITTEN NOTICE OF SUCH CLAIM. YOU AGREE THAT WE ARE LEGALLY ENTITLED TO A VALID AND UNQUALIFIED ENDORSEMENT FROM YOU, AND YOU GIVE US THE IRREVOCABLE RIGHT TO PLACE SUCH AN ENDORSEMENT ON THE ITEM. YOU AGREE TO REIMBURSE US FOR ALL LOSSES RELATED TO YOUR FAILURE TO PROPERLY ENDORSE A CHECK AS EXACTLY DRAWN OR RELATED TO YOUR DEPOSIT OF AN ITEM CONTAINING MULTIPLE ENDORSEMENTS OR A MISSING OR IMPROPER ENDORSEMENT.

7l. Indemnification. EXCEPT FOR LOSSES OR EXPENSES ATTRIBUTABLE TO OUR OWN LACK OF GOOD FAITH OR FAILURE TO EXERCISE ORDINARY CARE, YOU AGREE TO INDEMNIFY US FOR ANY LOSS OR EXPENSE SUSTAINED (INCLUDING INTEREST, COSTS, ATTORNEY’S FEES, AND EXPENSES OF LITIGATION) RESULTING FROM (i) YOUR LACK OF AUTHORITY TO MAKE THE WARRANTIES SET FORTH IN THESE TERMS; (ii) ANY ACTION TAKEN OR NOT TAKEN BY US WITHIN THE

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SCOPE OF OUR AUTHORTIY IN HANDLING AN ITEM; (iii) ANY WARRANTY REQUIRED TO BE MADE BY US WITH RESPECT TO AN ITEM UNDER APPLICABLE LAW OR REGULATION; AND (iv) BREACH OF ANY OF THE WARRANTIES SET FORTH ABOVE.

7m. Confidentiality.

(i) Bank Information. You acknowledge that the Technology and Services contain valuable trade secrets, which are the sole property of the Bank or its subcontractors (“Bank Confidential Information”), and you agree to hold Bank Confidential Information in strict confidence and disclose only to those agents whose duties reasonably require access to same, and provided, that you inform all such agents of such use or disclosure restrictions as set forth herein. You agree to use no less than reasonable care to prevent other parties from learning of these trade secrets. You will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication, or access to the Bank Confidential Information.

(ii) Unauthorized Use. You acknowledge that the unauthorized use, disclosure, or duplication of any Bank Confidential Information will constitute a material breach of these Terms and is likely to cause irreparable injury to us, for which there is no adequate remedy at law. Accordingly, you hereby agree that we may seek injunctive relief against you to prevent or remedy any breach of your confidentiality obligations described herein without the Bank being required to post bond, or if bond is required, only nominal bond. You agree to indemnify us and hold us harmless from and against any and all losses, liabilities, claims, damages, and expenses (including reasonable legal fees and expenses) arising from or relating to the disclosure of any Bank Confidential Information or the failure to keep the Technology secure. You understand and agree that the use of the Technology and Services is confidential and agree to assume all risks of accidental disclosure, inadvertent use of, and/or unauthorized use by any party whatsoever, whether or not such disclosure or use is on account of your negligence.

7n. Obligations upon Termination. Upon the termination of the Services for any reason: (i) your access to, and use of, the Services will terminate; and (ii) you will return to us any and all Bank Services, equipment, software, documentation, Technology, or other deliverables provided to you by us, including any copies thereof held by you. All of your

obligations relating to warranties, liability and confidentiality set forth in these Terms will survive any termination of the Services.

8. FUNDS AVAILABILITY FOR CHECKING ACCOUNTS (REGULATION “CC”)

General Rules Applicable To All Checking Accounts (Subject to any different rule set forth above under the caption “Collection of Non-Cash Items.”)

Definitions of “Business Days” and “Deposit Dates” – “Business days” are Monday through Friday, except New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, Christmas Day, the Monday after any New Year’s Day, Independence Day, Veterans’ Day and Christmas Day falling on a Sunday.

The “deposit date” is the date a deposit is received by the Bank by mail, made at one of the Bank’s branch offices on a business day before 5:00 PM, or deposited at a Wilmington Trust-branded ATM on a business day before the cut-off time posted on the ATM. Otherwise, the “deposit date” is the next business day.

Automated Teller Machine (ATM) Identification – Generally, ATMs that the Bank or any of its affiliates owns or operates are either attached to a branch office of Wilmington Trust Company or Wilmington Trust FSB or prominently display the Wilmington Trust name and logo (the “Bank ATMs”). However, the Bank or one of the Bank’s affiliates may own or operate other ATMs that are not attached to a branch office of Wilmington Trust Company or Wilmington Trust FSB or do not prominently display the Wilmington Trust name and logo.

Electronic Deposits – Electronic direct deposits will be available on the deposit date. Once these funds are available, you can withdraw the funds in cash from an ATM and the Bank will use the funds to pay checks that you have written or to make electronic payments or transfers.

Large Withdrawals; Limits on ATM Withdrawals – Due to security and operating requirements, the Bank reserves the right to require you to provide the Bank with up to forty-eight hours prior written notice of your intent to withdraw more than $5,000 in one day from the Bank’s staffed teller stations, by wire transfer, treasurer’s or certified check, or any combination of these withdrawal methods. If you anticipate the need to make such a withdrawal, you should contact the Bank for a further explanation of this requirement.

You may withdraw by ATM only up to $500 in cash per debit card number from any account on any day, generally. However, non-Bank ATMs may impose lower limits on the amount of cash available for withdrawal.

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Check Endorsement Regulations – You are required to endorse checks you deposit in the area on the back of a check within 1-1/2 inches from the top of the check. This procedure will allow the return of dishonored checks to you in a faster, more efficient manner. If you fail to follow this procedure, you may lose the right to object to the nonpayment of a check when the bank on which it is drawn delays the return of the unpaid check.

Standard Accounts – On most accounts (other than new accounts and Category R accounts described below), the Bank’s general policy is to make funds from your check deposits available to you on the first business day after the deposit date. Any amount exceeding $5,000 will not be available until the second business day after the deposit date. The Bank will use the funds to pay checks that you have written or to make electronic payments or transfers.

However, in connection with a business day’s deposits (cash and checks) made at ATMs:

(a) For deposits made at Bank ATMs, the amount exceeding $5,000 will not be available until the second business day after the deposit date, and

(b) For deposits made at non-Bank ATMs, up to $5,000 will be available on the second business day after the deposit date. The amount exceeding $5,000 will not be available until the fifth business day after the deposit date.

In some cases, the Bank will not make all of the funds that you deposit by check available to you on the first business day after the deposit date. The Bank may delay availability of funds you deposit by check for a longer period under the following circumstances:

(a) The Bank believes a check you deposit will not be paid.

(b) You deposit checks totaling more than $5,000 on any one day.

(c) You redeposit a check that has been returned unpaid.

(d) You have overdrawn your account repeatedly in the last six months.

(e) There is an emergency, such as failure of communications or computer equipment.

Even if the Bank needs to delay the normal availability of your funds, the first $100 of your total deposits on the deposit date will be available on the first business day following the deposit date. If the Bank is not going to make all of the funds from your deposit available on the first business day after the deposit date, the Bank may notify you at the time you make your deposit. The Bank will also tell you when the funds will be available. They will generally be available no later than seven business days after the day of your deposit. If the Bank decides to delay availability

of your deposit, you will be mailed a notice of the Bank’s decision to delay availability no later than the first business day following the day the facts giving rise to the decision to delay availability become known to the Bank.

The Bank may also delay the availability of certain deposits if you have a new account or a Category R account. See “New Accounts” and “Category R Accounts.”

If you will need the funds from a deposit right away, you should ask the Bank when the funds will be available.

Deposits of foreign items are subject to any different rule set forth above under the caption “Collection of Non-Cash Items.”

Funds from deposits originating from wire transfers or an Automated Clearing House Network are generally available the next business day after the Bank receives those funds.

New Accounts – If you are a new client, the Bank will inform you if the following special rules will apply during the first 30 days your account is open.

The first $5,000 from a deposit of U.S. Treasury checks, U.S. Postal money orders and checks drawn on a Federal Reserve Bank or Federal Home Loan Bank will be available on the second business day after the deposit date if the checks are payable to you. However, funds from any deposits (cash or checks) made at non-Bank ATMs will not be available until the fifth business day after the deposit date. Any excess over $5,000 will be available on the seventh business day after the deposit date.

Cash and funds from the first $5,000 of a day’s total check deposits will be available on the second business day after the deposit date if the deposit meets certain conditions. The checks must be payable to you and you must use a special deposit slip available from the Bank’s branch staff. However, funds from any deposits (cash or checks) made at non-Bank ATMs will not be available until the fifth business day after the deposit date. Any excess over $5,000 will be available by the seventh business day after the deposit date.

Funds from all other check deposits will be available by the seventh business day after the deposit date. However, the first $100 of such deposits will be available on the first business day after the deposit date.

Category R (Restricted) Accounts – Under certain circumstances, the Bank may assign your account to “Category R” in which case the following special rules will apply to certain deposits. Funds from deposits of cash and U.S. Treasury checks, U.S. Postal Service money orders, checks drawn on a Federal Reserve Bank or Federal Home Loan Bank or checks drawn on the Bank will be available on the next business day. Funds from deposits of all other checks made in person or at Bank ATMs will not be available until the seventh business day after the deposit date. Funds from

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deposits of all other checks made at non-Bank ATMs will not be available until the eleventh business day after the deposit date. Despite the general rule on when funds will be available, up to $100 deposited on any deposit date will be available on the next business day.

Accounts assigned to Category R will not be eligible for Overdraft Protection, including any overdraft protection line of credit you may have with the Bank. In addition, the account may not be eligible for ATM privileges, as determined by us in our sole discretion.

In the event the Bank assigns your account to Category R, you will be notified in writing at the time the assignment takes place.

9. FUNDS AVAILABILITY FOR SAVINGS AND MONEY MARKET DEPOSIT ACCOUNTS

When you deposit in your savings or money market account a check drawn on another bank, there is always a time delay before the check reaches the bank on which it is drawn and the Bank receives payment. During this time delay, the funds represented by the check are “uncollected funds.” The Bank’s policy is to provide the earliest realistic availability of funds on deposited items. However, the Bank reserves the right to place a “hold” for the amount of any uncollected funds. Normally, the Bank would place a hold on uncollected funds if: (a) your account is new or if it has not yet developed enough history of activity for the Bank to know you; (b) you deposit a check for an unusually large amount; or (c) you improperly handle your account.

The length of a hold will reflect the Bank’s normal experience in dealing with checks returned from the location where the deposited item was drawn. Normally, the hold will not exceed eight business days from any location within the United States. No holds will be placed on United States Treasury checks.

Deposits of foreign items are subject to any different rule set forth above under the caption “Collection of Non-Cash Items.”

Funds from deposits originating from wire transfers or an Automated Clearing House Network are generally availability the next business day after the Bank receives those funds.

10. SUBSTITUTE CHECKS AND YOUR RIGHTS The “Check Clearing for the 21st Century Act” or the “Check 21 Act” is a federal law designed to improve the efficiency of the payment system in the United States. The Check 21 Act does this by permitting financial institutions to process transactions using digital images of checks, rather than the original checks. As a result, these digital images of checks may post to accounts much more quickly than before.

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.

This notice describes rights you have when we process substitute checks in your account. 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 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 visit your nearest branch office, contact us at 800-523-2378, or write to us at:

Wilmington Trust Research and Adjustments, Drop Code 1706 1100 North Market Street Wilmington, Delaware 19890-1706

You must contact us within forty 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

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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) A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);

(b) An estimate of the amount of your loss;

(c) An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and

(d) The following information to help us identify the substitute check: the check number, the date of the check, the name of the person to whom you wrote the check and the amount of the check.

If you have questions about the Check 21 Act and how it may affect your account with us, please stop by one of our branch offices or call us at 800-523-2378.

11. HOW TO WITHDRAW FUNDS FROM YOUR ACCOUNT You can request a withdrawal from your account by visiting one of the Bank’s branch offices or by using a check, your Debit Card, our On-Line Banking or Touch-Tone Banking Service. A withdrawal request via On-Line Banking or Touch-Tone Banking will generally reach your Linked Account within 3-4 business days.

12. LIMITS ON WITHDRAWALS, DEPOSITS, TRANSFERS, AND BALANCES

We reserve the right to require at least seven days written notice before permitting any withdrawal or transfer from any interest-bearing accounts. However, we may (and frequently do) accept shorter notice, without waiving our rights.

Under Federal law, on any deposit account other than a checking account, you are allowed to make no more than six transfers and/or withdrawals per calendar month (or statement cycle of at least four weeks): (a) to another one of your accounts at the Bank or to a third party through pre-authorized or automatic transfers from your account (including overdraft transfers) or transfers made through the Internet (using our On-Line Banking services); (b) by telephone (including by using our Touch-Tone Banking service); (c) by wire transfer; and (d) by check, draft, debit card, or similar order made by you and payable to third parties. If you repeatedly make more than six withdrawals or transfers during a calendar month or statement cycle, we will ask that you close your account and open up another account that does not limit these types of transactions.

With regard to fund transfers made using our Bank-to-Bank Transfer service within On-Line Banking, you may not make fund transfers in excess of the limits described on the Bank-to-Bank transfer service.

We reserve the right to limit or stop any item or transaction and/or limit the frequency and/or dollar amount of transactions from and/or to your accounts, in addition to what we have specified above, for security, credit, legal/regulatory or other reasons, as we may determine at any time and from time to time in our sole discretion.

13. INTEREST RATES AND FEES THAT MAY APPLY TO YOUR ACCOUNT

Please refer to the interest rate and fee schedule separately provided to you. For information on our current rates and current fees, please visit one of our branch offices, call us at 800-523-2378, or visit our website at www.wilmingtontrust.com.

If you make an international transaction with your QuickCheckSM Debit Card or your QuickCheckSM Business Debit Card, Visa International will convert the transaction into U.S. dollars by using its respective currency conversion procedures. International transactions include any transaction that you make in a foreign currency or that you make outside of the United States, Puerto Rico or the U.S. Virgin Islands, even if it is made in U.S. dollars. The exchange rate used by Visa to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate that Visa itself receives), or the government-mandated rate in effect on the applicable processing date. This conversion rate may differ from the rate in effect on the date you used your QuickCheckSM Debit Card. In addition to the conversion rate, Wilmington Trust may charge you an additional amount of the U.S. dollar amount of any international transaction, whether the transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa. This fee, called an International Service Assessment (ISA) fee, may be included in the transaction amount or displayed as a separate transaction on your monthly statement. Please see our current Fee Schedule for more information on our current ISA fee.

14. THINGS YOU ASK US TO DO We may refuse to follow any of your instructions if we think that they are illegal or potentially harmful to us. We may also take or require other security measures to protect us from any actual or potential damages or losses that we may suffer if we follow your instructions. You agree to reimburse us for any damages and losses (including but not limited to our reasonable attorneys’ fees) that we suffer if we take an action based on your actual or apparent oral, written or electronic instructions.

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15. IF YOUR ADDRESS CHANGES Notify us right away if your address or email address changes by visiting one of the Bank’s branch offices, by calling us at 800-523-2378 or by via secure BankMail within our On-Line Banking service on our website. Any notice that we send to you (including by email) will be binding and will be sent to the most current address (which may be an email address) that we have for you in our records, which may include a forwarding address provided to us by the U.S. Postal Service.

16. CLOSING YOUR ACCOUNT AND TERMINATING USE OF OUR SERVICES

You may close your account at any time. If you terminate your use of On-Line Banking or Touch-Tone Banking, you authorize us to continue making payments and transfers you have previously authorized through that particular service and continue to charge any applicable fees until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further payments or transfers from your accounts that you had set up through the service you terminated, including any payments or transfers you have previously authorized.

We may close your account, terminate, suspend or revoke your right to use any of our services, and/or elect to cease offering any of our services, at any time, for any reason and without advance notice to you, and we may deliver the account balance by mail to any of you. Our right to close your account and/or terminate your right to use any of our services includes but is not limited to situations where we, in our sole judgment, believe you have engaged in conduct or activities that violate any law or regulation or any of the provisions of these Terms or the rights of the Bank and/or our service providers, or if you provide us with false or misleading information or interfere with other users or the administration of the services. If we terminate your use of On-Line Banking or Touch-Tone Banking, we reserve the right to make no further transfers from your accounts, including any transactions you have previously authorized.

If your account is not funded within forty-five days after you open the account, if your balance falls to zero for a period of forty-five days at any time, or if your account is overdrawn for a period of twenty-five continuous days or more, your account may be closed.

In the event that you or the Bank closes your account or terminates your use of any of our services, you will still continue to be bound by and must comply with these Terms with respect to actions that occurred prior to such closure or termination, as well as with any other agreements, disclosures and fee schedules governing your accounts with us.

17. NOTICES AND COMMUNICATIONS Except as otherwise provided in these Terms, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through On-Line Banking or at the last known email address that we have for you in our records. Any notice from the Bank to any one of you is notice to all of you.

Notices from you will be effective when received by mail at the address specified in these Terms. We may not immediately receive email that you send, including messages you may send to us through the electronic messaging feature within On-Line Banking. Therefore, you should not rely on email or electronic messaging if you need to communicate to us immediately. For example, if you need to report a lost or stolen Access Code or PIN or report an unauthorized transaction from one of your accounts, you should contact us immediately by calling Wilmington Trust Client Services at 800-523-2378. We will not take actions based on your email or electronic messaging requests until we actually receive your message and have a reasonable opportunity to act.

18. ARBITRATION AGREEMENT NOTICE Please note that these Terms include an Arbitration Agreement. You will be subject to this Arbitration Agreement unless you reject the Arbitration Agreement in a timely basis. Arbitration can substantially affect your legal rights, including your right to a trial in court and a trial by jury; your right to obtain information or “discovery” prior to a trial; and your right to bring or participate in a class action or similar proceeding. Please review the Arbitration Agreement near the end of these Terms for more details on how this works and what rights and responsibilities you have.

19. OTHER ACCOUNTS, LOAN AGREEMENTS AND SERVICES These Terms are in addition to those that apply to any other accounts that you may have with us, loan or credit agreements, or any other services you obtain from us, including your signature card(s), the terms and conditions of any loan or credit agreements, any accompanying schedules and disclosures, and any change in terms notices. Our website “Terms of Use” and “Security Statement” also govern your access to your account through our website.

If you have more than one account or other relationship with Wilmington Trust, you may “link” the relationships together within our On-Line Banking service as we permit. Accounts that are linked under On-Line Banking must have one common owner and signer. Any signer, acting alone, must be authorized to access a Linked Account. However, each individual who elects to access accounts through On-Line Banking must select and use a separate Access Code (see Section 35e).

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20. ERRONEOUS DEPOSITS We may withdraw from your account and/or use any other legal remedies to recover any amount incorrectly deposited into your account. You agree not to withdraw, and to immediately repay, any amount incorrectly deposited into your account from any source and for any reason, whether in connection with a direct deposit plan or otherwise.

21. COLLECTION OF NON-CASH ITEMS Non-cash items will be accepted for collection only. In receiving items for collection, we act as your collection agent and assume no responsibility beyond the exercise of ordinary care. Non-cash items include but are not limited to security drafts, bonds, stock drafts, and items drawn on financial institutions outside of the United States. You will assume all exchange rate risk for non-cash items sent for collection outside of the United States. The Bank has no control over the amount of time it will take for the collection process to be completed. We will not credit the item to your account until we receive the proceeds in U.S. dollars. The Bank will charge you any fees that may be charged to the Bank by other financial institutions and/or third parties, plus the Bank’s customary fee(s) set forth in the Fee Schedule.

22. TRANSACTIONS IN YOUR ACCOUNT For all account types, an individual accountholder, each joint accountholder acting alone, or any person authorized by any individual or joint accountholder may withdraw or transfer all or any part of your account balance at any time; may endorse and/or deposit any item payable to you or your order for deposit to your account; may close or pledge the account; and may effect any other transaction or action related to your account under these Terms. We are not required to obtain the consent of or notify any other accountholder or signer about the actions of others. However, each of you will be permitted to access only accounts for which you are an owner or signer. Unless any owner obtains a court order to the contrary, we may either honor or dishonor, in our absolute discretion, any request from an owner or signer to limit the authority of any other owner or signer.

Withdrawals will be made first from collected funds and then from uncollected funds. Unless prohibited by law or the Bank’s written policy (see above under the caption “FUNDS AVAILABILITY FOR CHECKING ACCOUNTS (REGULATION ‘CC’)”), or unless you have established a sufficient overdraft line of credit with the Bank, the Bank may refuse any withdrawal request against uncollected funds, even if the Bank’s general practice is to honor such requests. Also, the Bank may refuse any withdrawal or transfer request which is for an amount less than any minimum withdrawal requirement or which exceeds any frequency limitations. If the Bank honors non-conforming requests from time to time (or even on a regular basis), the Bank may still close

your account for repeated violations of stated limitations on the use of your account.

If we complete a transfer that you initiate or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may, in our sole discretion, reverse the transaction or offset the shortage with funds from any other deposit or credit account(s) you have with Wilmington Trust to the extent permitted by applicable law and the terms of any other relevant agreements. Subject to applicable law, we may also charge you an overdraft or return fee as set forth in the Fee Schedule for each such item.

You are not permitted to use the account for any illegal purposes. For business accounts, this includes the origination, receipt, or processing of illegal Internet gambling transactions.

As set forth in our Fee Schedule, subject to applicable law and the terms of any overdraft line of credit you may have, we may charge you: (a) a per item overdraft fee each time we honor a check or other item (including an ATM withdrawal request, point-of-sale transaction, or other electronic transaction), in our absolute discretion, despite insufficient uncollected funds in the account; and (b) a “Return for Insufficient Funds” or non-sufficient funds (NSF) fee for each check or other item (other than an ATM withdrawal request or point-of-sale transaction) that we dishonor due to insufficient uncollected funds. If we receive on a single business day more than one check or other item for processing under your account, we will process these items in an order determined by us in our absolute discretion. If there are insufficient collected funds in your account at any time, the order of processing will affect which items are dishonored and how much you are charged for overdrafts and dishonored items. In addition to these fees relating to withdrawals and payments from your account, we will also charge you a Deposited Item Returned fee every time a check we cash for you or that you deposit in your Account is returned unpaid for any reason.

23. STOP PAYMENTS If you wish to stop payment on any item, you must give a stop payment order in time for the Bank to act on the order. Your stop payment order must correctly identify the check and account number, the date and amount of the item and the payee. A stop payment is effective for only six months unless renewed in writing. The Bank generally will not stop payment on a treasurer’s check.

24. CHECKS You are required to use the forms of check the Bank provides to you directly or through the Bank’s authorized vendors. The Bank reserves the right to reject checks that you purchase through an unauthorized vendor if they fail to meet the Bank’s check processing specifications. You must report lost or stolen checks to the Bank immediately.

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25. RESTRICTIVE LEGENDS We are not required to honor any restrictive legend or other special instruction placed on checks you write unless we have agreed in writing to the restriction. We are not responsible for any losses, claims, damages, or expenses that result from your placement of any restrictive legend or other special instructions on your checks.

26. SUB-ACCOUNTS ON CHECKING ACCOUNTS For purposes of accounting for our reserve requirements, checking accounts consist of two sub-accounts, a transaction sub-account and a non-transaction sub-account. Automatic transfers will be initiated between those sub-accounts from time to time at the discretion of the Bank, subject to restrictions imposed by applicable federal regulations. However, these automatic transfers will not affect the availability of your funds, your ability to conduct transactions under your account, or the interest rate on your account. Moreover, transaction and balance information of sub-accounts within your checking account are combined and reported to you in a single statement.

27. AUTOMATED CLEARING HOUSE You may from time to time be a party to an Automated Clearing House (“ACH”) entry that may be credited or charged to your account. You agree to be bound by the National Automated Clearing House Association (“NACHA”) operating rules then in effect for any ACH transactions. You may obtain or review a copy of these rules from us upon request. You agree that we may rely on the representations and warranties of the originator of the ACH transaction set forth in the NACHA operating rules in debiting or crediting your account. We will notify you of the receipt of any ACH entry only in your account statement, and you may confirm receipt by calling the telephone number listed at the beginning of this Agreement. You agree that payment of ACH entries will be processed on the basis of the identifying number, even if the identifying number identifies a person or entity different from the named party in the transaction. The time available under the ACH rules to reverse an erroneous or unauthorized ACH transfer is limited. Consumers have fifteen days to notify us to return an ACH entry as an unauthorized transaction. However, a business may need to notify us to return the entry within a 24-hour timeframe. If your request is not timely, we will not be able to return the transaction without the cooperation and agreement of the originating financial institution and the originating company. Any other actions must be conducted between you and the originator of the transaction. The NACHA rules you are bound by include without limitation the provisions making payment of an entry by the Receiving Depository Financial Institution (“RDFI”) to you as receiver provisional until receipt by the RDFI of final settlement for such entry; and you specifically acknowledge that you have received notice of this rule and of the

fact that, if such settlement is not received, the RDFI will be entitled to a refund from you as receiver of the amount credited and the originator of the entry will not be deemed to have paid you as receiver the amount of the entry.

28. OVERDRAFT PROTECTION Savings and money market deposit accounts you may have with the Bank may be used to provide Overdraft Protection in connection with a checking account you may have with the Bank, subject to the Bank’s rules and policies. The savings or money market deposit account balance must be sufficient to cover the full overdrawn balance plus applicable fees.

In addition, your Wilmington Trust credit card or Stand-by Credit account may also be used to provide Overdraft Protection in connection with a checking account. See the documents governing such accounts.

29. STATEMENTS The statement cycle for a checking account statement and a combined statement (a checking account combined with one or more savings or money market deposit accounts) is a period of approximately thirty consecutive days, which may not be a calendar month. The statement cycle for a money market or savings deposit account not combined on a checking account statement is a calendar month or a calendar quarter, depending on account activity. The Bank will send statements and any other communications to your most current address appearing in the Bank’s records. Depending on the type of account you have or your stated preference, this could be your email address.

If a statement is unclaimed or undeliverable for any reason, we may discontinue sending statements until you instruct us to resume sending you statements.

The Bank will not return your original checks with your account statements. Once the original checks have been imaged by the Bank (generally occurs immediately following presentation) the original checks will be destroyed, and we will then store imaged copies for seven years and provide you with photographic copies of the images upon request and upon payment of the applicable charge set forth in the Fee Schedule. Depending on the type of account you have and/or the election that you have made, imaged copies of your checks may be provided with your statement. You will also be able to view and print copies of the statement images within On-Line Banking.

30. YOUR DUTY TO VERIFY STATEMENTS Subject to any different rules for electronic fund transfers set forth in the “Electronic Fund Transfers (Regulation ‘E’) (Consumer Accounts Only)” section below: (a) You must review your statements and any returned items promptly, but in no event later than thirty days after their receipt, to verify that all charges,

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deposits and other transactions in your account are proper, fifteen days after receipt for consumer ACH transactions (see above under the caption “Automated Clearing House”); (b) If you find an unauthorized signature or alteration on any check or item or you believe that there is any other problem with your account or your statement, you must notify us promptly, but in no event may this notice be later than thirty days after we make available to you your statement or related items, unless a greater period of time is allowed under applicable law; (c) If you do not notify us within thirty days after we send or make available to you your statement or related items, we will have no liability for any losses that you incur as a result of such unauthorized signatures or alterations and you will lose your right to contest the validity of matters covered by the statement.

31. SET-OFF You agree that, to the extent that any person allowed to withdraw funds from your account owes the Bank a debt that is due and payable, without prior notice and when permitted by law, we may set off any funds in your account against the debt. If a deposit is made to the account from a source that, by law, cannot be used to offset your obligations to us, such as a Social Security payment, you agree that, once the funds are deposited into the account, they will lose their special protected character and will be subject to set-off in the same manner as other funds. However, within five (5) days after any such special deposit, you may call our Client Services Center at 800-523-2378 and direct us to reverse our set-off. In such an event, we will return to you the amount of your deposit and close the account. You will still be obligated to pay us the amount of any deficit in the account.

32. FDIC INSURANCE Your deposits with Wilmington Trust Company and Wilmington Trust FSB (including this account and any other accounts you have with Wilmington Trust Company and Wilmington Trust FSB) are insured by the FDIC, up to current FDIC insurance limits. Funds you hold in different ownership categories are insured separately from each other. Each of these ownership categories (i.e., single, joint, or Totten Trust) has specific requirements that must be met in order to receive separate insurance under the category. For further information on FDIC insurance coverage, please see the FDIC’s brochure “Your Insured Deposits,” or visit the FDIC website at www.fdic.gov.

33. ELECTRONIC FUND TRANSFERS (REGULATION “E”) (Consumer Accounts Only)

Set forth below is certain information about electronic transactions involving your deposit account. The disclosures below are not meant in general to address loan and other credit transactions, such as advances of credit you may obtain under your credit card issued by Wilmington Trust (“Credit Card”).

33a. Types of Electronic Fund Transfers – You may use your QuickCheckSM Debit Card or STAR® Card (each, a “Debit Card”) to conduct the following types of transactions at certain automated teller machines (“ATMs”), retail establishments (“Merchants”), or financial institutions, and/or you can conduct the following types of transactions over the telephone or over the Internet (through our On-Line Banking service).

(i) withdraw cash from your accounts;

(ii) make deposits to your accounts;

(iii) transfer funds between your Wilmington Trust deposit accounts, or between your Wilmington Trust deposit accounts and your accounts with other U.S. chartered financial institutions;

(iv) use funds in your accounts to make point-of-sale purchase transactions (“Purchase Transactions”) at participating Merchants or obtain funds from your accounts from participating Merchants or from financial institutions participating in the VISA® or STAR® network;

(v) make payments, including preauthorized payments, from your accounts;

(vi) wire funds to or from your accounts;

(vii) have direct deposits made to your accounts; and

(viii) initiate ACH transactions to or from your accounts (including electronic check conversion with another party such as a merchant in which information from one of your checks is converted to an automated debit transaction and processed as a Purchase Transaction, accounts receivable, or re-presented check transactions against your deposit account).

Further information concerning these different types of electronic banking transactions is set forth below.

33b. ATM Transactions

Identification Of Bank ATMs: Generally, ATMs that the Bank or any of its affiliates owns or operates are either attached to one of the Bank’s branch offices or prominently display the Wilmington Trust name and logo (the “Bank ATMs”). However, the Bank or one of the Bank’s affiliates may own or operate other ATMs that are not attached to a branch of one of the Bank’s affiliates or do not prominently display the Wilmington Trust name and logo.

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PIN Numbers: You must use your personal identification number assigned to your Debit Card (“ATM PIN”) to perform transactions at an ATM. If you disclose your ATM PIN to any person who subsequently uses it to perform a transaction in your account at an ATM, that person is authorized by you to perform such transaction, unless you notify the Bank in writing that subsequent transactions by that person are no longer authorized and your ATM PIN is changed.

Deposits At or Through ATMs: You may deposit cash and checks at Bank ATMs and you may deliver cash and checks for transmission to the Bank for eventual deposit into your accounts at participating STAR® and PLUS® ATMs.

Payments At Bank ATMs: Payments on Bank loans and credit cards can be made at Bank ATMs (but not other ATMs). To make a payment, you must enclose the payment coupon with cash, checks or drafts.

Restrictions on Use of ATMs: Certain transaction services are available only at Bank ATMs and at other STAR and PLUS ATMs inside or outside of the United States. Some services may not be available at certain ATMs. You may withdraw from ATMs only up to $500 in cash per debit card from any account on any business day. However, certain ATMs not owned or operated by the Bank may have lower cash withdrawal limits. There may be other limits on the number of withdrawals and transfers you can make using ATMs.

Fees for ATM Transactions: Set forth in the Fee Schedule are fees the Bank currently charges for certain transactions, including ATM and other electronic funds transfer transactions. Fees are subject to change. The owners of ATMs you use may also charge fees (commonly called surcharges) for ATM transactions, even if the ATM is owned or operated by one of the Bank’s affiliates.

ATM Receipts: You can elect to get a receipt at the time you make any transfer to or from your account or a withdrawal from your account using any ATM.

33c. Point-of-Sale Purchase Transactions – You may make a Purchase Transaction using your QuickCheckSM Debit Card, up to your balance, at any Merchant location where the VISA Debit Card is accepted. You may make a Purchase Transaction using your STAR Card, up to lesser of your balance or $500, at any Merchant location that is participating in the STAR network. As part of the Purchase Transaction, you may receive cash from the Merchant in addition to goods and services. When you make a Purchase Transaction, the Bank will in most cases immediately withdraw the amount of the Purchase Transaction (including any cash you receive) from your account. You can get a receipt at the time you make a Purchase Transaction. Note, however, that any Purchase

Transaction you make is subject to any limits that the Bank may impose as otherwise set forth in this document.

33d. Using QuickCheckSM Cards at VISA Merchants and Financial Institutions – You may use a QuickCheckSM Card to obtain cash from your account at financial institutions participating in the VISA® system, up to the available balance in your account and any limitations imposed by such financial institutions. You may also authorize recurring payments to any Merchant with your QuickCheckSM Card. If you have made a Purchase Transaction with a QuickCheckSM Card at a participating VISA Merchant and have a problem with the quality of the purchased goods or services, the Bank may be able to help you obtain reimbursement from that Merchant, subject to certain limitations, but it is not required to do so. Of course, you must cooperate in any investigation and provide the Bank with receipts and signature samples on request.

33e. Internet, Telephone Banking, and Interbank Transfer Services – The Bank offers (i) On-Line Banking, (ii) Touch-Tone Banking, and (iii) Bank-To-Bank Transfer Services. On-Line Banking allows you to pay bills, make transfers, and obtain information on your accounts safely, quickly, and conveniently. Touch-Tone Banking allows you to pay bills and move money between your accounts using your Touch-Tone Banking personal identification number (“Touch-Tone Banking PIN”). Bank-To-Bank Transfer Service allows you to transfer funds by means of an ACH transaction (i) from any deposit account held by you at another U.S. chartered financial institution to your deposit account at the Bank and (ii) from any of your qualifying deposit accounts at the Bank to any other deposit account held by you at another U.S. chartered financial institution.

33f. Direct Deposits and Preauthorized Payments – The Bank offers a service permitting employers and other persons to make direct deposits into deposit accounts of employees or others entitled to periodic payments. If you have arranged to have direct deposits made to your account at least once every sixty days from the same person or company, you can find out whether or not the deposit has been made by calling 800-523-2378, by reviewing your account through our On-Line Banking service or by writing Wilmington Trust, Client Services, P.O. Box 8894, Wilmington, DE 19899-8894.

You can instruct the Bank to withdraw amounts in your account to make payments to Merchants and other payees on a regular basis. You may also authorize a person or company other than the Bank, such as an insurance company, utility or mortgage company, to initiate automatic withdrawals from your account. If regular payments of this type may vary in amount, the other person you are paying will send you in writing, at least ten days before each payment, a notice of

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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.) To discontinue a person or company other than the Bank from initiating automatic withdrawals from your account, you must contact that person or company.

If you have instructed the Bank in advance to make regular payments from your account to the Bank or another party, you can stop any of these payments. However, you must call or write the Bank at the above phone number or address in time for the Bank to receive your request three (3) business days or more before the payment is scheduled to be made. For regular payments that you have set up through On-Line Banking, you can stop any of these payments by completing a stop payment through On-Line Banking no later than 10:30 PM Eastern Time on the business day prior to your requested payment/transfer date. If you call, the Bank may also require you to put your request in writing and submit it to the Bank within fourteen days after your call. If you ask us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable only for your actual losses or damages. We may charge you a fee as set forth in the Fee Schedule for each stop payment order you give that involves a payment to a party other than the Bank.

You can also terminate any such authorization, although the Bank may require confirmation that the recipient of the funds has been notified of the termination. The Bank may charge you a fee as set forth in the Fee Schedule for each such termination.

33g. Limitations on Electronic Funds Transfers – For security reasons, there are limitations on the frequency and dollar amounts of electronic fund transfers.

In addition, on any deposit account other than a checking account, you are allowed to make no more than six transfers and/or withdrawals per calendar month (or statement cycle of at least four weeks): (i) to another one of your accounts at the Bank or to a third party through pre-authorized or automatic transfers from your account (including overdraft transfers) or transfers made through the Internet (using our On-Line Banking services); (ii) by telephone (including by using our Touch-Tone Banking service); (iii) by wire transfer; (iv) by check, draft, debit card, or similar order made by you and payable to third parties. If you repeatedly make more than six withdrawals or transfers during a calendar month or statement cycle, we will ask that you close your account and open up another account that does not limit these types of transactions.

If the Bank notifies you that it has assigned your account to “Category R,” the account may not be eligible for ATM privileges, as determined by us in our sole discretion. In this case, you will not be able to deliver funds for deposit into your account at any ATM. You must make deposits into your account at one of the Bank’s branch offices, by mailed in deposit, wire transfer or transfer from another depository institution through our Bank-to-Bank Transfer service. Also, accounts assigned to Category R are not eligible for Overdraft Protection, including access through any overdraft protection line of credit that you may have with the Bank.

33h. Periodic Statements – Please see Section 29 for information on periodic statements.

33i. Right to Stop Transfers – Under the EFTA, you have certain stop payment rights and obligations for “preauthorized electronic fund transfers,” or “PEFTs.” A PEFT is an electronic fund transfer that is authorized in advance to recur at substantially regular intervals. One-time transfers, however, are not PEFTs and are instead governed by the “All Other Electronic Fund Transfers” section below.

33j. Preauthorized Electronic Fund Transfers – If you are enrolled in On-Line Banking, by using the features available within On-Line Banking, you can stop any PEFT that you have authorized us to make. Alternatively, you can stop any such PEFT by calling us at 800-523-2378. If you call, we may also require you to send us your request in writing within fourteen (14) days after you call. In general, whether you stop the transfer/payment yourself or contact us to stop the transfer/payment, you must complete the stop transfer/payment no later than 10:30 PM Eastern Time on the Business Day prior to your scheduled transfer/payment date. If you properly delete or update a PEFT instruction or direct us to do so within this timeframe and we do not do so, we will be liable only for your actual losses or damages. We will charge you a fee as set forth in the Fee Schedule for each stop payment order you give that involves a payment or transfer to a party other than the Bank.

If you wish to discontinue or change your PEFT payments initiated by persons or companies other than us, such as insurance companies, utilities, or mortgage companies, you must contact them directly.

33k. All Other Electronic Fund Transfers – If you are enrolled in On-Line Banking, you can stop a one-time electronic fund transfer or payment that you have authorized us to make by following the procedures set forth in Section 33j above. However, you should note that the EFTA does not obligate us to honor this request, and we do not guarantee that the stop will be made in time.

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33l. Reporting of Unauthorized Transactions or Lost or Stolen Cards, Access Codes, or Personal Identification Numbers (PINs) – If you believe that your Debit Card, ATM PIN, Touch-Tone Banking PIN, or OLB Access Code has been lost, stolen, or used by someone without your permission, or that someone has transferred or withdrawn or may transfer or withdraw money from your account, or your account otherwise has been or may be accessed without your permission, alert us IMMEDIATELY by calling us at 800-523-2378 or write to us at:

Wilmington Trust Client Services P.O. Box 8894 Wilmington, DE 19899-8894

Calling us is the best way of keeping your possible losses down. You could lose all of the money in your account if you do not contact us (plus your maximum overdraft line of credit). However, if you report the loss or theft within two (2) business days, you can lose no more than $50 if someone uses your card without your permission.

If you do NOT report the loss or theft of your card, ATM PIN or Touch-Tone Banking PIN, or OLB Access Code within two (2) business days of learning of the loss or theft, and the Bank can prove that someone could have been stopped from using your card, PIN, or Access Code without your permission if you had told the Bank, you could lose as much as $500. However, you are not responsible for any fraudulent transactions made with a Visa-branded Credit Card or Debit Card over the Visa network.

Also, if your statement shows transfers that you did not make, tell the Bank at once. If you do not tell the Bank within sixty days after the statement was mailed or delivered to you, you may not get back any money you lost after the sixty days if the Bank can prove that the Bank could have stopped someone from taking the money if you had told the Bank in time.

If a good reason beyond your control (such as a long trip or a hospital stay) kept you from telling us, we may, at our sole discretion, extend the time periods.

33m. Business Days – Our business days are Monday through Friday, excluding legal public holidays.

33n. Bank Liability under the EFTA and Regulation E – If we do not complete a transfer (or payment) to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages. We will not be liable for consequential or punitive damages or any attorneys’ fees that you may incur. However, there are some exceptions. We will NOT be liable for any damages if:

(i) through no fault of the Bank, you do not have enough money in your account to make the transfer;

(ii) the transfer requested would go over the credit limit on your overdraft line;

(iii) the ATM where you are making the transfer or withdrawal does not have enough cash;

(iv) the ATM, Merchant’s terminal or system, your computer, your software, any ISP or other Internet connection, or the Bank’s On-Line Banking or Touch-Tone Banking

service was not working properly and this problem should have been apparent to you when you attempted to authorize a transaction;

(v) the account from which the transfer is to be made has been closed or frozen or is not in good standing;

(vi) we reverse a transfer because of insufficient funds;

(vii) any transfer exceeds our maximum transfer limits or does not meet any minimum transfer limits of the Bank;

(viii) you have not properly followed software or our On-Line Banking or Touch-Tone Banking service instructions on how to make a transaction;

(ix) you have not given us complete, correct, and current instructions, account numbers, access codes, and/or other identifying information so that we can properly credit your account or otherwise complete the transaction;

(x) you do not authorize a bill payment soon enough for your payment to be made to the payee by the time it is due;

(xi) you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact;

(xii) withdrawals from your Linked Account have been prohibited by a court order such as a garnishment or other legal process;

(xiii) you, or anyone you allow to use your Debit Card, Access Code or PIN, or our On-Line Banking or Touch-Tone Banking service commits fraud or violates any law or regulation;

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(xiv) circumstances beyond our control (such as fire, flood, telecommunications outages, postal strikes, delays caused by payees or transferees, etc.) prevent the transfer, despite reasonable precautions that we have taken;

(xv) we have reason to believe that the transaction is unauthorized (for example, if you attempt to use a Debit Card, Access Code, or PIN that has been reported lost or stolen); and/or

(xvi) you attempt to complete an impermissible transaction.

There may be other exceptions from liability contained in the Bank’s other agreements with you.

33o. Disclosure of Information – We will disclose information to third parties about your account or the transfer you make:

(i) where it is necessary for completing transfers or withdrawals,

(ii) in order to verify the existence and condition of your account for a third party such as a credit bureau or merchant,

(iii) in order to comply with government agency or court orders,

(iv) to our affiliates, at our discretion, and

(v) if you give the Bank written permission.

See the Bank’s Privacy Policy Notice for more information.

33p. In Case of Errors or Questions About Your Electronic Fund Transfers – Telephone the Bank at 800-523-2378 or write to us at Wilmington Trust, Client Services, P.O. Box 8894, Wilmington, DE 19899-8894 or at wilmingtontrust.com and log-in and then click on “Mailbox” within On-Line Banking, if you think your statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt. CONTACT THE BANK IMMEDIATELY. We must hear from you no later than sixty days after we send the FIRST statement on which the problem or error appeared.

(i) State your name and account number.

(ii) Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

(iii) State the dollar amount of the suspected error.

If you tell us orally, you may be required to send us your complaint or question in writing, on a separate piece of paper (not your statement), within ten business days.

We will determine whether an error occurred within ten business days. If we need more time, however, we may take up to forty-five days. If we decide to do this, we will credit your account for the amount you think is in error within ten business days so that you will have the use of the money during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing, and we do not receive it within ten business days, we may not re-credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninty days to investigate your complaint or question. For new accounts, we may take up to twenty business days to credit your account for the amount you think is in error.

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 the investigation.

34. SAFETY TIPS FOR USING ATMS, TOUCH-TONE BANKING, ON-LINE BANKING AND OUR REMOTE DEPOSIT SERVICES

We are committed to the security of our clients’ accounts and personal and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your ATM, Touch-Tone Banking, On-Line Banking, and Remote Deposit transactions. The Access Code and your PINs are the access devices to your accounts and other services. Providing the Access Code or PIN to another person constitutes a grant of authority to access your accounts. The following guidelines, although not exclusive, should assist you in helping to maintain the security of your accounts:

(a) Be alert to your surroundings, particularly in hours of darkness, and use another ATM or return at a later time if you notice anything suspicious. Cancel a transaction, place your access device in a pocket and leave if you notice anything suspicious when using an ATM.

(b) Refrain from displaying cash, place withdrawn cash securely in a pocket or upon your person as soon as the transaction is completed and before exiting any ATM facility, and count cash in the safety of a locked enclosure such as a car or home.

(c) Be accompanied by another person when using an ATM during the hours of darkness.

(d) Direct complaints concerning ATM security to the Bank at Card Security, P.O. Box 628, Wilmington, DE 19985-9473.

(e) Immediately report all crimes to the ATM operator and to local law enforcement officials.

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(f) Never write your PIN on your ATM card, and do not keep your PIN in your purse or wallet or posted near your Computer or stored on your cell phone or other mobile device.

(g) Choose a unique and easy to remember PIN, but don’t use your own birthday or social security number, since these numbers may be found in a wallet or purse.

(h) Never reveal your Access Code, PIN, or security questions or security answers to anyone else, including any Bank employee (except for your User ID, which we may need you to provide to us in order for us to assist you with On-Line Banking or Remote Deposit service issues), particularly while on the telephone or while using the Internet when not connected directly to On-Line Banking or our Remote Deposit service. There is no way to restrict another person’s activity once s/he has your Access Code or card and/or PIN.

(i) Do not conduct ATM or Touch-Tone Banking, On-Line Banking or Remote Deposit transactions for someone else, including cashing checks for others. You are responsible for any check or other item returned for any reason that was processed using your ATM or Touch-Tone Banking PIN or On-Line Banking Access Code or through your account.

(j) Do not send your Access Code, PIN or account information over any public or general email system.

(k) Do not leave your Computer or mobile device unattended while you are connected to our On-Line Banking service and then be sure to completely log out of On-Line Banking and close down all browser windows when finished.

(l) Do not respond to any type of unsolicited email or pop-up messages requesting any personal information.

(m) Install and keep anti-virus/anti-spyware software up to date on your computers.

Please observe these guidelines and remember that you may be held liable for the use of your Debit Card, Access Code or PIN and for the use of our On-Line Banking and Remote Deposit service until you have properly logged out.

The Bank or any company affiliated with the Bank will never contact you by email, telephone, or other methods requesting your account number, Access Code, PIN, security code, or other confidential information. If you are contacted by anyone requesting this information, please contact us immediately.

35. ON-LINE BANKING SERVICES (OLB) You must enroll in On-Line Banking in order to manage your account online. When you log in, you will be able to see your account status and account history, manage your account profile, and make payments and transfer funds online. We may from time to time introduce new or additional services to On-Line Banking. We will

notify you of such new services when they become available. By using these new services when they become available, you agree to be bound by the rules concerning these services which will be sent to you and/or posted on our website.

If you access our website through a mobile device, or if you access our mobile-optimized site, some of the features and functions discussed in this Section may not be available.

35a. OLB Bill Payment Services – Our OLB Bill Payment Services contain a payment system that permits you to initiate and authorize payment requests from your Payment Account to merchants, businesses or individuals you specify that are located within the United States (“Payee”).

You can arrange, at your option, for the payment of your current, future, one-time and recurring bills from a Payment Account. You may pay your loan and other credit accounts with the Bank, you may select Payees from the Bank’s master list of merchants or businesses that have agreed to receive payments from the Bank, and/or you may pay a merchant, business or individual that is not included in the Bank’s master list. By furnishing the Bank with the names and account numbers of your Payees and certain other information, you authorize the Bank to follow your payment instructions to these payees that the Bank receives from you through your use of OLB Bill Payment Services. The Bank reserves the right to refuse to make a payment to any Payee you identify for security, credit, legal/regulatory or other reasons, as the Bank may determine at any time and from time to time in its sole discretion.

You have the option of setting up two types of bill payments: (i) one-time payments, which may be set up as current or future payments; and (ii) recurring payments, which are payments of a fixed amount that are paid at a regular time interval, such as monthly (e.g., rent, mortgage payment, etc.). After you have initiated a bill payment request, the Bank will automatically execute bill payments according to your instructions until you have properly notified the Bank, in accordance with the Bank’s procedures in effect at that time, of any cancellation of or change to your instructions. When you initiate a payment request, you authorize the Bank to charge your Payment Account by the same amount as the payment(s).

Any current payment request that you initiate on a day other than a Business Day, or after 11:00 PM Eastern Time on a Business Day, will be deducted from your Payment Account on the following Business Day. Any current payment request that you initiate before 11:00 PM Eastern Time on a Business Day will be deducted from your Payment Account on that Business Day.

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For any future payment, whether one-time or recurring, if your requested payment date falls on a day other than a Business Day, the payment will be deducted from your Payment Account on the Business Day prior to your requested payment date. If the requested payment date for a future payment falls on a Business Day, the payment will be deducted from your Payment Account on that Business Day.

The Bank will not be obligated to make any payment unless your Payment Account has sufficient funds available to cover the payment on the date the Bank debits your Payment Account.

35b. Scheduling On-Line Banking Payments – ANY PAYMENT MADE THROUGH OLB BILL PAYMENT SERVICES REQUIRES SUFFICIENT TIME FOR YOUR PAYEE TO RECEIVE YOUR PAYMENT AND PROPERLY CREDIT YOUR ACCOUNT. TO AVOID THE IMPOSITION OF A FINANCE CHARGE OR OTHER CHARGES BY THE PAYEE, YOU MUST SPECIFY A PAYMENT REQUEST DATE THAT IS SUFFICIENTLY IN ADVANCE OF THE DUE DATE OF YOUR PAYMENT. ALL PAYMENTS THROUGH OLB BILL PAYMENT SERVICES MUST BE SCHEDULED SO THAT THE REQUESTED PAYMENT DATE IS AT LEAST FIVE BUSINESS DAYS PRIOR TO THE DATE THAT PAYMENT IS DUE. YOU ARE RESPONSIBLE FOR ANY LATE PAYMENT FEES, COSTS, OR FINANCE CHARGES. THE BANK WILL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED OR OTHER ACTION TAKEN BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING, BUT NOT LIMITED TO, FINANCE CHARGES AND LATE FEES.

35c. OLB Transfer Services (including Bank-to-Bank Transfers) – Our OLB Transfer Service enables you to transfer funds between your accounts with the Bank. In addition, this service enables you to transfer funds via an ACH transaction both (i) from an account held by you at another U.S. chartered financial institution to your account with the Bank and (ii) from your account with the Bank to an account held by you at another U.S. chartered financial institution, assuming that the transfer is permitted by the financial institutions and by law. This latter feature is referred in these Terms as the “Bank-to-Bank Transfer Service.” All accounts that qualify for the Bank-to-Bank Transfer Service are referred to in this section as “Accounts.”

We will not be obligated to make any transfer unless the account from which you are transferring funds has sufficient funds available to cover the transfer on the date the Bank debits such account.

Any request for a transfer between accounts at Wilmington Trust that you initiate will be processed as follows: (i) a hold for the amount of the transfer will be immediately placed on the account from which the transfer will be made; and (ii) the funds will be transferred to your account immediately.

The remaining terms and conditions in this section apply only to the Bank-to-Bank Transfer Service unless otherwise indicated. The Bank may employ one or more service providers in offering the Bank-to-Bank Transfer Service to you. Any reference to the Bank in this section also includes such service providers unless otherwise indicated.

You access and use the Bank-to-Bank Transfer Service only through our On-Line Banking service. We reserve the right to obtain such information as we deem reasonably necessary to ensure that you or persons to whom you may transfer funds are not using the Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) or the United States Treasury Department.

We may verify any Account that you add to the Bank-to-Bank Transfer Service from time to time. You authorize us to validate the Accounts, which may be done through the use of a test transfer in which one or more low value payments will be credited to and/or debited from the Account. The test credit will always occur before any test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider’s website, or by requiring you to submit proof of ownership of the Account.

You understand that in order to complete Bank-to-Bank Transfers, it is necessary for us to access the websites and databases of other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the Bank-to-Bank Transfers you request. By using the Transfer Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such fund transfers or for any other purpose authorized by these Terms, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us is true, current, correct, and complete. You hereby authorize and

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permit us to use information submitted by you to accomplish these purposes and to configure the OLB Transfer Service to be compatible with the Accounts.

For as long as you are using the OLB Transfer Service, you give to us the right to access the Accounts, effect Bank-to-Bank Transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting Bank-to-Bank Transfers, including verifying the content and authenticity of any Bank-to-Bank Transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE EFFECTING A BANK-TO-BANK TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that the Bank, its affiliates, service providers, and partners will be entitled to rely on the foregoing authorization and agency.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (i) OUR ACCESS TO THE ACCOUNTS; (ii) ANY DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR BANK-TO-BANK TRANSFER INSTRUCTIONS; (iii) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (iv) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; AND (v) ANY FUND TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for Bank-to-Bank Transfers. Be sure to check with your other financial institution for restrictions regarding transfers among your retirement (401(k), IRA, etc.), savings, trusts, loans, custodial, business, corporate, and other account types. The Bank is not responsible for any costs or losses incurred from Bank-to-Bank Transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

You may initiate Bank-to-Bank Transfers between any two of your Accounts about which you have provided the necessary information to us. Bank-to-Bank Transfers can be between Accounts within the same financial institution or at an

unrelated financial institution (although transfers between Accounts at the same institution may be effected more quickly by contacting the institution directly).

Some of these services may not be available at all times. We may from time to time make available additional or new features to the Bank-to-Bank Transfer Service. You will be approved or declined for any such additional service at our sole discretion, and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any Bank-to-Bank Transfer from your Accounts. We may at any time decline to effect any fund transfer that we believe may violate applicable law.

You may not make Bank-to-Bank Transfers in excess of limits described on the Bank-to-Bank Transfer Service. We reserve the right to change from time to time the dollar amount of Bank-to-Bank Transfers you are permitted to make using our Bank-to-Bank Transfer Service. Without limiting the foregoing, in the event that your use of the Bank-to-Bank Transfer Service has been suspended and reinstated as provided herein, you understand and agree that your use of the Bank-to-Bank Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

We reserve the right to decline to effect any Bank-to-Bank Transfer, to submit Bank-to-Bank Transfer instructions or orders, or to carry out change or cancellation requests.

You authorize us to select any means to execute your Bank-to-Bank Transfer instructions. You understand that to effect your Bank-to-Bank Transfer instruction we use the ACH. Using applicable ACH rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our service provider’s transfer account at the service provider’s clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases, this is usually between three-four banking days), our service provider will credit your Account. The sole purpose for our service provider’s transfer account is to complete your Bank-to-Bank Transfer requests and for performing the Bank-to-Bank Transfer Service. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize us to collect from the Account to which the credit side of the Bank-to-Bank Transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same

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dollar amount as the original Bank-to-Bank Transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with your Bank-to-Bank Transfer transactions. We will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated.

You understand and agree that in the event that we are unable to execute your Bank-to-Bank Transfer request utilizing the ACH, we may use other established payment mechanisms in order to complete your Bank-to-Bank Transfer instructions, such as wire transfer or check.

In the event that we at any time incur a problem with your use of the OLB Transfer Service, including without limitation a failed attempt to debit any of your Accounts or to collect with respect to any of your fund transfers as described above, and without limiting any other right or remedy that we may have under these Terms or otherwise, we reserve the right to suspend your right to use the Bank-to-Bank Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under these Terms. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Bank-to-Bank Transfer Service. In the event that we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Bank-to-Bank Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Bank-to-Bank Transfer Service, we may, in our sole discretion, thereafter restore your ability to effect Bank-to-Bank Transfers subject to such higher limits as may then be in effect.

You understand that we must rely on the information provided by you, and you authorize us to act on any instruction that has been or reasonably appears to have been sent by you, to submit Bank-to-Bank Transfer instructions on your behalf. You understand that financial institutions receiving the Bank-to-Bank Transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there

is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

We are not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant financial institution. Any rights that you may have against another financial institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

As a condition of using the Bank-to-Bank Transfer Service, you warrant to us that you will not use the Bank-to-Bank Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by these Terms or by any applicable law or regulation. You further warrant and represent that you will not use the Bank-to-Bank Transfer Service in any manner that could damage, disable, overburden, or impair the Bank-to-Bank Transfer Service or interfere with any other party’s use and enjoyment of the Bank-to-Bank Transfer Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bank-to-Bank Transfer Service. You agree that these warranties and representations will remain in full force and effect even if these Terms terminate for any reason.

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of Bank-to-Bank Transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and Bank-to-Bank Transfer instructions in accordance with any authorization procedures as may be agreed from time to time

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between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed to by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

If fund transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

In accessing and using the Bank-to-Bank Transfer Service, you confirm that, if any of your Accounts is a joint account, your joint accountholder has consented for you to use your Accounts for the Bank-to-Bank Transfer Service, or your joint account can be operated on your instructions alone. We will end your use of the Bank-to-Bank Transfer Service if any joint accountholder notifies us that (i) they never consented to your use of our Bank-to-Bank Transfer Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.

You authorize us to select any means that we deem suitable to provide your Bank-to-Bank Transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, fund transfer systems, mail, courier, or telecommunications services, intermediary banks, and other organizations. You agree to be bound by the rules and regulations that govern the applicable fund transfer systems, such as CHIPS or ACH, as published by NACHA. We will make all reasonable efforts to ensure that your Bank-to-Bank Transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period, and any interest earned will be the property of the Bank.

If we do not provide a Bank-to-Bank Transfer instruction on time, if we cause an incorrect amount to be removed from an Account, or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable Bank-to-Bank transfer instruction, we will be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.

You agree that your Bank-to-Bank Transfer instructions constitute authorization for us to complete the Bank-to-Bank Transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any Bank-to-Bank Transfer you request that we make on your behalf through the Bank-to-Bank Transfer Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of the Bank, you do not have enough money to make the Bank-to-Bank Transfer and the Bank-to-Bank Transfer is not completed or is later reversed or if your financial institution does not permit the Bank-to-Bank Transfer or the Bank-to-Bank Transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire, flood, communication or Internet problems, or failure of other financial institutions systems) prevent us from making a Bank-to-Bank Transfer or if our website was not working properly and you knew about the breakdown when you started the Bank-to-Bank Transfer.

YOU UNDERSTAND AND AGREE THAT OUR BANK-TO-BANK TRANSFER SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK-TO-BANK TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Bank-to-Bank TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON OUR WEBSITE OR IN THESE TERMS, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR

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NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANK-TO-BANK TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BANK-TO-BANK TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS, OR THAT THE BANK-TO-BANK TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

EXCEPT AS DESCRIBED IN THESE TERMS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE, OR OTHER DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE BANK-TO-BANK TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK-TO-BANK TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless the Bank, its affiliates, partners, officers, directors, employees, consultants, service providers, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Bank-to-Bank Transfer Service, our reliance on the information, instruction, license, and/or authorization provided by you under or pursuant to these Terms, your violation of these Terms or your infringement, or infringement by any other user of your Accounts, of any intellectual property or other right of any person or entity. You understand and agree that the Bank’s service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you

claim to be; you are the rightful owner of the Accounts linked for the purposes of Bank-to-Bank Transfer Service; and you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties in these Terms, the limitations on our liability, and our rights to indemnification under these Terms are continuing and will survive any termination of these Terms, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

35d. Computer Requirements – In order to use On-Line Banking, you will need the type of computer, related equipment, and software described in our On-Line Banking FAQs found under the HELP link. You are responsible for the installation, maintenance, and operation of your Computer and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not correctly operate your Computer or your software. We are not responsible for any errors or failures from any malfunction of your Computer or your software. We are not responsible for any Computer virus-related problems that may be associated with your PC and/or your use of On-Line Banking. We will have no liability to you for any damages or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or your software.

35e. Access Code and Security Questions and Security Answers – You will need your Access Code to gain access to On-Line Banking. In addition, from time to time, you may be requested to provide one or more of your security questions and answers. Use of your Access Code and your security questions and security answers is the agreed upon security procedure between you and the Bank. Keep your Access Code and security questions and security answers confidential in order to prevent unauthorized use of such information, possible loss to your accounts, and/or unauthorized use of On-Line Banking. Anyone to whom you give or disclose your Access Code will have full access to your accounts, even if you attempt to limit that person’s authority. If you forget your Password and/or your User ID or your security questions and your security answers, contact us.

35f. Hours of Service Availability – On-Line Banking is generally available 24 hours a day, seven days a week, except as noted in the “Changes/Interruptions in Services” section below.

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35g. Changes/Interruptions in Services – We may on a regular basis perform maintenance on our equipment or systems that may result in interrupted service or errors in OLB and Touch-Tone Banking. We also may need to change the services and functions available through OLB from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. You may be unable to access OLB, Touch-Tone Banking, any ISP or the Internet at any given time, and disconnections may occur from time to time. During your online session, you will be automatically disconnected following approximately 15 minutes of inactivity. (You may then log on again, if desired.)

36. YOUR WARRANTIES, RESPONSIBILITY AND LIABILITY YOU REPRESENT AND WARRANT TO US THAT: (a) YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS AND PERFORM YOUR OBLIGATIONS HEREUNDER, AND ALL INFORMATION SUPPLIED BY YOU TO US IS ACCURATE AND TRUE; (b) YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO US AND OUR SUBCONTRACTORS IN PROVIDING ANY SERVICES COVERED BY THESE TERMS; AND (c) YOU WILL USE THE ACCOUNT AND ANY SERVICES PROVIDED BY US FOR LAWFUL PURPOSES ONLY AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH OUR REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATION PROCEDURES.

You must have enough available funds or credit in any account from which you initiate or authorize us to initiate a payment or transfer, or for you to initiate or authorize any other transaction involving the payment or transfer of funds.

You are responsible for all transactions that you initiate or authorize, including any transactions that you may unintentionally or inadvertently initiate, and any losses, charges, or penalties incurred as a result. If you permit other persons to use OLB or your Access Code, or Touch-Tone Banking or your PIN, our Remote Deposit service, or any other service offered by us, you are responsible for any transactions they initiate, including any losses, charges, or penalties incurred as a result. You are responsible for properly logging out of OLB and our website by following the “Log-Out” process.

In regard to OLB Bill Payment Services and/or the Bank-to-Bank Transfer Service, you are responsible for providing us with the proper payee or transferee identification information, including the payee’s or transferee’s address, telephone number, and ABA routing number, and your identification or account number with the payee or transferee. If any of your payee or transferee

information changes after you enroll and/or initiate any payment or Bank-to-Bank Transfer instruction, you are responsible for making the change, and/or notifying us of these changes. In some cases, you may have to re-enter the payee or transferee. We are not liable or responsible if you fail to give us the correct information, and you should take the matter up with the payee or transferee receiving the funds.

If the account is for more than one person, each of you individually and all of you together agree to the Terms for yourself, any person you represent, and any person you permit to use the account or any services in connection with the account. You authorize us to deduct our fees and charges from your account balance and you agree to immediately pay any account deficit resulting from charges or overdrafts, whether caused by you or any other person who is authorized to use your account. You will also pay us any costs that we incur to collect the deficit, including our reasonable attorneys’ fees that we are legally permitted to charge to you.

Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use our On-Line Banking, Touch-Tone Banking, or Remote Deposit service. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorneys’ fees) arising from any such claims or actions. You are jointly and severally liable under these Terms.

If you ask us to undertake any special services in connection with your account, we may charge you a reasonable fee for the services and deduct this fee from your account balance.

The responsibilities set forth in this Section are in addition to your responsibilities set forth in other parts of these Terms.

37. NO WARRANTY; OUR RESPONSIBILITY AND LIABILITYWE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ON-LINE BANKING, TOUCH-TONE BANKING, OUR REMOTE DEPOSIT SERVICE, YOUR ACCESS TO ANY OF THESE SERVICES, YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant or guarantee that OLB, Touch-Tone Banking, our Remote Deposit service, the Internet, or our suppliers will be available on a specified date or time, will be uninterrupted or error free, or that OLB, Touch-Tone Banking, our Remote Deposit service, and the Internet will have the capacity to meet your demand during specific hours. We do not warrant or guarantee the accuracy, reliability, completeness, or timeliness of the content of Internet websites or other data received by you or payors via the Internet. Neither we nor our suppliers will be liable

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for any damage that you may suffer arising out of use, or inability to use, OLB, Touch-Tone Banking, our Remote Deposit Service, or products provided hereunder. Neither we nor our suppliers will be liable for unauthorized access to our transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of the Bank’s or its supplier’s negligence.

IN NO EVENT WILL WE BE LIABLE FOR DELAYS WHICH HAPPEN FOR REASONS BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF CIVIL, MILITARY, OR BANKING AUTHORITIES, NATIONAL EMERGENCIES, RIOTS, WEATHER, UNAVOIDABLE DIFFICULTIES WITH EQUIPMENT, THE UNAVAILABILITY OF THE INTERNET, ANY ERRORS IN INFORMATION PROVIDED, ANY DIFFICULTIES CAUSED BY AN INTERNET OR OTHER SERVICE PROVIDER, OR ANY HARDWARE OR SOFTWARE FAILURE, WHETHER CAUSED BY A VIRUS OR OTHERWISE.

Notwithstanding the above, in no event will the Bank or its suppliers be liable for indirect, special, incidental, consequential, economic, punitive, or other damages, including but not limited to loss of data or revenue or profits, arising out of the installation, use, or maintenance of OLB, Touch-Tone Banking, our Remote Deposit service, and/or its related equipment, software, or online services or the Internet, or any attorneys’ fees you may incur. In any case, we will be liable only for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such error(s). There may be other exceptions to the Bank’s liability as stated elsewhere in these Terms.

38. THIRD PARTY NETWORKS You may not resell or redistribute any services you receive through OLB, Touch-Tone Banking, our Remote Deposit Capture service or from our suppliers.

You acknowledge and agree that neither the Bank nor its suppliers are responsible for the content of your transmissions that may pass through any ISP or over the Internet. You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited email (“spamming”), propagating computer worms and viruses, or using the Services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties.

39. THIRD PARTY SOFTWARE; VIRUS PROTECTIONWe make no representations or warranties regarding the accuracy, functionality, configuration, or performance of any third party software that may be used in connection with OLB or our Remote Deposit service, including, but not limited to, personal financial management software, Internet browsers, and pop-up blocking software.

We are not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your Computer, software and external storage media using a reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your Computer. Additionally, you may unintentionally transmit the virus to other Computers, diskettes, and software.

40. AMENDMENTS TO THESE TERMSWhere the EFTA and REG E apply, we may amend these Terms at any time by sending notice to you by mail or, to the extent permitted by law, by email or electronic communication through OLB, before the effective date of the amendment. Where the EFTA and REG E apply, at least 21 days’ advance notice is always required if the change would result in: • Increasedfeesthatyoumayhavetopay;• Increasedliabilitytoyou;• Fewertypesofavailableelectronicfundtransfers;or• Stricter limitations on the frequency of dollar amount of

transfers.

If the EFTA and REG E apply, we are not required to give notice if an immediate change in Terms or Conditions is necessary to maintain or restore the security of an account or an electronic funds transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next scheduled periodic statement or within thirty days of making the change permanent.

If the EFTA and REG E do not apply to a particular transaction, and other applicable state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.

You may not amend, modify, delete, or supplement any of these Terms. However, without liability to you or any third party, we may, from time to time, amend, modify, delete, or supplement any of these Terms by giving you notice by posting a notice on our website, by mail or email delivery of a written notice of such amendments or changes, or by any other method permitted by law. Your continued use of the account is your agreement to any amendments or changes to these Terms.

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NO AMENDMENT, MODIFICATION, DELETION, OR SUPPLEMENT TO THESE TERMS THAT YOU PROPOSE WILL BECOME EFFECTIVE BASED ON ANY ACTION OF YOURS THAT DOES NOT MEET THE FOREGOING REQUIREMENTS (SUCH AS DEPOSITING A CHECK).

41. ASSIGNMENT/TRANSFERWe may assign our rights and delegate our duties under these Terms to a company affiliated with the Bank or to any other party. You may not assign or transfer your account to anyone else without our prior written consent.

42. NO WAIVER We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising our rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

43. CAPTIONS The captions of sections hereof are for convenience only and will not control or affect the meaning or construction of any of the provisions of these Terms.

44. DISPUTES In the event of a dispute regarding your account, both you and the Bank will try in good faith to resolve the disagreement by referring to these Terms. If there is a conflict between what one of our staff members says and these Terms, these Terms will control.

45. GOVERNING LAWRegardless of where you live or work or where you access OLB, Touch-Tone Banking or any other services provided by us under these Terms, these Terms will be governed by, and construed in accordance with, applicable laws of the State of Delaware, if the Bank is Wilmington Trust Company, or the applicable laws of the State of Maryland, if the Bank is Wilmington Trust FSB, and the federal laws of the United States of America, in each case, without regard to any choice of law provisions.

46. ENFORCEMENTIn the event that either party brings legal action to enforce these Terms or collect overdrawn funds on accounts accessed under these Terms, the prevailing party will be entitled, subject to applicable law, to payment by the other party of its reasonable attorneys’ fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Delaware, if the Bank is Wilmington Trust Company and if

allowed by applicable law, or in the State of Maryland, if the Bank is Wilmington Trust FSB and if allowed by applicable law.

47. SEVERABILITYShould any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intent of these Terms, and the remaining portions will remain in full force and effect.

48. DEFINITIONSThe following words will have the meanings specified below when used in these Terms. Some other capitalized words are defined elsewhere in these Terms in the context of the provisions in which they are used.

“Access Code” means your unique User ID, Password, Security Image, and Security Caption that you use to access and use our On-Line Banking service.

“Account” means your “deposit account,” unless otherwise noted.

“ACH” means the Automated Clearing House.

“Bank-to-Bank Transfer Service” or “OLB Bank-to-Bank Transfer Service” means that part of our On-Line Banking Transfer Services through which you may initiate transfers between accounts you have with us and accounts that you have with other U.S. chartered financial institutions.

“Bank-to-Bank Transfers” mean fund transfers between accounts that you have with us and accounts that you have with other U.S. chartered financial institutions.

“Business Day” means a day other than Saturdays, Sundays, and Bank holidays as scheduled by the Bank in Wilmington, Delaware, if the Bank is Wilmington Trust Company, or in Baltimore, Maryland, if the Bank is Wilmington Trust FSB.

Your “Computer” means any computer or other access or electronic device that you use to access our website, and the related equipment that you use for this purpose.

“EFTA” means the Federal Electronic Fund Transfer Act, 15 United States Code, Section 1693 et seq., as it may be amended from time to time.

“Linked Account” means a personal deposit account that you have with another U.S. chartered financial institution: (1) from which you have asked us to transfer funds to establish your initial deposit; and/or (2) that you set up through the Bank-to-Bank Transfer service.

“NACHA” means the National Automated Clearing House Association.

“OLB” means our On-Line Banking service.

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“OLB Account Access” means the component of our On-Line Banking service through which you can access your account information and conduct various banking functions.

“OLB Bill Payment Services” means the component of On-Line Banking through which you may initiate payments.

“OLB Transfer Service” or “On-Line Banking Transfer Service” means the component of our On-Line Banking service through which you can initiate fund transfers: (1) between qualifying accounts with the Bank; and (2) between qualifying accounts with the Bank and another U.S. chartered financial institution.

“Payment Account” means any of your Wilmington Trust checking accounts from which you make bill payments.

“PIN” is the personal identification number that you use to access and use an ATM machine (“ATM PIN”) and/or our Touch-Tone Banking service (“Touch-Tone Banking PIN”).

“REG E” means the Federal Reserve Board’s Regulation E, which implements the EFTA, 12 Code of Federal Regulations Section 205.1 et seq., as it may be amended from time to time.

“U.S.” means the 50 United States and the District of Columbia.

ARBITRATION AGREEMENT

READ THIS ARBITRATION AGREEMENT CAREFULLY. IT WILL HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS. You and we agree that either party may elect to arbitrate - and require the other party to arbitrate - any Claim under the following terms and conditions. Certain capitalized and other terms are defined below under the heading “Definitions.” This Arbitration Agreement is part of the Terms governing the deposit account we are providing to you. It also covers any other deposit accounts and Consumer Credit Transactions that you have with Wilmington Trust Company and/or Wilmington Trust FSB.

RIGHT TO REJECT ARBITRATION AGREEMENT If you act promptly, you may reject this Arbitration Agreement, in which event neither you nor we will have the right to require arbitration of some or all Claims. Rejection of the Arbitration Agreement will not affect any other aspect of any Deposit Account or Consumer Credit Transaction with us. To reject the Arbitration Agreement, you must act within the time frame and follow the instructions set forth below under the caption “Rejection of Arbitration Agreement.”

IMPORTANT NOTICE AND LIMITATIONS If you or we elect to arbitrate a Claim, neither you nor we will have the right: (1) to have a court or a jury decide the Claim; (2) to engage in pre-arbitration discovery (i.e., the right to obtain information prior to the hearing) to the same extent that you or we could in court; (3) to participate in a class action

in court or in arbitration, either as a class representative or a class member; (4) to act as a private attorney general in court or in arbitration; or (5) to join or consolidate your Claim(s) with claims involving any other person’s deposit account or consumer credit transaction. The right to appeal is more limited in arbitration than in court. Other rights that you would have if you went to court may also not be available in arbitration. This Arbitration Agreement does not just apply to your existing Deposit Account(s). It applies to your Consumer Credit Transaction(s) as well.

Definitions. Certain terms are defined elsewhere in these Terms. As used solely in this Arbitration Agreement, the following definitions will apply:

“You,” “your,” and “yours” are defined more broadly than in the Terms generally and mean each and every person who has signature authority on or is authorized to use any Deposit Account, and their heirs, executors, predecessors, successors, and assigns.

“We,” “us,” and “our” mean Wilmington Trust Company, Wilmington Trust FSB and any Covered Provider; all of their parents, wholly or majority owned subsidiaries and affiliates; any predecessors, successors, and assigns of these entities; and all officers, directors, employees, agents, and representatives thereof.

“Administrator” means the American Arbitration Association or the National Arbitration Forum, as applicable, provided that no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Agreement. Each of these companies maintains an Internet website, publishes pamphlets, and is otherwise available to answer frequently asked questions about arbitration. We encourage you to contact them directly with any questions you may have about them or arbitration. You can contact them at: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405; www.arb-forum.com, (800) 474-2371; or American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879.

“Claim” means any legal claim, dispute or controversy between you and us that: (1) cannot be resolved without a judicial or arbitration proceeding; and (2) arises from or relates in any way to any Deposit Account or Consumer Credit Transaction or the relationships resulting from any Deposit Account or Consumer Credit Transaction, including any dispute concerning the validity or enforceability of this Arbitration Agreement, any Deposit Account or any Consumer Credit Transaction, or concerning whether a dispute is arbitrable. However, “Claim” does not include any Excluded Claim or Proceeding. Without limiting the above definition, the term “Claim” covers any legal claim, dispute, or controversy, other than an Excluded Claim or Proceeding, arising

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from or relating to: (1) the signature card(s) for any Deposit Account; (2) applications, disclosures, and other documents, including these Terms, related to or evidencing any Deposit Account; (3) any notes or loan agreements, mortgages, deeds of trust, deeds to secure debt, security agreements, applications, disclosures, and other documents relating to or evidencing any Consumer Credit Transaction; (4) any insurance or other service or product offered or made available by or through us in connection with any Deposit Account or Consumer Credit Transaction, and any associated fees or charges; and (5) any documents, instruments, advertising, or promotional materials that contain information about any Deposit Account or Consumer Credit Transaction or any associated insurance or other service or product. It includes legal claims, disputes, or controversies relating to past, present, or future acts or omissions. “Claim” is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to initial claims, amended claims, new claims asserted in existing litigation, counterclaims, cross-claims and third-party claims, and claims based upon contract, tort, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law, and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. It includes disputes that arose before the date of this Arbitration Agreement.

“Covered Provider” means any third party that provides any product or service in connection with any Deposit Account or Consumer Credit Transaction if, and only if, such third party is named as a co-defendant with us in a Claim asserted by you. “Covered Provider” may include, as applicable, investors or potential investors, real estate brokers, mortgage brokers, credit bureaus, appraisers, mortgage life insurance companies, credit insurance companies, providers of extended service contracts, private mortgage insurance companies, closing agents, escrow agents, insurance agents, title insurance companies, loan originators, rating agencies, loan servicers, debt collectors, motor vehicle dealers, motor vehicle manufacturers, and motor vehicle insurers.

“Consumer Credit Transaction” means any existing, past, or future consumer loan or consumer extension of credit originated, owned, and/or serviced by us, and any modification, extension, or forbearance of any such loan or credit extension. However, “Consumer Credit Transaction” does not include any loan or extension of credit sold to or insured or guaranteed by any U.S. government agency or government sponsored enterprise (such as “Fannie Mae” or “Freddie Mac”) if, at the time that any party seeks to initiate arbitration under this Arbitration Agreement, application of this Arbitration Agreement to such loan or credit transaction would be prohibited by the rules, regulations, policies, or governing practices of such government agency or government sponsored enterprise.

“Deposit Account” means any existing, past, or future deposit account that you open with us, regardless of whether it is still open.

“Excluded Claim or Proceeding” means any of the following claims or proceedings, which will not be subject to this Arbitration Agreement: (1) any legal claim, dispute, or controversy that is governed by the terms of a subsequent arbitration agreement between you and us; (2) any legal claim, dispute, or controversy that is governed by a properly and timely delivered arbitration rejection notice; (3) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; (4) any legal claim, dispute, or controversy concerning the validity and effect of the section of this Arbitration Agreement captioned “No Class Actions,” even if such legal claim, dispute, or controversy arises in connection with or as part of a larger or separate legal claim, dispute, or controversy; (5) any action to effect a judicial foreclosure or transfer of a deed of trust; (6) any eviction or other summary proceeding to secure possession of real property securing a Consumer Credit Transaction; (7) any action to assert, collect, protect, realize upon, or obtain possession of the collateral for a Consumer Credit Transaction in any bankruptcy proceeding; (8) any action to quiet title; and (9) any action insofar as it seeks provisional or ancillary remedies in connection with any of the foregoing. Notwithstanding the prior sentence, at your request we will agree to arbitrate under this Arbitration Agreement any matter covered by items five-nine above if a court determines as an initial matter that neither we nor you will lose any material substantive rights we or you are seeking to enforce by arbitrating rather than litigating the matter in question.

Starting an Arbitration. To start an arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim will be resolved by arbitration under this Arbitration Agreement and the applicable rules of the Administrator then in effect. You can select the Administrator in your written notice electing to arbitrate, or by giving us written notice of your selection within twenty days after our election to arbitrate. If you do not select the Administrator on a timely basis, we will do so. The arbitrator will be selected under the Administrator’s rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise. Our address for giving notices relating to this Arbitration Agreement is Wilmington Trust, Legal Department - Arbitration Notice, 1100 North Market Street, Wilmington, Delaware 19890.

No Class Actions. If you or we elect to arbitrate a Claim, neither you nor we will have the right: (1) to participate in a class action in court or in arbitration, either as a class representative or a class

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member; (2) to act as a private attorney general in court or in arbitration; or (3) to join or consolidate your Claims with claims of any other person.

Location and Costs. Any arbitration hearing that you attend will take place in a location that is reasonably convenient to you. If you initiate or seek to initiate an arbitration and cannot obtain from the Administrator a waiver of the filing, administrative, hearing, and/or other fees charged by the Administrator or the arbitrator, upon your written request we will consider in good faith paying such fees on your behalf. We will not seek or accept reimbursement for any Administrator or arbitrator fees we have paid. Unless inconsistent with applicable law or any agreement between you and us, each party will bear the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration.

Discovery; Getting Information. In addition to the parties’ rights under the Administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.

Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the “FAA”); and (2) Claims involving more than $50,000 in monetary relief or equitable relief that would potentially cost either you or we more than $50,000. For these Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the cost if you appeal. In the event of such an appeal, all references to the “arbitrator” will be deemed to refer to the three-arbitrator panel, acting by majority vote.

Governing Law. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the FAA, and not by any state law concerning arbitration. To the extent that state law is relevant to matters arising under this Arbitration Agreement, the law of the State of Delaware will govern if the bank with which you have your account is Wilmington Trust Company, and the law of the State of Maryland will govern if the bank with which you have your account is Wilmington Trust FSB. The arbitrator will follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and

will be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory, and punitive damages, declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator will write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator’s rules.

Survival, Severability, Primacy. This Arbitration Agreement will survive the closing of your Deposit Account; your full payment of the Consumer Credit Transaction; our sale or transfer of the Deposit Account or Consumer Credit Transaction; any foreclosure or other legal proceeding by us to collect a debt owed by you; the transfer of any property securing the Consumer Credit Transaction; your bankruptcy; and any rescission by you or any attempt by you to rescind the Consumer Credit Transaction pursuant to any applicable law. If any portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply. However, if the “No Class Actions” provision is struck in a proceeding brought as a class action or representative action, the entire Arbitration Agreement (other than this sentence) will be null and void in such proceeding, provided that we and you retain the right to contest through appeal or further available judicial proceedings any determination with respect to the “No Class Actions” provision. In the event of any conflict or inconsistency between this Arbitration Agreement and the Administrator’s rules or any other documents relating to a Deposit Account or Consumer Credit Transaction, this Arbitration Agreement will govern, provided that any arbitration agreement or arbitration provision contained in Consumer Credit Transaction documents will govern in the event of any inconsistency between that arbitration agreement or arbitration provision and this Arbitration Agreement.

Modification or Replacement of this Arbitration Agreement. You may not modify or replace this Arbitration Agreement. You understand and agree that no employee of ours, other than our executive officers and attorneys, has authority to agree to or accept any modification, replacement, or termination of this Arbitration Agreement that you propose, and any such modification, replacement, or termination that is not signed by one of our executive officers or attorneys will be null and void. We may modify or replace this Arbitration Agreement by providing you with written notice of the modification or replacement and giving you an opportunity to reject the modification or replacement.

Rejection of Arbitration Agreement. You may reject this Arbitration Agreement (and any prior arbitration agreement between you and us) by sending us a notice (“Rejection Notice”) that we receive within sixty (60) days after the date such Deposit Account is established. (Any Rejection Notice we receive will

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apply only to such Deposit Account and not to any other Deposit Accounts.) Any Rejection Notice must include your name, address, telephone number and the applicable Deposit Account number. Unless we subsequently provide you with a different address and/or fax number, you must mail your Rejection Notice or send it by messenger service (such as Federal Express) to Wilmington Trust, Indirect Client Services - Arbitration Notice, 1100 North Market Street, Wilmington, Delaware 19890-1700 or fax it to (302) 636-6200. In the event of any dispute concerning whether you have provided a timely Rejection Notice, you must provide a signed receipt or a fax confirmation. This is the only method you can use to reject the Arbitration Agreement. If the Rejection Notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the Rejection Notice on your behalf.

Sales2058 FM0065_R3/10

Rev. 07/11

FACTS WHAT DOES M&T BANK CORPORATION DO WITH YOUR PERSONAL INFORMATION?

Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:

• Social Security number and income • Account balances and payment history • Credit history and credit scores

How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons M&T Bank Corporation chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information. Does M&T Bank

Corporation share? Can you limit this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes No

For our marketing purposes – to offer our products and services to you Yes No

For joint marketing with other financial companies Yes No

For our affiliates’ everyday business purposes – information about your transactions and experiences Yes No

For our affiliates’ everyday business purposes – information about your creditworthiness Yes Yes

For our affiliates to market to you Yes Yes

For nonaffiliates to market to you Yes Yes

To limit our sharing

• Call toll-free 1-800-785-3162 – our menu will prompt you through your choices, or • Visit us online: www.mtb.com/privacyoptout Please note:

If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.

Questions Call toll-free 1-800-724-2440 or go to www.mtb.com.

Who we are

Who is providing this notice? This notice is being provided by M&T Bank (including WTDirect), M&T Securities, Inc., MTB Investment Advisors, Inc., Wilmington Trust Company, Wilmington Trust, N.A. (including OnBank), and Wilmington Brokerage Services Company.

What we do

How does M&T Bank Corporation protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does M&T Bank Corporation collect my personal information?

We collect your personal information, for example, when you • Open an account or deposit money • Pay your bills or apply for a loan • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only

• Sharing for affiliates’ everyday business purposes – information about your creditworthiness

• Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.

• Our affiliates include companies with an M&T and Wilmington name and financial companies such as MTB Investment Advisors, Inc. and Lafayette Settlement Services, Inc.

Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.

• Nonaffiliates we share with can include companies such as insurance companies, mortgage brokers, and companies that perform marketing services on our behalf.

Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

• Our joint marketing partners can include financial institutions such as insurance companies and financial product or service marketing companies.

Other important information

Residents of the states of California, Vermont and New Mexico are provided additional rights according to state law.

• Residents of California and Vermont do not have to take any further action to limit the sharing of information – such limits are already in place. M&T will not share any of your non-public personal information (other than permitted by law) within the M&T family of companies, or with outside companies, unless you first authorize us to do so.

• Residents of the state of New Mexico do not have to take any further action to limit the sharing of information with outside companies – such limits are already in place. M&T will not share any of your non-public personal financial information (other than as permitted by law) with outside companies, unless you first authorize us to do so.

Addendum

Wilmington Trust Division of M&T Bank

The undersigned customer(s) (the “Customer(s)”) understands and agrees to the following with regard to the loan account(s), deposit account(s) or other banking product(s) or service(s)* opened at, applied for or received from M&T Bank through its Wilmington Trust division.

1. Wilmington Trust recently became part of M&T Bank Corporation, and M&T Bank acquired the branches, loans and deposits of Wilmington Trust Company and Wilmington Trust FSB. We refer to the date on which this occurred as the “Effective Date”. Beginning on the Effective Date, until further notice, the former branch and loan production offices of Wilmington Trust Company and Wilmington Trust FSB will be operated as the Wilmington Trust division of M&T Bank.

2. As of the Effective Date, the “Wilmington Trust division of M&T Bank” and “M&T Bank” are the same

FDIC–insured institution. This means that deposits held under each trade name are not separately insured, but, rather, are combined to determine whether a depositor has exceeded the applicable FDIC insurance limit.

3. Any references to “Wilmington Trust Company,” “Wilmington Trust FSB,” “Wilmington Trust,” “WT,” the

“Bank” or any similar term in any account, product or service documentation means M&T Bank. Account, product or service documentation means any agreements, disclosures or documentation in connection with the Customer(s)’ loan account, deposit account or other bank product or service obtained from the Wilmington Trust division of M&T Bank, whenever received. Any checks, deposit or withdrawal slips, receipts, bank cards (e.g., ATM cards, check cards), deposit account statements, loan account statements and other materials the Customer(s) will receive and/or be asked to sign in connection with the Customer(s)’ loan account, deposit account or other bank product or service, including, but not limited to, application or other forms, disclosures, schedules (including any fee schedules), statements, notices, communications, invoices, brochure materials (including any advertising or promotional materials), policies (including any privacy policies) and signature cards may reference “Wilmington Trust Company,” “Wilmington Trust FSB,” “Wilmington Trust,” “WT,” the “Bank” or any similar term and each such reference is to the Wilmington Trust division of M&T Bank.

Agreed and accepted on __________________, 2011. RETAIL AUTHORIZATION: Signature ____________________________ Print Name _____________________________ Signature ____________________________ Print Name _____________________________ Signature ____________________________ Print Name _____________________________ Signature ____________________________ Print Name _____________________________ COMMERCIAL AUTHORIZATION: Customer Name/Account Title _____________________________________________________ Authorized Signature ________________________ Print Name __________________________ Title _____________________________________ * Wealth advisory, corporate client services and consumer credit card accounts and services are not covered by this Addendum.