ELECTRONIC FUNDS TRANSFERS
(Revised September 2006)

These agreements and disclosures govern the use of Electronic Funds Transfers, including the Pacific Trust Bank Automated Teller Machine Card and MasterMoney™ Debit Card (ATM Card), the use of HomeAccess personal computer home banking and bill payer services, Touch-Tone Teller phone response system, and Automated Clearing House (ACH) or pre-authorized transfers. This takes the place of all prior Funds Transfer agreements.

PACIFIC TRUST BANK ATM AND MASTERMONEY DEBIT CARDS

By use of an ATM Card with your personal identification number, you authorize us to accept deposits, make transfers and permit withdrawals and advances from or deposits and payments to your accounts with us. All ATM Cards remain the property of the Bank, and are non-transferable. You may use your ATM Card to: (1) Withdraw cash from your savings or checking accounts, or for an advance on your authorized line of credit where applicable. Advances are subject to terms and conditions of any pre-authorized loan agreement; (2) Make deposits to your checking or savings accounts; (3) Transfer funds between your checking and savings accounts; (4) Transfer funds from your line of credit account (where applicable) to your checking or savings account; (5) Make payments on your loan accounts; (6) Learn the balance in your checking or savings accounts; and (7) Pay for purchases at places that have agreed to accept the ATM Card.

Some of these services may not be available at all terminals, and other services may become available. When you use your ATM Card at any electronic terminal operated by another institution or company, the amount, frequency and type of transactions may be subject to limitations or fees imposed by the operator of the terminal, in addition to those disclosed in this agreement.

STARsm or Maestro® Point-of-Sale Purchases - You may use your ATM Card in conjunction with your personal identification number (PIN) to electronically pay for goods and services purchased from participating merchants. Some merchants may also offer cash-back over the amount of the purchase, and may include a service charge in addition to the purchase amount. The daily point-of-sale purchase limit per ATM Card is $500. This daily limitation does not apply to MasterMoney™ Debit Card signature authorized purchases. If you have only a savings account linked to your ATM Card, it cannot be used to make point of sale purchases.

Limitations On ATM Card Transactions - Cash withdrawals are limited to $500 per 24-hour period, depending on the available balance in your account. Transfers between or from your checking and savings accounts are limited to the available balance of the account from which money is withdrawn. Point of sale purchase transactions may only access available funds in your checking account.

Fees For ATM Card Transactions and Services - There is no fee for transactions performed at ATM machines owned and operated by us. Such machines are located at various bank offices and other locations, and are clearly identified with the Pacific Trust name. In addition, there is no charge for STARsm or Maestro® point of sale transactions or MasterMoney™ Card purchase transactions. For transactions performed at all other terminals, all ATM deposits, balance inquiries, Savings/Loan transfers and your first five ATM withdrawals per month are free (customers with a Super Checking Account, High-Yield Checking Account or Green Account Clearing Account may make an unlimited number of ATM withdrawals). For additional withdrawals and other transactions performed at non-Pacific Trust ATMs through the CO-OP®, Star System®, CIRRUS® or other networks, and for other ATM account services, fees may be assessed (see Schedule Of Fees And Charges).

Card Activation - If your ATM Card requires activation, you agree to make reasonable effort to activate the ATM Card immediately. ATM Cards not activated promptly may be subject to cancellation. You also agree to promptly sign on the portion of the ATM Card designated for this purpose.

Refusal To Accept Card - We will not be responsible for the decision of any other entity or person to not accept the ATM Card for payment or for the acts of others in processing or failing to process any ATM Card transaction, whether valid or fraudulent, except as required by law.

ATM/Debit Card Transaction Holds - When you use your Pacific Trust Bank ATM or Debit Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance. When we do, we commit to make the requested funds available when the transaction finally settles, and may place a temporary hold on your account for the amount requested by the merchant. Until the transaction finally settles, or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes (e.g., to cover checks, ATM withdrawals, or other transactions). Occasionally, a merchant may incorrectly estimate the amount of a transaction or fail to notify us that a transaction has been cancelled (e.g., because you later decide to pay by check). If you incur non-sufficient fund or overdraft charges as a result of erroneous ATM/Debit Card transaction holds, contact the Bank at (877) 441-BANK and we will generally reverse the charges.

INTERNATIONAL TRANSACTIONS - A "Cross-border Transaction" refers to any ATM Card transaction in which the cardholder country code differs from the country code of the merchant. The exchange rate between the transaction currency and the billing currency used for processing international transactions through use of the ATM Card is:

• A rate selected by the card processing system from a range of rates available in currency markets for the applicable central processing date, which rate may vary from the rate the processor itself receives, or

• The government-mandated rate in effect for the applicable central processing date.

• The exchange rates used for a particular transaction on the day the transaction is processed may differ from that applicable to the date the transaction occurred or when it is posted to the cardholder's account.

In addition, a FINANCE CHARGE may be impose by the debit card or ATM card operating system processing the transaction and added to each international transaction. The amount of the "Currency Conversion Rate" FINANCE CHARGE imposed by MasterCard is currently one percent (1.0%) of the amount of the international transaction. For example, if your international transaction resulted in US $100, the FINANCE CHARGE would be $1.00. These charges are subject to current operating rules governing the system through which the international ATM Card transaction is processed, which may change from time to time.

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HOMEACCESS  INTERNET BANKING

By use of HomeAccess Online Banking and Bill Payment services with your login Access ID and password, you (the "user") agree to the terms and conditions as disclosed online within the HomeAccess Online Banking system and also available on the Bank's web site: www.pacifictrustbank.com. There is no service fee required to use HomeAccess, but other charges related to your account or transactions may apply (see the HomeAccess Online Banking & Bill Payment Agreement and the Schedule Of Fees And Charges).

Through a personal computer or other authorized access device, you may use HomeAccess to: Transfer funds between your Pacific Trust accounts; Make a loan payment by funds transfer; Withdraw available funds and request a check be mailed to you; Get a loan advance from your line of credit account; Make inquiries as to the status of your savings and loan accounts and recent transactions; Pay bills; and Perform other services as they may become available. By use of HomeAccess with your personal code number, you authorize us to transfer funds between specified accounts with us in accordance with instructions given by you to HomeAccess, and permit withdrawals to be sent to you and to pay bills to specified payees. All HomeAccess transactions are limited to those within the account terms and conditions herein described and by the rules and regulations governing accounts.

BILL PAYER SERVICE

Through HomeAccess, we will process Bill Payment requests only to those payees as the user authorizes and for whom Pacific Trust has the received proper payment instructions. We will not process any Bill Payments if the required transaction information is incomplete or if sufficient funds are not then available. We will withdraw the designated funds from your account for Bill Payment on the date you schedule for payment. We will process your Bill Payment transfer to the payee within one (1) business day of the date you schedule payment.

You must allow sufficient time for payees to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail (5 to 7 business days). We cannot guarantee the time that any payment will be credited to your account by the payee, nor can we be held responsible for any fees, late charges or costs you may incur resulting from your use of the Bill Payment service.

There is no service fee required to use Bill Payment, or restriction on the number of Bill Payments you may request. Certain fees may apply as listed in the online disclosures for insufficient funds transactions, manual re-issue Bill Payment check, deleting a Bill Payment processed but not sent, Bill Payment photocopies, Bill Payment sent via express mail, re-credits to your account, and stop payments.

Bill Payment service users are responsible for the accuracy of the payment information they input on the HomeAccess system, and extreme care should be taken when setting up Bill Payment transactions. Bill Payment items may be misapplied by the payee or returned due to an incorrect user account number, incorrect amount due, incorrect payee, or incorrect payee address. Bill Payment transactions that are returned by the payee will be researched and resubmitted immediately upon correction. User notification of returned Bill Payment items normally will be sent by email.

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TOUCH-TONE TELLER AUDIO RESPONSE SYSTEM

You may use Touch-Tone Teller to: Transfer funds between your savings and checking accounts; Make a loan payment by funds transfer; Withdraw available funds and request a check be mailed to you; Get a loan advance from your line of credit account; and Make inquiries as to the status of your savings and loan accounts and recent transactions. By use of Touch-Tone Teller with your personal code number, you authorize us to transfer funds between your checking or savings accounts and credit or loan accounts with us in accordance with instructions given by you to Touch-Tone Teller, and permit withdrawals to be sent to you. All Touch-Tone Teller transactions are covered by our rules and regulations governing accounts. There is no service fee required to use Touch-Tone Teller.

RECEIPTS AND STATEMENTS FOR ELECTRONIC TRANSFERS

You can get a receipt at the time you make any transfer to or from your accounts using an electronic transfer machine (ATM). You should retain a copy of the receipt from the electronic transfer machine so you can compare it with your account statements. Touch-Tone Teller transactions will appear on your monthly statement. Depending on the types of accounts you have, you will get a monthly account statement (unless there are no transfers in a particular month). In any case you will get a statement at least quarterly.

Pre-Authorized Credits - If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (619) 498-0081 to find out whether or not the deposit has been made.

TO STOP PRE-AUTHORIZED TRANSFERS

Right To Stop Payment And Procedures For Doing So - If you have told us in advance to make regular payments out of your account, you can stop any of the payments. Here's how:
 

in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop-payment order you give (see Schedule Of Fees And Charges).

Notice Of Varying Amounts - If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Liability For Failure To Stop Payment Of Pre Authorized Transfer - If you order 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 for your losses or damages.

YOUR LIABILITY FOR ANY ELECTRONIC TRANSFERS

Tell us AT ONCE if you believe your ATM Card or Personal Identification Number has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you believe your ATM Card or Personal Identification Number has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your ATM Card or Personal Identification Number without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ATM Card or Personal Identification Number, and we can prove we could have stopped someone from using your ATM Card or Personal Identification Number without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

IF YOU BELIEVE SOMEONE HAS TRANSFERRED, OR MAY TRANSFER MONEY FROM YOUR ACCOUNTS, OR IF YOU BELIEVE YOUR ATM CARD OR PERSONAL IDENTIFICATION NUMBER HAS BEEN LOST OR STOLEN, CALL OR WRITE US AT THE PHONE NUMBER AND ADDRESS LISTED BELOW.
 

IF YOU DISCOVER THAT YOUR ATM CARD OR MASTERMONEY DEBIT CARD HAS BEEN LOST OR STOLEN, IMMEDIATELY CALL US DURING NORMAL WORKING HOURS AT (800) 338-3130, OR AFTER NORMAL WORKING HOURS AND ON WEEKENDS OR HOLIDAYS CALL (800) 754-4128.

Business Accounts and Other Non-Personal Accounts - The Bank may accept on your behalf, payments to your account which have been transmitted through one or more ACHs and which are not subject to the Electronic Funds Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of California as provided by ACH rules.

Our obligations under the error resolution and liability provisions of this Electronic Fund Transfers section, as well as those on the back of periodic statements, and the limitations on your obligations under this section, do not apply to business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process transactions that are initiated by means of a card and/or a PIN for such accounts, even if the transactions are not initiated or authorized by you, unless we are notified in advance that the Card or PIN have been lost or stolen.

Our Liability For Any Electronic Transfers - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance: (1) If, through no fault of ours, you do not have enough money in your account available to make the transfer; (2) If the transfer will exceed your credit limit or the withdrawal limit of your ATM Card; (3) If the ATM terminal where you are making the transfer does not have enough cash; (4) If the ATM terminal or system is not working properly, and you knew about the breakdown when you started the transfer; (5) If circumstances beyond our control (such as fire, flood, or vandalism) prevent the transfer, despite reasonable precautions that have been taken; (6) If your ATM Card has been reported lost or stolen, has expired, is damaged so that the machine cannot read the encoding strip, is inactivated due to 12 months of non-use, is retained by us at your request, or because your Personal Identification Number has been repeatedly entered incorrectly; and (7) There may be other exceptions than those stated in this agreement.

Account Information - We will disclose information to third parties about your account, or the transfers you make, where it is necessary for completing transfers, in order to verify the existence and condition of your account for a third party such as a credit bureau or merchant, in order to comply with government agency or court orders, or if you give us your written permission.

Change in Terms/Termination of Service - We may change the terms or terminate your use of our electronic fund transfer services at any time, with or without cause and without affecting your outstanding obligations under this agreement. We may terminate or suspend your electronic fund transfer service immediately if: (i) any of you breach this or any other agreement with us; (ii) we have reason to believe that there has been or may be unauthorized use of your account, Card or PIN; (iii) there are conflicting claims to the funds in your account; or (iv) any of you requests that we do so. If you ask us to terminate your account or the use of any ATM Card, you will remain liable for subsequent transactions performed by you or any authorized user.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUNDS TRANSFERS

Call or write us at the following phone number and address as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed in the statement or receipt.
 

We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made unless each of you already has an established account with us before this account is opened.

If we conclude that no error occurred, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we use in our investigation.

Business Days - While some Pacific Trust offices may be open for different time periods and on other days, our business days are Monday through Friday from 8:30 a.m. to 5:00 p.m. Holidays are not included

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IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT

SUBSTITUTE CHECKS AND YOUR RIGHTS

What is a substitute check?

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

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

What are my rights regarding substitute checks?

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

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

If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do I make a claim for a refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at using our secure e-mail system, writing to us at P.O. Box 5227, Chula Vista, CA 91912-5227, or by calling us at (877) 441-BANK. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

• A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); An estimate of the amount of your loss; An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and

• A copy of the substitute check [and/or] the following information to help us identify the substitute check: the check number, the name of the person to whom you wrote the check, the amount of the check.
  

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ATM/NIGHT DEPOSIT FACILITY USER PRECAUTIONS

As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility.  For your own safety, be careful.  The following suggestions may be helpful.

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