Online Banking and Bill Payment Agreement

(Effective July 2004)

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. IF YOU AGREE TO ITS TERMS, PLEASE CLICK THE “I ACCEPT” BUTTON AT THE END.

1. Introduction. This Agreement sets forth the terms and conditions of the online banking and bill payment service (the “Service”) offered by Sunwest Bank. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Bank” refer to Sunwest Bank. This Agreement supplements, and supersedes where inconsistent, the terms of your account agreement with us. Your use of the Service will be deemed evidence of your agreement to these terms.

2. Our Service. This Service has two components:

• > Online Banking Service — You can obtain information about your accounts and transactions, make transfers between your accounts with us, and communicate with us electronically.
• > Online Bill Payments — You can make payments to others.

3. Your Equipment. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and software are compatible with our system. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature.

4. Your User ID and Password. You need an Access ID and Password to access the Online Banking Service and a User ID and a Password to access the Online Bill Payment Service. For the sake of convenience, we will refer to both sets of identification simply as your User ID and Password throughout this Agreement. You are responsible for keeping them secure and confidential. Never place them on or near your computer.

If you forget your Password:

• > For the Online Banking Service contact us at 1-714-730-4444, Monday through Friday, 8:00am to 5:30pm.
• > For the Online Bill Payment Service contact us toll free at 1-866-722-8997, Monday through Friday, 4:30am to 8:00pm.
• > For security reasons, we may disable your Password if it is entered incorrectly three times. You should memorize your Password and change it periodically. We may act on any Service instruction that is accompanied by your User ID and Password. You agree not to disclose your User ID or Password to anyone.

5. Your Accounts. In order to use the bill payment Service, you must have a checking account with us. The checking account will be your primary online banking account. If you have more than one checking account with us, you must designate one of them as your primary account. If you do not do so, we may select a primary account for you. Service fees may be charged to your primary account. At our discretion, we may refuse to allow certain accounts to be linked to the Service.

6. Account Balance and Transaction Information. You can use your computer to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.

7. Transfers. You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts. Transfer requests received by us on or before the “cutoff hour” of 5:00 p.m. (Pacific Time) on business days will be posted that day. Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day. Transfers are limited to accounts with a similar ownership. We may refuse transfers from accounts that require more than one signature for withdrawals.

8. Stop Payment Requests. You can use the Online Banking Service to place a stop payment order on a paper check that you have written against your account. Stop payment orders received on a weekend, holiday, or after 5:00 PM (Pacific Time) on a business day may be deemed received by us as of the next business day. Please see your deposit agreement for the terms related to stop payment orders. Orders are effective for six months and are subject to a $12 fee per check if placed online. NOTE: If your stop payment request is for other than a paper check, please contact us at 1-714-730-4444.

9. Online Bill Payments. If you request this Service, you can make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the service, you must specify which account you wish to use in making payments. We may refuse to allow bill payments from an account that requires more than one signature for withdrawals.

Eligible Payees. You may only designate payees located in the United States. We reserve the right to determine who may be a payee. You agree not to use the bill payment Service to pay alimony, child support, other court-directed payments, taxes, debt collectors, or to purchase securities.

Scheduling Online Bill Payments. A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to 1:00 pm PST. A single payment submitted after the cut-off time on the designated business process date will be processed on the following business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.

Initiating and Canceling Single Payments. To initiate a payment, you must specify the person or business you are paying, the payment date, and the amount to be paid. The first time you request a payment to be made to a payee, you must also specify the payee’s U.S. address, the number of the account from which the payment is to be made, and other information requested by the Service. Once you enter your payment request, you can transmit it to us by following our online instructions. We may send your payment to the payee either by transferring the funds electronically or by mailing or otherwise delivering a check to the payee. You can cancel or change a payment request electronically by deleting or changing the payment from the online payment screen. To do this, you must access the bill payment service and cancel the payment prior to the cut-off time on the business day prior to the business day the bill payment is going to be initiated. If it is too late to cancel or change a payment in this manner, you may still be able to stop or change the payment by calling us toll free at 1-866-722-8997.

Initiating and Canceling Automatic Recurring Payments. You may use the Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will make your payments automatically each month. If the processing date for any payment falls on a weekend or holiday, we may initiate payment, as follows:

• > If you select the “Pay Backward” option, we will process the payment on the preceding business day.
• > If you do not select the “Pay Backward” option (or if the “Pay Backward” option is not available), we will process the payment on the next business day.

If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.

If you have told us in advance to make regular payments out of your account, you can cancel any of these payments electronically in the manner described above. You also can cancel them by calling us toll free at 1-866-722-8997.

Unless you tell us that all future transfers to a specific recipient are to be canceled, we will treat your cancellation request as a request concerning the one payment only. You should notify the designated payee in writing that you are canceling your payment(s), as we generally will not do so.

Payment Checks. Although you do not have a right to stop the payment of an online check once the transaction has been posted to your account, we may attempt to stop the payment at your request. You agree to indemnify, defend and hold our Service vendors and us harmless in the event we and/or the vendors stop payment on such checks.

Erroneous Payment Orders. You assume sole responsibility for accurately describing payees, payment amounts, and payee addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer or payment instructions.

Rejecting Payment Orders. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if our system indicates that there may not be sufficient time to make the payment to the payee by the payment date you designate. We also may refuse to make a payment if you do not have sufficient available funds to cover the payment. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.

10. Hours of Operation. You can access account information and communicate through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

11. Privacy. Please see our Privacy Policy provided on our Sunwest Bank home page located at www.sunwestbank.com or call us at 1-714-730-4444 for information about how we gather, use and secure nonpublic personal information about you. We may release information about you, your accounts and the transactions you perform to companies that perform services for us (such as check printers and data processing firms), with your permission, and as permitted by law. We may disclose information, for example: where it is necessary or helpful for completing a payment; to report the existence, history and condition of your account to credit reporting agencies; and to comply with government agency and court orders.

12. Electronic Mail. You can use the Service to send us electronic mail (“e-mail”). Since e-mail can be subject to delays and may not be reviewed by us after normal business hours, do not rely on it if you need to communicate with us immediately (e.g., to report an unauthorized transaction). If you need to contact us immediately, call us at 1-714-730-4444 during our posted business hours. We must have a reasonable time to act upon any e-mail request, and reserve the right to reject any instruction or request received by e-mail (e.g., a request to wire funds). Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system. You agree that we may read and record any e-mail and other communications between you and our employees through the Service.

13. Business Days. Our business days are Monday through Friday, excluding holidays.

14. Service Fees. There is no fee for accessing information about your accounts through the Online Banking Service. We will charge your account $2.00 for each transfer you make with the Service. Stop payments, if made online and using the online confirmation, are $12.00. We may impose a charge for each transfer or payment that exceeds the transaction limit we set for your account each statement period ($10.00 for each excess Money Market Checking account transaction and $2.00 for each excess Savings Account transaction).

Fees for Online Bill Payment Service:

Type of Account	Monthly Charge	Number of free months	Transaction Limit	Per item fee after limit
Consumer	$7.50	2	25	$0.50
Small Business	$15.50	2	25	$0.50

The following charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any items needed to correct a Financial Institution error.

Written Correspondence to Payee: $10.00
Per proof of Payment not necessitated by a dispute: $10.00
Payments returned due to customer error: $5.00

We are not responsible for any fees that may be billed to you by your Internet service provider.

15. Limitations. We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Law and your deposit agreement limit payments and transfers from savings accounts and money market deposit accounts with us. You may only make up to 6 withdrawals and/or transfers each month by check, preauthorized or automatic transfer, draft, or telephone. Only 3 of these 6 transactions may be made by check, draft, debit card or similar order to third parties. See your deposit agreement for further details. Bill Payment Per Item Dollar Limit. There is a bill payment per item limit of $2,500.00. If you a have a single bill payment that exceeds this $2,500.00 limit and wish to schedule the payment, please call us at 1-714-730-4444.

No Duty to Monitor Payments. We do not have any duty to monitor the payments that are made through the Bill Payment Service. If you are a business and an authorized representative of yours uses your bill payment account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses arising out of or in any way connected with such use.

16. How to Notify Us of a Problem. If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your account statement). You may also call us at 1-714-730-4444 or write to us at Sunwest Bank, 17542 East 17th Street Suite 200, Tustin, CA 92780.

17. Your Responsibility. Tell us AT ONCE if you believe your User ID or Password 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 tell us within two business days, you can lose no more than $50 if someone used your User ID or Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your User ID or Password, and we can prove that we could have stopped someone from using your User ID or Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or 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 back 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.

18. Our Responsibility. If we do not complete a transfer or initiate a payment from your account on the payment date 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 example, if: (a) we process your payment in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreements with you.

19. In Case of Errors or Questions about Your Transfers or Bill Payments. Call or write to us at the number or address listed in Section 16 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) 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; and (c) tell us the dollar amount of the suspected error. For bill payments, please tell us the payee name, the date we charged your account, and the payee account number. 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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

20. Other Terms. This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (for example, waivers, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site Terms and Conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in the web site Terms and Conditions and your account agreement with respect to the Service.

21. Change in Terms. We may add to, delete from, or change the terms and disclosed fees of this Agreement at any time by sending a notice to any of you at the address or e-mail address shown in our records, by posting the notice of an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

22. Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service without notice if you do not use it for 60 consecutive days. If you decide to cancel the Service, call us at 1-714-730-4444 or write to us at Sunwest Bank, Customer Service, 17542 East 17th Street Suite 200, Tustin, CA 92780, and let us know if you have any outstanding scheduled or recurring bill payments that you also wish to cancel. We may refuse to make scheduled or recurring Service payments following termination of the Service. Any indemnification required by this Agreement shall survive its termination.

23. Business and Other Non-personal Accounts. Our obligations set forth in Sections 18 and 19, and the limitations on customer liability set forth in Sections 17 and on the back of periodic statements, do not apply in the case of 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 any online instruction we believe is given by any of you if the instruction is accompanied by your User ID and Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.

Please indicate your agreement with the terms of this Agreement by clicking the “I AGREE” button below. If you do not agree to the terms, please click the “CANCEL” button.