Online Banking Terms

PACIFIC TRUST BANK'S
HomeAccess Online Banking & Bill Payment
Agreement 

This Agreement describes your rights and obligations as a user of the HomeAccess Online Banking Service and Bill Payment Service ("Services"), which supercedes all prior agreements. It also describes the rights and obligations of Pacific Trust Bank. Please read this Agreement carefully. By performing Online Banking transactions or by pressing the "I Accept" button below (if applicable), you agree to comply with the terms and conditions of this Agreement, as well as any future revisions to this agreement.

Definitions

The following definitions apply in this Agreement. "Online Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; "Online Account" means any Pacific Trust Bank account from which you will be conducting transactions using a Service; and "Password" is the code sent to you by Pacific Trust Bank for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service. "Time of day" references are to Pacific Standard Time or Pacific Daylight Time, as applicable. "We," "us" or "Pacific Trust" refer to Pacific Trust Bank, which offers the Services, and which holds the accounts accessed by the Services.

Access to Services

We will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. You will gain access to your online accounts through the use of your internet-enabled computer and your Internet Service Provider using your Access ID and your Password.

The Access ID and temporary Password will be produced and delivered (in person, or via US mail, email or telephonically) to the client whose social security number was used in the enrollment process. This will give that individual client access to accounts in which he is an owner and authorized signer, including the primary checking account.

Note: For any relationship where there are individual and joint accounts in a single household, each of you must enroll separately to insure that access to individual accounts within that household is limited to the authorized owner only. Each of you will then receive a separate Access ID and temporary Password.

Hours of Operation

The Services are available 24 hours per day, seven days a week, except during special maintenance periods, which generally are scheduled between 9:00 p.m. Sunday night and 3:00 a.m. Monday morning. For purposes of transactions, Pacific Trust's Online Banking business days are Monday through Saturday, excluding holidays as determined by us. All Online Banking transaction requests received after 4:00 p.m. on business days, and all transactions which are requested on Sundays or holidays on which we choose to remain closed, will be processed as of the next business day. Pacific Trust's Online Banking business day begins at 6:30 a.m. All times noted in this agreement are Pacific Standard Time or Pacific Daylight Time, as applicable.

Use of Your Security Password

You agree not to allow anyone to gain access to the services or to let anyone know your password used with the services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

If Your Password Has Been Lost or Stolen

If your password has been lost or stolen, call us immediately at (877) 441-BANK, 8:30 a.m. to 6:00 p.m. Monday - Friday, or 9:00 a.m. to 4:00 p.m. on Saturdays. Telephoning us is the best way of minimizing your losses. If you believe your password has been lost or stolen and you telephone or write us within four business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your password without your permission. If you do NOT telephone or write us within four business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.

Services Available with Online Banking

Pacific Trust Bank's HomeAccess Online Banking allows you to perform some or all of the following functions for your qualified Accounts.

• Obtain Account balances and transaction information for your Accounts
  

• Transfer funds between your Accounts
  

• Send electronic mail to us
  

• Make payments to any person or business (a "payee") in the United States
  

• Schedule and make future payments
  

• Set up automatic, recurring future payments
  

• Review, change and cancel payments
  

• Transfer funds from a deposit account to make payments on consumer or mortgage loan accounts with us
  

• Obtain a loan advance from your home equity line of credit account
  

• Request Stop Payment of a check you have written
  

We may modify the services available through Online Banking from time to time in accordance with applicable law. Additional services may become accessible in the future. As each becomes available you will be provided with a description of each such service and account fees associated with these services, and you will be given the opportunity to access each through Online Banking. Your use of these new services or accounts shall mean that you agree to any additional terms and conditions as well as payment of fees. Also, we reserve the right to delete or modify any services or accounts from Online Banking.

NOTE: Because regulations require us to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

• Regular Savings Accounts -- You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone or Online Banking.

• Money Market Deposit Accounts -- You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone, Online Banking, check, draft or debit card.

These features are limited by and subject to the terms set forth below:

• There may be a one (1) business day delay in transferring funds between designated accounts depending upon the day and time on which you request the transfer. Transfers are subject to funds availability.
  

• A transfer from an overdraft line of credit or home equity line of credit account will be treated as a cash advance from that account and is subject to the agreement that governs that account. Other than your line of credit accounts, credit accounts funds cannot be accessed through Online Banking.
  

• No transfers may be made from any account that requires two or more signatures.
  

• Balance and transaction information provided on any day may be current or reflect information as of the close of business on the preceding day. Transactional information for your Accounts may be available for your current statement cycle, previous statement cycle, and for periods up to 3 months old.
  

• For security reasons, we may limit the frequency and dollar amount of transactions from your account.
  

Time factors effecting Bill Payment and Funds Transfer requests

If the Online Banking session during which you schedule an on-demand (immediate) Transfer or Bill Payment ends by 4:00 p.m. (Pacific Standard Time or Pacific Daylight Time, as appropriate), we will consider to have received it on that business day. Otherwise, it will be considered received as of the following business day. For all entries made using the services, the time recorded by the Online Banking service controls.

The way to cancel or change a scheduled or recurring transfer or payment is to use the Online Banking service. Scheduled Transfers and Bill Payments must be changed or canceled using the Transfer or Bill Payment Service function to modify or cancel your request prior to 4:00 p.m. on the business day prior to the date the transaction is scheduled to be initiated.

Bill Payment Services

The Bill Payment Service permits you to use your internet-enabled computer to direct payments from your designated online Bill Pay Account to third parties you wish to pay. If you choose to utilize the Bill Payment Service, you may begin initiating payments immediately following receipt of your Online Banking access id and password. Your "Bill Pay Account" is the account from which you are withdrawing transaction funds when initiating a Bill Payment. This must be a checking account.

Through the Bill Payment Service, you can pay bills from your Bill Pay Account to:

• Business Payees -- any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify.

• Individual Payees -- payments made to individuals, family, or friends for non-business purposes.

The "Date" is the date of the scheduled payment for bill payment. You may set up the following types of bill payments:

• Single Payments -- a payment to be made to a payee one time, either "on demand" or on a scheduled future date.

• Recurring Payments -- payments of fixed amounts to a single payee at recurring intervals (e.g., on-demand, monthly, quarterly, semi-annually, annually, weekly, bi-weekly, bi-monthly).

Scheduling Online Bill Payments. We can process an "on demand" Online Bill Payment on the same business day as your instructions if your checking account has available funds and we receive your instructions before our Online Bill Pay cut-off hour at 4:00 p.m. If you schedule an Online Bill Payment for a future date, we process the transaction after the Cut-Off Hour on that date, the transaction is processed before business hours the day of the scheduled payment.

Your checking account must have available funds at that time to process the scheduled payment or it will be rejected due to insufficient funds. If the date you request for a future Online Bill Payment is not a business day, we process the transaction on the business day immediately preceding the date you have requested. If you schedule a recurring Online Bill Payment and the payment date does not exist in a month, the payment will be processed on the last business day of that month.

All payments you make will be deducted from the account that you designate as your Bill Pay Account on the payment date you schedule. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments/deposits to deposit type accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

Funds must be available in your Bill Pay Account, on the date scheduled for payment. If the payment date scheduled falls on a non-business day (i.e., Sunday or holiday), funds must be available in your Bill Pay Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

If your Bill Pay Account does not have sufficient available funds on the payment date you scheduled, the payment will be canceled and will not be attempted again until initiated by you. We will attempt to notify you by e-mail or U.S. Postal Mail, but we shall have no obligation or liability if the service does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction.

In all cases of canceled payments, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Payment Service. In the case of Recurring Payments, only the payment currently scheduled will be canceled. Recurring Payments scheduled for future dates will not be affected.

You must schedule the payment date at least seven (7) business days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.

If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by us, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to continue in effect. We may pay any item that is presented following the lapse of any stop payment order.

We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for delays in mail delivery, for changes to the payee's address or account number (unless you have advised us of the change sufficiently in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of Pacific Trust.

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE: notify us immediately by calling us at 619-691-1519 or 877-441-BANK, 8:30 a.m. to 5:00 p.m. or writing us at:

Pacific Trust Bank
Attention: Customer Service
P. O. Box 5227
Chula Vista, CA 91912-5227

If you do not notify us within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if we had been notified in time. If a good reason as reasonably determined by us (such as a long trip or hospital stay) delayed you from contacting us, we, at our option, may extend these time periods.

Errors and Questions

In case of errors or questions regarding an Online Banking or Bill Payment transaction, call us at 619-691-1519 or 877-441-BANK, or write us at:

Pacific Trust Bank
Attention: Client Service
P. O. Box 5227
Chula Vista, CA 91912-5227

We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need:

• Your name and account number (if any).
  

• A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
  

• The dollar amount of the suspected error.
  

• The date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days from your initial contact. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days from your original contact, we may not credit your account until the investigation is completed. If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.

You agree that Pacific Trust may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to your electronic mail service (email) within that time frame.

Limit of Pacific Trust Bank and Other Providers Responsibility

Pacific Trust agrees to make reasonable efforts to ensure full performance of Online Banking. We will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. We are not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from us or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither Pacific Trust nor Other Information Providers is responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. We will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of Pacific Trust's liability shall be as expressly set forth herein. Under no circumstances will we be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

Pacific Trust's Responsibility

Pacific Trust will be responsible for your actual losses if they were directly caused by our failure to:

• Complete an Electronic Funds Transfer as properly requested.
  

• Cancel an Electronic Funds Transfer as properly requested.
  

However, we will not be responsible for your losses if:

• Through no fault of Pacific Trust, you do not have enough money in your account to make the transfer.
  

• Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  

• There is a hold on your account, or if access to your account is blocked in accordance with banking policy.
  

• Your funds are subject to legal process or other encumbrance restricting the transfer.
  

• Your transfer authorization terminates by operation of law.
  

• You believe someone has accessed your accounts without your permission and you fail to notify us immediately.
  

• You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
  

• We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  

• We have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring.
  

• If you default under this Agreement, the Terms and Conditions of Deposit Accounts and Services, Account Disclosures, a credit agreement, or any other agreement with us.
  

• If you or we terminate this Agreement.
  

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Electronic Mail

If you send Pacific Trust Bank an electronic mail message, we will be deemed to have received it on the following business day. We will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with us immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that Pacific Trust may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and Pacific Trust agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Pacific Trust, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in Terms and Conditions of Deposit Accounts and Services and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account or other designated account each month.

Modifications to this Agreement

Pacific Trust may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

Disclosure of Information to Third Parties

We will disclose information to third parties about your account or the transfers you make:

• Where it is necessary for completing transfers.
  

• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
  

• To comply with government or court orders, or other reporting requirements.
  

• If you give us your written permission.
  

Inactivity / Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due; if you do not comply with the Agreement governing your deposit or loan accounts; if no Online Banking activity for your account(s) has occurred for a period of 60 days or longer; or if your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

To cancel the Online Banking and/or Bill Payment Service, each of you must notify Pacific Trust and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. Your final charge (if any) for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify us by one of the following methods:

1. By initiating a customer inquiry through our web site (www.pacifictrustbank.com)
   

2. By initiating an email customer inquiry to us (mail@pacifictrustbank.com).
   

3. By calling 619-691-1519 or 877-441-BANK. 8:30 a.m. to 5:00 p.m.
   

4. By writing a letter and sending it to the following address:
   

Pacific Trust Bank
Attention: Client Service
P. O. Box 5227
Chula Vista, CA 91912-5227

Governing Law

This Agreement is governed by the laws of the State of California and applicable federal law.

Fee Schedule

HomeAccess Online Banking and Bill Payment services are free. There are currently no fees for enrollment or routine use of HomeAccess Online Banking and Bill Payment Services. Certain Bill Payment exception item fees are applicable upon occurrence of certain events or customer request:

We reserve the right to change this schedule of fees, terms and conditions from time to time. We will notify you of all changes thirty (30) days prior to the effective date of the change.

The fees will be deducted automatically from your Bill Payment account. Account research and stop payment charges will be assessed at the Pacific Trust's published rates. These fees are subject to change. We will notify you in writing regarding any fee changes at least thirty (30) calendar days in advance of the effective date of these changes.