ELECTRONIC DELIVERY OF BANK STATEMENTS CONSENT, AGREEMENT, AND REGISTRATION

1. Welcome! Welcome to Independent Bank's Online Electronic Bank Statement Delivery Service. Our goal is to provide you with an easy and convenient way to receive your periodic bank statements.
2. Your Consent. For Independent Bank to begin forwarding your bank statements to you electronically, we need your consent. Please review the information below prior to giving your consent. By clicking "Accept" below, you acknowledge that you have read and agree to the terms of the electronic statement disclosure, you agree that you meet the requirements to access and retain the electronic statements, you can access and retain the sample PDF file provided, and you want to receive your account statements electronically. If there is more than one Depositor that is a party to the account, notice to any one Depositor will be effective for all. For every account on which you receive electronic statements, an email notification will be provided when your online statement is available for viewing. Your consent and authorization will remain valid until such time as you exercise your right to withdraw this consent. You will no longer receive any paper deposit statements by regular mail.

   * Scope of Communications to Be Provided in Electronic Form - An electronic statement, including copies of imaged checks that you can view, save to your computer, or print at your convenience, will be provided for each account that you have selected for electronic statements. However, if the bank has provided you with an electronic statement for your Home Equity Line of Credit or your Cash Reserve Account, these statements are for information purposes only. You will still receive a paper statement for your loan accounts that will be the official statement of record. From time to time, we may add to, modify, or delete any feature of the electronic statements at our sole discretion.

   * Email Address and Statement Availability - We will email you at your provided email address when your periodic statement is available. Your statement will be available online for a minimum of 18 months from email notification date on our system. It is your responsibility to provide us with an accurate and complete email address, contact and other information related to this disclosure and to your accounts, and to maintain and update promptly any changes in this information. You can update your email address information online by accessing the User Options and selecting email address.

   * The right to withdraw consent to have records provided electronically, including any consequences or fees associated with doing so - You may withdraw your consent to receive statements for all of your statements by emailing your request to Independent Bank at [email protected] or you can request a discontinuance of the service by calling Independent Bank at (901) 844-0400 extension 298. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic statements. Any withdrawal of your consent to receive electronic statements will be effective only after we have a reasonable period of time to process your withdrawal. After that time, you will receive paper statements. No fee will be charged for discontinuing this service. However, if receipt of electronic statements is a requirement of your account, then we reserve the right to close your account or change your account to a different account that may have an associated fee.

   * Obtaining Paper Copies of any Record upon Request - We will not send you a paper copy of any deposit statement unless you request it or we deem it appropriate to do so. You may obtain a paper copy of an electronic statement by printing it yourself or by requesting it within a reasonable time after we first provided the electronic statement to you. To obtain a paper copy, you may send a request through the website or contact a Customer Service Representative at any of our locations. Please refer to your Consumer Accounts Service and Fee Schedule for additional information about any charges that may apply for paper copies provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any statement that you have authorized us to provide electronically.

   * Prompt Review of Electronic Statements - You must promptly review your electronic statement and notify us in writing of any error within the time requirements indicated on the back of your statement. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the date the electronic statement was first made available to you regardless of when you receive and/or open the electronic statement.

   * Hardware and software requirements for access and retention of the electronic information - The hardware and software requirements to enable you to receive and retain your bank statements electronically are discussed below in Our Requirements.

3. Our Requirements. First, the same terms apply with respect to electronically delivered bank statements as for those delivered in paper form, and the deposit agreements and disclosures that you have previously entered into with or received from Independent Bank remain in effect. Second, in order to access, review and retain electronic statements (communications), you will need:

   A computer or other device with connection to the Internet using a supported browser and fully supportive of 128 bit encryption

   A personal email address

   Adobe Acrobat Reader (available free at http://www.adobe.com)

   Enrollment in Bank's Internet Banking

   A printer (for printed copies) and/or a hard drive or other storage device (for electronic copies)

4. Privacy. Our privacy policy (that has been previously provided to you) will apply to this service and the policy is incorporated into and made a part of this Consent and Agreement.
5. Service Availability. Independent Bank may change, suspend or eliminate all or any aspect of this delivery service upon notice to you.
6. Security. We are providing this service through our online banking product because of its method of maintaining the security of confidential documents. To access your bank statements you will be required to sign up for online banking and create a username and password. To protect the security of your banking information, you must not disclose or share your password with any third party. In addition, your bank statements will not be forwarded to you through email.
7. NO WARRANTY FOR CONTINUOUS OR UNINTERRUPTED SERVICE. BECAUSE OF THE UNPREDICTABILITY OF THE INTERNET, WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR BANK STATEMENTS THROUGH THE INTERNET. HOWEVER, SHOULD YOU BE UNABLE TO ACCESS YOUR STATEMENTS, YOU CAN CALL THE BANK AT THE NUMBER SET FORTH IN THE ATTACHMENT ACCOMPANYING YOUR BANK STATEMENTS AND THE BANK WILL TAKE OTHER MEASURES TO PROVIDE COPIES OF YOUR STATEMENTS TO YOU.
8. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE OR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER'S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER'S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.

   TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS CONSENT AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SERVICE. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US WITHIN THE LAST 90 DAYS (IF ANY) FOR THIS SERVICE.

9. Notices. If you want to send us a notice in relation to this Consent and Agreement, you must send it by e-mail to [email protected] or regular mail to: Independent Bank, 5050 Poplar Ave., Ste. 112, Memphis, TN 38157. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.
10. Arbitration. You agree that any claim or controversy relating to this Consent and Agreement will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in the city in which Independent Bank's main office is located and that judgment on the arbitration award may be enforced by any court having proper jurisdiction.
11. Governing Law. You agree that this Consent and Agreement is governed by the laws of the State in which the main office of the Bank is located, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our service shall be an appropriate federal or state court located in the city in which Independent Bank's main office is located.

    NOTICE: Please examine this statement. If incorrect, please contact the bookkeeping department at once. If no error is reported in ten (10) days, the account will be considered correct.

    We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

    IF YOUR FINANCIAL INSTITUTION OFFERS THE FOLLOWING SERVICES AND YOU USE THESE SERVICES, THESE DISCLOSURES, REQUIRED BY GOVERNMENT REGULATIONS, APPLY TO YOUR STATEMENT.



We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

IF INDEPENDENT BANK OFFERS THE FOLLOWING SERVICES AND YOU USE THESE SERVICES, THESE DISCLOSURES, REQUIRED BY GOVERNMENT REGULATIONS, MAY APPLY TO YOUR STATEMENT. THESE DISCLOSURES ONLY APPLY TO ACCOUNTS THAT ARE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

REVOLVING LOAN ACCOUNT

Immediate credit will be given for payments made at the address listed on the front of this statement during the institution's full service hours before processing cut-off as stated on the front of your statement. Payments received at any other location will be promptly credited, but credit could possibly be delayed up to five (5) days.

BALANCE SUBJECT TO INTEREST RATE

The INTEREST CHARGE is computed on the average-daily-balance method (including current transactions). We figure the finance charge on your account by applying the periodic rate to the "average daily balance" of your account (including current transactions). To get the "average daily balance" we take the beginning balance of your account each day, add any new advances, and subtract any payments or credits, (and unpaid finance charges). This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance".

WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT

If you think your bill is wrong, or if you need more information about a transaction on your bill, write us (on a separate sheet) at the address shown on your bill as soon as possible. In your letter, give us the following information:

• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about.

You must contact us within sixty (60) days after the error appeared on your statement. You must notify us of any potential errors in writing. You may telephone us, but doing so will not preserve your rights. We are not required to investigate any potential errors when not submitted in writing, and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following is true:

• You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount inquestion or any interest or other fees related to that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.

ELECTRONIC FUNDS TRANSFERS
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Telephone us at the telephone number, or write us at the address listed on the front of the statement as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared.

• Tell us your name and account number (if any).
• Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

We will investigate your complaint and will correct any error promptly. If we take more than 10 business days (5 business days if the suspected error involves an unauthorized transfer made by use of your Debit Card or 20 business days if the suspected error occurred within 30 days after the first deposit to the account) to do this, we will credit your account for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation.

SEND INQUIRIES TO: THE ADDRESS LISTED ON THE FRONT OF THIS STATEMENT.

By accepting this disclosure you acknowledge that Independent Bank will no longer print a paper statement for this account. All other account holders must also register for online statements in order to access this account's statement through online banking.