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Circumstances beyond our control (such as fire, flood or improper transmission or handling of paymentsby a third party) prevent the utilization of the Services, including without limitation a transfer or billpayment, despite reasonable precautions taken by us.In no event shall either party have any liability to the other party or any third party for any lost profits orcosts of procurement of substitute goods or services or for any direct, indirect, special or consequential,economic or other damage, including property damage, resulting from or arising out of this Agreement or useof the Services. Notwithstanding the foregoing, in no event shall Bank be liable for any losses or damagesresulting from: services and/or data provided by your data processing vendor(s); software defects in thirdparty software not developed by or licensed from Bank; a virus, the prevention of which was beyond thereasonable control of Bank, or a third party gaining access to Bank’s system and obtaining or altering data.THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL CONSTITUTE YOUR EXCLUSIVEREMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICEPROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE AND FORTHE SERVICES, INCLUDING, WITHOUT LIMITATION AND AS APPLICABLE, THE ACCOUNTTO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICHTHE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGEAND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED,INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OFTIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUTNOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OFTHE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES,POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHERREASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THEEMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISINGFROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCHDELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OROUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OFANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS(EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THEINSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF THESITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WEREREASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENTSHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES ORCONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM ORRELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THESERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILEDIN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN THIS AGREEMENTWITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIMOCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHERARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANYOTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITYOF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES ANDCONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALLCLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TODIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF THE LESSER OF (I) 500 (FIVEHUNDRED DOLLARS); OR (II) THE AGGREGATE FEES PAID BY YOU TO BANK AS STATEDIN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OREXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER – You warrant to the Bank that you have full and complete authority to enter into thisAgreement. The Site, Services, and related documentation are provided “as is” without warranty of any kind,either expressed or implied, in law or in fact. Bank disclaims any and all implied warranties, including, but notlimited to, the implied warranties of title, fitness for a particular purpose, merchantability, non-infringementor suitability, to you or any other person, of any of the Services provided by Bank under this Agreement orany computer software products or programs provided by Bank under this Agreement, or as to the stabilityor compatibility of Bank's software, equipment or communication interfaces with those used by you. Inparticular, we do not guarantee continuous, uninterrupted or secure access to any part of our Services, andoperation of our Site may be interfered with by numerous factors outside of our control. Some states do notallow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you. Thisparagraph gives you specific legal rights and you may also have other legal rights that vary from state to state.You acknowledge that neither Bank, its affiliates nor any of their respective employees, agents, third partyproviders or licensors warrant that Services made available through the Site or the Site itself will beuninterrupted or error free.INDEMNITY – You agree to indemnify, defend, and hold harmless Bank, its affiliates, and their respectiveemployees, directors, officers, and agents against any and all claims, demands, damages, or costs or expenses(including reasonable attorneys' fees) that arise directly or indirectly from your breach of this Agreement orarising out of or your use of the Services.FEES AND CHARGES – You agree to immediately pay the Bank for the Services in accordance with theBank's fee schedule. The Bank may modify its fee schedule at any time upon thirty (30) days prior writtennotice to you. You are also responsible for any telephone charges which you incur by accessing your accountsutilizing the Services and other applicable fees.SECURITY PROCEDURES – You agree and consent to participate in security features on the Site, such asregistering and answering security questions or changing your Password, and any other security proceduresestablished by Bank and provided to you from time to time. You acknowledge and agree that you haveapproved such security procedures and that the procedures are commercially reasonable and adequate for thepurposes intended. Bank may rely on the security procedures to determine whether any instructions areauthorized, and you will be bound by instructions issued in your name (or in the name of any AuthorizedPersons) and accepted by Bank in compliance with the security procedures, whether or not you actuallyauthorized such instructions. If the security procedures include an Access ID and Password (collectively, a"Password"), you agree that you and your Authorized Persons will keep the Passwords confidential. If youbelieve or have reason to believe that any security procedure or Password has or may have become known byunauthorized persons you will immediately notify Bank by calling us at (605) 3355200 or 800-339-1160 andagree to confirm that oral notification in writing to us at The First National Bank in Sioux Falls, 100 SouthPhillips Avenue, Sioux Falls, South Dakota 57104 within 24 hours. Bank shall have no liability for lossescaused by unauthorized access to any confidential information and you will indemnify and hold Bankharmless from any losses, costs, suits, damages, liabilities and expenses resulting from your failure to keepyour Password confidential or otherwise adequately manage the use of your Password. You will be liable forany instructions and other communications initiated before Bank has received such notice and has had areasonable opportunity to act on such notice. The Bank reserves the right to change any or all of the securityprocedures at any time within this Agreement.ACCEPTANCE OF TERMS AND CONDITIONS – The first time you access any of your Bank accountsthrough use of the Services, you agree to be bound by all the terms and conditions of this Agreement andacknowledge your receipt and understanding of this disclosure.ELECTRONIC COMMUNICATION – When you visit the Site or use the Services, you are communicatingwith us electronically, and you consent to receive communications from us electronically. We will

communicate with you electronically by e-mail or by posting notices on the Site. You agree that allagreements, notices, disclosures, and other communications that we provide to you electronically satisfy anylegal requirement that such communications be in writing.INTERNET CONNECTION – You understand and agree that use of or connection to the Internet isinherently insecure and that connection to the Internet provides opportunity for unauthorized access by athird party to your computer systems, networks, and any and all information stored therein. You understandthat the technical processing and transmission of the Site, including your content, may involve (a)transmissions over various networks and (b) changes to conform and adapt to technical requirements ofconnecting networks or devices. All information transmitted and received through the Internet is subject tounauthorized interception, diversion, corruption, loss, access, and disclosure. Bank shall not be responsiblefor any adverse consequences whatsoever of your connection to or use of the Internet, and shall not beresponsible for any use by you of an Internet connection in violation of any law, rule, or regulation or anyviolation of the intellectual property rights of another.LINKS AND FRAMES – Links to other sites may be provided on the portion of the Site through which theServices are offered for your convenience. By providing these links, we are not endorsing, sponsoring orrecommending such sites or the materials disseminated by or services provided by them, and are notresponsible for the materials, services or other situations at or related to or from any other site, and make norepresentations concerning the content of sites listed in any of the Site web pages. Consequently, we cannotbe held responsible for the accuracy, relevancy, copyright compliance, legality or decency of materialcontained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on abanner advertisement or a search result, your "click" may take you off the Site. This may include links fromadvertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement.These other sites may send their own cookies to users, collect data, solicit personal information, or containinformation that you may find inappropriate or offensive. In addition, advertisers on the Site may sendcookies to users that we do not control. You may link to the home page of our Site. However, you may notlink to other pages of our Site without our express written permission. You also may not "frame" material onour Site without our express written permission. We reserve the right to disable links from any third partysites to the Site.BUSINESS DAY – Unless otherwise defined by this Agreement, a “business day” is any day that the Bank isoperating and open for business. Our business days are generally Monday through Friday, however,Saturdays, Sundays and selected Federal holidays shall not be considered business days. You may contactBank to inquire if a given Federal holiday is determined by Bank to be a business day. All transactions,deposits, instructions and entries received by Bank on a day which is not a business day will be treated as ifreceived on the next business day. To view the Bank’s normal business hours, visit www.fnbsf.com.HOURS OF ACCESSIBILITY – You can usually access your Bank accounts through the Services seven (7)days a week, 24 hours a day. However, at certain times, some or all of the Services may not be available dueto system maintenance or reasons beyond Bank’s control. Bank specifically does not warrant that the Serviceswill be available at all times. During these times when Services are not available, you may use our touch-tonetelephone service, a Bank ATM, or a Bank branch to conduct your transactions (assuming you have appliedfor and been accepted to utilize such telephone and ATM services). A transfer, other than a wire transfer,initiated through the Services before 6:00 p.m. (Central Standard Time) on a business day is posted to youraccount the same day. All transfers completed after 6:00 p.m. (Central Standard Time) on a business day oron a Saturday, Sunday or Federal holiday will be posted on the next business day.TERMINATION – Either party may terminate this Agreement and your access to the Services, in whole orin part, at any time by providing the other party written notice. If you do not access your Bank accounts viaOnline Banking Services for any six (6) month period, we may terminate your Services, including billpayment.

ENTIRE AGREEMENT – This agreement and all links to exhibits embody the entire agreement betweenyou and Bank regarding the Services covered under this Agreement. It supersedes all proposals and prioragreements and all oral discussions relating to the subjects covered in this Agreement. It may not becontradicted by evidence of prior, contemporaneous or subsequent oral agreement between you and Bank.There are no unwritten oral agreements between you and Bank. If there is a conflict between the terms andconditions of this Agreement and one or more terms contained in the other agreements between you andBank, this Agreement will control. If there is a conflict between the terms of this Agreement and somethingstated by an employee, Service Provider, or contractor of ours (including but not limited to its customer carepersonnel), the terms of the Agreement will prevail.OTHER AGREEMENTS – Your use of the Services provided on the Site does not supersede your accountdisclosures, Terms and Conditions, or any other agreements you may have with us.VIOLATIONS OF TERMS AND CONDITIONS – Bank reserves the right to seek all remedies available atlaw and in equity for violations of this Agreement, including the right to block access from a particularInternet address to the Site.DISCLOSURE OF INFORMATION TO THIRD PARTIES – You authorize Bank and each of its affiliatesto disclose to third parties information you have provided or that we or our affiliates have obtained aboutyour accounts and the transfers you make: To comply with laws, regulations, government agency or court orders or requests; or To verify the existence and condition of your account for a third party, such as a credit bureau ormerchant; or Where it is necessary for completing transfers or bill payments; or To provide services relating to your account or to offer other products and services; or If you otherwise give us your written permission.SEVERABILITY; SURVIVAL – If any section, provision or condition of this Agreement is deemed invalidor unenforceable, the provision deemed invalid or unenforceable will, to the extent permitted by applicablelaw, be deemed reformed so as to be valid and enforceable. If such reformation is not possible, thisAgreement will be read as if that provision were never a part of it, and the remainder of the Agreement willbe valid and enforceable. Any provisions of this Agreement which by their nature should survive, will survivethe termination of this Agreement, including, without limitation, all indemnification, limitation of liability,governing law, release, and disclaimer provisions.NO WAIVER – We shall not be deemed to have waived any rights or remedies hereunder unless such waiveris in writing and signed by one of our authorized representatives. No delay or omission on our part inexercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights orremedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies onfuture occasions.ADDITIONAL INFORMATION – You agree to execute any additional documents and to provide anyinformation (including information necessary to remake or reconstruct any deposit, transmission, file orentry) that Bank reasonably requests.FORCE MAJEURE – No party will be deemed to have breached this Agreement if it fails to performbecause of a cause beyond the reasonable direct control of that party, and without fault or negligence of thatparty. Examples of causes beyond the reasonable direct control of a party include, without limitation, anyfailure or interruption of any electronic communication system between you and Bank, equipment or

software failure or malfunction, electrical, computer, or mechanical failure or malfunction, action or inactionof government, civil or military authority, fire, strike, lockout or other labor disputes, flood, hurricane, war,riot, theft, earthquake, natural disaster, default of common carriers or third party vendors, and suspension inpayments by another financial institution.SUCCESSORS AND ASSIGNS – This Agreement is binding upon and is for the benefit of Bank and youand their respective successors and assigns. Bank reserves the right to transfer or assign this Agreement orany right or obligation under this Agreement at any time to any party. Bank may also assign or delegatecertain of our rights and responsibilities under this Agreement to independent contractors or other thirdparties. You may not transfer or assign any rights or obligations you have under this Agreement without ourprior written consent, which we may withhold in our sole discretion.AMENDMENTS – We reserve the right to amend this Agreement and change the charges, fees or otherterms described in this Agreement at any time. When changes are made to any fees, charges, or other materialterms, we will update this Agreement on our website and provide notice of changes by email, fax, or mailusing the contact information shown on our records. The notice will be sent at least thirty (30) days inadvance of the change. Further, we may, from time to time, revise, update, upgrade or enhance the Servicesand/or related applications or material, which may render all such prior versions obsolete. Consequently, wereserve the right to terminate this Agreement as to all such prior versions of any Service, and/or relatedapplications and material, and limit access to only the more recent revisions, updates, upgrades orenhancements to any Service.APPLICABLE RULES, LAWS, AND REGULATIONS – This Agreement shall be governed by, and youagree to comply with, the laws and regulations of the State of South Dakota and applicable Federal laws andregulations. In addition, you agree to be bound by and will comply with the terms of this Agreement,requirements of your Bank account(s), the Bank’s rules and regulations, and the rules and regulations of anyfunds transfer or bill payment system to which the Bank belongs. Any dispute between Bank and you (otherthan those which are arbitrated under the DISPUTES; ARBITRATION section below) must be brought inthe relevant court in South Dakota. You agree to submit to the personal jurisdiction of such court for thepurpose of litigating all claims or disputes unless said claim is submitted to arbitration as set forth below. TheUnited Nations Convention on Contracts for the International Sale of Goods shall not apply to thisAgreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute orclaim between the parties or any of their respective Affiliates arising under this Agreement.DISPUTES; ARBITRATION – In the event of a dispute regarding the Services, you and we agree to resolvethe dispute by looking to this Agreement. For any claim (excluding claims for injunctive or otherequitable relief) where the total amount of the award sought is less than 10,000.00 USD, the partyrequesting relief may elect to resolve the dispute in a cost effective manner through binding nonappearance-based arbitration. If a party elects arbitration, that party will initiate such arbitrationthrough Judicial Arbitration and Mediation Services ("JAMS"), the American ArbitrationAssociation ("AAA"), or an established alternative dispute resolution (ADR) administrator mutuallyagreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitrationmay be conducted telephonically, online and/or be solely based on written submissions, at theelection of the party initiating the arbitration; (b) the arbitration shall not involve any personalappearance by the parties, their representatives or witnesses unless otherwise mutually agreed by theparties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision withinninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitratormust render a decision within thirty (30) days of submission; and (e) any award in such arbitrationshall be final and binding upon the parties and may be submitted to any court of competentjurisdiction for confirmation. The parties acknowledge that remedies available under federal, stateand local laws remain available through arbitration. NO CLASS ACTION, OTHERREPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR

JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSONSHALL BE ALLOWABLE IN ARBITRATION.NOTICES – If this Agreement requires that notices be written, notices may be sent to you by e-mail, UnitedStates mail, or by hand delivery using the contact information shown on our records. Written notices yousend to us may be mailed or hand delivered to the following address: The First National Bank

Online Banking Services and exit the Site immediately. If you have any questions or do not understand any terms of this Agreement, please contact us at (605) 335-5200 or 800-339-1160 prior to your use of the Services. DEFINITIONS - The terms "we", "us," "our," and "Bank" refer to The First National Bank in Sioux Falls.