F&M Bank Pay-A-Loan Agreement

1. Your Agreement to the Services.

I authorize F&M Bank and Trust Company to activate my accounts for use within the Pay-A-Loan system of online banking, including, if applicable, mobile banking.

By performing actions within the Payments and Pay-A-Loan portion of F&M Bank Online or F&M Mobile+ (as those terms are defined herein), you agree to be bound by all the terms and conditions of this F&M Bank Pay-A-Loan Agreement and acknowledge your receipt and understanding of this F&M Bank Pay-A-Loan Agreement and the disclosures in this F&M Bank Pay-A-Loan Agreement. A copy of the full F&M Bank Pay-A-Loan Agreement is available for viewing at any time on F&M Bank and Trust Company’s website and will be presented prior to submission of any payments through this Pay-A-Loan service.

By continuing, you agree to the terms and conditions of the F&M Bank Pay-A-Loan Agreement as set forth herein. If you do not agree to the terms and conditions of the F&M Bank Pay-A-Loan Agreement, discontinue further use of the Pay-A-Loan service.

You agree that any information, disclosures, or notices supplemental to or under this F&M Bank Pay-A-Loan Agreement or otherwise required to be provided by law or regulation, or any amendments to this Agreement may be sent to you by electronic communication, including by e-mail to you.

2. Description of Pay-A-Loan Services.

F&M Bank and Trust Company (“F&M Bank”, “Bank,” “we,” “us”, “our”) is pleased to provide Pay-A-Loan services (“Pay-A-Loan” or “Pay-A-Loan Services”) to you. “You” or “I” refers to each authorized signer on an Account.  Pay-A-Loan can be used to establish payments on certain loan accounts you hold with F&M Bank using certain other accounts through F&M Bank’s online banking (“F&M Bank Online”) or mobile banking (“F&M Mobile+”).

This F&M Bank Pay-A-Loan Agreement (“Pay-A-Loan Agreement”) contains the terms and conditions upon which we will provide the Pay-A-Loan Services and governs the use of the Pay-A-Loan system within F&M Bank Online and F&M Mobile+. You must have at least one Eligible Account (as that term is defined herein) in order to use the Pay-A-Loan Services. The loan accounts that may be credited via the Pay-A-Loan application include only loan accounts maintained with F&M Bank (each a “Loan Account”). By using the Pay-A-Loan Services on F&M Bank Online or F&M Mobile+, you agree to abide by the terms and conditions of this Pay-A-Loan Agreement. This Pay-A-Loan Agreement will be governed by and interpreted in accordance with the laws of the State of Georgia. The term “business day” means every day except Wednesdays, Saturdays, Sundays, and federal holidays. All times referenced are Eastern Time.

This Pay-A-Loan Agreement is in addition to your other agreements with the Bank, including, but not limited to, the account agreement governing your F&M Account (“Account Agreement”), the applicable Terms and Conditions of your Account Agreement which also govern each of your F&M Accounts (“Terms and Conditions Disclosure Agreement”), the loan agreement governing your Loan Accounts (“Loan Agreement”), and the F&M Bank Online Access Agreement which governs the use of F&M Bank Online and F&M Mobile+. If there is a conflict between the terms and conditions of this Pay-A-Loan Agreement and the terms and conditions of any other agreement between you and Bank, this Pay-A-Loan Agreement will control solely with respect to the Pay-A-Loan Services.

3. Loan Accounts; Eligible Accounts.

To use the Pay-A-Loan Services, you must have both an eligible Loan Account and an Eligible Account (listed below).

Loan Account payable through the F&M Bank Pay-A-Loan Services:

• Loans Accounts maintained by F&M Bank

Eligible pay-from accounts through the F&M Bank Pay-A-Loan Services:

• “F&M Accounts” which include:
  • Open F&M Checking Accounts for which you are an authorized signer;
  • Open F&M Savings Accounts for which you are an authorized signer;
  • Open F&M Money Market Accounts for which you are an authorized signer;
• “External Accounts” are open checking or savings accounts at other financial institutions for which you are an authorized signer; and
• “Debit Card Accounts” are accounts at other financial institution for which you have an authorized debit card.

The F&M Accounts, External Accounts, and Debit Card Accounts are referred to collectively herein as the “Eligible Accounts” and each is referred to as an “Eligible Account.”

4. Benefits of Using F&M Bank Pay-A-Loan.

Through F&M Bank Pay-A-Loan, you can establish one-time or recurring payments on your eligible Loan Accounts from your home or office, on your personal computer or mobile device. You can use F&M Bank Pay-A-Loan to:

• Establish one-time payments on individual Loan Accounts
• Establish recurring payments on individual Loan Accounts
• Transfer from eligible F&M Bank Accounts to your Loan Accounts
• Transfer from authorized accounts at other financial institutions using routing and account information
• Make payments using authorized debit cards for other financial institutions

5. Accessing Pay-A-Loan.

To access Pay-A-Loan, you must access F&M Bank Online or F&M Mobile+. The F&M Bank Online Access Agreement contains the terms and conditions for your use of F&M Bank Online and F&M Mobile+. As further set out in the F&M Bank Online Access Agreement, you will be given a temporary password that will give you access to F&M Bank Online and F&M Mobile+. You will be required to change your password upon accessing F&M Bank Online and F&M Mobile+ for the first time. Your password must be a minimum of 8 characters, with mixed-case alpha-numeric characters and symbols. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password and do not write it down or give it to anyone. You are responsible for keeping your password and account data confidential. To the fullest extent allowed by law, you agree to indemnify, defend all claims, and hold Bank harmless from any loss, damages, or expenses, including but not limited to attorney’s fees, caused by your failure to keep your password and account data confidential and secure.

6. Fees; Payment of Fees

There are no fees for accessing your Loan Account and F&M Accounts via F&M Bank Online or F&M Mobile+ or viewing accounts within Pay-A-Loan.

Except as set forth in Section 12, there are no fees for payments made using F&M Accounts to Loan Accounts also maintained at F&M Bank.

There are no fees associated with performing single payments with External Accounts or Debit Card Accounts.

There are no fees associated with performing recurring payments with External Accounts or Debit Card Accounts.

Other fees, as described in the applicable Terms and Conditions Disclosure Agreement or any other agreement with F&M Bank, may apply to additional services accessed or ordered on F&M Bank Online and F&M Mobile+. Please note that fees may be assessed and billed separately by your Internet service provider or by the financial institution with which you maintain the External Accounts or Debit Card Accounts.

By entering a payment request into the F&M Bank Pay-A-Loan system, you agree that all fees, if any, as displayed on screen at the time of submitting payment are valid and authorized. You agree to pay promptly all fees and charges, if any, for services provided under this Pay-A-Loan Agreement and authorize us to charge the Eligible Account that you have designated as the payment account or any other account for the fees.

If you close the designated payment Eligible Account, you must notify us and identify a new Eligible Account for the selected services.

In addition to the Termination provisions of Section 17, your access to the Pay-A-Loan Services may be canceled at any time without prior notice due to insufficient funds in one of your Eligible Accounts or other designated payment account. After cancellation, the Services may be reinstated once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. In order to reinstate your Services, you must call Customer Service at 706-846-8415.

If you wish to cancel your Pay-A-Loan Services, please contact Customer Service at 706-846-8415 or send us cancellation instructions in writing to:

F&M Bank and Trust Company

ATTN: Customer Service

P.O. Box 718

Manchester, GA 31816

7. New Services

F&M Bank and Trust Company may, from time to time, introduce new F&M Bank Online or F&M Mobile+ services. For services that affect the Pay-A-Loan Services or functionality specific to Pay-A-Loan, we will update this Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Pay-A-Loan Agreement to the extent those new services affect the Pay-A-Loan Services.

8. First Use of Services; Agreement to Terms and Conditions

The first time you make a payment through F&M Bank Pay-A-Loan, we confirm your agreement to be bound by all the terms and conditions of this Pay-A-Loan Agreement and acknowledge your receipt and understanding of the disclosures contained herein, as further set forth in Section 1. By continuing to use the Pay-A-Loan Services, you agree to be bound by the terms contained in this Pay-A-Loan Agreement.

9. Liability; Indemnification

Except as specifically provided in this Pay-A-Loan Agreement or as otherwise required by law, you agree that neither we (F&M Bank) nor the service providers will be responsible for any loss, property damage, or bodily injury, whether caused by the equipment, software, or F&M Bank. F&M Bank will not be responsible for any loss, property damage, or bodily injury caused by internet browsers, internet service providers, online service providers, or by an agent or subcontractor of any of the foregoing, nor will we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the F&M Bank Online, F&M Mobile+, Pay-A-Loan, internet browser, or access software.

To the fullest extent allowed by law, you will indemnify, defend and hold Bank, its service providers, its affiliates, partners, officers, directors, employees and agents harmless from any and all third-party liabilities, claims, costs, expenses, and damages of any nature (including but not limited to attorney’s fees) arising out of or relating to your use of the Pay-A-Loan Services, our reliance on the information and/or authorization provided by you under or pursuant to this Pay-A-Loan Agreement, our provision of the Pay-A-Loan Services, your failure to report required changes, transmission of incorrect data to Bank, your violation or breach of any of your warranties, representations and/or obligations under this Pay-A-Loan Agreement or any other agreement between you and the Bank, and/or your breach of applicable laws, rules or regulations. This paragraph shall survive termination of this Pay-A-Loan Agreement or your use of the Pay-A-Loan Services.

10. Hours of Accessibility; Payment Cut-Off Time

You can access your Loan Accounts and F&M Accounts through F&M Bank Online or F&M Mobile+ seven days a week, 24 hours a day. However, at certain times, some or all of F&M Bank Online or F&M Mobile+ services, including Pay-A-Loan, may not be available due to system maintenance. During these times, you may use our telephone banking service (706-846-­5555), an F&M Bank and Trust Company ATM, or a branch to conduct your transactions.

Payments initiated through Pay-A-Loan by 4:00pm Eastern Time on a Monday, Tuesday, Wednesday, Thursday, or Friday (excluding federal holidays) will be posted to your account the same day. All payments initiated through Pay-A-Loan after the cut-off times on a business day, Saturday, Sunday, or banking holiday will be posted on the next business day.

11. Transaction History

You can obtain balance and transaction history of all Loan Accounts and F&M Accounts that are enrolled in F&M Bank Online or F&M Mobile+. See Section 3 for specific accounts accessible through F&M Bank Pay-A-Loan.

12. Limitations

1. Transfers. The number of transfers from F&M Bank money market and savings accounts are limited as follows:

• Money Market Accounts: During any statement cycle, you may make six withdrawals or transfers from your F&M Bank money market account without incurring fees. For each additional withdrawal or transfer from said F&M Bank money market account, there will be a $5.00 fee per withdrawal or transfer for consumer accounts and a $10.00 per withdrawal or transfer fee for commercial accounts each time these limitations are exceeded.
• Savings Accounts: You may make two withdrawals or transfers per month from your F&M Bank savings account without incurring fees. For each additional withdrawal or transfer from said F&M Bank savings account, there will be a $2.00 fee per withdrawal or transfer for consumer accounts and a $5.00 fee per withdrawal or transfer for commercial accounts each time you exceed the limitations set forth above.
  • Holds. If a hold has been placed on deposits made to an Account from which you wish to transfer funds from, you cannot transfer the portion of the funds held until the hold expires.
  • Transaction Limitations.
    • F&M Accounts: There are no transaction amount limitations for transactions performed with F&M Accounts.
    • External Accounts: Transactions performed with External Accounts are limited as follows:
      • Minimum External Account Transaction Amount – $0.01;
      • Maximum External Account Transaction Amount – $10,000.00;
      • Monthly External Account Limit Amount – $10,000.00.

• Debit Card Accounts: Transactions performed with Debit Card Accounts are limited as follows:
  1. Minimum Debit Card Transaction Amount – $0.01;
  2. Maximum Debit Card Transaction Amount- $4,000.00;
  3. Monthly Debit Card Limit Amount – $4,000.00.

These transaction limits can be adjusted at the discretion of F&M Bank and may be changed without warning.

External Accounts and Debit Card Accounts. There may be additional fees assessed by the other financial institutions with which you maintain the External Accounts or Debit Card Accounts. Those fees and the terms and conditions of said fees are governed by your agreements with those financial institutions.

13. Amendments.

We reserve the right to amend the charges, fees or other terms described in this Pay-A-Loan Agreement. When changes are made to any fees, charges, or other material terms, we will update this Pay-A-Loan Agreement and either send a notice to you at the address shown on our records or send you an electronic mail message (e-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for Pay-A-Loan transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary, as determined in Bank’s sole discretion, to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the Accounts or services to which these changes relate. The applicable Terms and Conditions Disclosure Agreement governs changes to fees applicable to specific accounts.

14. Disclosure of Account Information.

The Bank will not disclose information you have provided, or that we have obtained about your accounts and the transfers you make, except in accordance with the Bank’s Privacy Policy.

15. Questions or Error Correction on F&M Bank Online, F&M Mobile+ and Pay-A-Loan Transactions

In case of questions or errors about online funds transfers made through F&M Bank Online or F&M Mobile+, including payments made through the Pay-A-Loan Services, you should do one of the following:

• Contact Customer Service using the Online Message Center.
• Call Customer Service at 706-846-8415.

Notify the Bank as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need more information about a transaction listed on the statement or transaction record.

For F&M Accounts and any other accounts for which F&M Bank provides you an account statement, we must hear from you no later than sixty (60) days after we have sent the first paper or online statement on which the problem or error appeared. If you notify us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

When you tell us about the problem, please:

• Tell us your name and account number.
• Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is in error or why you need additional information.
• Tell us the dollar amount of the suspected error.
• For a Pay-A-Loan payment tell us the account number used to pay the loan, account name, date the payment was initiated, payment amount, reference number, and loan account number for the payment in question.

We will determine whether an error occurred within ten (10) business days after we hear from you, and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days 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. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account while we complete our investigation. We will tell you the results of our investigation within three (3) business days after we complete our investigation. If we decide that there was not an error, we will send you a written explanation. We will provide copies of the documents used in our investigation upon your request.

Except as otherwise provided herein, Bank’s liability to you for Bank’s failure to complete a properly requested transfer as required under this Pay-A-Loan Agreement shall be limited to the lesser of the amount wrongfully transferred or your actual damages resulting from Bank’s failure; provided that, Bank will not be liable:

• If, through no fault of ours, you do not have enough money in your Eligible Account to make a transfer.
• If a legal order directs us to prohibit withdrawals from the F&M Account.
• If your Eligible Account has been frozen.
• If your Eligible Account is closed.
• If the transfer would cause your balance to go over the available balance including your bounce protection limit.
• If you, or anyone you allow, commits any fraud of violates any law or regulation.
• If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working property and you knew about the breakdown when you started the transfer.
• If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a loan payment.
• If you have not properly followed the instructions for using F&M Bank Online service or F&M Mobile+ or the Pay-A-Loan Services.
• If circumstances beyond our control (such as flood, fire or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.
• If, through no fault of ours, the loss or damages arising from or relating to the the External Accounts or the loss is the result of an action or inaction by the financial institution where you main For any error arising out of or relating to your External Account, Debit Card Account, or the other financial institution where said External Account

F&M Bank and Trust Company cannot be responsible for customer errors or negligent use of the F&M Bank Online service or F&M Mobile+ and will not cover losses due to:

• Input errors or misuse of F&M Bank Online or F&M Mobile+.
• Your negligent handling or sharing of passwords leading to an unauthorized access to your accounts.
• Leaving your computer unattended during an online banking session on F&M Bank Online. You must “Exit” to end your session.
• Negligent use of your mobile device which results in unauthorized access to your account through or F&M Mobile+.
• Failure to report known incidents of unauthorized account access or loss of your mobile device within two (2) business days.

16. Other Agreements

Other Agreements: In addition to this Pay-A-Loan Agreement you agree to be bound by and will comply with the requirements of the Account Agreement, the applicable Terms and Conditions Disclosure Agreement, the Loan Agreement, the F&M Bank Online Access Agreement, the Bank’s rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and all applicable state and federal laws and regulations. We agree to be bound by them also.

With respect to your External Accounts or Debit Card Accounts, you hereby acknowledge that the terms and conditions under this Pay-A-Loan Agreement are in addition to the terms and conditions of any agreement you have with the financial institutions where you maintain the External Accounts or Debit Card Accounts. For transactions involving an External Account or Debit Card Account, you are also subject to the requirements of the other financial institution where the External Account or Debit Card Account is maintained. Except as otherwise required by law, you agree that F&M Bank shall have no liability for any losses arising out of or relating to your failure to comply with the requirements of the other financial institutions or your violation of any agreements governing your External Account or Debit Card Account that you have entered into with other financial institution(s).

17. Termination

Bank’s Right to Terminate this Agreement: The Bank may terminate the Pay-A-Loan Service and this Pay-A-Loan Agreement, without our paying you any penalty or other expenses, upon reasonable notice to you. We may terminate the Pay-A-Loan Service and this Pay-A-Loan Agreement immediately and without prior notice if: (a) you breach any agreement with us; (b) the confidentiality and/or security of your Loan Accounts or Eligible Accounts, your F&M Bank Online or F&M Mobile+ access information is compromised; (c) we have reason to believe that an unauthorized transaction has taken or may take place involving your Account or the Pay-A-Loan Service; (d) you become insolvent or the subject of a bankruptcy or dissolution proceeding; (e) you fail generally to pay your debts as they become due; (f) you make any warranty or representation which proves to be false or misleading; (g) you or we close your F&M Account(s) or Loan Accounts; or (h) in our sole discretion, we determine that you have abused the Pay-A-Loan Service or we believe that you or the Bank will suffer a loss or other damage if this the Pay-A-Loan Agreement is not terminated.

Your Right to Terminate this Agreement: You may terminate the Pay-A-Loan Services, with or without cause, by giving ten (10) calendar days prior written notice to us. You must cancel any scheduled payments, if applicable, prior to notifying us that you are discontinuing the Pay-A-Loan Service. Bank may not be able to halt the processing of any scheduled payments for processing. If you terminate the Pay-A-Loan Service, you authorize the Bank to continue making transfers you have previously authorized and to continue to charge fees, if applicable, until such time as the Bank has had a reasonable opportunity to act upon your termination notice. Once the Bank has acted upon your termination notice, the Bank will make no further transfers from your Accounts, including any transfers you have previously authorized. If the Bank terminates your use of the Pay-A-Loan Service (upon your request or otherwise), the Bank reserves the right to make no further transfers from your Accounts, including any transactions you have previously authorized.

Effect of Termination. Termination of the Pay-A-Loan Service does not terminate your Accounts, Loan Accounts, or any other account you have with Bank. Your obligations with respect to any Account, Loan Account, or loan with Bank shall survive termination of this Pay-A-Loan Agreement. If you close an Account, or if an Account is no longer linked to your Pay-A-Loan Service, any unprocessed payments may be canceled.

Additional Remedies; Reinstatement. Bank’s election to terminate this Pay-A-Loan Agreement is in addition to any and all other remedies that may be available to Bank and will not affect any obligations you may have to Bank. Any reinstatement of the Pay-A-Loan Service under this Pay-A-Loan Agreement will be at Bank’s sole discretion and must be agreed upon in writing by an authorized representative of Bank.

18. Account Security; Unauthorized Transactions

1. Preventing Misuse of Your F&M Accounts

Your role is very important in the prevention of any wrongful use of your F&M Accounts. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Customer Service at 706-846-8415.

Protecting Personal Information: In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your Social Security Number, driver’s license number, etc. The disclosure of the information by itself or together with information regarding your account may allow unauthorized access to your Account(s). It is your sole responsibility to protect personal information with the same level of care that you protect your account information.

Taking Care of Your Online Password: The password that is used to gain access to F&M Bank Online, F&M Mobile+, and the Pay-A-Loan Services should be kept confidential. We recommend that you memorize this online password and do not write it down. You are responsible for keeping your password, user ID, account numbers and other data confidential. If you believe that your online password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your authorization or permission, immediately notify F&M Bank and Trust Company Customer Service at 706-846-8415.

1. Unauthorized Transactions in Your F&M Bank Accounts

You must notify us immediately if you believe another person or entity has improperly obtained your online user ID and/or password and/or mobile device, or if you suspect any fraudulent activity on your Loan Account or F&M Accounts. To notify us, call Customer Service at 706-846-8415.

If your online user ID and/or password and/or mobile device have been compromised and an unauthorized transfer has occurred and you tell us within two (2) business days after you learn of the theft or loss, your liability for the loss will be limited to $50 if someone used your online user ID and PIN/password without your authorization or permission to access an F&M Account. If you DO NOT tell us within two (2) business days after you learn of the theft or loss, and we could have stopped someone from taking money without your authorization or permission had you told us, you could lose as much as $500, except as otherwise set forth below.

If your periodic statement shows transfers, withdrawals or purchases you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) calendar days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) calendar days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.