FUNDS AVAILABILITY RULES AND REGULATIONS UNDERSTANDING YOUR DEPOSIT ACCOUNT AND YOUR ABILITY TO WITHDRAW FUNDS AT DAVIS TRUST COMPANY
227 DAVIS AVENUE, P.O. BOX 1429 ELKINS, WV 26241
MEMBER FDIC

Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 4:00 P.M. at the Main Bank or 4:00 P.M. at the ATM machine on a business day that we are open, we will consider that to be the day of your deposit. However, if you make a deposit after these cut-off times, or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

LONGER DELAYS MAY APPLY

In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $225 of your deposits will be available on the first business day.

If we are not going to make all of the funds from deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances should you need the funds from a deposit right away; you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,525 on any one day.
• You redeposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. Funds will generally be available no later than the seventh business day after the day of your deposit.

SPECIAL RULES FOR NEW ACCOUNTS

If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits into your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the seventh business day after the day of your deposit.

ELECTRONIC FUND TRANSFER DISCLOSURE

As provided for by Federal Law, you have certain rights, liabilities, and responsibilities as a user of electronic fund transfer services. These services include direct deposit of recurring payments, automatic payment of utility bills or insurance premiums, ATM Card, Davis Trust Online Banking, Davis Trust Electronic Bill Pay Service, and any other transfers effected through an Automated Clearing House. This disclosure is provided to all customers who are consumers, having accounts established primarily for personal, family, or household purposes and not intended for business or commercial accounts. Please read the following information and keep it for future reference.

TRANSFER PROCESSING

Our Business days are Monday through Friday. Bank holidays are not included.

DATE TRANSFER WILL BE MADE

Same business day the transfer is requested.
The Next business day after the transfer is requested.

YOUR LIABILITY

Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 will extend the time periods.

To contact us:

Call: (304) 636-0991
OR
Write to:
DAVIS TRUST COMPANY
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

If we do not complete a transfer to or from your account on time 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 instance:

1. If through no fault of ours, you do not have enough money in your account to make the transfer or bill payment, or the funds in your account are not immediately available for completing a transaction;
2. If the transfer would go over the credit limit on your overdraft line;
3. If the automated teller machine where you are making the transfer does not have enough cash;
4. If your computer, our computer, the software, the communication line, or the terminal/system was not working properly and you knew about the breakdown when you started the transfer;
5. If circumstances beyond our control (such as fire or flood) prevent the transfer or bill payment despite reasonable precautions that we have taken.
6. If we have placed a “hold” on funds in your account in accordance with your knowledge or reasonable business procedures;
7. If we have received incomplete or inaccurate information from you or from a third party;
8. If you or we have closed your account; or
9. There may be other exceptions stated in our agreement with you.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

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

1. Where it is necessary for completing transfers;
2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant;
3. In order to comply with government agency or court orders;
4. If you give us your written permission.

DEBIT AND ATM CARDS

Tell us at once if you believe your card or Personal Identification Number has been lost or stolen. Telephoning is the best way of minimizing your potential losses. You could lose all your money in your account plus your maximum line of credit. If you tell us within two (2) business days, you can lose no more than fifty ($50) dollars if someone used your card or Personal Identification Number without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your card or Personal Identification Number, and we can prove we could have stopped someone from using your card or Personal Identification Number without your permission if you had told us, you could lose as much as five hundred ($500) dollars.

ATM – Types of Transfers

Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the ATM Request Form. You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time.

At present you may use your card to:

1. Deposit funds to your checking account;
2. Withdraw cash from your checking account;
3. Deposit funds to your savings account;
4. Withdraw cash from your savings account;
5. Transfer funds between your checking and savings accounts;
6. Obtain balance information on your deposit accounts;
7. Make purchases or withdrawals at certain merchant locations by means of an electronic charge to your checking account;
8. You may withdraw up to a maximum of $100.00 per day unless you have been approved for a higher limit;
9. Some of these services may not be available at all ATMs.

Fees and Charges for ATM Transactions

1. We do not charge for any ATM transactions unless you use an ATM not owned or sponsored by Davis Trust Company.
2. If you use an ATM that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.
3. There is a Replacement Card Fee of $10.00 per card.

Regional and National ATM Fees

ATM SAFETY TIPS

As issuers of Automated Teller Machine (ATM) access devices, we have provided for your information a list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:

• Be aware of your surroundings, particularly at night.
• Consider having someone accompany you when the automated teller machine is used after dark.¬
• It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete your transaction.
• Refrain from displaying your cash. Pocket it is as soon as your transaction is completed. Count the cash later in the safety of your car or home.
• Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave.
• Go to the nearest public area where people are located if you are followed after making a transaction.
• Report all crimes to law enforcement officials immediately.

DAVIS TRUST ONLINE BANKING

Access your account information 24 hours a day, 7 days a week. Inquire about your Checking accounts, Savings accounts, CDs, lRAs, and Loans. Current Rate Information is also available. You may access your deposit and loan accounts by using your customer ID and confidential password you have chosen. At the present time you may use the system to:

• Transfer funds between your deposit accounts (Exclusive of CDs and lRAs);
• Obtain balance information on your deposit and loan accounts;
• Determine if a particular check or deposit has cleared your account;
• Export your account data into Quicken or Quick Books software.

There are no limits on the number of inquires or transfers you may make per day. Your transfers are only limited to the dollar amount available in the account you are transferring funds from. There are also no fees incurred for this service.

Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. We must hear from you within sixty (60) days after we send the FIRST statement on which the problem appears. To contact us:

Call:

(304) 636-0991
OR
Write to:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

DAVIS TRUST COMPANY ELECTRONIC BILL PAY SERVICE

You can pay your bills electronically 24 hours a day, 7 days a week with our Davis Trust Company Personal Bill Pay Service. Since our Bill Payment Service provider does not directly or indirectly hold accounts, or enter into agreements with consumers to provide them electronic funds transfer services, it is the bill payment service provider’s position that it is not a ‘financial institution’ as defined under Regulation E. Therefore, although the bill payment service provider will follow procedures and provide services to handle customer inquiries related to automated bill payments in a timely manner, pursuant to the agreement with its’ customer, the ultimate responsibility for Regulation E compliance remains with the bill payment service provider’s customer, the financial institution or Davis Trust Company.

There is no charge for Davis Trust Company Personal Online Bill Payment for our personal banking customers.

Contact our ONLINE BILL PAYMENT CUSTOMER SERVICE PROVIDER if you have a specific question in regards to an online bill payment processing issue (i.e. when an online bill payment was made), or if you need to request a stop payment for an online bill payment made by a paper check. When contacting Online Bill Payment Customer Service to check on an online bill payment, please have your bill payment confirmation number available. You can contact Online Bill Payment Customer Service toll-free at 1-877-268-1990. Their hours of operation are 24 hours a day, 7 days a week.

Contact us at Davis Trust Company, at the above address under the Online Banking Section, if you have any questions about how to register or use the Personal Online Bill Payment service, or if you would like to cancel the service.

PERIODIC STATEMENTS

You will get a monthly account statement from us. However, if the only possible electronic fund transfers is a direct deposit to your savings account, your statement will be quarterly; if you bring in your savings account passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook. If you need to confirm a direct deposit before you receive your statement, call the following toll-free telephone number 1-877-472-9278 and utilize our automated CenterVoice telephone banking system to check your deposit.

STOP PAYMENT PROCEDURE AND FEE

If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:

Call:

(304) 636-0991
OR
Write to:
Bookkeeping Department
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

This must be done in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. Tell us the name of the person receiving the payment, the amount of the payment and the payment date. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If we require you to put your stop payment in writing, your oral request will cease to be binding fourteen (14) days after it was made. We will charge you our normal fee for each stop payment order you give which is $25.00 per request.

If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Stop payment requests in regards to online bill payments are initiated through the online bill payment processor and an additional fee may apply. See our Bank Fee Schedule for additional information.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Call:

(304) 636-0991
Or
Write to:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

Contact us as soon as possible if you think your statement is or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

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

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days (20 business days for new accounts) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of sale or foreign initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts) for the amount you think is in error, so that you will have use of that money during the time 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

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

TERMINATION OF ELECTRONIC FUND TRANSFER SERVICES

You agree that we may terminate this Agreement and your use of the ATM CARDS, DAVIS TRUST ONLINE BANKING, or DAVIS TRUST ELECTRONIC BILL PAY services, if:

1. You or any authorized user breach this or any other agreement with us;
2. We have reason to believe that there has been unauthorized use of any of your electronic fund transfer services;
3. We notify you or any other party to your account that we have canceled or will cancel this Agreement;
4. You or any other party to your account can terminate this Agreement by notifying us in writing.

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

OTHER PROVISIONS

There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Fees related to electronic fund transfer services may be changed at any time at the discretion of Davis Trust Company; however, thirty (30) days notice will be given before the effective date of any change.

Online Banking Agreement

At Davis Trust Company, Trust is not only part of our name, but it also forms the basis for the relationship we have with each one of our banking customers. We pledge to our customers and visitors to our website to honor that relationship with great care. We believe that your privacy should not be compromised. Personal Information may be collected through the submission of account applications, online banking transactions, or through the use of online tools such as interactive calculators. A detailed description of the principles contained in Davis Trust Company’s Online Banking Privacy Policy is provided below.

Respect of Right to Privacy

Davis Trust Company (the Bank) recognizes and respects your right to privacy. You have a right to expect your personal financial information to remain private and secure. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to safeguard your nonpublic personal information.

Collection and Use of Personal Information

All personal information collected and retained by the Bank is used for specific business purposes: to protect and administer your personal accounts and transactions, to comply with state and federal banking laws and regulations, and to help the Bank better understand your specific financial needs and suggest tailored products and services.

Information is accumulated from a variety of sources. Some information you provided directly to the Bank. Other data is developed by the Bank as a result of providing products and services. We collect nonpublic personal information about you from the following sources: Information we receive from you on applications for loans or other forms; Information about your transactions with us or others; and, Information we receive from a consumer reporting agency (e.g. credit bureau). We limit the use and collection of information about our clients to that, which is necessary to administer our business, provide expected service, and offer products that we think will be of specific interest. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law.

Maintenance of Accurate Information

The Bank has established procedures to help ensure that your financial information is accurate, current and complete in accordance with reasonable business standards. Should you ever believe that our records are inaccurate or incomplete, please let us know. We will promptly investigate your concerns and correct all inaccuracies.

Limited Employee Access to Personal Information

Davis Trust Company limits employee access to your personal information to Bank employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy.

Third Party Disclosure Restrictions

Davis Trust Company does not share specific information about client accounts or other personally identifiable data to unaffiliated parties for their independent use, except for the exchange of information necessary to: 1) complete a client requested transaction; 2) comply with court orders; 3) execute exchange of loan payment and credit history information with consumer reporting agencies (e.g. credit bureaus); or 4) fulfill client requests that their personal information be supplied to an outside third party. The Bank requires all third parties obtaining this information to adhere to similar and equally stringent privacy policies, as well as to agree not to further use, share, or sell such information.

Disclosure of Privacy Policies

Davis Trust Company is committed to ensuring the privacy of personal information. We want you to understand how we accumulate and use your private information and our commitment to safeguarding that information. If you have any questions or concerns about Davis Trust Company’s privacy principles, please let us know. You may contact us in person, by phone, by mail or through e-mail. We promise to respond quickly to your concerns.