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EFFECTIVE DATE 11.15.18 RETAIL ACCOUNT AGREEMENT & DISCLOSURE

RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

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Page 1: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

EFFECTIVE DATE 11.15.18

RETAIL ACCOUNTAGREEMENT &DISCLOSURE

Page 2: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

ADDENDUM TO RETAIL ACCOUNTAGREEMENT & DISCLOSURE

EFFECTIVE 11.15.18

This Addendum (“Addendum”) is to the Retail Account Agreement & Disclosure Dated 11.15.18 as amended, including the General Fee Schedule (“RAA”) and describes changes to your RAA, which will be effective as described below. Please review this Addendum and keep it with your important records as it contains important information about your Account. Capitalized terms have the meanings provided in the RAA. If you continue to use your Account(s) or keep your Account(s) open after the applicable effective dates noted below (the “Effective Date”), the new terms and conditions will apply to your Account(s) as of the stated Effective Date. If you have questions regarding this Addendum or your new terms and conditions, please contact the First Midwest Bank Customer Care Center at 800.322.3623.

EFFECTIVE DATES.

The changes in SECTION A below apply to ALL First Midwest Bank RAA accounts on and after 6.15.2020.

The changes in SECTION B below apply to ALL First Midwest Bank RAA Accounts on and after 7.1.2020.

The changes in SECTION C below apply to First Midwest Bank RAA Accounts on and after 8.26.2019.

The changes in SECTION D below apply to First Midwest Bank RAA Accounts on and after 10.1.2019.

The changes in SECTION E below apply to First Midwest Bank RAA Accounts on and after 5.1.2019.

Customers of First Midwest Bank prior to the dates referenced in Sections C, D and E above have previously received notices of these changes and they still remain in effect.

Section A: Changes Effective 6.15.2020 for all First Midwest Bank RAA Accounts:

1. Addition to Section 3 - General Information About All First Midwest Bank Accounts.A new paragraph is added to Section 3 of the RAA, found on page 9 preceding “Account Ownership-Individual and Joint Accounts” as follows:

Account Ownership-Responsibility We offer the types of accounts listed below including individual, joint (with right of survivorship), trusts, trustee and other fi duciary, custodial and UTMA accounts, as described below. You acknowledge that if your account is set up under one of these categories, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature.

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Page 3: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

2. Revision to Section 3 - General Information About All First Midwest Bank Accounts, Dormant and Abandoned Accounts

On Page 14 of the RAA, paragraph 3 is deleted in its entirety and replaced with the following:

Property of any kind held in an IRA is not presumed abandoned except as provided by Applicable Law.

3. Addition to SECTION 4: OVERDRAFTS AND RETURNED ITEMS, TRANSACTION PROCESSING ORDER, AND WHEN FEES ARE CHARGED.

Person to Person (P2P) payments (including Zelle®) is added to the Debit Category in the 5th processing order on the chart found on page 16 of the RAA so that this section of the chart readsas follows:

Processing Order

Debit Categories Processing Order with-in Category

5 ATM withdraw-als, Debit Card transactions and Person to Person (P2P) payments (including Zelle®) paid on that Business Day

Order they were with-drawn or authorized. If transactions are received by us at the same time, they are processed in lowest to highest dollaramount order

4. Updating the disclosure in SECTION 10: DEPOSIT ACCOUNT PRICING SCHEDULE:Page 30 of the RAA, footnote 2 is replaced with the following disclosure applicable to insurance, securities and relatedadvisory services:2Securities and advisory services are offered through LPL Financial (LPL), a registered investment advisor and broker-dealer (member FINRA/SIPC). Insurance products are offered through LPL or its licensed affi liates. First Midwest Bank and First Midwest Financial Network are not registered as a broker-dealer or investment advisor. Registered representatives of LPL offer products and services using First Midwest Financial Network, and may also be employees of First Midwest Bank. These products and services are being offered through LPL or its affi liates, which are separate entities from, and not affi liates of, First Midwest Bank or First Midwest Financial Network. Securities and insurance offered through LPL or its affi liates are:

2

Not Insured by FDIC or Any Other Government Agency

Not Bank Guaranteed

Not Bank Deposits or Obligations

May Lose Value

Page 4: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

SECTION B. Changes Effective 7.1.20 to All First Midwest Bank RAA Accounts

Changes to SECTION 7: FIRST MIDWEST BANK FUNDS AVAILABILITY POLICY

Due to changes in federal regulations dealing with when deposits are available by depositors, the following changes are being made to the First Midwest Bank Funds Availability Policy.

Subpart B of Federal Reserve Board Regulation CC implements the requirements set forth in the Expedited Funds Availability Act (“EFA Act”) regarding the timelines within which banks must make funds available for withdrawal. Regulation CC was recently amended to implement a statutory requirement to adjust the dollar amounts subject to the EFA Act for infl ation. The current and adjusted amounts are refl ected in the chart below.

Applied to Current amounts

Effective 7.1.20

Minimum amount that must be available on the next business day for certain check deposits

$200 $225

Exception holds for new accounts, arge deposits, and repeatedlyoverdrawn accounts

$5,000 $5,525

The following paragraphs on pages 23-24 of the RAA that are part of the First Midwest Bank Funds Availability Policy are revised to refl ect the newly adjusted amounts under Regulation CC. The following paragraphs replace the current paragraphs with the same title in the RAA as follows:

Longer Delays May Apply in Some CasesIn some cases, we will not make all the funds that you deposit by check available to you on the fi rst Business Day after the day of your deposit. Funds may not be available until the second Business Day after the day of your deposit. The fi rst $225 of your deposit, however, will be available on the fi rst Business Day. If we are not going to make all the funds available from your deposit available on the fi rst Business Day after the day of your deposit, we will notify you at the time of your deposit and tell you when the funds will be available. If your deposit is not made directly through one of our employees, or if we decide to take this action after you leave the premises, we will send you the notice no later than the Business Day after we receive your deposit. If you need the funds from a deposit to be available immediately, 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 previously has been returned unpaid;

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Page 5: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

• You have overdrawn your Account repeatedly in the last six months; • An emergency exists, such as an interruption of communications or computer or other equipment facilities, a suspension of payment by another bank, war, weather or an emergency condition beyond our control.

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 AccountsIf you are a new Checking Account Customer, the following special rules will apply during the fi rst 30 calendar days your Account is open.

Funds from cash, wire transfers, electronic direct deposits and other electronic transfers to your Account will be available on the day on which we receive the deposit. The fi rst $5,525 of a day’s total deposits of cashier’s, certifi ed, teller’s, traveler’s, federal, state and local government checks will be available on the fi rst Business Day after the day of deposit if the deposit meets certain conditions. For example, certain conditions may include the check being made payable to you and you may have to use a special deposit slip. It may take up to the ninth Business Day after the day of your deposit for the excess over $5,525 to be available for withdrawal. If your deposit of these checks (other than a U.S. Treasury check) is not made in person through one of our employees, the fi rst $5,525 will not be available until the second Business Day after the day of your deposit.

SECTION C: Changes Effective as of 8.26.19 to all First Midwest Bank RAA Accounts on and after 8.26.19:

1. Clarifi cation to Section 6, page 19 of the RAA - How To Stop Payment on Certain Electronic Transfers (see italics below which refl ect the clarifi cations)

If you have told us in advance to make regular payments from your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First Midwest Bank Debit Card, you may stop a payment by following the instructions noted in this section of the Bank’s Retail Account Agreement. You may request a one-time stop payment for a single electronic fundstransfer or a permanent stop payment for recurring transactions, including recurring First Midwest Bank Debit Card transactions. There is no expiration for stop payments placed on electronic funds transfers, including recurring First Midwest Bank Debit Card transactions. You cannot stop payment on any single purchase or cash withdrawal originated by you or someone else using your Card or any card issued by a third party, and we have no obligation to honor any such stop payment request by you. However, we will accept stop payment requests on recurring First Midwest Bank Debit Card transactions.

2. Clarifi cation to Section 7, page 23 of the RAA - Schedule of Cut-Off Times For Deposits.

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Page 6: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

The Cut-Off Time schedule is expanded to provide clarity concerning the following transaction types as follows:

Transaction TypeAll ATM Locations and Point ofSale (”POS”) Deposits

Monday - Friday: 6:00pm

First Midwest Bank Online andMobile Banking - AccountTransfers (including Zelle®)

Monday - Friday: 8:00pm

Section D: Changes Effective as of 10.1.19 to all First Midwest Bank RAA Accounts on and after 10.1.19:

Revision to Section 9, page 29 of the RAA - General Fee Schedule:

Foreign Currency Orders and Foreign Currency Redeemed only Transactions as follows:

Current - Foreign TransactionsForeign Currency Orders $20.00/order + costForeign Currency Redeemeed $20.00/order + cost

New (Effective 10.1.19) Foreign TransactionsForeign Currency Orders $10.00/order + costForeign Currency Redeemeed (including returns after 5 days)

$10.00/order + cost

Returns after 5 days or less $5.00

Priority Shipping $5.00

SECTION E: Changes Effective as of 5.1.19 to all First Midwest Bank RAA Accounts on and after 5.1.19

1. Revision to Section 2, page 5 of the RAA - Disclosure of Specifi c Account Terms and Conditions - Health Savings AccountThe Health Savings Account (HSA) comes with a First Midwest Health Savings Debit Mastercard®. Your First Midwest Health Savings Debit Mastercard® may only be used to make medically related purchases at select merchants.

2. Addition to Section 2, page 6 of the RAA - Disclosure of Specifi c Account Terms and Conditions - Diamond Elite Money Market AccountThe Diamond Elite Money Market Account is offered exclusively to First Midwest Bank Private Banking clients. Diamond Elite MoneyMarket Account is a tiered interest-bearing Account that offers liquidity with limited check writing privileges subject to the transaction limitations described in Section 3 of the RAA. Customers will not receive copies of check images with their

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Page 7: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

statements, but check images are available free through Online Banking. See a Private Banking Offi cer for details

3. Revision to Section 3, page 12 of the RAA - General Information About All First Midwest Bank Accounts - Check Cashing for non-Bank CustomersThe maximum amount that will be disbursed to a non-customer at any time is $9,999.99

4. Revision to Section 10, page 30 of the RAA - Deposit Account Pricing Schedule - Checking Accounts, Footnote 4A Private Banking client will have a minimum net worth of $1.5 million or more, minimum annual income or liquid net worth of $250,000 or more, or a First Midwest Bank Wealth Management relationship of $250,000 or more (with assets held in Wealth Management; not including First Midwest loan balances). Please see a Private Banking Offi cer for details.

4. Addition to Section 10, page 32-33 of the RAA - Deposit Account Pricing Schedule - Money Market Accounts

Money Market AccountsDiamond Elite Money Market14

Interest11 Tiered

Minimum Balance to Open $100Monthly Maintenance Fee $25

Daily Account Balance to AvoidMonthly Maintenance Fee

$2,500

Regulatory TransactionLimitations

6 per month

Transaction Fee if RegulatoryTransaction Limit is Exceeded12

$15 per item

11Refer to Deposit Rate Sheet for current rates. Rates are variable-interest rate and Annual Percentage Yield subject to change daily.12Bank reserves the right to close your Account or transfer your funds to a non-interest-bearing checking account.13Does not apply to the Diamond Elite Money Market Account andremains unchanged.14A Private Banking client will have a minimum net worth of $1.5 million or more, minimum annual income or liquid net worth of $250,000 or more, or a First Midwest Bank Wealth Management relationship of $250,000 or more (with assets held in Wealth Management; not including First Midwest loan balances). Please see a Private Banking Offi cer for details.

8-642-1AD 2005

Page 8: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First
Page 9: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First
Page 10: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

Page 11: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

Page 12: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First
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Page 21: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

PLAIN LANGUAGEGUIDE TO FEES

Page 22: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First
Page 23: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

Paper Statement (check images upon

request)

Paper Statement (check images upon

request)

Paper Statement (check images upon request)

Not Insured by any Federal Government Agency

Not a Bank Deposit

Not FDIC Insured Not Bank Guaranteed May Lose Value

Page 24: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First
Page 25: RETAIL ACCOUNT AGREEMENT & DISCLOSURE - First Midwest Bank · your Account or you authorized an electronic funds transfer from your Account, including recurring payments by First

For more information about First Midwest Bank, call 800.322.3623 or visit us on the web at FirstMidwest.com.

8-642-1 8/18