Common use of PERFORMING A TRANSACTION Clause in Contracts

PERFORMING A TRANSACTION. You may use the Mobile Deposit Service to deposit most standard bank checks made out to you. Some non‐ standard checks (i.e. self‐contained check mailers) that are not the same size as a standard check, or that do not confirm to the standard bank check layouts may not be able to be deposited using the Mobile Deposit service. If during the process of depositing a check, we present an offer to you for FNB Xpress Deposit™, you may accept or decline that offer within the User Interface. These offers are made at our sole discretion and are based upon, among other factors, your account type and our experience with you. After capturing your check images through the Mobile Banking app, if the deposit qualifies, we will offer you the choice between Standard Funds Availability at no charge or FNB Xpress Deposit™ availability for a fee. If you accept the offer, the fee will be deducted from your deposited amount. After you successfully deposit a check using the Mobile Deposit service (including any deposits made with an FNB Xpress Deposit™ offer), you agree to retain and safeguard the original Item for at least 14 days after you have transmitted the Item images. After 14 days have passed and you have verified that the funds associated with the Item have been added to your balance, you agree to prominently mark the item as "VOID" and properly dispose of or safely keep the Item to ensure that it is not represented for payment. You also agree that you will not use Mobile Deposit to deposit any Items that: A. Are made payable to persons or entities other than you; B. Contain obvious alterations on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Item is drawn; C. Were previously converted to a substitute item, as defined in Federal Reserve Regulation CC, or were otherwise cashed or deposited; D. Are drawn on a financial institution located outside the United States; E. Are remotely created checks, as defined in Federal Reserve Regulation CC;

PERFORMING A TRANSACTION. You may use the Mobile Deposit Service to deposit most standard bank checks made out to you. Some non‐ standard checks (i.e. self‐contained check mailers) that are not the same size as a standard check, or that do not confirm to the standard bank check layouts may not be able to be deposited using the Mobile Deposit service. If during the process of depositing a check, we present an offer to you for FNB Xpress Deposit™, you may accept or decline that offer within the User Interface. These offers are made at our sole discretion and are based upon, among other factors, your account type and our experience with you. After capturing your check images through the Mobile Banking app, if the deposit qualifies, we will offer you the choice between Standard Funds Availability at no charge or FNB Xpress Deposit™ availability for a fee. If you accept the offer, the fee will be deducted from your deposited amount. After you successfully deposit a check using the Mobile Deposit service (including any deposits made with an FNB Xpress Deposit™ offer)service, you agree to retain and safeguard the original Item for at least 14 days after you have transmitted the Item images. After 14 days have passed and you have verified that the funds associated with the Item have been added to your balance, you agree to prominently mark the item as "VOID" and properly dispose of or safely keep the Item to ensure that it is not represented for payment. You also agree that you will not use Mobile Deposit to deposit any Items that: A. Are made payable to persons or entities other than you; B. Contain obvious alterations on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Item is drawn; C. Were previously converted to a substitute item, as defined in Federal Reserve Regulation CC, or were otherwise cashed or deposited; D. Are drawn on a financial institution located outside the United States; E. Are remotely created checks, as defined in Federal Reserve Regulation CC; F. Are not payable in United States currency; G. Are payable to cash; H. Are a US savings Bond, money order, cashier's check, or travelers check; I. Do not bear a signature of the person from whom the Item is drawn or lack an issued date; J. Are postdated or dated more than 6 months prior to the date of deposit; or K. Are prohibited by Bank's current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your bank account. By using the Mobile Deposit service, you represent and warrant to us that: A. Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn; B. The information you transmit to us corresponding to an Item contains a record of all applicable MICR‐ line (the set of numbers at the bottom of the check) information required for a substitute check and the accurate amount of the Item; C. The Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC; D. The Item was not previously deposited, and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; E. You will not redeposit through Mobile Deposit any Item previously deposited and returned to you unless we advise you otherwise; F. You will employ reasonable security measures sufficient to protect the Item in transmission and storage; G. You will only transmit items that originated as paper Items; and H. You will comply with all laws and regulations applicable to you in your use of Mobile Deposit and not use Mobile Deposit for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority.