FIRST UTAH BANK ELECTRONIC SERVICES AGREEMENT

This Agreement describes your rights and obligations as a user of the On-line Banking service or the Bill Payment Service ("Service"). It also describes the rights and obligations of First Utah Bank. Please read this Agreement carefully.

Definitions

The following definitions apply in this Agreement. "On-line Banking" is the Internet-based service providing access to your account(s); "On-line Account" means any First Utah Bank account from which you will be conducting transactions using a Service; and "Password" is the code sent to you by First Utah Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service. "Time of day" references are to Mountain Standard Time or Mountain Daylight Time, as applicable. "We," "us" or "First Utah" refer to First Utah Bank, which offers the Services and which holds the accounts accessed by the Services.

Access to Services

First Utah Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. You will gain access to your On-line Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Code, and your Password.

Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods, which generally are scheduled on Saturdays and Sundays during off-hours. For purposes of transactions, First Utah Bank's business days are Monday through Friday, excluding holidays. All On-line Banking transaction requests received after 6:30 p.m. on business days, and all transactions which are requested on Saturdays, Sundays or holidays on which First Utah Bank chooses to remain closed, will be processed on the next First Utah Bank business day. First Utah Bank's business day begins at 9:00 a.m.

Notification to Bank

You may notify First Utah Bank using one of the following methods:

• Initiating an email message to us via First Utah Bank's Internet Banking.
• Calling (801) 274-2136 9:00 a.m. - 6:00 p.m. (Mountain Standard or Mountain Daylight Time), Monday through Friday (banking holidays excluded).
• Sending a fax to (801) 272-1754
• Writing a letter and delivering it to a personal banker at any of our six branch locations or mailing it to the following address:
  
  First Utah Bank
  Attn: Internet Customer Service
  3826 South 2300 East
  Salt Lake City UT 84109

Use of your Security Password

You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

If your Password has been lost or stolen

If your Password has been lost or stolen, call First Utah Bank immediately at (801) 274-2136, 9:00 a.m. to 6:00 p.m. (Mountain Time) Monday through Friday. Telephoning First Utah Bank is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell us within two banking business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you may not recover any of the resulting losses.

Banking Transactions with On-line Banking

In addition to viewing account information, you may use On-line Banking to conduct the following transactions:

• Transfer funds among your linked checking accounts, savings accounts, money market accounts, and line of credit accounts.

NOTE: Because regulations require First Utah Bank to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:

Statement Savings Account—You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone or On-line Banking.

Money Market Savings Account—You can make no more than six transfers per statement period by pre-authorized or automatic transfer, or by Telephone or On-line Banking, and no more than three of these may be by check, draft or debit card.

• Initiate bill payments.

New services may be introduced for On-line Banking from time to time. First Utah Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

Bill Payment Service

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated on-line Bill Pay Account to third parties you wish to pay. Your Bill Pay Account must be a checking account. Through the Bill Payment Service, you can pay bills from your Bill Pay Account to businesses or individuals.

All payments you make will be deducted from the account that you designate as your Bill Pay Account for the Bill Payment Service. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

Funds must be available in your Bill Pay Account, including overdraft lines of credit, on the scheduled payment initiation date. If the date you schedule a payment to initiate falls on a non-business day (i.e., Saturday, Sunday or banking holiday), funds must be available in your Bill Pay Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Pay Account to make a payment, we will make the payment to the payee by mailing the payee a check.

You may choose to schedule payments to recur in the same amount at regular intervals (e.g., weekly, semi-monthly, monthly, quarterly, semi-annually, or annually). When you create a new payee in the Bill Payment Service, it has a temporary status until we have had sufficient time to set up the account, and for your business payees, verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least five (5) banking business days between the date you schedule a payment to be initiated (Initiation Date) and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.

First Utah Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. First Utah Bank will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the initiation date, for delays in mail delivery, for changes to the payee's address or account number (unless you have advised us of the change sufficiently in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of First Utah Bank.

If the session during which you schedule a payment or transfer ends by 6:00 p.m., First Utah Bank will be considered to have received it on that day. Otherwise, it will be considered received the following banking business day. For all entries made using the service, the time recorded by the On-line Banking service controls.

If your Bill Pay Account does not have sufficient available funds to make a payment as of the date the transfer or payment is attempted or scheduled to be initiated, First Utah Bank will automatically attempt to initiate the payment on the next two banking business days. If the third attempt fails, the payment will be canceled and no further attempt will be made by First Utah Bank to make the transfer or payment. First Utah Bank will attempt to notify you by e-mail or U.S. Postal Mail, but First Utah Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be canceled. Fixed payments scheduled for future dates will not be affected.

The way to cancel or change a payment is to use the bill payment service. Payments must be changed or canceled using the Service prior to 6:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by First Utah Bank, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to continue in effect. First Utah Bank may pay any item that is presented following the lapse of any stop payment order.

Bill Payment Guarantee

We will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Service by the bill's actual due date to the extent that the Bank has not refused the transaction if the Bank reasonably believed such refusal is necessary for security reasons, if you meet each of the following conditions:

1. You must properly schedule the payment to be initiated on a date at least five (5) banking business days prior to the bill's actual due date. This means that you must initiate a Single Payment before 6:00 p.m. Mountain Time on a banking business day at least five (5) days prior to the bill's actual due date. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of business days between the Recurring Payment Initiation Date and the bill's actual due date. Mortgage payments are an exception to this procedure. For example, if your mortgage payment is due on the first of each month with a fifteen (15) day grace period, then you must schedule your payment to be initiated five days before the actual due date or the payment guarantee will not apply.

2. You must provide us with the correct Payee name, address, phone number and account information and with the correct payment amount.

3. On the Initiation Date (the date you have instructed us to deduct funds from your account), your checking account must contain sufficient available funds, including overdraft lines of credit, to complete the payment.

4. The late payment fee or penalty, or the method of its calculation, must be published by the payee prior to the bill's actual due date.

Statements

You will continue to receive your regular account statement on a monthly basis. If your statement shows transfers that you did not make, notify First Utah Bank immediately (see section: Notification to Bank)

If you do not notify First Utah Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost.

Errors and Questions

In case of errors or questions regarding an On-line Banking or Bill Payment transaction notify First Utah Bank immediately (see section: Notification to Bank).

We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need:

1. Your name and account number (if any).

2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information.

3. The dollar amount of the suspected error.

4. The date on which the error occurred.

If the report is made orally we may require that you send or fax the complaint or question in writing within ten (10) banking business days. We will notify you with the results of the investigation within ten (10) banking business days and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) banking business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) banking business days, we may not credit your account until the investigation is completed.

If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are ninety (90) calendar days (instead of forty-five (45)).

If we determine that no error occurred, we will send you a written explanation within three (3) banking business days after the investigation is complete. You may request copies of the documents used in the investigation.

You agree that First Utah Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by First Utah Bank shall be considered received within three (3) days of the date sent by First Utah Bank regardless of whether or not you sign on to the Service within that time frame.

Limit of First Utah Bank and Other Provider's Responsibility

First Utah Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. First Utah Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. First Utah Bank is not responsible for any losses if you give incorrect instructions or if your payment instructions are not given far enough in advance to allow for timely payment or delays in mail service.

Any information you receive from First Utah Bank or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. First Utah Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither First Utah Bank nor Other Information Providers is responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. First Utah Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

Except as otherwise provided in the First Utah Bank's Responsibility section below, and in the absence of negligence on the part of First Utah Bank, neither First Utah Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of On-line Banking.

First Utah Bank's Responsibility

First Utah Bank will be responsible for your actual losses if they were directly caused by our failure to:

• Complete a Bill Payment Transaction as properly requested by the Customer.
• Cancel a Bill Payment Transaction as properly requested by the Customer.

However, we will not be responsible for your losses if:

• Through no fault of First Utah Bank you do not have enough money in your account to make the transfer.
• Through no fault of First Utah Bank the transaction would have caused you to exceed your available credit.
• Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions we have taken.
• There is a hold on your account or access to your account is blocked in accordance with banking policy.
• Your funds are subject to legal process or other encumbrance restricting the transfer.
• Your transfer authorization terminates by operation of law.
• You believe someone has accessed your accounts without your permission and you fail to notify us immediately.
• You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
• We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
• We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Electronic Mail

If you send First Utah Bank an electronic mail message, First Utah Bank will be deemed to have received it on the following banking business day. First Utah Bank will have a reasonable time to act on your e-mail.

You should not rely on electronic mail if you need to communicate with First Utah Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur).

You agree that First Utah Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by First Utah Bank shall be considered received within three (3) days of the date sent by First Utah Bank regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and First Utah Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the On-line Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at First Utah Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.

Modifications to this Agreement

First Utah Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

Disclosure of Information to Third Parties

First Utah Bank is committed to the security of your financial and personal information. All of our operational and data processing systems are in a secure environment that protects your account information from being accessed by third parties. This means that information you have provided to us either through means of electronic device or any other means is not available to outside parties. We maintain and grant access to customer information only in accordance with our internal security policy which includes confidentiality or encryption on any electronic applications. It is the bank's policy not to reveal specific information about customer accounts or other personally identifiable data to unaffiliated third parties, except for the exchange of information with reputable information reporting agencies to maximize the accuracy of such information or in the performance of bona fide corporate due diligence or business, unless 1) the information is provided to help complete a customer initiated transaction; 2) the customer requests or permits it; 3) the disclosure is required by or allowed by law (e.g. subpoena investigation of fraudulent activity, request by regulator, etc.); or 4) the customer has been informed about the possibility of disclosure for marketing or similar purposes through a prior communication and given the opportunity to decline (i.e., "opt out"). When we do provide customer information to a third party, we will insist—through written agreement—that the third party adhere to privacy principles similar to those to which First Utah Bank adheres for keeping this information confidential.

Inactivity/Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your On-line Banking privileges (including the Bill Payment Service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If your account is considered inactive you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the On-line Banking and/or Bill Payment Service you must notify First Utah Bank (see section: Notification to Bank) and provide your name; address; whether you are discontinuing On-line Banking, Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, any pre-scheduled bill payments made through On-line Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle.

Governing Law

This Agreement is governed by the laws of the State of Utah and applicable federal law.

Fee Schedule

First Utah Bank offers the benefits and convenience of the On-line Banking service to you free. You will be charged a flat fee of $4.95 a month for the Bill Payment Service. This monthly fee includes 15 free bill payments. For each additional payment you will be charged $0.30 per payment. The fee will be deducted automatically from the Bill Pay account you specify.