Electronic Funds Transfer Agreement

This Electronic Funds Transfer Agreement (the “Agreement”) set forth your rights and responsibilities with regard to your use of electronic banking transactions, such as preauthorized credits or payments, telephone transfers, online banking and bill payment services and use of a Brookline Bank (“BB”) ATM Card and a Debit Card. We will call both of these cards “Cards” in this Agreement.

Indicated below are the types of Electronic Funds Transfers (“EFTs”) we are capable of handling some of which may not apply to your account. Please read this Agreement carefully because it tells you your rights and obligations for the transactions listed. Our online banking and bill payment services are also governed by our Online Bank Agreement. You should keep this Agreement for future reference.

Preauthorized Credits

You may make arrangements with third parties for certain direct deposits to be made to your checking or savings account(s).

Preauthorized Payments

You may make arrangements with third parties to pay certain recurring bills from your checking or statement savings account(s).

Electronic Check or Draft Conversion

Your check or draft can result in an electronic funds transfer. This can happen in several ways. For example:

• You can purchase goods or pay for services and authorize a merchant or service provider to convert your check or draft into an electronic funds transfer.
• At the time you offer a check or draft to a merchants or service provider, you may be asked to authorize the merchant or service provider to electronically collect a charge in the event the check or draft is returned for insufficient funds. Paying such a fee electronically is an electronic funds transfer.

Your authorization to make these types of electronic funds transfers may be expressed in writing or implied through the posting of a sign.

Telephone Transfers

You may access your account(s) by telephone 24 hours a day, 7 days a week, by calling Brookline Bank at (877) 668-2265. You may transfer funds between your checking, money market and statement savings accounts. You may also access your equity line of credit and make payments to your mortgage, consumer loans, except indirect auto loans, and overdraft line of credit.

We agree to transfer money between your selected accounts upon your telephone request provided that:

1. You have signed up for this service in advance.
2. You have entered all identification information requested at the time you wish to use this service.
3. You have sufficient funds available in the deposit account you are transferring from at the time of the request.

Online Banking and Bill Payment Services

You may access your account(s) by computer at brooklinebank.com 24 hours a day. If you sign up for our Online Banking and/or Bill Payment Services, you may use your User ID and secret Password to:

• transfer funds between certain designated accounts,
• make payments on loans,
• obtain balance and account information, and
• arrange for payments to be made to third parties, as provided for in our Online Bank Agreement.

ATM/Debit Cards Transactions

You may access your account(s) by using any automated teller machine (ATM) that displays either the NYCE or Cirrus symbols using your ATM card and personal identification number or your Debit card and personal identification number for the following purposes to the extent the law allows and the ATM or other terminal is able to perform the transactions to:

• Make deposits to designated accounts at our ATMs
• Get cash back on a check deposit up to the amount of the card limit or the deposit amount, whichever is less
• Get cash withdrawals from designated accounts
• Transfer funds between your designated checking and statement savings accounts.
• Make payments to loan accounts with us
• Get information about the account balance of your designated accounts.
• Access your designated checking account to purchase goods, services and get cash back at point-of-sale (“POS”) terminals at merchants that have agreed to accept your Card. POS terminals are available at grocery store checkout lanes, gas stations, and other retail establishments.

Some of these services may not be available at all terminals.

If you have a Debit card, you can also use you card to perform the following functions:

1. Cash Advances: You can use your Brookline Bank Debit card to get cash advances in amounts of up to your individual daily transaction limit from participating financial institutions and others that are authorized to make MasterCard cash advances. Such advances are automatically deducted from your designated checking account.
2. MasterCard Debit Merchant Transactions: You can use your Brookline Bank Debit card to make purchases of goods and services wherever MasterCard Debit is accepted in amounts up to your individual daily transaction limit. Such purchases are automatically deducted from your designated checking account. All purchases and cash advances are aggregated for purposes of your individual daily transaction limit.

In order to cover a Debit Card purchase transaction, we may place a hold for the appropriate amount on your designated checking account from the date of your transaction until payment is requested from us through the MasterCard system. Any funds we are holding for this purpose will not be available for withdrawal during the period the hold is in effect. The hold will be in effect for no more than 3 business days. When payment is requested through the MasterCard system, the purchase amount will be debited from your designated checking account.

If you use your card in a foreign country, the amount of the transaction will be converted to U.S. dollars at the rate that exists on the date of the exchange as determined by our network affiliate. We do not control the exchange rate, the date or the place of the exchange.

Electronic Banking Card Limits

• Daily ATM Cash Withdrawal Limits. You may withdraw an aggregate of up to $500 per day per Card. Dollar limits may be higher or lower at the Bank’s discretion.
• Daily Point-of-Sale (POS) Limits. You may use your Card at one or more POS terminals to make purchases of up to $1,500. Dollar limits may be higher or lower at the Bank’s discretion. You may not use your Card to purchase goods or services with funds from your statement savings or money market account.
• Your Option to Limit Cash Withdrawals. In addition to dollar amount limitations for withdrawal using your ATM or Debit Card and/or Code that we may establish, you have the option to limit the amount of cash that can be withdrawn by your ATM or Debit Card to $50 per day or some other amount acceptable to us.
• Other Limits. We will not be required to complete a withdrawal or transfer from any account if you do not have sufficient available funds in that account, free of legal restrictions, to cover the transaction. However, we may complete the transaction if we choose. You agree not to use your Card for a transaction that would cause the balance in any designated accounts to go below zero, or that would cause the balance in your reserve credit to exceed your credit limit. Although we will not be required to complete any such transaction, if we do so, you agree to pay us the excess amount immediately upon request. We may also limit or refuse to complete your transaction for security reasons or while the terminal is being serviced.

Advisory Against Illegal Use

You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Fees

We do not charge for direct deposits to personal accounts. Please refer to our Fee Schedule for other fees and charges for our electronic banking services. Electronic transactions are also subject to overdraft fees.

ATM Fees by Others

In addition to the fees set forth in our Fee Schedule, there may be other fees associated with performing certain transactions at ATMs or POS terminals not owned or operated by Brookline Bank. These other fees are not assessed by us and will not be waived.

Documentation

Terminal Transfers: You can get a receipt at the time you make any transfer to or from your account using an ATM or POS terminal.

Direct Deposit: If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (877) 668-2265 to find out whether or not the deposit has been made.

Periodic Statements: You will get a monthly account statement from us for your checking, money market or statement savings accounts. For passbook accounts, you may bring your passbook to us and we will record any electronic deposits that were made since the last time you brought in your passbook.

Preauthorized Payments

• Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed at the end of this Agreement in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop payment order you give (see our Fee Schedule).
• Notice of Varying Amounts: If regular payments from your account may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or the amount would fall outside certain limits that you set.)
• Liability for failure to stop payment of preauthorized transfer: If you properly 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.
• Changing or Stopping a Bill Payment Transaction: Please refer to the Brookline Bank Bill Pay Agreement for information on changing or stopping a bill payment transaction you have previously scheduled.

Additional Information Required by Massachusetts Law

1. Any documentation provided to you, which indicates that an electronic fund transfer was made to another person, shall be admissible as evidence of the transfer and shall constitute prima facie proof that the transfer was made.
2. The initiation by you of certain electronic fund transfers from your account will effectively eliminate your ability to stop payment of the transfer.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU (THE CONSUMER) MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

Financial Institution Liability

If we do not properly 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 certain of your losses or damages. However, there are some exceptions. We will not be liable:

• if through no fault of ours, your account has insufficient available funds to make the transfer.
• if the funds in your account are subject to legal process, such as garnishment, attachment or other lien.
• if the transfer would go over any credit limit of your Overdraft Protection.
• if the Automated Teller Machine (ATM) where you were making the transfer does not have enough cash.
• if the system was not working properly and you knew about the breakdown when you started the transfer.
• if circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions we have taken.
• if there may be other exceptions stated in our agreement(s) with you.
• if the Bank has reason to believe that you or someone else is using the ATM or Electronic Banking Service for fraudulent or illegal purposes.

Confidentiality

In order to protect your privacy, we will not disclose any information about you or your account(s) to any person, organization or agency except:

• for certain routine disclosures necessary for the completion of the transfer.
• to comply with government agency or court orders or lawful subpoena.
• to our employees, auditors or collection agents in the course of their duties.
• to persons authorized by law in the course of their duties
• by your written authorization which automatically expires after 45 days.
• for verification of the existence and condition of your account for a credit bureau and merchant.
• to a consumer reporting agency as defined in Chapter 93 of Massachusetts General Laws.

If an unauthorized disclosure occurs, we must inform you of the particulars within three (3) days after we discover the unauthorized disclosure.

Unauthorized Transfers

Generally. Tell us AT ONCE if you believe your Card and/or your code has been lost, stolen or used without your permission. Telephoning is the best way of keeping your possible losses down. You can lose no more than $50.00 if you fail to give us notice of your lost or stolen card and/or code and your card and/or code is used without your permission.

Additional Limits on Liability for Debit Card, when used for point-of-sale transactions. You will not be liable for any unauthorized transactions using your MasterCard Debit Card, when used for pointof- sale transactions, if:

1. you can demonstrate that you have exercised reasonable care in safeguarding your card from risk of loss or theft,
2. you have not reported to us two or more incidents of unauthorized use within the prior twelve-month period, and
3. your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use before notification to us. Unauthorized use means the use of your debit card by a person other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard.

If you think your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, please call or write us at the telephone number or address listed on page 21.

Protected Consumer Use of Electronic Funds Transfers

Chapter 167B of the Massachusetts General Laws was enacted to provide a means for financial institutions, businesses and consumers to conduct their business relations more conveniently. Transferring funds electronically will supplement the use of checks, credit and cash and will not replace these present methods of doing business. As a consumer, you should be aware of your rights if you choose to utilize this system.

Prohibition of Compulsory Use: No person may:

• require you to use a preauthorized electronic transfer as a condition of the extension of credit unless the credit is being extended in connection with an overdraft checking plan, or is being extended to maintain a specified balance in your account.
• require you to either accept a transfer service or to establish an account which is accessed electronically as a condition of employment.
• require you to pay electronically for the purchase of goods or services.

If your account is to be credited by a preauthorized transfer, you may choose the financial institution to which the transfer will be made if the institution is technically capable of receiving such preauthorized transfers.

Waiver of Rights: No written agreement signed by you can waive the rights conferred to you by Chapter 167B of the Massachusetts General Laws unless you decide to waive these rights in the settlement of a dispute or action.

Refunds/Disputes: Your rights relating to refunds and returned merchandise purchased at merchants who have agreed to accept the Card are the same as when you pay with cash or check.

If you have a dispute with a merchant regarding refunds or credits to your account, you should attempt to resolve it directly with the merchant. It is the merchant’s own policy on refunds and returns that governs these transactions.

Suspension of Obligations: If a person agrees to accept payment by means of an electronic funds transfer and the system malfunctions preventing such a transfer, then the consumer’s obligation is suspended until the transfer can be completed, unless that person, in writing, demands payment by other means.

Prohibited Means of Identification: Your Social Security number cannot be used as the primary identification number although it can be used as a secondary aid to identify you.

Criminal Liability: Procuring or using a Card, PIN or other means of electronic access to an account with the intent to defraud is a basis for criminal activity.

Error Resolution Notice

In case of errors or questions about your Electronic Funds Transfers, telephone or write us at the telephone number listed in this document as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transfer listed on your statement, or receipt. We must hear from you no later than 60 days after we send or make available to you the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any)
• 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
• Tell us the dollar amount of the suspected error and the date that the transaction occurred.

If you tell us by phone, we may require that you send us your complaint in writing within ten (10) business days.

We will generally tell you the results of our investigation within ten (10) calendar days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) calendar 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 or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three business days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may inspect or ask for copies of the documents that we used in our investigation by submitting a written request. If there is no error, we may impose on you a reasonable charge for making such reproductions.

Send your request and/or inquiry to: