Please read the following Terms and Conditions and indicate your acceptance by clicking the button labeled “I Accept the Agreement. Continue with Log In”.

The My Mortgage Online System Agreement (“Agreement”) contains the terms and conditions that govern the access to information about your mortgage loan accounts. The terms of this Agreement are in addition to those terms, conditions, disclosures, or fee schedules that now apply or may be amended from time to time on any deposit account, loan account, or other service you have with us. You should print this Agreement for your records or contact us for a copy.

As used in this Agreement, “you” or “your” refers to the person(s) using Magna Bank's Internet Mortgage Loan Inquiry System; “we”, “us”, “our”, or “Bank” refers to Magna Bank and any agent, independent contractor, designee, or assignee Magna Bank may, in its sole discretion, involve in the provision of the System.

Terms and Conditions: Your use of the Magna Bank Mortgage Loan Inquiry System (“System“) confirms your agreement to be bound by the terms and conditions contained in this Agreement as well as any rules for use of the System. It also acts as your acknowledgment of your receipt and understanding of the disclosures in this Agreement, and your agreement allowing all disclosures or other information required under applicable law to be sent electronically.

Except as otherwise required by law, rule, or regulation, we may change the terms and conditions of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Magna Bank Web site (“Web site“). Changes will be effective when first updated on the Web site unless law, rule, or regulation requires advance notice in which case the change will be effective in accordance with the law, rule, or regulation.

Unless otherwise required by applicable law, we have the right to terminate this Agreement and/or your access to the System at any time at our convenience and without cause.

In no event will Magna Bank be liable for any direct or indirect, special, incidental, consequential, or punitive damages or lost profits arising in connection with use of the System, any interruption in availability of the System, delay in operation or transmission, computer virus, loss of data, or otherwise, even if Magna Bank has been advised of the possibility of such damages or loss.

Joint Accounts: If any of the accounts from which you utilize the System are jointly owned, each owner is jointly and severally obligated under this Agreement. Each loan account will have a unique Access ID and Password. An owner may access the System to obtain information on the owner's loan account or may terminate this Agreement and discontinue the ability to access the System. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for allowing any access where the person performing the access is one of you or the person performing the access to the account is otherwise authorized by either joint owner to access the account by usage of account owner's Access ID and Password providing the account owner has not notified the Bank that the Access ID and Password have been compromised in accordance with the terms of the “Your Liability for Unauthorized Inquiries“ section below. Each owner agrees to indemnify us and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

Eligible Accounts: Access to the System requires that you have at least one eligible account. Eligible accounts include each open and active mortgage loan account which we service on behalf of the Bank or an investor.

Inquiry Transactions with Internet Access: The following Internet inquiries may be performed using you Access ID and Password:

• Loan Details: You may view the details of your accounts including, but not limited to, interest rate, original loan amount, principal balance, escrow balance, original and current loan-to-value ratios, last payment received, payment details, late charge information and due date.
• History: You may use the System to view the chronological history of transactions posted to your account(s) including transaction dates, transaction amounts, description, principal amounts, interest amounts, and escrow amounts.
• Tax and Insurance Information: You may use the System to review the current schedule of payments due to taxing authorities and property insurors.
• Pay-off inquiries: You may request an information-only determination of the approximate gross amount due to settle the mortgage loan through the date of your choice. This information is specifically not to be used to pay off your mortgage loan. You must obtain a certified payoff statement from one of our servicing representatives for that purpose.

Fees: Magna Bank imposes no fees applicable to your use of the System.

Confidentiality: We will not disclose information to any unrelated third party about your account or the inquiries you make on it unless.

• It is necessary In order to comply with bona-fide government agency or court orders; or
• You give us your written permission to do so.

Your Liability for Unauthorized Inquiries: You agree not to give account access to any unauthorized individuals or entities. You are liable for and you specifically release and hold the Bank harmless from and against any and all losses, costs and/or damages that may be suffered as a result of your disclosure of your account access to any unauthorized person or entity. Should you have reason to believe that your Access ID or Password has been lost, stolen or otherwise compromised and such compromise may result in an attempt to access your account without your consent, you must call us immediately at 1-901-309-7999 (toll free 1-800-467-0311) or send an email to our Customer Service Department at rscustomerservice@magnabank.com or write to us at Magna Bank, P.O. Box 172207, Memphis, TN 38187-2207.

Errors and Questions: Call us at 1-901-309-7999 or send an email to our Customer Service Department at rscustomerservice@magnabank.com or write to us at Magna Bank, P.O. Box 172207, Memphis, TN 38187-2207, as soon as you can, if you think your information is wrong or if you need more information about a transfer or payment posted on your account. Be sure to:

1. Tell us your name and account number.
2. Describe the error 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.

Business Days: Monday, Tuesday, Wednesday, Thursday, and Friday. Holidays are not included.

Notices and Communications: You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you. We may require written paper confirmation from you of any electronic communication which this Agreement permits you to make to us.

Disclosure of Account Information to Third Parties: We will disclose information to third parties about your Accounts or the transactions you make:

• In order to comply with a bona-fide governmental agency or court orders; or
• If you give us your written permission

Limitation of Liability: Except as otherwise provided in this Agreement, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, caused by the System or the use thereof.

Termination or Discontinuation by You: You may discontinue your use of the System at any time without charge.

Our Amendments and Termination of this Agreement: Except as otherwise required by law, rule, or regulation, we may change the terms and conditions of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Website. Changes will be effective when first updated on the Website unless law, rule, or regulation requires advance notice in which case the change will be effective in accordance with the law, rule, or regulation. We have the right to terminate this Agreement at any time at our convenience and without cause. Once terminated, no further inquiries will be allowed.

Entire Agreement: This Agreement is the complete and exclusive Agreement between you and us related to the System and supplements your mortgage loan account agreement, any other terms, conditions, disclosures, or fee schedules that now apply or may be amended from time to time on any deposit account, loan account, or service you have with us. In the event of a conflict between this Agreement and any other agreement or disclosure related to your account or any statement by our employees or agents, this Agreement shall control.

Waivers: No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.

Arbitration: You agree in lieu of judicial resolution that any dispute, claim, or controversy of any kind arising out of or relating to this Agreement may be resolved by final and binding arbitration conducted at a location determined by the arbitrator in Memphis, Tennessee, administered by and in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association, and judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. Provided, however, solely in the event that the foregoing agreement to arbitration shall be held invalid or unenforceable for any reason then you agree that any suit, action or legal proceeding arising out of or related to this Agreement may be brought in the courts of record of the State of Tennessee in Shelby County or the federal district courts serving Shelby County, Tennessee.

Assignment: You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Tennessee.