ELECTRONIC DISCLOSURES AND AGREEMENT

Electronic Delivery of Residential Mortgage Loan Application Disclosures

Definitions

"We," "our," "us," or "the Bank" means Bankwell Bank (hereinafter "Bank").

"You" and "your" refers to the loan applicant(s) or borrower(s) authorized by the Bank to receive electronic disclosures or notices under this Agreement.

"Residential Mortgage Loan Application Disclosures" means disclosures or notices that we send to you in electronic form pursuant to this Agreement, including disclosures required to be sent when applying for the loan, as well as disclosures or notices after the application has been submitted to us.

By applying to the Bank for a residential mortgage loan application online, you will confirm that you understand, accept, and have received this Agreement and all its terms and conditions and acknowledge and have demonstrated that you can access this Agreement and other disclosures on our Website. You also agree to permit us to provide disclosures and notices relative to your residential mortgage loan application or account(s) at the Bank, to the extent permitted by applicable law, to you in electronic form, instead of providing such notices and disclosures in printed form.

Your consent and agreement shall relate to all forms of disclosures and notices, to the extent permitted by applicable law, required under applicable law and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, in our discretion, to electronically deliver application disclosures and other loan disclosures and notices that we are required to provide to you under applicable Federal and State laws and regulations, as amended from time to time.

Other Federal and State laws and regulations may be enacted or amended in the future to provide for electronic delivery of such disclosures and notices. Your election also authorizes us, in our discretion, to provide electronic delivery of such disclosures and notices pursuant to these laws after they become effective.

Terms and Conditions of Your Electronic Disclosures and Agreement

By entering into this Agreement, you accept, on your behalf and on behalf of all joint applicants or borrowers all of the terms and conditions contained in this Agreement. Please read this Agreement carefully.

This Agreement is subject to applicable Federal laws and the laws of the State of Connecticut. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions of this Agreement. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.

Consent to Electronic Delivery of Disclosures

You have the right to receive certain disclosures at the time of application in a form that you may keep. By entering into this Agreement, you understand that the Bank will provide you with certain disclosures only in electronic form on the Online Mortgage Application Website. You may access the Website to obtain, review, print, and otherwise copy or download those disclosures. You agree that any communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, may be made electronically via e-mail notice with instructions and Website links, or via an email with attached disclosures. We will send all notices, attachments, and/or documents via email to the last known email address provided by you.

You understand that if you decide in the future that you would like to receive printed disclosures in the mail instead of receiving or obtaining disclosures or notices electronically, you agree to notify the Bank in person, via telephone, or via U. S. Mail. Our telephone number and postal mail address are: 203-972-3838; Bankwell Bank, Attention: Residential Mortgage Department, 208 Elm Street, New Canaan, CT 06840.

Notice of Change of Information

You agree to notify us promptly in writing (by letter sent via U. S. Mail) or by calling us at 203-972-3838 of any change in your email address. If you have not notified us in writing or by telephone of any change of your email address, you agree that your failure to provide us with a valid email address is the lack of ordinary care on your part. If we become aware that you are not receiving email, we will send all notices, attachments, or documents to you via U. S. Mail to your last address known to us.

Hardware and Software Requirements

We recommend Internet Explorer 8 or higher, but can support any browser with 128-bit encryption capabilities (i.e., Firefox 3.x). To access, download, and print electronic disclosures or notices that we provide to you, you need to have a personal computer with Internet and email access. You must also have Adobe Acrobat Reader 8.0 or higher. To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com.

Demonstrable Consent

You are required to successfully open this Agreement and the other disclosures or notices that we provide to you electronically. If you cannot successfully open the documents, please contact us at 203-972-3838. Otherwise, by continuing to apply for the residential mortgage loan online, you are confirming that you have been able to open the applicable disclosures or notices.

Withdrawing Your Consent

You may withdraw your consent to receive electronic disclosures or notices by notifying us at the telephone number or address listed in the "Consent to Electronic Delivery of Disclosures" section above. After you withdraw your consent, we will mail any required disclosures or notices to the address last known to us for your loan account. Your withdrawal of consent will apply to all disclosures and notices to which your consent applied. You agree that we have a reasonable amount of time to implement your withdrawal of consent to receive such electronic disclosures or notices and to begin sending printed documents to you.

Obtaining a Printed Disclosure or Notice

If you need to obtain a printed copy of disclosures or notices that have not been mailed to you because you have agreed to receive electronic versions instead, please call the Bank at 203-972-3838. The Bank will not charge a fee for this service.

Consent

By applying with us for the residential mortgage application online, you agree:

  1. You have the software, hardware, and equipment that satisfy the above requirements;
  2. To receive or obtain information about your loan, including disclosures and notices, electronically;
  3. To be bound by the terms and conditions of such disclosures and notices; and,
  4. Acknowledge that you were able to successfully open the applicable disclosures or notices.

If you do not wish to receive electronic disclosures or notices, please contact us to apply over the telephone or in person.