b'12/10 G-12992\n\nAGREEMENT AND DISCLOSURE STATEMENT\nBusiness MasterCard\xc2\xae\n\nATIRACREDIT BUSINESS MASTERCARD\nAGREEMENT AND DISCLOSURE STATEMENT\n\nIn this Agreement, please remember that \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d\nmean TMG Financial Services, the issuer of this account; and\n\xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean the Member.\nThis Agreement sets out your responsibilities and obligations,\nthose of each Cardmember and Guarantor, and our\nresponsibilities and obligations with respect to the Cards, the\nAccounts and all Debt charged to each Account.\n\nACCEPTANCE OF AGREEMENT\n\nAny one or more of the following acts or actions shall signify that\nyou have read and understand, and that each Cardmember and\nGuarantor has read and understands the terms and conditions\nof this Agreement, and shall constitute your agreement, as well\nas the agreement of each Cardmember and each Guarantor, to\nbe fully bound by the terms and conditions of this Agreement: (i)\nthe acceptance by you or any Cardmember of a Card; (ii) the use\nof any Card or Account by you or any Cardmember; or (iii) the\naccessing of any Card or Account by you or any Cardmember.\n\nNOTICE TO CARDMEMBERS\n\nEach Cardmember shall be individually liable for the payment\nof, and shall pay on our demand all Debt which may be owing\nfrom time to time from or on account of any and all use by a\nCardmember, or anyone who has actual, implied or apparent\nauthority, of any usage which is not authorized under this\nAgreement (i.e., a use not primarily for or incidental to your\nbusiness). The liability of the Cardmember shall be in addition to\nand not in lieu of your liability and the liability of each Guarantor,\nwhich liability shall continue for any and all uses as provided in\nthis Agreement.\n\nTERMS AND CONDITIONS\n\n1. What the Words Mean.\nIn this Agreement, please remember that:\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means the ATIRAcredit Business MasterCard account\nwe have opened in a Cardmember\xe2\x80\x99s name to which Debt is or\nwill be charged;\n\n\xe2\x80\x9cAgreement\xe2\x80\x9d means this ATIRAcredit Business MasterCard\nAgreement and Disclosure Statement, together with (i) your\napplication given to us when you applied for the Cards, Accounts,\nyour welcome letter, and this ATIRAcredit Business MasterCard\nAgreement and Disclosure Statement, and (ii) all supplements,\naddenda, amendments, modifications, changes, renewals,\nextensions, substitutions, and replacements to this ATIRAcredit\nBusiness MasterCard Agreement and Disclosure Statement;\n\xe2\x80\x9cApplication\xe2\x80\x9d shall have the meaning given to such term in\nSection 34 below and the Application shall be and the same is\none of our \xe2\x80\x9crecords\xe2\x80\x9d as such term is used in the definition of\n\xe2\x80\x9cMember\xe2\x80\x9d and the definition of \xe2\x80\x9cGuarantor\xe2\x80\x9d;\n\xe2\x80\x9cAuthorized Person\xe2\x80\x9d means any Person you have designated\nas being authorized to ask us to open an Account and issue a\nCard to a Cardmember under this Agreement and to perform\nadministrative duties for you under this Agreement;\n\xe2\x80\x9cBalance Transfers\xe2\x80\x9d means the transfer of outstanding balances\nby a Cardmember to the Cardmember\xe2\x80\x99s Account from credit\naccounts issued by Persons other than us or any of our affiliates;\n\xe2\x80\x9cCard\xe2\x80\x9d means any MasterCard Business credit card we issue to\na Cardmember on an Account in the Cardmember\xe2\x80\x99s name at the\nrequest of an Authorized Person under this Agreement, and all\nrenewals of and replacements for that credit card;\n\xe2\x80\x9cCardmember\xe2\x80\x9d means an individual for whom we have opened\nan Account and to whom we have issued a Card on that Account\nat the request of an Authorized Person under this Agreement;\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means an advance of cash that is charged\nto a Cardmember\xe2\x80\x99s Account with or in connection with the\nCardmember\xe2\x80\x99s Card (or any other eligible Account access\ncard we have issued to the Cardmember), including, without\nlimitation, cash-like transactions, which are transactions similar\nto cash, e.g., money orders, wire transfers, travelers\xe2\x80\x99 cheques,\nConvenience Checks and gaming transactions (including betting,\noff-track betting, race track wagers, casino gaming chips, and\nlottery tickets);\n\n\xe2\x80\x9cAccount Statement\xe2\x80\x9d means our written statement of the\nAccount that we prepare for a Cardmember about every three\n(3) or four (4) weeks;\n\n\xe2\x80\x9cConsolidated Pay Account\xe2\x80\x9d means an account where one\nmonthly statement is provided to the guarantor listing the\ntransactions made and payments due for all authorized users on\nthe account;\n\n\xe2\x80\x9cAggregate Credit Limit\xe2\x80\x9d means the maximum aggregate\namount of Debt that can remain outstanding and unpaid at any\ntime in the Accounts of all Cardmembers under this Agreement;\n\n\xe2\x80\x9cConvenience Checks\xe2\x80\x9d means drafts that look like other checks,\nbut are drawn on credit available in a Cardmember\xe2\x80\x99s Account;\n\n\x0c\xe2\x80\x9cCredit Limit\xe2\x80\x9d means the maximum amount of Debt that can\nremain outstanding and unpaid at any time in a Cardmember\xe2\x80\x99s\nAccount under this Agreement;\n\xe2\x80\x9cDebt\xe2\x80\x9d means all amounts charged to a Cardmember\xe2\x80\x99s Account\nfrom time to time and at any time with or in connection with\nthe Cardmember\xe2\x80\x99s Card, including Purchases, Cash Advances,\nBalance Transfers, Convenience Checks, Finance Charges , annual\nfees, transaction fees, late fees, attorneys\xe2\x80\x99 fees, and other fees\nor charges;\n\xe2\x80\x9cDue Date\xe2\x80\x9d means the date indicated as such on an Account\nStatement;\n\xe2\x80\x9cGuarantor\xe2\x80\x9d means the Person, if any, identified in our records\nas the Person who has guaranteed payment of all Debt charged\nto each Account, or whom we consider as being the Person who\nhas guaranteed such payment, and with respect to our records\nregarding the identity of such Person or our understanding\nregarding such identity, our records or understanding shall\nbe conclusive; and if there is more than one Person who has\nguaranteed payment of all Debt, such Persons shall be jointly\nand severally liable to us for all Debt.\n\xe2\x80\x9cIndividual Pay Account\xe2\x80\x9d means an account where each\nCardmember on the account receives a monthly statement\nlisting only that Cardmember\xe2\x80\x99s transactions made and\npayment due;\n\xe2\x80\x9cMember\xe2\x80\x9d means the Person identified in our records as the\nPerson who is primarily liable for the payment of all Debt\ncharged to each Account, or whom we consider as being the\nPerson primarily liable, and with respect to our records regarding\nthe identity of such Person or our understanding regarding\nsuch identity, our records or understanding shall be conclusive;\nand if there is more than one Person who is primarily liable for\nthe payment of all Debt charged to each Account, or whom we\nconsider as being the Person primarily liable, such Persons shall\nbe jointly and severally liable to us for all Debt.\n\xe2\x80\x9cMinimum Payment\xe2\x80\x9d means the amount indicated as such on an\nAccount Statement, which will be the greater of $40 or 2% of the\ntotal outstanding balance, unless the New Balance is less than\n$40 in which case the Minimum Payment will be the amount of\nthe New Balance;\n\xe2\x80\x9cNew Balance\xe2\x80\x9d means the amount indicated as such on an\nAccount Statement;\n\xe2\x80\x9cPeriodic Rate\xe2\x80\x9d means the percentage of Finance Charge that is\napplied to the average daily balance of Cash Advances, Balance\nTransfers, and Purchases for a period. A \xe2\x80\x9cmonthly\xe2\x80\x9d Periodic\nRate is used in this Agreement. The monthly Periodic Rate will\nbe equal to 1/12th of its corresponding ANNUAL PERCENTAGE\nRATE and the monthly Periodic Rate will vary when the ANNUAL\nPERCENTAGE RATE varies.\n\xe2\x80\x9cPerson\xe2\x80\x9d means firms, companies, associations, general\npartnerships, limited partnerships, limited liability partnerships,\nlimited liability limited partnerships, limited liability companies,\n\ntrusts, business trusts, corporations, not-for-profit organizations,\nmunicipality entities and other organizations, including\npublic and quasi-public bodies, as well as individuals (i.e.,\nnatural persons);\n\xe2\x80\x9cPersonal Identification Number\xe2\x80\x9d means the personal\nidentification number that a Cardmember has selected in our\nprescribed manner;\n\xe2\x80\x9cPurchase\xe2\x80\x9d means a purchase of goods or services (or both) that\nis charged to a Cardmember\xe2\x80\x99s Account with or in connection\nwith the Cardmember\xe2\x80\x99s Card;\n\xe2\x80\x9cStatement Date\xe2\x80\x9d means the date indicated as such on an\nAccount Statement; and\n\xe2\x80\x9cUnauthorized Use\xe2\x80\x9d means the use of a Card or a Convenience\nCheck by a Person, other than a Cardmember, who does not\nhave actual, implied, or apparent authority for such use, and\nfrom which neither you nor a Cardmember receives any benefit.\nUnauthorized Use does not include or mean the use of a Card by\nyou or any Person who has an ownership interest in you, or by a\nCardmember or a Person authorized by a Cardmember, or by any\nother Person with an interest in or authority to transact business\non the Account. Unauthorized Use also does not include or mean\nthe use of a Card by a Cardmember for a purpose which is not\nprimarily for or incidental to your business.\n2. General Terms of Agreement.\nThis Agreement applies to each Account and Card. This\nAgreement replaces all prior Business MasterCard agreements, if\nany, between you and us for each Account and Card.\nYou must promptly give us up-to-date credit and financiallyrelated information about you and about each Guarantor, if any,\nwhen we ask for it, as well as any other information we may\nrequest regarding your business and its operations.\nYou have the power and authority to perform and take all actions\ncontemplated by this Agreement, and this Agreement is a valid,\nbinding, and enforceable agreement against you in accordance\nwith its terms. You will provide us upon request such documents\nor other information as we may deem necessary to verify your\npower and authority.\nThe section headings in this Agreement appear only for ease of\nreference purposes. They shall not control or affect the meaning\nor construction of any of the provisions of this Agreement.\nWords in the masculine gender mean and include correlative\nwords of the feminine and neuter genders and words importing\nthe singular numbered meaning include the plural number, and\nvice versa.\nThis Agreement is governed by the laws of the State of Iowa,\nwithout regard to its conflicts of law provisions. To the extent\nthat the terms of this Agreement conflict with applicable state\nor federal law, such state or federal law shall replace such\nconflicting terms only to the extent required by law. Unless\nexpressly stated otherwise, all other terms of this Agreement\nshall remain in full force and effect.\n\n\x0c3. Authorized Person. One or more individuals will be designated\nby you from time to time as an Authorized Person to assist\nyou in the administration of this Agreement. The Authorized\nPerson will be responsible for performing, on your behalf, such\nadministrative duties as we may request and you have agreed to\nfrom time to time.\n4. Account Opening/Card Issuance and Renewal. We will\nopen an Account for, and will issue a Card on that Account to,\na Cardmember at the request of an Authorized Person made\non a fully completed request form that we have prescribed for\nthis purpose.\nSubject to our rights under the terms of this Agreement to\ncancel, revoke, or suspend a Cardmember\xe2\x80\x99s Account and\nCard, we will issue renewal and replacement Cards to each\nCardmember before the expiration date indicated on the Card\nlast issued to each of them. We will continue to issue renewal\nand replacement Cards to each Cardmember in this way until\nyou tell us to stop; the Cardmember tells us to stop; we cancel,\nrevoke, or suspend the Cardmember\xe2\x80\x99s Account or Card; or this\nAgreement is terminated. An emergency replacement Card will\nbe issued by us to a Cardmember when required according to\nour customary operating procedures.\n5. Account and Card Use. The use of each Account and Card\nis governed by this Agreement. A Cardmember may use the\nCardmember\xe2\x80\x99s Account and Card primarily for or incidental\nto your business to obtain advances of money from us\nthrough Purchase transactions, Cash Advance transactions,\nBalance Transfer transactions, Convenience Checks and other\ntransactions we permit from time to time. An Account and Card\nmay only be used by the Cardmember in whose name it has\nbeen opened or issued. A Card may not be used for any unlawful\npurpose. A Card may not be used in any country that is subject\nto economic sanctions imposed by the U.S. government, and\nany attempted use of a Card in such countries will be blocked.\nA Card may not be used in connection with online gambling or\nto fund any account that is set up to facilitate online gambling.\nA Cardmember must not use the Cardmember\xe2\x80\x99s Card after the\nexpiration date shown on it, or after the cancellation, revocation,\nor suspension of the Cardmember\xe2\x80\x99s Account or Card or the\ntermination of this Agreement. It is your responsibility to inform\neach Cardmember of the appropriate use of the Cardmember\xe2\x80\x99s\nCard, and the use of a Card by a Cardmember in a manner which\nis not permitted under this Agreement shall not affect or limit\nyour liability to us for all Debt charged to each Account.\n6. Foreign Transactions. Outside the 50 states of the United\nStates, a Cardmember may use a Card for Purchases from\nmerchants or to receive a Cash Advance (other than a\nConvenience Check) in either a foreign currency or in U.S.\ndollars. MasterCard International will convert to U.S. dollars any\ncharge or credit made to a Cardmember\xe2\x80\x99s Account in currency\nother than U.S. dollars. The conversion will be pursuant to\napplicable MasterCard regulations in effect from time to time.\nCurrently, the exchange rate between the transaction currency\nand the billing currency used for processing international\ntransactions is (i) a rate selected by MasterCard from the\nrange of rates available in wholesale currency markets for the\n\napplicable central processing date, which may vary from the rate\nMasterCard itself receives, or (ii) the government-mandated rate\nin effect for the applicable central processing date. In addition to\nthe exchange rate, we will charge a processing fee of 1% of the\ntransaction amount after its conversion into U.S. Dollars of each\nout of country Purchase or Cash Advance, regardless of whether\nthe Purchase or Cash Advance is made in a foreign currency or\nU.S. dollars. We will post to the Cardmember\xe2\x80\x99s Account the total\namount of the transaction in U.S. dollars. The exchange rate may\ndiffer from the rate in effect on the date of the transaction.\n7. Automated Banking Machines. We may from time to time\npermit Cardmembers to use Cards at automated banking\nmachines and terminals (\xe2\x80\x9cATM\xe2\x80\x9d). If such use is permitted, each\nCardmember will be issued a Personal Identification Number\n(\xe2\x80\x9cPIN\xe2\x80\x9d) to use with the Cardmember\xe2\x80\x99s Card to make transactions\non the Cardmember\xe2\x80\x99s Account at those ATMs, subject to the\nCardmember\xe2\x80\x99s agreement with us governing the use of the\nCardmember\xe2\x80\x99s PIN at ATMs. There is no charge for issuing a PIN\nfor use with an account when it is sent via standard postage.\n8. Debt Incurred Without a Card or Through Convenience\nChecks.\n(a) If a Cardmember incurs Debt without having presented the\nCardmember\xe2\x80\x99s Card to a merchant (such as for mail order,\ninternet, or telephone Purchase), the legal effect will be the\nsame as if the Cardmember had used the Cardmember\xe2\x80\x99s\nCard and signed a Purchase or Cash Advance draft.\n(b) From time to time, we may supply Convenience Checks\nfor use by Cardmembers. We may, based on the particular\noffers we make from time to time, provide Convenience\nChecks that will post and be treated as a Cash Advance.\nConvenience Checks must be written in U.S. dollars and may\nonly be used by Cardmembers in accordance with the terms\nof this Agreement.\nWe may return a Convenience Check used by a Cardmember\nunpaid if: (i) the credit available under the Cardmember\xe2\x80\x99s\nCredit Limit is less than the Convenience Check amount; (ii) the\nCardmember\xe2\x80\x99s Account is in default or the Cardmember\xe2\x80\x99s Card\nuse or Account has been cancelled, revoked, or suspended; (iii)\nthe Convenience Check is improperly signed, has expired, or\notherwise fails to conform to our regularly accepted standards\nfor check payment; or (iv) this Agreement has been terminated.\nThe ability to process a stop payment request for a Convenience\nCheck will depend on whether a check has cleared. After a\nConvenience Check has been processed, an opportunity to act on\na stop payment request may no longer exist. If you desire to stop\nany payment, you must contact us by writing us at P.O. Box 14542,\nDes Moines, IA 50306-3542 or by calling the Cardmember Service\ntelephone number listed on the Account Statement. Although\nevery reasonable effort will be taken to accommodate your\nrequest, we will not have any liability for failing to do so. You may\nbe required to present your stop payment request in writing to us\nwithin fourteen (14) days of you notifying us by telephone.\nConvenience Checks, Balance Transfer checks, and other\npromotional programs may not be used to pay any of the Debt\n\n\x0cor any obligation either you or a Cardmember owes us or our\naffiliates. We reserve the right to decline any standard Annual\nPercentage Rate Balance Transfer transactions (including\nBalance Transfer checks) on your account. We will not have\nany responsibility or liability to you or any other Person if a\nConvenience Check is not honored or accepted by a merchant\nor any other Person. If we fail to properly or timely process a\nConvenience Check, or we improperly return a Convenience\nCheck, we will ensure that the designated payee receives the\namount of the Convenience Check and that such charge is added\nto your account balance, but will in no way be liable to you for\nany consequential, incidental or exemplary damages caused by\nthe failure to properly or timely process the Convenience Check,\nor our improper return of the Convenience Check.\n9. Limits. We will set an Aggregate Credit Limit for all Accounts,\nand we may change it from time to time by providing written\nnotice of the change to you. We will tell you what the initial\nAggregate Credit Limit is in writing in the welcome letter or\nbefore the time an Account is opened for a Cardmember under\nthis Agreement. A portion of your Aggregate Credit Limit, called\nthe cash advance limit, is available for Cash Advances. We\ndisclose your cash advance limit in the welcome letter. You will\nnot permit the Debt you owe to us at any time to exceed the\nAggregate Credit Limit. However, we may (but are not required\nto, even if we have done so before) permit that Debt to exceed\nthe Aggregate Credit Limit we set from time to time.\nWe will set a Credit Limit for each Cardmember\xe2\x80\x99s Account, and\nwe may change the Credit Limit for a Cardmember\xe2\x80\x99s Account\nperiodically. You will ensure that each Cardmember observes\nthe Cardmember\xe2\x80\x99s Credit Limit. You will not permit the Debt\nyou owe to us in respect to an Account at any time to exceed\nthe Credit Limit for that Account. However, we may (but are not\nrequired to, even if we have done so before) permit that Debt to\nexceed that Credit Limit we set from time to time.\nWithout further notice and as allowed by applicable law, we may\nplace limits on or stop the ability of you or any Cardmember to\nmake Cash Advances and/or Balance Transfers on any Account.\n10. Account Statements and Verification. We will send an\nAccount Statement to the Guarantor for Consolidated Pay\nAccounts and/or to the Authorized Person for Individual Pay\nAccounts, directed to the Cardmember\xe2\x80\x99s address last provided\nto us by the Authorized Person. Changes in a Cardmember\xe2\x80\x99s\naddress must be received by us no later than five (5) days before\nthe date a billing cycle closes in order for us to provide the\nAccount Statement to the new address. You will ensure that\neach Cardmember promptly examines all of the Cardmember\xe2\x80\x99s\nAccount Statements and each entry and balance recorded\nin them. If we deem your account uncollectable or institute\ncollection proceedings through an outside agency or attorney,\nwe may stop sending you Account Statements. Periodic finance\ncharges and fees may continue to accrue even if we stop sending\nAccount Statements.\n11. Liability for Debt. Except as specifically provided to the\ncontrary in this Agreement, you will be liable to us for all Debt\ncharged to each Account and shall pay to us all Debt charged to\n\neach Account, no matter how it is incurred, for what it is incurred\n(e.g., a Purchase by a Cardmember which is not primarily for\nor incidental to your business) or who has incurred it, and even\nthough we may send Account Statements to Cardmembers and\nnot to you.\nHowever, we will provide Account Statements or other\ninformation about that Debt to you at your request.\nEach Cardmember shall be individually liable for the payment\nof, and shall pay on our demand all Debt which may be owing\nfrom time to time from or on account of any and all use by a\nCardmember, or anyone who has actual, implied or apparent\nauthority, of any Card or Account which is not authorized under\nthis Agreement (i.e., a use not primarily for or incidental to your\nbusiness). The liability of the Cardmember shall be in addition\nto and not in lieu of your primary liability and the liability of any\nGuarantors, which shall continue for any and all uses as provided\nin this Agreement.\nAny Guarantors shall be jointly and severally liable to us for all\nDebt charged to each Account, no matter how it is incurred, for\nwhat it is incurred (e.g., a Purchase by a Cardmember which\nis not primarily for or incidental to your business) or who has\nincurred it. The liability of any Guarantors shall be in addition to\nand not in lieu of your primary liability, which shall continue for\nany and all uses as provided in this Agreement.\n12. Unauthorized Use of Card or Convenience Check \xe2\x80\x93\nLimitation of Liability. You must tell us or the Cardmember must\ntell us at once if the Cardmember\xe2\x80\x99s Card or a Convenience Check\nis lost or stolen, if you suspect or the Cardmember suspects\nthe Card or a Convenience Check is lost or stolen, if there has\nbeen an Unauthorized Use of the Cardmember\xe2\x80\x99s Card or a\nConvenience Check. You may do this or the Cardmember may do\nthis by telephoning us immediately at the Cardmember Services\nnumber on the Account Statement. You will follow such notice\nwith a written confirmation if we request you to do so. We may\nrequire you to provide certain information in writing to help us\nfind out what happened and to comply with our investigation.\nYou must identify for us the charges that were not made by you\nor the Cardmember, or someone not authorized by you or the\nCardmember, and from which you received no benefit.\nExcept as provided below in this paragraph, you will not be liable\nto us and a Cardmember will not be liable to us for any Debt\nresulting from an Unauthorized Use of a Card or Convenience\nCheck, provided you tell us or the Cardmember tells us about\nthe Unauthorized Use of the Card or Convenience Check within\nsixty (60) calendar days of the mailing date of the first Account\nStatement showing the Unauthorized Use. If you do not tell us\nor the Cardmember does not tell us about the Unauthorized Use\nwithin such sixty (60) calendar day period, or if we reasonably\ndetermine, based on substantial evidence, that you or the\nCardmember were grossly negligent (which may include delay\nfor an unreasonable time in reporting an Unauthorized Use) or\nfraudulent in the handling of the Card or the Account, you will be\nliable for the Unauthorized Use. Subject to the exceptions below\nin this paragraph, your liability, however, for any Debt resulting\nfrom an Unauthorized Use of a Card or Convenience Check\n\n\x0cwill be limited to the lesser of $50 or the amount of money,\nproperty, labor, or services obtained by the Unauthorized Use\nbefore notification to us of the Unauthorized Use, unless you\nor the Cardmember are determined to have been fraudulent in\nthe handling of the Card or Account, or ten (10) or more Cards\nare issued by us under this Agreement to Cardmembers at the\nrequest of an Authorized Person. If we determine that you or the\nCardmember have been fraudulent in the handling of the Card\nor the Account, or ten (10) or more Cards are issued by us under\nthis Agreement to Cardmembers at the request of an Authorized\nPerson, then your liability will be unlimited. Subject to any\nlimitations on liability under applicable law or any agreements\nwith us governing the use of PINs or ATMs, your liability will also\nbe unlimited if the Unauthorized Use involved an ATM or PIN\ntransaction that was not processed by MasterCard.\nYou will not be liable to us for any Debt resulting from an\nUnauthorized Use that is incurred after the time you tell us or\nthe Cardmember tells us about the loss, theft or Unauthorized\nUse of the Card or Convenience Check.\n13. Payment of Debt.\n(a) Subject to Sections 13(b), 13(c) and Section 19, you may pay\nthe Debt you owe to us in respect to each Cardmember\xe2\x80\x99s\nAccount in full or in part at any time.\n(b) Subject to Section 13(c) and Section 19, you must make\none of the following payments of the Debt shown on each\nAccount Statement by the Due Date shown thereon in order\nto keep the Account up-to-date:\n(i) a payment in full of the New Balance shown on the\ncurrent Account Statement if that New Balance is less\nthan $40.00; or\n(ii) a payment of not less than the Minimum Payment shown\non the current Account Statement if the New Balance\nshown on that Account Statement is $40.00 or more.\n(c) You must also pay the amount of any Debt that exceeds the\nCredit Limit for a Cardmember\xe2\x80\x99s Account at once to keep that\nAccount up-to-date. You must pay this excess even though we\nmay not have yet sent an Account Statement to the Cardmember\non which that excess appears.\n(d) You must keep each Cardmember\xe2\x80\x99s Account up-to-date\nat all times even when we are delayed in or prevented from\nsending, for any reason, any one or more Account Statements\nto Cardmembers. You must contact us by telephone using the\nCardmember Services number on the Account Statement at least\nonce a month during such a delay or interruption to obtain any\npayment information you do not have and need to know in order\nfor you to comply with your obligations under this Section.\n(e) If any payment made by you in respect of a Cardmember\xe2\x80\x99s\nAccount is not honored, or if we must return it to you because\nit cannot be processed, the applicable fee will be charged under\nSection 15 and Card privileges may be revoked or suspended by\nus under Section 18.\n\n14. Application of Payments. We may allocate payments on the\nDebt in the manner we, in our sole discretion, deem appropriate,\nunless applicable laws mandate a specific order for application\nof payments. Unless we otherwise agree, any payment must be\nmade in U.S. dollars.\n15. ANNUAL PERCENTAGE RATE, FINANCE CHARGES and\nOther Fees.\n(a) FINANCE CHARGES reflect the cost of credit to you. Your\nFINANCE CHARGES for any billing cycle will equal the total of\n(i) the amount of FINANCE CHARGES constituting \xe2\x80\x9cinterest\xe2\x80\x9d\nand (ii) the amount of transaction fees and other fees or\ncharges that are considered FINANCE CHARGES.\n(b) The \xe2\x80\x9cinterest\xe2\x80\x9d portion of the FINANCE CHARGES is\ncomputed through use of monthly periodic rates (monthly\n\xe2\x80\x9cPeriodic Rate\xe2\x80\x9d or monthly \xe2\x80\x9cPeriodic Rates\xe2\x80\x9d) and their\ncorresponding ANNUAL PERCENTAGE RATES. Each monthly\nPeriodic Rate for transactions posting as Purchases, Cash\nAdvances or Balance Transfers will be equal to 1/12th of its\ncorresponding ANNUAL PERCENTAGE RATE. Subject to the\nprovisions of Section 15(f), the monthly Periodic Rate and\ncorresponding ANNUAL PERCENTAGE RATE for transactions\nposting as Purchases is a variable rate that may change from\ntime to time based on changes to an Index identified below.\n(c) The monthly Periodic Rate and corresponding ANNUAL\nPERCENTAGE RATE for transactions posting as Purchases\nmay increase or decrease from time to time according to\nthe movements up or down of the following index (\xe2\x80\x9cIndex\xe2\x80\x9d):\nthe \xe2\x80\x9cPrime Rate,\xe2\x80\x9d as published in The Wall Street Journal\nup to three business days prior to the Account Statement\nclosing date for that period. If The Wall Street Journal does\nnot publish the Prime Rate, we may substitute a similar\npublished rate. Any variable rate adjustment based on an\nIndex change will be effective as of the beginning date\nof the Billing Cycle for which we calculate the ANNUAL\nPERCENTAGE RATE. We apply the new applicable rate to all\nexisting Debt, including New Balances, outstanding balances\nand other transactions, subject to that variable rate. Any\nincrease in the Index may result in an increase in the\nFINANCE CHARGES, Minimum Payment, New Balances and\nthe Debt.\n(d) Subject to the provisions of Section 15(f), the interest rate\nfor transactions posting as Purchases will be determined by\nadding to the Prime Rate a margin as shown on the welcome\nletter, resulting in a daily Periodic Rate and a corresponding\nANNUAL PERCENTAGE RATE also as shown on the welcome\nletter and statement. Subject to the provisions of Section\n15(f), the ANNUAL PERCENTAGE RATE for transactions\nposting as Cash Advances may vary monthly. We will assess\na transaction fee for ATM and bank Cash Advances and for\nuse of Convenience Checks and other credit instruments or\ndevices intended for use in obtaining Cash Advances. For\neach Cash Advance, we will add a FINANCE CHARGE equal to\n4% of the Cash Advance amount, but not less than $10.00.\n(e) Subject to the provisions of Section 15(f), the ANNUAL\nPERCENTAGE RATE for transactions posting as Balance\nTransfers may vary monthly and will be the same as the\nANNUAL PERCENTAGE RATE and corresponding monthly\nPeriodic Rate used for Cash Advances.\n\n\x0c(f) Upon the occurrence of an \xe2\x80\x9cAdjustment Event,\xe2\x80\x9d each\nmonthly Periodic Rate and corresponding ANNUAL\nPERCENTAGE RATE in effect for all Debt, including New\nBalances, outstanding balances, and other transactions,\nwill increase from their standard, non-delinquency rates\nor any introductory or promotional rates as set forth or\nreferenced in this Section 15 to a \xe2\x80\x9cDelinquency Rate.\xe2\x80\x9d The\nDelinquency Rate will take effect and apply to all Debt,\nincluding New Balances, outstanding balances and other\ntransactions, as of the first day of the billing cycle in which\nthe Adjustment Event occurs. An Adjustment Event occurs\nwhenever a Minimum Payment is thirty (30) days past due.\nAn \xe2\x80\x9cAdjustment Event\xe2\x80\x9d for introductory or promotional rates\noccurs on the first date of delinquency. Any introductory\nor promotional rate will expire upon an Adjustment\nEvent and will be changed to the Delinquency Rate. The\nDelinquency Rate may vary monthly. The Delinquency Rate\nfor all Debt will remain in effect until the closing date of the\nsixth consecutive billing cycle that you are \xe2\x80\x9ccurrent\xe2\x80\x9d on all\npayments (that is, no Minimum Payments past due). On the\nfirst day of the billing cycle following your sixth consecutive\ncurrent cycle, the daily Periodic Rate and corresponding\nANNUAL PERCENTAGE RATE for all Debt will decrease\nto their standard, non-delinquency rates, but not any\nintroductory or promotional rates.\n(g) We calculate the periodic rate or \xe2\x80\x9cinterest\xe2\x80\x9d portion of the\nFINANCE CHARGE by multiplying the applicable monthly\nPeriodic Rate by the average daily balance (including new\ntransactions) of the Purchase, Cash Advance, and Balance\nTransfer categories subject to the \xe2\x80\x9cinterest\xe2\x80\x9d portion of the\nFINANCE CHARGE (\xe2\x80\x9cAmounts Subject to Interest\xe2\x80\x9d), and then\nadd together the resulting \xe2\x80\x9cinterest\xe2\x80\x9d from each category.\nWe determine the average daily balance separately for the\nPurchase, Cash Advance and Balance Transfer categories.\nTo get the average daily balance in each category, we add\ntogether the daily balances in those categories for the billing\ncycle and divide the result by the number of days in the billing\ncycle. We determine the daily balances each day by taking\nthe beginning balance of each of those Account categories\n(including any billed but unpaid interest, fees and other\ncharges), add any new interest, fees and other charges, and\nsubtract any payments or credits applied against the Account\nbalances that day. We add Purchases, Cash Advances, and\nBalance Transfers to the appropriate balances for those\ncategories on the applicable transaction dates. Billed but\nunpaid interest on Purchases, Cash Advances and Balance\nTransfers is added to the appropriate balances for those\ncategories each month on the statement date. Billed but\nunpaid Cash Advance transaction fees are added to the Cash\nAdvance balance of an Account on the transaction date. Any\nbilled but unpaid fees on Purchases and other charges are\nadded to the Purchase balance of an Account on the date\nthey are charged to the Account. Billed and unpaid interest,\nfees and other charges will be included in the average daily\nbalance of all Accounts that accrue interest (the \xe2\x80\x9cAmount\nSubject to Interest\xe2\x80\x9d) and will reduce the amount of credit\navailable. If the average daily balance of any category of\nPurchase, Cash Advance or Balance Transfer is at least $0.01\nin any billing cycle, an Account will be subject to a minimum\nFINANCE CHARGE of $0.50 in that cycle.\n\n(h) You will not pay interest on the amount of any Purchase\nappearing on an Account Statement for the first time if all\nDebt shown on that Account Statement is paid in full by\nthat Account Statement\xe2\x80\x99s Due Date, and all Debt shown\non the preceding Account Statement was also paid in full\nby that preceding Account Statement\xe2\x80\x99s Due Date. There is\nno grace period for transactions that post to an Account as\nCash Advances or Balance Transfers. Those transactions are\nsubject to interest from the date they are made until the\ndate they are paid in full.\n(i) We may, at our option, offer you limited time introductory\nor promotional interest rates for all or part of the Purchase,\nCash Advance, or Balance Transfer balances in an Account.\nWe will tell you the introductory or promotional rate and the\nperiod of time during which it is in effect in the offer. Unless\nan offer states otherwise, an introductory or promotional\nrate will generally remain in effect until the last day of the\nbilling cycle in which the introductory or promotional rate\nexpires, the date an Account is closed to future transactions,\nor the date an Account becomes past due because a\nMinimum Payment is not received in full on or before\nits Due Date, whichever occurs sooner. Any introductory\nor promotional rate that applies to New Balances or\noutstanding balances will increase to the standard rate that\nwould otherwise apply, or when appropriate under the\nterms of this Agreement, a Delinquency Rate will be applied\nif we do not receive at least the Minimum Payment due by\nthe Due Date shown on an Account statement in any month.\n(j) In addition to the \xe2\x80\x9cinterest\xe2\x80\x9d portion of the FINANCE\nCHARGES, for each Account you agree to pay the following\nFINANCE CHARGES, as well as the other fees and charges\nlisted below:\n(i) A FINANCE CHARGE in the form of a Promotional\nTransaction Fee for each Promotion received during a\nbilling cycle \xe2\x80\x93 the fee will be in the amount set forth in\nany Promotional Discount offer extended by us and will be\ncharged to the Purchase, Cash Advance, or Balance Transfer\nbalance of each Account as set forth in the Promotional\nDiscount offer;\n(ii)\nA Late Payment Fee in the amount of $20.00 \xe2\x80\x93 the fee\nwill be charged to the Purchase balance of an Account\nif the Minimum Payment for that Account is not\nreceived by us by the end of business 5 days after the\nDue Date shown on the Account Statement;\n(iii) An Over-limit fee of $20.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account if the\noutstanding Debt on the Account exceeds the Credit\nLimit established for the Account at any time during\nthe Account\xe2\x80\x99s billing cycle;\n(iv) An Annual Fee of $39.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account on the first\nanniversary of the account opening and every year\nthereafter;\n(v)\nA Returned Payment Fee of $20.00 \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account if any\npayment is not honored or if we must return it to you\nbecause it cannot be processed;\n(vi) A Returned Convenience Check Fee of $20.00 \xe2\x80\x93\nthe fee will be charged to the Purchase balance of\nan Account or the Cash Advance balance of an\n\n\x0cAccount depending on how the Convenience Check is\nbeing posted;\n(vii) A Convenience Check Stop-Payment fee of $20.00 \xe2\x80\x93\nthe fee will be charged to the Purchase balance of an\nAccount or the Cash Advance balance depending on\nhow the Convenience Check is being posted; and\n(viii) A Convenience Check copy fee of $20.00 \xe2\x80\x93 the fee will\nbe charged to the Purchase balance of an Account for\neach copy of a returned convenience check;\n(ix) A Document copy fee of $15.00 \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account\nfor each copy of a monthly statement, sales slip,\nrefund slip, or Cash Advance slip that you request\n(there will be no charge for documentation requests\nmade in connection with a billing error notice, if our\ninvestigation indicates a billing error occurred);\n(x)\nResearch fee of $15.00 / hour \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account for\ntime we spend to research an item regarding your\naccount at your request (there will be no charge for\ndocumentation requests made in connection with\na billing error notice, if our investigation indicates a\nbilling error occurred);\n(xi) A Rush PIN fee of $10.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account if you or a\nCardmember request a PIN rush-delivered via Fed Ex;\n(xii) A Credit Card Replacement fee \xe2\x80\x93 we may add a fee\nto the Purchase balance of an Account if you or a\nCardmember request a replacement card. This fee\nis based on the delivery type requested. If you or a\nCardmember request a replacement via standard\nmailing the fee is $5.00. If you or a Cardmember\nrequest a replacement which is shipped 2 business\ndays after the request is received the fee is $25.00.\nIf you or a Cardmember request a non-emergency\ndelivery shipped via Fed Ex 1 day after the request is\nreceived the fee is $65.00. If you or a Cardmember\nrequest an emergency card replacement which is\nshipped at the time the request is received the fee\nis $105.00;\n(xiii) A photo card fee of $5.00 \xe2\x80\x93 the fee for each\ncustomized image a Cardmember requests be printed\non their card.\n16. Security Interest. Under this Agreement, no security interest\nis retained in your property to secure the Debt; provided,\nhowever, if we are permitted by law to retain a security interest\nin your property to secure the Debt and a security interest is\nretained or may in the future be retained by us in a separate\nsecurity agreement or other agreement which references\nthis Agreement or your obligations to us in general, then that\nsecurity interest shall secure the Debt. To the extent any one or\nmore Persons are identified in our records as being a Guarantor,\nor to the extent we consider one or more Persons as being a\nGuarantor, then, in such event, this Agreement and the Debt is\nsecured by the unconditional, joint and several guaranty of each\nGuarantor as set forth in this Agreement.\n17. Changes in Interest Rates, Fees, and Charges to this\nAgreement. We may change the interest rates, transaction fees,\n\nlate fees, and other fees or charges for each Cardmember\xe2\x80\x99s\nAccount and this Agreement periodically. We may also change\nother terms and conditions of this Agreement periodically. You\nwill be given at least thirty (30) days\xe2\x80\x99 prior written notice of each\nchange, directed to your address last appearing on our records.\nIf we have not received written notice of your desire to opt out\nof the change prior to the effective date of the change, it will\nmean that you have agreed to the change. If you opt out of the\nchange prior to the change becoming effective, all Accounts will\nbe closed and you will have the right to continue to pay the Debt\nin the same manner and under the same terms and conditions as\nthen in effect under this Agreement.\n18. Card Cancellation/Revocation or Suspension of Use.\nYou may cancel a Cardmember\xe2\x80\x99s Account and Card for\nany reason (including, without limitation, the death of the\nCardmember) by providing us with written notice of cancellation\nof that Account and Card. Subject to Section 12, you will be\nliable to us for all Debt, howsoever and by whosoever incurred.\nIf the Debt outstanding in a Cardmember\xe2\x80\x99s Account exceeds\nthe Credit Limit at any time, we may suspend, without notice,\nthe Cardmember\xe2\x80\x99s right to use the Cardmember\xe2\x80\x99s Account and\nCard and all services we provide to the Cardmember under this\nAgreement until such time as that excess is paid to us in full.\nWe may cancel and revoke a Cardmember\xe2\x80\x99s right to use the\nCardmember\xe2\x80\x99s Account and Card at any time without notice. The\nCardmember must also promptly surrender the Cardmember\xe2\x80\x99s\nCard to us at our request or at your request.\n19. Termination.\n(a) You or we may terminate this Agreement at any time by\ngiving written notice of termination to the other. We must\ndirect our written notice to your address last appearing on\nour records. Your written notice must be directed to us at\nour address, P.O. Box 14542, Des Moines, IA 50306-3542.\n(b) The occurrence of any one of the following events has the\neffect of putting you in default and we may terminate this\nAgreement at once without giving you any notice, if:\n(i)\nyou become insolvent or bankrupt;\n(ii)\nsomeone files a petition in bankruptcy against you;\n(iii) you make an unauthorized assignment for the benefit\nof your creditors;\n(iv) you institute, or someone else institutes, any\nproceedings for the dissolution, liquidation or\nwinding-up of your affairs;\n(v)\nyou institute, or someone else institutes, any other\ntype of insolvency proceeding involving your assets\nunder the U.S. Bankruptcy Code or otherwise;\n(vi) you cease or give notice of your intention to cease\nto carry on business or make or agree to make a bulk\nsale of your assets without complying with applicable\nlaws, or you commit an act of bankruptcy;\n(vii) you fail to pay any Debt or to perform any other\nobligation to us as required under this Agreement;\n(viii) you make any statement or representation to us that\nis untrue in any material respect when made;\n(ix) there is, in our opinion, a material adverse change in\nyour financial condition; or\n(x)\nany Guarantor terminates such Guarantor\xe2\x80\x99s guaranty\nof the Debt.\n\n\x0c(c) Upon termination of this Agreement under this Section\n19, you must pay all Debt for each Account to us at once,\nwithout our having to make demand on you for payment,\nand you must ensure that each Cardmember destroys the\nCardmember\xe2\x80\x99s Card. If you gave the financial institution\nguaranteeing your Account a security interest or other\ndeposit, we may use the deposit amount to pay any amount\nyou owe.\n(d) On termination of this Agreement under this Section 19,\ninterest shall continue to accrue on all Debt and it will\naccrue at the ANNUAL PERCENTAGE RATE described in\nSection 15 as the \xe2\x80\x9cDelinquency Rate\xe2\x80\x9d until the Debt is\npaid in full. Also, termination of this Agreement under this\nSection 19 shall not terminate:\n(i)\nyour obligations to us on all transactions and other\nmatters under this Agreement that occur prior to the\ndate of such termination;\n(ii)\nall interest and all fees and other charges as shall have\naccrued or as shall continue to occur or accrue to us\nwith respect to such transactions;\n(iii) the indemnity provided by you in Section 23 of this\nAgreement, the arbitration provisions in Section 24,\nthe waiver of jury trial provision of Section 25 and any\nother provisions intended by their terms to survive\ntermination.\n(e) In addition to your other liabilities to us under this\nAgreement, if you fail to comply with your obligations to\nus under this Agreement, you will be liable to us for: (i) all\ncourt costs and reasonable attorneys\xe2\x80\x99 fees and expenses we\nincur through any legal process to recover any Debt, and (ii)\nall costs and expenses we incur in reclaiming any Card.\n20. Problems with a Purchase. Subject to Section 33:\n(a) we are not responsible for any problem a Cardmember has\nwith any Purchase; and\n(b) if the Cardmember has a problem or dispute with a\nmerchant regarding a Purchase, you must still pay all Debt\nas required by this Agreement and settle the problem or\ndispute directly with the merchant.\nWe will not be responsible if a Card is not honored by a\nmerchant at any time and, subject to Section 33, for any other\nproblem or dispute a Cardmember may have with a merchant.\nAs well, we reserve the right to deny authorization of any\nPurchase, Balance Transfer, or Cash Advance at any time.\n21. Settling a Disputed Balance - Payment in Full. If you want\nto settle a disagreement with us about any amount you owe by\nsending a check on which you have written \xe2\x80\x9cPayment in Full\xe2\x80\x9d\nor similar language, you must send us a written explanation of\nthe disagreement or dispute and any such check to P.O. Box\n14542, Des Moines, IA 50306-3542. (See \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d in\nSection 33 for complete details.) This address is different than\nthe address you use to make scheduled payments on the Debt.\nWriting \xe2\x80\x9cPayment in Full\xe2\x80\x9d or similar language on the check will\nnot be enough to resolve the dispute. If we collect a check or any\npayment instrument marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d that you sent to an\naddress other than the one provided in this Section (such as the\naddress at which you normally make payments), we will not have\n\nwaived our right to collect any remaining amount you owe us\nunder the terms of this Agreement.\n22. Disclaimers of Warranties and Liabilities. You specifically\ndisclaim as to us, MasterCard U.S.A., Inc., and MasterCard\nInternational all warranties of any kind, express or implied,\narising out of or related to the Card or any core service or\nsupplemental services provided in connection therewith,\nincluding, but not limited to, any warranty of MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE or NONINFRINGEMENT,\neach of which is expressly waived.\n23. Indemnification. You shall indemnify and hold harmless\nus and our affiliates, as well as our and their respective\nshareholders, directors, officers, members, managers,\nemployees, and agents, from and against any and all losses,\nclaims, damages, liabilities, judgments, or amounts paid in\nsettlement (or actions, suits, or proceedings, or investigations\nin respect thereof), including reasonable attorneys\xe2\x80\x99 fees\n(collectively, \xe2\x80\x9cLosses\xe2\x80\x9d) resulting from, relating to or arising\nout of this Agreement except to the extent such Losses solely\nresult from, arise out of or relate to the gross negligence or\nwillful misconduct of us, our affiliates, or our or their respective\nshareholders, directors, officers, members, managers,\nemployees, or agents.\n24. Arbitration. All irresolvable disputes or claims concerning\nthis Agreement (excluding termination of this Agreement by\nus as provided in this Agreement) will be decided by binding\narbitration under the expedited procedures of the Commercial\nFinancial Disputes Arbitration Rules of the American Arbitration\nAssociation (\xe2\x80\x9cAAA\xe2\x80\x9d) and Title 9 of the U.S. Code. Arbitration\nhearings will be held in Des Moines, Iowa, or such other location\nas mutually agreed upon. A single arbitrator will be appointed\nby the AAA and will be a judge or attorney with experience or\nknowledge in banking transactions. The arbitrator will award\nthe filing and arbitrator fees to the prevailing party. A judgment\non the award of the arbitrator may be entered by a court. All\ndisputes or claims regarding any matter which is the subject of\nthis Agreement shall be brought within one year from the date\nof the accrual of the cause of action. You agree that we shall be\nentitled to temporary or permanent injunctive relief from any\ncourt of competent jurisdiction to enforce the provisions of and\nto restrain or prevent any breach, default or further violation by\nyou under this Agreement, without being required to post any\nbond or other security whatsoever. In the event of arbitration\nor litigation regarding the term, performance or subject matter\nof this Agreement, the substantially prevailing party shall be\nentitled to recover its reasonable attorneys\xe2\x80\x99 fees.\n25. Waiver of Jury Trial. To the extent permitted by applicable\nlaw, you expressly and irrevocably waive any and all rights you\nmay have to a trial by jury in any action, suit or proceeding\nof any nature resulting from, arising out of or related to this\nAgreement. You acknowledge that the foregoing waiver is\nknowing and voluntary.\n26. Exchange of Information Between You and Us.\n(a) Information about a Cardmember\xe2\x80\x99s use of the\n\n\x0cCardmember\xe2\x80\x99s Account and Card, and pertinent information\nabout any reimbursement of Debt received by the\nCardmember from you, Cardmember employment status\nand location, and any other related Cardmember tracking\ninformation may be exchanged between you and us.\n(b) You understand that by providing your mailing address,\ne-mail address, telephone number or facsimile number\nto us, you are consenting to receiving from us and other\nmembers of TMG Financial Services, Inc. (defined in Section\n27(e) below) communications sent by or on our behalf, or by\nor on the behalf of any member of TMG Financial Services,\nInc., via regular mail, e-mail, telephone, facsimile or other\nform of communication or delivery of a communication.\n27. Account and Card Ownership, and Assignment. We are the\nowner of each Account and Card. Neither a Cardmember nor\nyou have the right to assign or transfer this Agreement, any Card\nor any Account to anyone else, and any transfer or attempted\ntransfer shall be null and void. We may assign this Agreement\nto any affiliated Person or to any other Person who is a bank,\nfinancial institution or other creditor. We may also assign or\ndelegate certain of our rights and responsibilities under this\nAgreement to third party service providers, and such third party\nservice providers may do the same.\n28. Notice. All notices under this Agreement shall be given in the\nfollowing manner: Unless otherwise specified in this Agreement,\nall notices permitted or required by this Agreement shall be in\nwriting and shall be deemed to have been duly given if sent by\npersonal delivery, mail, telegram, or facsimile, addressed, in\nthe case of notice to us, to P.O. Box 14542, Des Moines, IA\n50306-3542 and in the case of you, to your address as shown\non our records.\n29. Complete Agreement, etc. This Agreement constitutes the\ncomplete agreement between you and us with respect to the\nsubject matter hereof. No failure on our part to exercise, and\nno delay by us in exercising, any right under this Agreement will\noperate as a waiver thereof; nor will any single or partial exercise\nby us of any right under this Agreement preclude any other or\nfurther exercise thereof, or the exercise of any other right, by us\nunder this Agreement.\n30. Equal Credit Opportunity Disclosure. The federal Equal\nCredit Opportunity Act prohibits creditors from discriminating\nagainst credit applicants on the basis of race, color, religion,\nnational origin, sex, marital status, age (provided that the\napplicant has the legal capacity to enter into a binding contract),\nbecause all or part of the applicant\xe2\x80\x99s income derives from any\npublic assistance program, or because the applicant has in good\nfaith exercised any right under the Consumer Credit Protection\nAct. If you believe you have been discriminated against, you\nshould send your complaint to: P.O. Box 14542, Des Moines, IA\n50306-3542.\n31. Credit Bureau Disputes. If you believe we inaccurately\nreported credit history information about you or any of the\nAccounts to a credit bureau, you may telephone us using the\nCardmember Services number on the Account Statement or\nwrite us at P.O. Box 14542, Des Moines, IA 50306-3542. We will\n\npromptly investigate the matter and if we agree with you, we will\ncontact each credit reporting agency to which we reported and\nrequest a correction. If, after our investigation, we disagree with\nyou, we will inform you in writing or by telephone how to submit\na statement to those agencies for inclusion in your credit report.\n32. Our Billing Rights.\nTHE FOLLOWING SETS FORTH YOUR BILLING RIGHTS AND YOU\nWILL KEEP THIS NOTICE FOR FUTURE USE\nIn case of errors or questions about a transaction, you will notify\nus in writing at P.O. Box 14542, Des Moines, IA 50306-3542. You\nwill write to us as soon as possible, but no later than sixty (60)\ndays after we sent the first Account Statement where the error\nor problem appeared.\nYou will write to us on a separate sheet of paper and will not\nsend the notice on the Account Statement or other material that\naccompanied the Account Statement. You also can telephone\nus using the Cardmember Services number on the Account\nStatement, but doing so will not preserve your legal rights\nunder this Section or applicable law. In your letter to us, you will\ninclude the following information:\n(i) your name and the Cardmember\xe2\x80\x99s name and the number of\nthe Account on which there is an error or question;\n(ii) the dollar amount of the suspected error;\n(iii) the date the transaction occurred (if possible); and\n(iv) a description of the error and an explanation in as clear\nterms as possible of why you believe there is an error,\nor if you need more information, you will describe the\ninformation you need.\n(v) your signature\nIf you have authorized us to pay your Account Statement\nautomatically from a deposit account, you can stop the payment\non any amount you believe is wrong. To stop the payment, your\nletter must reach us three business days before the automatic\npayment is scheduled to occur.\nWe must acknowledge your letter within thirty (30) days unless\nwe have corrected the error by then. Within 90 days we must\neither correct the error or explain why we believe the statement\nwas correct. After we receive your letter, we cannot try to collect\nany amount you questioned or report the Account as delinquent.\nWe can continue to bill you for the amount you questioned,\nincluding Finance Charges, and we can apply any unpaid amount\nagainst your Credit Limit. You do not have to pay any questioned\namount while we are investigating, but you are still obligated to\npay the parts of the Account that are not in question.\nIf we find that we made a mistake on your Account Statement,\nyou will not have to pay any Finance Charges related to the\nquestioned amount. If we did not make a mistake, you may have\nto pay Finance Charges, and you will have to make up any missed\npayments on the questioned amount. In either case, we will\nsend you a statement of the amount you owe and the date that\nit is due. If you fail to pay the amount that we think you owe, we\nmay report you as delinquent. However, if our explanation does\nnot satisfy you and you write to us within ten (10) days telling\nus that you still refuse to pay, we must tell anyone we report\nyou to that you have a question about your Account Statement.\n\n\x0cAnd, we must tell you the name of anyone we reported you to.\nWe must tell anyone we report you to that the matter has been\nsettled between us when it finally is.\nWe may use a microfilm, electronic, or other reproduction of any\nPurchase or Cash Advance draft or other document evidencing\nDebt to establish your liability for the Debt. Upon request,\nwe will provide you with a microfilm, electronic, or other\nreproduction within a reasonable time frame of any Purchase or\nCash Advance draft or other document evidencing the Debt.\nSpecial Rules for Credit Card Purchases:\nIf you have a problem with the quality of property or services\nthat are purchased with a Card issued pursuant to this\nAgreement and you have tried in good faith to correct the\nproblem with the merchant, under certain circumstances you\nmay have the right not to pay the remaining amount due on\nthe property or services. There are two limitations on this\nright and both must apply: (i) the purchase must have been\nmade in the Cardmember\xe2\x80\x99s home state or, if not within the\nCardmember\xe2\x80\x99s home state, within one hundred (100) miles\nof the Cardmember\xe2\x80\x99s current mailing address, and (ii) the\npurchase price must have been more than $50. The forgoing\ntwo conditions do not apply if we own or operate the merchant\nor if we mailed the advertisement for the property or services\nto the Cardmember. This paragraph does not apply to the use\nof a check guarantee card or a debit card in connection with\nan overdraft credit plan, or to a check guarantee card used\nin connection with cash advance checks. This paragraph only\napplies to a transaction that would be considered a consumer\ncredit transaction under applicable law.\n33. Guaranty Agreement. Each Guarantor, jointly and severally\n(if more than one), unconditionally guarantees the payment,\nwhen due, to us, or any holder, assignee or transferee of this\nAgreement or any Account, of all Debt (no matter how it is\nincurred, for what it is incurred or who has incurred it) from\ntime to time owing under this Agreement or any Account and\nthe payment upon demand of the entire amount of Debt owing\nunder this Agreement or any Account in the event of default in\npayment by any Person or Persons obligated thereon.\nEach Guarantor, to the extent not prohibited by law: (i) waives\nnotice of acceptance of this guaranty; (ii) waives notice of, or\nany right of prior approval or consent with respect to, or any\ndefense or claim arising out of or relating to any extensions in\ntime of payment or other indulgences or concessions granted\nor extended to any Person or Persons obligated under this\nAgreement or any Account; and (iii) waives all other notices\nand rights to which each Guarantor is otherwise entitled by\nlaw or in equity; and each Guarantor agrees to pay all amounts\nowing hereunder, upon demand, without requiring any action\nor proceeding against any Person or Persons obligated under\nthis Agreement or any Account, or any of their property. This\nguaranty is a present guaranty and it shall continue until\nthirty (30) calendar days after the date of receipt by us of a\nwritten termination of guaranty executed by any Guarantor\nso terminating such Guarantor\xe2\x80\x99s guaranty, such notice to be\ngiven to us at P.O. Box 14542, Des Moines, IA 50306-3542.\nIf this guaranty is terminated by a Guarantor as provided in\n\nthe preceding sentence, such termination shall apply only\nto credit extended by us after the end of said thirty (30) day\nnotice period and such termination shall not apply to any other\nDebt. Termination of this guaranty by one Guarantor shall not\nterminate the guaranty of any other Guarantor. If suit is brought\nto enforce this guaranty agreement, each Guarantor agrees\nto pay our reasonable attorneys\xe2\x80\x99 fees, or those of any holder,\nassignee or transferee of this Agreement. The consideration for\nthis guaranty agreement is our agreement to extend credit as\nset forth in this Agreement and this guaranty agreement is being\ngiven to enhance your credit, and has been offered by each\nGuarantor to us and accepted by us for such purpose and to\nfurther secure and ensure payment of all of the Debt owing from\ntime to time under this Agreement or any Account.\n34. Application. This Agreement is incorporated in and has\nbeen made a part of the application for credit you gave us at the\ntime you applied for the credit to be extended by us under or\npursuant to this Agreement.\n\n\x0c'


b'ATIRAcredit\xe2\x84\xa2 Business Mastercard\xc2\xae Terms and Conditions\nInterest Rates and Interest Charges\n\nPrime + margin of 7.99% 13.99%\n\nAnnual Percentage Rate\n(APR) for Purchases\n\nA variable rate that ranges from\nto\nwhen\nyou open your account based on your creditworthiness. After that, your APR will vary with the\nmarket based on the Prime Rate.\n\nAPR for Balance Transfers\n\nBalance Transfer APR is the same as the Purchase APR.\n\nAPR for Cash Advances &\nConvenience Checks\n\nPrime + margin of 17.99%. This APR will vary with the market based on the Prime Rate.\nPrime + margin of 19.99%. This APR will vary with the market based on the Prime Rate.\nThe Penalty APR will apply to your Account if you:\n\nPenalty APR and When It\nApplies\n\n\xe2\x80\xa2\n\xe2\x80\xa2\n\nfail to make any Minimum Payment by the date and time due (late payment); or\nmake a payment to us that is returned unpaid.\n\nHow Long Will the Penalty APR Apply: If an APR is increased for any of these reasons, the\nPenalty APR will apply until the closing date of the sixth consecutive billing cycle that you are\ncurrent on all payments to your account.\n\nVariable Rate Information\n\nThe variable APR you receive is dependent on your credit history. Your Purchase APR may vary\nmonthly. The Purchase Rate is determined by adding a premium of 7.99% to 13.99% to the\nPrime Rate. The Convenience Check and Cash Advance Rate are determined by adding a\npremium of 17.99% to the Prime Rate. The Penalty Rate is determined by adding a premium of\n19.99% to the Prime Rate.\n\nGrace Period\n\nYour due date will be a minimum of 20 days after the close of each billing cycle. We will not\ncharge you periodic interest on any portion of new purchases billed to a statement that we\nallocate such payment to, so long as your current statement shows that we received payment of\nthe entire balance for your previous statement by the time the Minimum Payment was due. You\nmay not be able to avoid interest on new purchases if you have another balance at a higher\ninterest rate, unless you pay your balance in full each month, because we may allocate\npayments to higher rate balances first. We will begin charging interest on balance transfers, cash\nadvances, and convenience checks on the transaction date.\n\nMinimum Interest Charge\n\nIf you are charged periodic interest, the charge will be no less than $0.50.\n\nFees\nAnnual Membership Fee\n\nNone first year. After that, $39.00.\n\nTransaction Fees\n\xe2\x80\xa2\n\nBalance Transfer Fee\n\nEither $10.00 or 3% of the amount of each transfer, whichever is greater.\n\n\xe2\x80\xa2\n\nCash Advance Fee\n\nEither $10.00 or 4% of the amount of the cash advance, whichever is greater.\n\n\xe2\x80\xa2\n\nForeign Transaction Fee\n\n3% of each transaction in U.S. Dollars.\n\nPenalty Fees\n\xe2\x80\xa2\n\nLate Payment\n\n$20.00\n\n\xe2\x80\xa2\n\nOverlimit Fee\n\n$20.00\n\n\xe2\x80\xa2\n\nReturn Payment Fee\n\n$20.00\n\n\xe2\x80\xa2\n\nReturned Check Fee\n\n$20.00\n\nHow Your Variable Rate is Calculated\nWe calculate the variable rate by adding a premium to the highest Prime Rate published in the \xe2\x80\x9cMoney Rates\xe2\x80\x9d section of The Wall\nStreet Journal for the preceding three (3) months and can change up to three days prior to your statement closing date. If the Prime\nRate changes, your new rate will take effect on the then current billing period.\nHow Your Minimum Payment is Calculated Your minimum payment will be the greater of 2% of your outstanding balance or $40. If\nyour balance is less than $40, your minimum payment will equal your balance.\n\n\x0cHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cAVERAGE DAILY BALANCE\xe2\x80\x9d (including new transactions).\nPrime Rate: Your APR is variable and may increase or decrease monthly. The Purchase APR and Balance Transfer APR are\ndetermined by adding a margin of 7.99% to 13.99% to the Prime Rate. The Cash Advance APR is determined by adding a margin of\n17.99% to the Prime Rate. For each billing period, we use the Prime Rate published in The Wall Street Journal three (3) business days\nprior to your statement closing date. If The Wall Street Journal does not publish the Prime Rate, we may substitute a similar\npublished rate. A change in the APR due to a change in the Prime Rate takes effect as the first day of the billing period for which we\ncalculate the APR. We apply the applicable APR to any existing balances, subject to any promotional rates that may apply. If the\nPrime Rate increases, it will increase the APR and interest charges on your Account, and it may increase your monthly payment. Your\nAPRs may also be subject to applicable state rate caps.\nThe information about the costs and benefits of the card described in these Terms and Conditions is accurate as of 9/1/2017. This\ninformation may have changed. To find out what may have changed please visit www.ATIRAcredit.com for the latest version or\ncall 888.4.ATIRA.1 (888.428.4721).\nCredit approval required. If this card is approved, your credit limit will be provided to you upon approval depending on your\ncreditworthiness. The minimum credit limit is $500.\nPlease allow up to two (2) billing cycles for reward points to post to your account.\nTERMS & CONDITIONS\nAuthorization: When you ("you", "your" means the owner, officer, or partner of the company with the authority to bind the\ncompany to the terms & conditions of this offer and the Business Card Agreement, and who is agreeing to the terms on their own\nbehalf and that of the company) respond to this credit card offer from TMG Financial Services, Inc. ("TMGFS", \xe2\x80\x9cATIRAcredit\xe2\x80\x9d, "we",\nor "us"), you agree to the following:\n1.\n\nYou authorize us to obtain business and consumer credit bureau reports in connection with your request for an account. If\nan account is opened, we may obtain credit bureau reports in connection with extensions of credit or the review or\ncollection of your account. If you ask, we will tell you the name and address of each credit bureau from which we obtained\na report about you.\n\n2.\n\nIf an account is opened, you will receive a Welcome Letter, a Business Mastercard Agreement and Disclosure Statement\nwith your card(s), and these disclosures that make up the entirety of your Business Card Agreement with us. By using the\naccount or any card, authorizing their use, or making any payment on the account, you agree to the terms of the Business\nCard Agreement.\n\n3.\n\nYou authorize us to allocate your payments and credits in a way that is most favorable to or convenient for us.\n\n4.\n\nRates, fees and terms may change: We have the right to change the account terms (including the APRs) in accordance with\nyour Business Card Agreement.\n\n5.\n\nYou also certify you have the authority to permit us to issue your credit card containing the Company name if completed on\nthe form.\n\nIndividual and Company Liability: You understand that by responding to this offer you agree to be personally responsible for\npayment of all balances incurred on all cards and accounts issued pursuant to this application now or whenever such additional\naccounts may be established in the future, and that the Company is jointly liable for all balances on all accounts in the Company\nname. You understand that if you leave the employment of the Company, you will continue to be responsible for the outstanding\nbalances on the accounts. You must notify us immediately to close the accounts and prevent further usage.\nBefore we approve you for a credit card, we will review your credit report, the Company\'s financial information, and the information\nyou provide with your response to confirm that you meet the criteria for this offer. Based on this review, you may receive a card\nwith different costs or you may not receive a card. We may request additional information for a revolving credit amount above\n$15,000.\n\n\x0cIf an account is approved, all cardmembers will have access to the approved revolving credit amount disclosed on the Welcome\nLetter and any amount over the revolving credit amount that we authorize. If you would like to set spending limits on any\ncardmembers, please contact our Cardmember Service Department after the account has been opened. By becoming a Mastercard\nBusiness cardmember, you agree that the card is being used only for business purposes and that the card is being issued to a public\nor private company including a sole proprietor or employees or contractors of an organization.\nYou must be at least 18 years old to qualify.\nYou authorize us to receive and exchange information about you, including from your employer, your financial institution, credit\nbureaus and others for purposes of verifying your identity and the information on this application and determining your eligibility for\ncredit, renewal of credit, and future extensions of credit. By providing your phone numbers, you agree that TMG Financial Services,\nits affiliates and agents, may call you at these numbers. If this is a cell phone number you agree that we may contact you using an\nautomatic dialer, including pre-recorded messages and/or text messages, even if your cell phone provider may charge you for calls\naccording to your current plan. Upon your request, we will inform you of the name and address of each consumer reporting agency\nfrom which we obtained a consumer report relating to you.\nWe reserve the right to change the benefit features associated with your card at any time.\nOhio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all customers, and\nthat credit reporting agencies maintain separate histories on each individual upon request. The Ohio Civil Rights Commission\nadministers compliance with the law.\nReplying to this offer: If you omit any information on the form, we may deny your request for an account. You must have a valid\npermanent home address, and the Company must be headquartered, within the 50 United States or the District of Columbia. The\ninformation about the costs of the card described in this form is accurate as of 9/1/2017. This information may have changed after\nthat date. To find out what may have changed, call 1-888-428-4720.\nUSA Patriot Act: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all\nfinancial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means to\nyou: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to\nidentify you. We may also ask to see your driver\'s license or other identifying documents.\nATIRAcredit\xe2\x84\xa2 Rewards Program: For full Terms and Conditions, visit http://www.atiracredit.com/ATIRAcreditRewards.pdf.\nATIRAcredit makes your privacy a priority; please visit www.ATIRAcredit.com for a copy of our privacy pledge.\nThe ATIRAcredit\xe2\x84\xa2 Card is provided by TMG Financial Services pursuant to a license by Mastercard International Incorporated.\nMastercard, Platinum Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard International\nIncorporated. \xc2\xa92017, TMG Financial Services, Inc. ATIRA\xc2\xae is a registered service mark and ATIRAcredit\xe2\x84\xa2 is a service mark of The\nMembers Group, LLC.\n\n\x0c'


b'ATIRAcredit\xe2\x84\xa2 Secured Mastercard\xc2\xae Terms and Conditions\n\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\n22.49% This APR will vary with the market based on the Prime Rate.\n\nAPR for Cash Advances\n\n22.49% This APR will vary with the market based on the Prime Rate.\n\nPenalty APR and When it\nApplies\n\nNone\n\nHow to Avoid Paying\nInterest on Purchases\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\ninterest on purchases if you pay your entire balance by the due date each month.\n\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nTo learn more about factors to consider when applying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection Bureau at\nhttp://www.consumerfinance.gov/learnmore.\n\nFees\nAnnual Fee\nTransaction Fees\n\xe2\x80\xa2 Cash Advance Fee\n\xe2\x80\xa2\n\nForeign Transaction\nFee\nPenalty Fees\n\xe2\x80\xa2 Overlimit Fee\n\xe2\x80\xa2\n\nLate Payment Fee\n\n\xe2\x80\xa2\n\nReturned Payment Fee\n\nUp to $29.00. Fees may vary by state; please see additional terms and conditions for more\ninformation.\nEither $10.00 or 4% of the amount of the cash advance, whichever is greater. Subject to\napplicable state law limitations; please see additional terms and conditions for more information.\n1% of each transaction in U.S. Dollars.\n\nNone\nUp to $25.00. Fees may vary by state; please see additional terms and conditions for more\ninformation.\nUp to $25.00. Fees may vary by state; please see additional terms and conditions for more\ninformation.\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cAVERAGE DAILY BALANCE\xe2\x80\x9d (including new transactions).\nThe information about the costs and benefits of the card described in these Terms and Conditions is accurate as of 04/05/2018.\nThis information may have changed. To find out what may have changed please visit www.ATIRAcredit.com for the latest version\nor call 888.4.ATIRA.1 (888.428.4721).\nCredit approval required. If this card is approved, your credit limit will be equal to the deposit amount securing your account. The\nminimum deposit amount is $300.\nAdditional Terms and Conditions\nYour APR Can Fluctuate\nYour APR is variable and may increase or decrease monthly. The Purchase APR is determined by adding a margin of 17.74% to the\nPrime Rate. The Cash Advance APR is determined by adding a margin of 17.74% to the Prime Rate. For each billing period, we use\nthe Prime Rate published in The Wall Street Journal ten (10) business days prior to your statement closing date. If The Wall Street\nJournal does not publish the Prime Rate, we may substitute a similar published rate. A change in the APR due to a change in the\nPrime Rate takes effect as the first day of the billing period for which we calculate the APR. We apply the applicable APR to any\nexisting balances, subject to any promotional rates that may apply. If the Prime Rate increases, it will increase the APR and interest\ncharges on your Account, and it may increase your monthly payment. Your APRs may also be subject to applicable state rate caps.\nTerms of Your Account May Change\nWe may change the terms of your account as permitted by law. If we change any of these terms, we will notify you in advance as\nrequired by law.\n\n\x0cYou May Receive Future Offers With Different Terms\nAt any time in the future, we may extend new offers in connection with this account, including opportunities to transition to an\nunsecured product. These new products and services may have different APRs, fees and other terms. We will provide any different\nterms when we make you the new offer, and you may accept or decline any such offer.\nMinimum Income Requirement For This Card\nTo qualify for this card, you must have a minimum of $40.00 in disposable monthly income.\nAnnual Fee\nYour Account has an Annual Fee of $29.00, unless a lower state law limit applies, in which case the fee shall be the largest amount\nallowable under state law. This fee will be charged on the first periodic statement you receive. The Annual Fee will then be charged\non or about the same day every year thereafter. State law limits include, but are not limited to: Up to $12.00 in MS; Up to $20.00 in\nKY and NV; Up to $20.00 in lieu of transaction fees in IL; Up to $24.00 in NC; Up to $25.00 in FL; Up to the lesser of 1% of loan\namount or $29.00 for NY.\nLate Payment Fee\nWe may add a late fee as outlined below to your Account for each billing period you fail to pay the Minimum Amount Due by the\nPayment Due Date (unless otherwise limited by state law). No fee for CT; Up to 5% of past due amount after 7 days for VA; Up to 5%\nof past due payment after 10 days for NY; Up to the greater of 5% of unpaid amount or $10.00 after 10 days for WY; Up to 5% of\nunpaid installment, not to exceed $10.00 after 15 days for ME; Up to 5% of unpaid installment, not to exceed $25.00 after 10 days\nfor WV; Up to the lesser of $5.00 or the balance on balances under $100 or $10.00 for balances over $100 after 30 days for NC; Up\nto the greater of $5.00 or 4% of amount of any delinquency after 15 days for MS; Up to $7.00 for CA; Up to the greater of $7.20 or\n5% of unpaid payment after 10 days, not to exceed $18.00 in SC; Up to the greater of $7.80 or 5% of amount of the payment after 10\ndays for MN; Up to 10% of payment amount after 10 days for WA; Up to the lesser of 10% of outstanding balance or $10.00 after 15\ndays in default for MA; Up to the greater of 5% of installment or $15.00 after 7 days for KY; Up to $15.00 after 10 days for CO, DC, FL\nand LA; Up to the lesser of 5% of payment due or $15.00 after 10 days for TX; Up to the greater of 5% of minimum required payment\nor $15.00 after 10 days for OH and ID; Up to the greater of 5% of minimum payment or $15.00 after 15 days for MO; Up to the\ngreater of $15.00 or 5% of amount past due for MI and MT; Up to $15.00 for IA; Up to the greater of $18.00 or 5% of payment in\ndefault after 10 days in AL; Up to $18.50 after 10 days for IN; Up to the greater of $20.00 or 10% of payment after 15 days in PA; Up\nto the greater of $24.50 or 5% of payment after 10 days for OK; Up to $25.00 for AA, AE, AK, AP, AR, AZ, DE, GA, HI, IL, KS, MD, ND,\nNE, NH, NJ, NM, NV, OR, RI, SD, TN, UT, VI, VT and WI.\nReturned Payment Fee\nWe may add a fee as outlined below to your Account if a payment check or similar instrument is not honored or returned because it\ncannot be processed, or if an automatic debit is returned unpaid. We may assess this fee every time your check or payment is not\nhonored, as permitted by law. No fee for WY; Up to $10.00 for NV; Up to $15.00 after 2nd presentment for MD; Up to $20.00 for CT,\nFL, ID, NY, OH and OR; Up to the greater of $20.00 or 5% of amount due for IA; Up to $25.00 if check remains unpaid for 15 days\nafter notice of dishonor is sent for MS; Up to $25.00 for AA, AE, AK, AL, AP, AR, AZ, CA, CO, DC, DE, HI, IL, IN, KS, KY, LA, MA, ME, MI,\nMN, MO, MT, NC, ND, NE, NH, NJ, NM, OK, PA, RI, SC, SD, TN, TX, UT, VA, VI, VT, WA, WI and WV; Up to $25.00 or 5% of check\namount for GA.\nCash Advance Fee\nIf you use your Account or Card to obtain a Cash Advance, we will charge a Cash Advance fee of the greater of 4% of the cash\nadvance or $10.00, unless state law limits the amount we can charge, in which case the fee shall be the largest amount allowable\nunder state law. State law limits include, but are not limited to: No fee for IL; Up to $0.25 for NV; Up to the lesser of 1.5% of the\namount of each cash advance or $5.00 for WV; Up to the greater of $2.00 or 2% of advance for TX; Up to the lesser of 2% of amount\nor $10.00 for IN; Up to the greater of 2.5% of amount advanced or $2.00 for CO; Up to 4% of advance for LA; Up to the greater of\n$10.00 or 4% of each cash advance ($30.00 maximum) for MN.\nOther Fees\nOther fees are identified in the Cardmember Agreement.\nAttestation and Authorizations\nI am applying to TMG Financial Services (TMGFS) for a credit card account. Everything that I have stated on the application is correct\nto the best of my knowledge. I understand that I must be at least 18 years of age and have a valid social security number, unless\notherwise specified to qualify for this offer.\nI understand that approval is based upon satisfying TMGFS\xe2\x80\x99 credit standards. TMGFS maintains the right not to open my account if:\n(a) the information provided on or with my application is incomplete, inaccurate or unverifiable; (b) I no longer meet TMGFS\xe2\x80\x99\n\n\x0cstandards for creditworthiness; (c) my name and/or mailing address has been altered; (d) deposit funds do not clear. I understand\nthat the exact amount of my credit line will be determined after review of my application and my deposit has been received and\ncleared.\nBy submitting this application, you authorize us to obtain credit reports in connection with your request for an account. If an account\nis opened, we may obtain credit reports in connection with additional extensions of credit, upgrade of the product or change in\nterms, the renewal, review or collection of your account or in connection with another permissible purpose.\nIf an account is opened, you will receive a Cardmember Agreement with your Welcome Letter and account opening disclosures. All\nterms and conditions of your account are contained in your Cardmember Agreement, Welcome Letter and Card Carrier. You agree to\nthese terms by using your account or by not closing the account within three (3) business days of receiving the Cardmember\nAgreement.\nYou certify that you are of age to legally contract and that you have read and reviewed all terms, conditions and disclosures\nprovided. You certify that the information you provide in connection with obtaining this credit card is complete and accurate. You\nunderstand that omission of information requested may be reason for denial.\nYou authorize us to receive and exchange information about you, including from your employer, your financial institution, credit\nbureaus and others for purposes of verifying your identity and the information on this application and determining your eligibility for\ncredit, renewal of credit, and future extensions of credit. By providing your phone numbers, you agree that TMG Financial Services,\nits affiliates and agents, may call you at these numbers. If this is a cell phone number you agree that we may contact you using an\nautomatic dialer, including pre-recorded messages and/or text messages, even if your cell phone provider may charge you for calls\naccording to your current plan. Upon your request, we will inform you of the name and address of each consumer reporting agency\nfrom which we obtained a consumer report relating to you.\nOur agreement with you will be governed by applicable State and Federal laws.\nIMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of\nterrorism and money laundering activities, U.S. Federal law requires financial institutions to obtain, verify and record information\nthat identifies each person (individual or business) who opens an account. What this means for you: when you open an account, we\nwill ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask for your\ndriver\xe2\x80\x99s license or other identifying information.\nSTATE SPECIFIC INFORMATION\nCalifornia Residents:\nA married applicant may apply for a separate account. Applicants: 1) may, after credit approval, use the credit card account up to its\ncredit limit; 2) may be liable for amounts extended under the plan to any joint applicant. As required by law, you are hereby notified\nthat a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the\nterms of your credit obligations.\nConnecticut Residents:\nThis is an open-end loan being made pursuant to Connecticut Statutes Sections 36a-555 to 573.\nFlorida Residents:\nYou (borrower) agree that, should we obtain a judgment against you, a portion of your disposable earnings may be attached or\ngarnished (paid to us by your employer), as provided by Florida and Federal law.\nMissouri Residents:\nOral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including\npromises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from\nmisunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the\ncomplete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.\nNew York Residents:\nWe may obtain a credit report in connection with this Account, including for any review, modification, renewal or collections\nassociated with this Account. Upon your request, you will be informed whether such report was requested and, if so, the name and\naddress of the consumer reporting agency furnishing the report. New York residents may contact the New York State Banking\nDepartment at 877.226.5697 to obtain a comparative listing of credit card rates, fees and grace periods.\n\n\x0cOhio Residents:\nThe Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that\ncredit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission\nadministers compliance with this law.\nSouth Dakota Residents:\nIf you believe there have been any improprieties in making this loan or in the lender\xe2\x80\x99s loan practices, you may contact the South\nDakota Division of Banking at 1601 N. Harrison Ave, Suite 1, Pierre, SD 57501, or by phone at 605.773.3421.\nWisconsin Residents:\nIf you are married, please contact us immediately upon receipt of this Agreement at 888.4.ATIRA.1 and provide us with the name\nand address of your spouse. We are required to inform your spouse that we have opened a credit account for you.\nATIRAcredit makes your privacy a priority; please visit www.ATIRAcredit.com for a copy of our privacy pledge.\nThe Secured Mastercard is provided by ATIRAcredit. Mastercard and the Mastercard Brand Mark are registered trademarks of\nMastercard International Incorporated. \xc2\xa92018, TMG Financial Services, Inc. ATIRA\xc2\xae is a registered service mark and ATIRAcredit\xe2\x84\xa2 is\na service mark of the Members Group, LLC.\n\n\x0c'