b'COMMUNITY FINANCIAL CREDIT UNION\nMasterCard CARD HOLDER AGREEMENT\nTHIS IS YOUR AGREEMENT WITH COMMUNITY FINANCIAL CREDIT UNION (COMMUNITY FINANCIAL) REGARDING RIGHTS\nAND RESPONSIBILITIES ASSOCIATED WITH OBTAINING A MasterCard CREDIT CARD. THE DISCLOSURE STATEMENTS THAT\nFOLLOW ARE REQUIRED BY FEDERAL REGULATIONS, INCLUDING THE TRUTH IN LENDING AND FAIR CREDIT BILLING ACTS.\nPLEASE READ THIS DISCLOSURE CAREFULLY TO BE FAMILIAR WITH YOUR RIGHTS AND RESPONSIBILITIES. IT IS IMPORTANT\nTO RETAIN THIS NOTICE FOR FUTURE REFERENCE AND TO NOTIFY US AT ONCE IF ANY PARTS ARE UNCLEAR.\n1.\nWORDS OFTEN USED IN THIS AGREEMENT. The word \xe2\x80\x9cAgreement\xe2\x80\x9d means this Community Financial Credit Union MasterCard Credit\nCard Agreement. In this Agreement, the words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean or refer to each and all persons who have applied for the Card or Cards.\n\xe2\x80\x9cCard\xe2\x80\x9d means the MasterCard Credit Card or Cards, and any duplicates and renewals thereof, or substitutions thereof, we may issue to you.\n\xe2\x80\x9cAccount\xe2\x80\x9d means your MasterCard Credit Card line of credit loan account with us. \xe2\x80\x9cWe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cours\xe2\x80\x9d means or refers to Community Financial\nCredit Union.\n2.\nTHIS IS YOUR CONTRACT WITH US. Once this agreement is provided to you, it becomes a binding contract. When you signed the\napplication, you acknowledged that you would receive a copy of this Agreement and promised to abide by the terms of this Agreement including all\napplicable laws. This Agreement is a Truth-in-Lending Disclosure Statement as well as a contract.\n3.\nSIGN THE CARD. Your Card(s) have been printed as you have directed. Each Card must be signed (in the space provided on the back) by\nthe person whose name is printed thereon. That signature must be in the same form as printed on the front of the Card. However, your liability under\nthis Agreement does not depend on whether you sign your Card.\n4.\nUSING THE CARD. By using this Card, you are agreeing to comply with the terms of this Agreement. To make a Purchase or Cash Advance\n(which includes Balance Transfers), present the Card to a participating MasterCard plan merchant or financial institution and sign the sales draft or\ncash advance draft (when required) which will be imprinted with your Card or generated after your Card\xe2\x80\x99s number has been magnetically read or\notherwise provided. Please note that we are not responsible if a particular MasterCard plan merchant or financial institution refuses to honor your\nCard. You can receive a copy of any draft you sign or a corresponding transaction slip when using the Card. You should retain all such items to\nverify your monthly statement. We will upon request furnish you with a copy of a draft for a charge per copy; however, there will be no charge in\ncases involving error resolution. You may use your Card to make purchases and cash advances primarily for personal, family, or household purposes.\nIn addition, you may obtain cash advances from the Credit Union or from other financial institutions that accept MasterCard Cards or ATMs that\naccept MasterCard Cards. Whenever you request a transaction, you may be required to prove your identity. When the amount advanced appears on a\nsubsequent statement, that statement reference will be conclusive evidence of the request. To obtain an advance at an ATM you must use a Personal\nIdentification Number (PIN) that was issued for use with the Card.\n5.\nCHECKING ACCOUNT INDIRECT ACCESS. If you so choose, when you write a check drawn on your Community Financial Checking\nAccount that overdraws that account, we will add the amount by which your Checking Account is overdrawn to your MasterCard Balance and\ntransfer that amount to your Checking Account to cover the overdraft.\n6.\nILLEGAL TRANSACTIONS. You agree that you will only use your Account for transactions that are legal where you reside. Display of a\npayment card logo by an on-line merchant does not mean that the transaction with that merchant is legal where you reside. You agree not to use your\nCard for any illegal transactions. We will not be liable if you engage in any illegal transactions.\n7.\nPROMISE TO PAY. You promise to repay to us all debts and the FINANCE CHARGE thereon arising from any authorized use of the Card.\nYou agree not to let someone else use the card without our consent. If the application was signed by two persons, the Account is joint; that is, each\nof you, separately and jointly with each other, is liable for all debts on the Account and FINANCE CHARGE(S). Your obligation to pay all such\ndebts and FINANCE CHARGE(S) continues even though an agreement, divorce decree or other court judgment to which we are not a party may\ndirect that only one of you, or some person other than you (or both of you), must pay such debts and FINANCE CHARGE.\n7a. SECURITY INTEREST. You hereby grant us a security interest in collateral (other than collateral consisting of (i) real estate that is your\nprincipal residence; and (ii) household goods) securing other loans with us to secure credit under this Agreement. This security interest shall be\ngoverned by the terms and conditions of the security agreement or other security instrument signed by you when the security interest in the collateral\nwas created.\n8.\nCREDIT LINE. When we approved your application, we established a self-replenishing line of credit for you and notified you of the amount\nthereof (\xe2\x80\x9ccredit limit\xe2\x80\x9d). You agree not to let your Account Balance exceed such amount, and you agree to pay us the total amount over the credit limit\nupon our demand whether or not we authorized the advance(s) which caused you to exceed your credit line. Unless you are in default, each payment\nyou make on the Account will replenish your credit limit by the part of that payment which is applied to principal. You may request an increase in the\ncredit limit by a written application, which must be approved by us. We may increase or decrease the limit from time to time or may, with good\ncause, revoke your Card and terminate this Agreement; in either event, we will give you written notice of such action. \xe2\x80\x9cGood Cause\xe2\x80\x9d includes your\nfailure to satisfy the terms of this Agreement or our adverse reevaluation of your Credit worthiness; in either event, we will give you written notice of\nsuch action. In the event your account is cancelled or revoked due to default, the balance at the time of default may be transferred in-house with the\nCredit Union and billed in accordance with applicable law. You may terminate this Agreement, at any time and for any reason, by giving us written\nnotice. Nevertheless, termination by you or by us does not affect your obligation to pay all debts and FINANCE CHARGE thereon arising from\nauthorized use of your Card. The Cards remain our property and you must recover and surrender to us all Cards upon our request or upon termination\nof this Agreement.\n\n\x0c9.\nJOINT ACCOUNTS. If more than one person signed the application, each person who signed it promises to pay all amounts owed to us under\nthis Agreement. Each of you authorizes the other(s) to make purchases, withdrawals, cash advances or balance transfers individually. Any one of you\nmay cancel the Account. The cancellation will be effective to all of you. Each of you is jointly and severally obligated. This means that we may\ncollect money owed to us from each of you or from all of you regardless of your current domestic relationship or other legal proceedings. In any\nevent, all of you will continue to be jointly and severally obligated until all cards are returned and the debt is extinguished.\n10. AUTHORIZED USERS. You may allow Authorized Users on your Account by notifying us that you want someone added to the account as an\nAuthorized User and obtaining our consent. Additionally, though not allowed, you will be deemed to have personally authorized another user in the\nfollowing ways (1) by lending your Card or Account Number to another (without our required consent); or (2) by any other means in which you\nwould be legally considered to have allowed another to use your Account or be legally prevented from denying that you did so. Think carefully\nbefore you allow someone to become an Authorized User (in any manner). By doing so, you authorize the person to use your Account to the same\nextent you can, including but not limited to making Purchases, Checking Account Indirect Access, Cash Advances, Balance Transfers and allowing\nothers to use your Account. Your Account does not permit you to limit the nature or amount of authority you give to any Authorized User and you\nagree that you will not attempt to do so. An Authorized User\xe2\x80\x99s authority will continue until you both notify us that you are terminating the authority\nand you physically retrieve the Card. If you cannot retrieve the Card, you will remain liable for any transactions we cannot prevent after you notify\nus.\n11. PAYMENTS. We will send you a statement every month showing your Previous Balances of purchases, cash advances and balance transfers,\nthe current transactions on your account, the remaining credit available under your Credit Line, the New Balances of purchases, cash advances and\nbalance transfers, the Total New Balance, the FINANCE CHARGE due to date, and the Minimum Payment required. Every month you promise to\npay at least the Minimum Payment on or before the due date shown on your statement. You may, of course, pay more frequently, pay more than the\nMinimum Payment, or pay the Total New Balance in full, and you will reduce the FINANCE CHARGE by doing so. The Minimum Payment will be\neither (a) 3% of your Total New Balance (rounded to the nearest dollar), or $15.00, whichever is greater, or (b) your total New Balance, if it is less\nthan $15.00 plus (c) any portion of the Minimum Payment(s) shown on prior statement(s) which remains unpaid. In addition, at any time your total\nNew Balance exceeds your Credit Line, you must immediately pay the excess upon our demand. Any payment check or other form of payment that\nyou send us for less than the full balance due that is marked \xe2\x80\x9cpaid in full\xe2\x80\x9d or contains a similar notation, or that you otherwise tender in full\nsatisfaction of a disputed amount, must be sent to the Credit Card Disputes Department, Community Financial, 500 S. Harvey, Plymouth, MI 48170.\nWe reserve all our rights regarding these payments (e.g. if it is determined that there is no valid dispute or if any such check is received at any other\naddress, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you,\nnot cashing it, or destroying it. All other payments that you make should be sent to the appropriate payment address.\n12. PAYMENT ALLOCATION. We may select and change the method by which payments and credits are allocated to your account at our sole\ndiscretion; however, payments will be allocated to billed amounts before they are allocated to unbilled amounts (transactions incurred since your last\nstatement) and payments amounts in excess of the required minimum monthly payment will be applied to higher rate balances before they are applied\nto lower rate balances. Payment for more than the minimum amount due will be accepted as a single payment for the month; the amount over the\nminimum is not applied toward future payments due.\n13. FINANCE CHARGE. Your MasterCard Account will be subject to a FINANCE CHARGE (interest) at the periodic rate of _________% per\nmonth, which corresponds to an ANNUAL PERCENTAGE RATE of ________%. If you fail to pay any required minimum payment for more\nthan 60 days after the payment is due, we may increase the monthly periodic rate to 1.500%, corresponding to an ANNUAL PERCENTAGE RATE\nof 18.00%. This increased rate, once imposed, will remain in effect until you make six consecutive minimum payments on time.\nThe FINANCE CHARGE is calculated by applying the above periodic (monthly) rate to the Average Daily Balance (including new purchases). An\n\xe2\x80\x9cAverage Daily Principal Balance\xe2\x80\x9d is calculated separately for purchases, cash advances and balance transfers and is determined as follows: For each\nday during the statement period (billing cycle) the principal balances of purchases, cash advances and of balance transfers from the previous day are\nincreased by any purchases, cash advances or balance transfers posted to the Account that day and decreased by any payments or credits posted to the\nAccount that day. Such daily principal balances are separately totaled and then divided by the number of days in the statement period (billing cycle),\nresulting in the \xe2\x80\x9cAverage Daily Principal Balances\xe2\x80\x9d of purchases, cash advances and balance transfers shown on your statement.\nYou can avoid FINANCE CHARGES on purchases by paying the total New Balance each month on or before the payment due date shown on your\nmonthly statement. Otherwise, the New Balance of Purchases, and subsequent purchases from the date they are posted to your account, will be\nsubject to FINANCE CHARGE, except that if during the previous billing cycle you paid all amounts owing in full by the Payment Due Date, then in\nthe current billing cycle you will have a free interest period on the amount of the New Balance of Purchases remaining from the previous billing\ncycle that is paid by the Payment Due Date based on our payment allocation method. Cash Advances and Balance Transfers bear FINANCE\nCHARGES from the transaction date until paid. There is no FREE INTEREST period for Cash Advances and Balance Transfers. However, you can\nalways keep the FINANCE CHARGE to a minimum by making payments, whatever the amount, as promptly and as often as possible.\n14. PERIODIC STATEMENTS. We will send you a statement every month showing your previous balance, purchases, cash advances and balance\ntransfers, payments made on your account, periodic rate, annual percentage rate, finance charge and its method of computation, any other charges,\nfree interest period, payment due date, procedures for error resolution, Minimum Payment required, and the closing date with corresponding New\nBalance for the billing cycle. You may not receive a statement on your Account if there has been no activity, if collections procedures have been\ninitiated against you because you are in default, or we are legally prohibited from sending them. Each statement is deemed to be a correct statement\nunless you establish a billing error pursuant to the Federal Truth in Lending Act as described in this Agreement.\n15. DEFAULT. You will be in default and we may, to the extent permitted by law, terminate your credit line and declare the entire unpaid balance\nof the account immediately due and payable, under any of the following conditions:\n\xe2\x80\xa2\nYou fail to make the minimum payment by the statement payment due date;\n\xe2\x80\xa2\nYou breach any other promises made in or conditions of the Agreement and/or any other agreement with us;\n\n\x0c\xe2\x80\xa2\n\xe2\x80\xa2\n\nYou use your card for an illegal transaction;\nIf you become involved in any insolvency, receivership, guardianship, conservatorship, or any other proceeding which determines you\nare incapable of managing your financial affairs, including filing for Bankruptcy;\n\xe2\x80\xa2\nYou have made a false or misleading statement in your credit application and/or in your representation to us while you owe money on\nyour account;\n\xe2\x80\xa2\nA judgment or tax lien is filed against you or any attachment or garnishment is issued against any of your property or accounts, including\nanyone starting an action or proposing to seize any of your funds on deposit with us;\n\xe2\x80\xa2\nWe in good faith determine that your creditworthiness (which includes your ability to repay us) has become unsatisfactory due to change\nin employment, increase in your other obligations, or because of any other reason, time being of the very essence;\n\xe2\x80\xa2\nYou die; or\n\xe2\x80\xa2\nGovernment action precludes us from imposing the annual percentage rate or a government authority has notified us that continued\nadvances constitute an unsafe and unsound practice.\nIn the event of any default, we may, at our option, declare the entire balance on the Account to be immediately due and payable.\n16. COLLECTION COSTS. You also agree that, in case of default, you will pay all usual and customary costs of collection permitted by law,\nincluding, but not limited to, attorney fees and expenses incurred by us in the enforcement of this agreement.\n17. DELAY OR FAILURE TO ENFORCE. We do not lose our rights under this or any related agreement if we delay or fail to enforce them. We\ncan accept late payments or partial payments without losing any of our rights.\n18. NOTIFICATION OF ADDRESS CHANGE. You agree to notify us promptly if you change your name, street address, email address or\ntelephone number.\n19. ADDRESS FOR NOTICES TO US. All notices under this Agreement must be in writing and mailed to Community Financial at 500 S. Harvey,\nPlymouth, Michigan 48170.\n20. CHANGE IN TERMS. From time to time, we may amend this Agreement by mailing a written notice of the amendment to you at the last\naddress shown for you in our records. In the event the terms we are changing require advance notice by law, we will comply with the requirements of\nthat law.\n21. YOU MAY CANCEL THE ACCOUNT. You may cancel the account whenever you choose. If you do, you agree to cut each Card in half and\nreturn it to us at the address shown in Section 19 above, along with your written notification that you wish to cancel the account. Such cancellation\nwill become effective within five days after the notice is received by us. You will still be responsible for the repayment of any outstanding balance on\nyour account and any other amounts that have not yet been billed to you.\n22. WE MAY CANCEL THE ACCOUNT. We have the right to cancel the account at any time upon written notice sent to you at the last address\nshown for you in our records. You agree to discontinue the use of the Cards, and to return the Cards to us, at our request.\n23. CREDIT REPORTING AGENCIES. You authorize us to investigate your credit standing when opening, renewing or reviewing your Account,\nand you authorize us to disclose information regarding our experience with you under this Agreement to consumer reporting agencies, bureaus and\nother creditors. If you request it, we will provide the name and address of each consumer reporting agency used for this purpose. If you believe we\nhave reported inaccurate information about you to a consumer reporting agency, please notify us at Community Financial, 500 S. Harvey, Plymouth,\nMichigan 48170. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report\nthat contains the alleged inaccurate information, please send us a copy of that report as well. You are hereby notified that negative information will be\nprovided to appropriate consumer reporting agencies if you fail to perform your obligations under this agreement.\n24. TRANSACTION SLIPS. Your periodic statement will identify the merchant, electronic terminal location, or financial institution at which\ntransactions were made. Sales, cash advance, credit or other slips cannot be returned with each statement. You must retain the copy of such slips\nfurnished at the time of each transaction in order to verify the transactions listed on your statement. You agree to pay a reasonable fee for copies of\ntransaction slips that you request.\n25. CREDITS. If merchants who honor your Card give you a credit for returns or adjustments, they will do so by processing a credit which we will\npost to your Account. You should keep your copy of the credit slip to verify your monthly statement. If your credits and payments exceed what you\nowe us on the Account we will credit such excess to the Account and, if the amount is $1.00 or more, we will credit it to your share account after two\n(2) months or upon your written request.\n26. FOREIGN TRANSACTIONS. Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S.\ndollars. The exchange rate for transactions in a foreign currency will be a rate selected by MasterCard from the range of rates available in wholesale\ncurrency markets for the applicable central processing date, which rate may vary from the rate MasterCard itself receives, or the government\nmandated rate in effect for the applicable central processing date.\n27.\n\nTRANSACTIONS WITH MERCHANTS.\n\xe2\x80\xa2\nReturn Policies \xe2\x80\x93 If a merchant discloses a policy such as but not limited to \xe2\x80\x9cno returns,\xe2\x80\x9d \xe2\x80\x9cno refunds,\xe2\x80\x9d \xe2\x80\x9cas is,\xe2\x80\x9d or \xe2\x80\x9call sales final\xe2\x80\x9d you\nwill be bound by that policy when you use your Account to buy goods or services from that merchant.\n\xe2\x80\xa2\nReservations \xe2\x80\x93 When using your Account to make a travel or lodging reservation, obtain the merchant\xe2\x80\x99s cancellation policy and follow it\nif you wish to cancel. If you cancel, obtain the merchant\xe2\x80\x99s cancellation number that is required to be provided to you. The merchant may\ncharge you for a cancelled transaction unless you can provide us with the merchant\xe2\x80\x99s cancellation number.\n\n\x0c\xe2\x80\xa2\n\xe2\x80\xa2\n\nRecurring Transactions \xe2\x80\x93 If you authorize a merchant to charge your Account for repeat transactions without your Card, you must notify\nthe merchant, and not us, when you want to discontinue the repeat transactions.\nDispute Access \xe2\x80\x93 If you disagree with a transaction on your statement or have a dispute with a merchant as a result of a transaction, you\nagree to provide us with information and assistance we reasonably request. Otherwise, you will pay us for any resulting loss we have,\nunless we are prohibited by law from holding you liable for our loss.\n\n28. CARD AGREEMENT. You understand that your MasterCard Credit Card is issued by us, remains our property, and is subject to rules\ngoverning ATM networks, which financial institutions must follow. The cards are not transferable. By using your card, you are agreeing to the\nfollowing additional terms: (1) To abide by the rules and regulations and those of the participating ATM network as may be amended; (2) That we\nand the ATM network may follow all electronic instructions given through the ATM; (3) that we may restrict the use of or terminate your card at any\ntime without notice to prevent loss to your account or to the Credit Union; (4) your Card may not be used for any illegal transaction.\n29. DAILY LIMITS. You agree to adhere to any daily limits established by the Credit Union in conformance with the ATM network agreement\nand which are subject to modification to preserve the integrity of the ATM network and prevent loss to the Credit Union or its members.\n30. PERSONAL IDENTIFICATION NUMBER (PIN). Upon request we will furnish you with a Personal Identification Number (PIN). You agree\nto keep the PIN confidential. You also agree you won\xe2\x80\x99t write the PIN on the Card or anything you keep with the Card. Your use of the PIN and Card\nin getting a Cash Advance or making a Purchase is agreed to constitute your signature for purposes of such transactions. You can also use your card\ntogether with your Personal Identification Number (PIN) to get a Cash Advance from an Automated Teller Machine (ATM) in the MasterCard\nNetwork, to get a Cash Advance from a MasterCard financial institution, or to make a Purchase from a merchant that uses the Card in an electronic\nterminal that accesses the MasterCard system. IF YOU FORGET OR DO NOT ENTER YOUR PIN CORRECTLY, THE ATM MAY KEEP YOUR\nCARD THE THIRD TIME THE PIN IS ENTERED INCORRECTLY. THIS PROCEDURE IS FOR SECURITY MEASURES. KEEP YOUR PIN\nIN A SECRET PLACE. If you authorize us to issue a Card to anyone else for use through any electronic access device, you are authorizing that\nindividual to withdraw funds from any account which can be accessed by that card, regardless of whether that individual is authorized to withdraw\nmoney from the account by any other means.\n31. FEES AND CHARGES. You agree to pay the various fees and charges related to this Agreement and included in the Fee Schedule that is\naccessible to members upon request. You agree to pay any related charges that are imposed as a result of your use of the MasterCard Credit Card or\nan ATM. Current fees associated with the MasterCard Credit Card include:\n\xe2\x80\xa2\nLate Payment: If the required minimum payment due under this Agreement is not received by the 1st day of the month after the month in\nwhich the payment is due, your account may be charged, and you agree to pay, a LATE CHARGE of up to $35.00 (the actual fee may be\nlower). No further late charges will be imposed after this Agreement has become due and payable in full due to default as specified in the\nsection of the Agreement entitled \xe2\x80\x9cDefault.\xe2\x80\x9d The charge shall be treated as a purchase on your monthly statement.\n\xe2\x80\xa2\nReturned Checks: If a check or share draft used to make a payment on your account is returned unpaid, your account may be charged,\nand you agree to pay, a RETURNED CHECK CHARGE of $12.00. The charge shall be treated as a purchase on your monthly\nstatement.\n\xe2\x80\xa2\nReturned Electronic Funds Transfer Payments: If an electronic funds transfer used to make a payment on your account is returned\nunpaid, your account may be charged, and you agree to pay, a RETURNED ELECTRONIC FUNDS TRANSFER CHARGE of $12.00.\n\xe2\x80\xa2\nDraft Copy: Your account may be charged, and you agree to pay, $6.00 for each copy of a sales draft and $5.00 for each copy of a\nstatement that you request (except when such request is made in connection with a billing error).\n\xe2\x80\xa2\nReplacement Card: Your account may be charged, and you agree to pay a fee of $5.00 for replacement of Card(s).\n\xe2\x80\xa2\nPIN Replacement: Your account may be charged, and you agree to pay, a fee of $2.00 for each new or replacement PIN you request.\n\xe2\x80\xa2\nATM Fees: Your account may be charged, and you agree to pay, any ATM fees, including surcharges or other fees imposed by a\nfinancial institution or network for transactions at ATMs.\n\xe2\x80\xa2\nInternational Transaction Fee: Your account may be charged, and you agree to pay, a Cross Border Fee of .9% of the transaction and a\nCurrency Conversion Fee of .2% of the transaction. These fees may be assessed on all international purchases, credit vouchers, and cash\ndisbursements.\n32. LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. We will not be liable for transactions that are not completed if any of the\nfollowing circumstances apply:\n\xe2\x80\xa2\nThrough no fault of ours, you do not have sufficient funds available in your credit line;\n\xe2\x80\xa2\nThe transaction would cause you to exceed your credit limit;\n\xe2\x80\xa2\nThe ATM where you are requesting a cash advance does not have enough cash;\n\xe2\x80\xa2\nThe terminal or system was not working properly and you knew of the malfunction at the time you initiated the transactions;\n\xe2\x80\xa2\nCircumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions we have taken;\n\xe2\x80\xa2\nYour Card is retained by the ATM;\n\xe2\x80\xa2\nYour Card or PIN has been reported lost or stolen and your account has been blocked or frozen;\n\xe2\x80\xa2\nYour account is in default;\n\xe2\x80\xa2\nYou/anyone authorized by you to conduct a transaction commits fraud or violates any laws or regulations; or\n\xe2\x80\xa2\nYou fail to follow the instructions on the screen or terminal.\n33. LIABILITY FOR UNAUTHORIZED USE. You may be liable for the unauthorized use of your credit card. You will not be liable for\nunauthorized use that occurs after you notify Community Financial at the address or telephone number set forth below. You must notify us orally or\nin writing of the loss, theft, or possible unauthorized use. In any case, your liability will not exceed $50.00. Notify us at:\nCommunity Financial\nP.O. Box 8050\nPlymouth, Michigan 48170\n\n\x0c(734) 453-1200 or (877) 937-2328\n34. LIMITATIONS OF RESPONSIBILITY. We will not be responsible for merchandise or services purchased by you with the Card. We are not\nliable for the refusal or inability of merchants, financial institutions and others to accept your card(s) or electronic terminals to honor them or\ncomplete a transaction, or for their retention of the Card(s).\n35.\n\nBUSINESS DAY. Our business days are Monday through Friday. Saturdays, Sundays and federal holidays are excluded.\n\n36. GOVERNING LAW. The Agreement and your Account and any claim, dispute, or controversy arising from or relating to this Agreement or\nyour Account, whether based on contract, tort, fraud, and other intentional torts, statute, common law and/or equity, are governed by and construed in\naccordance with the laws of the State of Michigan (without regard to its conflicts of laws principles or rules) and applicable federal laws. The\nlegality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and received under this Agreement will be\ngoverned by such laws. This Agreement is entered into between you and us in the State of Michigan, and we make credit decisions under this\nAgreement from the State of Michigan. You further consent to the jurisdiction and venue of the State or Federal Courts having jurisdiction over the\nCity of Plymouth, Wayne County, Michigan.\n37. ASSIGNMENT. We may sell, assign or transfer all or any portion of your Account, or any balance due under your Account, without prior\nnotice to you. You may not sell, assign or transfer your Account or any obligations under this Agreement.\n38. LOST/STOLEN CARDS. You agree to notify us immediately upon discovering that your Card has been lost or stolen by calling us at (734)\n453-1200 or (877) 937-2328.\n39. INFORMATION ABOUT YOU AND YOUR ACCOUNT. We will not disclose your non-public personal information to unaffiliated third\nparties except as otherwise permitted or authorized by law. Please refer to our Privacy Policy Notice for a full explanation of how we protect your\ninformation. You may obtain a copy of our Privacy Policy Notice by calling us at (734) 453-1200 or (877) 937-2328.\n40. BENEFITS AND PROGRAMS. We may offer additional services to your Accounts or special programs related to you being a Cardholder,\nsuch as travel accident insurances, at no additional cost to you. You understand and agree that we are not obligated to offer such services or programs\nand may withdraw or change them at any time.\n41. SEVERABILITY. If any provision of this Agreement is determined to be void or unenforceable under applicable law, regulation, or rule, all\nother provisions of this Agreement shall be valid and enforceable.\n42. ENTIRE AGREEMENT / EFFECT OF AGREEMENT. This Agreement, together with any application you signed or otherwise submitted in\nconnection with the Account, and any mailer/document sent to you with your Card (all of which are hereby incorporated by reference in this\nAgreement), constitutes the entire agreement between you and us relating to your Account, supercedes any other prior or contemporaneous\nagreement between you and us relating to your Account, and applies to every transaction relating to the Account even though a sales or cash advance\ndraft you sign or a credit slip may contain different terms. This Agreement may not be amended except in accordance with the provisions of this\nAgreement. You further acknowledge receipt of a copy of this Agreement.\n43. CREDIT UNION MEMBERSHIP. Membership in the Credit Union is required to obtain credit with the Credit Union MasterCard Card. If\nyou cease to be a member of the Credit Union you may no longer obtain credit under your Account.The following is important information regarding\nyour right to dispute billing errors.\n\n\x0cYour Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair\nCredit Billing Act.\n\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at:\nCommunity Financial\n500 S. Harvey\nPlymouth, MI 48170\nIn your letter, give us the following information:\n\xe2\x97\x8f Account information: Your name and account number.\n\xe2\x97\x8f Dollar amount: The dollar amount of the suspected error.\n\xe2\x97\x8f Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a\nmistake.\nYou must contact us:\n\xe2\x97\x8f Within 60 days after the error appeared on your statement.\n\xe2\x97\x8f At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you\nmay have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected\nthe error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x97\x8f We cannot try to collect the amount in question, or report you as delinquent on that amount.\n\xe2\x97\x8f The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xe2\x97\x8f While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xe2\x97\x8f We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xe2\x97\x8f If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\n\xe2\x97\x8f If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will\nsend you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the\namount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do\nso, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we\nreported you as delinquent, and we must let those organizations know when the matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Credit Card Purchases\nIf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the\nproblem with the merchant, you may have the right not to pay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must\nhave been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if\nwe own the company that sold you the goods or services.)\n2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses\nyour credit card account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing [or electronically] at:\nCommunity Financial\n500 S. Harvey\nPlymouth, MI 48170\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our\ndecision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.\n\nRevised April, 2017\n\n\x0c'


b'RETAIL CHARGE AGREEMENT/ SECURITY AGREEMENT\nE-FL03-R\n\nPreferred Credit, Inc. \xe2\x80\x93 628 Roosevelt Road, St. Cloud, MN 56301 ZIP Line: 877-878-1079 Customer Service: 800-972-0825\n\nAPPLICATION\nNOTICE: IF YOU ARE MARRIED, YOU MAY APPLY FOR CREDIT SEPARATELY AS AN INDIVIDUAL.\n\nPCIConsumerAccountNo.\n\nPCIClientNo.\n\nAPPLICANT \xe2\x80\x93 Individual, relying on your own income, unless Co-Applicant section completed\n\nIDENTIFICATION VERIFICATION: [INSERT METHOD]\nLastName\n\nFirstName\n\nMiddleInit.\n\nDateofBirth\n\nSocialSecurity#\n\nHomePhone#\n\nCellPhone#\n\nPhysicalAddress\n\nMonthlyGrossIncome-Alimony, child support and maintenance payments need not be disclosed if you do not wish us to consider\n\nthem in determining your credit worthiness.\n\nEmailAddress\n\n$\n\nCO-APPLICANT \xe2\x80\x93 Joint, with another person\n\nCO-APPLICANT INFORMATION:\nIDENTIFICATION VERIFICATION:\nLastName\n\nFirstName\n\nMiddleInit.\n\nDateofBirth\n\nSocialSecurity#\n\nE-FL03-R\nHomePhone#\n\nCellPhone#\n\nPhysicalAddress\n\nMonthlyGrossIncome-Alimony, child support and maintenance payments need not be disclosed if you do not wish us to consider\n\nthem in determining your credit worthiness.\n\nEmailAddress\n\n$\n\nBy signing below you (a) apply for credit (joint credit if Applicant and Co-Applicant sign); (b) agree that, to the best of your knowledge, all information contained in the application above is complete\nand accurate; (c) recognize that we may obtain consumer reports on you in connection with your application and may obtain and use subsequent reports in connection with an update, renewal or\nextension of credit for which you may apply, and other uses not prohibited by law; (d) expressly authorize any third party (i.e. creditor, bank, or financial institution, employer, landlord, etc.) to release\nwhatever information that we may request concerning you; (e) agree that we may monitor and record telephone calls regarding your account for quality assurance and for other reasons not\nprohibited by law; (f) expressly consent and agree to us using written, electronic or verbal means to contact you as not otherwise prohibited by law including, but not limited to, contact by manual\ncalling methods, prerecorded or artificial voice messages, text messages, emails, and/or automatic dialing systems and do so using any email address, or telephone number you provide, now or\nin the future, including a number for a mobile phone or other wireless device regardless of whether you may incur charges as a result; (g) acknowledge that the terms and conditions of this\nAgreement are subject to credit approval; (h) acknowledge that Interest Charges will be imposed in amounts or rates not in excess of those permitted by law; (i) grant us a purchase money\nsecurity interest in any goods you purchase under this Agreement which are described in any order, invoice or similar document issued by the Seller (as provided below) which becomes part of\nthis Agreement; (j) acknowledge that this instrument is not negotiable; and (k) acknowledge that you are receiving the Retail Charge Agreement: Additional Terms and Disclosures. The Additional\nTerms and Disclosures are in effect on the date of execution and incorporated herein.\n\nNotice to the Buyer\na. Do not sign this before you read it or if it contains any blank spaces.\nb. You are entitled to an exact copy of the paper you sign.\n\nYour signature(s) below mean that\n(a) you have read and understand the terms and conditions as set forth\non all 4 pages of this Agreement;\n(b) you agree to the terms of this Agreement; and\nYour signatures below mean that you have received a completely filled in copy of this Agreement. Keep (c) you will pay any advances made under this Agreement according to\nthis Agreement to protect your legal rights.\nits terms.\n\nX\n\nApplicant/Buyer\xe2\x80\x99sSignature\n\nX\n\nCo-Applicant/Co-Buyer\xe2\x80\x99sSignature\nSELLER:\nCompanyName:\n\nSALE:\nConsultant:\n\nDate\n\nX\n\nDate\n\nX\n\nApplicant/Buyer\xe2\x80\x99sSignature\n\nSeller\xe2\x80\x99sInitials:\n\nCo-Applicant/Co-Buyer\xe2\x80\x99sSignature\nPROMOTIONALCREDITPLAN(ifapplicable):\n\nAddress:\n\nFlorida documentary stamp tax required by law in the amount of $0.35 for every $100 or fraction thereof of the indebtedness has been paid or will be paid directly to the\nDepartment of Revenue. Certificate of Registration No. 78-8013652822-2 (for Agreements Assigned to Preferred Credit, Inc.). (Fla. Admin. Code \xc2\xa712B-4.001(2)(g) & Fla. Stat. Ann. \xc2\xa7\n201.08).\nTHIS DOCUMENT IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF US BANK NATIONAL ASSOCIATION.\nREVISED 10-1-2019\n\xc2\xa9 1990-2020 Preferred Credit, Inc. ALL RIGHTS RESERVED. Duplication of this document without the copyright owner\xe2\x80\x99s prior written consent is strictly prohibited.\n\nE-FL03-R\nPage 1 of 4\n\n\x0cRETAIL CHARGE AGREEMENT: ADDITIONAL TERMS AND DISCLOSURES\nIMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding of terrorism and money laundering activities, Federal\nlaw requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for\nyour name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver\'s license or other identifying documents.\n\nInterest Rates and Interest Charges\n\nAnnual Percentage Rate (APR) for\nPurchases\nHow to Avoid Paying Interest\nMinimum Interest Charge\nFor Credit Card Tips from the Consumer\nFinancial Protection Bureau\n\nFees\n\n18%.\n\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you\npay your entire balance by the due date each month.\nIf you are charged interest, the charge will be no less than $1.00.\nTo learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial\nProtection Bureau at http://www.consumerfinance.gov/learnmore.\n\nTransaction Fees\nNone.\nPenalty Fees\n\xef\x82\xb7 Late Payment\n$10.\n\xef\x82\xb7 Return Payment\n$25.\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9cdaily balance (including new purchases).\xe2\x80\x9d\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.\n1. Definitions: In this Retail Charge Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d): The word \xe2\x80\x9cAccount\xe2\x80\x9d refers to the account that is established with the Seller, and their successors or assigns, that is the subject of this\nAgreement. The words \xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d refer to each individual who signs the Application for the Account, and who is authorized to use the Account. The words \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cus\xe2\x80\x9d and \xe2\x80\x9cour\xe2\x80\x9d refer to the Seller,\nand any assignee of the Seller. The words \xe2\x80\x9cAcceptable Documentation\xe2\x80\x9d shall refer to Charge Slips, phone orders, or orders from our website, so long as such orders are signed (physically or\nelectronically) or otherwise verbally or electronically authenticated. The words "Applicable Law" shall mean federal law and the laws of the state of Florida. You and we agree that these Applicable\nLaws apply to this Agreement. The words \xe2\x80\x9cCharge Slip\xe2\x80\x9d refer to the document describing the type, quantity and agreed price of merchandise you buy from the Seller.\n2. Account: This Agreement applies to your retail charge purchase of goods and services from us. The amount of your initial purchase from Seller will govern the amount of the initial credit limit on\nyour Account, which will be set at a higher amount than the cost of the goods purchased based on our expectation that you will use the Account to make additional purchases. You may make addon purchases from the Seller or Seller\'s assigns which will be evidenced by Acceptable Documentation. Acceptable Documentation must provide the cash price of the merchandise purchased. By\nsigning future Acceptable Documentation you agree those purchases thereby confirmed will be subject to this Agreement. You agree that add-on orders which exceed the credit limit established with\nyour initial order are subject to credit approval. We reserve the right to deny authorization for any requested credit limit increase.\n3. Promise to Pay: In return for extending credit to you on this Account from time to time, each of you agrees to pay for all purchases any of you charge on this Account, and all other charges\nmentioned below, according to the terms of this Agreement. When you sign the Application for this Account, you will be agreeing to the terms and conditions in this Agreement, which include the cost\nof credit disclosures required by Applicable Law. This Agreement will not be effective until we approve your Application, and we or our assignee provides any disclosures required by the federal Truth\nin Lending Act, and then, after that, only if you or someone authorized by you sign a Charge Slip or otherwise charge a purchase to this Account and we extend credit for that purchase.\n4. Billing: You will be billed monthly for credit purchases from us, as shown on a Charge Slip signed by you (or completed at your direction), and for any previous unpaid balance as required by\nApplicable Law. You will receive a monthly periodic statement of account for any month in which you have an outstanding balance of more than $1.00 or on which an Interest Charge has been\nimposed. Your monthly periodic statement of account will show your new unpaid balance, any new purchases you have made since your last monthly periodic statement of account, and your\nMinimum Monthly Payment. Your credit limit will also be shown on your monthly periodic statement of account.\n5. Payment: You have the right to pay your entire balance in full or more than the Minimum Monthly Payment at any time. Otherwise, you agree to pay at least the Minimum Monthly\nPayment, which includes Interest Charges. You must make payment in U.S. Dollars, with a draft, money order, or check drawn on a U.S. Bank or the U.S. Post Office. We may accept late payment,\npartial payments, or any payments marked "payment in full," without losing any of our rights under this Agreement or Applicable Law.\n6. Interest Charges: Unless you are offered a Promotional Credit Plan as described below, and as not prohibited by Applicable Law, Interest Charges will begin to accrue upon delivery of the\nmerchandise you purchase. Delivery occurs upon the earlier of the date of shipment of the merchandise, or the date of hand delivery of the merchandise. No Interest Charges will be imposed on new\npurchases, however, if: (a) there was no outstanding balance under your Account at the beginning of the billing period in which the purchase was made (which includes the period in which you make\nyour initial purchase of merchandise under this Agreement), and (b) you pay off your Account in full by the payment due date reflected in the monthly periodic statement of account for that billing period\n(though no payment may be due). We figure the Interest Charge on your Account by applying the daily periodic rate to the \xe2\x80\x9cdaily balance\xe2\x80\x9d of your account for each day in the billing cycle. To determine\nthe daily balance, we take the beginning balance each day, add any new charges posted that day, and subtract any payments and credits posted that day. This gives us the daily balance. Then, we\ncalculate the amount of interest charged by multiplying the applicable daily periodic rate by each daily balance on your account. Your Interest Charge for the billing cycle is the sum of the interest\namounts that were charged each day during the billing cycle. Your daily periodic rate and the corresponding Annual Percentage Rate are indicated in the chart below. The daily periodic rate will be\nthe annual rate divided by 365 (366 in a leap year).\nApplicable\nDaily\nCorresponding\nBy your initial(s) below, you hereby\nLaw\nPeriodic Rate\nANNUAL PERCENTAGE RATE acknowledge Interest Charges will be\nimposed in amounts or rates not to\nexceed those in the chart to the left.\nFL\n0.0493%\n18%\n________________ _______________\nBuyer\n\nCo-Buyer\n\nNotwithstanding the above, if we receive payment in full of the outstanding balance of your Account, as shown on the billing statement, within 25 days after the end of that billing period, we will not\nimpose Interest Charges for the current billing period.\n7. Minimum Monthly Interest Charge: As not prohibited by Applicable Law, if the Interest Charge that results from the application of the above stated daily periodic rate (the "Calculated Interest\nCharge"), is less than $1.00, we will impose a minimum monthly INTEREST CHARGE of $1.00.\n8. Minimum Monthly Payment: You will make payments of at least the total Minimum Monthly Payment each month as required by our monthly periodic statements of account. Your total Minimum\nMonthly Payment will consist of: (1) any past due amounts, and (2) a regularly scheduled Minimum Monthly Payment. The regularly scheduled Minimum Monthly Payment will be the greater of: (a)\n$25; or (b) the highest regularly scheduled Minimum Monthly Payment shown on any Charge Slip you execute, not to exceed 3.5% of the Account balance immediately following the first or any\nsubsequent purchase on your Account.\n9. Promotional Credit Plans: In addition to purchases that accrue Interest Charges and require monthly payments as described previously in this Agreement, as part of this Account, Promotional\nCredit Plans may be offered from time to time on specific additional purchases for qualified buyers. Purchases made under these Promotional Credit Plans may have different interest charge\ncalculations and required minimum payments. A Promotional Credit Plan is strictly limited by its terms and the terms and conditions of the special promotion to which it relates. In addition, the benefits\nof a Promotional Credit Plan will expire and all accrued Interest Charges in these plans will be added to your Account if you fail to pay the promotional balance by the end of the promotional period or\nyou are in default for a period of 60 or more days during the promotional period. The special promotions that may be offered include:\n9.a. Same as Cash Plan: If you pay the full purchase price before the expiration date of a Same as Cash Plan, as indicated on your monthly periodic statement of account, and pay the Minimum\nMonthly Payment each billing period when due, no Interest Charges will be imposed on the purchase. If such payments are not made, Interest Charges from the date of delivery will be added to your\nAccount either when you fail to make a payment within 60 days of the due date or, at the end of the Same as Cash Plan period if any portion of the promotional balance remains outstanding.\n9.a.1 How Payments Are Applied When Same as Cash Plan Is In Effect: Unless otherwise required by Applicable Law, during the two billing cycles immediately preceding expiration of the Same\nas Cash Plan period, any amount paid in excess of the minimum payment due will be allocated first to the balance subject to the Same as Cash Plan and any remaining portion to any other balances.\nWe may offer Same as Cash Plan periods of 6 months, 9 months, 12 months or of different lengths that we will announce from time to time.\nPage 2 of 4\n\n\x0c10. Application of Payments: Unless otherwise required by Applicable Law, payments except down payments, shall be applied first to past due Minimum Monthly Payments, beginning with the\noldest, then to the current Minimum Monthly Payment, and then to other unpaid late fees, costs and fees arising under this Agreement.\n11. Other Charges:\n11.a. Late Fees: You will pay the maximum late fee allowed (which you agree we will add to the balance due on your Account) for payments not made on time, calculated as Applicable Law allows.\nThe statutory time period for imposition of a Late Fee is 10 days after the due date (\xe2\x80\x9cDue Date\xe2\x80\x99) for each payment not received on the scheduled Due Date. Currently, the maximum late fee allowed\nis $10. Notwithstanding the preceding provisions, you will not be charged more than the amount of the required minimum periodic payment due immediately prior to the assessment of the late\npayment fee.\n11.b. Returned Check Charge: You will pay a returned check charge (which you agree we will add to the balance due on your Account) if any check, negotiable order of withdrawal, share draft, or\nitem you give us for payment under the Agreement is dishonored for any reason by the bank or other institution on which it is drawn. We will impose the maximum returned check charge as Applicable\nLaw allows. Currently, that amount is $25. Notwithstanding the preceding provisions, you will not be charged more than the amount of the required minimum periodic payment due immediately prior\nto the date on which the payment is returned or otherwise dishonored.\n11.c. Phone Payment Processing Fee: You will pay the current phone payment processing fee (which you agree we will add to the balance due on your Account) for each expedited payment you\nmake by phone. The current phone payment processing fee is $11.75.\n12. Security Agreement: You grant us a purchase money security interest in each household good purchased with this Account (\xe2\x80\x9cGoods\xe2\x80\x9d) to the full extent not prohibited by Applicable Law (including\nthe Uniform Commercial Code which may require that we sign, file or record one or more UCC financing statements, fixture filings or other documents to perfect or otherwise protect this security\ninterest which may require that we sign, file or record one or more UCC financing statements, fixture filings or other documents to perfect or otherwise protect this security interest). You will, on request,\ntake all reasonable actions requested by us to preserve and protect the Goods and our security interest in the Goods. You also agree to take all reasonable actions requested by us to establish,\ndetermine the priority of, perfect, continue the perfection of, terminate or enforce our security interest in the Goods and our rights under this Agreement. In addition to other rights we may have under\nthis Agreement, if you do not make payments as agreed, this security interest allows us to take actions not prohibited by Applicable Law governing security interests in the Goods. You also agree to\nkeep the Goods installed at the address you provided in your credit application and to not remove or alter the Goods without our prior written consent. You may lose the Goods if you do not meet your\nobligations to us under this Agreement.\n13. Default: If you fail to make any payment when due, or if the prospect of your payment, performance, or our realization of collateral is significantly impaired, to the extent not prohibited by Applicable\nLaw, and subject to any notice of default and opportunity to cure required by Applicable Law, we may declare the full remaining balance immediately due and payable. We may also repossess any\narticle of merchandise in which we retain a security interest if we do so peacefully and the law allows it. Notwithstanding the preceding provisions, in the event of a late payment or nonpayment, we\nwill not declare the full remaining balance immediately due and payable or repossess any article of merchandise if, within the applicable grace period identified in Paragraph 11 above, we receive\npayment together with any late fees. If you fail to pay within the applicable grace period, we may, at our option, declare the full remaining balance immediately due and payable, to the extent permitted\nby Applicable Law. Unless we are required by Applicable Law to provide you a notice of default and a right to cure, you agree that we do not have to give you notice that we intend to demand or are\ndemanding immediate payment of all you owe. If the Account is referred to an attorney who is not our salaried employee and we bring suit against you to collect the amount you owe and we are the\nprevailing party, you agree to pay our reasonable attorneys\xe2\x80\x99 fees and court costs as not prohibited by Applicable Law. You also agree to pay our collection costs and costs incurred in taking the\ncollateral, holding it, preparing it for sale, and selling it, as not prohibited by Applicable Law.\n14. Canceling or Reducing Your Credit Limit: We have the right at any time to limit or terminate the use of your Account and raise or lower your credit limit without giving you advance notice. Some\npurchases will require prior authorization, in which case you may be asked to provide identification. If our authorizations system is unavailable, we may not be able to authorize a transaction, even if\nyou have sufficient credit. We will not be liable to you if this happens. We are not responsible for the refusal of anyone to accept or honor an addition to this Account. In addition, even if you cancel the\nuse of your Account, you are still responsible for any Account balances incurred by an authorized user that remain unpaid.\n15. Change in Terms: You agree that we may amend the terms of this Agreement, subject to any notice required by Applicable Law. To the extent not prohibited by Applicable Law, any new terms\nmay be applied to any balance existing on the Account at the time of the change, as well as subsequent transactions.\n16. No Verbal or Oral Modifications: You agree that we are not bound by any verbal or oral agreements or verbal or oral modifications to this Agreement.\n17. Delay in Taking Action: We will not lose any of our rights under this Agreement if we delay taking action for any reason. To the extent not prohibited by Applicable Law, we may take other action\nnot described in this Agreement, and by doing so will not lose our rights under this Agreement.\n18. Severability: To the extent not prohibited by Applicable Law, if any provision of this Agreement is found to be unenforceable, all other provisions shall remain in full force and effect.\n19. Applicable Law: The law that applies to this Agreement is defined in this Agreement at paragraph 1. Definitions.\n20. Telephone Recording: You understand and agree that for our mutual protection, we may electronically record any of your telephone conversations conducted with Seller or Seller\'s assigns,\nincluding Preferred Credit, Inc. (PCI), without further notice to the parties to such conversations. These telephone conversations include all conversations between you and Seller or Seller\'s assigns\ncommunicated via traditional telephone wire and wireless devices such as cordless and cellular phones. You acknowledge and consent to the retention of and use of such recordings by Seller or\nSeller\'s assigns, their employees, representatives and agents of all information and data obtained in any recorded conversation for purposes of settling disputes as well as for ongoing quality assurance\nprograms.\n21. Communications: You expressly authorize us or our agents to contact you at any phone number (including mobile, cellular/wireless, or similar devices), fax number, or email address, you\nprovide at any time, for any lawful purpose. The ways in which we may contact you include live operator, automatic telephone dialing systems (auto-dialer), prerecorded message, text message, fax,\nor email. Such lawful purposes include, but are not limited to: obtaining information; account transactions or servicing-related matters; suspected fraud or identity theft; collection on the Account; and\nproviding information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or\nfrom any such number, or email address, without reimbursement from us.\n22. Credit Investigation and Reporting: You agree that we may investigate your credit in connection with the initial extension, review, or collection of your Account. You agree that we may examine\nemployment and income records, verify your credit references, and report to credit reporting agencies, merchants, and other creditors the status and payment history of your Account. A negative\ncredit report may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.\nARBITRATION PROVISION\nThis Arbitration Provision significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully before you sign it.\n1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.\n2. IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL.\n3. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU\nMAY HAVE AGAINST US.\n4. THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT.\n5. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.\n6. EVEN IF A DISPUTE IS ARBITRATED, WE CAN STILL REPOSSESS YOUR MERCHANDISE IF YOU DO NOT HONOR YOUR AGREEMENT AND YOU OR WE MAY SEEK\nPROVISIONAL REMEDIES FROM A COURT.\nAny claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents,\nsuccessors or assigns, which arises out of or relates in any manner to the purchase and financing of the merchandise under the Agreement or any resulting transaction or relationship (including any\nsuch relationship with third parties who do not sign the Agreement) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court\naction. Any claim or dispute is to be arbitrated on an individual basis and not as a class action, and you expressly waive any right you may have to arbitrate a class action (this is called the\n"class action waiver"). You may choose the applicable rules of either the American Arbitration Association (1-800-778-7879), JAMS (800-352-5267) or any other nationally recognized arbitration\norganization, subject to our approval, and if the arbitration organization selected by you is unwilling to serve, we shall select the arbitration organization. We waive the right to require you to arbitrate\nan individual (as opposed to a class) claim if the amount you seek to recover, including attorneys\' fees and expenses, is less than $7,500 or the maximum jurisdiction the venue of a state court\nproviding for the resolution of small claims. You may obtain a copy of the rules of these organizations by calling the numbers indicated or by visiting their web sites.\nThe arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules. The arbitration award shall be in writing, but without a supporting opinion. The\narbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay one half of any arbitration filing fee. We will pay the rest of the filing fee, and\nthe whole filing fee if we demand arbitration first or if the arbitrator determines that applicable law requires us to do so or that you are unable to do so or that we must do so in order for this Arbitration\nProvision to be enforceable. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. We will also pay any fees and charges that the arbitrator\ndetermines that we must pay in order to assure that this Arbitration Provision is enforceable. The arbitrator shall decide who shall pay any additional costs and fees.\nPage 3 of 4\n\n\x0cThe arbitrator\'s award shall be final and binding on all parties, except in the event where either there is a \xe2\x80\x9ctake nothing\xe2\x80\x9d award or the award is in excess of $100,000 either party may request a new\narbitration under the rules of the arbitration organization by a three-arbitrator panel.\nThis Arbitration Provision relates to a contract that evidences a transaction involving interstate commerce. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration\nAct (9 U.S.C. \xc2\xa7\xc2\xa7 1 et seq.). If a court should determine that the transaction did not involve interstate commerce, the parties agree that this Arbitration Provision shall be governed by state law.\nIf any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. This Arbitration Provision shall\nsurvive the termination of any contractual agreement between you and us, whether by default or repayment in full.\nYou may elect to opt-out of the arbitration provision only by notifying us in writing at Preferred Credit, Inc., 628 Roosevelt Road, St. Cloud, MN 56301 within 30 days from the date in which you\nsigned this Agreement, and including in the notice your name, address and account number and a clear statement that you do not wish to resolve disputes through arbitration. No one else may\nsign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this\nAgreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for this Agreement. Rejection of arbitration for this Agreement will not constitute rejection of any prior\nor future arbitration provision between you and us.\nYour Billing Rights. Keep This Notice For Future Use. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.\nWhat To Do If You Find A Mistake On Your Statement\nIf you think there is an error on your statement, write to us at: Preferred Credit, Inc., 628 Roosevelt Road, St. Cloud, MN 56301.\nIn your letter, give us the following information:\n\xef\x82\xb7 Account information: Your name and account number.\n\xef\x82\xb7 Dollar amount: The dollar amount of the suspected error.\n\xef\x82\xb7 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xef\x82\xb7 Within 60 days after the error appeared on your statement.\n\xef\x82\xb7 At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.\nWhat Will Happen After We Receive Your Letter\nWhen we receive your letter, we must do two things:\n1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.\n2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xef\x82\xb7 We cannot try to collect the amount in question, or report you as delinquent on the amount.\n\xef\x82\xb7 The charge in question may remain on your statement, and we may continue to charge you interest on that amount.\n\xef\x82\xb7 While you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\xef\x82\xb7 We can apply any unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n\xef\x82\xb7 If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.\n\xef\x82\xb7 If we do not believe there was a mistake: You will have to pay the amount in question, along with the applicable interest and fees. We will send you a statement of the amount you owe\nand the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also\nreporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been\nsettled between us.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.\nYour Rights If You Are Dissatisfied With Your Account Purchases:\nIf you are dissatisfied with the goods or services that you have purchased with your Account and you have tried in good faith to correct the problem with the merchant, you may have the right not to\npay the remaining amount due on the purchase.\nTo use this right, all of the following must be true:\n1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of\nthese are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)\n2. You must have used your Account for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your account do not qualify.\n3. You must not yet have fully paid for the purchase.\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Preferred Credit, Inc., 628 Roosevelt Road, St. Cloud, MN 56301.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and\nyou do not pay, we may report you as delinquent.\nNOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE\nSELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT\nEXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\nASSIGNMENT \xe2\x80\x93 OFFICE USE ONLY\n\nAssignment by Seller: For Value Received: Seller sells and assigns this Retail Charge Agreement (the \xe2\x80\x9cAgreement\xe2\x80\x9d) to Preferred Credit, Inc., 628 Roosevelt Road, St. Cloud, MN 56301, the\nassignee, its successors and assigns, including all of Seller\xe2\x80\x99s rights, title, and interest in this Agreement. Assignee has full power to take all legal and other actions, which Seller could have taken\nunder this Agreement. The undersigned acknowledges that this Assignment incorporates by reference the terms of the Finance Agreement between the undersigned and Preferred Credit, Inc.\nincluding but not limited to the representations, warranties, liabilities, conditions and obligations of the undersigned contained therein.\n\n(Corporate, Firm or Trade Name of Seller)\n\nX\n\n(Owner, Officer or Firm Member)\n\nREVISED 08-01-2020\n\xc2\xa9 1990-2020 Preferred Credit, Inc. ALL RIGHTS RESERVED. Duplication of this document without the copyright owner\xe2\x80\x99s prior written consent is strictly prohibited.\n\nE-FL03-R\n\nPage 4 of 4\n\n\x0c'