b'CREDIT CARD AGREEMENT & DISCLOSURE STATEMENT\nThis Agreement applies to the VISA and/or MasterCard credit Card and Credit Devices issued to you by\nTIB The Independent BankersBank, N.A., Georgia Branch, although the name on your Card may be that\nof a different financial institution. Any Card or Credit Device issued to you by us remains our property\nand must be returned to us or to anyone we designate, upon request. Retaining, signing or using, or\npermitting others to use, the Card or Credit Device shall constitute the equivalent of signing this\nAgreement and such retaining, signing or using means you agree to be bound by the terms of this\nAgreement. The Application you submitted for the Account is hereby incorporated into and made a part\nof this Agreement. This Agreement begins on the earlier of (i) the date you sign or otherwise submit an\nApplication that is approved by us or (ii) the first date you or someone authorized by you uses the\nAccount in a transaction that we approve (in NY, the first date you or someone authorized by you signs\na sales slip or memorandum or the first date that another document is issued to you or someone\nauthorized by you as evidence of a transaction on the Account that we approve).\nDefinitions. In addition to other terms that may be defined in this Agreement, the following terms when\nused in this Agreement have the following definitions:\n1.\n\n2.\n\n"Account" means the open-end revolving credit account established pursuant to your Application\nand this Agreement to which charges are posted based on use of a Card, information from a Card,\nCredit Device, or any other device or procedure by which the Account may be accessed in the\nfuture.\n"Agreement" means this Credit Card Agreement plus the Disclosure Statement, which is\ncontained in the same envelope as, and folded together with, this Credit Card Agreement and\nwhich provides information on the periodic rate, the Annual Percentage Rate, the Interest Charge\nand balance on which it is determined, any Other Charges, cash advance fees, balance transfer\nfees, and any grace period applicable to the Account. The Disclosure Statement is incorporated\nherein by reference as if repeated verbatim herein. If any provision of this Credit Card Agreement\nis inconsistent with any provision of the Disclosure Statement, the provision of the Disclosure\nStatement controls.\n\n3.\n\n"Application" means the application for credit you completed and returned to the Sponsoring\nBank to request that we extend credit to you under the Account.\n\n4.\n\n"Authorized User" means any person you permit to use the Account or who has apparent\nauthority to use the Account.\n\n5.\n\n"Card" means the VISA and/or MasterCard credit card(s) issued to you by us, and any future\ncredit card(s) issued to you in connection with the Account. If you applied for more than one\ntype of Card, this Agreement is a separate Agreement for each Card.\n\n6.\n\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means the amount requested by you and advanced to you by any method\napproved by us according to the terms of this Agreement in cash or cash equivalent items\n(including, but not limited to, money orders, travelers checks, lottery tickets, casino chips,\nvouchers redeemable for cash, or racetrack wagers).\n\n7.\n\n"Credit Device" means any device such as a blank check, payee-designated check, "convenience"\nor "special" check, blank draft or other order, or any other device or item which may, at our\ndiscretion and pursuant to procedures we may adopt from time to time, be issued by us to you to\naccess the Account.\n\n8.\n\n"Credit Limit" means the total dollar amount of the Account which we approved and which you\nmay borrow against according to the terms of this Agreement.\n\n9.\n\n"Index" means the Prime Rate (the base rate on corporate loans posted by at least 70% of the 10\nlargest U.S. banks) published in the Wall Street Journal on the 25th day of each month or the\nbusiness day preceding the 25th day if that day falls on a weekend or a holiday recognized by the\nBoard of Governors of the Federal Reserve System. Changes in the Index will take effect\nbeginning with the first billing cycle in the month following a change in the Index. Increases or\ndecreases in the Index will cause the APR and periodic rate to fluctuate, resulting in increased or\ndecreased Interest Charges on the Account.\n\n10.\n\n\xe2\x80\x9cOther Charges\xe2\x80\x9d means the charges listed in the section of this Agreement with such caption.\n\n11.\n\n"We," "us," and "our" mean TIB The Independent BankersBank, N.A., Georgia Branch, 1550 N.\nBrown Road, Suite 150, Lawrenceville, Georgia 30043.\n\n12.\n\n"You" and "your" refer to each person who signed an application for the Account, each person\nwho signs or uses the Card or a Credit Device, and any Authorized User.\n\nPurchases, Cash Advances and Balance Transfers. You request and authorize us to extend credit to\nyou under the Account as follows: (1) goods and services may be purchased or leased by use of the\nCard from any seller or vendor who honors the Card ("Purchases"); (2) "Cash Advances" may be\nobtained (a) when you complete a written request on a form furnished to you by us or any other financial\ninstitution we approve; (b) using the Card at any automatic teller machine which accepts the Card; or (c)\nusing a Credit Device to pay for Purchases or, when allowed, to receive cash. (3) \xe2\x80\x9cBalance Transfers\xe2\x80\x9d\nmay be obtained when you complete a request. We are not responsible for any person or entity refusing\nto accept the Card or any Credit Device for Purchases or Cash Advances.\nPromise to Pay. You promise to pay us for all Purchases made by you and for all Cash Advances and\nBalance Transfers received by you except as limited in this Agreement regarding your liability for\nunauthorized use of a Card or Credit Device. You shall be jointly and severally liable for all amounts\ndue from you under this Agreement for Purchases, Cash Advances, Balance Transfers, Interest Charges,\nand Other Charges.\nSpecial Checks. If Special Checks are issued from time to time for use with your Account, you may\nobtain what is deemed to be a Cash Advance under the Account by writing a check. Each Special Check\nmust be in a form we have issued to you and must be imprinted with your name and the Account\nnumber. Special Checks may be used only by a person whose name is printed on the Check and must be\ncompleted and signed in the same way as a regular personal check. You agree not to use your Special\nChecks to purchase or carry securities or to pay amounts you owe us under this Agreement. We are not\nobligated to pay a Special Check (a) if your resulting Account balance would exceed the Credit Limit,\n(b) if the Check is dated more than 6 months before it was presented to us for payment, (c) if a Special\nCheck or Card has been reported lost or stolen, (d) if you are in default under this Agreement or a loan\n\nG-17499\n\nagreement with another lender, (e) if you or we have terminated your ability to receive further credit\nunder this Agreement, (f) if you are insolvent, or (g) if your Card has expired. The amount of each\nSpecial Check paid by us, even if we are not obligated to pay it, will be a Cash Advance. Checks paid by\nus will not be returned to you with your monthly billing statement, but information about them will\nappear on such statement. You agree you will promptly review your monthly billing statement to\ndiscover any unauthorized or altered Special Checks. You cannot put a stop-payment order on a Special\nCheck.\nRefunds and Adjustments. Any refund, adjustment, or credit allowed by any seller or other person or\nentity shall not be by cash but rather by a credit to the Account appearing on your monthly billing\nstatement.\nMonthly Billing Statements. Each month we will send you a monthly billing statement reflecting all\nPurchases, Cash Advances, Balance Transfers, Interest Charges and Other Charges pursuant to this\nAgreement for the prior monthly period. Such statements shall be deemed correct and accepted by you\nunless you notify us to the contrary in writing within 60 days of our mailing such statement to you.\nPayments on the Account. Your payment under the Account must be made on or before the "Payment\nDue Date" reflected on your monthly billing statement. Your payment must be either the full amount\nbilled or, at your option, an installment equal to at least the required "Minimum Payment Due" stated on\nthe billing statement. The minimum payment will equal the "New Balance" shown on your statement if\nthat amount is less than $15. If the New Balance exceeds $15, the minimum payment will equal the\ngreater of 3% of the New Balance or $15, plus the entire portion of the New Balance in excess of your\nCredit Limit, plus any amount past due.\nPayments must be made in U.S. dollars drawn on a U.S. bank. Transactions in foreign currencies will be\nconverted to U.S. dollars at the exchange rate used at the time of the conversion. The conversion may\noccur after the transaction date and the conversion rate may differ from the rate of exchange in effect at\nthe time of the transaction. You agree to pay the converted amount to us in U.S. dollars, plus any charge\nfor the conversion or processing that may be imposed.\nAll payments on the account must be made at the address shown on your monthly billing statement and\nare considered to have been made on the date received at that address. If payment is made at any\nlocation other than the designated address, credit for such payment may be delayed for up to 5 days. As\nallowed by law, we may accept payments marked "payment in full" (or words of similar intent) without\nlosing any of our rights to collect the full balance due under the Account and this Agreement. We will\napply your payments to the unpaid balance of the Account in the order and manner we decide, in our\nsole discretion.\nPayment Holidays. At our option we may permit you from time to time to skip making the Minimum\nPayment Due for a specified billing cycle (referred to as a "payment holiday"). Even if you accept such\na payment holiday, we will continue to assess Interest Charges on the unpaid balance of the Account as\ndisclosed in the Insert. Any payment holiday we permit will not affect the terms of this Agreement. The\nterms of this Agreement remain in force regardless of whether you accept a payment holiday.\nCredit Limit. You agree not to use or permit others to use the Card, information from the Card, or a\nCredit Device if such use would cause the balance of the Account to exceed the Credit Limit we set from\ntime to time. The initial Credit Limit for the Account is shown on the material accompanying the Card\nbefore the Account is used and will also be disclosed on each monthly billing statement for the Account.\nWe may, at our option, extend credit under the Account which exceeds the Credit Limit. If we do so,\nyou may be charged an over-the-limit fee for exceeding the Credit Limit as provided in this Agreement\nand you agree to immediately pay the excess which we advanced to you over either of the applicable\nlimits. We are not obligated to allow any Purchase or Cash Advance which will exceed your Credit\nLimit, and if we do, we are not obligated to do so at a later time. You agree we may change your Credit\nLimit or cancel the Account if you exceed the Credit Limit.\nTransactions Made in Foreign Currencies. If a transaction is made in a foreign currency, we and\nMasterCard International or VISA International, depending on which card is used, will convert the\ntransaction into a U.S. dollar amount. MasterCard and VISA will act in accordance with their operating\nregulations or conversion procedures in effect at the time the transaction is processed. Currently, their\nregulations and procedures provide that the currency conversion rate they use, to determine the\ntransaction amount in U.S. dollar, is either (a) a wholesale market rate, or (b) a government-mandated\nrate in effect one day prior to the processing date. MasterCard and VISA increase this conversion rate by\none percent (1%) and keep this increase as compensation for performing the currency conversion\nservice. We will charge you one percent (1%) of the U.S. dollar amount of the transaction converted\nfrom a foreign currency. The currency conversion rate calculated in this manner that is in effect on the\nprocessing date may differ from the rate in effect on the transaction date or posting date.\nOther Charges. You agree we may assess, in addition to the Interest Charge, the Other Charges below\nwhich charges will be earned when assessed and are not subject to refund or rebate. The following fees\nmay be added, as applicable, to the Account and treated as a Purchase as indicated on the Insert:\n1.\n\nAnnual Fee. A non-refundable annual membership fee may be charged to the Account during the\nmonth following issuance or re-issuance of the Card and will be posted annually on the\nanniversary date of the opening of the Account. The annual membership fee is not refundable\neven if the Account is closed for any reason by either you or us, and the fee is a condition of\nmaintaining the Account whether or not you use the Account by making Purchases or receiving\nCash Advances.\n\n2.\n\nLate Fee. If the minimum required payment is not received by the Payment Due Date for that\nbilling cycle, we may assess a late charge on the Account. The late charge will be five percent\n(5%) of the past-due amount or $15, whichever is greater (maximum fee of $25). The $15 dollar\namount may increase each July 1st pursuant to the rule of the Administrator of the Georgia\nDepartment of Consumer Credit.\n\n3.\n\nReturned Payment Fee. We will charge you $10 for each return by a bank or other depository\ninstitution of a dishonored check, negotiable order of withdrawal or share draft issued by you to\nus in connection with the Account. This fee will be in addition to all other Interest Charges and\nOther Charges we may collect from you and is not subject to refund or rebate.\n\n4.\n\nPay-by-Phone. If you request an agent assisted payment be made to your Account through an\nelectronic funds transfer, you agree to pay a fee of $10 in addition to the amount of the payment.\n\n5.\n\nInternational Transactions Fee. One percent (1%) of the U.S. dollar amount of the transaction\nconverted from a foreign currency.\n\n\x0c6.\n\nSupplemental Convenience Requests. If you request supplemental copies of billing statements,\nyou will be charged $5 for each. We will not assess you this fee if you request a billing statement\nfor a billing error/inquiry that you may assert against us under applicable law. If you request\nexpedited delivery of a Card, you will be charged $25. If you make any other Supplemental\nConvenience Requests, you agree to pay our reasonable charges for such request in effect at that\ntime.\n\nLiability for Unauthorized Use. If any Card is lost or stolen or otherwise may be used without your\npermission (express or implied), you must immediately notify us orally or in writing at the following\nphone number or address: 1-800-367-7576 or at TIB The Independent BankersBank, N.A., P.O Box\n569120, Dallas, Texas 75356-9120. If unauthorized use of a Card occurs before you notify us of the\nloss, theft or unauthorized use, you may be liable up to a maximum amount of $50. If unauthorized use\nof a Credit Device occurs, you may be liable for all of the unauthorized use.\n\nTermination; Default. We may reduce the Credit Limit or terminate your ability to receive further\ncredit under this Agreement at any time without notice. You may terminate your ability to receive\nfurther credit under this Agreement by giving us notice of termination and returning to us all Cards and\nCredit Devices. Termination by you will be effective on the date we receive written notice from you\nalong with the Cards and Credit Devices (unless they are lost or stolen, in which case you agree to sign\nan affidavit to that effect and stating that no credit received after the date of loss or theft was authorized\nby you).\n\nState Law Disclosures. CA Residents: Interest is compounded on unpaid Interest Charges on Purchases,\nCash Advances and Balance Transfers. MD Residents: You have the right under Section 12-510\n\nYou will be in default under this Agreement if any of the following events occur: (1) you fail to make\nthe required payment when due; (2) you fail to perform or abide by any of your agreements or\nobligations under this Agreement or any other loan agreement you have with us; (3) you become\ninsolvent (meaning your liabilities exceed your assets or you are unable to pay your debts as they\nbecome due); (4) any action is taken by or against you under any bankruptcy or insolvency laws; (5) any\nattachment or garnishment proceedings are initiated against you; (6) you die or are declared\nincompetent; (7) we, in good faith, believe the prospect of your payment or performance under this\nAgreement is impaired; or (8) you fail or refuse to provide current financial information to us when we\nrequest it.\n\nof the Commercial Law Code to receive an answer to a written inquiry concerning the\nstatus of your Account. NJ Residents: Because certain provisions of this Agreement are subject to\napplicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these\nprovisions, however, is void, unenforceable or inapplicable in New Jersey.\n\nYOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you 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 BBCS, Attn: Dispute Department, 1550\nNorth Brown Road, Suite 150, Lawrenceville, GA 30043 as soon as possible.\n\nOn any termination or default, regardless of any unused credit you may have under the Account, all\namounts you owe under the Account and this Agreement will become immediately due and payable in\nfull. You must also return to us all Cards and Credit Devices issued to you in connection with the\nAccount. Termination or default shall not release you from any obligation you have incurred under this\nAgreement. After termination or default, your obligations and our rights under this Agreement shall\nremain effective until the entire outstanding balance of the Account is paid in full.\n\nIn your letter, give us the following information:\n\nAttorneys Fees and Costs. To the extent permitted by law, you agree to pay our attorneys fees and\nother costs we incur if you are in default and we hire an attorney who is not our salaried employee to\ncollect amounts you owe under the Account and this Agreement. Amounts you owe for attorneys\' fees\nwill be added to the outstanding balance of the Account as a Purchase whether or not your right to\nreceive credit has terminated or you are in default.\n\nYou must contact us within 60 days after the error appeared on your statement and at least 3 business\ndays before an automated payment is scheduled, if you want to stop payment on the amount you think is\nwrong.\n\nAmendment to this Agreement. This Agreement, and the terms of the Account, may be amended by us\nif we send you written notice of the amendment prior to its effective date as required by law. As of the\namendment\'s effective date, the change in terms will apply to the entire outstanding balance of the\nAccount as well as Purchases made, Cash Advances and Balance Transfers received after the effective\ndate of the amendment. If you do not agree to the amendment, your only option is termination under\nthis Agreement.\nVenue and Jurisdiction of Lawsuits. The parties agree, consent and contract that the venue and\njurisdiction of any lawsuit brought by TIB The Independent BankersBank, N.A. to enforce this\nagreement or collect any sum or sums of money due and owing under this agreement shall be in Dallas\nCounty, Texas or any county contiguous to Dallas County, Texas.\nThe parties further agree that any action or cross action brought by a cardholder against TIB The\nIndependent BankersBank, N.A. regarding this contractual agreement shall be brought in Dallas County,\nTexas or any county contiguous to Dallas County, Texas.\nGoverning Law; Severability. You agree that your obligations under this Agreement represented by\ncharges to the Account are contracted for and become binding when the sales drafts, credit card slips, or\nother Credit Devices are accepted by us and we cause the holders of the same to be paid. You agree that\nthese events occur in Georgia. This Agreement is subject to federal law and, to the extent not preempted\nby federal law, the laws of the State of Georgia (except to the extent that this Agreement can and does\nvary from such rules or laws), without regard to conflict of laws principals. If any provision of this\nAgreement conflicts with the law, you agree the provision will be viewed as if it was amended to comply\nwith the law. If that is not possible, then only the provision that conflicts with the law will be deleted.\nThe remaining provisions of this Agreement will remain effective.\nCredit Reports. You agree that we may obtain consumer credit reports from one or more credit\nreporting agencies or others in connection with opening or maintaining the Account, increasing the\nCredit Limit under the Account, or making any extension of credit to you under the Account. We may\nalso ask you for additional information in connection with the Account and request credit reports to\nverify your current credit standing. You agree that we may release information to others, such as credit\nreporting agencies, regarding the status and history of the Account. However, we are not obligated to\nrelease any such information unless required by law.\nWe may report information about your Account to credit bureaus. Late payments, missed payments, or\nother defaults on your Account may be reflected in your credit report. If you believe that we have\nfurnished any inaccurate information relating to your Account to any consumer-reporting agency, you\nmay notify us by phone or mail at 1-800-367-7576; Card Service Center, PO Box 569120, Dallas, TX\n75356. To help us respond to your notification, include your account number, Social Security Number,\nthe name of the consumer-reporting agency reflecting the inaccurate information, and an explanation of\nwhy you believe the information is inaccurate. You understand that you may also contact the appropriate\nconsumer-reporting agency directly at the appropriate address and toll-free number: Equifax, P.O. Box\n740241, Atlanta, GA 30374, 800.685.1111; Trans Union, P.O. Box 1000, Chester, PA 19022, 800-9168800; or Experian, P.O. Box 2002, Allen, TX 75013, 888.397.3742.\nChange in Marital Status. A change in marital status between any of you will not affect the individual\nliability of any of you under this Agreement. Your liability for debt incurred after a change in status\ndoes not end until all Cards and Credit Devices are returned to us, even if you give us notice of the\nchange in status and notice that further use by any person is unauthorized.\nNotices. Notices given under this Agreement or relating to the Account will be effective only if given in\nwriting to us at TIB The Independent BankersBank, N.A., P.O Box 569120, Dallas, Texas 75356-9120,\nand to you at your last address shown on our records. You agree to notify us immediately if your\naddress changes from that show on the application you submitted in connection with opening the\nAccount.\n\n* Account information: Your name and Account number.\n* Dollar amount: The dollar amount of the suspected error.\n* Description of problem: If you think there is an error on your bill, describe what you\nbelieve is wrong and why you believe it is a mistake.\n\nYou must notify us of any potential errors in writing. You may call us, but if you do we are not required\nto 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 you letter, we must do two things:\n1.\nWithin 30 days of receiving your letter, we must tell you that we received your letter. We\nwill also tell you if we have already corrected the error.\n2.\nWithin 90 days of receiving your letter, we must either correct the error or explain to you why\nwe believe the bill is correct.\nWhile we investigate whether or not there has been an error, we cannot try to collect the amount in\nquestion, or report you as delinquent on the amount. The charge in question may remain on your\nstatement, and we may continue to charge you interest on that amount. While you do not have to pay\nthe amount in question, you are responsible for the remainder of your balance. We can apply any\nunpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n1.\nIf we made a mistake: You will not have to pay the amount in question or any interest or\nother fees related to that amount.\n2.\nIf we do not believe there was a mistake: You will have to pay the amount in question, along\nwith applicable interest and fees. We will send you a statement of the amount you owe and\nthe date payment is due. We may then report you as delinquent if you do not pay the amount\nwe think you owe.\nIf you receive our explanation but still believe your bill is wrong, you must write to us within 10 days\ntelling 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\nyou as delinquent, and we must let those organizations know when the matter has been settled between\nus.\nIf we do not follow all of the rules above, you do not have to pay the first $50 of the amount you\nquestion 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\nhave tried in good faith to correct the problem with the merchant, you may have the right not to pay the\nremaining amount due on the purchase. To use this right, all of the following must be true:\n1.\n\n2.\n\n3.\n\nThe purchase must have been made in your home state or within 100 miles of your\ncurrent mailing address, and the purchase price must have been more than $50. (Note:\nNeither of these are necessary if your purchase was based on an advertisement we\nmailed to you, or if we own the company that sold you the goods or services.)\nYou must have used your credit card for the purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card account do not\nqualify.\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in\nwriting at BBCS, Attn: Dispute Department, 1550 North Brown Road, Suite 150, Lawrenceville,\nGA 30043.\nWhile we investigate, the same rules apply to the disputed amount as discussed above. After we\nfinish our investigation, we will tell you our decision. At that point, if we think you owe an\namount and you do not pay, we may report you as delinquent.\n\n\x0cDISCLOSURE STATEMENT\nThe Credit Card Agreement & this Disclosure Statement constitute the Agreement for the Account.\n\nPlatinum Cards\nAnnual\nPercentage Rate\n(APR) for\nPurchases\n\n4.25%\n\nAPR for Balance\nTransfers and\nCash Advances\n\n4.25%\n\nPaying Interest\n\nFor Credit Card\nTips from the\nConsumer\nFinancial\nProtection Bureau\nAnnual Fee\n\nThis APR will vary with the market based on\nthe Prime Rate. a\nThis APR will vary with the market based on\nthe Prime Rate. a\nYour due date is at least 25 days after the\nclose of each billing cycle. We will not\ncharge you any interest on purchases if you\npay your entire balance by the due date each\nmonth. We will begin charging interest on\ncash advances and balance transfers on the\ntransaction date.\nTo learn more about factors to consider when\napplying for or using a credit card, visit the\nwebsite of the Consumer Financial Protection\nBureau at\nhttp://www.consumerfinance.gov/learnmore/.\n\nNone\n\nTransaction Fees:\nInternational\nTransaction\n\n1% of each transaction in U.S. dollars.\n\nPenalty Fees:\nLate Payment\n\nEither $15 or 5% of the past-due amount,\nwhichever is greater (maximum fee of $25).\n\nReturned\nPayment\n\n$10\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance\n(including new purchases).\xe2\x80\x9d See your account agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise\nthose rights is provided in the account agreement that will be provided to you before you\nbegin using your new card.\nPrime Rate: The APR will vary based on changes in the Index, the Prime Rate (the base\nrate on corporate loans posted by at least 70% of the 10 largest U.S. banks) published in the\nWall Street Journal. The Index will be adjusted on the 25th day of each month or the\nbusiness day preceding the 25th day if that day falls on a weekend or a holiday recognized\nby the Board of Governors of the Federal Reserve System. Changes in the Index will take\neffect beginning with the first billing cycle in the month following a change in the Index.\nIncreases or decreases in the Index will cause the APR and periodic rate to fluctuate,\nresulting in increased or decreased Interest Charges on the Account. As of March 25,\n2020, the Index was 3.25%.\na\n\nWe add 1.00% to the Prime Rate to determine the APR for Purchases, Balance\nTransfers, and Cash Advances. The Account will never have an APR over 21%.\nHow Interest Charges are Determined & When They are Imposed\n\nInterest Charges on the Account will be figured on each monthly billing statement by\napplying the periodic rate to the total Balance Subject to Interest Charges. The periodic rate\nused to compute Interest Charges is disclosed above and is a monthly rate which, when\nmultiplied by 12, equals the APR disclosed above. If you obtain Cash Advances, Balance\nTransfers or elect to pay for Purchases in installments, each periodic statement will include\n\nan Interest Charge. There is no minimum Interest Charge. In connection with Cash\nAdvances and Balance Transfers, the first monthly billing statement after you receive a\nCash Advance or Balance Transfer will include an Interest Charge from the date the\ntransaction is posted to your Account. There is no period within which you may repay cash\nadvances or balance transfers in order to avoid an Interest Charge.\nInterest Charges will not be imposed on purchases posted to your account in certain\ncircumstances. For example, assuming that billing cycles begin on the first day and end on\nthe last day of each calendar month, and the month of June is the \xe2\x80\x9ccurrent\xe2\x80\x9d billing cycle: if\n(1) the purchase balance at the end of the preceding May billing cycle is paid in full by the\npayment due date (in June) for the May billing cycle and (2) the purchase balance at the\nend of the June billing cycle is paid in full by its payment due date (in July), no Interest\nCharges will be imposed on purchases posted to the account during June. However, if the\npurchase balance of the May billing cycle is not paid in full by its payment due date in\nJune, Interest Charges will be imposed on purchases posted to the account in June from the\ndate of such posting. If the June purchase balance is not paid in full by its payment due\ndate in July, Interest Charges will be imposed from the first day of the July billing cycle on,\nbut only on, the portion of June purchases not paid by the payment due date in July.\nAny portion of the New Balance appearing on a monthly billing statement (including Cash\nAdvances, Balance Transfers, Purchases, Interest Charge and Other Charges) which is not\npaid in full and credited to the Account by the \xe2\x80\x9cPayment Due Date\xe2\x80\x9d shown on that\nstatement becomes part of the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d on your next monthly billing statement.\nAll payments received by 5:00 p.m. during our normal business day at the address indicated\non the monthly billing statement will be credited to the Account as of the date of receipt of\npayment. If payment is made at any location other than such address, credit for the\npayment may be delayed up to 5 days.\nMethod of Computing Balance Subject to Interest Charge\nThe Balance Subject to an Interest Charge is the sum of the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d for\nPurchases and the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d for Cash Advances and Balance Transfers,\ncomputed as follows:\nThe Average Daily Balance for Purchases is computed by adding each day\xe2\x80\x99s ending\nbalance for the current billing cycle (less any Interest Charge included therein and\nexcluding any Cash Advances and Balance Transfers made during the current billing\ncycle), and dividing the total of such balances by the number of days in the billing cycle.\nSuch total will include Purchases and debit adjustments made during the current billing\ncycle only if you have not paid in full the New Balance figure from the previous statement\nas indicated by a \xe2\x80\x9cPayment\xe2\x80\x9d figure equal to or greater than the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d figure\nunder the Summary of Transactions on the statement for the current billing cycle.\nThe Average Daily Balance for Cash Advances and Balance Transfers is computed by\nadding each day\xe2\x80\x99s outstanding balance of Cash Advances and Balance Transfers charged to\nthe Account during the current billing cycle, and dividing the total of such balances by the\nnumber of days in the billing cycle.\nIf the Cash Advance and Balance Transfer portion of the New Balance and the Interest\nCharge applicable thereto are not paid in full and credited to the Account by the \xe2\x80\x9cPayment\nDue Date\xe2\x80\x9d shown on the first monthly billing statement to which the Cash Advance and\nBalance Transfer is billed, any balance remaining becomes a part of the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d\non Cardholder\xe2\x80\x99s next periodic statement and is computed as part of the Average Daily\nBalance for Purchases.\nArmed Forces Members and Dependents\nFederal law provides important protections to members of the Armed Forces and their\ndependents relating to extensions of consumer credit. In general, the cost of consumer\ncredit to a member of the Armed Forces and his or her dependent may not exceed an\nannual percentage rate of 36 percent. This rate must include, as applicable to the credit\ntransaction or account: The costs associated with credit insurance premiums; fees for\nancillary products sold in connection with the credit transaction; any application fee\ncharged (other than certain application fees for specified credit transactions or\naccounts); and any participation fee charged (other than certain participation fees for a\ncredit card account). To hear this same disclosure and for a general description of your\npayment obligations for this credit card account, please call us at 1-866-415-4842.\nIMPORTANT: The issuer and administrator of the credit card program is TIB\nThe Independent BankersBank, N.A. The information about the cost of the Card\ndescribed in this table is accurate as of April 1, 2020. This information may\nchange after that date. To find out what may have changed, call us at 800-3677576 or write TIB The Independent BankersBank, N.A., P.O. Box 569120, Dallas,\nTexas 75356-9120.\n3217 BP/EMP CD \xe2\x80\x93 AP Sys 4193 4974 8601 -Agent 6000 (Rev. 04/20)\n\n\x0c'


b'CREDIT CARD AGREEMENT & DISCLOSURE STATEMENT\nThis Agreement applies to the VISA and/or MasterCard credit Card and Credit Devices issued to\nyou by TIB The Independent BankersBank, N.A., Georgia Branch, although the name on your\nCard may be that of a different financial institution. Any Card or Credit Device issued to you by us\nremains our property and must be returned to us or to anyone we designate, upon request.\nRetaining, signing or using, or permitting others to use, the Card or Credit Device shall constitute\nthe equivalent of signing this Agreement and such retaining, signing or using means you agree to\nbe bound by the terms of this Agreement. The Application you submitted for the Account is hereby\nincorporated into and made a part of this Agreement. This Agreement begins on the earlier of (i)\nthe date you sign or otherwise submit an Application that is approved by us or (ii) the first date you\nor someone authorized by you uses the Account in a transaction that we approve (in NY, the first\ndate you or someone authorized by you signs a sales slip or memorandum or the first date that\nanother document is issued to you or someone authorized by you as evidence of a transaction on\nthe Account that we approve).\nDefinitions. In addition to other terms that may be defined in this Agreement, the following terms\nwhen used in this Agreement have the following definitions:\n1.\n\n"Account" means the open-end revolving credit account established pursuant to your\nApplication and this Agreement to which charges are posted based on use of a Card,\ninformation from a Card, Credit Device, or any other device or procedure by which the\nAccount may be accessed in the future.\n\n2.\n\n"Agreement" means this Credit Card Agreement plus the Disclosure Statement, which is\ncontained in the same envelope as, and folded together with, this Credit Card Agreement\nand which provides information on the periodic rate, the Annual Percentage Rate (APR), the\nInterest Charge and balance on which it is determined, any Other Charges, cash advance\nfees, balance transfer fees, and any grace period applicable to the Account. The Disclosure\nStatement is incorporated herein by reference as if repeated verbatim herein. If any\nprovision of this Credit Card Agreement is inconsistent with any provision of the Disclosure\nStatement, the provision of the Disclosure Statement controls.\n\n3.\n\n"Application" means the application for credit you completed and returned to the\nSponsoring Bank to request that we extend credit to you under the Account.\n\n4.\n\n"Authorized User" means any person you permit to use the Account or who has apparent\nauthority to use the Account.\n\n5.\n\n"Card" means the VISA and/or MasterCard credit card(s) issued to you by us, and any\nfuture credit card(s) issued to you in connection with the Account. If you applied for more\nthan one type of Card, this Agreement is a separate Agreement for each Card.\n\n6.\n\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means the amount requested by you and advanced to you by any method\napproved by us according to the terms of this Agreement in cash or cash equivalent items\n(including, but not limited to, money orders, travelers checks, lottery tickets, casino chips,\nvouchers redeemable for cash, or racetrack wagers).\n\n7.\n\n\xe2\x80\x9cCash Advance Limit\xe2\x80\x9d means (i) ten percent (10%) of the Credit Limit for business use\naccounts and (ii) 50 percent (50%) of the Credit Limit for consumer use accounts.\n\n8.\n\n"Credit Device" means any device such as a blank check, payee-designated check,\n"convenience" or "special" check, blank draft or other order, or any other device or item\nwhich may, at our discretion and pursuant to procedures we may adopt from time to time, be\nissued by us to you to access the Account.\n\n9.\n\n"Credit Limit" means the total dollar amount of the Account which we approved and which\nyou may borrow against according to the terms of this Agreement.\n\n10.\n\n"Index" means the Prime Rate (the base rate on corporate loans posted by at least 70% of the\n10 largest U.S. banks) published in the Wall Street Journal on the 25th day of each month or\nthe business day preceding the 25th day if that day falls on a weekend or a holiday\nrecognized by the Board of Governors of the Federal Reserve System. Changes in the Index\nwill take effect beginning with the first billing cycle in the month following a change in the\nIndex. Increases or decreases in the Index will cause the APR and periodic rate to fluctuate,\nresulting in increased or decreased Interest Charges on the Account.\n\n11.\n\n\xe2\x80\x9cOther Charges\xe2\x80\x9d means the charges listed in the section of this Agreement with such\ncaption.\n\n12.\n\n"We," "us," and "our" mean TIB The Independent BankersBank, N.A., Georgia Branch,\n1550 N. Brown Road, Suite 150, Lawrenceville, Georgia 30043.\n\n13.\n\n"You" and "your" refer to each person who signed an application for the Account, each\nperson who signs or uses the Card or a Credit Device, and any Authorized User.\n\nPurchases, Cash Advances and Balance Transfers; Cash Advance Limit. You request and\nauthorize us to extend credit to you under the Account as follows: (1) goods and services may be\npurchased or leased by use of the Card from any seller or vendor who honors the Card\n("Purchases"); (2) "Cash Advances" may be obtained up to, but not in excess of, the Cash Advance\nLimit (a) when you complete a written request on a form furnished to you by us or any other\nfinancial institution we approve; (b) using the Card at any automatic teller machine which accepts\nthe Card; or (c) using a Credit Device to pay for Purchases or, when allowed, to receive cash. (3)\n\xe2\x80\x9cBalance Transfers\xe2\x80\x9d may be obtained when you complete a request. We are not responsible for\nany person or entity refusing to accept the Card or any Credit Device for Purchases or Cash\nAdvances.\nPromise to Pay. You promise to pay us for all Purchases made by you and for all Cash Advances\nand Balance Transfers received by you except as limited in this Agreement regarding your liability\nfor unauthorized use of a Card or Credit Device. You shall be jointly and severally liable for all\namounts due from you under this Agreement for Purchases, Cash Advances, Balance Transfers,\nInterest Charges, and Other Charges.\nSpecial Checks. If Special Checks are issued from time to time for use with your Account, you\nmay obtain what is deemed to be a Cash Advance under the Account by writing a check. Each\nSpecial Check must be in a form we have issued to you and must be imprinted with your name and\nthe Account number. Special Checks may be used only by a person whose name is printed on the\nCheck and must be completed and signed in the same way as a regular personal check. You agree\nnot to use your Special Checks to purchase or carry securities or to pay amounts you owe us under\nthis Agreement. We are not obligated to pay a Special Check (a) if your resulting Account balance\nwould exceed the Credit Limit, (b) if the Check is dated more than 6 months before it was\npresented to us for payment, (c) if a Special Check or Card has been reported lost or stolen, (d) if\nyou are in default under this Agreement or a loan agreement with another lender, (e) if you or we\nhave terminated your ability to receive further credit under this Agreement, (f) if you are insolvent,\n\nG-17476\n\nor (g) if your Card has expired. The amount of each Special Check paid by us, even if we are not\nobligated to pay it, will be a Cash Advance. Checks paid by us will not be returned to you with\nyour monthly billing statement, but information about them will appear on such statement. You\nagree you will promptly review your monthly billing statement to discover any unauthorized or\naltered Special Checks. You cannot put a stop-payment order on a Special Check.\nRefunds and Adjustments. Any refund, adjustment, or credit allowed by any seller or other\nperson or entity shall not be by cash but rather by a credit to the Account appearing on your\nmonthly billing statement.\nMonthly Billing Statements. Each month we will send you a monthly billing statement reflecting\nall Purchases, Cash Advances, Balance Transfers, Interest Charges and Other Charges pursuant to\nthis Agreement for the prior monthly period. Such statements shall be deemed correct and\naccepted by you unless you notify us to the contrary in writing within 60 days of our mailing such\nstatement to you.\nPayments on the Account. Your payment under the Account must be made on or before the\n"Payment Due Date" reflected on your monthly billing statement. Your payment must be either the\nfull amount billed or, at your option, an installment equal to at least the required "Minimum\nPayment Due" stated on the billing statement. The minimum payment will equal the "New\nBalance" shown on your statement if that amount is less than $25. If the New Balance exceeds\n$25, the minimum payment will equal the greater of 3% of the New Balance or $25, plus the entire\nportion of the New Balance in excess of your Credit Limit, plus any amount past due.\nPayments must be made in U.S. dollars drawn on a U.S. bank. Transactions in foreign currencies\nwill be converted to U.S. dollars at the exchange rate used at the time of the conversion. The\nconversion may occur after the transaction date and the conversion rate may differ from the rate of\nexchange in effect at the time of the transaction. You agree to pay the converted amount to us in\nU.S. dollars, plus any charge for the conversion or processing that may be imposed.\nAll payments on the account must be made at the address shown on your monthly billing statement\nand are considered to have been made on the date received at that address. If payment is made at\nany location other than the designated address, credit for such payment may be delayed for up to 5\ndays. As allowed by law, we may accept payments marked "payment in full" (or words of similar\nintent) without losing any of our rights to collect the full balance due under the Account and this\nAgreement. We will apply your payments to the unpaid balance of the Account in the order and\nmanner we decide, in our sole discretion.\nLate Payments and Increase in Rate. If you allow your Account to become 60 days past due, we\nmay increase your APR on all balances to a higher rate equal to the Index plus a margin of 15.99%\nup to a maximum of 21%. This means if you fail to at least pay your required minimum monthly\npayment for the periods stated above, your APR may increase; however, if your Rate is increased,\nyour Account may become eligible for a lower APR if you make timely payments for three\nconsecutive months.\nPayment Holidays. At our option we may permit you from time to time to skip making the\nMinimum Payment Due for a specified billing cycle (referred to as a "payment holiday"). Even if\nyou accept such a payment holiday, we will continue to assess Interest Charges on the unpaid\nbalance of the Account as disclosed in the Insert. Any payment holiday we permit will not affect\nthe terms of this Agreement. The terms of this Agreement remain in force regardless of whether\nyou accept a payment holiday.\nCredit Limit; Cash Advance Limit. You agree not to use or permit others to use the Card,\ninformation from the Card, or a Credit Device if such use would cause either (i) the balance of the\nAccount to exceed the Credit Limit we set from time to time or (ii) the balance of the outstanding\nCash Advances to exceed the Cash Advance Limit applicable to such Credit Limit. The initial\nCredit Limit for the Account is shown on the material accompanying the Card before the Account\nis used and will also be disclosed on each monthly billing statement for the Account. We may, at\nour option, extend credit under the Account which exceeds the Credit Limit or the Cash Advance\nLimit. If we do, you agree to immediately pay the excess which we advanced to you over either of\nthe applicable limits. We are not obligated to allow any Purchase, Cash Advance or Balance\nTransfer which will exceed your Credit Limit or Cash Advance Limit, and if we do, we are not\nobligated to do so at a later time. You agree we may change your Credit Limit (which will\nautomatically also change your Cash Advance Limit) or cancel the Account if you exceed the\nCredit Limit or the Cash Advance Limit.\nTransactions Made in Foreign Currencies. If a transaction is made in a foreign currency, we\nand MasterCard International or VISA International, depending on which card is used, will convert\nthe transaction into a U.S. dollar amount. MasterCard and VISA will act in accordance with their\noperating regulations or conversion procedures in effect at the time the transaction is processed.\nCurrently, their regulations and procedures provide that the currency conversion rate they use, to\ndetermine the transaction amount in U.S. dollar, is either (a) a wholesale market rate, or (b) a\ngovernment-mandated rate in effect one day prior to the processing date. MasterCard and VISA\nincrease this conversion rate by one percent (1%) and keep this increase as compensation for\nperforming the currency conversion service. We will charge you two percent (2%) of the U.S.\ndollar amount of the transaction converted from a foreign currency. The currency conversion rate\ncalculated in this manner that is in effect on the processing date may differ from the rate in effect\non the transaction date or posting date.\nOther Charges. You agree we may assess, in addition to the Interest Charge, the Other Charges\nbelow which charges will be earned when assessed and are not subject to refund or rebate. The\nfollowing fees may be added, as applicable, to the Account and treated as a Purchase as indicated\non the Insert:\n1.\n\nAnnual Fee. A non-refundable annual membership fee may be charged to the Account\nduring the month following issuance or re-issuance of the Card and will be posted annually\non the anniversary date of the opening of the Account. The annual membership fee is not\nrefundable even if the Account is closed for any reason by either you or us, and the fee is a\ncondition of maintaining the Account whether or not you use the Account by making\nPurchases or receiving Cash Advances.\n\n2.\n\nLate Fee. If the minimum required payment is not received by the Payment Due Date for\nthat billing cycle, we may assess a $25 late charge on the Account.\n\n3.\n\nReturned Payment Fee. We will charge you $25 for each return by a bank or other\ndepository institution of a dishonored check, negotiable order of withdrawal or share draft\nissued by you to us in connection with the Account. This fee will be in addition to all other\nInterest Charges and Other Charges we may collect from you and is not subject to refund or\nrebate.\n\n4.\n\nCash Advance Fee. If you request a Cash Advance, in addition to the Interest Charge which\nwill accrue on the Cash Advance, you agree to pay a fee of three percent (3%) of the amount\nof the Cash Advance subject to a minimum fee of $10.00.\n\n\x0c5.\n\nBalance Transfer Fee. If you request a Balance Transfer, in addition to the Interest Charge\nwhich will accrue on the balance transfer, you agree to pay a fee of three percent (3%) of the\namount of the Balance Transfer subject to a minimum fee of $10.00\n\n6.\n\nPay-by-Phone. If you request an agent assisted payment be made to your Account through\nan electronic funds transfer, you agree to pay a fee of $10 in addition to the amount of the\npayment.\n\n7.\n\nInternational Transactions Fee. Two percent (2%) of the U.S. dollar amount of the\ntransaction converted from a foreign currency.\n\n8.\n\nSupplemental Convenience Requests If you request supplemental copies of billing\nstatements, you will be charged $5 for each. We will not assess you this fee if you request a\nbilling statement for a billing error/inquiry that you may assert against us under applicable\nlaw. If you request expedited delivery of a Card, you will be charged $25. If you make any\nother Supplemental Convenience Requests, you agree to pay our reasonable charges for\nsuch request in effect at that time.\n\nTermination; Default. We may reduce the Credit Limit or terminate your ability to receive\nfurther credit under this Agreement at any time without notice. You may terminate your ability to\nreceive further credit under this Agreement by giving us notice of termination and returning to us\nall Cards and Credit Devices. Termination by you will be effective on the date we receive written\nnotice from you along with the Cards and Credit Devices (unless they are lost or stolen, in which\ncase you agree to sign an affidavit to that effect and stating that no credit received after the date of\nloss or theft was authorized by you).\nYou will be in default under this Agreement if any of the following events occur: (1) you fail to\nmake the required payment when due; (2) you fail to perform or abide by any of your agreements\nor obligations under this Agreement or any other loan agreement you have with us; (3) you become\ninsolvent (meaning your liabilities exceed your assets or you are unable to pay your debts as they\nbecome due); (4) any action is taken by or against you under any bankruptcy or insolvency laws;\n(5) any attachment or garnishment proceedings are initiated against you; (6) you die or are declared\nincompetent; (7) we, in good faith, believe the prospect of your payment or performance under this\nAgreement is impaired; or (8) you fail or refuse to provide current financial information to us when\nwe request it.\nOn any termination or default, regardless of any unused credit you may have under the Account, all\namounts you owe under the Account and this Agreement will become immediately due and\npayable in full. You must also return to us all Cards and Credit Devices issued to you in\nconnection with the Account. Termination or default shall not release you from any obligation you\nhave incurred under this Agreement. After termination or default, your obligations and our rights\nunder this Agreement shall remain effective until the entire outstanding balance of the Account is\npaid in full.\nAttorneys Fees and Costs. To the extent permitted by law, you agree to pay our attorneys fees\nand other costs we incur if you are in default and we hire an attorney who is not our salaried\nemployee to collect amounts you owe under the Account and this Agreement. Amounts you owe\nfor attorneys\' fees will be added to the outstanding balance of the Account as a Purchase whether or\nnot your right to receive credit has terminated or you are in default.\nAmendment to this Agreement. This Agreement, and the terms of the Account, may be amended\nby us if we send you written notice of the amendment prior to its effective date as required by law.\nAs of the amendment\'s effective date, the change in terms will apply to the entire outstanding\nbalance of the Account as well as Purchases made and Cash Advances and Balance Transfers\nreceived after the effective date of the amendment. If you do not agree to the amendment, your\nonly option is termination under this Agreement.\nVenue and Jurisdiction of Lawsuits. The parties agree, consent and contract that the venue and\njurisdiction of any lawsuit brought by TIB The Independent BankersBank, N.A. to enforce this\nagreement or collect any sum or sums of money due and owing under this agreement shall be in\nDallas County, Texas or any county contiguous to Dallas County, Texas.\nThe parties further agree that any action or cross action brought by a cardholder against TIB The\nIndependent BankersBank, N.A. regarding this contractual agreement shall be brought in Dallas\nCounty, Texas or any county contiguous to Dallas County, Texas.\nGoverning Law; Severability. You agree that your obligations under this Agreement represented\nby charges to the Account are contracted for and become binding when the sales drafts, credit card\nslips, or other Credit Devices are accepted by us and we cause the holders of the same to be paid.\nYou agree that these events occur in Georgia. This Agreement is subject to federal law and, to the\nextent not preempted by federal law, the laws of the State of Georgia (except to the extent that this\nAgreement can and does vary from such rules or laws), without regard to conflict of laws\nprincipals. If any provision of this Agreement conflicts with the law, you agree the provision will\nbe viewed as if it was amended to comply with the law. If that is not possible, then only the\nprovision that conflicts with the law will be deleted. The remaining provisions of this Agreement\nwill remain effective.\nCredit Reports. You agree that we may obtain consumer credit reports from one or more credit\nreporting agencies or others in connection with opening or maintaining the Account, increasing the\nCredit Limit under the Account, or making any extension of credit to you under the Account. We\nmay also ask you for additional information in connection with the Account and request credit\nreports to verify your current credit standing. You agree that we may release information to others,\nsuch as credit reporting agencies, regarding the status and history of the Account. However, we are\nnot obligated to release any such information unless required by law.\nWe may report information about your Account to credit bureaus. Late payments, missed\npayments, or other defaults on your Account may be reflected in your credit report. If you believe\nthat we have furnished any inaccurate information relating to your Account to any consumerreporting agency, you may notify us by phone or mail at 1-800-367-7576; Card Service Center, PO\nBox 569120, Dallas, TX 75356. To help us respond to your notification, include your account\nnumber, Social Security Number, the name of the consumer-reporting agency reflecting the\ninaccurate information, and an explanation of why you believe the information is inaccurate. You\nunderstand that you may also contact the appropriate consumer-reporting agency directly at the\nappropriate address and toll-free number: Equifax, P.O. Box 740241, Atlanta, GA 30374,\n800.685.1111; Trans Union, P.O. Box 1000, Chester, PA 19022, 800-916-8800; or Experian, P.O.\nBox 2002, Allen, TX 75013, 888.397.3742.\n\nChange in Marital Status. A change in marital status between any of you will not affect the\nindividual liability of any of you under this Agreement. Your liability for debt incurred after a\nchange in status does not end until all Cards and Credit Devices are returned to us, even if you give\nus notice of the change in status and notice that further use by any person is unauthorized.\nNotices. Notices given under this Agreement or relating to the Account will be effective only if\ngiven in writing to us at TIB The Independent Bankers Bank, N.A., P.O Box 569120, Dallas, Texas\n75356-9120, and to you at your last address shown on our records. You agree to notify us\nimmediately if your address changes from that shown on the application you submitted in\nconnection with opening the Account.\nLiability for Unauthorized Use. If any Card is lost or stolen or otherwise may be used without\nyour permission (express or implied), you must immediately notify us orally or in writing at the\nfollowing phone number or address: 1-800-367-7576 or at TIB The Independent Bankers Bank,\nN.A., P.O Box 569120, Dallas, Texas 75356-9120. If unauthorized use of a Card occurs before\nyou notify us of the loss, theft or unauthorized use, you may be liable up to a maximum amount of\n$50. If unauthorized use of a Credit Device occurs, you may be liable for all of the unauthorized\nuse.\nState Law Disclosures. CA Residents: Interest is compounded on unpaid Interest Charges on\nPurchases, Cash Advances and Balance Transfers. MD Residents: You have the right under\nSection 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning\nthe status of your Account. NJ Residents: Because certain provisions of this Agreement are subject\nto applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of\nthese provisions, however, is void, unenforceable or inapplicable in New Jersey.\nYOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE\nThis notice tells you about your rights and our responsibilities under the Fair Credit Billing\nAct.\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 BBCS, Attn: Dispute Department,\n1550 North Brown Road, Suite 150, Lawrenceville, GA 30043 as soon as possible.\nIn your letter, give us the following information:\n* Account information: Your name and Account number.\n* Dollar amount: The dollar amount of the suspected error.\n* Description of problem: If you think there is an error on your bill, describe what\nyou believe is wrong and why you believe it is a mistake.\nYou must contact us within 60 days after the error appeared on your statement and at least 3\nbusiness days before an automated payment is scheduled, if you want to stop payment on the\namount 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\nrequired 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 you letter, we must do two things:\n1.\nWithin 30 days of receiving your letter, we must tell you that we received your letter.\nWe will also tell you if we have already corrected the error.\n2.\nWithin 90 days of receiving your letter, we must either correct the error or explain to you\nwhy we believe the bill is correct.\nWhile we investigate whether or not there has been an error, we cannot try to collect the amount in\nquestion, or report you as delinquent on the amount. The charge in question may remain on your\nstatement, and we may continue to charge you interest on that amount. While you do not have to\npay the amount in question, you are responsible for the remainder of your balance. We can apply\nany unpaid amount against your credit limit.\nAfter we finish our investigation, one of two things will happen:\n1.\nIf we made a mistake: You will not have to pay the amount in question or any interest or\nother fees related to that amount.\n2.\nIf we do not believe there was a mistake: You will have to pay the amount in question,\nalong with applicable interest and fees. We will send you a statement of the amount you\nowe and the date payment is due. We may then report you as delinquent if you do not\npay 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\ndays telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without\nalso reporting that you are questioning your bill. We must tell you the name of anyone to whom\nwe 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\nquestion 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,\nand you have tried in good faith to correct the problem with the merchant, you may have the right\nnot to pay the remaining amount due on the purchase. To use this right, all of the following must\nbe true:\n1.\n\n2.\n\n3.\n\nThe purchase must have been made in your home state or within 100 miles of\nyour current mailing address, and the purchase price must have been more than\n$50. (Note: Neither of these are necessary if your purchase was based on an\nadvertisement we mailed to you, or if we own the company that sold you the\ngoods or services.)\nYou must have used your credit card for the purchase. Purchases made with cash\nadvances from an ATM or with a check that accesses your credit card account do\nnot qualify.\nYou must not yet have fully paid for the purchase.\n\nIf all of the criteria above are met and you are still dissatisfied with the purchase, contact us\nin writing at BBCS, Attn: Dispute Department, 1550 North Brown Road, Suite 150,\nLawrenceville, GA 30043.\nWhile we investigate, the same rules apply to the disputed amount as discussed above.\nAfter we finish our investigation, we will tell you our decision. At that point, if we think\nyou owe an amount and you do not pay, we may report you as delinquent.\n\n\x0cDISCLOSURE STATEMENT\nThe Credit Card Agreement & this Disclosure Statement constitutes the Agreement for the Account.\nClassic & Premium Cards\nInterest Rates and Interest Charges\nAnnual Percentage Rate\n(APR) for Purchases\n\nAPR for Cash Advances\n\n11.00%\nThis APR will vary with the market based on the Prime Rate. a\n11.00%\nThis APR will vary with the market based on the Prime Rate. a\n13.00% - This APR will vary with the market based on the Prime Rate. b\n\nPenalty APR and When it\nApplies\n\nPaying Interest\nFor Credit Card Tips from\nthe Consumer Financial\nProtection Bureau\n\nThis APR may be applied if you allow your Account to become 60 days past due.\nHow Long Will the Penalty Apply? If your APR is increased for the reason stated above, the\nPenalty APR will apply until you make three consecutive minimum payments when due.\nYour due date is at least 25 days after the close of each billing cycle. We will not charge you\nany interest on purchases if you pay your entire balance by the due date each month. We will\nbegin charging interest on cash advances and balance transfers on the transaction date.\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\n\nNo Annual Fee with the exception of Preferred Points which is $35.\n\nTransaction Fees:\nBalance Transfer and\nCash Advance\n\nEither $10 or 3% of the amount of each balance transfer or cash advance, whichever is greater.\n\nInternational Transaction\n\n2% of each transaction in U.S. dollars.\n\nPenalty Fees:\nLate Payment\n\nUp to $25\n\nReturned Payment\n\nUp to $25\n\nHow We Will Calculate Your Balance: We use a method called \xe2\x80\x9caverage daily balance (including new purchases).\xe2\x80\x9d See\nyour account agreement for more details.\nBilling Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the account\nagreement that will be provided to you before you begin using your new card.\nPrime Rate: The APR will vary based on changes in the Index, the Prime Rate (the base rate on corporate loans posted by\nat least 70% of the 10 largest U.S. banks) published in the Wall Street Journal. The Index will be adjusted on the 25th day of\neach month or the business day preceding the 25th day if that day falls on a weekend or a holiday recognized by the Board of\nGovernors of the Federal Reserve System. Changes in the Index will take effect beginning with the first billing cycle in the\nmonth following a change in the Index. Increases or decreases in the Index will cause the APR and periodic rate to fluctuate,\nresulting in increased or decreased Interest Charges on the Account. As of September 25, 2019, the Index was 5.00%.\na\n\nWe add 6.00% to the Prime Rate to determine the APR for Purchases and Cash Advances. The Account will never have an\nAPR over 21%.\n\nb\n\nWe add 8.00% to the Prime Rate to determine the Penalty APR. The Account will never have an APR over 21%.\nThe issuer and administrator of the credit card program is TIB The Independent BankersBank, N.A. The information about\nthe cost of the Card described in this table is accurate as of October 1, 2019. This information may change after that date.\nTo find out what may have changed, call us at 800-367-7576 or write TIB The Independent BankersBank, N.A, P.O. Box\n569120, Dallas, Texas 75356-9120.\n\n\x0cHow Interest Charges are Determined & When They are Imposed\nInterest Charges on the Account will be figured on each monthly billing statement by applying the periodic rate to the total Balance\nSubject to Interest Charges. The periodic rate used to compute Interest Charges is disclosed above and is a monthly rate which, when\nmultiplied by 12, equals the APR disclosed above. If you obtain Cash Advances, Balance Transfers or elect to pay for Purchases in\ninstallments, each periodic statement will include an Interest Charge. There is no minimum Interest Charge. In connection with Cash\nAdvances and Balance Transfers, the first monthly billing statement after you receive a Cash Advance or Balance Transfer will\ninclude an Interest Charge from the date the transaction is posted to your Account. There is no period within which you may repay\ncash advances or balance transfers in order to avoid an Interest Charge.\nInterest Charges will not be imposed on purchases posted to your account in certain circumstances. For example, assuming that\nbilling cycles begin on the first day and end on the last day of each calendar month, and the month of June is the \xe2\x80\x9ccurrent\xe2\x80\x9d billing\ncycle: if (1) the purchase balance at the end of the preceding May billing cycle is paid in full by the payment due date (in June) for the\nMay billing cycle and (2) the purchase balance at the end of the June billing cycle is paid in full by its payment due date (in July), no\nInterest Charges will be imposed on purchases posted to the account during June. However, if the purchase balance of the May billing\ncycle is not paid in full by its payment due date in June, Interest Charges will be imposed on purchases posted to the account in June\nfrom the date of such posting. If the June purchase balance is not paid in full by its payment due date in July, Interest Charges will be\nimposed from the first day of the July billing cycle on, but only on, the portion of June purchases not paid by the payment due date in\nJuly.\nAny portion of the New Balance appearing on a monthly billing statement (including Cash Advances, Balance Transfers, Purchases,\nInterest Charge and Other Charges) which is not paid in full and credited to the Account by the \xe2\x80\x9cPayment Due Date\xe2\x80\x9d shown on that\nstatement becomes part of the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d on your next monthly billing statement.\nAll payments received by 5:00 p.m. during our normal business day at the address indicated on the monthly billing statement will be\ncredited to the Account as of the date of receipt of payment. If payment is made at any location other than such address, credit for the\npayment may be delayed up to 5 days.\nMethod of Computing Balance Subject to Interest Charge\nThe Balance Subject to an Interest Charge is the sum of the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d for Purchases and the \xe2\x80\x9cAverage Daily Balance\xe2\x80\x9d\nfor Cash Advances and Balance Transfers, computed as follows:\nThe Average Daily Balance for Purchases is computed by adding each day\xe2\x80\x99s ending balance for the current billing cycle (less any\nInterest Charge included therein and excluding any Cash Advances and Balance Transfers made during the current billing cycle), and\ndividing the total of such balances by the number of days in the billing cycle. Such total will include Purchases and debit adjustments\nmade during the current billing cycle only if you have not paid in full the New Balance figure from the previous statement as indicated\nby a \xe2\x80\x9cPayment\xe2\x80\x9d figure equal to or greater than the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d figure under the Summary of Transactions on the statement for\nthe current billing cycle.\nThe Average Daily Balance for Cash Advances and Balance Transfers is computed by adding each day\xe2\x80\x99s outstanding balance of Cash\nAdvances and Balance Transfers charged to the Account during the current billing cycle, and dividing the total of such balances by the\nnumber of days in the billing cycle.\nIf the Cash Advance and Balance Transfer portion of the New Balance and the Interest Charge applicable thereto are not paid in full\nand credited to the Account by the \xe2\x80\x9cPayment Due Date\xe2\x80\x9d shown on the first monthly billing statement to which the Cash Advance and\nBalance Transfer is billed, any balance remaining becomes a part of the \xe2\x80\x9cPrevious Balance\xe2\x80\x9d on Cardholder\xe2\x80\x99s next periodic statement\nand is computed as part of the Average Daily Balance for Purchases.\nArmed Forces Members and Dependents\nFederal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer\ncredit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual\npercentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with\ncredit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged\n(other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain\nparticipation fees for a credit card account). To hear this same disclosure and for a general description of your payment obligations for\nthis credit card account, please call us at 1-866-415-4842.\n\n0536 - 4193 4974 8189 8601 \xe2\x80\x93 536A/536B/536C/1003/F003 (Rev.10/19)\n\n\x0c'