b'9/11 G-13036\n\nAGREEMENT AND DISCLOSURE STATEMENT\nBusiness MasterCard\xc2\xae\n\nMUTUAL OF OMAHA BANK ATIRACREDIT BUSINESS\nMASTERCARD AGREEMENT AND DISCLOSURE STATEMENT\n\nIn this Agreement, please remember that \xe2\x80\x9cwe,\xe2\x80\x9d \xe2\x80\x9cour,\xe2\x80\x9d and \xe2\x80\x9cus\xe2\x80\x9d\nmean TMG Financial Services, the issuer of this account; and\n\xe2\x80\x9cyou\xe2\x80\x9d and \xe2\x80\x9cyour\xe2\x80\x9d mean the Cardmember.\nThis Agreement sets out your responsibilities and obligations,\nthose of each Cardmember and Guarantor, and our\nresponsibilities and obligations with respect to the Cards, the\nAccounts and all Debt charged to each Account.\n\nACCEPTANCE OF AGREEMENT\n\nAny one or more of the following acts or actions shall signify that\nyou have read and understand, and that each Cardmember and\nGuarantor has read and understands the terms and conditions of\nthis Agreement, and shall constitute your agreement, as well as\nthe agreement of each Cardmember and each Guarantor, to be\nfully bound by the terms and conditions of this Agreement:\n(i) the acceptance by you or any Cardmember of a Card; (ii) the\nuse of any Card or Account by you or any Cardmember; or (iii)\nthe accessing of any Card or Account by you or any Cardmember.\n\nNOTICE TO CARDMEMBERS\n\nEach Cardmember shall be individually liable for the payment\nof, and shall pay on our demand all Debt which may be owing\nfrom time to time from or on account of any and all use by a\nCardmember, or anyone who has actual, implied or apparent\nauthority, of any usage which is not authorized under this\nAgreement (i.e., a use not primarily for or incidental to your\nbusiness). The liability of the Cardmember shall be in addition to\nand not in lieu of your liability and the liability of each Guarantor,\nwhich liability shall continue for any and all uses as provided in\nthis Agreement.\n\nTERMS AND CONDITIONS\n\n1. What the Words Mean.\nIn this Agreement, please remember that:\n\n\xe2\x80\x9cAccount\xe2\x80\x9d means the ATIRAcredit Business MasterCard account\nwe have opened in a Cardmember\xe2\x80\x99s name to which Debt is or\nwill be charged;\n\n\xe2\x80\x9cAgreement\xe2\x80\x9d means this ATIRAcredit Business MasterCard\nAgreement and Disclosure Statement, together with (i) your\napplication given to us when you applied for the Cards, Accounts,\nyour welcome letter, and this ATIRAcredit Business MasterCard\nAgreement and Disclosure Statement, and (ii) all supplements,\naddenda, amendments, modifications, changes, renewals,\nextensions, substitutions, and replacements to this ATIRAcredit\nBusiness MasterCard Agreement and Disclosure Statement;\n\xe2\x80\x9cApplication\xe2\x80\x9d shall have the meaning given to such term in\nSection 34 below and the Application shall be and the same is\none of our \xe2\x80\x9crecords\xe2\x80\x9d as such term is used in the definition of\n\xe2\x80\x9cCardmember\xe2\x80\x9d and the definition of \xe2\x80\x9cGuarantor\xe2\x80\x9d;\n\xe2\x80\x9cAuthorized Person\xe2\x80\x9d means any Person you have designated\nas being authorized to ask us to open an Account and issue a\nCard to a Cardmember under this Agreement and to perform\nadministrative duties for you under this Agreement;\n\xe2\x80\x9cBalance Transfers\xe2\x80\x9d means the transfer of outstanding balances\nby a Cardmember to the Cardmember\xe2\x80\x99s Account from credit\naccounts issued by Persons other than us or any of our affiliates;\n\xe2\x80\x9cCard\xe2\x80\x9d means any MasterCard Business credit card we issue to\na Cardmember on an Account in the Cardmember\xe2\x80\x99s name at the\nrequest of an Authorized Person under this Agreement, and all\nrenewals of and replacements for that credit card;\n\xe2\x80\x9cCardmember\xe2\x80\x9d means an individual for whom we have opened\nan Account and to whom we have issued a Card on that Account\nat the request of an Authorized Person under this Agreement;\n\xe2\x80\x9cCash Advance\xe2\x80\x9d means an advance of cash that is charged\nto a Cardmember\xe2\x80\x99s Account with or in connection with the\nCardmember\xe2\x80\x99s Card (or any other eligible Account access\ncard we have issued to the Cardmember), including, without\nlimitation, cash-like transactions, which are transactions similar\nto cash, e.g., money orders, wire transfers, travelers\xe2\x80\x99 cheques,\nConvenience Checks and gaming transactions (including betting,\noff-track betting, race track wagers, casino gaming chips, and\nlottery tickets);\n\n\xe2\x80\x9cAccount Statement\xe2\x80\x9d means our written statement of the\nAccount that we prepare for a Cardmember about every three\n(3) or four (4) weeks;\n\n\xe2\x80\x9cConsolidated Pay Account\xe2\x80\x9d means an account where one\nmonthly statement is provided to the guarantor listing the\ntransactions made and payments due for all authorized\nusers on the account;\n\n\xe2\x80\x9cAggregate Credit Limit\xe2\x80\x9d means the maximum aggregate\namount of Debt that can remain outstanding and unpaid at any\ntime in the Accounts of all Cardmembers under this Agreement;\n\n\xe2\x80\x9cConvenience Checks\xe2\x80\x9d means drafts that look like other checks,\nbut are drawn on credit available in a Cardmember\xe2\x80\x99s Account;\n\n\x0c\xe2\x80\x9cCredit Limit\xe2\x80\x9d means the maximum amount of Debt that can\nremain outstanding and unpaid at any time in a Cardmember\xe2\x80\x99s\nAccount under this Agreement;\n\nmunicipality entities and other organizations, including\npublic and quasi-public bodies, as well as individuals (i.e.,\nnatural persons);\n\n\xe2\x80\x9cDebt\xe2\x80\x9d means all amounts charged to a Cardmember\xe2\x80\x99s Account\nfrom time to time and at any time with or in connection with\nthe Cardmember\xe2\x80\x99s Card, including Purchases, Cash Advances,\nBalance Transfers, Convenience Checks, Finance Charges , annual\nfees, transaction fees, late fees, attorneys\xe2\x80\x99 fees, and other fees\nor charges;\n\n\xe2\x80\x9cPersonal Identification Number\xe2\x80\x9d means the personal\nidentification number that a Cardmember has selected in our\nprescribed manner;\n\n\xe2\x80\x9cDue Date\xe2\x80\x9d means the date indicated as such on an Account\nStatement;\n\xe2\x80\x9cGuarantor\xe2\x80\x9d means the Person, if any, identified in our records\nas the Person who has guaranteed payment of all Debt charged\nto each Account, or whom we consider as being the Person who\nhas guaranteed such payment, and with respect to our records\nregarding the identity of such Person or our understanding\nregarding such identity, our records or understanding shall\nbe conclusive; and if there is more than one Person who has\nguaranteed payment of all Debt, such Persons shall be jointly\nand severally liable to us for all Debt.\n\xe2\x80\x9cIndividual Pay Account\xe2\x80\x9d means an account where each\nCardmember on the account receives a monthly statement listing\nonly that Cardmember\xe2\x80\x99s transactions made and payment due;\n\xe2\x80\x9cCardmember\xe2\x80\x9d means the Person identified in our records as\nthe Person who is primarily liable for the payment of all Debt\ncharged to each Account, or whom we consider as being the\nPerson primarily liable, and with respect to our records regarding\nthe identity of such Person or our understanding regarding\nsuch identity, our records or understanding shall be conclusive;\nand if there is more than one Person who is primarily liable for\nthe payment of all Debt charged to each Account, or whom we\nconsider as being the Person primarily liable, such Persons shall\nbe jointly and severally liable to us for all Debt.\n\xe2\x80\x9cMinimum Payment\xe2\x80\x9d means the amount indicated as such on an\nAccount Statement, which will be the greater of $40 or 2% of the\ntotal outstanding balance, unless the New Balance is less than\n$40 in which case the Minimum Payment will be the amount of\nthe New Balance;\n\xe2\x80\x9cNew Balance\xe2\x80\x9d means the amount indicated as such on an\nAccount Statement;\n\xe2\x80\x9cPeriodic Rate\xe2\x80\x9d means the percentage of Finance Charge that is\napplied to the average daily balance of Cash Advances, Balance\nTransfers, and Purchases for a period. A \xe2\x80\x9cmonthly\xe2\x80\x9d Periodic\nRate is used in this Agreement. The monthly Periodic Rate will\nbe equal to 1/12th of its corresponding ANNUAL PERCENTAGE\nRATE and the monthly Periodic Rate will vary when the ANNUAL\nPERCENTAGE RATE varies.\n\xe2\x80\x9cPerson\xe2\x80\x9d means firms, companies, associations, general\npartnerships, limited partnerships, limited liability partnerships,\nlimited liability limited partnerships, limited liability companies,\ntrusts, business trusts, corporations, not-for-profit organizations,\n\n\xe2\x80\x9cPurchase\xe2\x80\x9d means a purchase of goods or services (or both) that\nis charged to a Cardmember\xe2\x80\x99s Account with or in connection\nwith the Cardmember\xe2\x80\x99s Card;\n\xe2\x80\x9cStatement Date\xe2\x80\x9d means the date indicated as such on a\nAccount Statement; and\n\xe2\x80\x9cUnauthorized Use\xe2\x80\x9d means the use of a Card or a Convenience\nCheck by a Person, other than a Cardmember, who does not\nhave actual, implied, or apparent authority for such use, and\nfrom which neither you nor a Cardmember receives any benefit.\nUnauthorized Use does not include or mean the use of a Card by\nyou or any Person who has an ownership interest in you, or by a\nCardmember or a Person authorized by a Cardmember,\nor by any other Person with an interest in or authority to\ntransact business on the Account. Unauthorized Use also does\nnot include or mean the use of a Card by a Cardmember for a\npurpose which is not primarily for or incidental to your business.\n2. General Terms of Agreement. This Agreement applies to each\nAccount and Card. This Agreement replaces all prior Business\nMasterCard agreements, if any, between you and us for each\nAccount and Card.\nYou must promptly give us up-to-date credit and financiallyrelated information about you and about each Guarantor, if any,\nwhen we ask for it, as well as any other information we may\nrequest regarding your business and its operations.\nYou have the power and authority to perform and take all actions\ncontemplated by this Agreement, and this Agreement is a valid,\nbinding, and enforceable agreement against you in accordance\nwith its terms. You will provide us upon request such documents\nor other information as we may deem necessary to verify your\npower and authority.\nThe section headings in this Agreement appear only for ease of\nreference purposes. They shall not control or affect the meaning\nor construction of any of the provisions of this Agreement.\nWords in the masculine gender mean and include correlative\nwords of the feminine and neuter genders and words importing\nthe singular numbered meaning include the plural number, and\nvice versa.\nThis Agreement is governed by the laws of the State of Iowa,\nwithout regard to its conflicts of law provisions. To the extent\nthat the terms of this Agreement conflict with applicable state\nor federal law, such state or federal law shall replace such\nconflicting terms only to the extent required by law. Unless\nexpressly stated otherwise, all other terms of this Agreement\nshall remain in full force and effect.\n\n\x0c3. Authorized Person. One or more individuals will be designated\nby you from time to time as an Authorized Person to assist\nyou in the administration of this Agreement. The Authorized\nPerson will be responsible for performing, on your behalf, such\nadministrative duties as we may request and you have agreed to\nfrom time to time.\n4. Account Opening/Card Issuance and Renewal. We will\nopen an Account for, and will issue a Card on that Account to, a\nCardmember at the request of an Authorized Person made on\na fully completed request form that we have prescribed for this\npurpose.\nSubject to our rights under the terms of this Agreement to\ncancel, revoke, or suspend a Cardmember\xe2\x80\x99s Account and\nCard, we will issue renewal and replacement Cards to each\nCardmember before the expiration date indicated on the Card\nlast issued to each of them. We will continue to issue renewal\nand replacement Cards to each Cardmember in this way until\nyou tell us to stop; the Cardmember tells us to stop; we cancel,\nrevoke, or suspend the Cardmember\xe2\x80\x99s Account or Card; or this\nAgreement is terminated. An emergency replacement Card will\nbe issued by us to a Cardmember when required according to\nour customary operating procedures.\n5. Account and Card Use. The use of each Account and Card\nis governed by this Agreement. A Cardmember may use the\nCardmember\xe2\x80\x99s Account and Card primarily for or incidental\nto your business to obtain advances of money from us\nthrough Purchase transactions, Cash Advance transactions,\nBalance Transfer transactions, Convenience Checks and other\ntransactions we permit from time to time. An Account and Card\nmay only be used by the Cardmember in whose name it has\nbeen opened or issued. A Card may not be used for any unlawful\npurpose. A Card may not be used in any country that is subject\nto economic sanctions imposed by the U.S. government, and\nany attempted use of a Card in such countries will be blocked.\nA Card may not be used in connection with online gambling or\nto fund any account that is set up to facilitate online gambling.\nA Cardmember must not use the Cardmember\xe2\x80\x99s Card after the\nexpiration date shown on it, or after the cancellation, revocation,\nor suspension of the Cardmember\xe2\x80\x99s Account or Card or the\ntermination of this Agreement. It is your responsibility to inform\neach Cardmember of the appropriate use of the Cardmember\xe2\x80\x99s\nCard, and the use of a Card by a Cardmember in a manner which\nis not permitted under this Agreement shall not affect or limit\nyour liability to us for all Debt charged to each Account.\n6. Foreign Transactions. Outside the 50 states of the United\nStates, a Cardmember may use a Card for Purchases from\nmerchants or to receive a Cash Advance (other than a\nConvenience Check) in either a foreign currency or in U.S.\ndollars. MasterCard International will convert to U.S. dollars any\ncharge or credit made to a Cardmember\xe2\x80\x99s Account in currency\nother than U.S. dollars. The conversion will be pursuant to\napplicable MasterCard regulations in effect from time to time.\nCurrently, the exchange rate between the transaction currency\nand the billing currency used for processing international\ntransactions is (i) a rate selected by MasterCard from the\nrange of rates available in wholesale currency markets for the\n\napplicable central processing date, which may vary from the rate\nMasterCard itself receives, or (ii) the government-mandated rate\nin effect for the applicable central processing date. In addition to\nthe exchange rate, we will charge a processing fee of 3% of the\ntransaction amount after its conversion into U.S. Dollars of each\nout of country Purchase or Cash Advance, regardless of whether\nthe Purchase or Cash Advance is made in a foreign currency or\nU.S. dollars. We will post to the Cardmember\xe2\x80\x99s Account the total\namount of the transaction in U.S. dollars. The exchange rate may\ndiffer from the rate in effect on the date of the transaction.\n7. Automated Banking Machines. We may from time to time\npermit Cardmembers to use Cards at automated banking\nmachines and terminals (\xe2\x80\x9cATM\xe2\x80\x9d). If such use is permitted, each\nCardmember will be issued a Personal Identification Number\n(\xe2\x80\x9cPIN\xe2\x80\x9d) to use with the Cardmember\xe2\x80\x99s Card to make transactions\non the Cardmember\xe2\x80\x99s Account at those ATMs, subject to the\nCardmember\xe2\x80\x99s agreement with us governing the use of the\nCardmember\xe2\x80\x99s PIN at ATMs. There is no charge for issuing a PIN\nfor use with an account when it is sent via standard postage.\n8. Debt Incurred Without a Card or Through Convenience\nChecks.\n(a) If a Cardmember incurs Debt without having presented the\nCardmember\xe2\x80\x99s Card to a merchant (such as for mail order,\ninternet, or telephone Purchase), the legal effect will be the\nsame as if the Cardmember had used the Cardmember\xe2\x80\x99s\nCard and signed a Purchase or Cash Advance draft.\n(b) From time to time, we may supply Convenience Checks\nfor use by Cardmembers. We may, based on the particular\noffers we make from time to time, provide Convenience\nChecks that will post and be treated as a Cash Advance.\nConvenience Checks must be written in U.S. dollars and may\nonly be used by Cardmembers in accordance with the terms\nof this Agreement.\nWe may return a Convenience Check used by a Cardmember\nunpaid if: (i) the credit available under the Cardmember\xe2\x80\x99s\nCredit Limit is less than the Convenience Check amount; (ii) the\nCardmember\xe2\x80\x99s Account is in default or the Cardmember\xe2\x80\x99s Card\nuse or Account has been cancelled, revoked, or suspended; (iii)\nthe Convenience Check is improperly signed, has expired, or\notherwise fails to conform to our regularly accepted standards\nfor check payment; or (iv) this Agreement has been terminated.\nThe ability to process a stop payment request for a Convenience\nCheck will depend on whether a check has cleared. After a\nConvenience Check has been processed, an opportunity to act\non a stop payment request may no longer exist. If you desire\nto stop any payment, you must contact us by writing us at the\naddress listed on the back of this agreement. Although every\nreasonable effort will be taken to accommodate your request,\nwe will not have any liability for failing to do so. You may be\nrequired to present your stop payment request in writing to us\nwithin fourteen (14) days of you notifying us by telephone.\nConvenience Checks, Balance Transfer checks, and other\npromotional programs may not be used to pay any of the Debt\nor any obligation either you or a Cardmember owes us or our\n\n\x0caffiliates. We reserve the right to decline any standard Annual\nPercentage Rate Balance Transfer transactions (including\nBalance Transfer checks) on your account. We will not have\nany responsibility or liability to you or any other Person if a\nConvenience Check is not honored or accepted by a merchant\nor any other Person. If we fail to properly or timely process a\nConvenience Check, or we improperly return a Convenience\nCheck, we will ensure that the designated payee receives the\namount of the Convenience Check and that such charge is added\nto your account balance, but will in no way be liable to you for\nany consequential, incidental or exemplary damages caused by\nthe failure to properly or timely process the Convenience Check,\nor our improper return of the Convenience Check.\n9. Limits. We will set an Aggregate Credit Limit for all Accounts,\nand we may change it from time to time by providing written\nnotice of the change to you. We will tell you what the initial\nAggregate Credit Limit is in writing in the welcome letter or\nbefore the time an Account is opened for a Cardmember under\nthis Agreement. A portion of your Aggregate Credit Limit, called\nthe cash advance limit, is available for Cash Advances. We\ndisclose your cash advance limit in the welcome letter. You will\nnot permit the Debt you owe to us at any time to exceed the\nAggregate Credit Limit. However, we may (but are not required\nto, even if we have done so before) permit that Debt to exceed\nthe Aggregate Credit Limit we set from time to time.\nWe will set a Credit Limit for each Cardmember\xe2\x80\x99s Account, and\nwe may change the Credit Limit for a Cardmember\xe2\x80\x99s Account\nperiodically. You will ensure that each Cardmember observes\nthe Cardmember\xe2\x80\x99s Credit Limit. You will not permit the Debt\nyou owe to us in respect to an Account at any time to exceed\nthe Credit Limit for that Account. However, we may (but are not\nrequired to, even if we have done so before) permit that Debt to\nexceed that Credit Limit we set from time to time.\nWithout further notice and as allowed by applicable law, we may\nplace limits on or stop the ability of you or any Cardmember to\nmake Cash Advances and/or Balance Transfers on any Account.\n10. Account Statements and Verification. We will send an\nAccount Statement to the Guarantor for Consolidated Pay\nAccounts and/or to the Authorized Person for Individual Pay\nAccounts, directed to the Cardmember\xe2\x80\x99s address last provided\nto us by the Authorized Person. Changes in a Cardmember\xe2\x80\x99s\naddress must be received by us no later than five (5) days before\nthe date a billing cycle closes in order for us to provide the\nAccount Statement to the new address. You will ensure that\neach Cardmember promptly examines all of the Cardmember\xe2\x80\x99s\nAccount Statements and each entry and balance recorded\nin them. If we deem your account uncollectable or institute\ncollection proceedings through an outside agency or attorney,\nwe may stop sending you Account Statements. Periodic finance\ncharges and fees may continue to accrue even if we stop sending\nAccount Statements.\n11. Liability for Debt. Except as specifically provided to the\ncontrary in this Agreement, you will be liable to us for all Debt\ncharged to each Account and shall pay to us all Debt charged\nto each Account, no matter how it is incurred, for what it\n\nis incurred (e.g., a Purchase by a Cardmember which is not\nprimarily for or incidental to your business) or who has incurred\nit, and even though we may send Account Statements to\nCardmembers and not to you. However, we will provide\nAccount Statements or other information about that Debt\nto you at your request.\nEach Cardmember shall be individually liable for the payment\nof, and shall pay on our demand all Debt which may be owing\nfrom time to time from or on account of any and all use by a\nCardmember, or anyone who has actual, implied or apparent\nauthority, of any Card or Account which is not authorized under\nthis Agreement (i.e., a use not primarily for or incidental to your\nbusiness). The liability of the Cardmember shall be in addition\nto and not in lieu of your primary liability and the liability of any\nGuarantors, which shall continue for any and all uses as provided\nin this Agreement.\nAny Guarantors shall be jointly and severally liable to us for all\nDebt charged to each Account, no matter how it is incurred, for\nwhat it is incurred (e.g., a Purchase by a Cardmember which\nis not primarily for or incidental to your business) or who has\nincurred it. The liability of any Guarantors shall be in addition to\nand not in lieu of your primary liability, which shall continue for\nany and all uses as provided in this Agreement.\n12. Unauthorized Use of Card or Convenience Check \xe2\x80\x93\nLimitation of Liability. You must tell us or the Cardmember must\ntell us at once if the Cardmember\xe2\x80\x99s Card or a Convenience Check\nis lost or stolen, if you suspect or the Cardmember suspects\nthe Card or a Convenience Check is lost or stolen, if there has\nbeen an Unauthorized Use of the Cardmember\xe2\x80\x99s Card or a\nConvenience Check. You may do this or the Cardmember may do\nthis by telephoning us immediately at the Cardmember Services\nnumber on the Account Statement. You will follow such notice\nwith a written confirmation if we request you to do so. We may\nrequire you to provide certain information in writing to help us\nfind out what happened and to comply with our investigation.\nYou must identify for us the charges that were not made by you\nor the Cardmember, or someone not authorized by you or the\nCardmember, and from which you received no benefit.\nExcept as provided below in this paragraph, you will not be liable\nto us and a Cardmember will not be liable to us for any Debt\nresulting from an Unauthorized Use of a Card or Convenience\nCheck, provided you tell us or the Cardmember tells us about\nthe Unauthorized Use of the Card or Convenience Check within\nsixty (60) calendar days of the mailing date of the first Account\nStatement showing the Unauthorized Use. If you do not tell us or\nthe Cardmember does not tell us about the Unauthorized Use\nwithin such sixty (60) calendar day period, or if we reasonably\ndetermine, based on substantial evidence, that you or the\nCardmember were grossly negligent (which may include delay\nfor an unreasonable time in reporting an Unauthorized Use) or\nfraudulent in the handling of the Card or the Account, you will be\nliable for the Unauthorized Use. Subject to the exceptions below\nin this paragraph, your liability, however, for any Debt resulting\nfrom an Unauthorized Use of a Card or Convenience Check\nwill be limited to the lesser of $50 or the amount of money,\nproperty, labor, or services obtained by the Unauthorized Use\n\n\x0cbefore notification to us of the Unauthorized Use, unless you\nor the Cardmember are determined to have been fraudulent in\nthe handling of the Card or Account, or ten (10) or more Cards\nare issued by us under this Agreement to Cardmembers at the\nrequest of an Authorized Person. If we determine that you or the\nCardmember have been fraudulent in the handling of the Card\nor the Account, or ten (10) or more Cards are issued by us under\nthis Agreement to Cardmembers at the request of an Authorized\nPerson, then your liability will be unlimited. Subject to any\nlimitations on liability under applicable law or any agreements\nwith us governing the use of PINs or ATMs, your liability will also\nbe unlimited if the Unauthorized Use involved an ATM or PIN\ntransaction that was not processed by MasterCard.\nYou will not be liable to us for any Debt resulting from an\nUnauthorized Use that is incurred after the time you tell us or\nthe Cardmember tells us about the loss, theft or Unauthorized\nUse of the Card or Convenience Check.\n13. Payment of Debt.\n(a) Subject to Sections 13(b), 13(c) and Section 19, you may pay\nthe Debt you owe to us in respect to each Cardmember\xe2\x80\x99s\nAccount in full or in part at any time.\n(b) Subject to Section 13(c) and Section 19, you must make\none of the following payments of the Debt shown on each\nAccount Statement by the Due Date shown thereon in order\nto keep the Account up-to-date:\n(i)\n(ii)\n\na payment in full of the New Balance shown on the\ncurrent Account Statement if that New Balance is less\nthan $40.00; or\na payment of not less than the Minimum Payment\nshown on the current Account Statement if the New\nBalance shown on that Account Statement is $40.00\nor more.\n\n(c) You must also pay the amount of any Debt that exceeds the\nCredit Limit for a Cardmember\xe2\x80\x99s Account at once to keep\nthat Account up-to-date. You must pay this excess even\nthough we may not have yet sent an Account Statement to\nthe Cardmember on which that excess appears.\n(d) You must keep each Cardmember\xe2\x80\x99s Account up-to-date\nat all times even when we are delayed in or prevented\nfrom sending, for any reason, any one or more Account\nStatements to Cardmembers. You must contact us by\ntelephone using the Cardmember Services number on the\nAccount Statement at least once a month during such a\ndelay or interruption to obtain any payment information you\ndo not have and need to know in order for you to comply\nwith your obligations under this Section.\n(e) If any payment made by you in respect of a Cardmember\xe2\x80\x99s\nAccount is not honored, or if we must return it to you\nbecause it cannot be processed, the applicable fee will\nbe charged under Section 15 and Card privileges may be\nrevoked or suspended by us under Section 18.\n\n14. Application of Payments. We may allocate payments on the\nDebt in the manner we, in our sole discretion, deem appropriate,\nunless applicable laws mandate a specific order for application of\npayments. Unless we otherwise agree, any payment must be\nmade in U.S. dollars.\n15. ANNUAL PERCENTAGE RATE, FINANCE CHARGES and Other\nFees.\n(a) FINANCE CHARGES reflect the cost of credit to you. Your\nFINANCE CHARGES for any billing cycle will equal the total of\n(i) the amount of FINANCE CHARGES constituting \xe2\x80\x9cinterest\xe2\x80\x9d\nand (ii) the amount of transaction fees and other fees or\ncharges that are considered FINANCE CHARGES.\n(b) The \xe2\x80\x9cinterest\xe2\x80\x9d portion of the FINANCE CHARGES is\ncomputed through use of monthly periodic rates (monthly\n\xe2\x80\x9cPeriodic Rate\xe2\x80\x9d or monthly \xe2\x80\x9cPeriodic Rates\xe2\x80\x9d) and their\ncorresponding ANNUAL PERCENTAGE RATES. Each monthly\nPeriodic Rate for transactions posting as Purchases, Cash\nAdvances or Balance Transfers will be equal to 1/12th of its\ncorresponding ANNUAL PERCENTAGE RATE. Subject to the\nprovisions of Section 15(f), the monthly Periodic Rate and\ncorresponding ANNUAL PERCENTAGE RATE for transactions\nposting as Purchases is a variable rate that may change from\ntime to time based on changes to an Index identified below.\n(c) The monthly Periodic Rate and corresponding ANNUAL\nPERCENTAGE RATE for transactions posting as Purchases\nmay increase or decrease from time to time according to\nthe movements up or down of the following index (\xe2\x80\x9cIndex\xe2\x80\x9d):\nthe \xe2\x80\x9cPrime Rate,\xe2\x80\x9d as published in The Wall Street Journal\nup to three business days prior to the Account Statement\nclosing date for that period. If The Wall Street Journal does\nnot publish the Prime Rate, we may substitute a similar\npublished rate. Any variable rate adjustment based on an\nIndex change will be effective as of the beginning date\nof the Billing Cycle for which we calculate the ANNUAL\nPERCENTAGE RATE. We apply the new applicable rate to all\nexisting Debt, including New Balances, outstanding balances\nand other transactions, subject to that variable rate. Any\nincrease in the Index may result in an increase in the\nFINANCE CHARGES, Minimum Payment, New Balances and\nthe Debt.\n(d) Subject to the provisions of Section 15(f), the interest rate\nfor transactions posting as Purchases will be determined by\nadding to the Prime Rate a margin as shown on the welcome\nletter, resulting in a daily Periodic Rate and a corresponding\nANNUAL PERCENTAGE RATE also as shown on the welcome\nletter and statement. Subject to the provisions of Section\n15(f), the ANNUAL PERCENTAGE RATE for transactions\nposting as Cash Advances may vary monthly. We will assess\na transaction fee for ATM and bank Cash Advances and for\nuse of Convenience Checks and other credit instruments or\ndevices intended for use in obtaining Cash Advances. For\neach Cash Advance, we will add a FINANCE CHARGE equal to\n4% of the Cash Advance amount, but not less than $10.00.\n(e) Subject to the provisions of Section 15(f), the ANNUAL\nPERCENTAGE RATE for transactions posting as Balance\nTransfers may vary monthly and will be the same as the\nANNUAL PERCENTAGE RATE and corresponding monthly\nPeriodic Rate used for Cash Advances.\n(f) Upon the occurrence of an \xe2\x80\x9cAdjustment Event,\xe2\x80\x9d each\n\n\x0cmonthly Periodic Rate and corresponding ANNUAL\nPERCENTAGE RATE in effect for all Debt, including New\nBalances, outstanding balances, and other transactions,\nwill increase from their standard, non-delinquency rates\nor any introductory or promotional rates as set forth or\nreferenced in this Section 15 to a \xe2\x80\x9cDelinquency Rate.\xe2\x80\x9d The\nDelinquency Rate will take effect and apply to all Debt,\nincluding New Balances, outstanding balances and other\ntransactions, as of the first day of the billing cycle in which\nthe Adjustment Event occurs. An Adjustment Event occurs\nwhenever a Minimum Payment is thirty (30) days past due.\nAn \xe2\x80\x9cAdjustment Event\xe2\x80\x9d for introductory or promotional rates\noccurs on the first date of delinquency. Any introductory\nor promotional rate will expire upon an Adjustment\nEvent and will be changed to the Delinquency Rate. The\nDelinquency Rate may vary monthly. The Delinquency Rate\nfor all Debt will remain in effect until the closing date of the\nsixth consecutive billing cycle that you are \xe2\x80\x9ccurrent\xe2\x80\x9d on all\npayments (that is, no Minimum Payments past due). On the\nfirst day of the billing cycle following your sixth consecutive\ncurrent cycle, the daily Periodic Rate and corresponding\nANNUAL PERCENTAGE RATE for all Debt will decrease\nto their standard, non-delinquency rates, but not any\nintroductory or promotional rates.\n(g) We calculate the periodic rate or \xe2\x80\x9cinterest\xe2\x80\x9d portion of the\nFINANCE CHARGE by multiplying the applicable monthly\nPeriodic Rate by the average daily balance (including new\ntransactions) of the Purchase, Cash Advance, and Balance\nTransfer categories subject to the \xe2\x80\x9cinterest\xe2\x80\x9d portion of the\nFINANCE CHARGE (\xe2\x80\x9cAmounts Subject to Interest\xe2\x80\x9d), and then\nadd together the resulting \xe2\x80\x9cinterest\xe2\x80\x9d from each category.\nWe determine the average daily balance separately for the\nPurchase, Cash Advance and Balance Transfer categories.\nTo get the average daily balance in each category, we add\ntogether the daily balances in those categories for the\nbilling cycle and divide the result by the number of days in\nthe billing cycle. We determine the daily balances each day\nby taking the beginning balance of each of those Account\ncategories (including any billed but unpaid interest, fees\nand other charges), add any new inter est, fees and other\ncharges, and subtract any payments or credits applied\nagainst the Account balances that day. We add Purchases,\nCash Advances, and Balance Transfers to the appropriate\nbalances for those categories on the applicable transaction\ndates. Billed but unpaid interest on Purchases, Cash\nAdvances and Balance Transfers is added to the appropriate\nbalances for those categories each month on the statement\ndate. Billed but unpaid Cash Advance transaction fees are\nadded to the Cash Advance balance of an Account on the\ntransaction date. Any billed but unpaid fees on Purchases\nand other charges are added to the Purchase balance of an\nAccount on the date they are charged to the Account. Billed\nand unpaid interest, fees and other charges will be included\nin the average daily balance of all Accounts that accrue\ninterest (the \xe2\x80\x9cAmount Subject to Interest\xe2\x80\x9d) and will reduce\nthe amount of credit available. If the average daily balance\nof any category of Purchase, Cash Advance or Balance\nTransfer is at least $0.01 in any billing cycle, an Account\nwill be subject to a minimum FINANCE CHARGE of $0.50 in\nthat cycle.\n\n(h) You will not pay interest on the amount of any Purchase\nappearing on an Account Statement for the first time if all\nDebt shown on that Account Statement is paid in full by\nthat Account Statement\xe2\x80\x99s Due Date, and all Debt shown\non the preceding Account Statement was also paid in full\nby that preceding Account Statement\xe2\x80\x99s Due Date. There is\nno grace period for transactions that post to an Account as\nCash Advances or Balance Transfers. Those transactions are\nsubject to interest from the date they are made until the\ndate they are paid in full.\n(i) We may, at our option, offer you limited time introductory\nor promotional interest rates for all or part of the Purchase,\nCash Advance, or Balance Transfer balances in an Account.\nWe will tell you the introductory or promotional rate and the\nperiod of time during which it is in effect in the offer. Unless\nan offer states otherwise, an introductory or promotional\nrate will generally remain in effect until the last day of the\nbilling cycle in which the introductory or promotional rate\nexpires, the date an Account is closed to future transactions,\nor the date an Account becomes past due because a\nMinimum Payment is not received in full on or before\nits Due Date, whichever occurs sooner. Any introductory\nor promotional rate that applies to New Balances or\noutstanding balances will increase to the standard rate that\nwould otherwise apply, or when appropriate under the\nterms of this Agreement, a Delinquency Rate will be applied\nif we do not receive at least the Minimum Payment due by\nthe Due Date shown on an Account statement in any month.\n(j) In addition to the \xe2\x80\x9cinterest\xe2\x80\x9d portion of the FINANCE\nCHARGES, for each Account you agree to pay the following\nFINANCE CHARGES, as well as the other fees and charges\nlisted below:\n(i)\nA FINANCE CHARGE in the form of a Promotional\nTransaction Fee for each Promotion received during a\nbilling cycle \xe2\x80\x93 the fee will be in the amount set forth\nin any Promotional Discount offer extended by us and\nwill be charged to the Purchase, Cash Advance, or\nBalance Transfer balance of each Account as set forth\nin the Promotional Discount offer;\n(ii)\nA Late Payment Fee in the amount of $30.00 \xe2\x80\x93 the fee\nwill be charged to the Purchase balance of an Account\nif the Minimum Payment for that Account is not\nreceived by us by the end of business 5 days after the\nDue Date shown on the Account Statement;\n(iii) An Over-limit fee of $30.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account if the\noutstanding Debt on the Account exceeds the Credit\nLimit established for the Account at any time during\nthe Account\xe2\x80\x99s billing cycle;\n(iv) An Annual Fee of $39.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account on the first\nanniversary of the account opening and every year\nthereafter;\n(v)\nA Returned Payment Fee of $30.00 \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account if any\npayment is not honored or if we must return it to you\nbecause it cannot be processed;\n(vi) A Returned Convenience Check Fee of $30.00 \xe2\x80\x93 the\nfee will be charged to the Purchase balance of an\nAccount or the Cash Advance balance of an Account\n\n\x0cdepending on how the Convenience Check is being\nposted;\n(vii) A Convenience Check Stop-Payment fee of $25.00 \xe2\x80\x93\nthe fee will be charged to the Purchase balance of an\nAccount or the Cash Advance balance depending on\nhow the Convenience Check is being posted; and\n(viii) A Convenience Check copy fee of $20.00 \xe2\x80\x93 the fee will\nbe charged to the Purchase balance of an Account for\neach copy of a returned convenience check;\n(ix) A Document copy fee of $15.00 \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account\nfor each copy of a monthly statement, sales slip,\nrefund slip, or Cash Advance slip that you request\n(there will be no charge for documentation requests\nmade in connection with a billing error notice, if our\ninvestigation indicates a billing error occurred);\n(x)\nResearch fee of $15.00 / hour \xe2\x80\x93 the fee will be\ncharged to the Purchase balance of an Account for\ntime we spend to research an item regarding your\naccount at your request (there will be no charge for\ndocumentation requests made in connection with\na billing error notice, if our investigation indicates a\nbilling error occurred);\n(xi) A Rush PIN fee of $10.00 \xe2\x80\x93 the fee will be charged\nto the Purchase balance of an Account if you or a\nCardmember request a PIN rush-delivered via Fed Ex;\n(xii) A Credit Card Replacement fee \xe2\x80\x93 we may add a fee to the\nPurchase balance of an Account if you or a Cardmember\nrequest a replacement card. This fee is based on the\ndelivery type requested. If you or a Cardmember request\na replacement via standard mailing the fee is $5.00. If\nyou or a Cardmember request a replacement which is\nshipped 2 business days after the request is received\nthe fee is $25.00. If you or a Cardmember request a\nnon-emergency delivery shipped via Fed Ex 1 day after\nthe request is received the fee is $65.00. If you or a\nCardmember request an emergency card replacement\nwhich is shipped at the time the request is received the\nfee is $105.00;\n(xiii) A photo card fee of $5.00 \xe2\x80\x93 the fee for each\ncustomized image a Cardmember requests be printed\non their card.\n16. Security Interest. Under this Agreement, no security interest\nis retained in your property to secure the Debt; provided,\nhowever, if we are permitted by law to retain a security interest\nin your property to secure the Debt and a security interest is\nretained or may in the future be retained by us in a separate\nsecurity agreement or other agreement which references\nthis Agreement or your obligations to us in general, then that\nsecurity interest shall secure the Debt. To the extent any one or\nmore Persons are identified in our records as being a Guarantor,\nor to the extent we consider one or more Persons as being a\nGuarantor, then, in such event, this Agreement and the Debt is\nsecured by the unconditional, joint and several guaranty of each\nGuarantor as set forth in this Agreement.\n17. Changes in Interest Rates, Fees, and Charges to this\nAgreement. We may change the interest rates, transaction fees,\nlate fees, and other fees or charges for each Cardmember\xe2\x80\x99s\n\nAccount and this Agreement periodically. We may also change\nother terms and conditions of this Agreement periodically. You\nwill be given at least thirty (30) days\xe2\x80\x99 prior written notice of each\nchange, directed to your address last appearing on our records.\nIf we have not received written notice of your desire to opt out\nof the change prior to the effective date of the change, it will\nmean that you have agreed to the change. If you opt out of the\nchange prior to the change becoming effective, all Accounts will\nbe closed and you will have the right to continue to pay the Debt\nin the same manner and under the same terms and conditions as\nthen in effect under this Agreement.\n18. Card Cancellation/Revocation or Suspension of Use. You\nmay cancel a Cardmember\xe2\x80\x99s Account and Card for any reason\n(including, without limitation, the death of the Cardmember)\nby providing us with written notice of cancellation of that\nAccount and Card. Subject to Section 12, you will be liable to us\nfor all Debt, howsoever and by whosoever incurred. If the Debt\noutstanding in a Cardmember\xe2\x80\x99s Account exceeds the Credit Limit\nat any time, we may suspend, without notice, the Cardmember\xe2\x80\x99s\nright to use the Cardmember\xe2\x80\x99s Account and Card and all services\nwe provide to the Cardmember under this Agreement until such\ntime as that excess is paid to us in full.\nWe may cancel and revoke a Cardmember\xe2\x80\x99s right to use the\nCardmember\xe2\x80\x99s Account and Card at any time without notice. The\nCardmember must also promptly surrender the Cardmember\xe2\x80\x99s\nCard to us at our request or at your request.\n19. Termination.\n(a) You or we may terminate this Agreement at any time by\ngiving written notice of termination to the other. We must\ndirect our written notice to your address last appearing on\nour records. Your written notice must be directed to us at\nour address listed on the back of this agreement.\n(b) The occurrence of any one of the following events has the\neffect of putting you in default and we may terminate this\nAgreement at once without giving you any notice, if:\n(i)\nyou become insolvent or bankrupt;\n(ii) someone files a petition in bankruptcy against you;\n(iii) \t\tyou make an unauthorized assignment for the benefit\nof your creditors;\n(iv) you institute, or someone else institutes, any\nproceedings for the dissolution, liquidation or\nwinding-up of your affairs;\n(v) you institute, or someone else institutes, any other\ntype of insolvency proceeding involving your assets\nunder the U.S. Bankruptcy Code or otherwise;\n(vi) you cease or give notice of your intention to cease to\ncarry on business or make or agree to make a bulk\nsale of your assets without complying with applicable\nlaws, or you commit an act of bankruptcy;\n(vii) you fail to pay any Debt or to perform any other\nobligation to us as required under this Agreement;\n(viii) you make any statement or representation to us that\nis untrue in any material respect when made;\n(ix) there is, in our opinion, a material adverse change in\nyour financial condition; or\n(x) any Guarantor terminates such Guarantor\xe2\x80\x99s guaranty\nof the Debt.\n\n\x0c(c) Upon termination of this Agreement under this Section 19, you\nmust pay all Debt for each Account to us at once, without our\nhaving to make demand on you for payment, and you must\nensure that each Cardmember destroys the Cardmember\xe2\x80\x99s\nCard. If you gave the financial institution guaranteeing your\nAccount a security interest or other deposit, we may use the\ndeposit amount to pay any amount you owe.\n(d) On termination of this Agreement under this Section 19,\ninterest shall continue to accrue on all Debt and it will\naccrue at the ANNUAL PERCENTAGE RATE described in\nSection 15 as the \xe2\x80\x9cDelinquency Rate\xe2\x80\x9d until the Debt is\npaid in full. Also, termination of this Agreement under this\nSection 19 shall not terminate:\n(i)\nyour obligations to us on all transactions and other\nmatters under this Agreement that occur prior to the\ndate of such termination;\n(ii)\nall interest and all fees and other charges as shall have\naccrued or as shall continue to occur or accrue to us\nwith respect to such transactions;\n(iii) the indemnity provided by you in Section 23 of this\nAgreement, the arbitration provisions in Section 24,\nthe waiver of jury trial provision of Section 25 and any\nother provisions intended by their terms to survive\ntermination.\n(e) In addition to your other liabilities to us under this\nAgreement, if you fail to comply with your obligations to\nus under this Agreement, you will be liable to us for: (i) all\ncourt costs and reasonable attorneys\xe2\x80\x99 fees and expenses we\nincur through any legal process to recover any Debt, and (ii)\nall costs and expenses we incur in reclaiming any Card.\n20. Problems with a Purchase. Subject to Section 33:\n(a) we are not responsible for any problem a Cardmember has\nwith any Purchase; and\n(b) if the Cardmember has a problem or dispute with a\nmerchant regarding a Purchase, you must still pay all Debt\nas required by this Agreement and settle the problem or\ndispute directly with the merchant.\nWe will not be responsible if a Card is not honored by a\nmerchant at any time and, subject to Section 33, for any other\nproblem or dispute a Cardmember may have with a merchant.\nAs well, we reserve the right to deny authorization of any\nPurchase, Balance Transfer, or Cash Advance at any time.\n21. Settling a Disputed Balance - Payment in Full. If you want\nto settle a disagreement with us about any amount you owe by\nsending a check on which you have written \xe2\x80\x9cPayment in Full\xe2\x80\x9d or\nsimilar language, you must send us a written explanation of the\ndisagreement or dispute and any such check to our address\nlisted on the back of this agreement. (See \xe2\x80\x9cYour Billing Rights\xe2\x80\x9d\nin Section 33 for complete details.) This address is different than\nthe address you use to make scheduled payments on the Debt.\nWriting \xe2\x80\x9cPayment in Full\xe2\x80\x9d or similar language on the check will\nnot be enough to resolve the dispute. If we collect a check or any\npayment instrument marked \xe2\x80\x9cPaid in Full\xe2\x80\x9d that you sent\nto an address other than the one provided in this Section (such\nas the address at which you normally make payments), we will\nnot have waived our right to collect any remaining amount you\nowe us under the terms of this Agreement.\n\n22. Disclaimers of Warranties and Liabilities. You specifically\ndisclaim as to us, MasterCard U.S.A., Inc., and MasterCard\nInternational all warranties of any kind, express or implied,\narising out of or related to the Card or any core service or\nsupplemental services provided in connection therewith,\nincluding, but not limited to, any warranty of MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE or NONINFRINGEMENT,\neach of which is expressly waived.\n23. Indemnification. You shall indemnify and hold harmless\nus and our affiliates, as well as our and their respective\nshareholders, directors, officers, members, managers,\nemployees, and agents, from and against any and all losses,\nclaims, damages, liabilities, judgments, or amounts paid in\nsettlement (or actions, suits, or proceedings, or investigations\nin respect thereof), including reasonable attorneys\xe2\x80\x99 fees\n(collectively, \xe2\x80\x9cLosses\xe2\x80\x9d) resulting from, relating to or arising\nout of this Agreement except to the extent such Losses solely\nresult from, arise out of or relate to the gross negligence or\nwillful misconduct of us, our affiliates, or our or their respective\nshareholders, directors, officers, members, managers,\nemployees, or agents.\n24. Arbitration. All irresolvable disputes or claims concerning\nthis Agreement (excluding termination of this Agreement by us\nas provided in this Agreement) will be decided by binding\narbitration under the expedited procedures of the Commercial\nFinancial Disputes Arbitration Rules of the American Arbitration\nAssociation (\xe2\x80\x9cAAA\xe2\x80\x9d) and Title 9 of the U.S. Code. Arbitration\nhearings will be held in Des Moines, Iowa, or such other location\nas mutually agreed upon. A single arbitrator will be appointed\nby the AAA and will be a judge or attorney with experience or\nknowledge in banking transactions. The arbitrator will award\nthe filing and arbitrator fees to the prevailing party. A judgment\non the award of the arbitrator may be entered by a court. All\ndisputes or claims regarding any matter which is the subject of\nthis Agreement shall be brought within one year from the date\nof the accrual of the cause of action. You agree that we shall be\nentitled to temporary or permanent injunctive relief from any\ncourt of competent jurisdiction to enforce the provisions of and\nto restrain or prevent any breach, default or further violation by\nyou under this Agreement, without being required to post any\nbond or other security whatsoever. In the event of arbitration\nor litigation regarding the term, performance or subject matter\nof this Agreement, the substantially prevailing party shall be\nentitled to recover its reasonable attorneys\xe2\x80\x99 fees.\n25. Waiver of Jury Trial. To the extent permitted by applicable\nlaw, you expressly and irrevocably waive any and all rights you\nmay have to a trial by jury in any action, suit or proceeding\nof any nature resulting from, arising out of or related to this\nAgreement. You acknowledge that the foregoing waiver is\nknowing and voluntary.\n26. Exchange of Information Between You and Us.\n(a) Information about a Cardmember\xe2\x80\x99s use of the\nCardmember\xe2\x80\x99s Account and Card, and pertinent information\nabout any reimbursement of Debt received by the\nCardmember from you, Cardmember employment status\nand location, and any other related Cardmember tracking\n\n\x0cinformation may be exchanged between you and us.\n(b) You understand that by providing your mailing address,\ne-mail address, telephone number or facsimile number\nto us, you are consenting to receiving from us and other\nmembers of TMG Financial Services, Inc. (defined in Section\n27(e) below) communications sent by or on our behalf, or by\nor on the behalf of any member of TMG Financial Services,\nInc., via regular mail, e-mail, telephone, facsimile or other\nform of communication or delivery of a communication.\n27. Account and Card Ownership, and Assignment. We are the\nowner of each Account and Card. Neither a Cardmember nor\nyou have the right to assign or transfer this Agreement, any Card\nor any Account to anyone else, and any transfer or attempted\ntransfer shall be null and void. We may assign this Agreement\nto any affiliated Person or to any other Person who is a bank,\nfinancial institution or other creditor. We may also assign or\ndelegate certain of our rights and responsibilities under this\nAgreement to third party service providers, and such third party\nservice providers may do the same.\n28. Notice. All notices under this Agreement shall be given in the\nfollowing manner: Unless otherwise specified in this Agreement, all\nnotices permitted or required by this Agreement shall be in writing\nand shall be deemed to have been duly given if sent by\npersonal delivery, mail, telegram, or facsimile, addressed, in the case\nof notice to us, to our address listed on the back of this agreement.\n29. Complete Agreement, etc. This Agreement constitutes the\ncomplete agreement between you and us with respect to the\nsubject matter hereof. No failure on our part to exercise, and\nno delay by us in exercising, any right under this Agreement will\noperate as a waiver thereof; nor will any single or partial exercise\nby us of any right under this Agreement preclude any other or\nfurther exercise thereof, or the exercise of any other right, by us\nunder this Agreement.\n30. Equal Credit Opportunity Disclosure. The federal Equal\nCredit Opportunity Act prohibits creditors from discriminating\nagainst credit applicants on the basis of race, color, religion,\nnational origin, sex, marital status, age (provided that the\napplicant has the legal capacity to enter into a binding contract),\nbecause all or part of the applicant\xe2\x80\x99s income derives from any\npublic assistance program, or because the applicant has in good\nfaith exercised any right under the Consumer Credit Protection\nAct. If you believe you have been discriminated against, you\nshould send your complaint to our address listed on the back of\nthis agreement.\n31. Credit Bureau Disputes. If you believe we inaccurately\nreported credit history information about you or any of the\nAccounts to a credit bureau, you may telephone us using the\nCardmember Services number on the Account Statement or\nwrite us at our address listed on the back of this agreement. We\nwill promptly investigate the matter and if we agree with you, we\nwill contact each credit reporting agency to which we reported\nand request a correction. If, after our investigation, we disagree\nwith you, we will inform you in writing or by telephone how to\nsubmit a statement to those agencies for inclusion in your\ncredit report.\n\n32. Our Billing Rights.\nTHE FOLLOWING SETS FORTH YOUR BILLING RIGHTS AND YOU\nWILL KEEP THIS NOTICE FOR FUTURE USE\nIn case of errors or questions about a transaction, you will notify\nus in writing at the address listed on the back of this agreement.\nYou will write to us as soon as possible, but no later than sixty\n(60) days after we sent the first Account Statement where the\nerror or problem appeared.\nYou will write to us on a separate sheet of paper and will not\nsend the notice on the Account Statement or other material that\naccompanied the Account Statement. You also can telephone\nus using the Cardmember Services number on the Account\nStatement, but doing so will not preserve your legal rights\nunder this Section or applicable law. In your letter to us, you will\ninclude the following information:\n(i) your name and the Cardmember\xe2\x80\x99s name and the number of\nthe Account on which there is an error or question;\n(ii) the dollar amount of the suspected error;\n(iii) the date the transaction occurred (if possible); and\n(iv) a description of the error and an explanation in as clear\nterms as possible of why you believe there is an error,\nor if you need more information, you will describe the\ninformation you need.\n(v) your signature\nIf you have authorized us to pay your Account Statement\nautomatically from a deposit account, you can stop the payment\non any amount you believe is wrong. To stop the payment, your\nletter must reach us three business days before the automatic\npayment is scheduled to occur.\nWe must acknowledge your letter within thirty (30) days unless\nwe have corrected the error by then. Within 90 days we must\neither correct the error or explain why we believe the statement\nwas correct. After we receive your letter, we cannot try to collect\nany amount you questioned or report the Account as delinquent.\nWe can continue to bill you for the amount you questioned,\nincluding Finance Charges, and we can apply any unpaid amount\nagainst your Credit Limit. You do not have to pay any questioned\namount while we are invesitgating, but you are still obligated to\npay the parts of theA ccount that are not in question.\nIf we find that we made a mistake on your Account Statement,\nyou will not have to pay any Finance Charges related to the\nquestioned amount. If we did not make a mistake, you may have\nto pay Finance Charges, and you will have to make up any missed\npayments on the questioned amount. In either case, we will\nsend you a statement of the amount you owe and the date that\nit is due. If you fail to pay the amount that we think you owe, we\nmay report you as delinquent. However, if our explanation does\nnot satisfy you and you write to us within ten (10) days telling us\nthat you still refuse to pay, we must tell anyone we report\nyou to that you have a question about your Account Statement.\nAnd, we must tell you the name of anyone we reported you to.\nWe must tell anyone we report you to that the matter has been\nsettled between us when it finally is.\nWe may use a microfilm, electronic, or other reproduction of any\nPurchase or Cash Advance draft or other document evidencing\n\n\x0cDebt to establish your liability for the Debt. Upon request,\nwe will provide you with a microfilm, electronic, or other\nreproduction within a reasonable time frame of any Purchase or\nCash Advance draft or other document evidencing the Debt.\nSpecial Rules for Credit Card Purchases:\nIf you have a problem with the quality of property or services\nthat are purchased with a Card issued pursuant to this\nAgreement and you have tried in good faith to correct the\nproblem with the merchant, under certain circumstances you\nmay have the right not to pay the remaining amount due on\nthe property or services. There are two limitations on this\nright and both must apply: (i) the purchase must have been\nmade in the Cardmember\xe2\x80\x99s home state or, if not within the\nCardmember\xe2\x80\x99s home state, within one hundred (100) miles\nof the Cardmember\xe2\x80\x99s current mailing address, and (ii) the\npurchase price must have been more than $50. The forgoing two\nconditions do not apply if we own or operate the merchant\nor if we mailed the advertisement for the property or services\nto the Cardmember. This paragraph does not apply to the use\nof a check guarantee card or a debit card in connection with\nan overdraft credit plan, or to a check guarantee card used\nin connection with cash advance checks. This paragraph only\napplies to a transaction that would be considered a consumer\ncredit transaction under applicable law.\n\nto pay our reasonable attorneys\xe2\x80\x99 fees, or those of any holder,\nassignee or transferee of this Agreement. The consideration for\nthis guaranty agreement is our agreement to extend credit as\nset forth in this Agreement and this guaranty agreement is being\ngiven to enhance your credit, and has been offered by each\nGuarantor to us and accepted by us for such purpose and to\nfurther secure and ensure payment of all of the Debt owing from\ntime to time under this Agreement or any Account.\n34. Application. This Agreement is incorporated in and has\nbeen made a part of the application for credit you gave us at the\ntime you applied for the credit to be extended by us under or\npursuant to this Agreement.\n\n33. Guaranty Agreement. Each Guarantor, jointly and severally\n(if more than one), unconditionally guarantees the payment,\nwhen due, to us, or any holder, assignee or transferee of this\nAgreement or any Account, of all Debt (no matter how it is\nincurred, for what it is incurred or who has incurred it) from\ntime to time owing under this Agreement or any Account and\nthe payment upon demand of the entire amount of Debt owing\nunder this Agreement or any Account in the event of default in\npayment by any Person or Persons obligated thereon.\nEach Guarantor, to the extent not prohibited by law: (i) waives\nnotice of acceptance of this guaranty; (ii) waives notice of, or\nany right of prior approval or consent with respect to, or any\ndefense or claim arising out of or relating to any extensions in\ntime of payment or other indulgences or concessions granted\nor extended to any Person or Persons obligated under this\nAgreement or any Account; and (iii) waives all other notices\nand rights to which each Guarantor is otherwise entitled by\nlaw or in equity; and each Guarantor agrees to pay all amounts\nowing hereunder, upon demand, without requiring any action\nor proceeding against any Person or Persons obligated under\nthis Agreement or any Account, or any of their property. This\nguaranty is a present guaranty and it shall continue until\nthirty (30) calendar days after the date of receipt by us of a\nwritten termination of guaranty executed by any Guarantor so\nterminating such Guarantor\xe2\x80\x99s guaranty, such notice to be given\nto us at the address listed on the back of this agreement. If\nthis guaranty is terminated by a Guarantor as provided in the\npreceding sentence, such termination shall apply only to\ncredit extended by us after the end of said thirty (30) day\nnotice period and such termination shall not apply to any other\nDebt. Termination of this guaranty by one Guarantor shall not\nterminate the guaranty of any other Guarantor. If suit is brought\nto enforce this guaranty agreement, each Guarantor agrees\n\nMutual of Omaha Bank ATIRAcredit\nPO Box 10346\nDes Moines, IA 50306-0346\n\n\x0c'


b'Cardmember\nAgreement\nCARDMEMBER AGREEMENT\nThis Cardmember Agreement (\xe2\x80\x9cAgreement\xe2\x80\x9d), which includes your Card\ncarrier and Welcome Letter, is your contract with us and governs the use\nof your Card and Account. The Welcome Letter contains important account\ninformation, including your annual percentage rates. Please read and keep\nthese documents for your records.\nYou agree to use your Account in accordance with this Agreement. This\nAgreement is binding on you unless you have not used or authorized use of\nthe Card. You must pay us for all amounts due on your Account as specified in\nthis Agreement. Your Account must only be used for lawful transactions.\n\n02/17\nCMA SECURED V2\n\nSecured Mastercard\xc2\xae\nCash Advance Fee: If you use your Account or Card to obtain a Cash Advance,\nwe will charge a Cash Advance fee of the greater of 4% of the cash advance or\n$10.00, unless state law limits the amount we can charge, in which case the fee\nshall be the largest amount allowable under state law. State law limits include,\nbut are not limited to: No fee for IL; Up to $0.25 for NV; Up to the lesser of 1.5%\nof the amount of each cash advance or $5.00 for WV; Up to the greater of $2.00\nor 2% of advance for TX; Up to the lesser of 2% of amount or $10.00 for IN; Up to\nthe greater of 2.5% of amount advanced or $2.00 for CO; Up to 4% of advance for\nLA; Up to the greater of $10.00 or 4% of each cash advance ($30.00 maximum)\nfor MN.\nThe cash advance fee is a finance charge. Interest does not accrue on the fee.\n\nDEFINITIONS\nWe, us, and our: TMG Financial Services, Inc., the issuer of your credit\nCard Account.\n\nOTHER FEES\nSome fees vary by state and are disclosed below. Specific fee amounts that\napply to your Account will be disclosed as part of your Welcome Letter.\n\nYou, your, and yours: the person who applied to open the Account and any\nother person responsible for complying with this Agreement, including the\nperson to whom we address the billing statements.\n\nLate Payment Fee: We may add a late fee as outlined below to your Account\nfor each billing period you fail to pay the Minimum Amount Due by the Payment\nDue Date (unless otherwise limited by state law). No fee for CT; Up to 5% of past\ndue amount after 7 days for VA; Up to 5% of past due payment after 10 days for\nNY; Up to the greater of 5% of unpaid amount or $10.00 after 10 days for WY; Up\nto 5% of unpaid installment, not to exceed $10.00 after 15 days for ME; Up to\n5% of unpaid installment, not to exceed $25.00 after 10 days for WV; Up to the\nlesser of $5.00 or the balance on balances under $100 or $10.00 for balances\nover $100 after 30 days for NC; Up to the greater of $5.00 or 4% of amount of\nany delinquency after 15 days for MS; Up to $7.00 for CA; Up to the greater of\n$7.20 or 5% of unpaid payment after 10 days, not to exceed $18.00 in SC; Up\nto the greater of $7.80 or 5% of amount of the payment after 10 days for MN;\nUp to 10% of payment amount after 10 days for WA; Up to the lesser of 10% of\noutstanding balance or $10.00 after 15 days in default for MA; Up to the greater\nof 5% of installment or $15.00 after 7 days for KY; Up to $15.00 after 10 days for\nCO, DC, FL and LA; Up to the lesser of 5% of payment due or $15.00 after 10 days\nfor TX; Up to the greater of 5% of minimum required payment or $15.00 after\n10 days for OH and ID; Up to the greater of 5% of minimum payment or $15.00\nafter 15 days for MO; Up to the greater of $15.00 or 5% of amount past due for\nMI and MT; Up to $15.00 for IA; Up to the greater of $18.00 or 5% of payment in\ndefault after 10 days in AL; Up to $18.50 after 10 days for IN; Up to the greater of\n$20.00 or 10% of payment after 15 days in PA; Up to the greater of $24.50 or 5%\nof payment after 10 days for OK; Up to $25.00 for AA, AE, AK, AP, AR, AZ, DE, GA,\nHI, IL, KS, MD, ND, NE, NH, NJ, NM, NV, OR, RI, SD, TN, UT, VI, VT and WI.\n\nAccount: the relationship established between you and us by\nthis Agreement.\nAPR: annual percentage rate.\nCard: one or more Cards or other Account access devices, including\nAccount numbers that we issue to you to obtain credit under this\nCardmember Agreement.\nCash Advance: an advance that is charged to your Account with\nor in connection with the Card, including obtaining funds through\nan automated teller machine (ATM), banking site or financial institution;\nmaking a wire transfer; obtaining a money order, traveler\xe2\x80\x99s check, lottery\nticket, casino chip or similar item; or engaging in a similar transaction.\nPurchase: a Purchase is the use of your Card or Account to buy or lease\nproducts or services. The Purchase of cash or cash equivalents, like casino\nchips or lottery tickets, is a Cash Advance, not a Purchase.\nSecured Card Collateral: The funds that you remit to us and\npledge as security for this Account to be held by us as provided\nin this Agreement.\nTRANSACTION FEES \xe2\x80\x93 FINANCE CHARGES\nTransaction Fees and APRs: If you are assessed a transaction fee for a\nPurchase made in a foreign currency or a Cash Advance, the transaction fee\nmay cause the APR on your billing statement on which the transaction first\nappears to exceed your normal APR.\nAnnual Fee: Your Account has an Annual Fee of $29.00, unless a lower state\nlaw limit applies, in which case the fee shall be the largest amount allowable\nunder state law. This fee will be charged on the first periodic statement you\nreceive. The Annual Fee will then be charged on or about the same day every\nyear thereafter. State law limits include, but are not limited to: Up to $12.00 in\nMS; Up to $20.00 in KY and NV; Up to $20.00 in lieu of transaction fees in IL;\nUp to $24.00 in NC; Up to $25.00 in FL; Up to the lesser of 1% of loan amount\nor $29.00 for NY.\nInterest does not accrue on this fee.\nForeign Transaction Fee: When you make a transaction outside of the United\nStates, a fee equal to 1% of the converted transaction amount will be applied to\nyour Account, unless state law limits the amount we can charge, in which case\nthe fee shall be the largest amount allowable under state law. State law limits\ninclude, but are not limited to: No fee for CO and NV; Up to the lesser of 1% or\n$10.00 for IN.\n\nReturned Payment Fee: We may add a fee as outlined below to your Account\nif a payment check or similar instrument is not honored or returned because it\ncannot be processed, or if an automatic debit is returned unpaid. We may assess\nthis fee every time your check or payment is not honored, as permitted by law.\nNo fee for WY; Up to $10.00 for NV; Up to $15.00 after 2nd presentment for MD;\nUp to $20.00 for CT, FL, ID, NY, OH and OR; Up to the greater of $20.00 or 5% of\namount due for IA; Up to $25.00 if check remains unpaid for 15 days after notice\nof dishonor is sent for MS; Up to $25.00 for AA, AE, AK, AL, AP, AR, AZ, CA, CO,\nDC, DE, HI, IL, IN, KS, KY, LA, MA, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ, NM,\nOK, PA, RI, SC, SD, TN, TX, UT, VA, VI, VT, WA, WI and WV; Up to $25.00 or 5% of\ncheck amount for GA.\nCredit Card Replacement Fee: We may add a fee to your Account if you request\na replacement credit Card. This fee is based on the delivery type you request.\nThe fee is $5.00 for standard delivery; $25.00 if you request a replacement be\ndelivered two (2) days after your request; $65.00 if you request a non-emergency\ndelivery shipped via FedEx one (1) day after your request; or $105.00 if you\nrequest an emergency Card replacement which is shipped at time of request\nwhen it is sent via an overnight delivery service. Rush card fees do not apply to\nthe following states: OK and WY.\nRush PIN Fee: We may add a $10.00 fee to the Purchase balance if you request\nyour PIN rush-delivered to you via FedEx. Rush PIN fees do not apply to the\nfollowing states: OK and WY.\n\nDocument Copy Fee: We may add a $15.00 fee to your Account if you request a\ncopy of a sales slip, refund slip, Cash Advance slip or travel and entertainment (T\n\n\x0c& E) draft. Document copy fees do not apply to the following states: IN, OK and WY.\n\nStatement Copy Fee: We may add a $5.00 fee to your Account if you request a\ncopy of a billing statement. Statement Copy fees do not apply to the following\nstates: OK and WY.\nResearch Fee: We may add a fee to your Account for time we spend to research\nan item regarding your Account at your request. The fee is $15.00 per hour.\nResearch fees do not apply to the following states: OK and WY.\nYOUR ACCOUNT\nAuthorized Users: You may allow authorized users to use your Account. You\nmay request additional Cards for authorized users. You must pay us for all\ncharges made by authorized users, even if you did not intend to be responsible\nfor those charges. If you revoke permission for an authorized user to use a\nCard or to use your Account, you must notify us for the revocation to\nbe effective.\nRevolving Credit Line: Your initial revolving credit line appears on the Card\ncarrier and your Welcome Letter. Part of your revolving credit line, called the\nCash Advance limit, is available for Cash Advances. Your Cash Advance limit\nappears on your Welcome Letter. We may permit you to incur charges that\ncause your New Balance to exceed your revolving credit line. These charges\nwill be evaluated based on account performance, information contained on\ncredit bureau reports we review periodically and other credit accounts with\nus. If we authorize these charges, you must pay, as part of your Minimum\nPayment Due, the amount by which your New Balance exceeds your revolving\ncredit line, including amounts due to Purchases, Cash Advances, finance\ncharges, fees or other charges.\nContact Information: You must notify Cardmember Service of a change in\naddress or other contact information, including state of residence, by calling\n888.4.ATIRA.1 (888.428.4721), mailing ATIRAcredit, P.O. Box 14542, Des\nMoines, IA 50306-3542 or emailing info@ATIRAcredit.com. (Please note: this\nemail address is not secure; please do not include your account information.\nTo discuss account-specific information, please call Cardmember Service.)\nBilling Statement: You shall receive a periodic billing statement in accordance\nwith applicable law if your Account has a debit or credit balance of more\nthan $1 or a finance charge has been imposed during that billing cycle. If we\ndeem your Account uncollectible or institute collection proceedings through\nan outside agency or attorney, we may stop sending you statements. Periodic\nfinance charges and fees may continue to accrue even if we stop\nsending statements.\nThe total amount you owe us appears as the New Balance on the billing\nstatement. To determine the New Balance we begin with the total balance at\nthe start of the billing period. We add any Purchases or Cash Advances and\nsubtract any credits or payments credited as of that billing period. We then\nadd any periodic finance charges or fees and make other adjustments.\nOur Communications With You: If we need to contact you to service your\nAccount or to collect amounts you owe, you authorize us (and our affiliates,\nagents and contractors) to contact you at any number you provide, from which\nyou call us or at which we believe we can reach you. We may contact you in\nany way, such as calling or texting. We may contact you using an automated\ndialer or prerecorded messages. We may contact you on a mobile, wireless or\nsimilar device, even if you are charged for it.\nAPRs\nAPRs Based on Prime: We calculate any APR based on the U.S. Prime Rate\n(\xe2\x80\x9cPrime Rate\xe2\x80\x9d) by adding a margin to the Prime Rate. Your margin is identified\nin the Welcome Letter you receive from us. Your APRs are variable and may\nincrease or decrease if the Prime Rate increases or decreases. For each billing\nperiod, we use the Prime Rate published in The Wall Street Journal ten (10)\nbusiness days prior to your statement closing date. If The Wall Street Journal\ndoes not publish the Prime Rate, we may substitute a similar published rate.\nA change in the APR due to a change in the Prime Rate takes effect as of the\nfirst day of the billing period for which we calculate the APR. We apply the new\napplicable APR to any existing balances, subject to any promotional rates that\nmay apply.\nEffect of APR Increases: If the APR on your Account increases in accordance\nwith this Agreement and as permitted by law, interest charges and your\nminimum payment may increase.\nPenalty Rate: We do not charge a penalty rate.\n\nFINANCE CHARGES\nInterest Charges: Interest charges are a finance charge added to\nyour Account when we apply the applicable APR to the balances on\nyour Account.\nWhen Interest Charges Begin to Accrue: Interest begins to accrue on\nPurchases, Cash Advances and any minimum interest charges from the date it\nis added to the daily balance and continues to accrue until payment in full is\ncredited to your Account.\nYour Payment Due Date is at least 25 days after the close of each billing\ncycle. We will not charge you interest on Purchases that appear on your\nbilling statement if you pay the New Balance on your statement in full by the\nPayment Due Date.\nFor a Cash Advance, we will begin charging interest on the transaction date.\nHow We Calculate Your Balance and Interest Charges:\nWe calculate the interest charge separately for each Balance Subject to\nInterest rate, including for Purchases at the current rate, Cash Advances at the\ncurrent rate and transactions at different promotional rates, as applicable. Your\nbilling statement shows each Balance Subject to Interest Rate.\nWe figure the interest charge on your Account by applying the periodic rate\nto the \xe2\x80\x9caverage daily balance\xe2\x80\x9d of Purchases and Cash Advances. The average\ndaily balances for Purchases and Cash Advances are calculated separately\nand determined as follows: To get the \xe2\x80\x9caverage daily balance\xe2\x80\x9d we take the\nbeginning balance of your Account for each Balance Subject to Interest Rate\neach day, add any new transactions in that category (which may include\nPurchases / Cash Advances) and subtract any unpaid interest or other finance\ncharges and any payments or credits. This gives us the daily balance. Then, we\nadd up all the daily balances (for that Balance Subject to Interest Rate) for the\nbilling cycle and divide the total by the number of days in the billing cycle. This\ngives us the \xe2\x80\x9caverage daily balance\xe2\x80\x9d for each Balance Subject to Interest Rate.\nFor each Balance Subject to Interest Rate, we multiply the average daily\nbalance by the applicable periodic rate. The periodic rate referenced in your\nWelcome Letter is a \xe2\x80\x98monthly\xe2\x80\x99 periodic rate and is calculated by dividing the\nAPR on the Account by twelve (12). A billing period begins on the day after\nthe Statement Closing Date of the previous billing period and includes the\nStatement Closing Date of the current billing period.\nMinimum Interest Charge: If you are charged interest, the charge will be no\nless than $0.50. If in NC, no charge.\nPAYMENTS\nMinimum Payment Due: Each month your statement balance is greater than\n$0, you must pay at least the Minimum Payment Due by the Payment Due\nDate. To calculate the Minimum Payment Due, we begin with any past due\namount and add any amount in excess of your revolving credit line. We then\napply the minimum payment disclosed in your Welcome Letter.\nThe Minimum Payment Due never exceeds the New Balance.\nIn calculating the Minimum Payment Due, we may subtract from the New\nBalance certain fees added to your Account during the billing period.\nApplication of Payments: Each billing period, to the extent your payment\nexceeds the Minimum Payment Due shown on your current billing statement,\nwe will apply the excess amount to the balance of each transaction category\nbeginning with the balance subject to the highest APR. Otherwise, we will\napply payments and credits at our discretion. In all cases, we will apply\npayments and credit in accordance with applicable law.\nPayment Instructions: Payments are credited in accordance with the payment\ninstructions on the billing statement. Payments received in proper form\nonline, at your financial institution or at our processing facility by 5 p.m. local\ntime on any day will be credited as of that day. Payments received online, at\nyour financial institution or at our processing facility after 5 p.m. local time\nwill be credited as of the next day. You must pay us in U.S. dollars using a\ncheck, similar instrument or automatic debit that is drawn on and honored\nby a financial institution in the U.S. Do not send cash. We can accept late or\npartial payments, and payments that reflect \xe2\x80\x9cpaid in full\xe2\x80\x9d or other restrictive\nendorsements, without losing our rights. We reserve the right to accept\npayments made in foreign currency and instruments drawn on funds on\ndeposit outside the U.S. If we do, we select the currency conversion rate at\nour discretion and credit your Account in U.S. dollars after deducting any costs\nincurred in processing your payment, or we may bill you separately for\nsuch costs.\n\n\x0cForeign Currency Conversion Procedures: If you make a transaction in a\nforeign currency, other than a Cash Advance made at your financial institution\nor ATM of one of our affiliates, Mastercard\xc2\xae converts the amount into U.S.\ndollars as follows: Mastercard complies with its foreign currency conversion\nprocedures then in effect. Mastercard currently uses a conversion rate in\neffect one day prior to its transaction processing date. Such a rate is either a\nwholesale market rate or the government mandated rate.\nThe foreign currency conversion rate in effect on the applicable processing\ndate for a transaction may differ from the rate in effect on the Transaction or\nPost Date on your billing statement for that transaction.\nIf a transaction is converted by a third party prior to such transaction being\nprocessed by Mastercard, the foreign currency conversion rate for that\ntransaction will be the rate selected by that third party.\nCREDIT REPORTING\nWe may report information about your Account to credit reporting agencies.\nLate payments, missed payments or other defaults on your Account may\nappear on your credit report. If you request Cards on your Account for others,\nwe may report account information in the names of those other people as\nwell. We may also obtain subsequent credit reports on you (for example,\nwhen we review your Account for a revolving credit line increase). If you wish\nto know which agencies we contacted, write us at the Cardmember Service\naddress on your billing statement.\nIf you think we reported erroneous information to a credit reporting agency,\nwrite us at the Cardmember Service address on your billing statement. We\nwill promptly investigate the matter and if we agree with you, we will contact\neach credit reporting agency to which we reported and request a correction.\nIf, after our investigation, we disagree with you, we will tell you in writing or by\ntelephone how to submit a statement to those agencies for inclusion in your\ncredit report.\nCHANGES TO THIS AGREEMENT\nWe may change the rates, fees and terms of this Agreement at any time for\nany reason, as permitted by law. Further, we may be compelled to change the\nrates, fees and terms of this Agreement if you change your state of residence.\nWe will provide you notice of changes as required by law. Any changes to this\nAgreement are binding on you.\nDEFAULT\nYou will be in default under this Agreement if you fail to pay the Minimum\nPayment Due by its due date; pay by a check or similar instrument that is\nnot honored or that we must return because it cannot be processed; pay\nby automatic debit that is returned unpaid; make any false or misleading\nstatements in any credit application or credit update; file for bankruptcy;\nclose your Secured Card Collateral Account without also closing and paying\nthe remaining balance of this Account; or die. You will also be in default if you\nfail to comply with the terms of this Agreement or any other Agreement you\nhave with us. If you default, we may close your Account, exercise any security\ninterest we have, including the security interest in the Secured Card Collateral\nAccount, and require you to pay any unpaid balance immediately, subject to\napplicable law.\nAUTHORIZATIONS, CLOSED ACCOUNTS\nAND RELATED PROVISIONS\nAuthorizations: We do not guarantee authorization of a transaction, either\nby us or by a third party, even if you have sufficient credit available. We\nreserve the right to deny certain transactions for any reason and at our sole\ndiscretion, including for default, suspected fraudulent or unlawful activity,\ninternet gambling or any indication of increased risk related to the transaction\nor the Account. You agree that we will not be liable for failing to give an\nauthorization. We also reserve the right to limit the number of transactions\nthat may be approved in one day. If we detect unusual or suspicious activity,\nwe may suspend your credit privileges until we can verify the activity, or we\nmay close the Account.\nPreauthorized Charges: If you default, if the Card is lost or stolen or we change\nthe Account for any reason, we may suspend automatic charges with third\nparty vendors. If preauthorized charges are suspended, you are responsible\nfor making direct payment for such charges until you contact the third party to\nreinstate the automatic charges.\nLost or Stolen Cards or Account Numbers: If any Card or Account number\nis lost or stolen or if you think someone used or may use them without\npermission, call Cardmember Service immediately at 888.4.ATIRA.1. We may\nrequire you to provide certain information in writing to help us find out what\nhappened and to comply with our investigation. You must identify for us the\n\ncharges that were not made by you, or someone not authorized by you and\nfrom which you received no benefit. You will not be liable for any unauthorized\nuse that occurs after your notify us. You may be liable for unauthorized use\nthat occurs before your notice to us. However, if you exercise reasonable care\nin safeguarding your card from risk of loss or theft and, upon discovering the\nloss or theft promptly report the loss or theft to us, you will not be liable for\nany unauthorized transactions. In any case, your liability will not\nexceed $50.00.\nClosing Your Account: You may close your Account by notifying us in writing\nor calling the Cardmember Service number shown on your billing statement or\non the back of your credit Card but must still repay the total balance remaining\non the Account (identified as \xe2\x80\x9cNew Balance\xe2\x80\x9d on your statement) in accordance\nwith this Agreement. We may close your Account or suspend Account\nprivileges at any time for any reason without prior notice. We may also reissue\na different Card at any time. You must return any Card to us upon request.\nSee \xe2\x80\x9cSecurity Interest In Secured Card Collateral\xe2\x80\x9d section for provisions on the\nreturn of any available collateral upon the closing of your account.\nSecurity Interest In Secured Card Collateral Account: You authorize us to\nhold your Secured Card Collateral in an account at a federally-insured deposit\ninstitution. You agree to remit a deposit for the Secured Card Collateral\nand to maintain the minimum balance provided in the Welcome Letter. In\nconsideration of us issuing you this account, you pledge, grant and assign to us\na security interest in the Secured Card Collateral. This security interest includes\nall renewals, additions to, and proceeds in the Secured Card Collateral. You\nagree that this security interest, pledge, and assignment gives us the exclusive\nright to draw from the Secured Card Collateral any part or the full amount\nyou owe us under this Agreement. You may not use, transfer, or grant another\nsecurity interest in the Secured Card Collateral while it secures this Account.\nThe Secured Card Collateral will not earn any interest. This security interest,\npledge, and assignment is given as security for any and all amounts you may\nowe, including but not limited to interest, fees and charges which may accrue\nunder the Account. You agree that if this Account is closed for any reason, the\nSecured Card Collateral will be used to pay off any balance on this Account. If\nthere are still funds remaining in the Secured Card Collateral after doing so,\nthese funds may remain on deposit for up to 60 days before being remitted\nto you.\nWHAT TO DO IF THERE IS AN ERROR IN YOUR BILL\nYour Billing Rights: Keep This Document For Future Use\nThis notice tells you about your rights and our responsibilities under the Fair\nCredit 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:\nATIRAcredit, P.O. Box 14542, Des Moines, IA 50306-3542.\nIn your letter, give us the following information:\n\xe2\x80\xa2 Account information: Your name and Account number.\n\xe2\x80\xa2 Dollar amount: The dollar amount of the suspected error.\n\xe2\x80\xa2 Description of problem: If you think there is an error on your bill, describe\nwhat you believe is wrong and why you believe it is a mistake.\nYou must contact us:\n\xe2\x80\xa2 Within 60 days after the error appeared on your statement.\n\xe2\x80\xa2 At least 3 business days before an automated payment is scheduled, if you\nwant 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\ndo we are not required to investigate any potential errors and you may have to\npay 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\nyour 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\nexplain to you why we believe the bill is correct.\nWhile we investigate whether or not there has been an error:\n\xe2\x80\xa2 We cannot try to collect the amount in question, or report you as delinquent\non that amount.\n\xe2\x80\xa2 The charge in question may remain on your statement, and we may continue\nto charge you interest on that amount.\n\xe2\x80\xa2 While you do not have to pay the amount in question, you are responsible\nfor the remainder of your balance.\n\xe2\x80\xa2 We can apply any unpaid amount against your credit limit.\n\n\x0cAfter we finish our investigation, one of two things will happen:\n\xe2\x80\xa2 If we made a mistake: You will not have to pay the amount in question or\nany interest or other fees related to that amount.\n\xe2\x80\xa2 If we do not believe there was a mistake: You will have to pay the amount\nin question, along with applicable interest and fees. We will send you a\nstatement of the amount you owe and the date payment is due. We may\nthen report you as delinquent if you do not pay the amount we think\nyou owe.\nIf you receive our explanation but still believe your bill is wrong, you must\nwrite 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\nquestioning 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\nthe matter has been settled between us.\nIf we do not follow all of the rules above, you do not have to pay the first\n$50.00 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\nyour credit Card and you have tried in good faith to correct the problem with\nthe merchant, you may have the right not to pay the remaining amount due\non 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\nof your current mailing address, and the Purchase price must have been\nmore than $50.00. (Note: Neither of these are necessary if your Purchase\nwas based on an advertisement we mailed to you, or if we own the\ncompany that sold you the goods or services.)\n2. You must have used your credit Card for the Purchase. Purchases made\nwith Cash Advances from an ATM or with a check that accesses your\nAccount 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\nPurchase, contact us in writing at ATIRAcredit, P.O. Box 14542, Des Moines, IA\n50306-3542.\nWhile we investigate, the same rules apply to the disputed amount as\ndiscussed 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,\nwe may report you as delinquent.\nDISPUTE RESOLUTION\nAny dispute, controversy or claim arising under or otherwise in connection\nwith this Agreement (including any breach, termination, validity or\nenforceability of any provision hereof) (a \xe2\x80\x9cDispute\xe2\x80\x9d) shall be resolved as\nfollows: Either Party may submit the Dispute to non-binding mediation\nin the State of Iowa, in accordance with the Rules of Arbitration then\nprevailing of the American Arbitration Association (the \xe2\x80\x9cRules\xe2\x80\x9d). The Parties\nwill mutually agree upon the mediator. If the Parties are unable to agree\nupon the mediator, the mediator will be selected by the Des Moines, Iowa\noffice of the American Arbitration Association. If the Dispute is not resolved\nthrough mediation within ten (10) business days after the conclusion of the\nHearing (as defined below), the Dispute may be submitted to arbitration in\nDes Moines, Iowa for resolution by final and binding arbitration by a sole\narbitrator under the Rules, upon written notice of demand for arbitration\nby the Party seeking arbitration, setting forth the specifics of the matter in\ncontroversy or the claim being made.\n\nEnforcing this Agreement: We can delay in enforcing or fail to enforce any of\nour rights under this Agreement without losing them.\nCollection Costs: If we refer collection of your Account to a lawyer who is not\nour salaried employee, you are liable for any reasonable attorney\xe2\x80\x99s fees we\nincur, plus the costs and expenses of any legal action, to the extent applicable\nby law.\nAssignment: We may assign any or all of our rights and obligations under this\nAgreement to a third party.\nCalifornia Residents: A married applicant may apply for a separate account.\nApplicants: 1) may, after credit approval, use the credit card account up to its\ncredit limit; 2) may be liable for amounts extended under the plan to any joint\napplicant. As required by law, you are hereby notified that a negative credit\nreport reflecting on your credit record may be submitted to a credit reporting\nagency if you fail to fulfill the terms of your credit obligations.\nConnecticut Residents: This is an open-end loan being made pursuant to\nConnecticut Statutes Sections 36a-555 to 573.\n\nFlorida Residents: You (borrower) agree that, should we obtain a judgment\nagainst you, a portion of your disposable earnings may be attached or\ngarnished (paid to us by your employer), as provided by Florida and\nFederal law.\nMissouri Residents: Oral agreements or commitments to loan money,\nextend credit or to forbear from enforcing repayment of a debt including\npromises to extend or renew such debt are not enforceable. To protect you\n(borrower(s)) and us (creditor) from misunderstanding or disappointment,\nany agreements we reach covering such matters are contained in this\nwriting, which is the complete and exclusive statement of the agreement\nbetween us, except as we may later agree in writing to modify it.\nNew York Residents: We may obtain a credit report in connection with\nthis Account, including for any review, modification, renewal or collections\nassociated with this Account. Upon your request, you will be informed\nwhether such report was requested and, if so, the name and address of the\nconsumer reporting agency furnishing the report. New York residents may\ncontact the New York State Banking Department at 877.226.5697 to obtain a\ncomparative listing of credit card rates, fees and grace periods.\nOhio Residents: The Ohio laws against discrimination require that all creditors\nmake credit equally available to all creditworthy customers and that credit\nreporting agencies maintain separate credit histories on each individual upon\nrequest. The Ohio Civil Rights Commission administers compliance with\nthis law.\nSouth Dakota Residents: If you believe there have been any improprieties in\nmaking this loan or in the lender\xe2\x80\x99s loan practices, you may contact the South\nDakota Division of Banking at\n1601 N. Harrison Ave, Suite 1, Pierre, SD 57501, or by phone\nat 605.773.3421.\nWisconsin Residents: If you are married, please contact us immediately upon\nreceipt of this Agreement at 888.4.ATIRA.1 and provide us with the name and\naddress of your spouse. We are required to inform your spouse that we have\nopened a credit account for you.\nFOR FURTHER INFORMATION\nCall Cardmember Service at 888.4.ATIRA.1. This number is also shown on your\nbilling statement and on the back of your Card.\n\n\xe2\x80\x9cHearing\xe2\x80\x9d means a hearing before the mediator during which each Party\npresents its position regarding the Dispute.\nAPPLICABLE LAW AND ENFORCING OUR RIGHTS\nApplicable Law: The terms and enforcement of this Agreement shall be\ngoverned by federal law and the law of Iowa.\nArmed Forces: Federal law provides important protections to members of the\nArmed Forces and their dependents relating to extensions of consumer credit.\nIn general, the cost of consumer credit to a member of the Armed Forces and\nhis or her dependent may not exceed an annual percentage rate of 36 percent.\nThis rate must include, as applicable to the credit transaction or account: The\ncosts associated with credit insurance premiums; fees for ancillary products sold\nin connection with the credit transaction; any application fee charged (other\nthan certain application fees for specified credit transactions or accounts); and\nany participation fee charged (other than certain participation fees for a credit\ncard account). To hear this disclosure orally, please call 844.697.2550.\n\nThe ATIRAcredit\xe2\x84\xa2 Card is issued pursuant to a license by Mastercard\nInternational Incorporated. Mastercard and the Mastercard Brand Mark are\nregistered trademarks of Mastercard International Incorporated.\n\xc2\xa92017, TMG Financial Services, Inc. ATIRA\xc2\xae is a registered service mark\nand ATIRAcredit\xe2\x84\xa2 is a service mark of The Members Group, LLC.\n\n\x0c'