In  no  event  will  the  late  payment  fee  exceed  the  amount 
of 
the  applicable 
statement  period.

the  minimum  payment  due 

for 

We  will  charge  you  a 
returned  payment  fee  each  time  you  send  us  a  payment 
that  is  returned  unpaid  for  any  reason.  We  will  charge 
you  this  fee  each  time  any  payment  is  returned  unpaid, 
even  if  it  is  paid  upon  resubmission.  The  amount  of  the 
the  Additional 
is  set 
returned  payment 
Disclosure.  In  no  event  will  the  returned  payment  fee 
exceed  the  amount  of  the  minimum  payment  due  for  the 
applicable  statement  period.

forth 

fee 

in 

an  Over  the  Credit  Limit  Fee  when  using  your  Card.

FEE:  You  will  not  be  charged 

TRANSFER  FEE:  You  will  not  be  charged  a 

Balance  Transfer  Fee.

ADDITIONAL  CARD:  We  will  charge  you  a  fee  for  the 
FedEx  delivery  of  your  card  as  set  forth  in  the  Additional 
Disclosure.

telephone 
request 
to  make  a  payment,  we  will  charge  a 
Telephone  Payment  fee  as  set  forth  in  the  Additional 
Disclosure.

you  make  a 

If 

All  payments  made  on 
your  Account  at  the  address  designated  for  payment  on 
the  monthly  periodic  statement,  or  made  to  a  member 
service  representative  at  any  of  our  branch  offices  will 
be  credited  to  your  Account  on  the  date  of  receipt.  If  the 
date  of  receipt  for  a  mailed  payment  or  a  payment  made 
is  not  a  business  day,  your 
at  a  branch  drop  box 
payment  will  be  credited  on 
first  business  day 
following  receipt.  The  required  minimum  payment  for  your 
Account  will  be  applied  first  to  collection  costs,  then  to 
any 
  and  other  fees  due,  and  then 
to  the  unpaid  principal  balance. 

the 

If  you 

request  a  balance 
transfer  to  be  made,  you  should  not  rely  on  a  balance 
transfer  to  be  made  by  any  particular  date.  Although 
most  balance  transfers  will  be  made  sooner,  it  could 
take  up  to  three  weeks  before  payment  to  your  other 
Account  is  made.  Accordingly,  you  should  continue  to 
make  all  required  payments  on  your  other  accounts  until 
you  confirm  that  the  balance  transfer  has  been  made. 
Balance  transfers  may  not  exceed  your  available  credit. 
Balance  transfer  requests  will  be

If  you  want  to  close  your  other accounts,  you  should 
contact  the  issuer  directly.  Transfer of  a  balance  that 
contains  disputed  purchases  or  other charges  may  cause 
you  to  lose  any  dispute  rights  you may  have  with  regard 
to  those  purchases  or  other charges.  There  is  no  grace 
period  for  balance  transfers.

with  your 

  request  and  use  credit reports, 

report  the  way  you  pay  your  Account  to credit 

CREDIT  INVESTIGATION:  In 
application  for  credit  and,  if  approved,  maintenance  of your 
Account,  you  agree  that  we  have  the  right  to: 
investigate  your  credit  and  employment  history, 
your  credit  references, 
and 
bureaus  and  other  interested  parties.  We  may report  the 
status  and  payment  history  of  your  Account  to the  credit 
reporting  agencies  each  month.  You  are hereby  notified 
that  a  negative  credit  report  reflecting  on your  credit  record 
may  be  submitted  to  a  credit  reporting agency  if  you  fail  to 
fulfill  the  terms  of  this  Agreement. If  you  believe  that  the 
information  we  have  reported  to the  credit  reporting 
agencies  is  inaccurate  or  incomplete, please  notify  us  in 
writing  at 

The  Credit  Union  may  issue 

CONVENIENCE 
checks  at  our  discretion  that  may  be  used  for  any purpose 
other  than  making  payment  for  credit  to  your Account.  By 
signing  such  checks,  you  authorize  us  to pay  the  item  for 
the  amount  indicated  and  post  such amount  as  a  cash 
advance  to  your  Account.  We  do  not have  to  pay  any  item 
that  would  cause  the  outstanding balance  in  your  Account 
to  exceed  your  credit  limit.

ILLEGAL  TRANSACTIONS:  You  may  not  use  your  Card or 
Account  for  any  illegal  purpose  or  unlawful transactions. 
You  agree  that  we  may  decline  to  process any  transaction 
that  we  believe  in  good  faith  to  be  for an  illegal  purpose. 
You  agree  that  we  will  not  be  liable for  declining  to 
process  any  such  transaction.  If  we  do process  any 
transaction  that  ultimately  is  determined  to have  been  for 
an  illegal  purpose,  you  agree  that  you will  remain  liable  to 
us  under  this  Agreement  for  any such  transaction 
notwithstanding  its  illegal  nature.  You agree  that  any  illegal 
use  of  the  Card  will  be  deemed an  act  of  default  under 
this  Agreement.  You  further agree  to  waive  any  right  to 
take  legal  action  against  us for  your  illegal  use  of  the  Card 
and  to  indemnify, defend,  and  hold  us  harmless  from  and 
against  any lawsuits,  other  legal  action,  or  liability  that 
results  directly or  indirectly  from  such  illegal  use.

FOREIGN  TRANSACTIONS:  If  you  effect  a  foreign 
transaction

selected 

by  MasterCard  International 

the 
rate 
applicable  currency  on 
is 
processed,  which  rate  may  differ  from  the  applicable 
rate  on  the  date  the  transaction  occurred  or when the 
transaction is posted to your Account.

the  transaction 

the  day 

for 

Notice:  Read  and  retain  this  copy  of  your  Credit  Card 
Agreement and Disclosure Statement for future reference.

Disclosure 

Statement 

((cid:147)Agreement(cid:148)) 

This Agreement and 
your 

covers 

Card. (cid:147)We,(cid:148) (cid:147)our,(cid:148) (cid:147)us(cid:148) and (cid:147)Credit Union(cid:148) mean Texas Dow 
Employees  Credit  Union  (TDECU),  the  issuer  of  your 
MasterCard. The (cid:147)Card(cid:148) means any credit card issued to you 
or  those  designated  by  you  under  the  terms  of  this 
Agreement. (cid:147)Use of the Card(cid:148) means any procedure used by 
you, or someone authorized by you, to make a purchase or 
an  advance  whether  or  not  the  purchase  or  advance  is 
evidenced by a signed written document. (cid:147)Unauthorized use 
of  the  Card(cid:148)  means  the  use  of  the  Card  by  someone  other 
than  you  who  does  not  have  actual,  implied,  or  apparent 
authority  for  such  use,  and  from  which  you  receive  no 
benefit. In this Agreement, any plural terms shall be deemed 
singular and any singular terms shall be deemed plural when 
context and construction so require.

CONSENSUAL SECURITY INTEREST: You agree to give 
the Credit Union a security interest in any and all funds on 
deposit  in  accounts  in  which  you  have  an  ownership 
interest,  both  now  and  in  the  future,  with  the  exception  of 
retirement accounts or any other accounts that would lose 
special tax treatment under state or federal law if given as 
security. The granting of this security interest is a condition 
for the issuance of any Card that you may use, directly and 
indirectly, 
this 
Agreement.  This  means  that,  if  you  are  in  default,  the 
Credit  Union  can,  without  prior  notice  to  you,  take  funds 
from  any  eligible  account(s) 
in  which  you  have  an 
ownership interest and apply them as a credit against your 
credit card Account in any amount available up to the entire 
balance. Collateral securing other loans you have with the 
Credit Union may also secure this loan.

to  obtain  extensions  of  credit  under 

EXTENSION OF CREDIT: The Credit Union has established 
a MasterCard Account in your name and one or more Cards 
will be issued to you or to those designated by you. By use 
of the Card or the Account you authorize the Credit Union to 
pay  for  your  Account  all  items  reflecting  credit  purchases 
and cash advances (including balance transfers).

to 

understand 

the  State  of  Texas 

that 
the 
this  Agreement 

ADDITIONAL  PROVISIONS:  Each  provision  of 
this 
Agreement must be considered part of the total Agreement 
and cannot in any way be severed from it. However, if any 
provision of this Agreement is finally determined to be void 
or unenforceable under any law, rule, or regulation, all other 
this  Agreement  will  remain  valid  and 
provisions  of 
validity, 
enforceable.  You 
is 
construction,  and  enforcement  of 
governed  by  the  laws  of 
the 
extent  not  preempted  by applicable  federal  law,  and  it 
is  performable  in  Brazoria  County,  Texas.  We  do  not 
warrant  any  merchandise  or  services  purchased  by  you 
with  the  Card.  All  purchases  and  cash  advances  are 
extended  at  the  option  of  the  merchant  or  cash  advancing 
financial institution and the Credit Union is  not  responsible 
for  the  refusal  of  any  merchant  or financial  institution 
to  honor  your  Card.  The  Card  remains  our  property  at 
all  times  and  you  agree  to  immediately  surrender  the 
Card  upon  demand.  You  agree  to  pay  all  reasonable 
costs  of  collection,  including  court  costs  and  attorney(cid:146)s 
fees,  and  any  costs  incurred  in  the  recovery  of  the 
Card.  We  can  accept 
late  payments  or  partial 
payments,  or  checks  or  money  orders  marked  (cid:147)payment 
this 
in  full(cid:148)  without 
Agreement.  We  can  also  waive  or  delay  enforcing  any 
of  our  rights  under  this  Agreement  without  losing  them. 
You  expressly  waive 
payment, 
demand,  protest,  and  notice  of  protest  and  dishonor  of 
same.  You  agree  to  give  us  prompt  notice  of  any 
change 
telephone 
in  your  name,  mailing  address, 
number or place of employment.

losing  any  of  our  rights  under 

presentment 

for 

RECEIPT  OF  AND  AGREEMENT  TO  TERMS  AND 
CONDITIONS OF AGREEMENT: By signing an application 
for the Card or by using the Card, you agree to all the terms

5

 
JOINT  APPLICANT  LIABILITY:  If  more  than  one  person 
signs  the  application,  each  of  you  shall  be  jointly  and 
individually liable to us for all charges made to the Account, 
including applicable fees. In addition, you agree that each of 
you  designates  the  other  as  agent  for  the  purpose  of 
making purchases extended under this Agreement and each 
use  of  your  Account  shall  be  an  extension  of  credit  to  all. 
Notice  to  one  of  you  shall  constitute  notice  to  all.  Any 
cardholder  may  close  the  Account  at  any  time  by  notifying 
us  in  writing.  However,  removal  from  the  Account  does  not 
release you from any liability already incurred.

CARD  SIGNATURE  PANEL:  Upon  receipt  of  your  new  or 
reissued  Card,  you  must  sign  the  signature  panel  on  the 
back  of  the  Card.  If  the  signature  panel  is  not  signed, 
merchants are not required to accept your Card.

OTHERS  USING  YOUR  ACCOUNT:  If  you  allow  anyone 
else  to  use  your  Account,  you  will  be  liable  for  all  credit 
extended to such persons, even if that person exceeds your 
permission.  You  promise  to  pay  for  all  purchases,  balance 
transfers,  and  cash  advances  made  by  anyone  you 
authorize to use your Account, whether or not you notify us 
that he or she will be using it. If someone else is authorized 
to  use  your  Account  and  you  want  to  end  that  person’s 
privilege, you must notify us in writing, and if he or she has 
a Card, you must return the Card with your written notice for 
it to be effective.

LIABILITY  FOR  UNAUTHORIZED  USE:  You  may  be  liable 
for the unauthorized use of your Card. If you notice the loss 
or theft of your Card or a possible unauthorized use of your 
Card, you should call us immediately at:

(877) 404-1009

You may also write us at:

TDECU
P O Box 31281
Tampa, Florida 33631-3281

Although  you  may  write  to  notify  us  of  unauthorized  use, 
calling us immediately at the telephone number above is the 
best way to keep your possible losses down.

You  are  not  liable  for  any  unauthorized  use  of  your 
MasterCard  once  you  notify  us  orally  or  in  writing  and  as 
long  as  you  meet  the  following  criteria:  (1)  you  have 
exercised reasonable care with your Card; (2) you have not 
reported  two  or  more  incidents  of  unauthorized  use  of  your 
Card  within  the  previous  12  months;  and  (3)  you  have 
maintained  your  Account  in  good  standing.  MasterCard’s 
zero  liability  policy  does  not  apply  to  cash  advances 
obtained at an ATM.

CREDIT LIMIT: We assign a credit limit to your Account. We 
will    notify  you  of  the  credit  limit  when  the  Card  is  sent  to 
you. You promise that payments we make for your Account 
resulting  from  use  of  the  Card  will  at  no  time  cause  the 
outstanding balance of

your  Account  to  exceed  your  credit  limit  as  established  by 
us  or  as  adjusted  from  time  to  time  at  our  discretion. 
Notwithstanding  the  foregoing,  in  our  discretion  we  may 
choose  to  approve  a  transaction  you  have  requested  that 
would  cause  you  to  exceed  your  approved  credit  limit  and 
you will be responsible for such transactions. Each payment 
you  make  on  the  Account  will  restore  your  credit  limit  by 
that amount of the payment which is applied to the principal 
balance of purchases and cash advances. The Credit Union 
has  the  right  to  reduce  or  terminate  your  credit  limit  at  any 
time.

(b) 

PROMISE  TO  PAY:  You  promise  to  pay  us  in  U.S.  dollars 
for  (a)  all  purchases,  cash  advances,  and  balance  transfers 
made  by  you  or  anyone  whom  you  authorize  to  use  the 
Card  or  Account; 
INTEREST  CHARGES  and 
other  charges  or  fees;  (c)  collection  costs  and  attorney’s 
fees  as  permitted  by  applicable 
law,  and  any  costs 
incurred  in  the  recovery  of  the  Card;  and  (d)  credit  in 
excess  of  your  credit limit that we may extend to you. At the 
end  of  each  monthly  billing  cycle  for  which  you  have  a 
balance  on  your  Account,  you  will  be  furnished  with  a 
periodic 
“Previous 
showing 
Balance”  (the  outstanding  balance  in  the Account at the 
beginning  of  the  billing  cycle),  (ii)  the  amount  of  all  cash 
advances,  purchases,  balance 
late  charges, 
INTEREST  CHARGES,  and  other  charges  or  fees  posted 
to  your  Account  during  the  billing  cycle,  (iii)  the amount 
of  all  payments  and  credits  posted  to  your  Account during 
the  billing  cycle,  and  (iv)  the  “New  Balance”  which  is  the 
sum of (i) and (ii) minus (iii).

statement 

transfers, 

the 

(i) 

You  agree  to  pay  on  or  before  the  “Payment  Due  Date” 
shown  on  the  monthly  periodic  statement  the  entire  new 
balance  or  a  minimum  payment  equal  to  2%  of  the  new 
balance  or  $18,  whichever  is  greater,  plus  any  amount 
in  excess  of  the  credit  limit  established  by  us.  If  the 
new balance  is  $18  or  less,  you  agree  to  pay  it  in  full.  You 
may  make  extra  payments  in  advance  of  the  due  date 
without  a  penalty,  and  you  may 
funds 
advanced,  credit  extended,  or  amount  outstanding  at 
If  you 
any  time  without  a penalty 
pay  more 
in  any 
month  and  there  is  still  a  balance  due,  you  must 
continue 
future 
to  make  minimum  payments 
months.  Any  partial  payment  of  your  account  balance 
will  not  advance  your  next  payment  due date(s). 

for  early  payment. 
the  minimum  payment  due 

repay  any 

than 

in 

CREDIT  INSURANCE:  Credit  insurance  is  not  required  for 
any  extension  of  credit  under  the  Agreement.  However,  if 
available,  you  may  purchase  credit 
through 
to 
the Credit  Union  and  have 
the outstanding  balance  in  your  Account.  If  you  elect  to  do 
so,  you  will  be  given 
the  necessary  disclosures  and 
documents separately. 

the  premium  added 

insurance 

TERMINATION  OR  CHANGES:  The  Credit  Union  may  add 
to, delete, or change the terms of this Agreement from time 
to  time.  Notice  of  any  change  will  be  given  in  accordance 
with  applicable  law.  If  permitted  by  law  and  specified  in 
the  notice  to  you,  the  change  will  apply  to  your  existing 
Account balance as well as to

your  future  transactions.  Either  you  or  the  Credit  Union  may 
terminate this Agreement at any time, but termination by you 
or  the  Credit  Union  will  not  affect  your  obligation  to  pay  the 
Account  balance  plus  any  INTEREST  CHARGES  and  other 
charges  you  owe  under  this  Agreement.  You  are  also 
responsible  for  all  transactions  made  to  your  Account  after 
termination,  unless  the  transactions  were  unauthorized.  The 
Cards  and  convenience  checks  you  receive  remain  the 
property  of  the  Credit  Union  and  you  must  surrender  to  the 
Credit  Union  all  Cards  and  convenience  checks  upon 
request  or  upon  termination  of  this  Agreement  whether  by 
you or the Credit Union.

DEFAULT: You will be in default: (1) if you fail to make any 
payment  on  time;  (2)  if  you  fail  to  keep  any  promises  you 
have  made  under  this  or  any  other  agreement  with  the 
Credit  Union;  (3)  if  you  are  the  subject  of  an  order  for  relief 
under  Title  11  of  the  U.S.  Code  (Bankruptcy);  (4)  if  anyone 
tries,  by  legal  process,  to  take  any  of  your  money  in  the 
Credit  Union  (5)  if  you  have  given  the  Credit  Union  false  or 
inaccurate  information  in  obtaining  your  Card;  (6)  you  are 
declared  incompetent  or  mentally  incapacitated,  or  you  die; 
or  (7)  if  anything  happens  or  any  condition  exists  which  the 
Credit  Union  reasonably  believes  impairs  your  ability  to 
repay what you owe.

to  you,  demand 

ACCELERATION:  If  you  are  in  default,  the  Credit  Union 
may,  without  prior  notice 
immediate 
payment  of 
the  Account  balance  plus 
INTEREST 
CHARGES  which  shall  continue  to  accrue  until  the  entire 
amount  is  paid.  You  expressly  waive  any  right  to  notice  or 
demand,  including  but  not  limited  to,  demand  upon  default, 
notice  of  intention  to  accelerate  and  notice  of  acceleration. 
The  Card  remains  the  property  of  the  Credit  Union  at  all 
times  and  you  agree  to  immediately  surrender  the  Card 
upon  demand  of  the  Credit  Union.  You  agree  to  pay  all 
reasonable  costs  of  collection,  including  court  costs  and 
attorney’s  fees  imposed,  and  any  cost  incurred  in  the 
recovery of the Card.

and 

COST  OF  CREDIT:  You  will  pay  an  INTEREST  CHARGE 
for all advances made against your Account. If your Account 
features  an  Introductory  Rate,  you  will  pay  an  Introductory 
Rate  for  all  advances  made  against  your  Account  at  the 
Daily  Periodic  Rate 
corresponding  ANNUAL 
PERCENTAGE  RATE  (“APR”)  set  forth  in  the  Additional 
Disclosure  attached  and  incorporated  into  this  Agreement. 
Any  Introductory  Rate  applicable  to  your  Account  will  apply 
for  the  time  period  as  set  forth  in  the  Additional  Disclosure. 
After any Introductory Rate period, or if an Introductory Rate 
does  not  apply  to  your  Account,  the  Standard  Rate  periodic 
rate  for  your  Account  will  range  from  .0218904%  per  day 
to  .0492877%  per  day,  which  corresponds  to  an  ANNUAL 
PERCENTAGE  RATE  ranging  from  7.99%  to  17.99%.  Your 
precise  Standard  Rate  will  be  determined  by  review  of  your 
credit  report  and  based  on  your  creditworthiness  and  is 
disclosed  in  the Additional  Disclosure.  In addition,  after your 
Account  is  opened,  we  may  review  your  credit  report 
periodically  from  time  to  time  at  our  discretion  and  adjust 
your  Standard  Rate  within  the  ranges  above  according  to 
your  credit  score.  You  will  be  notified  no  less  than  45  days 
prior  to  any  rate  change.  Cash  advances  (including  balance 
transfers)

incur an INTEREST CHARGE from the date they are posted to 
the Account. If you have paid your Account in full by the due 
date shown on the previous monthly statement, or there is no 
previous balance, you have not less than 25 days to repay your 
Account  balance  before  an  INTEREST  CHARGE  on  the 
current purchases will be imposed. If you have not paid your 
Account in full by the due date shown on the previous monthly 
statement, you have no grace period in which to repay your 
Account balance before an INTEREST CHARGE on current 
purchases  will  be  imposed,  and  such  INTEREST  CHARGE 
will  begin  on  the  date  such  purchases  are  posted  to  your 
Account. No additional INTEREST CHARGE will be incurred 
whenever you pay the Account in full by the Payment Due Date 
shown on your monthly periodic statement.

The INTEREST CHARGE is figured by applying the periodic 
rate to the “balance subject to INTEREST CHARGE,” which is 
the “average daily balance” of your Account, including certain 
current transactions. The “average daily balance” is arrived at 
by taking the beginning balance of your Account each day and 
adding any new cash advances (including balance transfers), 
and, unless you pay your Account in full by the due date shown 
on  your  previous  monthly  statement  or  there  is  no  previous 
balance,  adding  in  new  purchases,  and  subtracting  any 
payments or credits and unpaid INTEREST CHARGES. The 
daily balances for the billing cycle are then added together and 
divided by the number of days in the billing cycle. The result is 
the  “average  daily  balance.”  The  INTEREST  CHARGE  is 
determined by multiplying the “average daily balance” by the 
number of days in the billing cycle and applying the periodic 
rate  to  the  product.  The  INTEREST  CHARGE  for  certain 
categories of transactions subject to an introductory rate or a 
promotional  rate  may  be  separately  calculated  for  those 
category balances. You may pay any amounts outstanding at 
any time without penalty for early payment.

ACCOUNTS  WITH  DIFFERENT  APRS:  Payments  made  in 
excess of the required minimum payment will be applied to the 
balance with the highest APR and then to balances subject to 
lower APRs, in descending order of APRs until all balances 
subject to an APR are paid in full.

CASH  ADVANCE  FEE:  We  will  not  charge  you  a  Cash 
Advance Fee. If an advance is made by another institution, the 
other  institution  may  impose  a  fee.  If  you  obtain  a  cash 
advance by using an automated teller machine (ATM), any fee 
imposed upon the Credit Union by the owner or operator of the 
machine may be passed on to you. Any charge made under 
this paragraph will be added to the balance of your Account 
and treated as a cash advance.

ANNUAL FEE: You will not be charged an annual fee for the 
issuance or use of the Card.

LATE  PAYMENT  FEE:  If  we  do  not  receive  your  required 
minimum  payment  within  10  days  of  the  payment  due  date, 
you  will  be  charged  a  late  payment  fee  as  set  forth  in  the 
Additional Disclosure.