1. 

2. 

3. 

4. 

NEBRASKA FURNITURE MART REVOLVING CHARGE AGREEMENT 

I (Cardholder) agree to pay for all purchases charged to my account by me or any person 
authorized to use the account in accordance with the terms of this agreement. My liability is 
joint  and  several  with  any  cardholders  signed  below  or  otherwise  becoming  party  to  the 
account  or  this  agreement.    Any  person  authorized  to  use  the  account,  by  use  of  the 
account, accepts the terms of this agreement and grants the same rights and authorizations 
as  though  a  party  to  this  agreement.    I  understand  that  this  agreement  is  with  Nebraska 
Furniture  Mart,  Inc.,  a  Nebraska  corporation,  and  its  wholly  owned  subsidiaries,  NFM  of 
Kansas,  Inc.  and  Homemakers  Plaza,  Inc.  (collectively  hereinafter  referred  to  as  “NFM”).  
All charges on the account are subject to the prior approval of NFM.  NFM has the right to 
change  any  terms  of  this  agreement  by  sending  me  a  written  notice.    Use  of  the 
card/charges to the account after such notice will constitute agreement to the revised terms.  
If  a  Significant  Change  (as  defined  by  Regulation  Z  of  federal  law)  to  this  agreement  is 
made, NFM will send me a written notice a minimum of 45 days before the effective date of 
the  Significant  Change.    Under  the  circumstances  which  will  be  described  in  any  such 
notice, I may have the right to reject such Significant Change before the effective date and 
close the account.  Use of the account more than 14 days after such notice will constitute 
agreement  to  any  such  Significant  Change  in  regard  to  such  transaction(s),  even  if  I 
subsequently reject the Significant Change before the effective date. 

Collateral 

I and any authorized person by use of the account grant to Nebraska Furniture Mart, Inc. a 
purchase  money  security  interest  to  the  fullest  extent  allowed  under  the  Uniform 
Commercial  Code  and  all  applicable  law  in  all  merchandise  purchased  under  this 
agreement.    I  agree  that  the  purchase  of  such  merchandise  is  for  personal,  family,  or 
household  use  only.    NOTICE:  If  payments  are  not  made  as  agreed,  or  the  account  is 
otherwise in default, NFM can repossess any merchandise which has not been paid for in 
full.    NFM  waives  any  lien  on  my  principal  dwelling,  except  liens  created  by  a  court 
judgment  or  acquired  by  a  filing  against  real  estate  as  provided  by  applicable  law. 
Merchandise  purchased  under  this  agreement  will  not  become  fixtures  nor  shall  the 
merchandise become accessions to other merchandise.  No merchandise purchased under 
this agreement is intended to serve as collateral or security for any other purchase.  NFM 
has elected not to cross-collateralize the items sold under this agreement.  

If I charge a service contract or extended warranty to my account, I agree that NFM  may, 
upon  my  default  and  with  such  notice  and  compliance  with  any  other  requirements  of 
applicable law, contact the issuer, cancel the contract or warranty, and collect the unearned 
premiums, if any, for application against my account balance. 

Statements and Payments 

If  I  have  a  balance  on  my  account  or  if  transactions  have  occurred  within  a  statement 
period, NFM will send me a statement.  It will show a date identified as the Statement Date, 
and  will  show  the  total  balance  owed  as  of  the  Statement  Date  identified  as  the  New 
Balance.  I can pay the total balance on my account at any time.  I agree to make at least a 
Minimum Monthly Payment on or before the Payment Due Date specified on the statement, 
which  will  be  a  minimum  of  21  days  from  the  Statement  Date.    The  Minimum  Monthly 
Payment  will  be  4%  of  the  New  Balance  rounded  to  the  next  higher  dollar  amount  or 
$15.00, whichever is greater.  I can always pay more than the Minimum Monthly Payment.  I 

ver 12-2009 

5. 

6. 

7. 

8. 

understand  promotional  purchases  with  “Deferred  Interest”  will  be  included  in  the 
calculation of the Minimum Monthly Payment. 

NOTICE: If I pay the New Balance on or before the Payment Due Date, no finance charge 
will be added to the account for that month.  Otherwise, Finance Charges accrue from the 
date each transaction is posted. 

Unless  applicable  law  otherwise  requires,  payments  will  be  applied  first  to  outstanding 
finance  charges,  insurance  charges,  late  charges  and  any  past-due  amounts.    After 
outstanding fees and past-due amounts are paid, the Minimum Monthly Payment, as well as 
any  excess  over  the  Minimum  Monthly  Payment,  will  be  applied  as  follows:  first  to 
promotional  “Deferred  Interest”  amounts  during  the  last  two  cycles  of  the  promotional 
period;  next  to  interest-bearing  amounts,  in  interest  rate  order,  higher  rates  first;  then  to 
other promotional “Deferred Interest” amounts in the order of expiration, soonest first. 

I hereby authorize NFM to utilize information from any credit reporting agency at its option 
to  periodically  evaluate  my  credit  rating  and  to  make  credit  decisions  based  upon  that 
information.    This  is  a  continuing  authorization  and  may  be  terminated  only  by  written 
revocation delivered to NFM pursuant to paragraph 16. 

I  hereby  authorize  NFM  to  charge  to  my  account  any  purchase  which  I  or  any  person 
authorized to use the account make via telephone or the internet.  At the time of purchase, I 
or any such authorized person must provide to NFM certain information to verify identity and 
account number.  I and any such authorized person, by use of the account agree that any 
purchases  made  in  this  manner  will  be  subject  to  a  security  interest  in  favor  of  NFM  until 
such time as all purchases have been paid for in full.  I acknowledge that purchases made 
by me or any authorized person via telephone or the internet will not be documented by a 
sales receipt bearing my initials or signature or those of any such authorized person.  I and 
any such authorized person agree that lack of a signature or initials in these circumstances 
will  not  be  a  valid  basis  to  dispute  NFM’s  security  interest  or  my  obligation  to  pay  for  the 
purchase  unless  I  have  properly  complied  with  the  billing  dispute  procedures  as  set  forth 
herein. 

9. 

NOTICE: Pricing or mathematical errors are subject to revision by NFM upon written notice 
to me. 

FINANCE CHARGES 

10. 

11. 

NOTICE:  If  I  do  not  pay  the  total  New  Balance  by  the  Payment  Due  Date,  a  FINANCE 
CHARGE  will  be  added  to  the  account  for  the  current  billing  period.    THE  FINANCE 
CHARGE WILL BE A PERIODIC RATE OF 1.5% PER MONTH (ANNUAL PERCENTAGE 
RATE  OF  18%)  COMPUTED  ON  THE  AVERAGE  DAILY  BALANCE  (INCLUDING 
CURRENT TRANSACTIONS). 

To calculate the Average Daily Balance, NFM will take the beginning balance of my account 
each day, add any new purchases or charges, and subtract any payments or credits.  This 
gives NFM the daily balance.  Then NFM will add all the daily balances from the billing cycle 
and divide the total by the number of days in the billing cycle.   This gives NFM the Average 
Daily  Balance.    Under  the  terms  of  special  promotions  identified  as  Deferred  Interest, 
certain purchases may have interest deferred for specified periods of time.  Such purchases 
will  be  temporarily  excluded  from  the  calculation  of  the  Average  Daily  Balance  for  the 
applicable length of time. 

ver 12-2009 

12. 

13. 

14. 

15. 

16. 

17. 

Default and Acceleration 

If  I  fail  to  make  payments  as  agreed,  or  am  otherwise  in  default,  my  entire  balance 
(including  all  Deferred  Interest  purchases)  may,  at  NFM’s  option  and  after  such  notice, 
opportunity to cure and/or other requirements of applicable law, become due and payable.  
NFM’s  waiver  of  any  default  shall  not  operate  as  a  waiver  of  any  other  default.    If  NFM 
elects to enforce its rights under this agreement, including but not limited to repossessing its 
collateral, or any other rights with regard to its security under the Uniform Commercial Code 
and/or  applicable  law,  I  agree  to  pay  reasonable  expenses,  court  costs  and  attorney  fees 
incurred by NFM to the extent allowed by applicable law. 

Other Charges and Fees 

NOTICE:  If  I  fail  to  make  my  minimum  monthly  payment,  NFM  may  charge  me  a  late 
charge.    10  days  after  the  Payment  Due  Date,  NFM  may,  to  the  extent  allowed  by 
applicable law, charge: (a) (NE) 5% of the unpaid amount or $5.00, whichever is greater; (b) 
(IA)  5%  of  the  unpaid  amount  or  $15.00,  whichever  is  greater;  (c)  (KS)  $5  if  the  unpaid 
amount  is  $25  or  less,  or  $10  if  the  unpaid  amount  is  over  $25;  provided  no  late  charge 
shall exceed $25.  If I make any payment with a check that is not honored by the bank on 
which  it  is  drawn,  NFM  may,  to  the  extent  allowed  by  applicable  law,  charge:  (a)  (NE) 
$25.00; (b) (IA) $20.00; (c) (KS) after written notice, $30.00. 

Miscellaneous 

This agreement shall be construed under the laws of the State of Nebraska if purchases are 
made  from  the  store  located  in  Omaha,  Nebraska.    This  agreement  shall  be  construed 
under  the  laws  of  the  State  of  Iowa  if  purchases  are  made  from  the  store  located  in  Des 
Moines, Iowa.  This agreement shall be construed under the laws of the State of Kansas if 
purchases are made from the store located in Kansas City, Kansas. 

It  is  NFM’s  intent  to  comply  with  all  state  and  federal  laws  and  regulations  which  might 
cover  any  transaction  under  this  agreement.    Consequently,  if  there  is  a  conflict  between 
any  term  or  condition  of  this  agreement  and  applicable  federal  or  state  law  or  regulation, 
this  agreement  will  be  interpreted  in  such  a  way  as  to  conform  with  the  requirements  of 
such law or regulation and, to the extent any non-conformity cannot be resolved, the term or 
condition will be construed to have been omitted from this agreement. 

I  understand  that  the  address  given  below  or  with  my  application  is  the  address  to  which 
NFM will send any written notices to me required hereunder.  In the event the address has 
not been completed, is illegible or NFM has reason to believe it is no longer accurate, NFM 
is  authorized  to  use  the  address  I  give  in  regard  to  the  most  recent  transaction  on  the 
account.    In  the  event  I change  addresses  I  must  notify  NFM  in  writing  of  such  change  of 
address.  NFM’s address for written notice purposes is: 700 S 72nd St, Omaha, Ne 68114. 

I  will  keep  the  merchandise  purchased  in  good  condition  and  free  from  liens  and  other 
security interests, will pay promptly all taxes and assessments thereon and will not destroy 
or  dispose  of  the  merchandise  or  encumber  it  until  NFM  has  been  paid  in  full  for  said 
merchandise. 

18. 

For all returned, exchanged, or cancelled merchandise, I agree to pay a reasonable fee to 
be determined by NFM.  Such charges will be subject to the same terms as my purchases.  

ver 12-2009 

I  agree  to  the  terms  printed  on  the  front  and  back  of  the  NFM  sales  receipt,  which  are 
incorporated herein by this reference. 

19. 

Loss or damage to merchandise will not release me from the obligation to pay, after I have 
accepted delivery of said merchandise.  I agree and understand that NFM is authorized to 
take  all  necessary  action  to  perfect  and  continue  perfection  of  its  security  interest  in  all 
merchandise purchased pursuant to this agreement.  This writing contains the full, final and 
exclusive statement of the parties.  NFM reserves the right to demand payment by cash or 
certified check. 

ver 12-2009 

 
 
 
 
NEBRASKA FURNITURE MART REVOLVING CHARGE AGREEMENT 

PRICING ADDENDUM 

APR: 

18% 

Grace Period: 

At least 21 days 

Balance Computation Method: 

Average daily balance (including new purchases) 

Late Payment Fee: 

Returned Payment Fee: 

$5-25 

$20-30 

ver 12-2009