CREDIT CARD AGREEMENT  
                                                                                            (Personal Accounts) 
                                             
                                       ?
    By requesting or accepting any Platinum Mastercard  or  necessary to verify Payments received on your Credit Card 
                         ?  
     Cash Back  World  Mastercard account (individually or  account.  If we accept a payment from you in excess of your 
     collectively called �Credit Card account� or �Account�) with  outstanding balance, your available Credit Limit will not be 
     Bank of the West, you agree to be bound by all the terms of  increased by the amount of the overpayment nor will we be 
     this Agreement and as applicable, the Bank of the West Cash  required to authorize transactions for an amount in excess of 
     Back Rewards Program Rules. In this Agreement, the words  your Credit Limit. 
     �you� or �your� mean everyone who has requested or  3. Temporary Reduction of Credit Limit.  Merchants, 
     accepted a Credit Card account with us. The words �we,�  such as car rental companies and hotels, may request prior 
     �us,� �our,� or �Bank� mean Bank of the West.  If you do not  credit approval from us for an estimated amount of your 
     accept this Agreement or Program Rules, you must notify us  Purchases, even if you ultimately do not pay by credit. If our 
     in writing within 5 days after receipt.  Use of your card or any  approval is granted, your available Credit Limit will 
     feature (including a balance transfer) of your Credit Card  temporarily be reduced by the amount authorized by us.  If 
     Agreement shall constitute acceptance of this Agreement  you do not ultimately use your Credit Card account to pay for 
     and Program Rules.                      your Purchases or if the actual amount of Purchases posted 
                                             to your Credit Card account varies from the estimated 
     1.  Use. Your Platinum Mastercard or Cash Back World  amount approved by us, it is the responsibility of the 
     Mastercard (individually or collectively called �Card�) may be  merchant, not us, to cancel the prior credit approval based 
     used as a credit card for purchases of goods or services from  on the estimated amount. The failure of the merchant to 
     participating merchants (�Purchases�) or to get  Cash  cancel a prior credit approval may result in a temporary 
     Advances from us or any other financial institution displaying  reduction of your available Credit Limit, but will not increase 
     the �MasterCard� logo, or to purchase certain items such as  the amount you owe us under this Agreement. 
     traveler's cheques, foreign currency, money orders, wire  4. Agreement to Pay. When you use your Card or Credit 
     transfers, lottery tickets, and (except as noted below) funds  Card account, or when you permit anyone to use it, you agree 
     to be used for wagers or gambling (all of which are  to pay the amount of any and all transactions (including any 
     collectively referred to as �Cash Advances�) up to your Credit  which may have been made in violation of this Agreement), 
     Limit; provided, however, you may not use your Card (i) to  and the INTEREST CHARGES, and fees that may become 
     make Purchases or obtain Cash Advances for any illegal  due as shown on the periodic statement. You agree that we 
     transaction, or (ii) for any internet or online gambling  may change or cancel your Credit Card account at any time 
     transactions.  Transactions for online or internet gambling will  without affecting your obligation to pay the amounts that you 
     not be approved.  If you use your Card for any illegal or  owe under this Agreement.  
     prohibited transaction, this Agreement also applies to such  5. Periodic Statement. Each month we will send you a 
     transaction and you agree to pay any and all amounts related  periodic statement for each Credit Card account you have 
     to such transaction pursuant to the terms of this Agreement.  with us covering the previous billing period. We may not send 
     We may, in our sole discretion, restrict the use of or terminate  you a statement if your balance is less than $1 and there 
     your Card if we notice excessive use of your Card or other  were no transactions during the billing period. The statement 
     suspicious activities or if we reasonably believe the Card is  will have a �Statement Period Date�, �Statement Closing 
     or has been used for one or more illegal or prohibited  Date� and a �Payment Due Date,� and will show, among other 
     transactions. You can also obtain a Cash Advance by writing  things, your �Previous Balance,� your �New Balance,� and 
     a special Mastercard check (�Convenience Check�).  The  your minimum monthly payment, which will be shown as 
     Cash Advance will be posted to your Credit Card account  �Minimum Payment Due.� 
     when the Convenience Check reaches us. If you stop  6. Payment. You must make a payment by the �Payment 
     payment on a Convenience Check, your Credit Card account  Due Date.� You have two choices: You may pay the entire 
     will be charged $16.00 (or as permitted by law) for each stop  �New Balance� or you may pay in installments by paying at 
     payment. We may designate that only a portion of your Credit  least the �Minimum Payment Due.� When your payment is 
     Limit is available for Cash Advances. In addition, you may  properly received, we will allocate your payment in a manner 
     request that we pay other creditors on your behalf and  we determine except as otherwise required by law.  The 
     transfer approved amounts to your Account (�Balance  Minimum Payment is applied first to fees, then to INTEREST 
     Transfers�).                           CHARGES and finally to principal. We apply the Minimum 
      Your Card may also be used in certain automated terminals  Payment to balances with lower APRs, including introductory 
     to gain access to your Credit Card accounts. We have no  APRs, before balances with higher APRs. Payments made in 
     responsibility for the failure of any machine, merchant,  excess of the Minimum Payment will be applied first to 
     financial institution, or any other party to honor your Card.  balances with the highest ANNUAL PERCENTAGE RATE 
     Your Card and Credit Card account may be used only for  (APR) and then to each successive balance bearing the next 
     valid and lawful purposes. If you use or allow someone else  highest ANNUAL PERCENTAGE RATE.  
     to use the Card or Credit Card account for any other purpose,  Payments must be mailed to the BankCard Center address 
     you will be responsible for such use and may be required to  specified in your periodic statement and reach the BankCard 
     reimburse us for all amounts or expenses we pay as a result  Center during our regular business day by 5:00 p.m. Pacific 
     of such use.                           Time for the payment to be credited the same business day.  
      2. Credit Limit.  We will notify you of the Credit Limit for  Payments made in person at one of our branches, or made 
     each Credit Card account you have with us. You agree that  by telephone, or made through our website or another 
     your total charges, including Purchases, Cash Advances,  website controlled by a third party on our behalf must be 
     Balance Transfers, INTEREST CHARGES, and fees that  received by 5:00 p.m. Pacific Time to be credited the same 
     may be due will not exceed your Credit Limit. If you do go  business day. Payments received after the cutoff time of 5:00 
     over your Credit Limit, you must repay the excess amount  p.m. Pacific Time are credited as of the following business 
     immediately, and we may reduce the available Credit Limit of  day.  If you fail to properly make payments, crediting of such 
     any other Credit Card account you have with us until such  payments may be delayed and you may incur late charges 
     time the excess amount is repaid. You may apply to increase  and additional interest as a result of the delay. Even when 
     your Credit Limit at any time but we are not obligated to  your payment is credited to your Account, we may delay the 
     increase your Credit Limit at any time. Furthermore, we  availability of part or all of your payment amount as credit for 
     reserve the right to lower your Credit Limit at any time. For  up to 15 days. 
     security reasons, we may limit the number or amount of    If a payment is returned to us for any reason, we may 
     transactions that may be accomplished with your Card or  apply a Returned Payment Fee of $27 for the first violation 
     Credit Card account, and we have the right to limit  and $38 for each subsequent violation within the next six 
     authorizations to make transactions if we consider it  billing cycles. The Returned Payment Fee for Iowa residents 
                                             is $27 for the first violation and $30 for each subsequent 
    BW-CCAG (Rev. 10/2020) 
     
      
    violation within the next six billing cycles.  If the Returned  ANNUAL PERCENTAGE RATE may change each month on 
    Payment Fee is greater than the Minimum Payment Due, the  the first day of each of your billing cycles. Each date on which 
    fee will be equal to the Minimum Payment Due.   the rate of interest could change is called a �Change Date.� 
        From time to time, we may let you skip or reduce one or  Changes will be based on changes in the �Index.� The Index 
    more monthly payments during a year and/or we may  is the Prime Rate published in the �Money Rates� table of The 
    temporarily reduce or eliminate certain  INTEREST  Wall Street Journal on the business day immediately 
    CHARGES on all or a portion of your Credit Card account  preceding the day your billing cycle ends. If the Index is no 
    balance or offer you other special terms. If we do, we will  longer available, we will choose a new index which is based 
    advise you of the scope and duration of the applicable skip  upon comparable information and will give you notice of our 
    or promotional feature. When the skip or promotional feature  choice.  The ANNUAL PERCENTAGE RATE may increase or 
    ends, your regular rates and all the terms of the Agreement  decrease each month if the Index changes. Any new rate will 
    will resume.                            be applied as of the first day of your billing cycle during which 
      7. Minimum Payment - Late Payment Fee. The �Minimum  the  Index has changed. If the ANNUAL PERCENTAGE 
    Payment Due� must be received by us by the �Payment Due  RATE increases, you will pay a higher INTEREST CHARGE, 
    Date.� If it is not, we may apply a Late Payment Fee of up to  which may result in a higher minimum payment.  
    $27 for the first violation and up to $38 for each subsequent    The interest rate for Purchases and Balance Transfers 
    violation within the next six billing cycles.  The Late Payment  on your Platinum Credit Card account is based on a variable 
    Fee for Iowa residents is up to $27 for the first violation and  rate equal to the sum of the Index plus a �Rate Spread� of 
    up to $30 for each subsequent violation within the next six  11.74 to 19.74 percentage points, based on your 
    billing cycles.  If such charge would result in an INTEREST  creditworthiness. The interest rate for Purchases (after the 
    CHARGE greater than the maximum allowed by law, we will  Introductory Period) and Balance Transfers on your Cash 
    only charge the maximum allowable rate. Your Minimum  Back World Credit Card account is based on a variable rate 
    Payment Due will be 3% of the New Balance plus any Late  equal to the sum of the Index plus a �Rate Spread� of 12.74 
    Payment Fee (with a minimum of the lesser of $27 or your  to 19.74 percentage points, based on your creditworthiness. 
    New Balance) and any amount over your credit limit and past  The interest rate for Cash Advances on your Account is 
     due amount.                            based on a variable rate equal to the sum of the Index plus a 
      8. How to Avoid Paying Interest on Purchases. There  �Rate Spread� of  21.74 percentage points. Immediately 
                                            before each Change Date we will determine the new interest 
     may be different treatment of INTEREST CHARGES for 
                                            rate by adding the Rate Spread to the Index. The new interest 
     Purchases, Balance Transfers, and Cash Advances, even 
                                            rate will become effective at the start of your first billing cycle 
     though they are computed the same way. You may avoid 
                                            after the Change Date. Only one ANNUAL PERCENTAGE 
     paying an INTEREST CHARGE on Purchases if we receive 
                                            RATE and Daily Periodic Rate will be in effect for each 
     the entire New Balance by the Payment Due Date. If we do 
                                            Balance Category during the billing period. The ANNUAL 
     not receive the entire New Balance by the Payment Due 
                                            PERCENTAGE RATE will not exceed the maximum rate 
     Date, the INTEREST CHARGE will be charged on the 
                                            permitted by law. The effect of any increase in the ANNUAL 
     Purchases from the date of the transaction.  INTEREST 
                                            PERCENTAGE RATE and the Daily Periodic Rate would be 
     CHARGES on all other balances, including Cash Advances 
                                            to increase the amount of INTEREST CHARGE or interest 
     and Balance Transfers, begin on the transaction date and will 
                                            you must pay and thus increase your monthly payments. 
     be assessed even if your entire New Balance is paid by the 
                                              10. Transaction Fees. You also agree to pay us the 
     Payment Due Date. 
                                            appropriate fees listed below (as permitted by applicable law) 
      9. Computing Your INTEREST CHARGE. We figure the 
                                            which may be amended from time to time by us. You 
     INTEREST CHARGE on each Credit Card account by 
                                            authorize us to charge your Credit Card account for the 
     applying the periodic rate to the �Average Daily Balance� of 
                                            following fees due to us. Cash Advance fee: 4.00% of each 
     each Balance Category on the Credit Card account, including 
                                            Cash Advance, $10 minimum. Balance Transfer fee 4.00% 
     current transactions. Balance Categories include Purchases, 
                                            of each balance transferred, $10 minimum. 
     Balance Transfers, Cash Advances, Introductory Rates and 
                                              11.  Foreign Transaction Fee. Transactions that you make 
     any special rate offers we may make available from time to 
                                             in a foreign currency or that you make outside of the United 
     time.  If you are charged interest, the charge will be no less 
                                             States of America even if it is made in U.S. dollars are 
     than $1.00  (the minimum interest charge will appear as 
                                             considered foreign transactions.  If you make a transaction in 
     �Minimum Charge� in the fees section of your statement).  
                                             a foreign currency it will be billed to you in U.S. Dollars. The 
       a. Average Daily Balance.  To obtain the daily balance 
                                             conversion rate to U.S. Dollars will be determined by 
    for each Balance Category we take the beginning balance 
                                             Mastercard International in accordance with their operating 
    each day and add new transactions applicable to each 
                                             regulations or conversion procedures in effect at the time the 
    category, and subtract any payments, credits, and refunds 
                                             transaction is processed. Currently, their regulations and 
    applied to the category.  To figure your Average Daily 
                                             procedures provide that the currency conversion rate they 
    Balance for each Balance Category, we add all your daily 
                                             use is either (1) a government-mandated rate or (2) a 
     balances and divide by the number of days in the billing 
                                            wholesale market rate, whichever is applicable, in effect one 
     period. 
                                            day prior to the processing date. We do not determine the 
       b. Figuring the INTEREST CHARGE. We compute the 
                                            currency conversion rate which is used.  You agree to pay 
    INTEREST CHARGE for each Balance Category by 
                                            the converted amount in U.S. funds. In addition, Mastercard 
    multiplying these Average Daily Balances by the applicable 
                                            will charge us (the Bank) an international transaction fee, 
    Daily Periodic Rate, and then we multiply the result by the 
                                            currently equal to one percent (1.00%) of the transaction 
    number of days in the billing period. To determine the Daily 
                                            amount. We will charge you the international transaction fee 
    Periodic Rate for each Balance Category, we divide the 
                                            imposed on us plus an additional two percent (2.00%) of the 
    applicable ANNUAL PERCENTAGE RATE in effect for the 
                                            transaction amount whether that transaction was originally 
     billing period by 365 (366 for leap year). The way we get the 
                                             made in U.S. dollars or was made in another currency and 
     ANNUAL PERCENTAGE RATE for each Balance Category 
                                             converted to U.S. dollars.  These two fees will be aggregated 
     is described below under �Fixed Rate� and �Variable Rate.� 
                                             and shown as one Foreign Transaction  Fee on your 
       c. Fixed Rate. Introductory ANNUAL PERCENTAGE 
                                             statement. 
     RATES for Purchases, Balance Transfers or Cash Advances 
                                              12. Other Fees. As allowed by law, we may charge, and 
     may vary, if applicable. Please refer to your Account Opening 
                                             you agree to pay, fees for certain services or requests made 
     Disclosures for specific introductory period and ANNUAL 
                                             by you, such as but not limited to: Automated Teller Machine 
     PERCENTAGE RATES associated with your Account.  After 
                                             (�ATM�) transactions conducted at machines not operated by 
     the Introductory Period ends, your regular ANNUAL 
                                             us, requests for copies of billing statements, sales drafts, or 
     PERCENTAGE RATES for Purchases, Balances Transfers 
                                             other records of your Account, or if you request a 
     or Cash Advances will apply. 
                                             replacement card(s).  However, we will not charge fees for 
      d. Variable Rate. The current ANNUAL PERCENTAGE 
                                             copies of documents requested for a billing dispute.  These 
     RATE for all variable rates is shown on the Account Opening 
                                             fees may change from time to time.  We will inform you of the 
     Disclosure which has been provided to you with this 
                                             fee(s) that you will incur prior to when the applicable 
     Agreement. The Daily Periodic Rate and the corresponding 
    BW-CCAG (Rev. 10/2020) 
     
      
    service(s) is(are) provided or when you make the request(s),  an automated terminal, or the use of the Card by anyone else 
    as applicable. You authorize us to charge your Credit Card  who uses it with your permission. Security in use of the Card 
    account for any such fees that you incurs. We reserve the  is provided by the secret code, which we will provide you, and 
    right to waive a fee from time to time but a waiver does not  the magnetically encoded stripe on the Card. Please keep 
    mean we will continue to waive such fee in the future.   the Card safe and also protect the secret code. Use the Card 
      13. Interest Charges for Covered Members of the  and the secret code as instructed at all times. Please notify 
    Armed Forces and Their Dependents: Federal law  us of any mechanical or operating failure in connection with 
    provides important protections to members of the Armed  the use of your Card. Do not permit anyone else to use your 
    Forces and their dependents relating to extensions of  Card and do not disclose your secret code or record it on the 
    consumer credit. In general, the cost of consumer credit to a  Card. The Card remains the property of the Bank and can be 
    member of the Armed Forces and his or her dependent may  revoked and repossessed at any time. You must return it to 
    not exceed an ANNUAL PERCENTAGE RATE of 36%. This  us when asked. 
    rate must include, as applicable to the credit transaction or  e. Fees for Using Automated Terminal Services. Fees 
    account: the costs associated with credit insurance  may be charged for transactions made at automated teller 
    premiums; fees for ancillary products sold in connection with  machines not operated by us as described in paragraph 12-
    the credit transaction; any application fee charged (other than  Other Fees. 
    certain application fees for specified credit transactions or  16. Lost or Stolen Card; Your Liability for 
    accounts); and any participation fee charged (other than  Unauthorized Use. Tell us AT ONCE if you believe your 
    certain participation fees for a credit card account).  Card has been lost or stolen. Telephoning is the best way of 
       If you are a covered member of the armed forces or a  keeping your possible losses down. 
    dependent, you will not be charged annual fees, transaction  You may be liable for the unauthorized use of your Card 
    fees, or penalty fees so that your cost may not exceed the  as a credit card. You will not be liable for unauthorized use of 
    Military Lending Act ANNUAL PERCENTAGE RATE cap.   your Card as a credit card which occurs after you notify us at 
    Armed Forces members and their dependents can hear  the telephone number or address stated in paragraph 17, 
    about the protections provided to them by calling 1-866-761- orally or in writing, of loss, theft, or possible unauthorized 
     2689 (TTY users call 1-800-659-5495).  use. In any case, your liability for unauthorized use of your 
       14.  Default. We may declare the entire balance for all  Card as a credit card will not exceed $50.00. 
     Credit Card accounts due and payable at once with or without  17.  Where to Call or Write. If you believe your Card has 
     notice or demand if any of these events (a �Default�)  been lost or stolen or that someone is using your Card or 
     happens:                               Credit Card account without your permission, call: 
       a. If you miss a payment under this Agreement or any  1-800-996-2638 (for TTY call 1-800-659-5495) or write to: 
     other obligation you owe us; or        Bank of the West, BankCard Security Department, PO Box 
       b. If you violate any terms of this Agreement.  2078, Omaha, NE 68103-2078. 
       If you are in Default, we may terminate your Credit Card  18.  Our Business Days. Our business days are Monday 
     account, make no more additional loans, and require you to  through Friday, except for bank holidays. 
     immediately repay the entire unpaid balance of all amounts  19.  Credit Investigation and Disclosure. You authorize 
     due on your Credit Card account, including but not limited to  us, both now and in the future, to check your credit and 
     all loan amounts, late charges and other charges assessed  employment history and to release information about our 
     but not paid, and all of the INTEREST CHARGES accrued  credit experience with you in response to legitimate credit 
     but not paid. If we terminate your Credit Card account, your  inquiries. If you believe that we have incorrect information or 
     obligation to repay the amounts you already owe us would  have reported inaccurate information about you to a credit 
     continue.                              bureau, please call us at 1-800-996-2638 (for TTY  call 1-800-
       At our option, we may also take action short of  659-5495).  As required by law, you are hereby notified that 
     terminating your Credit Card account. If we take such lesser  a negative credit report reflecting on your credit history may 
     action initially, we reserve the right to terminate your Credit  be submitted to a credit reporting agency if you fail to fulfill 
     Card account and accelerate all amounts due under this  the terms of your credit obligations. 
     Agreement regardless of whether any additional events have  20. Security Interest. We have no security for any 
     occurred which would permit termination and acceleration.   amounts which become due under this Agreement, even 
      15.  Automated Terminal Services       though any other agreement you may have with us, such as 
       a. Automated Terminals. You may use your Card in the  a mortgage, may provide for such a security interest, unless 
    following automated terminals:           you have given us a specific security interest in connection 
         (1) Any Bank of the West automated teller machines.  with this Agreement, which is described on the Supplement 
         (2) Any other automated teller machine that is  attached to this Agreement. 
    participating in a network and accepts our Card (�Network  21.  Collection. You promise to pay all collection costs, 
    ATM�) and                               including, without limitation, mailgram charges, reasonable 
         (3) Any point-of-sale terminal that accepts our Card  lawyers� fees and court costs, as permitted by law. 
    (�POS terminal�).                        22.  If There are More Than One of You. Each of you 
       b. Services Available at an Automated Terminal  individually, or all of you together, will be liable under this 
         (1) You may use your Card at a Bank of the West or  Agreement. We may collect from or sue any one of you, or 
    any Network ATM to:                     make any settlements or extensions with any one of you, 
          (a) Get a Cash Advance from your Credit Card  without giving up our rights against the other. You understand 
    account.                                that any one of you can make Purchases, get Cash 
          (b) Get your Credit Card account balances. These  Advances, or perform Balance Transfers under this 
    balances may not include some transactions recently made  Agreement which will be binding upon all of you. 
    in your Credit Card account. Some of the services described  23. Compliance with Laws/Sanctions. You agree to 
    in subparagraphs (a) and (b) may not be available at all  comply with all applicable laws and regulations, including 
    Network ATMs.                           those relating to anti-bribery, anti-money laundering, the fight 
          (c) You may use your Card at a POS terminal to  against terrorism, and sanctions (�Sanctions�), that apply to 
    purchase certain merchandise. The amount of your purchase  the Bank or BNP Paribas S.A. You represent that you are not 
    will automatically be charged to your Credit Card account as  the target of Sanctions. You agree to hold the Bank harmless 
    a Purchase.                             from liability for any actions taken by the Bank to comply with 
       c. Limits of Automated Terminal Services  -  Cash  applicable laws and regulations, including Sanctions. 
    Advances. You may get a Cash Advance from a Bank of the  24.  No Waiver of Rights. If we choose to waive any of the 
    West Automated Terminal up to an aggregate amount of  terms or conditions of this Agreement on a case-by-case 
    $500 each calendar day, provided that this amount does not  basis, such as by not declaring the entire balance due when 
    exceed your Credit Limit. This amount may be less for Cash  the minimum monthly payment has not been made on time, 
    Advances from Network ATMs.             it does not mean that we have waived, or given up, our right 
       d. Card and Secret Code (PIN) Use. You are  to exercise any of our rights or remedies under this 
    responsible for all transactions in which you use your Card in  Agreement in the future. We are not required to use any 
    BW-CCAG (Rev. 10/2020) 
     
      
    particular kind of demand or notice in order to collect  agreement governed by this Agreement, or prior or later 
    amounts due to us under this Agreement. No indulgence or  versions of this Agreement, and any changes to the terms of 
    acceptance by us of delinquent or partial payments constitute  this Agreement will be subject to arbitration. Except as 
    a waiver of our rights or of any provision of this Agreement.  expressly provided, all disputes are subject to arbitration no 
    No waiver of any existing default shall be deemed to waive  matter the legal theory or remedy (damages, or injunctive or 
    any subsequent default.                 declaratory relief) sought. Disputes include (1) any 
      25. Changing Terms. We can change, add to, delete or  unresolved claims concerning any services relating to your 
    otherwise modify the terms of this Agreement at any time in  Account, including, without limitation, Purchases, Balance 
    any way permitted by law.  We will send you a notice of  Transfers, Cash Advances, INTEREST CHARGES, your use 
    change at least 45 days (or as required by applicable law)  of any of our banking locations or facilities, or any means you 
    before the effective date of the change. We do not have to  use to access your Account; (2) any claims that arose before 
    send you an advance notice of the change if it favors you,  you and we entered into this Agreement (such as disputes 
    such as by reducing rates, or increasing the maximum credit  related to advertising) and after the termination of this 
    limit.  Except in cases where we are changing terms due to  Agreement; (3) not only claims made directly by you, but also 
    the Minimum Payment Due not being received within 60 days  made by anyone connected with you or claiming through you, 
    of the Payment Due Date, you agree that the change may  such as an authorized user, a beneficiary, employee, 
    cover all transactions made 15 days after we mail the notice.   representative, agent, predecessor or successor, heir, 
    If you do not agree to the change, a method for rejecting the  assignee, or trustee in bankruptcy; (4) not only claims that 
    change and closing the  Account will be provided in the  relate directly to us, but also our parent, affiliates, 
    Change of Terms Notice.   You agree that if you use your  successors, assignees, employees, and agents and claims 
    card after the effective date of the change, this will constitute  for which we may be directly or indirectly liable, even if we 
    your agreement with the change.         are not properly named at the time the claim is made; (5) 
     26. Canceling this Agreement. We have the right to  claims based on any theory of law, contract, statute, 
    cancel this Agreement at any time by sending a notice to any  regulation, tort (including fraud or any intentional tort), or any 
    one of you in writing. You also have the same right to cancel  other legal or equitable ground, and include claims made as 
    this Agreement at any time by sending us a notice in writing  counterclaims, cross-claims, third party claims, interpleaders 
    or calling the BankCard Center at 1-800-996-2638 (for TTY  or otherwise; (6) claims made as part of a class action or 
    call 1-800-659-5495). If this Agreement is canceled by you or  other representative action, being expressly understood and 
    us, your obligation is to repay amounts you already owe  agreed that arbitration of such claims must proceed on an 
    under this Agreement.  In either case, the Account will be  individual (non-class, non-representative) basis; and (7) 
    closed and you will no longer have access to the Account.  claims relating to the enforceability or interpretation of this 
     27.  Governing Law. This Agreement will be governed by  arbitration provision. A party who initiates a proceeding in 
    the laws of the State of Nebraska, and, as applicable, federal  court may elect arbitration with respect to any dispute 
    law, regardless of where the transactions are made.  advanced in that proceeding by any other party. This 
     28. Monitoring/Recording Telephone Calls.  Our  arbitration provision shall survive any termination of this 
    supervisory personnel may listen to and record your  Agreement or your Account.  
    telephone calls to us for the purpose of monitoring and  c. Disputes Not Covered By Arbitration.  Disputes 
    improving the quality of service you receive.  filed by you or by us individually in a small claims court are 
     29.  Severability.  All other provisions of this Agreement  not subject to arbitration if the disputes remain in such court 
    shall remain in full force even if one or more provisions of this  and advance only as an individual claim for relief.  
    Agreement are held invalid, illegal, void or unenforceable by  d. Opt Out. You have the right to opt out of arbitration 
    any rule or law, administrative order or judicial decision.  by sending a signed written notice stating your decision to 
     30. Authorized User.  If you elect to have an authorized  opt out of arbitration to BANK OF THE WEST at Loan 
    user, you will be liable for all transactions made by that user  Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days 
    on your Account. Any authorized user is not a contractually  after the date you opened your Account (�Account Open 
    liable party.                           Date�). 
    31.  Our Communications with You.  You agree that we,  e. Commencing an Arbitration. The party initiating 
    any of our affiliates, agents, independent contractors or  arbitration must choose one of the following arbitration 
    service providers may monitor and record telephone calls  forums to administer arbitration under the forum�s rules 
    regarding your banking services to assure the quality of our  (except as modified by this Agreement): (i) the American 
    service or for other reasons. You expressly consent that we,  Arbitration Association (�AAA�) under AAA�s Consumer 
    any of our affiliates, agents, independent contractors or  Arbitration Rules available at www.adr.org or 1-800-778-
    service providers may use written, electronic, or verbal  7879; (ii) JAMS under JAMS� Comprehensive Arbitration 
    means, or  any other medium, as permitted by law and  Rules & Procedures or Streamlined Arbitration Rules & 
    including, but not limited to, mail and facsimile, to contact  Procedures, including JAMS� Consumer Minimum Standards 
    you. Your consent includes, but is not limited to, contact by  (but not JAMS� Class Action Procedures), available at 
    manual calling methods, prerecorded or artificial voice  www.jamsadr.com or 1-800-352-5267.  
    messages, text messages, e-mails and/or automatic  f.  Arbitration Procedure. Arbitration shall be decided 
    telephone dialing systems. You agree that we, any of our  by a single neutral arbitrator selected in accordance with 
    affiliates, agents, independent contractors or service  AAA�s or JAMS� rules, as applicable. The arbitrator will 
    providers may contact you by using any e-mail or any  decide the dispute in accordance with the terms of our 
    telephone number you provide, including a telephone  agreements and applicable substantive law, including the 
    number for a cellular phone or other wireless device,  Federal Arbitration Act and applicable statutes of limitation. 
    regardless of whether you incur any charges as a result.    The arbitrator shall honor claims of privilege recognized at 
    32. RESOLUTION OF DISPUTES BY ARBITRATION.  law. Except as otherwise provided, the arbitrator may award 
    PLEASE READ THIS ARBITRATION PROVISION  damages or other relief (including injunctive relief) available 
    CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU  to the individual claimant under applicable law. The arbitrator 
    WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT  will not have the authority to award relief to, or against, any 
    BEFORE A JUDGE OR JURY AND TO BRING OR  person or entity who is not a party to the arbitration. An award 
    PARTICIPATE IN ANY CLASS OR OTHER       in arbitration shall determine the rights and obligations 
    REPRESENTATIVE ACTION.                  between the named parties only, and only with respect to the 
       a. Agreement to Arbitrate Disputes. Except as  dispute in arbitration and shall not have any bearing on the 
    otherwise provided, if you are unable to resolve a dispute  rights and obligations of any other persons, or on the 
    with us informally, you and we agree that the dispute will be  resolution of any other dispute. The arbitrator will take 
    resolved through the binding arbitration process set forth in  reasonable steps to protect your Account information and 
    this arbitration provision upon demand by either you or us.   other proprietary or confidential information. Any arbitration 
       b. Disputes Covered By Arbitration. Except as  hearing shall take place in the same city as the U.S. District 
    otherwise provided, any dispute relating to or arising out of  Court closest to your home address, unless the parties agree 
    your Account or this Agreement, including any aspect of any  in writing to a different location or the arbitrator so orders. If 
    BW-CCAG (Rev. 10/2020) 
     
      
    you seek a total recovery of $10,000 or less, you may choose   
    whether the arbitration will be conducted solely on the basis   
    of documents submitted to the arbitrator, through a  i. Arbitration Costs. We will pay the filing, 
    telephonic hearing, or by an in-person hearing in accordance  administrative and/or arbitrator�s fees or compensation 
     with AAA�s or JAMS� rules. At your or our request, the  (�Arbitration Fees�) that we are required to pay pursuant to 
     arbitrator will issue a reasoned written decision sufficient to  the arbitration forums� rules or the law. In addition, with 
     explain the essential findings and conclusions on which the  respect to Arbitration Fees that you are required to pay under 
     award is based. The arbitrator�s award shall be final and  the arbitration forum�s rules in connection with an individual 
     binding, subject to judicial review only to the extent allowed  arbitration you have commenced against us, if you would like 
     under the Federal Arbitration Act. You or we may seek to  us to consider paying them because you are unable to do so, 
     have the award vacated or confirmed and entered as a  you must first request a waiver or reduction of the Arbitration 
     judgment in any court with jurisdiction.   Fees from the arbitration forum. If the request is denied or 
       g. No Class Action or Joinder of Parties. You and we  you remain unable to pay the reduced Arbitration Fees, we 
    agree that no class action, private attorney general or other  will consider paying them if we receive a written request by 
    representative claims may be pursued in arbitration and no  you sent to Bank of the West Legal Department, 180 
    such action may be pursued in court if either you or we elect  Montgomery Street, San Francisco, California 94104. 
    arbitration. Unless mutually agreed to by you and us, claims  j.  Applicable Law. You and we are participating in 
    of two or more persons may not be joined, consolidated, or  transactions that involve interstate commerce and this 
    otherwise brought together in the same arbitration (unless  arbitration provision and any resulting arbitration are 
    those persons are joint account holders or beneficiaries on  governed by the Federal Arbitration Act. To the extent state 
    your Account or related accounts, or parties to a single  law applies, the laws of the state governing your Account 
    transaction or related transaction).    relationship apply. No state statute pertaining to arbitration 
       h. Public Injunctive Relief Waiver. If either you or we  shall apply.  
    elect to arbitrate a dispute, neither you nor we will have the  k.  Severability. Except as provided in �Public Injunctive 
    right to seek a public injunction in arbitration or in court, if  Relief Waiver,� if any part of this arbitration provision 
    such a waiver is permitted by the FAA. If any waiver of  regarding joinder, consolidation, class actions, class 
    public injunctive relief in this arbitration provision (as set  arbitrations, general public or private attorney general 
    forth in any part of this arbitration provision) is found to be  actions is found to be illegal or unenforceable, that invalid 
    invalid or unenforceable, and that decision is not reversed  part shall not be severable and this entire agreement to 
    on appeal, any claim for a public injunction will be decided  arbitrate disputes shall be unenforceable. If any other part of 
    in court after all other disputes to be decided in arbitration  this arbitration provision, including �Public Injunctive Relief 
    under this arbitration provision are arbitrated and the  Waiver,� is deemed to be invalid or unenforceable, that 
    arbitration award regarding individual relief has been  invalid part will be severed from the remainder of this 
    entered in court. In no event will a claim for public injunctive  arbitration provision and the remainder of this arbitration 
    relief be arbitrated. As set forth in �Severability� below, the  provision will be enforced. 
    invalidity or unenforceability of this paragraph will not affect   
    the validity or enforceability of the remainder of  this   
    arbitration provision.                     
                                     Your Billing Rights  
                                Keep This Notice for Future Use 
            This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
    What To Do If You Find a Mistake on Your Statement  �  We cannot try to collect the amount in question, or 
    If you think there is an error on your statement, write to us at:   report you as delinquent on that amount. 
             Bank of the West                  �  The charge in question may remain on your 
             BankCard Customer Service Department  statement, and we may continue to charge you 
             PO Box 2319                         interest on that amount. 
             Omaha, NE 68172-9793              �  While you do not have to pay the amount in 
       In your letter, give us the following information:  question, you are responsible for the remainder of 
      �  Account information: Your name and Credit Card  your balance. 
         account number.                       �  We can apply any unpaid amount against your 
      �  Dollar amount: The dollar amount of the suspected  credit limit. 
         error.                               
      �  Description of problem: If you think there is an error  After we finish our investigation, one of two things will 
         on your bill, describe what you believe is wrong and  happen: 
         why you believe it is a mistake.     
       You must contact us:                    �  If we made a mistake: You will not have to pay the 
      �  Within 60 days after the error appeared on your  amount in question or any interest or other fees 
         statement.                              related to that amount. 
      �  At least 3 business days before an automated  �  If we do not believe there was a mistake: You will 
         payment is scheduled, if you want to stop payment  have to pay the amount in question, along with 
         on the amount you think is wrong.       applicable interest and fees.  We will send you a 
    You must notify us of any potential errors in writing [or  statement of the amount you owe and the date 
    electronically].  You may call us, but if you do we are not  payment is due.  We may then report you as 
    required to investigate any potential errors and you may have  delinquent if you do not pay the amount we think 
    to pay the amount in question.               you owe. 
                                              
    What Will Happen After We Receive Your Letter  If you receive our explanation but still believe your bill is 
     When we receive your letter, we must do two things:  wrong, you must write to us within 10 days telling us that you 
     1. Within 30 days of receiving your letter, we must tell you  still refuse to pay.  If you do so, we cannot report you as 
    that we received your letter.  We will also tell you if we have  delinquent without also reporting that you are questioning 
    already corrected the error.            your bill.  We must tell you the name of anyone to whom we 
     2. Within 90 days of receiving your letter, we must either  reported you as delinquent, and we must let those 
    correct the error or explain to you why we believe the bill is  organizations know when the matter has been settled 
    correct.  While we investigate whether or not there has  between us. 
    been an error:                            
      
    BW-CCAG (Rev. 10/2020) 
     
      
      If we do not follow all of the rules above, you do not have to 
    pay the first $50 of the amount you question even if your bill 
    is correct. 
      
     Your Rights If You Are Dissatisfied With Your Credit 
    Card Purchases 
     If you are dissatisfied with the goods or services that you 
    have purchased with your credit card and you have tried in 
    good faith to correct the problem with the merchant, you may 
    have the right not to pay the remaining amount due on the 
    purchase. 
      
     To use this right, all of the following must be true: 
     1. The purchase must have been made in your home state 
    or within 100 miles of your current mailing address, and the 
    purchase price must have been more than $50.  (Note: 
    Neither of these are necessary if your purchase was based 
    on an advertisement we mailed to you, or if we own the 
    company that sold you the goods or services.) 
     2. You must have used your credit card for the purchase.  
    Purchases made with cash advances from an ATM or with a 
    check that accesses your Credit Card account do not qualify. 
     3. You must not yet have fully paid for the purchase. 
     
     If all of the criteria above are met and you are still 
    dissatisfied with the purchase, contact us in writing at: 
       Bank of the West  
       BankCard Customer Service Department 
       PO Box 2319 
       Omaha, NE 68172-9793 
    While we investigate, the same rules apply to the disputed 
    amount as discussed above.  After we finish our 
    investigation, we will tell you our decision.  At that point, if we 
    think you owe an amount and you do not pay, we may report 
    you as delinquent. 
     
    NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
    Credit Card Agreement is subject to all claims and defenses 
    which the debtor could assert against the seller of goods or 
    services obtained pursuant hereto or with the proceeds 
    hereof.  Recovery hereunder by the debtor shall not exceed 
    amounts paid by the debtor hereunder. 
    BW-CCAG (Rev. 10/2020) 
     
                                                       SECURED CREDIT CARD  
                                                                  AGREEMENT  
                                                                                                                                                      (Personal Accounts) 
                                             
                                    ?  
     By requesting or accepting a Secured Mastercard  Credit  outstanding balance, your available Credit Limit will not be 
        
    Card account (�Credit Card account� or �Account�) with Bank  increased by the amount of the overpayment nor will we be 
     of the West, you agree to be bound by all the terms of this  required to authorize transactions for an amount in excess 
     Agreement. In this Agreement, the words �you� or �your�  of your Credit Limit. 
     mean everyone who has requested or accepted a Credit  3. Temporary Reduction of Credit Limit.  Merchants, 
     Card account with us. The words �we,� �us,� �our,� or �Bank�  such as car rental companies and hotels, may request prior 
     mean Bank of the West.  If you do not accept this  credit approval from us for an estimated amount of your 
     Agreement, you must notify us in writing within 5 days after  Purchases, even if you ultimately do not pay by credit. If our 
     receipt.  Use of your card or any feature (including a balance  approval is granted, your available Credit Limit will 
     transfer) of your  Credit Card Agreement shall  constitute  temporarily be reduced by the amount authorized by us.  If 
     acceptance of this Agreement.          you do not ultimately use your Credit Card account to pay 
                                            for your Purchases or if the actual amount of Purchases 
      1. Use. Your Credit Card account card (�Card�) may be  posted to your Credit Card account varies from the 
    used as a credit card for purchases of goods or services  estimated amount approved by us, it is the responsibility of 
    from participating merchants (�Purchases�) or to get Cash  the merchant, not us, to cancel the prior credit approval 
    Advances from us or any other financial institution displaying  based on the estimated amount. The failure of the merchant 
    the �Mastercard�� logo, or to purchase certain items such as  to cancel a prior credit approval may result in a temporary 
    traveler's cheques, foreign currency, money orders, wire  reduction of your available Credit Limit, but will not increase 
    transfers, lottery tickets, and (except as noted below) funds  the amount you owe us under this Agreement. 
    to be used for wagers or gambling (all of which are  4. Agreement to Pay. When you use your Card or Credit 
    collectively referred to as �Cash Advances�) up to your  Card account, or when you permit anyone to use it, you 
    Credit Limit; provided, however, you may not use your Card  agree to pay the amount of any and all transactions 
    (i) to make Purchases or obtain Cash Advances for any  (including any which may have been made in violation of this 
    illegal transaction, or (ii) for any internet or online gambling  Agreement), and the INTEREST CHARGES, and fees that 
    transactions.  Transactions for online or internet gambling  may become due as shown on the periodic statement. You 
    will not be approved.  If you use your Card for any illegal or  agree that we may change or cancel your Credit Card 
    prohibited transaction, this Agreement also applies to such  account at any time without affecting your obligation to pay 
    transaction and you agree to pay any and all amounts  the amounts that you owe under this Agreement.  
    related to such transaction pursuant to the terms of this  5. Periodic Statement. Each month we will send you a 
    Agreement. We may, in our sole discretion, restrict the use  periodic statement for each Credit Card account you have 
    of or terminate your Card if we notice excessive use of your  with us covering the previous billing period. We may not 
    Card or other suspicious activities or if we reasonably  send you a statement if your balance is less than $1 and 
    believe the Card is or has been used for one or more illegal  there were no transactions during the billing period. The 
    or prohibited transactions. You can also obtain a Cash  statement will have a �Statement Period Date�, �Statement 
    Advance by writing a special Mastercard check  Closing Date� and a �Payment Due Date,� and will show, 
    (�Convenience Check�).  The Cash Advance will be posted  among other things, your �Previous Balance,� your �New 
    to your Credit Card account when the Convenience Check  Balance,� and your minimum monthly payment, which will be 
    reaches us. If you stop payment on a Convenience Check,  shown as �Minimum Payment Due.� 
    your Credit Card account will be charged $16.00 (or as  6. Payment. You must make a payment by the �Payment 
    permitted by law) for each stop payment. We may designate  Due Date.� You have two choices: You may pay the entire 
    that only a portion of your Credit Limit is available for Cash  �New Balance� or you may pay in installments by paying at 
    Advances. In addition, you may request that we pay other  least the �Minimum Payment Due.� When your payment is 
    creditors on your behalf and transfer approved amounts to  properly received, we will allocate your payment in a manner 
    your Account (�Balance Transfers�).     we determine except as otherwise required by law.  The 
     Your Card may also be used in certain automated  Minimum Payment is applied first to fees, then to 
    terminals to gain access to your Credit Card accounts. We  INTEREST CHARGES and finally to principal. We apply the 
    have no responsibility for the failure of any machine,  Minimum Payment to balances with lower APRs, including 
    merchant, financial institution, or any other party to honor  introductory APRs, before balances with higher APRs. 
    your Card. Your Card and Credit Card account may be used  Payments made in excess of the Minimum Payment will be 
    only for valid and lawful purposes. If you use or allow  applied first to balances with the highest  ANNUAL 
    someone else to use the Card or Credit Card account for  PERCENTAGE RATE (APR) and then to each successive 
    any other purpose, you will be responsible for such use and  balance bearing the next highest ANNUAL PERCENTAGE 
    may be required to reimburse us for all amounts or  RATE. 
    expenses we pay as a result of such use.  Payments must be mailed to the BankCard Center 
     2. Credit Limit.   Your Credit Limit for  the Credit Card  address specified in your periodic statement and reach the 
    account you have with us will be based on the amount  BankCard Center during our regular business day by 5:00 
    described in paragraph  21. You agree that your total  p.m. Pacific Time for the payment to be credited the same 
    charges, including Purchases, Cash Advances, Balance  business day.  Payments made in person at one of our 
    Transfers, INTEREST CHARGES, and fees that may be  branches, or made by telephone, or made through our 
    due will not exceed your Credit Limit. If you do go over your  website or another website controlled by a third party on our 
    Credit Limit, you must repay the excess amount  behalf must be received by 5:00 p.m. Pacific Time to be 
    immediately, and we may reduce the available Credit Limit  credited the same business day. Payments received after 
    of any other Credit Card account you have with us until such  the cutoff time of 5:00 p.m. Pacific Time are credited as of 
    time the excess amount is repaid.  You may apply to  the following business day.  If you fail to properly make 
    increase your Credit Limit at any time but we are not  payments, crediting of such payments may be delayed and 
    obligated to increase your Credit Limit at any time.  you may incur late charges and additional interest as a 
    Furthermore, we reserve the right to lower your Credit Limit  result of the delay. Even when your payment is credited to 
    at any time. For security reasons, we may limit the number  your account, we may delay the availability of part or all of 
    or amount of transactions that may be accomplished with  your payment amount as credit for up to 15 days. 
    your Card or Credit Card account, and we have the right to    If a payment is returned to us for any reason, we may 
    limit authorizations to make transactions if we consider it  apply a Returned Payment Fee of $27 for the first violation 
    necessary to verify Payments received on your Credit Card  and $38 for each subsequent violation within the next six 
    account.  If we accept a payment from you in excess of your  billing cycles. The Returned Payment Fee for Iowa residents 
    BW-SCCAG (Rev. 10/2020) 
     
      
    is $27 for the first violation and $30 for each subsequent  in the �Index.� The Index is the Prime Rate published in the 
    violation within the next six billing cycles.  If the Returned  �Money Rates� table of The Wall Street Journal on the 
     Payment Fee is greater than the Minimum Payment Due,  business day immediately preceding the day your billing 
     the fee will be equal to the Minimum Payment Due.   cycle ends. If the Index is no longer available, we will 
        From time to time, we may let you skip or reduce one or  choose a new index which is based upon comparable 
     more monthly payments during a year and/or we may  information and will give you notice of our choice.   The 
     temporarily reduce or eliminate certain INTEREST  ANNUAL PERCENTAGE RATE may increase or decrease 
     CHARGES on all or a portion of your Credit Card account  each month if the  Index changes. Any new rate will be 
     balance or offer you other special terms. If we do, we will  applied as of the first day of your billing cycle during which 
     advise you of the scope and duration of the applicable skip  the  Index has changed. If the ANNUAL PERCENTAGE 
     or promotional feature. When the skip or promotional  RATE increases, you will pay a higher INTEREST 
     feature ends, your regular rates and all the terms of the  CHARGE, which may result in a higher minimum payment.  
     Agreement will resume.                    Your interest rate for Purchases and Balance Transfers 
      7. Minimum Payment - Late Payment Fee. At least the  on your Credit Card account is based on a variable rate 
     amount of the �Minimum Payment Due� must be received by  equal to the sum of the Index plus a �Rate Spread� of 18.74 
     us by the �Payment Due Date.� If it is not, we may apply a  percentage points. The interest rate for Cash Advances on 
     Late Payment fee of $27 for the first violation and $38 for  your Account is based on a variable rate equal to the sum of 
     each subsequent violation within the next six billing cycles.   the Index plus a �Rate Spread� of 21.74 percentage points. 
     The Late Payment fee for Iowa residents is $27 for the first  Immediately before each Change Date we will determine the 
     violation and $30 for each subsequent violation within the  new interest rate by adding the Rate Spread to the Index. 
     next six billing cycles.  If the Late Payment fee is greater  The new interest rate will become effective at the start of 
     than the Minimum Payment Due, the fee will be equal to the  your first billing cycle after the Change Date. Only one 
     Minimum Payment Due.  If such charge would result in an  ANNUAL PERCENTAGE RATE and Daily Periodic Rate will 
     INTEREST CHARGE greater than the maximum allowed by  be in effect for each Balance Category during the billing 
     law, we will only charge the maximum allowable rate. Your  period. The ANNUAL PERCENTAGE RATE will not exceed 
     Minimum Payment Due will be 3% of the New Balance plus  the maximum rate permitted by law. The effect of any 
     any Late Payment fee (with a minimum of the lesser of $27  increase in the ANNUAL PERCENTAGE RATE and the 
     or your New Balance) and any amount over your credit limit  Daily Periodic Rate would be to increase the amount of 
     and past due amount.                    INTEREST CHARGE or interest you must pay and thus 
                                             increase your monthly payments. 
      8. How to Avoid Paying Interest on Purchases. There 
                                             10.  Transaction Fees. You also agree to pay us the 
     may be different treatment of  INTEREST CHARGES for 
                                            appropriate fees listed below (as permitted by applicable 
     Purchases, Balance Transfers, and Cash Advances, even 
                                            law) which may be amended from time to time by us. You 
     though they are computed the same way. You may avoid 
                                            authorize us to charge your Credit Card account for the 
     paying an INTEREST CHARGE on Purchases if we receive 
                                            following fees due to us. Balance Transfer fee:  4.00% of 
     the entire New Balance by the Payment Due Date. If we do 
                                            each balance transferred, $10 minimum. Cash Advance fee: 
     not receive the entire New Balance by the Payment Due 
                                            4.00% of each Cash Advance, $10 minimum.  
     Date, the  INTEREST  CHARGE will be charged on the 
                                             11.   Foreign  Transaction  Fee. Transactions that you 
     Purchases from the date of the transaction.  INTEREST 
                                            make in a foreign currency or that you make outside of the 
     CHARGES on all other balances, including Cash Advances 
                                            United States of America even if it is made in U.S. dollars 
     and Balance Transfers, begin on the transaction date and 
                                            are considered foreign transactions.  If you make  a 
     will be assessed even if your entire New Balance is paid by 
                                            transaction in a foreign currency it will be billed to you in 
     the Payment Due Date. 
                                            U.S. Dollars. The conversion rate to U.S. Dollars will be 
      9. Computing Your INTEREST CHARGE. We figure the 
                                            determined by Visa International or Mastercard International 
     INTEREST CHARGE on each Credit Card account by 
                                            in accordance with their operating regulations or conversion 
     applying the periodic rate to the �Average Daily Balance� of 
                                            procedures in effect at the time the transaction is 
     each Balance Category on the Credit Card account, 
                                            processed. Currently, their regulations and procedures 
     including current transactions. Balance Categories include 
                                            provide that the currency conversion rate they use is either 
     Purchases, Balance Transfers, Cash Advances, 
                                            (1) a government-mandated rate or (2) a wholesale market 
     Introductory Rates and any special rate offers we may make 
                                            rate, whichever is applicable, in effect one day prior to the 
     available from time to time.  If you are charged interest, the 
                                            processing date. We do not determine the currency 
     charge will be no less than $1.00 (the minimum interest 
                                            conversion rate which is used.  You agree to pay the 
    charge will appear as �Minimum Charge� in the fees section 
                                            converted amount in U.S. funds. In addition, Visa or 
    of your statement).  
                                            Mastercard will charge us (the Bank) an international 
       a. Average Daily Balance.  To obtain the daily balance 
                                            transaction fee, currently equal to one percent (1.00%) of 
    for each Balance Category we take the beginning balance 
                                            the transaction amount. We will charge you the international 
    each day and add new transactions applicable to each 
                                            transaction fee imposed on us plus an additional  two 
    category, and subtract any payments, credits, and refunds 
                                            percent (2.00%) of the transaction amount whether that 
    applied to the category.  To figure your Average Daily 
                                            transaction was originally made in U.S. dollars or was made 
    Balance for each Balance Category, we add all your daily 
                                            in another currency and converted to U.S. dollars.  These 
    balances and divide by the number of days in the billing 
                                            two fees will be aggregated and shown as one  Foreign 
    period. 
                                            Transaction Fee on your statement. 
       b. Figuring the INTEREST CHARGE. We compute the 
                                             12. Annual Fee. We will assess an Annual Cardholder 
    INTEREST CHARGE for each Balance Category  by 
                                            Fee of $25 for each year your Account is open, whether or 
    multiplying the Average Daily Balances  by the applicable 
                                            not you use your Account and regardless of the number of 
    Daily Periodic Rate, and then we multiply the result by the 
                                            cards issued on your Account. You can avoid the Annual 
    number of days in the billing period. To determine the Daily 
                                            Cardholder Fee if you terminate your Account within 30 days 
    Periodic Rate for each Balance Category, we divide the 
                                            after the date of the periodic statement in which the Annual 
    applicable ANNUAL PERCENTAGE RATE in effect for the 
                                            cardholder fee is posted. Otherwise, the Annual Cardholder 
     billing period by 365 (366 for leap year). The way we get the 
                                            fee will not be refunded in whole or in part and shall be owed 
     ANNUAL PERCENTAGE RATE for each Balance Category 
                                            to us by you even if your Account is subsequently changed, 
     described below under �Variable Rate.� 
                                            suspended, closed or terminated for any reason. 
     c. Variable Rate. The current ANNUAL PERCENTAGE 
                                              13. Other Fees. As allowed by law, we may charge, and 
    RATE for all variable rates is shown on the Account 
                                            you agree to pay, fees for certain services or requests made 
    Opening Disclosure which has been provided to you with 
                                            by you, such as but not limited to: Automated Teller Machine 
    this Agreement. The Daily Periodic Rate and the 
                                            (�ATM�) transactions conducted at machines not operated 
    corresponding ANNUAL PERCENTAGE RATE may change 
                                            by us, requests for copies of billing statements, sales drafts, 
    each month on the first day of each of your billing cycles. 
                                            or other records of your Account, or if you request a 
    Each date on which the rate of interest could change is 
                                            replacement card(s).  However, we will not charge fees for 
    called a �Change Date.� Changes will be based on changes 
    BW-SCCAG (Rev. 10/2020) 
     
      
    copies of documents requested for a billing dispute.  These  exceed your Credit Limit. This amount may be less for Cash 
     fees may change from time to time.  We will inform you of  Advances from Network ATMs. 
     the fee(s) that you will incur prior to when the applicable  d. Card and Secret Code (PIN) Use. You are 
     service(s) is(are) provided or when you make the request(s),  responsible for all transactions in which you use your Card 
    as applicable. You authorize us to charge your Credit Card  in an automated terminal, or the use of the Card by anyone 
    account for any such fees that you incur. We reserve the  else who uses it with your permission. Security in use of the 
    right to waive a fee from time to time but a waiver does not  Card is provided by the secret code, which we will provide 
    mean we will continue to waive such fee in the future.   you, and the magnetically encoded stripe on the Card. 
        14. Interest Charges for Covered Members of the  Please keep the Card safe and also protect the secret code. 
    Armed Forces and Their Dependents: Federal law  Use the Card and the secret code as instructed at all times. 
    provides important protections to members of the Armed  Please notify us of any mechanical or operating failure in 
    Forces and their dependents relating to extensions of  connection with the use of your Card. Do not permit anyone 
    consumer credit. In general, the cost of consumer credit to a  else to use your Card and do not disclose your secret code 
    member of the Armed Forces and his or her dependent may  or record it on the Card. The Card remains the property of 
    not exceed an ANNUAL PERCENTAGE RATE of 36%. This  the Bank and can be revoked and repossessed at any time. 
    rate must include, as applicable to the credit transaction or  You must return it to us when asked. 
    account: the costs associated with credit insurance  e. Fees for Using Automated Terminal Services. 
    premiums; fees for ancillary products sold in connection with  Fees may be charged for transactions made at automated 
    the credit transaction; any application fee charged (other  teller machines not operated by us as described in 
    than certain application fees for specified credit transactions  paragraph 13-Other Fees. 
    or accounts); and any participation fee charged (other than  17. Lost or Stolen Card; Your Liability for 
    certain participation fees for a credit card account).  Unauthorized Use. Tell us AT ONCE if you believe your 
       If you are a covered member of the armed forces or a  Card has been lost or stolen. Telephoning is the best way of 
    dependent, you will not be charged annual fees, transaction  keeping your possible losses down. 
    fees, or penalty fees so that your cost may not exceed the  You may be liable for the unauthorized use of your Card 
    Military Lending Act ANNUAL PERCENTAGE RATE cap.   as a credit card. You will not be liable for unauthorized use 
    Armed Forces members and their dependents can hear  of your Card as a credit card which occurs after you notify 
    about the protections provided to them by calling 1-866-761- us at the telephone number or address stated in paragraph 
    2689 (TTY users call 1-800-659-5495).   18, orally or in writing, of loss, theft, or possible unauthorized 
     15.  Default. We may declare the entire balance for the  use. In any case, your liability for unauthorized use of your 
    Credit Card accounts  due and payable at once with or  Card as a credit card will not exceed $50.00. 
    without notice or demand if any of these events (a �Default�)  18.  Where to Call or Write. If you believe your Card has 
    happens:                                been lost or stolen or that someone is using your Card or 
       a. If you miss a payment under this Agreement or any  Credit Card account without your permission, call: 
    other obligation you owe us; or         1-800-996-2638 (for TTY call 1-800-659-5495) or write to: 
       b. If you violate any terms of this Agreement.  Bank of the West, BankCard Security Department, PO Box 
       If you are in Default, we may terminate your Credit Card  2078 Omaha, NE 68103-2078   
    account, make no more additional loans, and require you to  19.  Our Business Days. Our business days are Monday 
    immediately repay the entire unpaid balance of all amounts 
                                            through Friday, except for bank holidays. 
    due on your Credit Card account, including but not limited to 
                                             20.  Credit Investigation and Disclosure. You authorize 
    all loan amounts, late charges and other charges assessed 
                                            us, both now and in the future, to check your credit and 
    but not paid, and all of the INTEREST CHARGES accrued 
                                            employment history and to release information about our 
    but not paid. If we terminate your Credit Card account, your 
                                            credit experience with you in response to legitimate credit 
    obligation to repay the amounts you already owe us would 
                                            inquiries. If you believe that we have incorrect information or 
    continue.  
                                            have reported inaccurate information about you to a credit 
       At our option, we may also take action short of 
                                            bureau, please call us at 1-800-996-2638 (for TTY call 1-
    terminating your Credit Card account. If we take such lesser 
                                            800-659-5495).  As required by law, you are hereby notified 
    action initially, we reserve the right to terminate your Credit 
                                            that a negative credit report reflecting on your credit history 
    Card account and accelerate all amounts due under this 
                                            may be submitted to a credit reporting agency if you fail to 
    Agreement regardless of whether any additional events 
                                            fulfill the terms of your credit obligations. 
    have occurred which would permit termination and 
                                             21. Security Interest .   This  Credit  Card account  is 
    acceleration.  
                                             secured by a deposit account (�Deposit Account�) in your 
     16.  Automated Terminal Services 
                                             name only with Bank of the West.  The amount you 
       a. Automated Terminals. You may use your Card in 
                                             deposited in the Deposit Account (subject to the minimum 
    the following automated terminals: 
                                             amount required and maximum  amount allowed by the 
         (1) Any Bank of the West automated teller machines. 
                                             Bank) is your credit limit.  The Deposit Account will be used 
          (2) Any other automated teller machine that is 
                                             as collateral to secure the obligations you incur in 
     participating in a network and accepts our Card (�Network 
                                             connection with your Credit Card account. You grant the 
     ATM�) and 
                                             Bank a security interest in, and assign to the Bank, all funds 
          (3) Any point-of-sale terminal that accepts our Card 
                                             in your Deposit Account.  You agree that you will be bound 
     (�POS terminal�). 
                                             by the agreement (�Deposit Account Agreement�) for your 
       b. Services Available at an Automated Terminal  Deposit Account and that your Deposit Account is subject to 
         (1) You may use your Card at a Bank of the West or  this Agreement. You grant the Bank exclusive control over 
     any Network ATM to:                     the Deposit Account, the right to redeem, collect and 
          (a) Get a Cash Advance from your Credit Card  withdraw any part or the full amount of the Deposit Account 
     account.                                upon any default under this Agreement or if your Credit Card 
           (b) Get your Credit Card account balances. These  account is closed for any reason. The Bank may apply funds 
     balances may not include some transactions recently made  in the Deposit Account to pay off any balance on the Credit 
     in your Credit Card account. Some of the services described  Card account if the Credit Card account is closed for any 
     in subparagraphs (a) and (b) may not be available at all  reason. You may not make or otherwise arrange for any 
     Network ATMs.                           deposits to or withdrawals from the Deposit Account while 
           (c) You may use your Card at a POS terminal to  the Deposit Account secures your Credit Card account. The 
     purchase certain merchandise. The amount of your  Deposit Account will not be eligible for Auto-Save or Savings 
     purchase will automatically be charged to your Credit Card  Overdraft Protection while the Deposit Account secures your 
     account as a Purchase.                  Credit Card Account. You provide the security interest and 
       c. Limits of Automated Terminal Services  -  Cash  assignment as security for any and all amounts you may 
     Advances. You may get a Cash Advance from a Bank of  owe (including but not limited to interest, fees and charges 
     the West Automated Terminal up to an aggregate amount of  which may accrue under your Credit Card account). The 
     $500 each calendar day, provided that this amount does not  balance of your Deposit Account is only refundable after 
    BW-SCCAG (Rev. 10/2020) 
     
      
    your Credit Card account is closed and all amounts owed to  31. Authorized User.  If you elect to have an authorized 
    the Bank are paid (any remaining amount you request to be  user, you will be liable for all transactions made by that user 
    refunded may take up to 30 days to be returned to you).   on your Account. Any authorized user is not a contractually 
    You agree to pay all charges and follow all practices set  liable party. 
    forth in the Deposit Account Agreement for the Deposit  32. Our Communications with You. You agree that we, 
    Account that secures your Credit Card account and abide by  any of our affiliates, agents, independent contractors or 
    all future changes to the terms and charges for the Deposit  service providers may monitor and record telephone calls 
    Account.                                regarding your banking services to assure the quality of our 
      22.  Collection. You promise to pay all collection costs,  service or for other reasons. You expressly consent that we, 
    including, without limitation, mailgram charges, reasonable  any of our affiliates, agents, independent contractors or 
    lawyers� fees and court costs, as permitted by law.  service providers may use written, electronic, or verbal 
      23.  If There are More Than One of You. Each of you  means, or  any other medium, as permitted by law and 
    individually, or all of you together, will be liable under this  including, but not limited to, mail and facsimile, to contact 
    Agreement. We may collect from or sue any one of you, or  you. Your consent includes, but is not limited to, contact by 
    make any settlements or extensions with any one of you,  manual calling methods, prerecorded or artificial voice 
    without giving up our rights against the other. You  messages, text messages, e-mails and/or automatic 
    understand that any one of you can make Purchases, get  telephone dialing systems. You agree that we, any of our 
    Cash Advances, or perform Balance Transfers under this  affiliates, agents, independent contractors or service 
    Agreement which will be binding upon all of you.  providers may contact you by using any e-mail or any 
     24. Compliance with Law/Sanctions. You agree to  telephone number you provide, including a telephone 
    comply with all applicable laws and regulations, including  number for a cellular phone or other wireless device, 
    those relating to anti-bribery, anti-money laundering, the  regardless of whether you incur any charges as a result.   
    fight against terrorism, and sanctions (�Sanctions�), that     33. RESOLUTION OF DISPUTES BY ARBITRATION. 
    apply to the Bank or BNP Paribas S.A. You represent that  PLEASE READ THIS ARBITRATION PROVISION 
    you are not the target of Sanctions. You agree to hold the  CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
    Bank harmless from liability for any actions taken by the  WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT 
    Bank to comply with applicable laws and regulations,  BEFORE A JUDGE OR JURY AND TO BRING OR 
    including Sanctions.                    PARTICIPATE IN ANY CLASS OR OTHER 
     25.  No Waiver of Rights. If we choose to waive any of  REPRESENTATIVE ACTION. 
    the terms or conditions of this Agreement on a case-by-case  a. Agreement to Arbitrate Disputes. Except as 
    basis, such as by not declaring the entire balance due when  otherwise provided, if you are unable to resolve a dispute 
    the minimum monthly payment has not been made on time,  with us informally, you and we agree that the dispute will be 
    it does not mean that we have waived, or given up, our right  resolved through the binding arbitration process set forth in 
    to exercise any of our rights or remedies under this  this arbitration provision upon demand by either you or us.  
    Agreement in the future. We are not required to use any  b. Disputes Covered By Arbitration. Except as 
    particular kind of demand or notice in order to collect  otherwise provided, any dispute relating to or arising out of 
    amounts due to us under this Agreement. No indulgence or  your Account or this Agreement, including any aspect of any 
    acceptance by us of delinquent or partial payments  agreement governed by this Agreement, or prior or later 
    constitutes a waiver of our rights or of any provision of this  versions of this Agreement, and any changes to the terms of 
    Agreement. No waiver of any existing default shall be  this Agreement will be subject to arbitration. Except as 
    deemed to waive any subsequent default.  expressly provided, all disputes are subject to arbitration no 
     26. Changing Terms. We can change, add to, delete or  matter the legal theory or remedy (damages, or injunctive or 
    otherwise modify the terms of this Agreement at any time in  declaratory relief) sought. Disputes include (1) any 
    any way permitted by law.  We will send you a notice of  unresolved claims concerning any services relating to your 
    change at least 45 days (or as required by applicable law)  Account, including, without limitation, Purchases, Balance 
    before the effective date of the change. We do not have to  Transfers, Cash Advances, INTEREST CHARGES, your 
    send you an advance notice of the change if it favors you,  use of any of our banking locations or facilities, or any 
    such as by reducing rates, or increasing the maximum credit  means you use to access your Account; (2) any claims that 
    limit.  Except in cases where we are changing terms due to  arose before you and we entered into this Agreement (such 
    the Minimum Payment Due not being received within 60  as disputes related to advertising) and after the termination 
    days of the Payment Due Date, you agree that the change  of this Agreement; (3) not only claims made directly by you, 
    may cover all transactions made 15 days after we mail the  but also made by anyone connected with you or claiming 
    notice.  If you do not agree to the change, a method for  through you, such as an authorized user, a beneficiary, 
    rejecting the change and closing the  Account will be  employee, representative, agent, predecessor or successor, 
    provided in the Change of Terms Notice.   You agree that if  heir, assignee, or trustee in bankruptcy; (4) not only claims 
    you use your card after the effective date of the change, this  that relate directly to us, but also our parent, affiliates, 
    will constitute your agreement with the change.   successors, assignees, employees, and agents and claims 
     27. Canceling this Agreement. We have the right to  for which we may be directly or indirectly liable, even if we 
    cancel this Agreement at any time by sending a notice to  are not properly named at the time the claim is made; (5) 
    any one of you in writing. You also have the same right to  claims based on any theory of law, contract, statute, 
    cancel this Agreement at any time by sending us a notice in  regulation, tort (including fraud or any intentional tort), or any 
    writing. If this Agreement is canceled by you or us, your  other legal or equitable ground, and include claims made as 
    obligation is to repay amounts you already owe under this  counterclaims, cross-claims, third party claims, 
    Agreement, and you must return your Card to us or destroy  interpleaders or otherwise; (6) claims made as part of a 
    the card.  In either case, the Account will be closed and you  class action or other representative action, being expressly 
    will no longer have access to the Account.  understood and agreed that arbitration of such claims must 
     28.  Governing Law. This Agreement will be governed by  proceed on an individual (non-class, non-representative) 
    the laws of the State of Nebraska, and, as applicable,  basis; and (7) claims relating to the enforceability or 
    federal law, regardless of where the transactions are made.  interpretation of this arbitration provision. A party who 
     29.  Monitoring/Recording Telephone Calls.  Our  initiates a proceeding in court may elect arbitration with 
    supervisory personnel may listen to and record your  respect to any dispute advanced in that proceeding by any 
    telephone calls to us for the purpose of monitoring and  other party. This arbitration provision shall survive any 
    improving the quality of service you receive.  termination of this Agreement or your Account.  
     30.  Severability.  All other provisions of this Agreement  c. Disputes Not Covered By Arbitration.  Disputes 
    shall remain in full force even if one or more provisions of  filed by you or by us individually in a small claims court are 
    this Agreement are held invalid, illegal, void or  not subject to arbitration if the disputes remain in such court 
    unenforceable by any rule or law, administrative order or  and advance only as an individual claim for relief.  
    judicial decision.                         d. Opt Out. You have the right to opt out of arbitration 
                                            by sending a signed written notice stating your decision to 
    BW-SCCAG (Rev. 10/2020) 
     
      
    opt out of arbitration to BANK OF THE WEST at Loan  h. Public Injunctive Relief Waiver. If either you or we 
    Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days  elect to arbitrate a dispute, neither you nor we will have the 
    after the date you opened your Account (�Account Open  right to seek a public injunction in arbitration or in court, if 
     Date�).                                such a waiver is permitted by the FAA. If any waiver of 
       e. Commencing an Arbitration. The party initiating  public injunctive relief in this arbitration provision (as set 
    arbitration must choose one of the following arbitration  forth in any part of this arbitration provision) is found to be 
    forums to administer arbitration under the forum�s rules  invalid or unenforceable, and that decision is not reversed 
    (except as modified by this Agreement): (i) the American  on appeal, any claim for a public injunction will be decided 
    Arbitration Association (�AAA�) under AAA�s Consumer  in court after all other disputes to be decided in arbitration 
    Arbitration Rules available at www.adr.org or 1-800-778- under this arbitration provision are arbitrated and the 
    7879; (ii) JAMS under JAMS� Comprehensive Arbitration  arbitration award regarding individual relief has been 
    Rules & Procedures or Streamlined Arbitration Rules &  entered in court. In no event will a claim for public 
    Procedures, including JAMS� Consumer Minimum  injunctive relief be arbitrated. As set forth in �Severability� 
    Standards (but not JAMS� Class Action Procedures),  below, the invalidity or unenforceability of this paragraph 
    available at www.jamsadr.com or 1-800-352-5267.   will not affect the validity or enforceability of the remainder 
       f.  Arbitration Procedure. Arbitration shall be decided  of this arbitration provision.   
    by a single neutral arbitrator selected in accordance with  i. Arbitration Costs. We will pay the filing, 
    AAA�s or JAMS� rules, as applicable. The arbitrator will  administrative and/or arbitrator�s fees or compensation 
    decide the dispute in accordance with the terms of our  (�Arbitration Fees�) that we are required to pay pursuant to 
    agreements and applicable substantive law, including the  the arbitration forums� rules or the law. In addition, with 
    Federal Arbitration Act and applicable statutes of limitation.  respect to Arbitration Fees that you are required to pay 
    The arbitrator shall honor claims of privilege recognized at  under the arbitration forum�s rules in connection with an 
    law. Except as otherwise provided, the arbitrator may award  individual arbitration you have commenced against us, if you 
    damages or other relief (including injunctive relief) available  would like us to consider paying them because you are 
    to the individual claimant under applicable law. The  unable to do so, you must first request a waiver or reduction 
    arbitrator will not have the authority to award relief to, or  of the Arbitration Fees from the arbitration forum. If the 
    against, any person or entity who is not a party to the  request is denied or you remain unable to pay the reduced 
    arbitration. An award in arbitration shall determine the rights  Arbitration Fees, we will consider paying them if we receive 
    and obligations between the named parties only, and only  a written request by you sent to Bank of the West Legal 
    with respect to the dispute in arbitration and shall not have  Department, 180 Montgomery Street, San Francisco, 
    any bearing on the rights and obligations of any other  California 94104. 
    persons, or on the resolution of any other dispute. The  j. Applicable Law. You and we are participating in 
    arbitrator will take reasonable steps to protect your Account  transactions that involve interstate commerce and this 
    information and other proprietary or confidential information.  arbitration provision and any resulting arbitration are 
    Any arbitration hearing shall take place in the same city as  governed by the Federal Arbitration Act. To the extent state 
    the U.S. District Court closest to your home address, unless  law applies, the laws of the state governing your Account 
    the parties agree in writing to a different location or the  relationship apply. No state statute pertaining to arbitration 
    arbitrator so orders. If you seek a total recovery of $10,000  shall apply.  
    or less, you may choose whether the arbitration will be  k.  Severability. Except as provided in �Public Injunctive 
    conducted solely on the basis of documents submitted to  Relief Waiver,� if any part of this arbitration provision 
    the arbitrator, through a telephonic hearing, or by an in- regarding joinder, consolidation, class actions, class 
    person hearing in accordance with AAA�s or JAMS� rules. At  arbitrations, general public or private attorney general 
    your or our request, the arbitrator will issue a reasoned  actions is found to be illegal or unenforceable, that invalid 
    written decision sufficient to explain the essential findings  part shall not be severable and this entire agreement to 
    and conclusions on which the award is based. The  arbitrate disputes shall be unenforceable. If any other part of 
    arbitrator�s award shall be final and binding, subject to  this arbitration provision, including �Public Injunctive Relief 
    judicial review only to the extent allowed under the Federal  Waiver,� is deemed to be invalid or unenforceable, that 
    Arbitration Act. You or we may seek to have the award  invalid part will be severed from the remainder of this 
    vacated or confirmed and entered as a judgment in any  arbitration provision and the remainder of this arbitration 
    court with jurisdiction.                provision will be enforced. 
       g. No Class Action or Joinder of Parties. You and we   
    agree that no class action, private attorney general or other   
    representative claims may be pursued in arbitration and no    
    such action may be pursued in court if either you or we elect   
    arbitration. Unless mutually agreed to by you and us, claims 
    of two or more persons may not be joined, consolidated, or 
    otherwise brought together in the same arbitration (unless 
    those persons are joint account holders or beneficiaries on 
    your Account or related accounts, or parties to a single 
    transaction or related transaction). 
                                              
                        
                                             
     
                                     Your Billing Rights  
                                Keep This Notice for Future Use 
            This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
    What To Do If You Find a Mistake on Your Statement  �  Description of problem: If you think there is an error 
    If you think there is an error on your statement, write to us  on your bill, describe what you believe is wrong and 
    at:                                          why you believe it is a mistake. 
             Bank of the West                  You must contact us: 
             BankCard Customer Service Department  �  Within 60 days after the error appeared on your 
             PO Box 2319                         statement. 
             Omaha, NE 68172-9793             �  At least 3 business days before an automated 
       In your letter, give us the following information:  payment is scheduled, if you want to stop payment 
      �  Account information: Your name and Credit Card  on the amount you think is wrong. 
         account number.                    You must notify us of any potential errors in writing  [or 
      �  Dollar amount: The dollar amount of the suspected  electronically].  You may call us, but if you do we are not 
         error. 
    BW-SCCAG (Rev. 10/2020) 
     
      
    required to investigate any potential errors and you may  While we investigate, the same rules apply to the disputed 
    have to pay the amount in question.     amount as discussed above.  After we finish our 
                                            investigation, we will tell you our decision.  At that point, if 
     What Will Happen After We Receive Your Letter  we think you owe an amount and you do not pay, we may 
      When we receive your letter, we must do two things:  report you as delinquent. 
      1. Within 30 days of receiving your letter, we must tell you   
    that we received your letter.  We will also tell you if we have  NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
    already corrected the error.            Credit Card Agreement is subject to all claims and defenses 
      2. Within 90 days of receiving your letter, we must either  which the debtor could assert against the seller of goods or 
    correct the error or explain to you why we believe the bill is  services obtained pursuant hereto or with the proceeds 
    correct.  While we investigate whether or not there has  hereof.  Recovery hereunder by the debtor shall not exceed 
    been an error:                          amounts paid by the debtor hereunder. 
       
       �  We cannot try to collect the amount in question, or 
         report you as delinquent on that amount. 
       �  The charge in question may remain on your 
         statement, and we may continue to charge you 
         interest on that amount. 
       �  While you do not have to pay the amount in 
         question, you are responsible for the remainder of 
         your balance. 
       �  We can apply any unpaid amount against your 
         credit limit. 
      
     After we finish our investigation, one of two things will 
    happen: 
      
       �  If we made a mistake: You will not have to pay the 
         amount in question or any interest or other fees 
         related to that amount. 
       �  If we do not believe there was a mistake: You will 
         have to pay the amount in question, along with 
         applicable interest and fees.  We will send you a 
         statement of the amount you owe and the date 
         payment is due.  We may then report you as 
         delinquent if you do not pay the amount we think 
         you owe. 
      
     If you receive our explanation but still believe your bill is 
    wrong, you must write to us within 10 days telling us that you 
    still refuse to pay.  If you do so, we cannot report you as 
    delinquent without also reporting that you are questioning 
    your bill.  We must tell you the name of anyone to whom we 
    reported you as delinquent, and we must let those 
    organizations know when the matter has been settled 
    between us. 
      
     If we do not follow all of the rules above, you do not have 
    to pay the first $50 of the amount you question even if your 
    bill is correct. 
      
     Your Rights If You Are Dissatisfied With Your Credit 
    Card Purchases 
     If you are dissatisfied with the goods or services that you 
    have purchased with your credit card and you have tried in 
    good faith to correct the problem with the merchant, you 
    may have the right not to pay the remaining amount due on 
    the purchase. 
      
     To use this right, all of the following must be true: 
     1. The purchase must have been made in your home state 
    or within 100 miles of your current mailing address, and the 
    purchase price must have been more than $50.  (Note: 
    Neither of these are necessary if your purchase was based 
    on an advertisement we mailed to you, or if we own the 
    company that sold you the goods or services.) 
     2. You must have used your credit card for the purchase.  
    Purchases made with cash advances from an ATM or with a 
    check that accesses your  Credit  Card account do not 
    qualify. 
     3. You must not yet have fully paid for the purchase. 
     
     If all of the criteria above are met and you are still 
    dissatisfied with the purchase, contact us in writing at: 
       Bank of the West 
       BankCard Customer Service Department 
       PO Box 2319 
       Omaha, NE 68172-9793 
      
    BW-SCCAG (Rev. 10/2020) 
     
                                  
                                                   CREDIT CARD AGREEMENT  
                                                                  TM      �
                                                (Wealth Management World Elite  Mastercard  Credit Card) 
                                             
    The terms of the Bank of the West Wealth Management  at any time. For security reasons, we may limit the number 
    World Elite Mastercard Credit Card are available to the  or amount of transactions that may be accomplished with 
    Bank�s Wealth Management clients.       your Card or Credit Card account, and we have the right to 
                                            limit authorizations to make transactions if we consider it 
    By requesting or accepting any Wealth Management World  necessary to verify Payments received on your Credit Card 
    Elite Mastercard Credit Card account (individually or  account.  If we accept a payment from you in excess of your 
    collectively called �Credit Card account� or �Account�) with  outstanding balance, your available Credit Limit will not be 
    Bank of the West, you agree to be bound by all the terms of  increased by the amount of the overpayment nor will we be 
    this Agreement. In this Agreement, the words �you� or �your�  required to authorize transactions for an amount in excess 
    mean everyone who has requested or accepted a Credit  of your Credit Limit. 
    Card account with us. The words �we,� �us,� �our,� or �Bank�  3. Temporary Reduction of Credit Limit.   Some 
    mean Bank of the West.  If you do not accept this  merchants (for example, car rental companies and hotels) 
    Agreement, you must notify us in writing within 5 days after  may request prior credit approval from us for an estimated 
    receipt.  Use of your card or any feature (including a balance  amount of your Purchases, even if you ultimately do not pay 
    transfer) of your  Credit Card Agreement shall constitute  by credit. If our approval is granted, your available Credit 
    acceptance of this Agreement.           Limit will temporarily be reduced by the amount authorized 
                                            by us. If you do not ultimately use your Credit Card account 
     1. Use. Your Wealth Management World Elite Mastercard  to pay for your Purchases or if the actual amount of 
    Credit Card (individually or collectively called �Card�) may be  Purchases posted to your Credit Card account varies from 
    used as a credit card for purchases of goods or services  the estimated amount approved by us, it is the responsibility 
    from participating merchants (�Purchases�) or to get Cash  of the merchant, not us, to cancel the prior credit approval 
    Advances from us or any other financial institution displaying  based on the estimated amount. The failure of the merchant 
    the �Mastercard� logo, or to purchase certain items such as  to cancel a prior credit approval may result in a temporary 
    traveler's cheques, foreign currency, money orders, wire  reduction of your available Credit Limit, but will not increase 
    transfers, lottery tickets, and (except as noted below) funds  the amount you owe us under this Agreement. 
    to be used for wagers or gambling (all of which are  4. Agreement to Pay. When you use your Card or Credit 
    collectively referred to as �Cash Advances�) up to your  Card account, or when you permit anyone to use it, you 
    Credit Limit; provided, however, you may not use your Card  agree to pay the amount of any and all  transactions 
    (i) to make Purchases or obtain Cash Advances for any  (including any which may have been made in violation of this 
    illegal transaction, or (ii) for any internet or online gambling  Agreement), and the INTEREST CHARGES and fees that 
    transactions. Transactions for online or internet gambling  may become due as shown on the periodic statement. You 
    will not be approved.  If you use your Card for any illegal or  agree that we may change or cancel your Credit Card 
    prohibited transaction, this Agreement also applies to such  account at any time without affecting your obligation to pay 
    transaction and you agree to pay any and all amounts  the amounts that you owe under this Agreement.  
    related to such transaction pursuant to the terms of this  5. Periodic Statement. Each month we will send you a 
    Agreement. We may, in our sole discretion, restrict the use  periodic statement for each Credit Card account you have 
    of or terminate your Card if we notice excessive use of your  with us covering the previous billing period. We may not 
    Card or other suspicious activities or if we reasonably  send you a statement if your balance is less than $1 and 
    believe the Card is or has been used for one or more illegal  there were no transactions during the billing period. The 
    or prohibited transactions. You can also obtain a Cash  statement will have a �Statement Period Date�, �Statement 
    Advance by writing a special Mastercard check  Closing Date� and a �Payment Due Date,� and will show, 
    (�Convenience Check�). The Cash Advance will be posted  among other things, your �Previous Balance,� your �New 
    to your Credit Card account when the Convenience Check  Balance,� and your minimum monthly payment, which will be 
    reaches us. If you stop payment on a Convenience Check,  shown as �Minimum Payment Due.� 
    your Credit Card account will be charged $16.00 (or as  6. Payment. You must make a payment by the �Payment 
    permitted by law) for each stop payment. We may designate  Due Date.� You have two choices: You may pay the entire 
    that only a portion of your Credit Limit is available for Cash  �New Balance� or you may pay in installments by paying at 
    Advances.  In addition, you may request that we pay other  least the �Minimum Payment Due.� When your payment is 
    creditors on your behalf and transfer approved amounts to  properly received, we will allocate your payment in a manner 
    your Account (�Balance Transfers�).     we determine except as otherwise required by law.  The 
     Your Card may also be used in certain automated  Minimum Payment is applied first to fees, then to 
    terminals to gain access to your Credit Card accounts. We  INTEREST CHARGES and finally to principal. We apply the 
    have no responsibility for the failure of any machine,  Minimum Payment to balances with lower APRs, including 
    merchant, financial institution, or any other party to honor  introductory APRs, before balances with higher APRs. 
    your Card. Your Card and Credit Card account may be used  Payments made in excess of the Minimum Payment will be 
    only for valid and lawful purposes. If you use or allow  applied first to balances with the highest  ANNUAL 
    someone else to use the Card or Credit Card account for  PERCENTAGE RATE (APR) and then to each successive 
    any other purpose, you will be responsible for such use and  balance bearing the next highest ANNUAL PERCENTAGE 
    may be required to reimburse us for all amounts or  RATE. 
    expenses we pay as a result of such use.   Payments must be mailed to the BankCard Center 
     2. Credit Limit. We will notify you of the Credit Limit for  address specified in your periodic statement and reach the 
    each Credit Card account you have with us. You agree that  BankCard Center during our regular business day by 5:00 
    your total charges, including Purchases, Cash Advances,  p.m. Pacific Time for the payment to be credited the same 
    Balance Transfers, INTEREST CHARGES, and fees that  business day.  Payments made in person at one of our 
    may be due will not exceed your Credit Limit. If you do go  branches, or made by telephone, or made through our 
    over your Credit Limit, you must repay the excess amount  website or another website controlled by a third party on our 
    immediately, and we may reduce the available Credit Limit  behalf must be received by 5:00 p.m. Pacific Time to be 
    of any other Credit Card account you have with us until such  credited the same business day. Payments received after 
    time the excess amount is repaid.   You may apply to  the cutoff time of 5:00 p.m. Pacific Time are credited as of 
    increase your Credit Limit at any time but we are not  the following business day.  If you fail to properly make 
    obligated to increase your Credit Limit at any time.  payments, crediting of such payments may be delayed and 
    Furthermore, we reserve the right to lower your Credit Limit  you may incur late charges and additional interest as a 
          
    BW-WECCAG (Rev. 10/2020) 
      
    result of the delay. Even when your payment is credited to  c. Fixed Rate. Introductory ANNUAL PERCENTAGE 
    your Account, we may delay the availability of part or all of  RATES for  Purchases, Balance Transfers or Cash 
    your payment amount as credit for up to 15 days.  Advances may vary, if applicable. Please refer to your 
       If a payment is returned to us for any reason, we may  Account Opening Disclosures for specific introductory period 
     apply a Returned Payment Fee of $27 for the first violation  and ANNUAL PERCENTAGE RATES associated with your 
     and $38 for each subsequent violation within the next six  Account.  After the Introductory Period ends, your regular 
     billing cycles. The Returned Payment Fee for Iowa residents  ANNUAL PERCENTAGE RATES for Purchases, Balances 
     is $27 for the first violation and $30 for each subsequent  Transfers or Cash Advances will apply. 
     violation within the next six billing cycles.  If the Returned  d. Variable Rate. The current ANNUAL PERCENTAGE 
    Payment Fee is greater than the Minimum Payment Due,  RATE  for all variable rates  is shown on the  Account 
    the fee will be equal to the Minimum Payment Due.   Opening Disclosure which has been provided to you with 
       From time to time, we may let you skip or reduce one or  this Agreement. The Daily Periodic Rate and the 
    more monthly payments during a year and/or we may  corresponding ANNUAL PERCENTAGE RATE may change 
    temporarily reduce or eliminate certain INTEREST  each month on the first day of each of your billing cycles. 
    CHARGES on all or a portion of your Credit Card account  Each date on which the rate of interest could change is 
    balance or offer you other special terms. If we do, we will  called a �Change Date.� Changes will be based on changes 
    advise you of the scope and duration of the applicable skip  in the �Index.� The Index is the Prime Rate published in the 
    or promotional feature. When the skip or promotional  �Money Rates� table of The Wall Street Journal  on  the 
    feature ends, your regular rates and all the terms of the  business day immediately preceding the day your billing 
    Agreement will resume.                  cycle ends. If the Index is no longer available, we will 
     7. Minimum Payment - Late Payment Fee. At least the  choose a new index which is based upon comparable 
    amount of the �Minimum Payment Due� must be received by  information and will give you notice of our choice.   The 
    us by the �Payment Due Date.� If it is not, we may apply a  ANNUAL PERCENTAGE RATE may increase or decrease 
    Late Payment fee of $27 for the first violation and $38 for  each month if the  Index changes. Any new rate will be 
    each subsequent violation within the next six billing cycles.   applied as of the first day of your billing cycle during which 
    The Late Payment fee for Iowa residents is $27 for the first  the  Index has changed. If the ANNUAL PERCENTAGE 
    violation and $30 for the subsequent violation within the next  RATE increases, you will pay a higher  INTEREST 
    six billing cycles.  If the Late Payment fee is greater than the  CHARGE, which may result in a higher minimum payment.  
    Minimum Payment Due, the fee will be equal to the    Your interest rate for Purchases (after the Introductory 
    Minimum Payment Due.  If such charge would result in an  Period) and Balance Transfers on your Wealth Management 
    INTEREST CHARGE greater than the maximum allowed by  World Elite Mastercard Account is based on a variable rate 
    law, we will only charge the maximum allowable rate.  Your  equal to the sum of the Index plus a �Rate Spread� of 3.90 
    Minimum Payment Due will be 3% of the New Balance plus  percentage points. The interest rate for Cash Advances on 
    any Late Payment fee (with a minimum of the lesser of $27  your Account is based on a variable rate equal to the sum of 
    or your New Balance) and any amount over your credit limit  the Index plus a �Rate Spread� of 21.74 percentage points.  
    and past due amount.                    Immediately before each Change Date we will determine the 
                                            new interest rate by adding the Rate Spread to the Index.  
     8. How to Avoid Paying Interest on Purchases. There 
                                            The new interest rate will become effective at the start of 
    may be different treatment of INTEREST CHARGES for 
                                            your first billing cycle after the Change Date. Only one 
    Purchases, Balance Transfers, and Cash Advances, even 
                                            ANNUAL PERCENTAGE RATE and Daily Periodic Rate will 
    though they are computed the same way. You may avoid 
                                            be in effect for each Balance Category during the billing 
    paying an INTEREST CHARGE on Purchases if we receive 
                                            period. The ANNUAL PERCENTAGE RATE will not exceed 
    the entire New Balance by the Payment Due Date.  If we do 
                                            the maximum rate permitted by law. The effect of any 
    not receive the entire New Balance by the Payment Due 
                                            increase in the Annual Percentage Rate  ANNUAL 
    Date, the INTEREST CHARGE will be charged on the 
                                            PERCENTAGE RATE and the Daily Periodic Rate would be 
    Purchases from the date of the transaction.  INTEREST 
                                            to increase the amount of INTEREST CHARGE or interest 
    CHARGES on all other balances, including Cash Advances 
                                            you must pay and thus increase your monthly payments. 
    and Balance Transfers, begin on the transaction date and 
                                              10.  Transaction Fees. You also agree to pay us the 
    will be assessed even if your entire New Balance is paid by 
                                            appropriate fees listed below (as permitted by applicable 
    the Payment Due Date. 
                                            law) which may be amended from time to time by us. You 
     9. Computing Your INTEREST CHARGE. We figure the 
                                            authorize us to charge your Credit Card account for the 
    INTEREST CHARGE on each Credit Card account by 
                                            following fees due to us. Balance Transfer fee: 4.00% of 
    applying the periodic rate to the �Average Daily Balance� of 
                                            each balance transferred, $10 minimum. Cash Advance fee: 
    each Balance Category on the Credit Card account, 
                                            4.00% of each Cash Advance, $10 minimum.  
    including current transactions. Balance Categories include 
                                             11.  Foreign Transactions. Transactions that you make 
    Purchases, Balance Transfers, Cash Advances, 
                                            in a foreign currency or that you make outside of the United 
    Introductory Rates and any special rate offers we may make 
                                            States of America even if it is made in U.S. dollars are 
    available from time to time.  If you are charged interest, the 
                                            considered foreign transactions.  If you make a transaction 
    charge will be no less than $1.00 (the minimum interest 
                                            in a foreign currency it will be billed to you in U.S. Dollars. 
    charge will appear as �Minimum Charge� in the fees section 
                                            The conversion rate to U.S. Dollars will be determined by 
    of your statement).  
                                            Mastercard International in accordance with their operating 
       a. Average Daily Balance. To obtain the daily balance 
                                            regulations or conversion procedures in effect at the time 
    for each Balance Category we take the beginning balance 
                                            the transaction is processed. Currently, their regulations and 
    each day and add new transactions applicable to each 
                                            procedures provide that the currency conversion rate they 
    category, and subtract any payments, credits, and refunds 
                                            use is either (1) a government-mandated rate or (2) a 
    applied to the category.  To figure your Average Daily 
                                            wholesale market rate, whichever is applicable, in effect one 
    Balance for each Balance Category, we add all your daily 
                                            day prior to the processing date. We do not determine the 
    balances and divide by the number of days in the billing 
                                            currency conversion rate which is used.  You agree to pay 
    period. 
                                            the converted amount in U.S. funds.  
       b. Figuring the INTEREST CHARGE. We compute the 
                                              12. Annual Membership Fee. The Wealth Management 
    INTEREST CHARGE for each Balance Category  by 
                                            World Elite Mastercard Credit Card is subject to an Annual 
    multiplying these Average Daily Balances by the applicable 
                                            Membership Fee of $295. The Annual Membership Fee will 
    Daily Periodic Rate, and then we multiply the result by the 
                                            be assessed in the first billing cycle after Account opening 
    number of days in the billing period. To determine the Daily 
                                            and annually thereafter. A credit in the amount of the Annual 
    Periodic Rate for each Balance Category, we divide the 
                                            Membership Fee (the �AMF Credit�) for the first year will 
    applicable ANNUAL PERCENTAGE RATE in effect for the 
                                            appear on your first billing statement. No later than the first 
    billing period by 365 (366 for leap year). The way we get the 
                                            business day of the last month of the quarter preceding the 
    ANNUAL PERCENTAGE RATE for each Balance Category 
                                            annual anniversary of the Account�s opening date (Annual 
    is described below under �Fixed Rate� and �Variable Rate.� 
                                            Fee Determination Date), the Bank will determine whether 
          
    BW-WECCAG (Rev. 10/2020) 
      
    or not to apply the AMF Credit by evaluating your month-end  initially, we reserve the right to terminate your Credit Card 
    Eligible Qualified Balances for the prior 3 consecutive  account and accelerate all amounts due under this 
    months selected by the Bank. The AMF Credit will be  Agreement regardless of whether any additional events 
    applied if you maintain month-end Eligible Qualified  have occurred which would permit termination and 
    Balances of $250,000 or more, as calculated by the Bank, in  acceleration.  
    any one of the prior 3 consecutive months used to evaluate  16.  Automated Terminal Services 
    eligibility.  If you do not qualify for the AMF Credit, within 90  a. Automated Terminals. You may use your Card in 
    days of the fee being charged, you can increase your  the following automated terminals: 
    Eligible Qualified Balances or close your Account and    (1) Any Bank of the West automated teller machines. 
    request to have the AMF Credit applied retroactively.     (2) Any other automated teller machine that is 
      The term �Eligible Qualified Balances� used in this  participating in a network and accepts our Card (�Network 
    Agreement means and shall include (i) deposits and  ATM�) and 
    investments maintained with the Bank, including those    (3) Any point-of-sale terminal that accepts our Card 
    maintained with the Bank�s Investment Management or  (�POS terminal�). 
    Trust Services departments, and (ii) investment balances  b. Services Available at an Automated Terminal 
    with the Bank�s affiliate, BancWest Investment Services,    (1) You may use your Card at a Bank of the West or 
    Inc. Eligible Qualified Balances may be owned by you  any Network ATM to: 
     directly, or held in any trust controlled by you as settlor and     (a) Get a Cash Advance from your Credit Card 
     trustee. Deposits or investments held by business entities  account. 
     that are wholly-owned and controlled by you may also be     (b) Get your Credit Card account balances. These 
     included. Eligible Qualified Balances do not include any  balances may not include some transactions recently made 
     account prohibited by law or which the inclusion of may  in your Credit Card account. Some of the services described 
     result in a breach of any fiduciary duty, law or regulation,  in subparagraphs (a) and (b) may not be available at all 
     including the Employee Retirement Income Security Act of  Network ATMs. 
     1974 (�ERISA�).                               (c) You may use your Card at a POS terminal to 
      13. Other Fees. As allowed by law, we may charge, and  purchase certain merchandise. The amount of your 
                                             purchase will automatically be charged to your Credit Card 
    you agree to pay, fees for certain services or requests made 
                                             account as a Purchase. 
    by you, such as but not limited to: Automated Teller Machine 
    (�ATM�) transactions conducted at machines not operated  c. Limits of Automated Terminal Services  -  Cash 
    by us, requests for copies of billing statements, sales drafts,  Advances. You may get a Cash Advance from a Bank of 
    or other records of your Account, or if you request a  the West Automated Terminal up to an aggregate amount of 
    replacement card(s).  However, we will not charge fees for  $1,000 each calendar day, provided that this amount does 
    copies of documents requested for a billing dispute.  These  not exceed your Credit Limit. This amount may be less for 
    fees may change from time to time.  We will inform you of  Cash Advances from Network ATMs. 
    the fee(s) that you will incur prior to when the applicable  d. Card and Secret Code  (PIN)  Use. You are 
    service(s) is(are) provided or when you make the request(s),  responsible for all transactions in which you use your Card 
    as applicable. You authorize us to charge your Credit Card  in an automated terminal, or the use of the Card by anyone 
    account for any such fees that you incur. We reserve the  else who uses it with your permission. Security in use of the 
    right to waive a fee from time to time but a waiver does not  Card is provided by the secret code, which we will provide 
    mean we will continue to waive such fee in the future.  you, and the magnetically encoded stripe on the Card. You 
     14. Interest Charges for Covered Members of the  are responsible for  keeping the Card safe and also  for 
    Armed Forces and Their Dependents: Federal law  protecting the secret code. Use the Card and the secret 
    provides important protections to members of the Armed  code only as instructed at all times. Please notify us of any 
    Forces and their dependents relating to extensions of  mechanical or operating failure in connection with the use of 
    consumer credit. In general, the cost of consumer credit to a  your Card. Do not permit anyone else to use your Card and 
    member of the Armed Forces and his or her dependent may  do not disclose your secret code or record it on the Card. 
    not exceed an annual percentage rate of 36%. This rate  The Card remains the property of the Bank and can be 
    must include, as applicable to the credit transaction or  revoked and repossessed at any time. You must return it to 
    account: the costs associated with credit insurance  us when asked. 
    premiums; fees for ancillary products sold in connection with  e. Fees for Using Automated Terminal Services. 
    the credit transaction; any application fee charged (other  Fees may be charged for transactions made at automated 
    than certain application fees for specified credit transactions  teller machines not operated by us as described in 
    or accounts); and any participation fee charged (other than  paragraph 13-Other Fees. 
    certain participation fees for a credit card account).  17. Lost or Stolen Card; Your Liability for 
       If you are a covered member of the armed forces or a  Unauthorized Use. Tell us AT ONCE if you believe your 
    dependent, you will not be charged annual fees, transaction  Card has been lost or stolen. Telephoning is the best way of 
    fees, or penalty fees so that your cost may not exceed the  keeping your possible losses down. 
    Military Lending Act annual percentage rate cap.   Armed  You may be liable for the unauthorized use of your Card 
     Forces members and their dependents can hear about the  as a credit card. You will not be liable for unauthorized use 
     protections provided to them by calling 1-866-761-2689  of your Card as a credit card which occurs after you notify 
     (TTY users call 1-800-659-5495).       us at the telephone number or address stated in paragraph 
                                            18 orally or in writing, of loss, theft, or possible unauthorized 
      15.  Default. We may declare the entire balance for all 
                                            use. In any case, your liability for unauthorized use of your 
     Credit Card accounts due and payable at once with or 
                                            Card as a credit card will not exceed $50.00. 
     without notice or demand if any of these events (a �Default�) 
                                              18.  Where to Call or Write. If you believe your Card has 
     happens: 
                                            been lost or stolen or that someone is using your Card or 
       a. If you miss a payment under this Agreement or any 
                                            Credit Card account without your permission, call: 1-866-
     other obligation you owe us; or 
                                            218-4959 (for TTY all 1-800-659-5495) or write to: Bank of 
       b. If you violate any terms of this Agreement. 
                                            the West, BankCard Security Department, PO Box 2078, 
      If you are in Default, we may terminate your Credit Card 
                                            Omaha, NE 68103-2078.  
     account, make no more additional loans, and require you to  
                                             19.  Our Business Days. Our business days are Monday 
     immediately repay the entire unpaid balance of all amounts 
                                            through Friday, except for bank holidays. 
     due on your Credit Card account, including but not limited to 
     all loan amounts, late charges and other charges assessed  20.  Credit Investigation and Disclosure. You authorize 
     but not paid, and all of the INTEREST CHARGES accrued  us, both now and in the future, to check your credit and 
     but not paid. If we terminate your Credit Card account, your  employment history and to release information about our 
     obligation to repay the amounts you already owe us would  credit experience with you in response to legitimate credit 
     continue.                              inquiries. If you believe that we have incorrect information or 
      At our option, we may also take action short of terminating  have reported inaccurate information about you to a credit 
     your Credit Card account. If we take such lesser action 
          
    BW-WECCAG (Rev. 10/2020) 
      
    bureau, please call us at 1-866-218-4959 (for TTY call 1- unenforceable by any rule or law, administrative order or 
     800-659-5495).                         judicial decision. 
      21. Security Interest. We have no security for any  31. Authorized User.  If you elect to have an authorized 
     amounts which become due under this Agreement, even  user, you will be liable for all transactions made by that user 
     though any other agreement you may have with us, such as  on your Account. Any authorized user is not a contractually 
     a mortgage, may provide for such a security interest, unless  liable party. 
     you have given us a specific security interest in connection   32. Our Communications with You.  You agree that we, 
     with this Agreement, which is described on the Supplement  any of our affiliates, agents, independent contractors or 
     attached to this Agreement.            service providers may monitor and record telephone calls 
      22.  Collection. You promise to pay all collection costs,  regarding your banking services to assure the quality of our 
     including, without limitation, mailgram charges, reasonable  service or for other reasons. You expressly consent that we, 
     lawyers� fees and court costs, as permitted by law.  any of our affiliates, agents, independent contractors or 
      23.  If There are More Than One of You. Each of you  service providers may use written, electronic, or verbal 
    individually, or all of you together, will be liable under this  means, or  any other medium, as permitted by law and 
    Agreement. We may collect from or sue any one of you, or  including, but not limited to, mail and facsimile, to contact 
    make any settlements or extensions with any one of you,  you. Your consent includes, but is not limited to, contact by 
    without giving up our rights against the other. You  manual calling methods, prerecorded or artificial voice 
    understand that any one of you can make Purchases, get  messages, text messages, e-mails and/or automatic 
     Cash Advances, or perform Balance Transfers under this  telephone dialing systems. You agree that we, any of our 
    Agreement which will be binding upon all of you.  affiliates, agents, independent contractors or service 
     24. Compliance with Law/Sanctions. You agree to  providers may contact you by using any e-mail or any 
     comply with all applicable laws and regulations, including  telephone number you provide, including a telephone 
     those relating to anti-bribery, anti-money laundering, the  number for a cellular phone or other wireless device, 
    fight against terrorism, and sanctions (�Sanctions�), that  regardless of whether you incur any charges as a result.   
    apply to the Bank or BNP Paribas S.A. You represent that     33. RESOLUTION OF DISPUTES BY ARBITRATION. 
    you are not the target of Sanctions. You agree to hold the  PLEASE READ THIS ARBITRATION PROVISION 
    Bank harmless from liability for any actions taken by the  CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU 
    Bank to comply with applicable laws and regulations,  WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT 
    including Sanctions.                    BEFORE A JUDGE OR JURY AND TO BRING OR 
     25.  No Waiver of Rights. If we choose to waive any of  PARTICIPATE IN ANY CLASS OR OTHER 
    the terms or conditions of this Agreement on a case-by-case  REPRESENTATIVE ACTION. 
    basis, such as by not declaring the entire balance due when  a. Agreement to Arbitrate Disputes. Except as 
    the minimum monthly payment has not been made on time,  otherwise provided, if you are unable to resolve a dispute 
    it does not mean that we have waived, or given up, our right  with us informally, you and we agree that the dispute will be 
    to exercise any of our rights or remedies under this  resolved through the binding arbitration process set forth in 
    Agreement in the future. We are not required to use any  this arbitration provision upon demand by either you or us.  
    particular kind of demand or notice in order to collect  b. Disputes Covered By Arbitration. Except as 
    amounts due to us under this Agreement. No indulgence or  otherwise provided, any dispute relating to or arising out of 
    acceptance by us of delinquent or partial payments  your Account or this Agreement, including any aspect of any 
    constitute a waiver of our rights or of any provision of this  agreement governed by this Agreement, or prior or later 
    Agreement. No waiver of any existing default shall be  versions of this Agreement, and any changes to the terms of 
    deemed to waive any subsequent default.  this Agreement will be subject to arbitration. Except as 
     26.  Changing Terms.  We can change, add to, delete or  expressly provided, all disputes are subject to arbitration no 
    otherwise modify the terms of this Agreement at any time in  matter the legal theory or remedy (damages, or injunctive or 
    any way permitted by law. We will send you a notice of  declaratory relief) sought. Disputes include (1) any 
    change at least 45 days (or as required by applicable law)  unresolved claims concerning any services relating to your 
    before the effective date of the change. We do not have to  Account, including, without limitation, Purchases, Balance 
    send you an advance notice of the change if it favors you,  Transfers, Cash Advances, INTEREST CHARGES, your 
    such as by reducing rates, or increasing the maximum credit  use of any of our banking locations or facilities, or any 
    limit.  Except in cases where we are changing terms due to  means you use to access your Account; (2) any claims that 
    the Minimum Payment Due not being received within 60  arose before you and we entered into this Agreement (such 
    days of the Payment Due Date, you agree that the change  as disputes related to advertising) and after the termination 
    may cover all transactions made 15 days after we mail the  of this Agreement; (3) not only claims made directly by you, 
    notice. If you do not agree to the change, a method for  but also made by anyone connected with you or claiming 
    rejecting the change and closing the  Account will be  through you, such as an authorized user, a beneficiary, 
    provided in the Change of Terms Notice.   You agree that if  employee, representative, agent, predecessor or successor, 
    you use your card after the effective date of the change, this  heir, assignee, or trustee in bankruptcy; (4) not only claims 
    will constitute your agreement with the change.  that relate directly to us, but also our parent, affiliates, 
     27.  Canceling this Agreement.  We have the right to  successors, assignees, employees, and agents and claims 
    cancel this Agreement at any time by sending a notice to  for which we may be directly or indirectly liable, even if we 
    any one of you in writing. You also have the same right to  are not properly named at the time the claim is made; (5) 
    cancel this Agreement at any time by sending us a notice in  claims based on any theory of law, contract, statute, 
    writing or calling the BankCard Center at 1-866-218-4959  regulation, tort (including fraud or any intentional tort), or any 
    (for TTY call 1-800-659-5495). If this Agreement is canceled  other legal or equitable ground, and include claims made as 
    by you or us, your obligation is to repay amounts you already  counterclaims, cross-claims, third party claims, 
    owe under this Agreement.  In either case, the Account will  interpleaders or otherwise; (6) claims made as part of a 
    be closed and you will no longer have access to the  class action or other representative action, being expressly 
    Account.                                understood and agreed that arbitration of such claims must 
     28.  Governing Law. This Agreement will be governed by  proceed on an individual (non-class, non-representative) 
    the laws of the State of Nebraska, and, as applicable,  basis; and (7) claims relating to the enforceability or 
    federal law, regardless of where the transactions are made.  interpretation of this arbitration provision. A party who 
     29. Monitoring/Recording Telephone Calls.  Our  initiates a proceeding in court may elect arbitration with 
    supervisory personnel may listen to and record your  respect to any dispute advanced in that proceeding by any 
    telephone calls to us for the purpose of monitoring and  other party. This arbitration provision shall survive any 
    improving the quality of service you receive.  termination of this Agreement or your Account.  
     30.  Severability.  All other provisions of this Agreement  c. Disputes Not Covered By Arbitration.  Disputes 
    shall remain in full force even if one or more provisions of  filed by you or by us individually in a small claims court are 
    this Agreement are held invalid, illegal, void or  not subject to arbitration if the disputes remain in such court 
                                             and advance only as an individual claim for relief.  
          
    BW-WECCAG (Rev. 10/2020) 
      
       d. Opt Out. You have the right to opt out of arbitration  otherwise brought together in the same arbitration (unless 
    by sending a signed written notice stating your decision to  those persons are joint account holders or beneficiaries on 
    opt out of arbitration to BANK OF THE WEST at Loan  your Account or related accounts, or parties to a single 
    Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days  transaction or related transaction). 
    after the date you opened your Account (�Account Open  h. Public Injunctive Relief Waiver. If either you or we 
    Date�).                                 elect to arbitrate a dispute, neither you nor we will have the 
       e. Commencing an Arbitration. The party initiating  right to seek a public injunction in arbitration or in court, if 
    arbitration must choose one of the following arbitration  such a waiver is permitted by the FAA. If any waiver of 
    forums to administer arbitration under the forum�s rules  public injunctive relief in this arbitration provision (as set 
    (except as modified by this Agreement): (i) the American  forth in any part of this arbitration provision) is found to be 
    Arbitration Association (�AAA�) under AAA�s Consumer  invalid or unenforceable, and that decision is not reversed 
    Arbitration Rules available at www.adr.org or 1-800-778- on appeal, any claim for a public injunction will be decided 
    7879; (ii) JAMS under JAMS� Comprehensive Arbitration  in court after all other disputes to be decided in arbitration 
    Rules & Procedures or Streamlined Arbitration Rules &  under this arbitration provision are arbitrated and the 
    Procedures, including JAMS� Consumer Minimum  arbitration award regarding individual relief has been 
    Standards (but not JAMS� Class Action Procedures),  entered in court. In no event will a claim for public 
    available at www.jamsadr.com or 1-800-352-5267.   injunctive relief be arbitrated. As set forth in �Severability� 
       f.  Arbitration Procedure. Arbitration shall be decided  below, the invalidity or unenforceability of this paragraph 
    by a single neutral arbitrator selected in accordance with  will not affect the validity or enforceability of the remainder 
    AAA�s or JAMS� rules, as applicable. The arbitrator will  of this arbitration provision.   
    decide the dispute in accordance with the terms of our  i. Arbitration Costs. We will pay the filing, 
    agreements and applicable substantive law, including the  administrative and/or arbitrator�s fees or compensation 
    Federal Arbitration Act and applicable statutes of limitation.  (�Arbitration Fees�) that we are required to pay pursuant to 
    The arbitrator shall honor claims of privilege recognized at  the arbitration forums� rules or the law. In addition, with 
    law. Except as otherwise provided, the arbitrator may award  respect to Arbitration Fees that you are required to pay 
    damages or other relief (including injunctive relief) available  under the arbitration forum�s rules in connection with an 
    to the individual claimant under applicable law. The  individual arbitration you have commenced against us, if you 
    arbitrator will not have the authority to award relief to, or  would like us to consider paying them because you are 
    against, any person or entity who is not a party to the  unable to do so, you must first request a waiver or reduction 
    arbitration. An award in arbitration shall determine the rights  of the Arbitration Fees from the arbitration forum. If the 
    and obligations between the named parties only, and only  request is denied or you remain unable to pay the reduced 
    with respect to the dispute in arbitration and shall not have  Arbitration Fees, we will consider paying them if we receive 
    any bearing on the rights and obligations of any other  a written request by you sent to Bank of the West Legal 
    persons, or on the resolution of any other dispute. The  Department, 180 Montgomery Street, San Francisco, 
    arbitrator will take reasonable steps to protect your Account  California 94104. 
    information and other proprietary or confidential information.  j.  Applicable Law. You and we are participating in 
    Any arbitration hearing shall take place in the same city as  transactions that involve interstate commerce and this 
    the U.S. District Court closest to your home address, unless  arbitration provision and any resulting arbitration are 
    the parties agree in writing to a different location or the  governed by the Federal Arbitration Act. To the extent state 
    arbitrator so orders. If you seek a total recovery of $10,000  law applies, the laws of the state governing your Account 
    or less, you may choose whether the arbitration will be  relationship apply. No state statute pertaining to arbitration 
    conducted solely on the basis of documents submitted to  shall apply.  
    the arbitrator, through a telephonic hearing, or by an in- k.  Severability. Except as provided in �Public Injunctive 
    person hearing in accordance with AAA�s or JAMS� rules. At  Relief Waiver,� if any part of this arbitration provision 
    your or our request, the arbitrator will issue a reasoned  regarding joinder, consolidation, class actions, class 
    written decision sufficient to explain the essential findings  arbitrations, general public or private attorney general 
    and conclusions on which the award is based. The  actions is found to be illegal or unenforceable, that invalid 
    arbitrator�s award shall be final and binding, subject to  part shall not be severable and this entire agreement to 
    judicial review only to the extent allowed under the Federal  arbitrate disputes shall be unenforceable. If any other part of 
    Arbitration Act. You or we may seek to have the award  this arbitration provision, including �Public Injunctive Relief 
    vacated or confirmed and entered as a judgment in any  Waiver,� is deemed to be invalid or unenforceable, that 
    court with jurisdiction.                invalid part will be severed from the remainder of this 
       g. No Class Action or Joinder of Parties. You and we  arbitration provision and the remainder of this arbitration 
    agree that no class action, private attorney general or other  provision will be enforced. 
    representative claims may be pursued in arbitration and no   
    such action may be pursued in court if either you or we elect   
    arbitration. Unless mutually agreed to by you and us, claims    
    of two or more persons may not be joined, consolidated, or   
                                              
                        
     
                                   YOUR BILLING RIGHTS 
                                Keep This Notice for Future Use 
               This notice contains important information about your rights and our responsibilities  
                                 under the Fair Credit Billing Act 
                                           .
    What To Do If You Find a Mistake on Your Statement  �  Description of problem: If you think there is an error 
    If you think there is an error on your statement, write to us  on your bill, describe what you believe is wrong and 
    at:                                          why you believe it is a mistake. 
       Bank of the West                     You must contact us: 
       BankCard Customer Service Department   �  Within 60 days after the error appeared on your 
       PO Box 2319                               statement. 
       Omaha, NE 68172-9793                   �  At least 3 business days before an automated 
    In your letter, give us the following information:  payment is scheduled, if you want to stop payment 
      �  Account information: Your name and Credit Card  on the amount you think is wrong. 
         account number.                    You must notify us of any potential errors in writing.  You 
      �  Dollar amount: The dollar amount of the suspected  may call us, but if you do we are not required to investigate 
         error.                             any potential errors and you may have to pay the amount in 
                                            question. 
          
    BW-WECCAG (Rev. 10/2020) 
      
                                            we think you owe an amount and you do not pay, we may 
    What Will Happen After We Receive Your Letter  report you as delinquent. 
     When we receive your letter, we must do two things:   
     1.  Within 30 days of receiving your letter, we must tell you  NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
       that we received your letter.  We will also tell you if we  Credit Card Agreement is subject to all claims and defenses 
       have already corrected the error.    which the debtor could assert against the seller of goods or 
     2.  Within 90 days of receiving your letter, we must either  services obtained pursuant hereto or with the proceeds 
       correct the error or explain to you why we believe the bill  hereof.  Recovery hereunder by the debtor shall not exceed 
       is correct.  While we investigate whether or not there  amounts paid by the debtor hereunder. 
       has been an error:                    
       �  We cannot try to collect the amount in question, or 
         report you as delinquent on that amount. 
       �  The charge in question may remain on your 
         statement, and we may continue to charge you 
         interest on that amount. 
       �  While you do not have to pay the amount in 
         question, you are responsible for the remainder of 
         your balance. 
       �  We can apply any unpaid amount against your 
         credit limit. 
    After we finish our investigation, one of two things will 
    happen: 
       �  If we made a mistake: You will not have to pay the 
         amount in question or any interest or other fees 
         related to that amount. 
       �  If we do not believe there was a mistake: You will 
         have to pay the amount in question, along with 
         applicable interest and fees.  We will send you a 
         statement of the amount you owe and the date 
         payment is due.  We may then report you as 
         delinquent if you do not pay the amount we think 
         you owe. 
     If you receive our explanation but still believe your bill is 
    wrong, you must write to us within 10 days telling us that you 
    still refuse to pay.  If you do so, we cannot report you as 
    delinquent without also reporting that you are questioning 
    your bill.  We must tell you the name of anyone to whom we 
    reported you as delinquent, and we must let those 
    organizations know when the matter has been settled 
    between us. 
    If we do not follow all of the rules above, you do not have to 
    pay the first $50 of the amount you question even if your bill 
    is correct. 
     
    Your Rights If You Are Dissatisfied With Your Credit 
    Card Purchases 
     If you are dissatisfied with the goods or services that you 
    have purchased with your credit card and you have tried in 
    good faith to correct the problem with the merchant, you 
    may have the right not to pay the remaining amount due on 
    the purchase. 
      
    To use this right, all of the following must be true: 
    1.  The purchase must have been made in your home state 
       or within 100 miles of your current mailing address, and 
       the purchase price must have been more than $50.  
       (Note: Neither of these are necessary if your purchase 
       was based on an advertisement we mailed to you, or if 
       we own the company that sold you the goods or 
       services.) 
    2.  You must have used your credit card for the purchase.  
       Purchases made with cash advances from an ATM or 
       with a check that accesses your Credit Card account do 
       not qualify. 
    3.  You must not yet have fully paid for the purchase. 
     
     If all of the criteria above are met and you are still 
    dissatisfied with the purchase, contact us in writing at: 
        
        
       Bank of the West  
       BankCard Customer Service Department 
       PO Box 2319  
       Omaha, NE 68172-9793 
     
     While we investigate, the same rules apply to the disputed 
    amount as discussed above.  After we finish our 
    investigation, we will tell you our decision.  At that point, if 
          
    BW-WECCAG (Rev. 10/2020)