HomeMy WebLinkAbout01-26-11CLAIM FORM FOR COMPANY OR ORGANIZATION
STATE OF: Pennsylvania ESTATE OF: Gail McCord
COUNTY: Cumberland CASE NUMBER: 2010-01225
The undersigned, Regions Bank ,hereinafter referred to as claimant, herewith presents
and files their claim against the Estate of Gail McCord, deceased for and on account of
the following described indebtedness owing by said Estate of claimant, viz:
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ACCOUNT NUMBER 000000005002822000 ~~
BALANCE $26,911.38 with a 2.3211 per diem ~~ ~
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STATE OF ALABAMA ~~~; ~
COUNTY OF SHELBY ~ ~ ~,
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Before me, Le Anne Smith, the undersigned authority in and for said County in said`'
State, personally appeared Linda W. Gallant, who being first duly .sworn, says that (s)he
is the Bank Officer, the claimant, and that (s)he has full and complete knowledge of the
correctness of the above claim against the Estate of Gail McCord the amount claimed is
justly due (or to become due), and after allowing all proper credits.
Signature of Authorized Personnel for Claimant
Regions Bank
P. O. Box 10063
Birmingham, AL 35202-0063
(800)289-671.0
Subscribed and sworn to before me this 20`h day of December, 2010.
IViY ~.i1111411s.°iiufd u.c r.. C.. n: n.l. ~.., ~. ~ c
Notary Public
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STATE OF ALABAMA
COUNTY OF SHELBY
PROOF OF CLAIM
Before the undersigned authority, personally appeared Linda W. Gallant, who is known
to me, upon being sworn deposes and says:
She is custodian of records for Regions Bank and as duly authorized agent of Regions
Bank herein states that the claim attached is a true and correct statement of the account of
000000005002822000 against the Estate of Gail McCord deceased, Case # 2010-01225
that she has knowledge of the correctness thereof; that the amount claimed is justly due
or to become due after allowing all just credits, claims and set-offs.
THIS IS A TRUE AND JUST BALANCE: $26,911.38
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of Authorized Personnel for Claimant
Regions Bank
P.O. Box 10063
Birmingham, Alabama 35202-0063
(800) 289-6710
Subscribed and sworn to before me this 20`" day of December, 2010.
Notary Public
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CREDIT AGREEMENT AND DISCLOSURE
CREDIT LIMIT: 530.000.00 DATE OF AGREEMENT: October 17. 2005
Introduction. This Credit Agreement and Disclosure 1"Agreement') governs your line of credit Itha "Credit Une" or the "Credlt Line Account"1
Issued through AmSeuth (lank. In thin Agreement, the words "Borrower," 'You,' "your." and "ApplicenY mean each and every person who
signs this Agreement, including all Borrowers named aMve. The words 'we," 'us," "our," and "LerWer" mean AmSouth Bank. You agree to
[ha following arms and conditana:
Promise to Pay You promise to pay AmSouth Rank, or order, the total of all Credit advertees and FINANCE CHARGES, together with ajl costa
end expemea for whroh you are reapom(ble unWr this Agreement or under the "Mortgage" which secures your Credlt Une. You will pay Your
Credit Line according to the payment terms set forth babw. If there is more than am Borrower, each is jointly end sewragy liebla tin this
Agreement. This means ws oen raquia any Borrower to pay as airwums due under this Agreement, indudfng eredh advances made to oily
eamower. Esah Bonower autMrixM env other Borrower, on hie or her sjgnmura otitis, to sansei the Credh Lim, tg request and revive credit
advances. and to do dl othv (Huge naeeesary to carry om the arms of this Agreamam. We can release env Borrower from reaponsibiety under
thh Agnamant and the odnra wig remain raspOmibN.
Term. The term of your Credit Line will tiegln as of tM data of this Agreement 1"Opening Dete") end will continue until October 77, 2025
1"Maturity Daa"1. All Indebtedness under this Agreement, if not already paid pursuant to the payment provisions Mbw, will M due end
payable upon moronity. The drew paned of your Credit Line will begin on a date, after the Opernng Date, when [he Agreement is accepted by us
in the State of Florida, following the expiration of tM right to cancel, [M perfection of the Mortgage, tM racing( of aN inquired certificates of
noncancdlanon, and tM itlaabrg of all of our other eondinom and will continue as folbws: TM Oraw penad will Continue until the Heronry
date. You may obtain credit advances during this period I"Draw Perod"l. You agree that we may renew or extend the period dunng which you
may obtain credit advances or make payments. You further agree that wa may rerlaw or extend your Credit Lints Aeeount.
Minimum Payment. Venable Re[e. Tha payment far tM variable rate portion of your Credit Line Account will be the amount of your accrued
FlNANCE CNAROES on tM outs[antling balance of tM variabe rate portion Of Vour Credit LMe Aeeount.
Flied Rete. If you elect to convert all or part of tM balance in your Credit Um Aecoun[ to a Nxed rea with a fined repayment term, the
payment for the fixed rate portion of your Credlt Lim Account will 6e the amount (computed as of tM daa a conversion to a fixed rate is posted
to your Credit Line Account) that would M required in order to pay the enure fixed rate pottion of your Credit Line Account in full in subatantielly
equal payments over the repayment perod for tM fixed rate portion of your Credit Line Account.
Regular end Minimum Payments. Your "Regular Payment" will M the payment nor the vaneble rate portion of your Credit Une Account plus the
payment for the fixed rate portion of your Credit Lkne Axount. You will make 239 Regular Payments. Your "Minimum Payment' will be the
Regder Payment plus any amount peat due and all other charges. The Minimum Payment may not fully repay [M principal that is outstanding
on Your Credit Line. and your final payment may be a single balloon payment.
In any event, II the balance of your Credit Une Account tags Mlpw 350.00, you agree [o pay your balance in fuN. You agree [o pay not less
than tM Minimum Payment on or before the due daa indicated on your Denodic bNling statement.
Bdbon Payment. Your Credit Line Account is payable in full upon metunty in a single balloon payment. You must pay the enure outstanding
pnncipal, in[erea[ and am other charges tMn due. UnNss otharwoe required bV apPNCahla isw, wa era under no obNgstlon to rsNnanee the
balloon payment M that dins. You rmy be required a males paymema out of other asses you own or Nnd a larafer. which may M ua, wBing to
kind Vou the money. If yw refkw[oe tM beibon, you may have to pay same ar all of tM cluing case mrmeNy asaoeiatad with s new cradle
Nna egcguni, even if yw obtain refmammg hom tic.
How Your Peymana Are Appgatl. Unless otMrwise agreed or required by applicable law, payments and other credits will M applied to the
amounts due untlar this Agreement In the following order: lei first to any payment dire on tM fizad rate poruonlsl of your Credit Line Account;
Ib) than to any Nuance charge Included in the previous balance: Icl [hen to any miscellaneous lees Isuch as late fees and insurance premiums)
included m your prevous balance: Idl then to any remaining promotional balencelsh lei then to env remaining portion of your previous balance
on the vaneble rate portion of your Account; If) then co any credit advances and other debits pestatl dunng the bilNng cycle: Igl [hen m any
Hnance charge accrued dunng Iha billing oycle; and Ihl [Mn [o any remarrnng portion gf the balance on tM Fined rate poruonlsl of your Accoune
in the order in which such balances posted [o your Account it you have more [non om such balance.
Receipt of Payments. All payments must M made by a check, automatic account debit, electrome funds transfer, money order, or other
matrument m U.S. dollars and must be received by us at the remittance address sMwn on your neradie billing statement. Payments received
at that address poor [0 71:00 a.m. Central Standard Time an any business day will 6e enedhed [o Your Credit Um as of the date received. If we
receve payments at other locations, such payments will be credited prompiry to your Credit Line, but crediting may be delayed Ion up to five 151
days after receipt.
Credit Limit. This Agreement covers a revolving line of credit for the principal artqunt of Thirty Thousand & 00!100 Ddlare 1330.000.001,
which will M your 'Credit Limrt" under this Agreement During iM Draw Period via wNl Mnor your request for asdit advames subject to tM
seadon babw on LerMar's Rights, You may borrow against tM Credit Lim, repay any portron or the amount borrowed. aM re-borrow up to tM
amoum of [ha Credit Limit Vour Credit Limit o the maximum amount you may have outstarMkg at any one time. You agree not to attempt.
regmet or obtain a credit advance that will make your Credlt Lkte Account Mlenm exceed your Credit Limit. Your Credit Limit will not M
increaead should you overdraw Vour Credit Lim Account. If you exceed Your Gedit Limit. you agree to repay unmediately the amount by which
your Credit Line ACCOUal exceeds your Credit Limit even if ws have not yet billed you. Any credit advances In excess or your Credit Limrt will
oat M secured by [tie Mortgage covering your pnncipal dwelling.
Charges to your Credit Lim. We may charge your Credit Lints to pay other tees and costa that you are obligated to pay under this Agreenront
tM Mortgage or any other document related a your Gedit Um. In addition, we may charge your Credit Line for funds requred for continuing
rnaurence coverage as described in the paragraph titled 'Insurance" Mlow or as described in the Mortgage fw this transaction. We may also, at
our option, charge your Credit Une to pay any coats ar expenses to protect or perfect our security interest In your principal tlwelliig. TMse
costs or expanses rnelutle, without limitation, payments to eurc defaults under any existing liens on your pnncipal dwelling. If You do not pay
your property [axes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Gedit Line will be a credit
advance and will decrease tM funds available, if env, urger [he Credit Lints. Howawr, we have rro obligation to provide any of tM credit
advances referred to m rho paragraph.
Credh Advances. After the Effective Disbursement Date pf this Agreement you may obtain credit advances under your Credit Lim as lollows:
Cradh Lim CMcks. Writing a preprinted 'EssentiaLina Check' that we will supply to you.
Tdephona Raquas[. Requesting a credit advance tram your Credit Line to M applied to your desgnated account 6y telephone. Except for
trsnsactwns covered by the rederal Electronic Fund Transfers Act and unless otiwrwise egree0 m your iaposrt account agreement, you
acknowledge aM you agree that we do not accept respombigry for tM authsnddry of teklMOne imtruetrone end that we will nit bs liable
for env loss, expense. a Doer arising out of env tabpMm request, iriduding any frauddem or unauthorized telephone raquaat. when acting
upon suoh inatrugtlone 6eNeved to be gemrme.
Ovsrdrafta. Writing a check on your designated checking account with us in excess of IM available coNec[ed balance in the account.
Requests m Parson. Requesurg a credit advance m person at any of our authanzad locations.
Credit lard Access. Using your'%atinum HasterCard ar VISA Plaanum Card" to receive cash advances or to make purchases.
If there is more than one person authorized to use this Credlt Line Account, you agree m[ to give us conflicting instructions, such as one
Borrower telling us not [o give advances to the other.
UmftetWm on the Uss of CMcks. We reserve the right not to honor Essendaline Checks m tM following circumstances:
Credit Limit Vidatbn. Vour Credit Limrt ties Men or would M ezceetled by paying the E99entmline Check.
Post-dead Checks. Ypur EssentiaLine Check is post-dated. If a post-dated Essen[iaLina Check is paid and as a result arty other cneck is
resumed or not paid. via are nit recponsible.
BcrroWer: GAIL R MCCORD Lender: Amsouth sank
2243 MAVFlELD PALM LN Sun Ciry Center Offim
SUN CITY CENTER. FL 33873 131 South PebbM Beach Blvd.
Sun Ciry, Fl 33873
CREDIT AGREEMENT AND DISCLOSURE
(Continued) Page 2
Stolen Cheeks. Your Essenhatine Checks have been reported lost or stolen.
Uneuthor¢ad Sipnawrea. Your EssentiaLine Check is not signed by an 'Authorized Signer" as defined below.
Tominatian or Swpenaion. Your Credit Line has been terminated or suspended as groused m tMs Agreement or could be if we paid the
EesenuaLine Check.
If we pay any EessnbaLirro Check under these conditona, you must repay us, sublect to app5cable laws, for the amount of the Easentnaline
Check. The EsxnneLine Check itself will he evidence of your deb[ to us together with this Agreemen4 Our IisbHiry, if arty, for wrongful
dishonor of a check Is 6mrtad to vow xtusl damages. Dishonor for any reason ea provided m th¢ Agreement Is not wrongful dishonor. We
may choox not to return EssenhaUne Checks along with your periodic billing statements: Irowever, your use of each EssentnaUne Check will be
reflected on your parodic statement as a credit advance. We do not "certih" EasenUa4ne Checks drawn on your Credit Line.
Limkadons on the Uae of Credit Cards. We reserve the right fat to honor Piabnum MasterCard or VISA Platinum Cards in the folbwirtg
circumstances:
Cradle Umit Vblation. Your Credit Limit has bean ar would be exceeded by peylfig the Platnum MasterCard or VISA Platinum Card charge.
Stolen Credit CaNS. Your Platinum MasterCard or VISA Platinum Cards have been reported lost or stolen.
Unauthorized Signeturea. Your Platinum MasterCard or VISA Platinum Card Is not used by an "Authorized Signer" as defined below.
Terminatbn or SusWnalon. Your Credit Lute has lien [ruminated or suspended as provided m this Agreement ar could be if we paid the
Credit Line charge.
Other ReaGleUOn. The maxmum dollar amount of advances that you maY obtain per business day by using vour Card m en ATM rs
8300.00. Aa used m tMs Agreement a buslrieas day ¢ anY day except Saturday, Sunday ar any hogday on which we are cbaed.
If we pay env advance requested by use of the Platinum MasterCard or VISA Platinum Certl antler these condiwns. You must ropey us, wfrlect
to applicable laws, for tM amount of the advance. The advance rtxlf wNl be eWtlence of your debt m ua together with [Ms Agreement. Our
liability, if any, for wrongwl dishonor of an advance is limned to vour actual damages. Dishonor for env reason tie proWded in this Agreement ie
rw[ wrongful dishonor. Your use of the Piabnum MasterCard or VISA Piabnum Card will be reflected on your periodic atetament as a credit
advance.
Traneeotirm Requeaments. The folbwirtg transacuon limi[auons will apply to the use of your Credit Line:
Telephone Raqueat OvardreH and In Parson Request Umitedonc. The followxg hansachon limrtativns will apdV to your Credit Line and
requeahng an advance by telephone, writing a check in excess of your checking aeeoum balance and roqueatinp an advance m person.
Other Trarrsactron Requvaments. We reserve the rght not to honor telephone requests, overdraft proteeton requests and m-person
requests rot atlvantes In the fdlowing crrcumatances: your Credit Lknit has been or woukt be exceeded by making the advents; your
Platinum Mes[erCards or EssenbaLine Checks have bean reported loaf or stolen; your Gedit Une hoe been terminated as provided in
tMs Agreement or cwld be if wa made Ma advance. Advances made by overdraft protection will be made m minimum ineremems of
8100.00.
If we pay env advance under any of the eoMitgns eat out above, You must repay us, sublect [o appgcabk! laws, for the amount of the
advance. The advance itself wgl be evidence of your debt to us together with this Agreement. Our Ilabilih, if any, for wrongfW
dishonor of a requested advance Is kmned w your actual damages. Dishonor for any reason as provided in this Agreement M not
wrongwl dishonor. Advances made by telephone request, overdrah protecbon or in•pereon request wNl be reflected on your periodic
statement as cash advances.
If you have designated a checking account for wMeh Vour Credh Lino Account will provide protection against overdrafts, you
underetana era acknowledge [hat envane who is authorized to melee witlarawels from the checking account may atteae your Credit
Line Account by making withdrawals from the checking account in exrx¢a of the evallabb wlbeted balance rn the eheeking account.
Credh Card Umketlons. The following vensaebon Ilmrtebona will apply to your Credit Lina and using a Credh Card.
Maximum Ameum Per Period. The maximum doaar amount of advances that Vou may obtain per day re 85,000.00.
Maximum Amoum Per Advance. The maximum amount of any credit advance first ten be made on your Credit Line la 87,000.00.
Crsdi[ Line EaaendeLins Cheek Lknftedona. Thera are no Iransactlon limitatrona far the writing of EaxntraLine Checks
Authorized Signers. The words "Authorized Signer' on EssanUaLina Checks and Platinum MasterCard ar VISA Platinum Cards as used in this
Agreement mean and Include each person who tat srgns the application for this Credit Line, Ibl signs this Agreement. or tcl has executed a
separate signature authorizanon card for the Credit Une Account.
Lost EssamiaLlne Cheeks and Phtlnum MasterCard or VISA Platlmrm Cards. If you bse your fasentiaLlne Checks or Platmum MasterCard or
VISA Platinum Cards or if someone Is using them without Your pertnlssion, you agree to let us know immediately. You can notify us at our
address shown at the beglnnarp of th¢ Agreement.
Wbgity for Unauthorized VISA Credh Card Trensaetlons. Tell us AT ONCE it you believe vour Visa credit Lard free been lost or stolen or of any
unauthorized transactors. Votx Ilabahy for unauthorzed use of your credit card with the Vfsa logo when h is used as a Visa credit card to
access this Credit Lure will not exceed zero dollars 130.001. We may requve you to provide a wnden atatemant regarding claims of
unauthorized Vise Credit card trenaectwna.
These provisions limiting your liability do not sooty to Visa commercial cards ar Vix PLUS ATM transactions; and apply only to cards rsauad m
the Umted Stales. With respect to unauthorized transactions, these Nmits may be exceeded to me extent allowed user applicable law only if
wa determine that you were groaslV negligent or fraudulent In the handling of your account or credit card. Ths same consumer liability limits
shell apply to Interlink Transactions. Td rrorih ua Of Idat dt stoen cards. Or of unauthorized uansacoons, call w at 180W 237-7493 or write to
ua at Unauthorized Use Address P.0. Box 218, Birmingham, AL 35201. This will help prevent uneuthonzed access to your account end
mirim¢e env inconvenience.
VISA ra a ngisterad trWamark of Visa Mtarnatfond.
Lhbility For Unsuthonzed MasterCard Credh Card Traneactiona. Your liability for uneuthonzed ux of your credit card with the MasterCard logo
when rt is used as a MasterCard credit card to access your Credit Una will not exceed: IAI Zero dofiera (50.001 If the condtlons set forth
below have been met, or IBl If those conditions have not been met, [M lesser of fifty dollars 1550.001 or the amount of money, propwh, labor,
or services obtained by the unauthorized ux before notification to ua. 2ero Ifabillh will apply only if you tan demonstrate that you have
exercised reasonable care in sate-guarding your card from risk of loss or [heir and 111 you have no[ reported two or more ineldents of
uneuthaaed use to us within the preceding twelve 1121 months; and 121 vour account rs in good standing.
These consumer liabilih limits apply only to United Stites Issued MasterCard branded wnsumer cards. If the transaction does not meet the
contlitrons set forth above, these Iknlts with respect to unauthorized trensaetbne may be ezceedetl to the extent allowed under applicable law.
'Unauthorized Use' means the use of your credit card by a person, other then you, who does not have actual, implied, or apperont authority for
such use, and for which you receive no benefit. To notify us of lost or stolen cards. or of unaumorized transactnma, call us at IB001 Z37-7493
or write to us et Unsuthonzed Usa Address P.0. Sox 275. Birmingham, AL 35201.. Th¢ will help Prevent unauthorized acceae to your account
and minlmlze any inconvenience.
MasterCard re a regiatared trademark of MasterCard IntarnationN Ineorporotetl.
LlWilftV For Unauthorized Usa. You will no[ be liable for uneuthonzed use of vour Visa aCte66 device if you notify us ar our designee at
Unsuthonzed Uae Address P.0. Box 216, Birmingham, AL 35201.18001 231-7493, orally or In writlrg, of the lose, theft, or possible
uneuthonzed ux.
If you use en access card which tleMts a checking account for oMer consumer asset account! but also draws on an overdraft line of Credit,
Regulehon E proviawr¢ apply. ee well as sections 228.7 31tl1 end Igl of RagWatlan Z. In such s transaction, you might be liable for up to 860.00
under Regulation Z. Also, you might qa liabb for 850.00, 8500.00, or an unlimited amount under flegulatan E, or a leaser amount under
applicable state law. Please refer to vour electronic fund transfers diacloaure for IlebNlh Iimitatrona and error-resolutron procedures for
transactions covered by the federal Electronic Fund Transfers Ac[.
Fuwre Credit line Serwees. your applicaUOn for this Credit Line also xrves as a request to receive any new serncea leach as acceae devmesl
wMch may be available at some Mture rime es one of our services m connection whh this Credit Line. You untlers[end [het tMs request Is
voluntary and that you may refuse any of these new servces at the time they ere offered. You further underatara that the terms and cordi[lons
of this Agreement wNl govern any transactions made pursuant to any of these new services.
CoaaterN. You acknowledge this Agreement ¢ secured by the following collateral described m fire security Instrument listed harem: a Mortgage
dated October 17, 2005. [o us on real property located In HILLSBOROUGH County. State of Florida.
CREDIT AGREEMENT AND DISCLOSURE
(Continued) Page 3
Insurance. Vou must obtain maurarwe on the Property securing Ihts Agreement [hat is reasonably sausfactorv to us. You may obtain property
insurance through any company of your choice tM[ is reasonably sahafaciwy to ua. Vou have tM option of providing any insurance repulretl
under thts Agreement through an exiaing policy w a policy independently obtained end geld for by you, subject to our right, for reasonable
cause before credit is extended, ro decline any insurance provided by you. Subject m applicable law, iF you fail to obtain or maintain insurance
as retltdred in tM Mortgage. wa may purchase insurance to protect our own interest, add tM premium to your balance, pursue any other
remedies evailabl8 ro us, Or do any one or more of tMe9 things.
Periotfk Statements. If you have a bMenee owing on your Credit Lino Account ar have any account acnviN, we wig send you a periodic
statement. It will show. among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your
"Pnwoua Bahnee." and your "New Balance." Vour statement also wgl identify the Minimum Payment you must make for that billing parted
and tM date a is due.
When FINANCE CHARGES Begirt to Aoerw. Periodic FINANCE CHARGES for credit advances under Vow Credit Line wiN begin to accrue on the
date credit advances are posted ro Vow Credit Une. TMre is no "free ride period" which would albw you to avoid a FINANCE CHARGE on your
Credit Line credit edvsnees.
Method Ueed to Determlrw the Belence on Which tM FINANCE CHARGE WNI Be Computed. A monthly FINANCE CHARGE will M imposed on
eg credit adveneea made under your Credit Une xnposed from tM date ai each credit advance based on the 'average daily balance" method.
We calculate your average daily balance by adding your cbsing daily balances dunng the bilNng cycle end dividing the result by the number of
days in that cycle. We wmptrh your ebaing daily balances by stetting with tM prowbus balance Iwluch is the same ea tM new balance shown
on Vour lest periodic atatementl, less erry penadb finance charge, arty other Rnance charges and any hte Charge mcWrfad on that statement.
We add EssentreLme Checks and other debts lexcapt far purchaaea made by ueirq your Cardl to that balance as of the day we post them. Wa
etld purchases made by using wur Card as of the Iransacdon date. We subtract any payments antl eretlits for [he Aceoun[ es of iM day we
poet ahem.
Method of Datsrmnmg tM Amount o} FINANCE CHARGE. Any FNANCE CHARGE is determined by applying the monthly "Periodic Rete" to the
balance described harem. TMe is your FINANCE CHARGE calculated by applying a Periodic Ra[e.
You also agree to pay FINANCE CHARGES, not calculated by apDlyifg a Periodic Reh, es eat forth below:
InectwfN Fn. You will be eMrged an inacdvlN he of 550.00 It the Credit Line ~s not accessed. This fee will be charged as follows: If
you do not obhtn et least one wadi[ advaue under your Credit Line Account per year, we will lmpoae an annual nonrefundable charge in
the amount at S60 iw eatabgahng and maintaining your Credit Una Account. We will assess [hts charge on dunng the thirteenth 1131h1
month aher tM opemng of your Credit Une Aeeount and every twelHh 112th1 month thereafter it you have not obtained at least one credit
advance dwtng tM twaWa tmmedlatehr preceding bilgng cycles.
Periodic Rate end Conaspondirg ANNUAL PERCENTAGE RATE. We wig determine the Periodic Rate and tM corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is tM Prime Rate ae pubgshed to tM Wall Street Journal Ithe
"Index"1. We will use tM most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adiustment. The Intlex is
riot necessarily the lowest rata charged by us on our bane. If the Index becomes unavailable dwing the term of this Credit line Account. we
may dsagneta a subatituta Irdsx aher nonce to wu. To datermtna tM Periodic Rate that will apply ro your account, wa add a margin to tM
value of [M Intlex, then divide the value by 12 Imonthly). To obtain the ANNUAL PERCENTAGE RATE we multiply the Panodie Rate by 12
(manthlyl. This result is tM ANNUAL PERCENTAGE RATE. TM ANNUAL PEACENTAGE RATE incWdea oNy interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Lure will increase or decrease as the Index increases or
decreases Hom time ro time. Atlluatments t0 tM Periodic Rata and tM corresponding ANNUAL PERCENTAGE RATE resulting from chengea m
the Index will take effeer monthly on the Hrot day of your billing cycle. In no event will the corresponding ANNUAL PERCENTAGE RATE be
more then the lesser of 16.000% or the maximum rate allowed by applicable law. Today the Index is 6.760% per annum, antl therefore the
initial Penodk Rate end tM corresponding ANNUAL PERCENTAGE RATE on Vour Credit Una ere as stated Oebw:
Clwrem Reha for tM Fnt Payment Stream
Range of Balance Meryln Added ANNUAL PERCENTAGE MontNy Periodic
w Conditions to Index RATE Rats
All 6ahnoes 0.500% 7.260% 0.60417%
Ntrcwhhstanding arty other proweton al tNs Agrettmem, ors wNl not Charge interset on any undfsburaetl loan proceeds, exespt m maY be
permmed dunng sty RqM of Rncfseion perod. No matter what Nss may ha etamd m wry olMr pravieion of this Agraamrrm w m any other
doetmwnc you may hew with us, yeu do not agree w intend to pay, and we rlo not agree or imand to eltrgs arrv aderest w fee for tM CndH
Agreement and Ghcktstve which would m arty way ceuae ua ro contract }w. nape w eolleet more for tM Cradh Une Aeeount than the
maximum we would be permitted to eMrgs w eedect by anY appik:ahle federal w Florida etsta law. Any such eaceu imarest or unauthorized
fee wiN be appNed ttrst to reduce tM unpad prmoipal balance of tM Crodl[ Line AcaouM. tad when tM prktGpN Ms been paid m full, bs
refunded ro Yau.
Cpnvwstwt OpHOn. This Agreement contelna an option ro convert tM mrorest rate from a vanabb rate with interest rate limits to a fixed rate es
calculated below. TM following information re repreaentauve of wnveroion features recently offered by us.
ANNUAL PERCENTAGE RATE Incraua, your ANNUAL PERCENTAGE RATE may increase if you axerctae thta option tp convert to a fixed
rate.
Convwsicn Periods. You can exercise the option to convert ro a fixed rate only dunng the folbwmg pared or penoda: At any rime prior to
three Veen before tM MatunN Daro.
Conwroion Fese. You will be required to pay the following fees at tM time of convereron to a fixed rate: A FINANCE CHARGE of
8100.00.
Rats Determinrwon. Tha fixed rate will be determnad as folows: TM ANNUAL PERCENTAGE RATE on the balance converted to a fixed
rata will be the ANNUAL PERCENTAGE RATE es determined under 'Periodic Ra[e and Corresponding ANNUAL PERCENTAGE RATE" slave
on tM date wu exerctce your conversion option plus an additional margin of:
0.90% if you select a 3 year ropavmant term:
1.30% if you select a 5 year repayment term;
1.65% If you select a 7 year repayment term; w
2.00% it you aNect a 10 year repayment term;
but the ANNUAL PERCENTAGE RATE will rqt M less then 6% unless we agree to a lower ANNUAL PERCENTAGE RATE. To determine
the Perlotlk Rate [hat will apply to tM balance cornerted to a fixed rate, we take tM value of [M Irdax plus the margin Ibut not less than
5%1, then divide by 7 2 (manthlyl. To obmm the ANNUAL PERCENTAGE RATE, we mdbply the Parrodic Re[e by t 2 (monihlyl. This result
is IM ANNVAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes onty interest and no other coats.
Comnnion flubs. You can convert to a fixed rate oMy during [M period or penoda described above. In additlon, the following rules apply
ro [he convereton option uMer Chia Agreement: You may conwrt all or part of the balance m Vow Credit Llne Accoum wMCh is accruing
interest at a variable rate to a fixed rate with a fixed repayment term. You may also direct that an advance be converted to a Rxad rate any
rime you obtain an advance in parson hem any of our braneMs. Yeu may rrot convert to a fixed rate by using your SpactN CMcks. your
Card. an ATM terminal or an ATM Network terminal, or a transfer under Overdrah Prorecnon. If tM variable rate Annual Pereentaga Ra[e
on Vow Account exceeds the Maximum Rate. you will not ba permitted to convert any part of tM baance ar to post an advance at a fixed
race at that rime. Nor will you M permmed to convert arty Part of the balance m your Credit Line Aeeount wNCh is eccrwrg interest et e
fixed rata to another fixed rate. You may have no more than 10 fixed rate balances outstanding under your Credit Lme Account at any one
rime.
The fixed rate portion of vow Credit Llne Account will hew a fixed monthly payment for a fined Ixmotl of repayment of eitMr 3. 5, 7 or 10
years; provided that the repayment term of the fixed rate portwn of Vow Credit Une Account may not extend beyond the Maturity Dale. If
you request a repayment period for the fixed rate portion of Vow Credit Une Account which exrentls beyond tM MeronN Date, your
request to conwrt to a fixed rata will not be granted. If less than 3 Veen remains until [he MettrriN Date at the rime we receive your Fixed
Rate Request, we will not allow the converson to occur or the advance to post at a fixed rate.
To convert all or pert of the balance to a fixed rate. Vou must sign and give ro us a request m writing on a form provided by us la "Fixed
Rate Request"1, antl the Fixed Rate Request must include the amount to M posted ro tM fixed rate porton or your Credit Une Acumun[ and
[M repeYmenl period you dsaue. The minimum amount [Mt you may convert to a fixed rate is 95,000. TM maximum amount that you
may convert [o a fixed rate is an amount equal to the credit Ilmit far wur Credit Line Account minus any o[Mr fixed rata balencelsl aM any
amount that will remain a[ a variable rate after the conversion to s fixed rate. In no event may [he total or your fixed and varieWe rate
CREDIT AGREEMENT AND DISCLOSURE
IContinuedl Page 4
balancels) exceetl your Credit Limn.
It may take u long as five business days ro process your regwst to convert to a fixed re[e, During that processing rime, the balance being
convened to a fazed rate will continue ro accrue Imereu at a variabe rate and any advance you obtain will mitlelty post to vow Credit LMe
Account at a variable rata end will then be converted to a fazed rate. If the convaroan [o a fixed rate ogGUrs during a Wiling cycle. your
fixed rate payment for the remaiMer of that billing cycle will concist of the emaunt of your acvued FlNANCE CHARGES an the outstanding
balance of the fixed rate porton of yow Credit Line Account. Your full fixed rata pWnwnts, csiculated ea described m the following
paragraph, and your fixed rate repayment penod will begin with the next full WINng cycle.
The payment due for the fixed rate ponion of your Credit Line Account will be the amount (computed as of the date a conversron to a fixetl
rate is posted to your Credit Line Aecountl first would be required m order to pay the envre fixed rare portion of your Credit Line Account in
full in subetanvagy equal payments over the repayment perrotl ror the fixed rate portion of vow Credit Line Account. If you make all
payments rive on the fzed rate portion of Vour Cretlit Line Attount wMn they era tlue, you will repay suhstemlelly all of the fixed rate
porvon of your Credit line Account m substantially equal payments by the end of the repayment term ftx the flxetl rate portion of your
Credit Line Account. Any remaining balance in the Iized rate portron of yow Account at the aid of the repayment period for the flxatl fate
portion of your Credit Line Account will automadcally be added back Io the variable rate portion of your Credl[ Line Account.
Coridfdorra Under Which Odrsr Chsrgea May Bs Ittgfosatl. You agree to pay all the other fees and charges related to your Credit Line es set forth
below:
Rettarwd Items. You may ba charged 815.00 if you pay yow Credit Line obligations with a check, drab, or o[Mr item that is Nshonorad
tar any reason, unless eppgcable law regwrea a lower charge or prohibits any charge.
Late Charge. Your payment will be late if it is not receivetl by us within 15 days of the "Payment Dw Date" shown on your penodk
statement. If your payment is late, we may charge you 5% of the payment amount, with a minimum of 829.00 and a maximum of
8100.00.
Prepaymem Panahv. if you pev your Credit Line balance in full, Vou meV haw to pay a prepayment nenelry of
lal If wu terminate your Cretlit Lirrs Account during the first three years crier [he tlate of the Original Agreement, for any reason other
than your sale of the Property, a prepayment penalty will be imposetl as rolrows: dunng the first veer the prepayment penalty will be
9300.00; dunng the second veer fire prepayment penalty will be 8200.00; end dunng the third year the prepayment penalty wgl be
9100.00.
Ibl In atldivon ro the prepayment penalty as provided in paragraph (al above, you may have to pay an addlvonal prepayment penalty of
4332.00 Imo costs paid by the Lender m connection with opening your Credit Lariat. Lender has agrtred to WV MI or part of the costs
mcwred In conMCtion wain the oparxng of wur Credit Line if. but only, if, you do rat request to tarmkrete wur Credit Llne withn ninety
(901 days from the Opening Oate. If you request [o terminate your Gedit Line within ninety 1901 days from the Opening Date, Lender may
charge or daWl your Credt Llne Account for all, pr so much as Lender may elect. of the coats peitl by Lender in connecton with opening
your Credit Line.
Lender's Rights. Under tNS Agreement, via hsve the following rghta:
Tarminadon end Aoceleretion. We can terminate your Cretlit Line Account end require yeti to pay us the anwe outstanding balance m one
payment, and charge you certain face, if any of the folowing happen: It) You commit fraud or make a material misrepresentation at any
lime m connection with this Gedit Agreement. This can mclude, for example, a false statement about your income, assets, liabllitiea, or
any otfrar aspects of your financial condition. 121 You do not meet the repayment terms of this Crerht Agreement. 131 yow acton or
inaction adversary effects the eolleterol for [he plan or our nghp in tbe col4rerel, Thie can mekxfe, for example, failwe ro maintain regwred
insurance. waste or destrwtive use of the dwelling, failure to pay taxes, death of all persona liable on the eeeoun6 transfer of title or sale
of the dwelling, croation of a senior lien on the dwelling without our parmiaaan, forecioswe by the faltkr of another lien, or the we of
Curds ar the dwelling for prohibited purposes.
Swpension or RaducOOn. In addition m any offer rights we may have, we can swpend additional extensions of credit or reduce your
Credit Liml[ during enV penod m wfach em of the followiig are In efiacv
Itl The valve of your property decgnea signiflcanvy below the property's appraised valve for purposes of mis Credit Line Account. this
includes, for example, a decline ouch the[ the initial difference between the Gadit Limit amt dra available equity w reduced by flhy percent
and may include a smaller decliia depending on the indHidual circumarenees.
l21 We reasonably believe met Vou wig be unable to fulfill yow payment oWlgaoons wrier Vour Credit Line Account due ro a material
change in yow financial circumstances.
13) You are in default under any material oWigatrona of this Credit line Account. We consider all of your obligadone to be material.
Categories of material obligations mclude the events descHbed above under Termination and Acceleration, oWiga[iona to pay fees and
charges. obligations antl IimRatrona on iha receipt of credit edvancea, obligatana coneerrrmg maintenance or use of the property or
proceeds, obligations ro pay end perform the terms of env otMr deed o[ trust, mortgage or lease of the property, obligations to nodfy us
end to provide documents or intormanon to w lauch ea updated Hnsnciel mformatanl, obligatona to comply with appllca6le laws (such as
zoning rastnetionsl, and obligatone of any comaker. No default will occur until we mail or deliver a ratite of default ro you. so yeti can
restoro your right to credit atlvenees.
14) We are precluded bV govemment action from imposing the ANNUAL PERCENTAGE RATE provided far under this Agreement.
I51 The priority pf our security interest is adwreely afPoc[ed by govemment action to me extent mat the wlue of the security interest b
less than one hundred twenty percent (120%) of the Credit limit.
161 We haw been notified by governmental authority chat continued advances may constitute an unaale and unsound business practice.
Change h Terms. We may make changes to the terms of mis Agreement If you agree to me change in writing et that time, if the change
will unegmvocally benefit you throughout the remainder of your Credit Line Account, or if the cfrerrge la IrraigMflcant (such as changes
relating to ow data processing svstemal. If the Index 14 no longer available, via will choose a new Index and margin. The new Index will
have an Mstoncal movement substantially simper ro the orgiMl Index, and the new Index and margin will reaWt m en ANNUAL
PERCENTAGE RATE that Is substanwlly aimgar to the rate in effect at the rime me original index becomes unavailable. We may prohibit
atldluonel extensions of cratlit or reduce wur Credit Limit during any penod m whah the maximum ANNUAL PERCENTAGE RATE index
your Credit Line Account is reached.
Colleetlen Costa. We may hire or pay someone else to help collect this Agreement if you rip no[ pay. You will pay us the amount of these
casts and expenses, which includes, sublet( to any limits under applicable Isw, our reasonable attornew' fees erd our legal expenses
whether or rat there is a lawswt, including reasonable attorneys' fees end lapel expenses for bankruptcy proceedings lincluding efforts to
modify or vacate any automatic stay or inlunction), and appeeki. If not prohibited by applicable law, you also will pay env court coats, in
addition to all other sums provided by law.
Aceaes DewcK. If your Gedit line is suspended pr terminated, you must immediately return to tie ell EeaannaLina Checks and any omen
access devices. Any use of EssentiaLifw Checks or other access devices fogawing awpension or tsrmmatlon may be considered
freudulant. You will also remain liable for any further use of EssentiaLine Checks or other Credit Lina accede devices not re[wnstl to us.
Delay In Enfwcemant. We may delay or wawa lire enforcement of arty of ow rghb under Nis Agreement without locirrg that right or any other
right. II we tlNey or waive any of our rights, ws may enforce that right at any rime m the hitwe without advance novice. Far example, not
termmavng your account for non-payment will not be a waiver of our right to terminate your account m the iwure it you hsve rat para.
Caneagedon bV you. If you cancel your right to credit advances order mis Agreement, wu mwt notify us and return ail Essen[faLtne Checks
and any other access devices [o us. Despite cencslletfon. your obligations under this Agreement will remain m full force and effect until you
have paid us all amounts due under this Agreement.
Prepayment. You may Prepay all or env amount owing under [his Credit Line et any Ome. except we will be entitled to receive the propeyment
penalty ea stated chow aM to receive all accrued FINANCE CHARGES, end other charges, if arty. Payments in excess of your Minimum
Payment will not relieve you or yow obligation to eommue to make vow Minimum Payments. Instead, they will retluce the pnnapel belence
owetl on the Credit Line. You agree not to sand us payments marked "paid in full", "without racouree", or similar language. It you send such a
payment, we may accept it without being any of our rights under this Agreement, and you wllR remain obligated to pay coy former amotait
owetl to us. All written communications cancerrerrg disputed amounts, meluding arty check or other payment instrument that indicates that the
payment corrantutea "payment m toil" of the amount owed w that is tendered wain omer Condltrofla or limitenona or as full satlafactron of a
disputed amount must be mailed or delivered to: AmSowh Benk, P.O. BOX 216 Birmingham, AL 35201.
Nodeas. All notices will be sent to wur address as shown in mis Agreement. Notices will be mailed to you at a different address if you give w
written nonce of a different address. You agree to advise us promptly H you change your mailing address.
CREDIT AGREEMENT AND DISCLOSURE
(Continued- Pege 6
filing an eaten m smell clams court for Claims or disputes wittun the scope of the small claims court's iurisdicuon.
Arhhratorlsi. The arWtranon of any Claim or sny coun[er•Cleim of 8100,000 or greater shall be conducted 6y a panel of throe arMtretora.
The arbitration of env Claim or any Counter-Claim of a lesser amount shall be conducted by one arbitrator. The arbtrnorlsl shall be selected
Tram the AAA's panel of ar6ltratora by mutual agreement between you and us. If we cannot agree on the arblbe[or(sl, the AAA shall appoint
the arbtmtorlsl.
No Joinder of Claims: No Class Claims. Except as expreasN provided m this agreement to arbtrate, ra Claim may he joined with another
dispute or IawauiL or consolWatad with the erbitreuon of another Claim, or resolved on behalf of a class of similarly aituatatl persona, The
validity and enact of this prowsan of rota agreement to arbitrate shall 6a derormned 6V a court of competent jursdiction antl not 6y the
arbitretorlsl.
Llmitetlona, Defenses and PriWlegea. All statutes of limirotion. defenses, and attorney-client and other prrvaegea that would apply in a court
proceeding will apply in the arW[ratlon.
Loostion of Haanng. AnY in-parbon erbiirahon hearing will be heW m Bimmnghem, Alabama, where our mein offke Is located, or m the
county end crate where Chia Agreement wee executed if we have an Doke in that stets.
Scope. Except as otherwwe expressly Provided in this agreement to arbitrate, anY dispute regarding whether a pertictdar controversy is
sublet[ [o arbitration, mciuding any claim of tnconscionablllty and any dispute over the scrape or validity of titre agreement to arWtrate disputes
or of this entire Agreement, will be tletidetl by the arbitretorlsl.
Exchange of Mformadon. The arbitretorlsl shall eatabllah such reasonable procetlu[es as may be necessary for the reasonable exchange of
information between the pernes poor to such arbrtreaon.
Expedited Procedures. The Expedited Procedures of the ArMtreuon Rules shell apply in any dispute where no clatm or counterolaim
exceeds 875.000. ezcluaiw of interest and arbitration tees end costs.
Award. In rendering an award, the arbitra[orlsl shall apply applicable contract terms, statutes end legal precedent and shall follow
applicable rules or evidence, enrorca apPilceble pnWleges, and employ applicable burdens of proof. The arbitretorlsl shell award only such relief
as a court of competent luriadknon could properly award under applcable law. The arbitration award shell ba m writing and shall include a
wnt[en explanation of [ha basis for the award wider the applicable comract terms, statutes and legal precedents. Any appeal of the arbrtretan
award will bs governed by the FAA. Judgment on the arbitration award may he entered m am court having rynadictlon.
Sera-Help Remedies and Small Cisma Court. This agreement to arWtrate does no[ limit the tight of you or us, whether before. during or
star [he pendency of env arbitrotan proceeding, to ezerciae self-help rometliea such as sat-on or raposaessan antl sale of collateral, or to
foreclose a mortgage, deed of [rush secuntY deed or similar instrument or dooument, with or without a court action, or to bong an acton
pndivduelly, and rot on behalf of a class) to obmm provwronal or ancillvY remsdea or injunctive relief Totter then a stay of arlxtratanl to
protect the rights or property of [he party seeking such relief. The [eking of any of the eetans described m the preceding sentence 6v wu ar us
or the hang of a court action by Vou tx ua shall trot be deemed to be a waiver of the tight to demand arbltra[kn of any Claim asserted as a
counterclaim or the like m response to sny such action. This agroement to arbitrate doa6 not emit your or our right to file an action m smell
claims court rot C4fms Or disputes within the scope of the small claims court's jurisdiction.
Tronsatltbn Involving Commerce. You antl we specifically acknowledge and agree the[ this Agreement evidences a "trensactron involving
commerce" under the FAA, and hereby waive antl relinquish any right to claim otMrwise. You and we hereby ackrawladga, agree and snpWate
that. we ere a multMatate banking orgemzation engaged a ataretaw banking; ow deposna are federally insured; the funds used to fund loans
such as this one ere obtained. at least in part, through interstate commerce; end we regularly use the services of buamesaes bcated In other
stares in making and adminu[enng bans end in eorducting other transactions.
SaveroHNty. Except as provded in the following sentence, if any term or provision of this agreement to arbitrate disputes and waiver of
fury teal ie Mld to 6e mvaNd or unenforceable, the remeimng prowsans shall ba enforced without regard to the invalid or unenorceabla term or
prowmon. If the prohibition against Idnder of derma and class wtarls, or airy portion thereof, is held [o be invalid or unenforceable, the
agreement to arbitrate diaputea shall also be invalid and unenforceable, but the waiver of jury Ina) shall continue to 6e enforceable.
Survival of Arhltretbn Agreamem. TMa agreement to arWtrate disputes will survive the closing of your account and the termination of tMs
Agfeamanl.
Waiver of Right to Jury Teel. WHETHER ANY CLAIM OR DISPUTE IS SUBMITTED Tp ARBITRATION OR RESOWED BY A COURT, YOU
AND WE VOLUNTARN.V ANO KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO SUCH DISPUTE TO THE FULLEST
EXTENT ALLOWED BV LAW.
NOTICE: Thle agraamant to arbkrets dGputaa Nmfta or waives eertab of your nghta. With respect to Cgima you ere agreeing tc arWtrate
ptasuant to this Agnamam. you are vreiving your right to bring a court cotton. and you ere wmvbg tM tight to ftave s fury teal on all
eonbawraias, whetMr settled by arbhratbn or by s court. Ytlu canter represent a class of cltamm~[s b We arbitration proceeding. Diapovery
may be more limited a arbitration than in a court proceeding, end the right and grounds to appeal from an arbbretar'a award era moo limbed
than in an appeal from s court judgment. Certain other rights yeti hew a a court prtaeadrg deo may rat bs aveilWls m afhitra[lbn.
Rainstatamant of Credit f'rivNages. IF we have suspended your credit prlvllagea by suspending edditionai exten&ons of credit or reducing your
Credit Limn as permitted under "Suspension or Retluctlon" under "Lender's Rights" above, you may be entitletl ro have tMse credit privileges
relnatated. To obtain the relnatatemant of tfase credit privileges, you must rarities[ such remstetemen[ m writing and pay any Costa or
axpans6e we may incur m mveatlgating whether ar not such credit priWlages arc due to be rems[ated. Iq during the period tlunng which your
credit privileges ere suspendetl. starter event described in either 'Termination and Acceleration" or "Suapenson or Reduction" shove occurs.
we will have the rights speclNad for tits occwrence of seen event, and wa wiN not ba obligated to reinstate your credit privileges as described in
this paragraph.
Stopping Payment on EssantlaLine Cheeks. If yeti want to stop payment on an EssentieLine check, you may tlo so by cellirg us at
t-800.231-7453. You must tell us the mrmber of your Credit Line Account, rile party [o whom you wrote the EssentieLine Cheek, and the date,
number and amount of the EssenhaLine Check. If you de not confect ua at bast two 121 hours before we receive an EssenhaLine Check. we
may not be able to stop payment on rt. If you choose to atop payment on any EssenneLjna Check, you agree to pay our sreMartl tae then in
effect for stopping payment on s cheek.
Limib an our RasptaisibiNty. If we refuse to honor your Card or one of your EssenhaLine Chocks for any reason beyond our control, sutra as
electronic, telephanc or computer malfunction. we will not 6e legally responalbM to you m any way or any other request far an advance under
your Credit Litre. WB will no[ be legally responsible If anyone else refuses to honor yow Cerd or to accept an EasentlaLina Check for any reason
whatsoever. This Agreement dr»s not effect your rights under the Federal Truth In Lending Act. However, If that Act does oat give Vou the
tight to withhold payment Irom us or to use a particular clmm or defense against ua m Connection with property or services purchased wkh your
Card or an EssenhaLine Check, you agree not to withhold payment or to use the claims or defense amt that we are rat responsible for the
property or services. You also agree that we may make any adjustments or refunds by crediting your Credit Line Account.
Susl>aiws Activity. Vou agree the[ you wiN not act m any manner that may Cause ua to reasonably believe that you have engaged m, or that
Vou mtentl to engage m, any auspicious acnviry ae described m or contemple[ed unthr the Bank Sacrety Act, the USA Patriot Act, or any other
mmaar or related law, whether now or hereafter m effect or under any regulation Issued pursuam to any such law. Further, you agree that if
your name for a derivation thereof) appears on a list of suspects Issued a fbendal institutbna by the Offlee of Foreign Assets Controh the
Financial Comes Enforcement Network. [ha Federal Reserve [bard, or arty other governmental entity or agency, [hen you will 6e conclusively
prewmad to haw acted in a manner that would cause [is to reasonably believe that you have engaged In, or that you intelzl ro erpage m, such
suspicihus actmty. You acknowledge end agree that your obligatans under Mia paragraph uronstitute soma of your "material oblgetions" of this
Credit Line Account as provided under subseetbn 131 under 'Suspension or Reduction" under "Lender's Rights" above
Govarnbg Law. ThB Agreement wNl ba 9owrmd 6Y federal kw appNaabM ro us and. to tae extant not preempted by federal law. the laws of
the State of Florida wthout regent to fta aatfliots of law proviaians. This Agreamem has bean acoapad by w In the Stets of Floritla.
Chase of Venue. It there is a lawau¢, you agree upon our request to submit to the lurisdictian of die courts of HILLSBOROUGH County, Slate
of Rorida.
Garnishitwltt. You consent to the issuance or a conunarg writ of garnishment or attachment against your disposable earnings, m accordance
with Saetion 222.11. Florida Statutes, m order to satiety, m wtak or m part, any money judgment entered in favor of us.
Caption Headings. Caption headings m IMC Agreement ors for convenience purposes only andare nor to be used to interpret or define the
provisions of [his Agreement.
Imsrpragtion. You agree that tMs Agreement, together with the Mortgage, is the best evidence of Your agreements with us. If we go to court
for any reason, we can use a copy, filmed or ekctrome, of any periodic statement, this Agroemanh [tie Mortgage or enry other tlocument to
prove what you owe us ar that a bansac[k!n Ms taken place. The copy, microfilm, marofiche, or optaal image wilt have tfx same velidiry es
the original. You agree that, except to the sztant you can show there is a bilang error, your moat current 1»nodic statement is the best
CREDIT AGREEMENT AND DISCLOSURE
(Contatued) Page 5
Credt Information end Rslsred Mattero. You authorize us to release information about you to Mad parries as described m our privacy policy and
our Fair Credit Repotting Aet notice, provkied you did not opt out of the apoleabb policy, or as permuted 6y law. You agree chat, upon our
request, you will provide us with a current tinanerel statement, a new credit applicatron, pr both, on forma provided by us. You also agree we
meY obtain credit reports oo you at any tang, at our sob opmon end expanse, for any reason, mUuding ltu[ not limited to determining whether
them has been an adverse change rn Your financial condition. We may require a new appraisal of the Property which seeurea your Credit Line at
any Gina, rraluding an internal inspection, et our sole option and expense.
Tramfar or Augnment. Wtthaut prior notice or approval hom you, wE reserve the right to 5811 or [rarnafer your Credit Line Account end our
righu arid obligsnons under tMs Agreement ro another lender, entity. or person, and to assign our rights under tM Mongsge. Your nphts under
thus Agreement bating to you only and may not be transferred or aesignad. Your o611ganons. however, ere binding on your heirs and legal
repraaentahves. Upon any such eels or transfer, we will have no further oWiganon to provide you with credit advances ar to perform any other
obligation under tMs Agreement.
Tax Conesqusnsss. You unturstand that neither we. nor any of our employees or agents, make env representation or warrenty whatsoever
concerning the tax eomequaneea of your eaubliehk[g and using your Credit Line. including the tleductlbili[y of in[ereat, end that neither we nor
our employees or agents wig be Iiabb in the avant interest on your Credit Line i9 not deductible. You should oorreult your own tax adwsor for
guidance on this subject.
Notify Us of Imeeeurats Informatlon Wa Report To Comtanar Reporting Aganeiea. please notify us if we repott any Inaceurote information about
your account(s) [o a consumer reporting agency. Your written nonce describing the specific maccurecYlbal should 6e sent to us at the
following address: Credit Information Dspartmant AmSouth Bank P.O. Box 830721 Birmingham, AL 35283.
Jury Waiver. We and you hereby waive the right to any Jury vial in env action, prooaetling, or cournercbart brought by ehhar us or you against
the ether.
Prohlbhed Uses. You agree ndt to use any Credit Line credit advances to make peymenN on your Gedit Ltne. You further agree not to use env
Credit Line credit advances [o Nuance or refinance the purchase or a one-te-four family dwelling, if the advances are secured by a lien on that
dwelling.
Rssftdtitxls on Advances. Nehher your Card nor [he Special Checks may be used for any illegal transecnona. Wa reserve file right to decline to
authorize transactions that are or meY be igegal or queatronable.
RIpM of Reaoiasion. Yau may be entlded [o a three day Right of Rescissron trader the Federal Truth In Lending Aet and Reguletan 2 where your
Credit Line Account la secured by a Mortgage on real aerate that is your principal dwelling. If this is the case, we may refuse [o make credit
advaneea t You untl this three day Right of Resclssron has expired. In the avem that you aubsequendy request an increase in your Credit limit,
you agree ro sign any additkxial aecudN egroemenre that are necessary m our opinan to extend our secwity Intarcst m your real estate that rs
your principal dwelling [a include the additional amounts authorzed under your Credit Line Account. Under such circumstances, you may ba
entitbd to an additional three day Right of Reccrssbn, wMch will only affect the enlargement of our security interest In your real elute Chet is
your principal dwelling, to secure additonal authorized credit amounts. We may reasonably refuse to make additional credit advances to you
above your prswoua credit Ilmn until this edditronal Right of Reacieaion period hoe expired.
Foreign Currency Convenbn. If you effect a transactbn with your MasterCard card In a currency other than U.S. Dollars, MasterCard
International Incorporated will convert the charge Into a U.S. Dollar amount. MasterCard Intamatlonal will use its curency conversion
procedure, which b diacksed to inslttutions that issue MasterCard cards. Currently the currency convararon rata used by MasterCard
International to datermrne the trensaction amount In U.S. Dollars for such tisnsaeborls is generally either a government mandated rate or a
wholesale rata determined by MasterCard Intemanonal for [he processing CYCie m which the transactan rs processed. Incrsaaed by an
ediustment factor eahblbfled hom time to rime by MeaterCaM Internanonei. Tha curcency conversion rata used by MasterCard International on
the processing date may differ from [he rats that would have boon used on the purchase date or cardhdder sutement poanng date.
If you use your VISA Platinum Card for ransaetiom made in ctn•rcncias Dinar then U.S. Dollars, the trensaenons will be converted to U.S.
Dollars under the reguletrona eatablfahed by VISA then in effect and may incitde fees charged directly by VISA. Comrenron to U.S. Dotlers may
occur on a date other then the date of Ma trenaactnon. The exchange rate between the menaectron currency and the b811ng currency Is either 111
a rate selected by VISA tram the range of rates available in wholesale currency markets for the appgcabb central processing date, which rate
may very from the rate Vise itself receives, or 121 [he government-mandated rate in effect for the applicable eentrel processing date.
Lesser Action. If an event occurs that would albw us to terminate and eccelereh all amourna you owe ua under your Atcounq we may initially
sleet ro take leaser action, such as proMbiting adtlitiortN advances, reducing yow credit limtt, or changing the terms of Ihb Agreement by
Increasing your Annual Percentage and Dagy Periodk Rates, Minimum Peymen[ or collateral ragWrements. If we choose to take ouch baser
action iMtielly, we reatuve [he right to [emanate end accebrau all amounts due under your Account, regerdiesa of whether any atldiuonel
events have occurred wMch would permit termination anti accebration.
Ezianng Indtuttsdnaas. You agree not to request adtlhional funds or credit advances from any creditor whroh may hold a prior lien that contains a
"dragnet". "future advance' or similar cbuae In env mortgage, security dead, dead of trust, dead to secure debt or other eecuriry Instrument
upon the Property securing this Agreement.
DeTarisa Coats. In edditfon to the costs and axpenaee I have agreed ro pay under "COllectbn Costs" above. 1 will pay eg costs and expenses
incurred by Lender arising out of or relating [o any steps or ecnons Lender takes to defend any urraucceasfW claim, allegation or counterclaim I
meY make against Lender, Sueh costa and expenses shall Include, without Ilmitatron, attorneys' fees anti cosu.
Sat-Oft. In [he event 1 default, Larder may, under applieebN law, have the right to apply any accounts I have with Lender to arty of my debts [o
Lender-
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL. Exeapt tie expressly provided below, any eontraversy, clear[. dbputa ar
diaagraemarK (any "Clean"! arising out o4 in wmeatron with or raieting to It) your bwnreas relsdtw[ship with tie: 121 the performance.
mtaroratatbn, nepMlaaan, axecutlon, cogaterolizatian, adminratratlen, rapaymam, moARcetlon. or extension of this AgrNmarrC 131 any cfurge
or cost Ineorred ptuauam to this Agroamanl: 141 the calbctlon of any amaunb rlue under fhb Agraemem: f61 any sgaged tort or timer clean
erbarg Dirt of ar noting in any way to this Agraamam, eoaarorel under this Agreaman4 any accoun ntablhhsd pursuant to this Agrsarmm, ar
env imurarroe or meohenaoal repay contract praahassd pnnuant m or In conneetiat with fhb AgreemanC 181 env brsaoh of any provision of this
Agreement: 17) any sestamant or reprosantatlan made ro you by or on beheff of us; or IBI any of the foregoing arbmg otn of, in eonnaetbn wim
or relating to env agnemem whbh rebtea ro fhb Agreement or any asalgnmant of fhb Agreement, or any rebtionsMp created W or resultlng
hom this Agnamsru, will be wattled by hhdirg arbhranan under the Federal Arbitraton Aot ("FAA"). This agreement ro arbttrata shall Include
any Clams involving our officers. directors, employees. agents, representatives, wnvactors. aubcenvaciors, afffElaha, aucceasore or assigns.
and any such Clalma against any of those parnea may be loured or consolidated with any related Claims apamst ua m a single arbivadon
Ixoceatling.
Admintetrsdon and Rubs. The arbtration will be administered by the American Arbivauon Assoua[ion Ithe "AAA"1 under its Ctlmmerciel
Arbitration RWes ord. where aDPlicabb. Its Supplementary Procedures for [Fie Resolutbn of Consumer-Related Olsputes (collectively, the
'Arbtraton RWes"1 in effect at the time the demand for ubitiatlon is filed. In the event of a conflict between the Arbitrator Rules and this
Agreement, this Agreement will conhol, except that, In the event that the AAA determines that any protnsan of iMs Agreement does not
comply with applicable standards stated in me AAA's Conaumar Dua Process Protocol, the a[enderda of the Protocol will control. We will tell
You how to contact the AAA end how to gat a copy of the Arbitration Rube without cos[ if you ask us in writing ro do so. Or, wu may contact
the AAA directly at 1-800.778-7879 (toll-free) or at www.adr.org.
Arbhratbn Fass arid cosu. If the AAA's Supplemental Procedures for Consumer-Related Disputes apply to your Claim or Counterelarm.
and if your Claim or counterclarm for actual damages does not exceed 010.000, you will be responsible for paying one-half of the arbn[rator's
has up to a mawmum of 8125. If your Claim or Countamleim hr actual damages exceeds $10,000 but does rat exceed s75,000, you will be
responsible nor paYing one-half of the arbitrator's fees up [o a mexmum of 5375. For such Cleima or Counterdelms mat do not exceed
875,000, we will pay all other arbme[or'a fees and costa imposed by the admimetretor of the arblhanon.
If your claim or counterclaim Is aconsumer-related claim for actual damages that exceeds 575.000, ar if rt is anon-monetary consumer-related
claim or counurciam, or it it rs no[ a constctar-related claim or caun[ercbim, you wgl ba responsible for paying the admimatrative costs and
arbitrator's fees as provided m me AAA's Commercnal Fee Schedule. Additionally, in the case of s coroumer-related claim or counurclaim for
actual damages in excess Of 675,000 or for non-monetary damages, and In the case of any ron-consumer-related claim or countemlaim, the
prevailing party m an arbitration proceeding may seek ro recover ih expenaea for atlministrativa fees and arbltiatorlsl's fees from the other patty
m accordance with the Arbitration Rubs. The final award by me erWtratorlal pertaining to such a Claim ar Counterclerm can apportron the
admmiatreuve fees and expenses end erbRretors' lees between you and us as part of the award. as me erbttretorlsl determines is appropriate.
The fees and Costs Stated in mts Agreement are subroct IO any amentlmenu to the Arbtraton Rtrles end he end coat schedules of [he AAA.
The fee anti cos[ schedule in effect et the time you submit your claim or eounteroleim wgl apply. TM Arbitration RWes permit you to request a
deferral or reduction of me admintatratlve fees of arbftretian If paying them would cause you extreme hardship. Each party also has the optron of
CREDIT AGREEMENT AND DISCLOSURE
(Continuadl Page 7
svlNnee of your obligation m pav.
Sevarahgity. If a court finds that any provision of this Agreement is rat valitl or should not be enforced, tftet feet Dy itself will rat mean the[ the
rest of this Agreement will not be valid or en}Diced. Therelore, a court wig entoroe the rest of the provisions of thu: Agreement even if a
prawsion of this Agreement may bo found to tte invalid or unenfarceebk.
Aaknowiadgmard. Vou rmderstantl erd agree to the terrne and contliuonc m this Agreement. By signing This Agreement, you acknowledge that
you have reed thM Agrwmant. You also acknowedgs receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice end
the esrly home equity Ilse of credit eppgeebon diaebsure, m addiuon to the handbook entided "What you should know about Home Equity Linea
of Cretli4' given with the applkanon.
BORROWER:
x;: ~~~~.
Effective Diabursamant Data:
Florida Documentary Stamp Tax
Florida documentary stamp tax in the amount required by law has been pdd with respect to this Agreement on the
Mortgage securing this Agreement.
CREDIT AGREEMENT AND DISCLOSURE
(Continued) Pege 8
BILLING ERROR RIGHTS
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
TMa notice contains anportan[ mformanon about your rights and our responsibilities under the Feu Credit B51ing Act.
Nodfy us in toss of snore or questions about your bill.
It you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at
AmSouth Bank
P.O. Boz 218
BkmmgMm, AL 35201
or at the address Ilsted on your bill. Write to us as scion es possible. We must Mar from you no later than sixty 1601 days after we sent you the
first bill on which the error or problem appeared. You can telephone us, but doing ao will not Preserve your rights.
In your letter, gwe W tM following information:
Ypur name end aceoun[ number.
The dollar amount of [he suspected error.
Describe the error and explain, if you can, why yeti bepeva there is an error. If you need more mformatlon, descdbe the nom yeti ere
not sure about.
If you have authorized us to pay your MII autrmtaticelly from your savings or checking account. you can stop tM payment on any amount you
[Mole a wrong. To atop the Dayment, your letter must reach us three 131 business days before the automatic payment ie achedWed to occur.
Your rights and our responsibilities efts wo receive your written notice.
We must acknowledge your letter within thirty 1301 days, unless we have corrected the error by then. Whhin ninety (901 days, wa must either
correct tM error or explain why we believe tM big was correct.
Aber we receive your letter, we carnot try to calktt any amount you questan, or report you as delinquent. We can continue [o bill you for the
amount you quosbon, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay env
questioned emoun[ whit wa are irnestigenng, but you era still obligatM to pay tM parts of your bill that are not in question.
If we find that we made a mistake an your big, you will cwt Mve to pay any finance charges related to any questioned amount. If we didn't
make a mistake, you may have [o pay prwioe charges, antl you will have to make up any missed payments on the queatiorietl amount. In either
ease, we wig send you a statement of tM amount you owe and the date on which it is due.
If you fall to pay tM emoun[ that we think you awe, we may report you as fklirpuent. However, if our explanetwn does not satleH You and
you write to us wi[Mn ten (701 days taping us that you still rohrae to psy, we must tap anyone we report you to that you Mve a question about
your 6111. Antl. we must tell you the name of anyone we reported you to. We must tap anyone we report you to that the matter has been
settled between us when it gristly is.
II we don't folbw these rules, ws can't t:ollect the first 950 of tM questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases
It you have a problem with tM quality of property or services that you purchased with a credit card, end You have toed in good faith to correct
tM problem with the merohan4 you meV have lM right not to pay IM remairang amount due on tM property or serwces. TMre ere two
limitations on lMS right:
(al You must Mvs made [M purohaae m your Mme stets or, If not wRMn your home stets within 700 miles of your current mailing
address: aM
(bl TM purehese price must Mve been more than 850.00.
TMSe limitations tlo not apply If wa own or opereta the merchant, or if we mailed you tM advertisement of the property or services
YSIn AO WYn0. Sa S.a).mLLS tM. NSW rn~aw Sr1u~.. M. n9r. L1fl. Y,ynu 11titi. . R 1d1OM14,nM1NOY{MnN]LC TN06a Mxl