Miscellaneous: WELLS FARGO BANK, N.A. VS. MINH C LE

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                                SUM-100

SUMMONS FOR COURT UBE ONLY

(CITACION JUDICIAL) (SOLO PARA USO DE LA CORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO)
MINH C LE

YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDADO EL DEMANDANTE)

WELLS FARGO BANK, N.A.

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 0 days. Read the information below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on
the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may
be a court form that you can use for your response. You can find these court farms and more information at the California Courts Online Self-Help Center
(www. courtinfo.ca.gov/selthelp), your county law library, o the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver
form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further waming
from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an altomey referral
service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit
groups at the California Legal Services Web site (www. lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selthelp), or
by contacting your local court or county bar association. NOTE: The court has a statutory lean for waived fees and costs of any settlement or arbitration
award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
iAVISO! Lo han demandada. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacién a
continuacién.

Tiene 30 DIAS CALENDARIO después de que la entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer
que se entregue una copia al demandante. Una carta 0 una llamada telefénica no lo protegen. Su respuesta porescrito tiene que estar en formato legal
correcto si desea que procesen su caso en Ia corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos
formularios de ta corte y mas informacién en el Centro de Ayuda de las Cortes de California (www sucorte.ca.gov), en Ia biblioteca de leyes de su condado o
en ta corte que le quede més cerca. Sino puede pagar la cuota de presentacién, pida al secretario de la corte que le dé un formulario de exencién de pago
de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podré quitar su sueldo, dinero y bienes sin mas
advertencia,

Hay otros requisitos legales. Es recomendable que llame a un abogado inmedietamente. Sino conoce a un abogado, puede lamar a un servicio de
remision a abogados. Si no puede pagar a un abogado es posible que cumpla con los requisites para obtener servicios legales gratuitos de un programa de
servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org),
en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gav) 0 poniéndose en contacto con la corte a el colegio de abogados locales. AVISO:
por ley, la corte tiene derecho a reciamar las cuatas y los castos extentos por imponer un gravamen sabre cualquier recuperacién de $10,000 6 mas de valor
recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil, Tiene que pagar el gravamen de la corte antes de que la corte

pueda desechar ef caso.
CHE 9 580504

‘The name and address of the court
(El nombre y direccién de la corte @:
SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

400 McAllister Street, Room 103, San Francisco, CA 94102-4514,

The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, ta direccién y el numero de telétono del abogado de! demandante, o de! demandante que no tiene abogado, es):
REESE LAW GROUP, D. Wilson Jordan, Esq. (Bar #279959) CIN 17

3168 Lionshead Carlsbad, CA, 92010 760/842-5850 (File No. 560871)

DATE: NO Clerk, by , Deputy
vom NOV 04 2019 Clerkofthe Court fey De ‘ager
(For proof of service of this summons, use Proof of Service of Summons (form POS-010),) 7 ANGELICA SUNGA

(Para prueba-de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
g UR NOTICE TO THE PERSON SERVED: You are served
1. [7] as an individual defendant

2. [] as the person sued under the fictitious name of (specify):
3. [[] on behalf of (specify):
under: [7] CCP 416.10 (corporation) [[] cop 416.60 (minor)
[21 cc 416.20 (defunct corporation) [1 cep 416.70 (conservatee)
[£1 cep 416.40 (association or partnership) (1 cep 416.90 (authorized person)
[] other (specify),
4. [_] by personal delivery on (date):

Pao of 1
Form Adopled for Mandatory Use ‘SUMMONS Code of Civil Procedure 6§ 412.20, 465"

Judicial Council of Caktomia win courtinto.ca.gov
‘SUM-100 (Rev. July 1, 2009 AXPhD
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stato bartumbor, nd addross) 560871
1D. Wilson Jordan, Esq. (Bar #278959)
REESE LAW GROUP
3168 Lionshead
Carlsbad, CA, 92010
TELEPHONE NO: 760/842-5850 FAX NO(Optonay: 760/842-5865
E-MAIL ADDRESS (Optional
oRNeY cor awe WELLS FARGO BANK_N.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

STREET ADDRESS; 400 McAllister Street, Room 103

MAILING ADDRESS: 400 MoAllister Street, Room 103

GTY AND ZIP COE. San Francisco, CA 94102-4514

BRANCHNAME: _SAN FRANCISCO DISTRICT Nov 0 4 2019

PLAINTIFF: WELLS FARGO BANK, N.A. CLE OF THE COURT

PLD-C-004

FOR COURT USE ONLY

lSan Francisco County Superior Court|

DEFENDANT: MINH CLE

By:
‘s Deputy Clerk
ANGELICA SUNGA

[[] does 1 To

CONTRACT
COMPLAINT [1] AMENDED COMPLAINT (Number):

[2] __cRoss-comPLaint [] AMENDED CROSS-COMPLAINT (Number):

Jurisdiction (check all that apply): ‘CASE NUMBER:

[Ad ACTION Is A LIMITED CIVIL CASE

Amount demanded [] does not exceed $10,000

[5d exceeds $10,000 but does not exceed $25,000 BG o 4 9 =5 8 g 5 g &
[J ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)

[£1] ACTION Is RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
[] from untimited to limited
Plaintiff*(name or names): WELLS FARGO BANK. N.A.

alleges causes of action against defendant*(name or names):
MINH C LE

2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a, Each plaintiff named above is a competent adult

except plaintiff (name): SAME AS "1" ABOVE

(1) (2) a corporation qualified to do business in California

(2) [] an unincorporated entity (describe):

other (specify): PLAINTIFF IS A NATIONAL BANKING ASSOCIATION ORGANIZED UNDER THE NATIONAL
BANKING ACT, TITLE 12 OF E UNITED STATES CODE.

b. [Cl] Plaintiff (name):
a. [[_] has complied with the fictitious business name laws and is doing business under the fictitious name (specify):

b. [_Jhas complied with all licensing requirements as a licensed (specify):
c. [[] Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4 a. Each defendant named above is a natural person

[] except defendant (name): [7] except defendant (name):

(1) [2] a business organization, form unknown (1) (J a business organization, form unknown

(2) [_] acorporation (2) [_] acorporation

(3) [] an unincorporated entity (describe): (3) [_] an unincorporated entity (describe):

(4) [] a public entity (describe): (4) [£_] a public entity (describe):

(5) [_] other (specify): (5) [_] other (specify):

‘if this form Is used as a eross-complaint, plaintif means crass-complainant and defendant means oross-efendant. Page 4 of 2

For Approved for Opional Use COMPLAINT—Gontract Code of Cit Procadure, § 425.12
Jixkctal Counc of California

PLO-C-001 (Rev. January 1, 2007]

VIA FAXPLD-C-001

‘SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, NA. v.
MINH C LE
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) [] Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [] Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.

c. [] Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. [] Defendants who are joined under Code of Civil Procedure section 382 are (names):

5.  [_] Plaintiff is required to comply with a claims statute, and
a. [1] has complied with applicable claims statutes, or
b. [£1] is excused from complying because (specify):
6. This action is subject to 84] Civil Code section 1812.10 [41 civil Code section 2984.4.
7. This court is the proper court because
a. [] a defendant entered into the contract here.
b. [] a defendant lived here when the contract was entered into.
c. MME a defendant lives here now. Please see Declaration of Venue attached hereto as “Exhibit A’.
d. [1] the contract was to be performed here.
e. [£) a defendant is a corporation or unincorporated association and its principal place of business is here.
f [J real property that is the subject of this action is located here.
g. (J other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
BEM Breach of Contract
Common Counts
[7] Other (specify):
9. [1] Other allegations:
40. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, ahd equitable; and for
a. BMRB damages of: $16,403.74
b. [1 interest on the damages
(1) E_Jaccording to proof
(2) [2] atthe rate of (specify): percent per year from (cate):
c. ME attorney's fees
a) CJ of $
(2) according to proof.
d. [i other (specify):
Plus costs of suit. Minus any payments made that have not yet been credited. South Dakota laws apply.
41. (] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
pate, 10725714 P Tul
D, Wilson Jordan. Ese, > VY lu CFA heel
(TYPE OR PRINT NAME) ot (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
(lf you wish to verify this pleading, affix a verification.)
PLB-C-001 (Rev. January 7, 2007) COMPLAINT—Contract Page 2of2

WIA FAXPLD-G-001(4

SHORT TITLE: ‘CASE NUMBER:
WELLS FARGO BANK, NIA. v.
MINH C LE
FIRST CAUSE OF ACTION—Breach of Contract
(number)
ATTACHMENT TO WS Complaint [J Cross - Complaint

(Use a separate cause of action form for each cause of action.)

BC-1.

BC-2,

BC-3,

BC-4.

Plaintiff (name): AS STATED IN PARAGRAPH "1"

alleges that on or about (date): December 14, 2012

a EMR writen [[J orai [(] other (specify):

agreement was made between (name parties to agreement): DEFENDANT AND PLAINTIFF OR PLAINTIFF'S ASSIGNOR
SET FORTH IN EXHIBIT 1

i A copy of the agreement is attached as Exhibit 1, or

[1] The essential terms of the agreement [are stated in Attachment BC-1 [are as follows (specify):

On or about (dates): VARIOUS DATES AFTER THE CONTRACT WERE EXECUTED
defendant breached the agreement by {[] the acts specified in Attachment BC-2
(specify): FAILING TO PAY AS AGREED.

the following acts

Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused
from performing.

Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
(1 as stated in Attachment BC-4 [BE as follows (specify): DAMAGE IN THE AMOUNT OF $16,403.74

BC-5 [BRM Plaintiff is entitled to attorney fees by an agreement or a statute

Cot $s
BIE! according to proof.

BC-6 Other:

Plus costs of suit. Minus any payments made that have not yet been credited, South Dakota laws apply.

Page

Page tet
Font Approved Tor Optional Use = Canis OF Gat Proce § 495.12
oan Approved far Opfonal CAUSE OF ACTION—Breach of Contract TPromade, § 42512

PLO-C-001¢1) (Rev, January 1, 2007]PLD-D-001(2)
‘SHORT TITLE:

CASE NUMBERS
WELLS FARGO BANK, NA. v.
MINH CLE
SECOND CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO | Complaint [1 cross - Complaint

(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): AS STATED IN PARAGRAPH “4“

alleges that defendant (name):

plaintiff [7] other (name):

within the last four years
|] on an open book account for money due.

because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.

within the last.  [_] two years (RE! four years
for money had and received by defendant for the use and benefit of plaintiff.

[1 for work, labor, services and materiats rendered at the special instance and request of defendant
and for which defendant promised to pay plaintif.
[1 the sum of §

[1 the reasonable value.

for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
{| the sum of $16,403.74

(3)

(1 the reasonable value.
for money lent by plaintiff to defendant at defendant's request.

i] for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.

(6) [J other (specify):

(4)
(5)

CC-2. $16,403.74 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest [J according to proof — [] at the rate of
from (date):

Plaintiff is entitled to attorney fees by an agreement or a statute

CS ofs

according to proof

cc-4, (RB Other:

Plus costs of suit. Minus any payments made that have not yet been credited. South Dakota laws apply.

percent per year

CC-3.

Page

Page tot
Form Approved for Oplional Use Ci Code of Gi Procedure, § 425.12
‘iaaiciat Gouresl of Cedtorria CAUSE OF ACTION-—Common Counts ‘weaw courtinfe.ca.gov
PLD.C-001@) (Rev. January 1, 2009]VERIFICATION

I, D. Wilson Jordan, Esq., declare:

1. lam an attorney at law admitted to practice before all courts of the State of
California, and have my office in San Diego County, California; and am the attorney for
Plaintiff in the above-entitled action.

2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent
from the county in which | have my office, and for that reason, affiant makes this
verification on Plaintiffs behalf.

3. | have read the foregoing Complaint. The allegations pertaining to venue and the
nature of the action are true. All other allegations are true based on information and
belief.

| declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this Verification was executed on
23 , at Carlsbad, California.

*D. Wilson Jordan, Esq.

VIA FAXTo our California customers who have discussed credit card terms and conditions with us in Spi

CONSUMER CREDIT CARD
CUSTOMER AGREEMENT &
DISCLOSURE STATEMENT

visa®

rs: “ 2 ne
anish, Chinese,

Korean, Vietnamese, or Tagalog:
Read Section 34 about interpreter certification before you activate your credit card.

Lea la Seccién 34 sobre certificacién de intérprete antes de activar su tarjeta de crédito.
PAUMEA AEE CORI 34 GA " AURERRBES

Het2| ABIES BISstA|7| Hol] SAH AF Ol Bl Bt 34BS BSA|7| WERPLCH.

Hay doc Phan 34 vé xdc nh&n théng dich vién truéc khi quy vi kich hoat thé tin dung cua minh.

Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo i-activate ang
iyong credit card.

(2) Definitions

Annual Percentage Rate
(APR)

A rate, shown as a percentage, used to calculate interest on the balance
on your Account.

Billing Cycle or
Billing Period

The time period between billing statements. Each billing statement shows|
a statement closing date which is the last day of the Billing Cycle.

Balance Transfer

The transfer of a balance from another credit account to your Account,
including the use of a check that accesses your Account.

Card

Any cards we issue to you or any devices we allow you use to access credit|
on your Account,

Cash Advance

Use of your Card to get cash. Examples include using your card for cash
advances through an ATM, bank teller or Wells Fargo Online, Overdraft|
Protection advances, balance transfers, or cash-like purchases such as|
money orders, wire transfers, traveler checks, foreign currency, lottery|
tickets, casino chips, off-track wagers, other wagers, vouchers redeemable|
for cash or similar items.

Credit Access Device

A device, other than your Card, like SUPERCHECKS™ and mobile devices,
that we allow you to use to access credit on your Account.

Important Terms of Your
Credit Card Account

A summary of your Account's APRs, fees and other important information.

New Balance

‘The total amount you owe as of a statement closing date.

Page 1 of 12

EXHIBIT 1Outstanding Balance The sum of all unpaid amounts, including Purchases, Cash Advances,
balance transfers, interest, fees and any other amounts that you may owel

us.
Payment Due Date The date the Minimum Payment is due. It will be at least 25 days from the

statement closing date and will be provided on your billing statement.
Purchase Use of your Account to buy or lease goods or services. Cash Advances,

Balance Transfers and cash-like transactions are not Purchases, Tax
payments and associated fees are Purchases.

Credit. Limit This is the amount that is available for your use.
We, Us, and Our Wells Fargo Bank, N.A.
You and Your ‘The Account holder(s) who opened the Account.

(3) Contacting You. You agree that we have your consent to contact you at any phone number, email
address, or mailing address you provide for any Wells Fargo account or at any number that you call us from
or at any number that we obtain by other means. Your consent allows us and any companies working on
our behalf to service your account, to use any means to contact you including: automated dialing devices,
prerecorded/artificial voice messages, mail, e-mail, text messages, push notifications, and calls to your cell
phone, or any other data or voice transmission technology. You are responsible for any service provider
charges you may incur as a result of us contacting you by any means, whether such charges are related
to text, data, equipment or other plans. You will promptly notify us if you change any contact information,
including your name, mailing address, e-mail addresses, or phone numbers. If you have a joint Account, a
notice to one of you will serve as a notice to both of you. We may use voice recognition technology to verify
your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor
and record any calls between you and us.

(4) Using Your Account. You may use your consumer credit card Account for Purchases, Balance Transfers,
Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal,
family, or household purposes. We reserve the right to deny transactions or authorizations from merchants
who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to
accept your Card or any other Credit Access Device. We may decline any transaction at any time. Your credit
card may not be used to make a payment on any other Wells Fargo credit account.

Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency. The ATM
owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part
of the total Cash Advance amount.

Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked
Wells Fargo checking account, we will advance the greater of
e the amount of your overdraft; or
° $25.00

Except if
¢ the amount of available credit on your Card is less than the amount of the overdraft or less than $25.00,

we will then advance the amount of available credit.

The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit

Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed

your credit limit. If there is more than one person listed on the checking account (such as a joint checking

account) that you have linked for overdraft protection, then:

¢ You will be responsible for all overdraft protection advances regardless of which person writes the check
or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and

e You agree to allow us to disclose to any other person on your checking account, that this Card is linked
to your checking account for overdraft protection. .

We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any

reason.

Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on
a deposit account. SUPERCHECKS checks will post as a balance transfer only when they are included with a

Page 2 of 12

EXHIBIT 1Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as
a Cash Advance. They will include transaction fees and interest.

Some restrictions. apply to SUPERCHECKS:

e They may not be written as payment on any Wells Fargo account,

© They may be used only by the person whose name is printed on the check.

e They must be written in U.S. dollars.

e They cannot be certified.

© You cannot file a claim against the bank when you have a dispute with a merchant about payment for
property or services that you paid for using a SUPERCHECKS check.

e We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and
return unpaid any SUPERCHECKS check or advance at our discretion,

Third Party/Mobile Devices.

You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet
or other electronic device, such as, through a mobile wallet, which could be used for purchases or other
transactions without presenting the card. Any such Transactions are covered by this Agreement. We have
no control over the device and cannot guarantee the performance of the device.

Additionally:

° You should protect the security of the device the same as your credit card or other valuable information.

° There may be third party fees related to the transaction such as mobile carrier data or messaging charges.

° We may, at any time, partially or fully restrict your ability to make credit transactions through a third
party/mobile device. You agree to notify us promptly if you remove or want to remove your Account
information from any third party/mobile device.

(5) Authorized Users. If you wish to have an additional Card issued in another person's name, please
contact us and we will send you a Card with the name of the authorized person embossed on the front of the
Card. You are responsible for payment of the entire amount owed to us, including any Purchases, balance
transfers or Cash Advances (and all related interest and fees) made by the authorized person.

Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account,

you must:

e Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges
made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel all
Cards and establish a new Account for you.

e You must notify us of your request by contacting us at the number on the back of your Card or by mail
at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA 50306,

In general, an authorized person is not obligated on this Account and is not liable for any Outstanding

Balance or any other charges made by you or by any other authorized person. In the event of the death

of all fully liable cardholders, authorized users' privilege ends automatically. After that, if any person uses

the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the
person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify
each authorized person that they are subject to all applicable sections of this Agreement.

Information about Authorized Users. You agree to give us certain personal information about each
Authorized User. You must have permission from each Authorized User allowing you to give us that personal
information. This may include name, address, social security number, date of birth and citizenship.

(6) Lost or Stolen Cards and Liability for Unauthorized Use. You must notify us immediately if your
Card or account information is lost or stolen, or if you believe it's being used without your permission. You
may contact us by phone at 800-642-4720 or in writing at Wells Fargo Card Services, PO Box 10347, Des
Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you
not responsible, you will not be held liable for the unauthorized use of your Account.

Page 3 of 12

EXHIBIT 1(7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total
amount of the Purchases, Cash Advances, and balance transfers, plus. all interest, fees and other amounts
that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until
you pay the Account in full.

(8) Credit Limit. We may assign the following limits to your Account:

Cash Advance Limit. We may restrict the amount of your credit limit that can be used for Cash Advances.
Your total credit limit will be provided with your Credit Card and shows on each of your billing statements.
You promise to use your Account only to the limits. If you exceed your total credit limit, we may allow the
transaction without increasing your total credit limit or deny the transaction. If we allow the transaction, we
may treat that over limit amount as due with the minimum payment on your next statement. If you exceed
the limits, you will still remain liable for all credit you receive. We can adjust your credit limit at any time,
including automatic credit line increases for those who qualify.

(9) Authorizations. We don't guarantee approval of transactions. We reserve the right to deny transactions
for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any
indication of increased risk related to the transaction. We also may limit the number of authorizations we
allow during a period of time.

Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may
result in temporary authorizations for amounts greater than the actual Purchase amount: This will make
less credit available on your Account for several days, usually until the date the actual Purchase amount is
received from the merchant.

If you give your credit card information to a merchant to bill your account for recurring payments, or to keep
it on file for future purchases or payments, and your card number, expiration date, or security code changes,
you should notify the merchant with your new card information. Some card networks provide update services
and receive updated card information from Wells Fargo. Merchants that participate in such services will
receive updated card information from the network for credit cards that you have provided to the merchant
for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card
information when your card information changes. You should always provide each merchant with your new
card information because some merchants do not subscribe to such network services,

Changes To This. Agreement: 2

(10) Change in Terms. We may change this Agreement at any time. These changes may apply to existing

and future balances. We will give you advance written notice of the changes and a right to reject the changes

if required by law. We may require you to close your Account or take other actions if you reject the changes.

Fees.And Interest.” : Trent! Ne Rae os uri :

(11) Fees. The following fees may apply to your account. If they do apply, you will find the amount in the

Important Terms of Your Credit Card Account. You agree to pay any fees that apply.

e Annual Fee. If your account has an annual fee it will be charged each year your account is open. The
annual fee will not be billed after your Account is closed.

e Balance Transfer Fee. This fee may be charged on a balance transfer transaction,

° Cash Advance Fee. This fee may be charged on a Cash Advance from your Account.

° Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to
the checking account linked to your Credit Card Account by you.

¢ Foreign Currency Conversion Fee. If you make a transaction ina foreign currency, Visa will convert it into
a U.S. dollar amount. A foreign currency conversion fee may be charged when this is done.

e Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by
the Payment Due Date.

e Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed
the first time or is returned unpaid.

Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance,
except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance
on your Account.

Page 4 of 12

EXHIBIT 1(42) Foreign Currency Transactions.

If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa International
"Visa" will convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency
and the billing currency used for processing international transactions is either (a) a rate selected by Visa
from the range of rates available in wholesale currency markets for the applicable central processing date,
which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for
the applicable central processing date. The currency conversion rate for the processing date may differ from
the rate in effect'on the date of the transaction or the date the transaction is posted to your Account.

Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having
Card transactions converted to U.S. dollars by Visa, as described above, or by the merchant itself. If the
latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the
transaction, and no foreign currency conversion fee is charged by the bank for the transaction.

(13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The
Important Terms of Your Credit Card Account list the APRs that apply to different types of balances.

Introductory Rates. Your account may be eligible for introductory rates. This would be described in the
Important Terms of Your Credit Card Account. If you are offered a promotional rate after your account is
opened, the terms will be provided at that time. After any introductory or promotional rates expire, the
remaining balances will be subject to the applicable Standard or Standard Variable APR terms.

How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary
based on the U.S. Prime Rate plus the applicable "Margin". See the Important Terms of Your Credit Card
Account for the "Margin" on Purchases, balance transfers, Cash Advances, and overdraft protection advances,
and daily periodic rates that apply to your Account. For.each Billing Period, we use the U.S. Prime Rate or the
average of the U.S. Prime Rates (if there is more than one) published in the "Money Rates" column of The
Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate
is no Jonger published or is not available, we may select a similar index. A change in the APR may increase
or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due
to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first
day of your Billing Cycle. The APR will continue to vary even if your Account is closed.

Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the
market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time
in accordance with the Change In Terms information described in section 10, The rates that apply to your
account are listed in the Important Terms of Your Credit Card Account,

Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365.

(14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important
Terms of Your Credit Card Account for the applicable charge.

(15) When we Charge Interest. For most transactions, interest will be charged beginning on the date a
transaction is made on your account. We charge interest on a fee beginning on the first day of the Billing
Cycle following the Billing Cycle in which the fee posted to your Account.

(16) Here's how and when specific Transactions, fees and credits are applied:

° We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date
shown on your statement.

e Weadd Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement.

° We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown
on your statement.

e We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your
statement.

e Weadd the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction
date shown on your statement.

Page 5 of 12

EXHIBIT 1(17) How we Calculate Interest. We begin by calculating the daily balance of each Transaction category.
Next we calculate the Average Daily Balance (ADB). Finally, we calculate the interest. See each section below
for details.
1) Calculating the daily balance: the daily balance is calculated separately for each Transaction
category. We start with the daily balance from the end of the previous day. We add in any new
Transactions and other charges, including interest accrued on the previous day's balance. This means
interest is compounded daily. We then subtract any payments or credits.

Example for the Purchase Transaction category:

Daily balance for purchases from the previous day

+ New purchases

+ Fees and interest accrued on the previous day's Transaction category balance
- Payments, credits and adjustments that posted that day

= New daily balance for Purchases

2) Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing
Cycle starting with the beginning balance of the first day of the Billing Cycle. This beginning balance will
include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current
Billing Cycle. Any daily balance that is a credit balance is treated as zero. We divide this amount by
the number of days in the Billing Cycle.

ADB = sum of daily balances + number of days in the Billing Cycle

3) Interest Calculation: we calculate the interest charge for each type of balance by applying the
daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle.

Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle

(18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by
the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance
Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on
your billing statement.

Billing Statements And Payments

(19) Billing Statements. If you havea balance o on your “account you will receive a billing statement. Your
billing statement will show your Minimum Payment due and the Payment Due Date.
(20) Payments. You may pay all or part of your Account balance at any time, but you must pay the
Minimum Payment, disclosed on your billing statement, by the Payment Due Date.
Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of

1. Fees and interest billed during the Billing Cycle plus 1% of the New Balance; or

2. $15.00 (or the entire balance on the Account if the New Balance is less than $15.00).

We require you to pay any amount over the limit on your credit card account. However, that amount is not
included in your Minimum Payment Due.

This is rounded-up to the next highest whole dollar amount. Credits will not be used to meet the Minimum
Payment.

Payment Instructions. Follow these instructions when making a payment:
1. You must pay in U.S. dollars.

2, Payment must be made with a personal check, money order or cashier's check and must be issued
by a bank in the United States,

3. Electronic payments are accepted.

Page 6 of 12

EXHIBIT 14, Do not mail cash.
If you mail your payment, please mail to the payment address provided on your billing statement using
the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the location your payment
is mailed to will be credited as of the date of receipt. If received after 5:00 p.m. they will be credited on
the following day. Payments made through Wells Fargo Online Banking at wellsfargo.com will be credited
based on the cutoff time disclosed at the time of the transaction. If you do not follow these instructions your
payment may not be credited for up to five days after we receive it.

Checks or other paper documents may be converted to an electronic transaction through procedures
established by the National Automated Clearing House Association. In this case, the original check or other
document that you send to us will not be retained, but a copy would be available if requested.

Some of your available line of credit may be held, at our discretion, until your payment is honored.

You cannot pay this account using another Wells Fargo Bank, N.A. credit or loan account or any Wells Fargo
affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment
on this Account.

Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before
balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum Payment will
be applied to balances with higher APRs first before balances with lower ones.

We post payments to the Billing Cycle within which they are received. Any payment in excess of the Minimum
Payment due is applied based on the balances reflected on your last billing statement.

Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding
Balance, payments must be sent to: Wells Fargo, P.O. Box 10311, Des Moines, IA. 50306-0311. Please note
that if we accept such payments we have every right to pursue full payment.
oe fant

(21) Default / Immediate Repayment of Balance
require immediate payment of your total Account if:

e You fail to pay a Minimum Payment by the Payment Due Date;

e Any payment is returned;

e® You don't honor the terms of this Agreement;

e You made an untrue statement on your application; OR

* You file for bankruptcy. ‘

If this is a joint Account, a default by one of you will be a default by all of you.

Full. Your Account will be in default, and we may |

We may prevent further transactions and we may close your Account and other Wells Fargo Accounts. If
your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in
enforcing our rights under this agreement.

(22) Re-Verification of Credit Information. We can review any information you provided on your credit
application at any time. This may include:

e Requesting credit bureau reports;

* Verifying your current credit standing;

e Verifying your employment, assets and income records.

(23) California Residents. We may also obtain information at any time from the California Department of

Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle
Code (Section 1808.21).

This waiver may not apply to you if you are on active duty military service (including active guard or reserve
service) or you are a spouse or dependent of a person who is on such active duty military service. Please

see the Important Statement Concerning Active Duty Military Service section in the Agreement for more
information.

Page 7 of 12

EXHIBIT 1(24) Cancellation. We may close your Account at any time and for any reason. You may also close the
Account at any time. If that happens, you must still repay the balance owed according to the terms of this
Agreement. Joint Accounts may be canceled by either Account Hoider. If we close the account, notice may
be provided to only one Account Holder.

(25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable,
all other provisions of the Agreement will remain in effect.

(26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A
court decree for divorce or separation or an out-of-court mutual agreement does not affect any of our rights
to enforce this Agreement.

(27) Phone Monitoring. We may monitor and record any of your phone calls with us.

(28) Information Reporting. We may report information about you to consumer reporting agencies. The
information that we report to consumer reporting agencies may include:

e Account history;

e Account performance;

Account status;

Any violations of your account; and

Any violations of the terms of this Agreement.

The same information may be reported to the consumer reporting agencies for any additional card holders.
You may dispute the accuracy of the information that we report to consumer reporting agencies by writing
to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box 14517, Des Moines, IA 50306-3517. Please

describe the information in detail that you believe is inaccurate and provide any supporting documents with
your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report.

(29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement
to a third party. You may not assign your Account or any of your obligations under the Agreement.

(30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account.

ooo

Arbitration

(31) Dispute Resolution Program: Arbitration Agreement.
a, Binding Arbitration. You and Wells Fargo Bank, N.A. (the "Bank") agree that if a Dispute arises
between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved
by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an
arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its
consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. It
includes any disagreement relating in any way to the Card or related services, Accounts, or matters;
to your use of any of the Bank’s banking locations or facilities; or to any means you may use to access
the Bank. It includes claims based on broken promises or contracts, torts, or other wrongful actions. It
also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements
about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall
survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND
THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A
PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the
right to pursue in smail claims court any Dispute that is within that court's jurisdiction. If either you
or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears

all costs and expenses incurred by the other in compelling arbitration.

b. Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding
arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously
commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY
ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO
ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall

Page 8 of 12

EXHIBIT 14be administered by the American Arbitration Association (AAA), or such other administrator as you
and the Bank may mutually agree ‘to (the AAA or such other mutually agreeable administrator to be
referred to hereinafter as the "Arbitration Administrator"), according to the Commercial Arbitration
Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). To the extent
that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration
Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held,
with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator
or other party to an arbitration proceeding may disclose the existence, content, or results thereof,
except for disclosures of information by a party required in the ordinary course of its business or
by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1)
The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration
Agreement and any resulting arbitration are governed. by the provisions of the Federal Arbitration
Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable,
unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this
Arbitration Agreement dealing with class action, class arbitration, private attorney general action,
other representative action, joinder, or consolidation is found to be illegal or unenforceable, that
invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable.

c. Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any
lawful rights or using other available remedies to preserve, foreclose, or obtain possession of
real or personal property; exercise self-help remedies, including setoff and repossession rights; or
obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the
appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable
to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration
Agreement shail survive termination, amendment, or expiration of the Card or any other relationship
between you-and the Bank.

d. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures
of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration
Administrator to determine the fees applicable to any arbitration you may file. If the applicable law
of the state in which you opened your Account limits the amount of fees and expenses to be paid by
you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent
with applicable law, each of us shall bear the expense Of our own attorney, expert and witness fees,
regardless of which of us prevails in the arbitration.

e. Active Duty Military Service. If you are on active duty military service (including active guard or
reserve service) or you are a spouse or dependent of a person who is on such active duty military
service, then the above Arbitration Agreement may not apply to you. Please see Important Statement
Concerning Active Duty Military Service in this Agreement for more information.

Your. Billing Rig ee

Keep This Notice For Future Use. This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act. .

(32) What To Do If You Find a Mistake on Your Statement. If you think there is an error on your
statement, write to us at:

Wells Fargo Card Services
P.O, Box 522
Des Moines, IA 50306-0522
In your letter, give us the following information:
e Your name and Account number;
e The date and dollar amount of the suspected error.
© If you think there is an error on your bill, describe what you believe is wrong and why you believe it
is a mistake.
You must contact us:
Page 9 of 12

EXHIBIT 12 Within 60 days after the error appeared on your statement.

e At least 3 business days before an automated payment is scheduled, if you want to stop payment on
the amount you think is wrong.

You must notify us of any potential errors in writing at the address above. You may notify using other ways

(including telephone), but if you do we are n