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  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
  • WELLS FARGO BANK NA Vs. MARK A FREEMAN CONTRACTS AND INDEBTEDNESS - COUNTY document preview
						
                                

Preview

Filing # 64176257 E-Filed 11/14/2017 03:03:29 PM IN THE COUNTY COURT OF THE 6TH HIDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA WELLS FARGO BANK, NA. Plaintiff, vs. MARK A FREEMAN Defendant(s), I CASE NO.: 17-001662-(20 AFFIDAVIT OF AMOUNT DUE STATE OF IOWA ) COUNTY OF DALLAS ) BEFORE ME thisday parsonally appeared Affiant who, first being duly sworn, deposes on personal knowledge and says: 1. Afflant isover the age of 18 and competent as to the maltcrg contained herein. to testify Affiant is a Loan Adjuster, WELLS FARGO BANK, N.A., (“title”), for (hereinafter “Welis Fargo”), who isthe creditor in this credit card transaction. 5x) Affiant is authorized to make this Affidavit on behalf of the Piaintiff.In theregular performance of my job functions, lhavc access to business records maintained by Wells Fargo for the purpose of servicing itscredit card portfolio.These records are made at 01‘ near the time by, or from information provided or transmitted by, persons with knowledge of the activityconducted reguiarly by Wells Fargo. the reguiar practice It is of Weils Fargo’s credit card businesses tomake these records. In connection with making have acquired personal knowledge of the matters stated herein by this affidavit, I personally examining these business records. Copies of the applicablé Credit Card Account Agreement and lastproduced statement are attached and incorporated herein as Composite Exhibit “A.” 3. The Borrower has defaulted under the terms of the credit card agreement, the default has ' 1mm 652420 Gas: No.: Page. I ***ELECTRONICALLY FILED 11/14/2017 03:03:29 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** not been cured, and the baiance has been accelerated making the balance due and era-tire owing in accordance with the terms of the credit card agreement. The Plaintfiff is owed sum of $8,551.75. the total principal 4. Plaintiff has agreed topay itsattorneys a reasonable fee for servicas rendered in the above-styled litigation. 5. That Plaintiff has not received any of said funds from Defenclant(s), MARK A FREEMAN, to date. 6. Defendant(s) is/are not in the niflitary service of the United States of America nor in that of any of its and allies, and 'priviiegcs provided under the is/are not entitled to the rights Soldiers and Sailors Civil Relief Act of 1940, as amended. FURTHER AFFIANT pm SAYETI-I NAUGHT. Dated: ‘l/IO/90i7 BY: Signature of Affiant L“! (—L- 0 Sec 16%» Printed Name of Affiant WW 80mm PUBLIC WMM Sworn and subscribed to me this :0“ day of .Ngym, 2011. Personally known 23 OR Produced Identification Type of Identification Produced M JARRAD M EMAMIAN §‘” "9 Commission Number 800116 * ‘ h My Commission Expires October 31, 2019 Case ”0.:17'001662*CG Page 2 CONSUMER CREDIT CARD CflSTOMER AGREEMENT 8: DISCLOSURE STATEMENT VISA SIGNATU RE® timers WEB-'Héve Eric": our-”(2231: dfhia cus Iscussed are I card terms an can IIons W] h us in Spanish, C mese, Korean, Vietnamese, 01‘ Tagalog: Read Section 33 about interpreter certification before you activate your credit card. Antes de activar su tarjeta de crédito, lea la seccién 33 con respecto a una certificacién importante. Efifflfiitfififi'EZfiEi‘flfig’fi: 33 fififl’] Ffififififiifiu J ° E-RMEVM-ES'EMR‘UIAEMHII’IHOHM'M330||2~19J?J001|1¥"3§%fl“-3M§aEEMME. Quan trong: Xin doc Muc 33 dé bié’t tin tL'rcquan trongv écht’rng nhén khi trtIc'ic quy vi hieu lac hoa thé tl’ndung cua m‘mh. Mahalaga: Pakibasa ang Bahagi 33 para sa mahalagang katébayan bago ninyo -activate i- ang Enyong credit card. (1) Agreement. This Credit Card Agreement ("Agreement") covers the use of your credit card account ("Account") with us. It includes the Important Terms of Your Credit Card Account on the enclosed letter or the document that accompanies your Card, as well as any subsequent disctosures, alt of which are incorporated here by reference. You accept the terms of this Agreement by using or activating your Account. If you have a joint Account, each of you is bound by this Agreement. Please read this Agreement carefufiy and save it for future reference. (2) Parties to this Agreement. This Agreement is made between Wells Fargo Bank, N.A., PO. Box 10347, Des Moines, IA 50306 (“we", "us", and "our") and each Account hoider, whether primary or joint ("you" and "your"). (3) Definitions APR An Annual Percentage Rate (APR). Billing Cycle or The interval between billing statements. Each billing statement shows a Billing Period ciosing date. The statement closing date is the last day of the Billing Cycie for that biEling statement. Card Any credit card we issue to use your Account, Cash Obtaining cash or funds using your Account by: Advance . presenting your Card at a bank that accepts Visa; . using your Card with your Card Personai Identification Number (PIN) to obtain cash from any Automated Telier Machine (ATM) which displays any of the logos appearing on your Card; - using any Welis Fargo debit card linked to your Account to obtain cash from any ATM which displays any of the logos appearing on your Weils Fargo debit card; Page 1 of 13 Mai - using the Wells Fargo Oniine Banking® service for transactions other than those disciosed as baiance transfers; . using our Customer Service department for transactions other than those disclosed as balance transfers; 0 taking overdraft protection advances; - using SUPERCHECKSTM checks that are issued in connection with this Account, (unless provided by us in connection with a baiance transfer offer); or . buying cash equivalents 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, (such as SUPERCHECKSTM checks, baiance transfer checks) we allow you to use to access credit on your Account. Important Terms of Your A summary of your Account's APRs, fees and other important information. Credit Card Account New Balance The Outstanding Baiance as of a statement closing date. Outstanding Baiance The sum of ail unpaid amounts, including Purchases, Cash Advances, balance transfers, interest, fees and any other amounts that you may owe us. Payment The date the Minimum Payment is due to us. The Payment Due Date wilt Due Date be at ieast 25 days from the statement closing date. it is shown on your billing statement. Purchase The use of your Account to: 0 buy or lease goods or services; 0 make any transaction that is not a Cash Advance, batance transfer, or other type of transaction we may identify. Other terms are defined in the Agreement below. (4) Contacting Us. Unless stated otherwise in this Agreement, you may contact us at the phone number or address shown on your biiiing statement. (5) Contacting You. By providing us with any teEephone number, you are expressty consenting permission to contact you at that number about all of your'Welis Fargo accounts. You give consent to allow us to contact your past, present and future phone service providers to verify the information you have provided against their records. You agree that your phone service providers may verify any phone numbers you have supplied to the name, address, and status on their records. For us to service your Account or to collect any amounts you may owe, you agree that we may contact you using any contact information related to your Account inciuding any number (i) you have provided to us (ii) from which you called us, or (iii) which we obtained and reasonabiy beiieve we can reach you. We may use any means to contact you and this may include contact from companies working on our behalf to service your accounts. This may include automated dialing devices, prerecorded/artificial voice messages, mail, e—maiE, text messages, and calis to your cell phone or Voice over Internet Protocol (V01?) service, or any other data or voice transmission technoiogy. You are responsible for any service provider charges as a result of us contacting you. You agree to promptly notify us if you change any contact information you provide to us. This includes your name, mailing address, e-mafl addresses, or phone numbers. If you have a joint Account, a notice to one of you wiEI serve as a notice to both of you. (6) Using Your Account. This is a consumer credit card Account which you may use for Purchases, balance transfers, Cash Advances and any other transactions we alfow you to comptete. You promise that you will use your Account only for iawful personal, famfiy, or household purposes. We reserve the right to deny transactions or authorizations from merchants apparently engaging in the internet gambling business or identifying themseives through the Card transaction record or otherwise as engaged in such business. We are not responsible if anyone does not aEiow you to use your Account or refuses to accept any other Credit Access Device. We may decline any transaction at any time. . Purchases. You may use your Account for Purchases. Tax payments (including any fees charged by an associated agency) are Purchases. Page 2 of 13 . Balance Transfers. You may use your Account for balance transfers. The appiicable APR and balance transfer fees are listed in the Important Terms of Your Credit Ca rd Account or with the balance transfer offer or check you receive. There isno grace period on baiance transfers. We begin charging interest on baiance transfers on the date the balance transfer is posted to your Account. - Cash Advances. You may use your Account for Cash Advances. The applicabie APR and Cash Advance fees are listed in the Important Terms of Your Credit Card Account. We may Hmit your total Cash Advances to a portion of your totai revolving line of credit. There is no grace period on Cash Advances. We begin charging interest on Cash Advances on the date the Cash Advance is posted to your Account. Cash Advances from ATMS may be iimited by amount or frequency: e A total daiiy withdrawal limit of $500; o A maximum limit of $500 for any single ATM withdrawal; . No more than five ATM withdrawals per day; and The ATM owner may impose more restrictive limits. If the ATM owner charges a surcharge or convenience fee for withdrawing cash, the amount of that fee win be included as part of the totai Cash Advance amount. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. We determine the overdraft advance amount as foilows: . We will advance the exact dollar amount to cover the overdraft, subject to a minimum overdraft protection advance amount of $25.00. If the amount of available credit on your Card is less than the amount of the overdraft or iess than the $25.00 minimum, we will stiiladvance the available amount. The applicabie APR and transaCtion fee that apply to overdraft protection advances are Eisted in the Important Terms of Your Credit Card Account. Overdraft protection advances, and applicabte interest and fees, may cause your Account balance to exceed your revoiving line of credit. If‘there is more than one person iisted on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: . You will be responsibie for atl 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 0 You agree to alEow us to disclose to any other person on your checking account, that this Card is linked to your checking account for qverdraft protection. We reserve the right to cancel, suspend, or change the terms or conditions of your overdraft protection service at any time, for any reason. Credit Access Devices. You may access credit on your Account by using your Card, or another Credit Access Device (such as SUPERCHECKSTM or baiance transfer checks). SUPERCHECKS are checks you can use to access your Account ina manner simiiar to writing a check on a deposit account. Except as otherwise stated below, when we receive a SUPERCHECKS check, we wilt pay it by advancing the amount from your credit card Account. SUPERCHECKSTM checks wilf post as a balance transfer if provided by us in connection with a balance transfer offer; otherwise they willpost as a Cash Advance. They are subject to the related transaction fees and interest. . You may not write a- SUPERCHECKS check as payment on your Account. . Only the person whose name is printed on a SUPERCHECKS check may use it. . Ail SUPERCHECKS checks must be written in US. dollars. 0 We wilt not certify SUPERCHECKS checks. 0 If you have a dispute which you are unable to resoive with a merchant about payment for property or services that you paid for using a SUPERCHECKS check, you wili not be allowed to file a claim against the bank to reimburse you for this transaction. 0 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. We may provide other Credit Access Devices which may be used to access your Account. The applicabie interest and fee terms wiEl be disciosed to you prior to your use of the Credit Access Device. Page 3 of 13 - Third Party/Mobile Devices. We may also permit you or any authorized user to load information about your Account onto third party/mobile devices (such as a smartphone, tablet, or any other handheld or wearable communication device that aliows you to store or electronicaliy present your Account information) that would enabie you to make Purchases or engage in credit transactions for your Account without needing to show your credit card. You and we agree that any such use of your Account wilf be subject to all the terms and conditions contained in this Agreement. To the extent you do use a third party/mobile device to make a credit transaction on your Account, or and information about your Account onto any such device, you need to be aware that we do not control the device and cannot guarantee the performance of either the device or any third party. Additionally: a You agree to carefuily protect the security of any devices the same as you would your cash, checks, credit cards and other valuable information. We encourage you to password protect or lock your' device to help prevent an unauthorized person from using it.You agree to promptiy report any loss or theft to both us and the third party. . You may incur third party fees related to engaging in a transaction (such as mobiie carrier data or messaging charges). 0 Credit transactions made through a third party/mobile device may involve the eiectronic transmission of information related to you or your Account across wireEess or computer networks. Third parties, such as merchants, card association networks, mobile carriers, mobile waflet operators, and software application providers may use and receive information in connection with a credit transaction. Third parties may also receive information about your mobiie device when you use itto make a credit transaction. _ . 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/mobiie device. (7) Authorized Users. If you wish to have an additionai Card issued in another person‘s name, piease contact us and we wiEI send you a Card with the name of the authorized person embossed on the front of the Card. You are responsibfe 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. 0 Ending Authorized User Privileges. If you want to end an authorized user's priviiege to use your Account, before we can process the request, you must: a Recover and destroy that person's Card. If you do not recover and destroy the Card, you will continue to be liable for any charges made after you advised us of your wish to cancei the privileges, uniess you teEI us to cancel ailCards and estabiish a new Account for you. . 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. Each authorized person's privilege ends automatically upon the death of ail fully liable cardholders. 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 aEi appiicable sections of this Agreement. (8) Lost or Stolen Cards and Liability for Unauthorized Use. You agree to notify us immediately, if your Card is lost or stolen or if you believe your Account is being used without your permission. You may contact us oralty or in writing at 1—800—642—4720 or 13.0. Box 1034)“, Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this, you wil! not be held liable for the unauthorized use of your Account. (9) Promise to Pay. When you use your Account or Eet someone else use it,you promise to pay the totaE amount of the Purchases, Cash Advances, and balance transfers, plus all interest, fees and other amounts that you may owe us. We may Eimit or close your Account, but the terms of this Agreement wiIE apply until you pay the Account inME. Page 4 of 13 (10) Revolving Line of Credit. We may assign the following limits to your Account: . Revolving Line Of Credit Limit. This is the amount of credit we will extend to your Account. a Cash Advance Limit. This is a portion of the revolving line of credit that is availabie for Cash Advances. Your totai revolving line of credit is shown on the document that accompanies your Card and on each of your biilingstatements. You promise to use your Account onEy to the limits. If you exceed your totaE revoiving line of credit, we may authorize the transaction without increasing your total revolving line of credit (we may treat that amount as immediately due), or deny the authorization, If you exceed the limits, you will still remain liabie for all credit you receive. We can-adjust your revoiving line of credit at any time. (11) Authorizations. We may iimit the number of authorizations we will ailow during a period of time. We reserve the right to deny certain transactions for any reason, inciuding default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. For security reasons, we cannot explain the details of how the authorization system works. You agree that we wiil not be liabie for failing to give an authorization. If the authorization is denied, we may notify the person who attempted the transaction that ithas been refused. 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, which wiil make less credit available on your Account for several days (usually until the date the actua! Purchase amount isreceived from the merchant). (12) 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 a n. We may require you to close your Account or take other actions if you reject the changes. (13) Fees. You agree to pay the following fees. You will find the fee amounts in the Important Terms of Your Credit Card Account. . Annual Fee. This fee may be charged Efapplicabie. If your Account has an annual fee, you are responsible for paying it every year while YOUI Account is open. The annuai fee will not continue to be bilied after your Account isclosed. . Balance Transfer Fee. This fee may be charged if you engage in a balance transfer transaction. 0 Cash Advance Fee. This fee may be charged when a Cash Advance is posted to your Account. ¢ Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount isadvanced to the checking account iinked by you to your Account. . Foreign Currency Conversion Fee. This fee may be charged on each Purchase transaction converted into a US. doilar amount by Visa. . Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. . 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 wilt be added to the Purchases balance, except Cash Advance fees which will be added to the Cash Advance baiance on your Account. (14) Foreign Currency Transactions. . Visa. If you make a transaction in a currency other than US. doliars using a Visa Card, then Visa International ”Visa" will convert the charge into a 13.5. dollar amount. The exchange rate between the transaction currency and the biiling currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates avaiiable in whoiesale 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 U5. doliars by Visa, as described above, or by the merchant itself. Page 5 of 13 If the latter option is chosen, the currency conversion rate isdetermined 50!er by the merchant involved in the transaction, and no foreign currency conversion fee ischarged by the bank for the transaction. (15) Rates. This is how we calculate interest rates that apply to your AccOunt. The Important Terms of Your Credit Card Account indicate the Standard and/or Standard Variabie APRs as applicable to the different types of baiances on your Account. The document that accompanies your Card also states the calculated daiiy periodic rates that appEy to your Account. 0 Introductory / Promotional APRs. If your Account is eligible for one or more introductory rates, the Important Terms of Your Credit Card Account describe the duration, the transactions to which the introductory rates apply, the introductory daiiy periodic rates, and the corresponding APRS appiicabfe to your Account as of the date your Account opened. If a promotionat rate is offered after your Account is open, the terms applicable to that promotionai APR will be provided at that time. After the introductory rates or any other promotional rates expire, the remaining balances wHE be subject to the applicable Standard or Standard Variable APR terms. a How We Calculate Your Standard Variable APRs. If your Account is subject to Standard Variable APR, the APR is a variable rate based on the US. Prime Rate plus the applicable "Margin". Unless an introductory or promotionaf APR is in effect, we will add a "Margin" to the U.S. Prime Rate to determine your variable APR. For each Billing Period, we use the US. Prime Rate or the average of the U.S. Prime Rates (ifthere is more than one) published in the ”Money Rates" column of The Wali StreetJournal three business days prior to your statement: cfosing date. If the U.S. Prime Rate is no longer published or is not avaiiabie, we may select a similar index. The Important Terms of Your Credit Card Account dispiays the amount of the "Margin" on Purchases, balance transfers, Cash Advances, and overdraft protection advances, and daify periodic rates that apply to your Account. The APR may increase or decrease if the US. Prime Rate increases or decreases and this will also cause the retated daiiy periodic rate to increase or decrease. An increase or decrease in the APR may increase or decrease the total amount of interest you pay. It may also increase or decrease the Minimum Payment due. If the APR changes due to a change” in the U.S. Prime Rate, the. new APR wili appEy as of the firstday of your Bi!|_ingCycle. Any changes wilf apply to both existing and future batances on your Account. The APR will continue to vary even if your Account is ciosed. . 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 section 12 above‘ Piease refer to the Important Terms of Your Credit Card Account for the Standard APRs and daiEy periodic rates for Purchases, balance transfers, Cash Advances, and overdraft protection advances applicable to your Account. . How We Caiculate Your Daily Periodic Rates. The daiiy periodic rates are calculated by dividing each appiicable APR by 365. (15) Minimum Interest Charge. The Important Terms of Your Credit Card Account disctose the Minimum Interest Charge applicabie to your Account. (17) When We Charge Interest. Unless stated otherwise befow, we begin charging interest on a Purchase, balance transfer, Cash-Advance, other transaction or interest charge on the date the Purchase, balance transfer, Cash Advance, other transaction, or interest charge posts to your Account. We begin charging interest on a fee on the first clay of the Bilfing Cycle following the Billing Cycle in which the fee posts to your Account. However, if a late payment fee isposted to your Account in the current Billing Cycle, but is related to a late payment in the prior Billing Cycle, we win begin charging interest on the fee on the first day of the current Bifling Cycle. (18) Grace Period. You can avoid interest on any portion of a Purchase shown on your current billing statement that you pay by the Payment Due Date if the New Balance shown on your previous biiling statement was zero or was paid in fuil by the previous Payment Due Date. The Payment Due Date will be at ieast 25 days from the statement closing date and is printed on each biliing statement you receive. You cannot avoid interest on Cash Advances or balance transfers. (19) How We Calculate Interest - Average Daily Balance Method (Including New Purchases). The total interest charge is the sum of interest charges for each type of baiance, including any Cash Advance balance or Purchase balance (Enciuding, for purposes of this section, bafance transfers) on your Account. We figure the interest charge for each type of balance on your Account by applying the daiiy periodic rate to the average daiEy baiance ("ADB"). Then, we multiply this amount by the number of days in the Billing Cycle. Page 6 of 13 interest charge = daily periodic rate x ADB x number of days in BiHing Cycie. ADBs for each type of balance are calculated separately starting with beginning balance of the firstday of each BillingCche. The beginning balance on the firstday of the Bifling Cycle is the prior Billing Cycie's ending baiance, which includes any unpaid fees posted to your Account in the prior Billing Cycfe. It aiso includes any late payment fees posted in the current Billing Cycie that are related to a {are payment in the prior Biliing Cycle. To get the ADB for each type of balance, we take the beginning balance each day and add any new Purchases, balance transfers and Cash Advances. Except for the first day of each Billing Cycle, we add interest equal to the previous day's balance multiplied by the daily periodic rate. (This means interest is compounded daity.) Then, we subtract any payments or credits. This gives us the daily balance. Any daily batance that is a credit balance wili be treated as zero. Then, we add up all the daily balances for the Billing Cycle. We divide this amount by the number of days in the Biiling Cycle. This gives us the ADB. ADB = sum of daily balances + number of days in the Bilfing Cycle. fi'il'i‘ (20) Billing Statements. Each month you have a balance, you win receive a biiling statement showing your New Balance. Your billing statement aEso shows the Minimum Payment due, the Payment Due Date and the time of day by which we must receive your payment. (21) Payments. . Minimum Payment. You promise to pay the Minimum Payment due by the Payment Due Date. The amount of your monthly payment wili depend on whether the New Balance shown on your biliing statement is greater or Eess than the revolving fine of credit amount assigned to your Account and whether any payment ispast due. The "Minimum Payment" is calculated by the larger of: o If the New Balance is less than the revolving line of credit amount assigned to your Account, the Minimum Payment is the iargest of the following: 1 The" sum of the fees and interest billed during the Bilfing Cycle for which the Minimum Payment is calculated plus 1% of the New Baiance shown on the bifling statement; 2 2% ofthe New Baiance shown on the billing statement; or 3 $15.00 (or the entire balance on the Account ifthe New Balance is less than $1530) a Ifthe New Balance isgreater than the revolving line of credit amount assigned to yourAccount, the Minimum Payment is the largest of the following: 1 The sum of the fees and interest billed during the Billing Cycle for which the Minimum Payment iscaiculated plus 1% of the New Baiance shown on the biiling statement; 2 if no payment is past due, 2% of the revolving iine of credit amount assigned to the Account plus the amount of the New Balance that exceeds the assigned revolving iine of credit amount; or 3 if any payment is past due, 2% of"the revofving line of credit amount assigned to the Account pEus the amount of the New Balance that exceeds the assigned revolving line of credit amount which is also greater than the amount past due. This is rounded—up to the next highest whote dollar amount, then any past due amount is added. The total is disclosed on the biliing statement as the "Minimum Payment". Credits will not be used to meet the Minimum Payment. In addition, the amount of the New Balance that exceeds the assigned revolving line of credit and any past due amount isdue and payable immediateiy. . Payment Instructions. Follow these instructions when making a payment: 0 Make your payment in US. dollars, but do not send cash. Uniess the payment is made electronically, it must be in the form of a persona! check, money order, or cashier's check and capable of being processed through the Federal Reserve System. Payments must be drawn on a United States bank. If we choose to accept a payment made ina foreign currency, we wili temporarily credit the Account, until the U.S. currency conversion is compiete. We will then reverse the temporary credit and post the US. currency converted amount. . Ifyou choose to make a payment by mail, please maii to the payment address designated on your billing statement using the envelope and the payment coupon enclosed with your biiling statement. Payments received by 5:00 pm. local time at the location to which the payment is mailed, wili be Page 7 of 13 credited as of the date of receipt. Payments ' received after 5:00 p.m., will be credited as of the next day. . If you choose to make a payment online via Welis Fargo Online Banking at weilsfargo.com, the cut- off time for online payments will be disclosed at the time of the transaction. If you do not follow these instructions, or make a payment using a money transfer other than the transfer feature on WelEs Fargo Online Banking, your payment may not receive credit for up to five days after we receive it. Any payment submitted to us in the form of a check or other paper document may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. If this occurs, the original check or other document that you send to us will not be retained, but a copy would be available ifrequested. We may, at our discretion, withhold a portion