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Home My WebLink About1002 ~ ? ~a~~r , 1 Your Billing Rights: Keep This Agreement for Futuie Use. This section contair,s important information about your rights and our respons~b,l~ties under the r Credrt B~Ilu,g Act. Notity Us in Case of Errors or Questions About Your Bill. If you think your bill is wrong, or if you need more info~mation about a transacnon on your bill, ~:±e us on a separate sheet at the address listed on your bill. Write to us as soon as possibla We must hear from you no later than 60 days a(ter we sent ,r~u ~ne first bill on wh~ch tne error or problem appeard. You can telephone us, but doing so will not preserve vour rights. !n your letter, giie us the fo~lowing information: You tVame and account number. The dol~ar amount of the suspected error. Describe the e~ ror and explain, if you can, why , you believe there is an error. If you need information, describe the item you are not sure about. . !f you have authorized us to pay your Eq~ity Creditline statement automatically irom yow checking a.count, you can s~op the payment on any amount think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibitities ARer We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correCt. Aiter we rece~ve your letter, we cannot try to collect any amount your question, or report you as delinquent. We can continue to bill you tor the amcunt ,.~u quest~on, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while :.e are ~nvestigating, but you are still obligated to pay the parts of your bill that are not in question. If we find we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake. .ou n~ay have to pay f~nance charges, and you will have to make up any missed payments on the questioned amount. In either case, we w~ll send you a state- ,~enc of the amount you owe and the date that it is due. If you fail to pay the amount that rve think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write ~o us ~vithin ten days tel!ing us ihat you still refuse to pay, we must tell anyone we report you to that you hove a question about your b~ll. And, we must tell .ou thz name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. if we don't fol~ow these rules, we can't collect the first S50 of the questioned amount even if your bill was correct. Defauh. DefaulI under this Agreement will be determined to exist: lal in the event you (ail to comply fully with any obligation ~nder this ag~eement or ~•,v other obiigation which you may have rvith us from time to time; (b) in the event any information you furnish us proves to be materially incorrect or misleading; c~!n the event the outstanding balance under your line of credit at any time exceeds 7596 of the market value of the collateral, less all liens and encumbrances _:oerior to our lien; idl in the event of your death; or le) in the event that we feel a situation has developed which could adversely affect your ability to repay ~~at you owe. Upor, any such default, our commitment to make further advances shall immediatety terminate. Should any advance under this Agreement be ~~ade by us after term;nat~on, the amount thereof may be charged to your checking account and, to the extent the balance therein is insufficient to support >,;cn charge, may be added to the balance of your line of credit. If you are in default or miss a payment under this or any other obligation to us, or if you viotate of cne terms of this agreement, or if we cancel this agreement for any reason whatsoever, we can declare the entire unpaid balance of yo~r line of credit, ~~,~d~ng accrued finarce charges and late charges, due and payable at once, with or without notice or demand. If your entire balance becomes due for any ~-,ason, our obligation to make add+tional loans to you under this agreement ends. Your obligation to repay amounts you already owe continues and all such .mounts shall then bear interest at the maximum amount permitted by law or 2596 per year, whichever is lesser. In this connection, you waive presentment payment, demand, protest and noti~e of protest and dishonor. Co-Makers; Co-Borrowers. Each of you hgreby appoint each other pe?son on this account as attorney-in-fact with the po~ver to sign and endorse for eachother ~:,cks and other documents: to use any other card or device to obtain funds pursuant to this Agreeme~t, and to receive all notices under th~s Agreement, ~:c~, appointments cannot be revoked so long as this Agreement remains in effect. Any borrower executing this Agreement, after the date of its original execu- agrees to pay and unconditionally guarantees the payment of the total amount owing on the date of his execution of this Agreement, as well as any other . .:~.s due under this Agreement. ~ Irregular Payments. ~Ve may accept late payments, partia! payments, or any checks or money orders marke~ as being payment in full or as being a settle- =~•~c of any dispute ~vithout losing any of our rights under this Agreement or under the law. ~f we accept such payments, this does not mean we agree to •:~~.ge th~s Agreement in any way. Notices; Change of Address or Financial Condition. Notice to you shall be sufficient and effective upon deposit ~n the United States Mail addressed to .c address shown on you~ Equity Creditline application or to any other address you furnish to us in writing. You will immediately deliver written noUCe to ~ o' any adverse change in your financial condition or of any change in your resdential address. Renewal, Canceilation and Amendment. This line of credit is subject to annual rev~ew and will be automatically renewed uniess cancelled. We have the *.o cance! th~s Agreement at any time by notifying you in writing. You have the same right, but you wi!{ remain liable to us for advanced previously made i ,:~c~er ~v~th all appl~cabte finance charges and late charges. If we reduce the amount of credit available to you hereunder you agree to immediateiy pay any ~ss ba~ance to us. No Assignment, No Waivers. This Agreement may not be assigned by you. Our failure to exercise any ot our rights under this Agreement shall not be deem- ~o be a~•laiver of such rights or of any other ~ight available hareunder. Credit Inquiries. You agree that we are authorized from time to time, as we deem desirable, to make inquiries pertaining to your employment, credit standing c; 'manc~al respons~b~lity. ~1lhen we agree to make loans to you under this Agreement, we are relying on the information you have given in your appticauon ! ~~;u~ty Credrtl~ne. Each of you warrant that this information is true and correct and tnat you will, upon ou? request at any time. prov~de us w+th a financial E red~t sta:ement ~n a`orm satisfac?ory ro us, correctly showing your then current financial condition. ~ Warranties: Each req~est for and acceptance of an advance under this Agreement Gy any person signing this Agreement, however made, shall const~tute ~=p~esentat~on and warranty by each of you that no default then exists hereunder, and that none of the following have occurred or are threatened with respect f ~r~v person s~g~ung this Agreement as of the date of the funding of such advance: (al assignment made for the benefit of credirors; or Ib1 the fiiing by or ~a:nst you of a petition under the bankruptcy laws; or Ic1 the filing of any federal tax liens against you; or (dl the entry of a judgment against you or lel the ~ •~g against the real property encumbered by the mortgage, if any, which secures this Ime of any liens, encumbrances or other adverse matters; or Ifi the ; +~~,sfer, ~vhether voluntary or by operation of law, of any part of the title to the real property securing this Agreement without our prior written conser,t. E Other and Prior Agreements. This Agreement is subject to the terms and cond'+tions of the primary deposit agreements governing your accounts with us. ~ •.,u have one of our BankCard cards, this Agieement is subject to your Electronic Funds Transfer Service Agreement with us and all applicable regulations ,~r~ing the use of that card. This Agreement amends and takes the place of all prior agreements with us relating to the Equity Creditline program. ~ Additional Provisions. As used herein, the sing~lar shall include the plural and the plural shail incEude the singular, and each personal pronoun of any gender nclude alI genders. The laws of the State of Florida shali govem the interpretation and enforcement of th~s Agreement. The captions and catch!ines of :,greement are mtended solely as aids to convenient reference. and no inference as to the intent of any provision may be drawn from them. In the event j ~r::omes necessary for the Bank to enforce this Agreement by legal action, you waive your right to be sued in the state and county of your residence and ~ agree that any lega~ act~on brought under this Agreement may be properly maintained in any state and County in which we are located. ~ Changes Due to Possible Merger. Florida National Bank and First Union National Bank are negotiating a merger. If that merger is completed the foilowing ° •~,s n~ay be changed: Ia! O~~erdrafts - Change from increments of $100 per draw to actual amount of overdraft per draw; Ib1 Access By Automated Teller ~~me Change from access th-ough Autmated Teller Machine to NO access availabie through Automated Teller Machine; and Ic) Access By Spec~al Check ~ .:~-~nqe `rom m~nimum of 5100 per dravr to minimum of 5300 per draw. ~ '90 JAN 23 P 1~2 i ~ )020?49 8~ ,~i~ ~ • . _ . ~QIJ . ~~it:ij~r ~ J I _ : . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 R 67~ pA~E~OO2 BOUM , ~ - - - . _ - - --~r~ s