Commerce Bank v. FRED D WILLIAMS

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA Commerce Bank vs. FRED WILLIAMS Plaintiff, Defendant. Case No.: PETITION COMES NOW Plaintiff, Commerce Bank (collectively "Plaintiff"), by and through its Attorneys, Berman & Rabin, P.A., and for its cause of action against Defendant, FRED WILLIAMS ("Defendant"), states as follows: 1. Commerce Bank is a legal entity organized pursuant to law. 2. FRED WILLIAMS is believed to reside in the County of TULSA. 3. Commerce Bank or its assignor, issued to the Defendant a line of credit, which said line of credit was in the form of a credit card. A copy of the statement of account is attached hereto, made a part hereof, and marked "Exhibit A". 4. At the time of the issuance of said credit card to the Defendant, Plaintiff caused said credit card to be accompanied by a set of rules for the use of said card. A copy of the card holder agreement is attached hereto, made a part hereof, and marked "Exhibit B". 5. The Defendant by acceptance and use of said credit card and the line of credit made available to FRED WILLIAMS thereby, agreed with Plaintiff to the aforesaid set of rules, and to pay it or its assignee all sums of money representing credit advanced to the Defendant by any person through use of said credit card. 6. The Defendant accepted credit through use of said credit card by the persons, or firms, in the amounts set forth in the attached statement. 7. The Defendant breached the contract by failing to pay the credit card account balance to Plaintiff. 8. The Plaintiff has made demand upon the Defendant for payment of each of said items, but FRED WILLIAMS has failed to pay same or any part thereof, leaving a balance due in the sum of $10,781.13. Plaintiff's affidavit of account is attached hereto marked as "Exhibit C". WHEREFORE, Plaintiff, Commerce Bank , prays for judgment against Defendant, FRED WILLIAMS , for the sum of $10,781.13, with interest at the contractual rate of 6% per annum until paid in full, for all court costs, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff requests that, upon entry of judgment in favor of the Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order at any time or times subsequent to the filing date of the Journal Entry of Judgment and Order Respectfully submitted, BERMAN & RABIN, P.A. [Signature] Crystal Griffin, OK #31460 PO Box 1382 Choctaw, OK 73020 PHONE: (913) 649-1555 FAX (913) 652-9474 EMAIL: [email protected] ATTORNEY FOR PLAINTIFF ATTORNEY LIEN CLAIMED 843428-65 COMMERC BANK PO BOX 808000 KANSAS CITY MO 64180-6000 FRED D WILLIAMS Account ID: XXXX XXXX XXXX 0711 Account Number: XXXX XXXX XXXX 0711 Payment Due Date August 13, 2025 New Balance $10,781.13 Past Due Amount $1,101.85 Minimum Payment Due $1,322.22 AMOUNT ENCLOSED Use enclosed envelope and make check payable to: COMMERCE BANK Check here if change of address Commerce Bank VISA Account ID: XXXX XXXX XXXX 0711 Account Number: XXXX XXXX XXXX 0711 Statement Period: 06/17/25 - 07/16/25 <table> <tr> <th>Transaction</th> <th>Amount</th> </tr> <tr> <td>Previous Balance</td> <td>$10,728.23</td> </tr> <tr> <td>Payments</td> <td>-$0.00</td> </tr> <tr> <td>Other Credits</td> <td>-$0.00</td> </tr> <tr> <td>Purchases</td> <td>+0.00</td> </tr> <tr> <td>Cash Advances</td> <td>+0.00</td> </tr> <tr> <td>Balance Transfers/Convenience Checks</td> <td>+0.00</td> </tr> <tr> <td>Past Due Amount</td> <td>$1,101.85</td> </tr> <tr> <td>Fees Charged</td> <td>+0.00</td> </tr> <tr> <td>Interest Charged</td> <td>+52.90</td> </tr> <tr> <th>New Balance</th> <th>$10,781.13</th> </tr> <tr> <td>Credit Limit</td> <td>$0.00</td> </tr> <tr> <td>Cash Limit</td> <td>$0.00</td> </tr> <tr> <td>Available Credit</td> <td>$0.00</td> </tr> <tr> <td>Available Cash</td> <td>$0.00</td> </tr> <tr> <td>Statement Closing Date</td> <td>07/16/25</td> </tr> <tr> <td>Days in Billing Cycle</td> <td>30</td> </tr> </table> For Questions or to Report a Lost or Stolen Credit Card: Call Customer Service 1-877-787-3171 Please send billing inquiries and correspondence to: COMMERCE BANK CARD CENTER P.O. BOX 411036, KANSAS CITY, MO 64141-1036 Signature REWARDS Point Balance: as of 07/30/24 4,673 commercebank.com/rewards <table> <tr> <th>New Balance</th> <th>$10,781.13</th> </tr> <tr> <th>Minimum Payment Due</th> <th>$1,322.22</th> </tr> <tr> <th>Payment Due Date</th> <th>08/13/25</th> </tr> </table> Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a $40.00 late fee and your APRs may be increased up to the Penalty APR of 31.49%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: <table> <tr> <th>If you make no additional charges using this card and each month you pay...</th> <th>You will pay off the balance shown on this statement in about...</th> <th>And you will end up paying an estimated total of...</th> </tr> <tr> <td>Only the minimum payment</td> <td>4 years</td> <td>$12,059</td> </tr> </table> If you would like information about credit counseling services, call 1-877-600-7901. WE NEED TO DISCUSS THE STATUS OF YOUR ACCOUNT. PLEASE CONTACT OUR OFFICE IMMEDIATELY AT 800-997-9739. <table> <tr> <th>Trans Data</th> <th>Post Date</th> <th>Ref #</th> <th>Transaction Description</th> <th>Amount</th> </tr> <tr> <td>07/16</td> <td>07/16</td> <td></td> <td>INTEREST CHARGE-PURCHASES</td> <td>$13.78</td> </tr> <tr> <td>07/16</td> <td>07/16</td> <td></td> <td>INTEREST CHARGE-CASH</td> <td>$2.78</td> </tr> <tr> <td>07/16</td> <td>07/16</td> <td></td> <td>INTEREST CHARGE-BAL TRAN/CONV CHECK</td> <td>$38.38</td> </tr> <tr> <td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td> <td>$52.90</td> </tr> </table> Change of Address Form Street Address City ____________ ST ______ Zip ________________ Home Phone ________________ Business Phone ________________ RECEIPT OF PAYMENTS: Payments received before 5 PM CT at the address shown on your Statement on any of our regular Business Days will be posted as of the date of receipt. Payments made in person before the close of business to an employee at a Commerce branch will be posted as of date of receipt. Payments mailed to the address shown or made in person at a branch must be accompanied by the Account number or payment stub, and in the form of a check or money order in U.S. Dollars drawn on a U.S. financial institution. Convenience checks will not be accepted as a form of payment. Do not send cash through the mail. A delay in crediting the payment to your Account may occur if the payment does not meet these requirements for making payments (conforming payments). In no case shall such delay exceed five days from receipt of such payment. The cutoff time for payments made on any of our regular Business Days through Commerce as transfers from your Commerce deposit account are as follows: Commerce ATM, 7:00 PM CT; Commerce Online Banking, including Mobile Banking, 7:00 PM CT; Commerce Account Information Line, 7:00 PM CT; Commerce Collections Department, 11:00 PM CT. A payment made through Commerce Online Bill Pay will be posted on the Pay Date. Conforming payments received after the respective cutoff time will be posted no later than the next Business Day. Payments made by a third-party payor, will be posted as of the date we receive the payment. BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED: If you accrue any Interest Charges on your Account at a variable rate, that rate will be calculated by adding a margin to the Prime Rate. Please see the ACCOUNT OPENING DISCLOSURE, which is part of this Agreement, for specific information regarding the APRs used to compute your Interest Charges. We calculate your Daily Balance for each day in the billing cycle by taking your beginning balance, adding any new transactions (excluding any active Installment Plans) or other debits, and subtracting any payments (excluding payments toward any active Installment Plan) or other credits. We multiply the Daily Balance by the Daily Periodic Rate to get your Interest Charges for that day. We add these Interest Charges to your Daily Balance to get the beginning balance for the next day. We do this for all days on which you have a balance owing on the Account, disregarding any credit balance, for the billing cycle. We add all the daily Interest Charges and round the sum to the next highest cent to get your total Interest Charges for that billing cycle. We do this calculation separately for each type of balance. INTEREST CHARGE ACCRUAL ON PURCHASES: Interest Charges begin to accrue on the transaction date, provided such date will never be later than the date the Purchase is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such transaction is shown. Purchases are subject to a Grace Period. If the previous balance is zero or was paid in full by the payment due date shown on your Statement, no Interest Charge will be assessed on current Purchases. ON BALANCE TRANSFERS OR CONVENIENCE CHECKS: Except for Convenience Checks associated with Installment Plans, Interest Charges begin to accrue on the date of the Balance Transfer or Convenience Check, provided such date will never be later than the date the Balance Transfer or Convenience Check is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such transfer or check is shown. ON CASH ADVANCES: Interest Charges begin to accrue on the date of the Cash Advance, provided such date will never be later than the date the Cash Advance is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such advance is shown. ON INSTALLMENT PLANS: No Interest Charges are applied to active Installment Plans. Demand made pursuant to the requirements of RSMo §408.150 will only be effective if made in writing and sent, via certified mail, to each of the following two addresses: Commerce Bank, Attention Legal Department, 8006 Forsyth, Suite 1100, St. Louis, MO 63105; and Commerce Bank, Attention Legal Department, 1000 Walnut, BB4-1, Kansas City, MO 64106. FAIR CREDIT REPORTING ACT: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT_ If you think there is an error on your Statement, write to us at: Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036 You may also send us this information via fax at 1-816-234-2811 In your letter, give us the following information: Account information: Your name and Account number. Dollar amount: The dollar amount of the suspected error. Description of problem: 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 within 60 days after the error appeared on your Statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question or report you as delinquent on that amount. The charge in question may remain on your Statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for paying interest on the amount until we resolve the matter. We will notify you in writing of our decision, and the reason for our decision, within three business days after we complete our investigation. If we decide in favor of you, we may not try to collect the amount in question or Report you as delinquent again unless the matter is resolved within 30 days after receiving our decision. If we do try to collect the amount in question, or report you as delinquent, we will notify you well enough in advance of that action so you will have time to resolve the matter. YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD PURCHASER_ If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all of the following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. LIABILITY FOR UNAUTHORIZED USE_ You must notify Commerce Bankcard Center of the loss, theft or possible unauthorized use of your credit card. You may call toll-free 1-800-645-2103, or notice may be mailed to Commerce Bankcard Center at P.O. Box 411036, Kansas City, MO 64141-1036 Attn. Fraud/Security For any other information concerning your Account or to reach our 24-Hour BankCard Account Information Line, please call 1-800-645-2103. Commerce Bank Account Number: XXXX XXXX XXXX 0711 Account ID: [REDACTED] Statement Period: 06/17/25 - 07/16/25 2025 Totals Year-to-Date <table> <tr> <th>Total fees charged in 2025</th> <td>$0.00</td> </tr> <tr> <th>Total Interest charged in 2025</th> <td>$370.85</td> </tr> </table> Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Purchases</td> <td>6.00% (v)</td> <td>$2,797.89</td> <td>$13.76</td> </tr> <tr> <td>Cash Advances</td> <td>6.00% (v)</td> <td>$565.23</td> <td>$2.78</td> </tr> <tr> <td>Bal Tran/Conv Checks</td> <td>6.00% (v)</td> <td>$7,390.81</td> <td>$38.38</td> </tr> </table> (v) = Variable Rate FICO SCORE The score lenders use: 456 Key Factors affecting your FICO® Scores 1. Serious delinquency: FICO® Scores consider the presence of a serious delinquency (very late payment) on a person's credit report as a powerful predictor of future payment risk. Your score was impacted because your credit report shows one or more serious delinquencies or some other serious derogatory indicator, such as a bankruptcy, on your credit report. 2. Time since delinquency is too recent or unknown: Missed and late payments, including the number of missed payments, how late they were, and how recently they occurred, are important to FICO® Scores. Your score was impacted because the time since your most recent missed payment or other serious derogatory indicator, such as a bankruptcy, on your credit report, was too recent. Your FICO® Bankcard Score 9 based on TransUnion Data, pulled on 05/15/25, is the same score that COMMERCE BANK uses to manage your account. For further information about your FICO® Scores go to: www.commercebank.com/FICO FICO and The score lenders use are trademarks or registered trademark of Fair Isaac Corporation in the United States and other countries. ©2025 Fair Isaac Corporation. All rights reserved. The FICO® Scores and associated educational content are provided solely for your own non-commercial personal educational review use and benefit. The credit file used to create your FICO® Score is continually updated, and this FICO® Score may not reflect the most current data on your credit file. You have the right to obtain a free credit report annually from each of the three major consumer reporting agencies. To request a copy of your credit report, please visit: http://www.anr.faircreditreport.com. Commerce Bank and Fair Isaac are not credit repair organizations as defined under federal and state law, including Credit Repair Organizations Act. Commerce Bank and Fair Isaac do not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. If you do not wish to have your FICO® Score printed on your monthly statement, you may request to opt-out from the FICO® Score disclosure program at any time by contacting Commerce Bank at 1 (877) 278-1746 or by writing us at Commerce Bank Bankcard Center; ATTN: FICO Score Opt-Out KCBC-11; PO BOX 411038, Kansas City, MO 64179-9640. This cardholder agreement ("Agreement") is for your Account with Commerce Bank, and the Card(s) which has/have been given to you in connection with your Account. Such Account and Card(s) provide you with credit card services and ATM Services. "You" and "your" mean any applicant for the Account and any person using the Account and/or related Card(s) with the expressed or implied permission of any of the applicants. Any person whose name appears on the Account for the Card(s) accompanying this Agreement consents, either by using or permitting another to use the Card(s), to all provisions of this Agreement. "We", "us" and "our" means Commerce Bank, our successors and assigns. This Agreement contains an arbitration provision, a class action waiver, and a jury trial waiver. Please read the entire section titled "DISPUTE RESOLUTION - ARBITRATION" and the section titled "DISPUTE RESOLUTION – JURY TRIAL WAIVER." In this Agreement: Account is your credit card account. Annual Fee is a fee charged on a yearly basis for your continued use of the Account. APR is Annual Percentage Rate. ATM is Automated Teller Machine. Balance Transfer is an advance made when transferring a balance from another creditor to your Account. Business Days are Monday through Friday. Federal holidays are not included. Card is the credit card(s) given to you in connection with your Account. Cash Advance Includes: • Non-Overdraft Cash Advance is an advance made by means of an electronic device or machine, or a financial institution teller, or at the purchase of wire transfers, non-U.S. currency, travelers’ checks, money orders, lottery tickets and casino gaming chips. • Overdraft Cash Advance is an advance made by means of overdraft protection. Cash Limit is the maximum dollar amount of your Revolving Credit Line, as defined herein, available for Non-Overdraft Cash Advances. Charges are costs imposed as part of this Agreement and include both interest and fees. Convenience Check is a check provided to you to access credit from your Account. Daily Balance is determined, for each day in the billing cycle, by taking the beginning balance, adding any new transactions or other debits, (excluding any active Installment Plans) and subtracting any payments or other credits. Daily Periodic Rate is the APR divided by 365. Fees are non-Interest Charges, including transaction fees. Grace Period means the period of time during the billing cycle when you will not accrue Interest Charges on certain transactions or balances. Installment Plan is a feature that can be used to make fixed monthly payments over a pre-selected number of billing cycles for qualifying transaction(s). Installment Plan Fee is a fee charged on a monthly basis on all active Installment Plans. Interest Charges are the portion of Charges attributed to periodic interest rates. PIN is Personal Identification Number. Prime Rate is the U.S. Prime Rate published in The Wall Street Journal in its column called “Money Rates” on the last Business Day of each month. Promotional Balance is the balance subject to the Promotional Rate. Balances subject to introductory Rates are included. Promotional Rate is a rate other than the standard rate, tied to a special offering. A Promotional Rate offered when you open your Account may be called an Introductory Rate. Purchase means purchase of merchandise or services on the Account plus related Charges and does not include any Balance Transfer, Convenience Check, Cash Advance, Installment Plan and related Fees or Interest Charges. Revolving Credit Line is the maximum dollar amount of your Account balance you can carry over from month to month. Statement is your billing statement. CREDIT CARD SERVICES The following provisions relate only to credit card services except as otherwise applicable. ACCOUNT DESCRIPTION We will grant you a Revolving Credit Line as determined by us. Your Revolving Credit Line is the maximum dollar amount of your Account balance you can carry over from month to month. Your Revolving Credit Line will be indicated on your Statement. Your Account is also subject to a No Pre Set Spending Limit. No Pre Set Spending Limit does not mean unlimited spending; rather each charge that causes your Account balance to exceed your Revolving Credit Line will be evaluated by us based on several factors. These factors include, but are not limited to, Account usage and performance, payment resources, other Account relationships with us, if applicable, and your experience with other creditors. Your Account is subject to a Cash Limit equal to the amount of your Revolving Credit Line less outstanding balances, including Fees and Interest Charges and will be indicated on your Statement. Your outstanding balance will limit Cash Advance availability. The Cash Limit does not apply to Overdraft Cash Advances. Overdraft Cash Advances will be subject to the term of the Account's No Pre Set Spending Limit. We may increase, reduce or cancel your Revolving Credit Line and/or Cash Limit at any time without prior notice or liability. A change to your Revolving Credit Line and/or Cash Limit will not affect your obligation to pay us. We may decline, at any time in our sole discretion, an authorization request for any transaction for any reason, included but not limited to: • operational considerations, • your Account is in default, • we suspect fraudulent or unlawful activity We may also request additional information from you at any time to evaluate a transaction request or your use of the Account generally. We are not responsible for any losses or damages, including consequential damages, if a transaction on your Account is declined, either by us or a third party, even if you have sufficient credit available. INSTALLMENT PLAN Installment Plans may be available for eligible Accounts to initiate and can be used for qualifying transaction(s) only; and not for a Cash Advance, Balance Transfer, or any Fee owed to us. When selecting an Installment Plan, the qualifying transaction(s) will be moved to an Installment Plan balance and may be subject to an Installment Plan Fee instead of the periodic interest rate. If you do not pay your entire Installment Plan balance in the pre-selected amount of billing cycles any remaining balance will be transferred to your applicable Purchase or Convenience Check balance and your respective periodic interest rate applied. We may limit the number of active Installment Plans you can have at one time and reserve the right to change this number at any time. Installment Plans cannot be cancelled after they have been set up, but you can choose to pay the Installment Plan early by paying the new balance, shown on your most recent Statement, in full. If you pay an Installment Plan off early, you will not incur any future Installment Plan Fees for that Installment Plan. In the event you return items from an Installment Plan, we will choose how to apply the credit to your existing Account balances, including whether to apply a credit to an Installment Plan balance or a different balance. PROMISE TO PAY You promise to pay for all Purchases, Balance Transfers, Convenience Checks, Installment Plans and Cash Advances made by you through the use of the Account. In addition, you promise to pay all other amounts owed due to use of the Account by anyone else you authorize to use the Account until such person’s authority is ended. You may only end such person’s authority by notifying us in writing and returning to us any Card such person may have. All of you are responsible, both together and individually, for the entire Account balance even though only one of you uses the Account. BILLING STATEMENTS You will receive a Statement periodically (normally monthly). Your payment is due within 25 days from the date of the Statement (payment due date). PAYMENT OPTIONS You may pay the new balance shown on your Statement each month or you may pay in monthly installments. If you decide to pay in monthly installments, you must pay at least the minimum payment on your Statement. The minimum payment includes the sum of all active Installment Plan payments due, any amount that exceeds your Revolving Credit Line plus the greater of: • $30.00 or the full amount of your total balance (excluding any active Installment Plan balances) if it is less than $30.00; or • 1.00% of your new balance (for your Revolving Credit Line if your new balance exceeds your Revolving Credit Line; excluding any active Installment Plan balances) plus any amounts that are past due, plus Fees (excluding Balance Transfer and/or Convenience Check Fees) and Interest Charges accumulated during the billing period. When a payment is posted to your Account, we reserve the right to restrict or delay all or part of the available credit created by the payment. The restriction or delay of the available credit is for risk management or other related purposes, including but not limited to protection against actual or potential fraudulent activities or unauthorized transactions. OVERDRAFT PROTECTION If you select overdraft protection, a Cash Advance will be made to cover an overdraft in your designated Commerce Bank deposit account. Such Overdraft Cash Advances will be in the amount of $50.00 or multiples of $50.00. If the designated deposit account is a joint account, you will be liable for all overdrafts on the account regardless of which joint account owner caused, or benefited from the overdraft. Each Overdraft Cash Advance is at our discretion. We may permit or refuse to permit any Overdraft Cash Advance that would cause you to exceed the Cash Limit on your Account. We are not liable or responsible for any check drawn that may for any reason be returned or otherwise dishonored. We may cancel this overdraft feature at any time without notice. BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED If you accrue any Interest Charges on your Account at a variable rate, that rate will be calculated by adding a margin to the Prime Rate. Please see the ACCOUNT OPENING DISCLOSURE, which is part of this Agreement, for specific information regarding the APRs used to compute your Interest Charges. We calculate your Daily Balance for each day in the billing cycle by taking your beginning balance, adding any new transactions (excluding any active Installment Plans) or other debits, and subtracting any payments (excluding payments toward any active Installment Plan) or other credits. We multiply the Daily Balance by the Daily Periodic Rate to get your Interest Charges for that day. We add these Interest Charges to your Daily Balance to get the beginning balance for the next day. We do this for all days on which you have a balance owing on the Account, disregarding any credit balance, for the billing cycle. We add all the daily Interest Charges and round the sum to the next highest cent to get your total Interest Charges for that billing cycle. We do this calculation separately for each type of balance. The Prime Rate used to determine the APR on your Account is the U.S. Prime Rate published in The Wall Street Journal in its column called "Money Rates" on the last Business Day of each month. Although each Daily Periodic Rate is determined by an index published prior to the first day of each calendar month, the respective Daily Periodic Rate will only become effective and charged as of the first day of the monthly billing period following the respective calendar month in which the Index is so published. No representation is made that the U.S. Prime Rate is the lowest, the best or the favored rate of interest. If for any reason "The Wall Street Journal" no longer publishes the "Money Rates" column, then we will choose a new index based on comparable information. An increase in the Prime Rate will cause your Interest rate to increase and may cause your minimum monthly payment to increase. INTEREST CHARGE COMPUTATION • ON PURCHASES: Interest Charges begin to accrue on the transaction date, provided such date will never be later than the date the Purchase is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such transaction is shown. Purchases are subject to a Grace Period. If the previous balance is zero or was paid in full by the payment due date shown on your Statement, no Interest Charge will be assessed on current Purchases. • ON BALANCE TRANSFERS OR CONVENIENCE CHECKS: Except for Convenience Checks associated with Installment Plans, Interest Charges begin to accrue on the date of the Balance Transfer or Convenience Check, provided such date will never be later than the date the Balance Transfer or Convenience Check is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such transfer or check is shown. • ON CASH ADVANCES: Interest Charges begin to accrue on the date of the Cash Advance, provided such date will never be later than the date the Cash Advance is posted to the Account or earlier than the first day of the billing cycle for the Statement on which such advance is shown. • ON INSTALLMENT PLANS: No Interest Charges are applied to active Installment Plans. TOTAL INTEREST CHARGE COMPUTATION We add Interest Charges for each type of balance (excluding active Installment Plans) to obtain your total Interest Charge for each billing cycle. PENALTY RATE AND WHEN IT APPLIES If at any time we have not received the required minimum monthly payment within 60 days of the respective payment due date, we may increase the applicable APR to a penalty APR ("Penalty Rate"). Please see the ACCOUNT OPENING DISCLOSURE for information regarding the Penalty Rate for your Account. The Account may be eligible for your standard Daily Periodic Rates and corresponding APR for each type of balance after you have met the terms of this Agreement for six consecutive billing cycles after the monthly Statement on which the Penalty APR first appears. Otherwise, the Penalty Rate may apply indefinitely. TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES If during an Introductory or Promotional Rate period, we have not received the required minimum monthly payment within 60 days of the respective payment due date, we will increase the applicable APR to the Penalty APR. Introductory and/or Promotional Rates will not be reinstated. TERMINATION OF INSTALLMENT PLAN If, during a period when an active Installment Plan is associated with the Account, we have not received the required minimum monthly payment within 60 days of the respective payment due date, we will cancel the Installment Plan and will apply the Penalty APR. The Installment Plan cannot be reinstated or recreated. FEES Transaction, Annual and Penalty Fees: Please see the ACCOUNT OPENING DISCLOSURE for information regarding the specific Fees that may be charged to your Account. Your Installment Plan Fee will be displayed at the point of purchase as part of your purchase confirmation or Convenience Check offer. Minimum Interest Charge A minimum Interest Charge will be imposed in any billing cycle for which an Interest Charge is payable and will appear on your Statement as a Fee. Balance Transfer Or Convenience Check Transaction Fee You will be charged a transaction Fee, with a minimum and no maximum, for each Balance Transfer and/or Convenience Check posted to your Account. Non Overdraft Cash Advance Transaction Fee You will be charged a transaction Fee, with a minimum and no maximum, for each Cash Advance posted to your Account. Overdraft Cash Advance Transaction Fee You will be charged a transaction Fee for each Cash Advance resulting from the overdraft protection. Installment Plan Fee You may be charged an Installment Plan Fee for each Installment Plan. Each Installment Plan Fee will be disclosed prior to establishing the Installment Plan and charged monthly throughout the Installment Plan duration. The Installment Plan Fee will appear on your Statement. Annual Fee Your Account may have an Annual Fee that will be added annually to your Account. Please see the ACCOUNT OPENING DISCLOSURE for information regarding the specific fee, if any, for your Account. The imposition or payment of an Annual Fee does not affect or limit our right to terminate this Agreement, cancel your Account, and demand payment, in a manner permitted by law, of any amounts owed on your Account. Foreign Transactions Please see the ACCOUNT OPENING DISCLOSURE for information regarding the specific Fees that may be charged to your Account related to foreign transaction. Visa and Mastercard Purchases, cash withdrawals and Cash Advances made in currencies other than U.S. Dollars will be converted to U.S. Dollars under regulations established by VISA® International and Mastercard® International. Visa conversion will be at a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. Mastercard conversion will be at a rate selected by Mastercard, typically either a government-mandated rate or a wholesale rate related to Mastercard Conversion to U.S. Dollars may occur on a date other than the date of the transaction. Therefore, the conversion rate may be different from the rate in effect at the time of the transaction. You agree to pay the converted amount plus the applicable foreign transaction Fee. For Purchases, cash withdrawals, and Cash Advances made in U.S. dollars outside of the United States and its territories, you agree to pay the transaction amount, plus the applicable foreign transaction Fee. Late Payment Fee For each payment not received by the payment due date, we may charge a Fee ("Late Payment Fee"). The first time you are late making the required minimum monthly payment ("Late Payment First Occurrence"), a $28 Late Payment Fee may be imposed. After the Late Payment First Occurrence, if you make a late payment at anytime during the next six billing cycles ("Late Payment Second Occurrence"), a $40 Late Payment Fee may be imposed. After the Late Payment Second Occurrence, any subsequent late payment during the next six billing cycles will also incur a $40 Late Payment Fee. At no time will the Late Payment Fee exceed the amount of the required minimum monthly payment. Other Fees Returned Payment Fee No Fee will be charged for any check or other form of payment sent to us which is returned unpaid. Returned Item Fee If we decline to honor a Convenience Check or when payment of a Convenience Check is stopped at your request, we may charge a Fee ("Returned Item Fee"). The first time we decline to honor a Convenience Check or when payment of a Convenience Check is stopped at your request ("Returned Item First Occurrence"), a $28 Returned Item Fee may be imposed. After the Returned Item First Occurrence, if we decline a Convenience Check or you request stop payment of a Convenience Check at anytime during the next six billing cycles ("Returned Item Second Occurrence"), a $40 Returned Item Fee may be imposed. After the Returned Item Second Occurrence, any subsequent declined Convenience Check or stop payment of a Convenience Check during the next six billing cycles will also incur a $40 Returned Item Fee. At no time will the Returned Item Fee exceed the amount of the Convenience Check. Convenience Checks and Document Copy Charges Charges for Convenience Checks and requests for copies of sales drafts, Statements or other documents related to your Account may be billed on your Account as Purchases in accordance with the fee schedule established by us from time to time. No charge will be made for copy requests related to billing error resolution within 60 days of the disputed transaction. TOTAL FEE COMPUTATION We add all Fees assessed to obtain your total Fees for each billing cycle (excluding transaction Fees for Balance Transfers and/or Convenience Checks and Installment Plan Fees). We will assess Fees for Balance Transfers and/or Convenience Checks to your Account in the same balance category to which the transaction is posted. Installment Plan Fees will be charged monthly throughout the Installment Plan duration. CANCELLATION To the extent permitted by law, Commerce Bank may cancel your Account, refuse to allow further transactions against your Account or revoke your Card(s) at any time (whether or not you are in default of any part of this Agreement) including, without limitation, when any affiliation you may have with a sponsoring organization ceases or when any agreement we may have with the sponsoring organization is terminated. Cancellation of your Account will not affect your liability to us for credit we have extended to you, including amounts not yet billed to your Account. We may cancel your Account without prior notice or liability. You must surrender the Card(s), either upon a direct request by us, or any other bank or merchant who is acting upon our instructions. CONDITIONS OF DEFAULT We may consider you to be in default if we do not receive a required payment when due, including the minimum payment by the date shown on your Statement; you fail to comply with the terms of this Agreement; you make any false or misleading statements or omissions on your application; you file a bankruptcy petition or have one filed against you; we obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time including, but not limited to, your failure to make any payment to us on any other indebtedness or loan; you are declared Incompetent by a court or a court appoints a guardian/conservator for you or your assets; or you die. If we consider your Account to be in default, we may close your account without notice and require you to pay the balance in a manner permitted by law (subject to applicable law regarding notice or right to cure). To the extent permitted by law, if you are in default you will pay our collections costs, attorneys’ fees, court costs, and all other expenses of enforcing our rights under this Agreement. ALLOCATION OF PAYMENTS We will allocate your minimum payment in the manner we determine. If there are any active Installment Plans associated with the Account, we will apply payment to the Installment Plan(s) first. We will then apply the amount in excess of the minimum payment to balances with higher APRs before balances with lower APRs and then to any Installment Plan balance(s) in order of earliest Installment Plan expiration date. RECEIPT OF PAYMENTS Payments received before 5 PM CT at the address shown on your Statement on any of our regular Business Days will be posted as of the date of receipt. Payments made in person before the close of business to an employee at a Commerce branch will be posted as of date of receipt. Payments mailed to the address shown or made in person at a branch must be accompanied by the Account number or payment stub, and in the form of a check or money order in U.S. Dollars drawn on a U.S. financial institution. Do not send cash through the mail. A delay in crediting the payment to your Account may occur if the payment does not meet these requirements for making payments (conforming payments). In no case shall such delay exceed five days from receipt of such payment. The cutoff time for payments made on any of our regular Business Days through Commerce as transfers from your Commerce deposit account are as follows: Commerce ATM, 7:00 PM CT; Commerce Online Banking, including Mobile Banking, 7:00 PM CT; Commerce Account Information Line, 7:00 PM CT; Commerce Collections Department, 11:00 PM CT. A payment made through Commerce Online Bill Pay will be posted on the Pay Date. Conforming payments received after the respective cutoff time will be posted no later than the next Business Day. Payments made by a third-party payor, will be posted as of the date we receive the payment. When the due date falls on a weekend or holiday, your payment due date will be on the next Business Day. We may accept late payments, partial payments or checks and money orders (or accompanying written communication) containing a statement to the effect that the instrument was tendered as “payment in full,” full satisfaction of a disputed claim or other similar language without losing any rights under this Agreement or under the law. All such payments or written communications must be mailed to: Commerce Bank, P.O. Box 410857, Kansas City, MO 64141-1857. CHANGE OF TERMS Provided the Account is meeting the terms of this Agreement: (1) We will not increase an introductory APR during any Introductory Rate period; and (2) We will not increase any APR, Annual Fee or minimum Interest Charge for 12 months following account opening, except for increases due to the expiration of an Introductory or Promotional Rate period, if any; changes in the Prime Rate; completion or failure of a temporary hardship arrangement; application of a Penalty Rate; or the end of military service to which the provisions of the Servicemembers Civil Relief Act (SCRA) apply ("Exceptions"). Otherwise, we may change the terms of the Agreement at any time, after notice and the right to reject if required by law. Changes in any APR, other than the stated Exceptions, Annual Fee or minimum Interest Charge will apply to new transactions created after the end of the 14th day following our providing notice to you. If you reject a change, your Account will be cancelled and you will no longer be able to use the Account. Cancellation of your Account will not affect your liability to us for credit we have extended to you, including amounts not yet billed to your Account. ELECTRONIC RECORDS You agree that this document and all paper records related to your Account and whether or not the other paper records were submitted, received or obtained in advance of, contemporaneously with or subsequent to, the delivery of this document may, at the option of Commerce Bank, be converted by any digital or electronic method or process to an electronic record or subsequently further converted or migrated to another electronic record format or electronic storage medium. You further agree that upon conversion to an electronic record as authorized herein such electronic record shall be the record of the transaction and the electronic record shall have the same legal force and effect as the paper documents from which it was converted. You waive any legal requirement that any documents digitally or electronically converted be embodied, stored, or reproduced in a tangible media. You undersigned and agree that a printed or digitally reproduced copy of the electronic record shall be given the same legal force and effect as a signed writing. In addition, you authorize and agree to destruction of the paper documents by Commerce Bank upon conversion of the paper documents to a digital or electronic record. COMMUNICATIONS CONSENT You expressly consent and agree that Commerce Bank and their affiliates, agents, vendors, collections agencies, and service providers may use written, electronic or verbal means to contact you. The ways in which we may contact you include, but are not limited to, contact by manual calling methods, live operator calls, prerecorded or artificial voice calls and messages, text messages, emails, and/or automatic telephone dialing systems. You agree that Commerce Bank and their affiliates, agents, vendors, collections agencies, and service providers may contact you by using any email address or any telephone number you provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result. Phone numbers and email addresses, you provide include those you give to us, those from which you contact us or which we obtain through other means. Message and data rates may apply. Indemnification If you provide telephone number(s) for which you are not the subscriber, you understand that you shall indemnify us for any costs and expenses, including reasonable attorneys' fees, incurred as a result of us contacting or attempting to contact you at the number(s) provided. In the event any of your contact information changes, you agree to immediately notify us. Communication Revocation If you do not want to receive communications as described in the previous paragraph, you must: (i) provide us with written notice revoking your prior consent; (ii) in that written notice, you must include your name, mailing address, and the last four digits of your Account number; (iii) advise whether you would like communications to cease via mail, voice calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if you are requesting communications to cease via telephone number(s) and/or email, please provide the specific phone number(s) and email address; (v) you must send this written notice to: Commerce Bank Attention – Commerce Bank Customer Service P.O. Box 411036, Kansas City, MO 64141-1036 Telephone Conversation Recording You consent and agree that our staff may monitor and/or record phone calls between you and our representatives without additional notice to you, including but not limited to calls we make to service your account or collect debt(s). MILITARY LENDING ACT DISCLOSURE Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). You can call toll free to 855-225-1578 to hear the applicable required Military Lending Act disclosures. MISCELLANEOUS PROVISIONS You also agree that: • We may refuse to extend credit to you or anyone using your Account or Card(s). • We will not be liable or responsible for anyone’s refusal to honor your Card(s). • Each Account you have with us is separate from any others you have with us, and Interest Charges will be charged on each Account’s balance at the APR given with each Agreement. Each individual Account will be designated by an Individual Account number. • Your Card(s) are Commerce Bank property. • We may change the premium enhancements offered at any time without further notice to you. • Merchants with whom you’ve shared your Account number may be updated with new Account information to ensure the continuation of your payment agreement. • You will not use your Card(s) for any purpose that has been deemed illegal. We reserve the right to deny authorization requests from online gambling merchants, whether or not online gambling is illegal in the state in which you reside. • Commerce Bank may share your Account experience and transaction information with its Affiliates, which are members of the Commerce Family of Companies as defined in your Privacy Statement. Unless you call 1-800-543-4845, you agree that Commerce Bank and its Affiliates may also share other information about you or your Account. • You must notify us immediately at Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, if you believe any information we reported to a credit reporting agency is inaccurate. SECURITY INTEREST Collateral securing other loans with us may also secure this indebtedness. CHANGES IN ADDRESS You agree to notify us immediately if you change your address. INTERPRETATION The Agreement shall be governed by applicable federal law and regulations. To the extent not preempted by applicable federal law, this Agreement shall be governed by the laws of the state of Missouri, but Commerce Bank will rely on the provisions of Nebraska law with respect to the fees and charges (other than interest) that apply to your Account, as authorized by Missouri Revised Statutes Section 408.145. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your Statement, write to us at: Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036 You may also send us this information via fax at 1-816-234-2811 In your letter, give us the following information: • Account Information: Your name and Account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: 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: • Within 60 days after the error appeared on your Statement. • 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. You may call us, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question or report you as delinquent on that amount. • The charge in question may remain on your Statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question, or any Interest Charges or other Fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with any applicable Interest Charges and Fees. We will send you a Statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must list those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchase If you are dissatisfied with the goods or services that you have Purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all of the following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services. ) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. LIABILITY FOR UNAUTHORIZED USE If your name appears on the Account for the Card(s) accompanying this Agreement, then by using or permitting another to use the Card(s) and/or PIN, you agree to all the provisions of this Agreement, including, but not limited to your promise to pay. You will not be liable for unauthorized use that occurs after you notify Commerce Bank orally or in writing. Notification of lost, theft or possible unauthorized use may be mailed to Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or you may call 1-800-645-2103. DISPUTE RESOLUTION – ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT, WITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO RESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING ARBITRATION. IF ARBITRATION IS ELECTED, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS SET FORTH BELOW. Agreement to Arbitrate You and we agree that either of us may elect to resolve any Claims (as defined below) through binding arbitration unless you opt out of the agreement to arbitrate as set forth below, or unless prohibited by law. If you or we elect to resolve a Claim through arbitration, neither you nor we will have the right to pursue such claim in court or have a jury decide the claim, nor will you or we have the right to bring or participate in any class or other representative action in court or in arbitration. What Claims are Subject to Arbitration? As used in this section, the term "Claim" has the broadest possible meaning and includes, but is not limited to, any unresolved disagreement, controversy, dispute, or cause of action between you and us, whether now existing, present or future, arising out of, related to or concerning this Agreement, your Account, the services provided pursuant to this Agreement, optional features including but not limited to Special Connections™ and toggle®, any relationship between you and us, or any advertisement or solicitation, whether such Claim is asserted or brought in a direct, derivative, assignee, successor, successor, beneficiary or personal capacity. Without limiting the foregoing, the term "Claim" also includes any unresolved disagreement, controversy, dispute, or cause of action between you and us arising out of, related to or concerning any fees or charges relating to any Account(s), and any services relating to any Account(s), optional features including but not limited to Special Connections™ and toggle®, on-line or telephone banking services, communication methods and practices we may use to service your Account, and ATM services. It also includes any disputes you have with our agents, contractors, employees, officers or assignees, any merchants with whom you use the Account, any credit reporting agencies to whom we report the Account or any other third party that has been involved or becomes involved with, or whose trademarks are used in connection with, any purchasing, marketing, soliciting, servicing or credit reporting activity relating to your Account. The Claims covered by this agreement to arbitrate include, without limitation: • Any disputes regarding: the application you prepared in connection with the issuance of your Account; any solicitation or advertising materials you received in connection with your Account; any activities relating to the maintenance or servicing of your Account; and any funds held by the Bank in connection with your Account; • Any disputes arising from the collection of amounts you owe in connection with your Account or the manner of collection; • Any disputes concerning the dollar amount of payments made or transactions posted to your Account; • Any disputes concerning the processing of items or funds transfers sent to the Bank for the purpose of posting to your Account; • Any disputes regarding information obtained by us from, or reported by us to, credit bureaus or others; • Any disputes related to insurance or other services or products purchased from us in connection with your Account; • Any disputes regarding communications involving telephones, automatic dialing systems, artificial or prerecorded voice messages, SMS text messages or facsimile machines; and • Any disputes concerning the relationships resulting from this Agreement, your Account or any of the foregoing. The term "Claim" includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this section, "we," "us," and "our" includes Commerce Bank, any corporate parent, subsidiaries, affiliates, employees, officers, directors, agents, controlling persons and representatives, as well as any person or entity who provides any services in connection with this Agreement or who is named as a co-defendant with us in a Claim asserted by you. What Disputes are Not Subject to Arbitration? Notwithstanding any other language herein, the term "Claim" shall not include any dispute or controversy regarding the validity, enforceability, coverage or scope of this agreement to arbitrate or any part thereof, including, without limitation, the "Waiver of Jury Trial and Class or Representative Action" provision set forth below, subsections A and B of the "Survival and Severance" provision set forth below and this sentence; all such disputes are for a court and not the arbitrator to decide. In addition, claims filed by you or us individually in small claims court, so long as any such claim remains in that court and advances only an individual claim for relief, are not subject to arbitration. However, if a claim is transferred, removed or appealed to a different court, you or we will then have the right to demand arbitration of such claim. Other claims, disputes, controversies or issues not subject to arbitration are set forth in the section titled "Rights Preserved." How Does Arbitration Work? The arbitration shall be administered by the American Arbitration Association ("AAA"), pursuant to its Consumer Arbitration Rules (collectively, "Rules") in effect at the time a demand for arbitration is filed. The Rules are available online at www.adr.org, or you may contact the AAA at 120 Broadway, Floor 21, New York, N.Y. 10271. If the AAA is unable to serve and you and we cannot agree on a replacement, a court with jurisdiction will select the arbitrator. If there is a conflict between the Rules and this agreement to arbitrate, or between this agreement to arbitrate and the Agreement, this agreement to arbitrate shall control. Pursuant to the Rules, the AAA will select a single arbitrator who shall have expertise in the substantive law applicable to the Claim's subject matter. If the value of relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on the submission of written documents, unless the Rules or arbitrator requires an In-person proceeding. If the value of the relief sought is more than $10,000, or an In-person proceeding is required, the arbitration proceeding shall be conducted in the same city as the U.S. District Court closest to your home address, unless the parties mutually agree upon a different location in writing. Either party may, at its sole cost and discretion, choose to be represented by an attorney at any arbitration proceeding. The arbitrator may award any damages or other relief provided for under applicable law as if an individual action were brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim). If we made a written offer to you to settle your claim prior to an arbitration being selected, and the arbitrator awards you an amount greater than our last offer, if any, we will (i) pay you the arbitrator's award of $5,000, whichever is greater, and (ii) pay your reasonable attorney, witness and expert fees costs, if any. Judgment on the arbitrator's award is final and binding and may be entered in any court of competent jurisdiction. The arbitrator, you and we will not disclose the existence, content or outcome of any arbitration proceeding; provided, however, that disclosures required by applicable law or regulation shall not be subject to such restriction. The foregoing sentence does not prohibit any party from, in good faith, investigating a claim or defense, including interviewing witnesses or otherwise engaging in discovery as permitted by the Rules. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this agreement to arbitrate. How Is Arbitration Initiated? If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of claims asserted by the plaintiff in a lawsuit filed in court). Otherwise, your notice must be sent to Commerce Bank, Attn: ADR Notice, P.O. Box 419307, Kansas City, MO 64141-3037, and our notice will be sent to the most recent address for you in our files. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the Claim(s) to start the arbitration proceeding in accordance with the Rules. Who Pays for Arbitration? Except as otherwise provided herein, we will pay filing, administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with this agreement to arbitrate. If you pay any initial filing fee, we will reimburse you. If you cannot afford to pay any initial filing fees, we will pay them for you. We will pay any fees or expenses that we are required to pay by law or the Rules or that we are required to pay for this agreement to arbitrate to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Rules, this agreement to arbitrate, the Agreement, or applicable law. We will not seek to recover from you any fees or expenses we pay on your behalf, or any attorney, witness or expert fees or other costs or expenses we incur in defending an individual arbitration commenced by you. Notwithstanding the foregoing, if the arbitrator finds that a Claim is frivolous or brought in bad faith or for an improper purpose, then the payment of all fees, costs and expenses shall be determined by the Rules. What Law Is Applicable? You and we agree that our relationship includes transactions involving interstate commerce and that this agreement to arbitrate and any arbitration rule, proceeding and award pursuant to the terms hereof, are governed by and enforceable pursuant to the provisions of the Federal Arbitration Act ("FAA") (9 U.S.C. § 1, et seq.). Notwithstanding anything to the contrary in the Agreement, to the extent that state law is applicable, including with respect to the interpretation and enforcement of this agreement to arbitrate, Missouri law shall apply to the extent consistent with the FAA. The arbitrator shall decide the claim in accordance with applicable substantive law and the terms of this Agreement, and shall apply all statutes of limitation and honor attorney-client and other privileges. How Do I Opt Out of the Agreement to Arbitrate? If you do not accept this agreement to arbitrate, you may reject it ("opt out"). If you opt out, neither you, nor we, will be subject to the requirement to resolve any claim by arbitration or any other provision of this section. To opt out, you must send us written notice of your decision to reject this agreement to arbitrate to the address set forth below. We must receive your written notice by the later of: (i) May 1, 2020 or (ii) thirty (30) days after we sent you this Agreement via US Mail, through electronic disclosure, provided it to you in person, or by other reasonable delivery method. Your written opt out notice must: (a) include a signed statement that you reject the agreement to arbitrate set forth in this Agreement; (b) include your name, address and the Account number you wish to opt out; and (c) be sent to us at the following address: Commerce Bank, Attn: ADR Credit Card Opt Out, P.O. Box 414220, Kansas City, MO 64141-4220. This is the only way you can reject this agreement to arbitrate. If you opt out, it will not affect any other terms of this Agreement, and it will not adversely affect your Account or any relationship between you and us. Your rejection of this agreement to arbitrate shall not be imputed to any other person or entity or be deemed to be a rejection of this agreement to arbitrate by any person or entity other than you. Nor shall your rejection of this agreement to arbitrate eliminate the obligation of other persons or entities who wish to reject this agreement to arbitrate to personally comply with the notice and time requirements of this opt-out provision. The agreement to arbitrate is the only section of this Agreement that you can opt out of. Waiver of Jury Trial and Class or Representative Action. UNLESS YOU REJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE THE RIGHT: (I) TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, WHETHER AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER, (II) ACT AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN COURT OR IN ARBITRATION OR (III) HAVE A COURT OR JURY RESOLVE THE CLAIM. MOREOVER, UNLESS MUTUALLY AGREED UPON IN WRITING BY ALL PARTIES, CLAIMS MAY NOT BE JOINED, CONSOLIDATED, OR OTHERWISE COMBINED WHETHER OR NOT ANY SUCH COMBINATION OCCURRED AS A RESULT OF AN ASSIGNMENT. Rights Preserved. In addition to subjects excluded from arbitration in accordance with the provision titled "Which Disputes are Not Subject to Arbitration?" this agreement to arbitrate does not prohibit you or us, at any time, from (a) exercising any lawful rights to preserve or obtain possession of property or self-help remedies, including but not limited to, the right to set-off, the right to restrain funds in a deposit account, recoupment, repossession, replevin or trustee's sales; (b) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including but not limited to attachment, garnishment, interpleader or the appointment of a receiver by a court of appropriate jurisdiction; or (c) bringing an individual action in court that is limited to preventing the other party from using a self-help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. Conflict, Survival and Severance. In the event of any conflict or inconsistency between this agreement to arbitrate and other provisions of this Agreement or the Rules, this agreement to arbitrate will govern. This agreement to arbitrate shall survive any termination of or changes to any of your Account subject to this Agreement; the transfer or assignment of any of the foregoing; and the bankruptcy of any party to the extent permitted by law. If any term or provision of this agreement to arbitrate is held to be unenforceable, prohibited or invalid, the remaining provisions shall be enforced without regard to such illegal or unenforceable term or provision, except that: (A) if any provision of this agreement to arbitrate regarding class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is determined by an authority of competent jurisdiction to be unenforceable or illegal, such provision shall not be severable and this agreement to arbitrate between you and us (except for this sentence) shall be null and void, provided that such determination of unenforceability or illegality shall be subject to appeal. The parties acknowledge and agree that under no circumstances will a class action, private attorney general action or other representative action be arbitrated; and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the "Waiver of Jury Trial and Class or Representative Action" provision or elsewhere in this agreement to arbitrate prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated. DISPUTE RESOLUTION - JURY TRIAL WAIVER You and we agree that in the event that any Claim or dispute between us is not arbitrated but instead is resolved in court, you and we knowingly and voluntarily waive the right to a jury trial to the full extent permitted by applicable law. If you have any questions regarding this Agreement, or our current fee schedule, write to us at Commerce Bank, P.O. Box 41036, Kansas City, MO 64141-1036, or call us at 1-800-645-2103. (Effective 2/28/2020) Affidavit Page 1 4389610002560711 01/05/2026 PLAINTIFF Commerce Bank vs. DEFENDANT(S) FRED D WILLIAMS Name of Creditor to Whom Account is Owed: Commerce Bank Name of Creditor Pursuing Collection of Account: Commerce Bank Name of Debtor(s) obligated to Pay Account: Defendant(s) named above. AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over eighteen (18) years of age and am competent to make this affidavit. The information and amount stated in this affidavit is true and correct to the best of my knowledge, information and belief, and I declare the same under perjury I am an employee of Commerce Bank. 2. My job title/relationship to Plaintiff is Recovery Collector, and I am authorized to make this affidavit. 3. Due to the scope of my job responsibilities, I am familiar with the books and records of Commerce Bank and the manner and method by which it maintains said books and records in the regular course of its business, including computer records of defaulted accounts. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of said events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. I am also familiar with the account that is the subject of this affidavit. 4. Commerce Bank is the original creditor on this account. 5. The books and records of Commerce Bank show that Defendant(s) opened an account with Commerce Bank for the purpose of obtaining an extension of credit. The aforementioned records show Commerce Bank issued a credit card to the Defendant(s), with account number [REDACTED]0711. Defendant(s) thereafter retained the card and used or authorized the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required by said Customer Agreement. 6. The books and records of Commerce Bank show that the Defendant(s) is/are currently indebted to Commerce Bank on the credit card account for the total sum of $10,781.13 as of the date of this affidavit, including interest. All offsets, payments and credits have been allowed. 4389610002560711 Given under my hand on: this 13 day of Jan., 2026. Affiant: Nick Petsche County of Jackson ) State of Missouri ) Subscribed and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Nick Petsche who acknowledged before me his/her signature to the foregoing Affidavit. Given under my hand and seal this 13 day of Jan., 2026. Dana Elder Notary Public My Commission Expires: June 9, 2029 "DANA ELDER Notary Public - Notary Seal STATE OF MISSOURI Clay County My Commission Expires: June 9, 2029 Commission #25705999" "THIS IS A COMMUNICATION FROM A DEBT COLLECTOR, IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."