Current Card Agreements for New Personal Accounts

NOTE: To obtain a copy of the Agreement for your existing account call us at (800) 996-2638 or send us a secured message through Online Banking with the subject line “Credit Card Inquiry”.

For new personal accounts opened beginning 04/01/2021, the following Account Opening Disclosures and Credit Card Agreements apply by the credit card type received:

Platinum Mastercard® Rates, Interest Charges, and Fees – Platinum Card Credit Card Agreement (Personal Accounts)

Cash Back World Mastercard® Credit Card Interest Rates, Interest Charges, and Fees – Cash Back World Card Credit Card Agreement (Personal Accounts)

Wealth Management World Elite™ Mastercard® Credit Card Interest Rates, Interest Charges, and Fees – Wealth Management World Elite™ Mastercard® Credit Card Credit Card Agreement (Wealth Management World Elite™ Mastercard® Credit Card)

Secured Mastercard® Credit Card Interest Rates, Interest Charges, and Fees – Secured Card Credit Card Agreement (Personal Accounts)

Interest Rates, Interest Charges, and Fees – Platinum Card Interest Rates and Interest Charges 14.99% to 22.99%, based on your creditworthiness. (APR) for Purchases This APR will vary with the market based on the Prime Rate.

APR for Balance Transfers 0.00% Introductory APR for the first fifteen months. After that, your APR will be 14.99% to 22.99%, based on your creditworthiness.

This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99%

This APR will vary with the market based on the Prime Rate. Penalty APR and When it None Applies

Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Consumer Financial visit the website of the Consumer Financial Protection Bureau at Protection Bureau http://www.consumerfinance.gov/learnmore/.

Fees Annual Fee None Transaction Fees

• Balance Transfer Either $10 or 4% of the amount of each transfer, whichever is greater.

Either $10 or 4% of the amount of each cash advance, whichever is greater.

• Foreign Transaction 3% of the U.S. Dollar amount of each such transaction. Penalty Fees

• Late Payment Up to $38 (Varies by State. See next page for details.).

• Returned Payment Up to $38 (Varies by State. See next page for details.).

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” See your Credit Card Agreement for more details.

Billing Rights: Information on your rights to transactions and how to exercise your rights is provided in your Credit Card Agreement.

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due. Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

Interest Charges for Covered Members of the Armed Forces and Their Dependents: 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%. 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).

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659-5495).

Doing business in South Dakota as Bank of the West California.

CREDIT CARD AGREEMENT (Personal Accounts)

By requesting or accepting any Platinum Mastercard or necessary to verify Payments received on your Credit Card Cash Back World Mastercard account (individually or account. If we accept a payment from you in excess of your collectively called “Credit Card account” or “Account”) with outstanding balance, your available will not be Bank of the West, you agree to be bound by all the terms of increased by the amount of the overpayment nor will we be this Agreement and as applicable, the Bank of the West Cash required to authorize transactions for an amount in excess of Back Rewards Program Rules. In this Agreement, the words your Credit Limit. “you” or “your” mean everyone who has requested or 3. Temporary Reduction of Credit Limit. Merchants, accepted a Credit Card account with us. The words “we,” such as car rental companies and hotels, may request prior “us,” “our,” or “Bank” mean Bank of the West. If you do not credit approval from us for an estimated amount of your accept this Agreement or Program Rules, you must notify us Purchases, even if you ultimately do not pay by credit. If our in writing within 5 days after receipt. Use of your card or any approval is granted, your available Credit Limit will feature (including a balance transfer) of your Credit Card temporarily be reduced by the amount authorized by us. If Agreement shall constitute acceptance of this Agreement you do not ultimately use your Credit Card account to pay for and Program Rules. your Purchases or if the actual amount of Purchases posted to your Credit Card account varies from the estimated 1. Use. Your Platinum Mastercard or Cash Back World amount approved by us, it is the responsibility of the Mastercard (individually or collectively called “Card”) may be merchant, not us, to cancel the prior credit approval based used as a credit card for purchases of goods or services from on the estimated amount. The failure of the merchant to participating merchants (“Purchases”) or to get Cash cancel a prior credit approval may result in a temporary Advances from us or any other financial institution displaying reduction of your available Credit Limit, but will not increase the “MasterCard” logo, or to purchase certain items such as the amount you owe us under this Agreement. traveler's cheques, foreign currency, money orders, wire 4. Agreement to Pay. When you use your Card or Credit transfers, lottery tickets, and (except as noted below) funds Card account, or when you permit anyone to use it, you agree to be used for wagers or gambling (all of which are to pay the amount of any and all transactions (including any collectively referred to as “Cash Advances”) up to your Credit which may have been made in violation of this Agreement), Limit; provided, however, you may not use your Card (i) to and the INTEREST CHARGES, and fees that may become make Purchases or obtain Cash Advances for any illegal due as shown on the periodic statement. You agree that we transaction, or (ii) for any internet or online gambling may change or cancel your Credit Card account at any time transactions. Transactions for online or internet gambling will without affecting your obligation to pay the amounts that you not be approved. If you use your Card for any illegal or owe under this Agreement. prohibited transaction, this Agreement also applies to such 5. Periodic Statement. Each month we will send you a transaction and you agree to pay any and all amounts related periodic statement for each Credit Card account you have to such transaction pursuant to the terms of this Agreement. with us covering the previous billing period. We may not send We may, in our sole discretion, restrict the use of or terminate you a statement if your balance is less than $1 and there your Card if we notice excessive use of your Card or other were no transactions during the billing period. The statement suspicious activities or if we reasonably believe the Card is will have a “Statement Period Date”, “Statement Closing or has been used for one or more illegal or prohibited Date” and a “Payment Due Date,” and will show, among other transactions. You can also obtain a Cash Advance by writing things, your “Previous Balance,” your “New Balance,” and a special Mastercard check (“Convenience Check”). The your minimum monthly payment, which will be shown as Cash Advance will be posted to your Credit Card account “Minimum Payment Due.” when the Convenience Check reaches us. If you stop 6. Payment. You must make a payment by the “Payment payment on a Convenience Check, your Credit Card account Due Date.” You have two choices: You may pay the entire will be charged $16.00 (or as permitted by law) for each stop “New Balance” or you may pay in installments by paying at payment. We may designate that only a portion of your Credit least the “Minimum Payment Due.” When your payment is Limit is available for Cash Advances. In addition, you may properly received, we will allocate your payment in a manner request that we pay other creditors on your behalf and we determine except as otherwise required by law. The transfer approved amounts to your Account (“Balance Minimum Payment is applied first to fees, then to INTEREST Transfers”). CHARGES and finally to principal. We apply the Minimum Your Card may also be used in certain automated terminals Payment to balances with lower APRs, including introductory to gain to your Credit Card accounts. We have no APRs, before balances with higher APRs. Payments made in responsibility for the failure of any machine, merchant, excess of the Minimum Payment will be applied first to financial institution, or any other party to honor your Card. balances with the highest ANNUAL PERCENTAGE RATE Your Card and Credit Card account may be used only for (APR) and then to each successive balance bearing the next valid and lawful purposes. If you use or allow someone else highest ANNUAL PERCENTAGE RATE. to use the Card or Credit Card account for any other purpose, Payments must be mailed to the Center address you will be responsible for such use and may be required to specified in your periodic statement and reach the BankCard reimburse us for all amounts or expenses we pay as a result Center during our regular business day by 5:00 p.m. Pacific of such use. Time for the payment to be credited the same business day. 2. Credit Limit. We will notify you of the Credit Limit for Payments made in person at one of our branches, or made each Credit Card account you have with us. You agree that by telephone, or made through our website or another your total charges, including Purchases, Cash Advances, website controlled by a third party on our behalf must be Balance Transfers, INTEREST CHARGES, and fees that received by 5:00 p.m. Pacific Time to be credited the same may be due will not exceed your Credit Limit. If you do go business day. Payments received after the cutoff time of 5:00 over your Credit Limit, you must repay the excess amount p.m. Pacific Time are credited as of the following business immediately, and we may reduce the available Credit Limit of day. If you fail to properly make payments, crediting of such any other Credit Card account you have with us until such payments may be delayed and you may incur late charges time the excess amount is repaid. You may apply to increase and additional interest as a result of the delay. Even when your Credit Limit at any time but we are not obligated to your payment is credited to your Account, we may delay the increase your Credit Limit at any time. Furthermore, we availability of part or all of your payment amount as credit for reserve the right to lower your Credit Limit at any time. For up to 15 days. security reasons, we may limit the number or amount of If a payment is returned to us for any reason, we may transactions that may be accomplished with your Card or apply a Returned Payment Fee of $27 for the first violation Credit Card account, and we have the right to limit and $38 for each subsequent violation within the next six authorizations to make transactions if we consider it billing cycles. The Returned Payment Fee for Iowa residents is $27 for the first violation and $30 for each subsequent BW-CCAG (Rev. 10/2020) violation within the next six billing cycles. If the Returned ANNUAL PERCENTAGE RATE may change each month on Payment Fee is greater than the Minimum Payment Due, the the first day of each of your billing cycles. Each date on which fee will be equal to the Minimum Payment Due. the rate of interest could change is called a “Change Date.” From time to time, we may let you skip or reduce one or Changes will be based on changes in the “Index.” The Index more monthly payments during a year and/or we may is the Prime Rate published in the “Money Rates” table of The temporarily reduce or eliminate certain INTEREST Wall Street Journal on the business day immediately CHARGES on all or a portion of your Credit Card account preceding the day your billing cycle ends. If the Index is no balance or offer you other special terms. If we do, we will longer available, we will choose a new index which is based advise you of the scope and duration of the applicable skip upon comparable information and will give you notice of our or promotional feature. When the skip or promotional feature . The ANNUAL PERCENTAGE RATE may increase or ends, your regular rates and all the terms of the Agreement decrease each month if the Index changes. Any new rate will will resume. be applied as of the first day of your billing cycle during which 7. Minimum Payment - Late Payment Fee. The “Minimum the Index has changed. If the ANNUAL PERCENTAGE Payment Due” must be received by us by the “Payment Due RATE increases, you will pay a higher INTEREST CHARGE, Date.” If it is not, we may apply a Late Payment Fee of up to which may result in a higher minimum payment. $27 for the first violation and up to $38 for each subsequent The interest rate for Purchases and Balance Transfers violation within the next six billing cycles. The Late Payment on your Platinum Credit Card account is based on a variable Fee for Iowa residents is up to $27 for the first violation and rate equal to the sum of the Index a “Rate Spread” of up to $30 for each subsequent violation within the next six 11.74 to 19.74 percentage points, based on your billing cycles. If such charge would result in an INTEREST creditworthiness. The interest rate for Purchases (after the CHARGE greater than the maximum allowed by law, we will Introductory Period) and Balance Transfers on your Cash only charge the maximum allowable rate. Your Minimum Back World Credit Card account is based on a variable rate Payment Due will be 3% of the New Balance plus any Late equal to the sum of the Index plus a “Rate Spread” of 12.74 Payment Fee (with a minimum of the lesser of $27 or your to 19.74 percentage points, based on your creditworthiness. New Balance) and any amount over your credit limit and past The interest rate for Cash Advances on your Account is due amount. based on a variable rate equal to the sum of the Index plus a 8. How to Avoid Paying Interest on Purchases. There “Rate Spread” of 21.74 percentage points. Immediately may be different treatment of INTEREST CHARGES for before each Change Date we will determine the new interest Purchases, Balance Transfers, and Cash Advances, even rate by adding the Rate Spread to the Index. The new interest though they are computed the same way. You may avoid rate will become effective at the start of your first billing cycle paying an INTEREST CHARGE on Purchases if we receive after the Change Date. Only one ANNUAL PERCENTAGE the entire New Balance by the Payment Due Date. If we do RATE and Daily Periodic Rate will be in effect for each not receive the entire New Balance by the Payment Due Balance Category during the billing period. The ANNUAL Date, the INTEREST CHARGE will be charged on the PERCENTAGE RATE will not exceed the maximum rate Purchases from the date of the transaction. INTEREST permitted by law. The effect of any increase in the ANNUAL CHARGES on all other balances, including Cash Advances PERCENTAGE RATE and the Daily Periodic Rate would be and Balance Transfers, begin on the transaction date and will to increase the amount of INTEREST CHARGE or interest be assessed even if your entire New Balance is paid by the you must pay and thus increase your monthly payments. Payment Due Date. 10. Transaction Fees. You also agree to pay us the 9. Computing Your INTEREST CHARGE. We figure the appropriate fees listed below (as permitted by applicable law) INTEREST CHARGE on each Credit Card account by which may be amended from time to time by us. You applying the periodic rate to the “Average Daily Balance” of authorize us to charge your Credit Card account for the each Balance Category on the Credit Card account, including following fees due to us. Cash Advance fee: 4.00% of each current transactions. Balance Categories include Purchases, Cash Advance, $10 minimum. Balance Transfer fee 4.00% Balance Transfers, Cash Advances, Introductory Rates and of each balance transferred, $10 minimum. any special rate offers we may make available from time to 11. Foreign Transaction Fee. Transactions that you make time. If you are charged interest, the charge will be no less in a foreign currency or that you make outside of the United than $1.00 (the minimum interest charge will appear as States of America even if it is made in U.S. dollars are “Minimum Charge” in the fees section of your statement). considered foreign transactions. If you make a transaction in a. Average Daily Balance. To obtain the daily balance a foreign currency it will be billed to you in U.S. Dollars. The for each Balance Category we take the beginning balance conversion rate to U.S. Dollars will be determined by each day and add new transactions applicable to each Mastercard International in accordance with their operating category, and subtract any payments, , and refunds regulations or conversion procedures in effect at the time the applied to the category. To figure your Average Daily transaction is processed. Currently, their regulations and Balance for each Balance Category, we add all your daily procedures provide that the currency conversion rate they balances and divide by the number of days in the billing use is either (1) a government-mandated rate or (2) a period. wholesale market rate, whichever is applicable, in effect one b. Figuring the INTEREST CHARGE. We compute the day prior to the processing date. We do not determine the INTEREST CHARGE for each Balance Category by currency conversion rate which is used. You agree to pay multiplying these Average Daily Balances by the applicable the converted amount in U.S. funds. In addition, Mastercard Daily Periodic Rate, and then we multiply the result by the will charge us (the Bank) an international transaction fee, number of days in the billing period. To determine the Daily currently equal to one percent (1.00%) of the transaction Periodic Rate for each Balance Category, we divide the amount. We will charge you the international transaction fee applicable ANNUAL PERCENTAGE RATE in effect for the imposed on us plus an additional two percent (2.00%) of the billing period by 365 (366 for leap year). The way we get the transaction amount whether that transaction was originally ANNUAL PERCENTAGE RATE for each Balance Category made in U.S. dollars or was made in another currency and is described below under “Fixed Rate” and “Variable Rate.” converted to U.S. dollars. These two fees will be aggregated c. Fixed Rate. Introductory ANNUAL PERCENTAGE and shown as one Foreign Transaction Fee on your RATES for Purchases, Balance Transfers or Cash Advances statement. may vary, if applicable. Please refer to your Account Opening 12. Other Fees. As allowed by law, we may charge, and Disclosures for specific introductory period and ANNUAL you agree to pay, fees for certain services or requests made PERCENTAGE RATES associated with your Account. After by you, such as but not limited to: the Introductory Period ends, your regular ANNUAL (“ATM”) transactions conducted at machines not operated by PERCENTAGE RATES for Purchases, Balances Transfers us, requests for copies of billing statements, sales drafts, or or Cash Advances will apply. other records of your Account, or if you request a d. Variable Rate. The current ANNUAL PERCENTAGE replacement card(s). However, we will not charge fees for RATE for all variable rates is shown on the Account Opening copies of documents requested for a billing dispute. These Disclosure which has been provided to you with this fees may change from time to time. We will inform you of the Agreement. The Daily Periodic Rate and the corresponding fee(s) that you will incur prior to when the applicable

BW-CCAG (Rev. 10/2020) service(s) is(are) provided or when you make the request(s), an automated terminal, or the use of the Card by anyone else as applicable. You authorize us to charge your Credit Card who uses it with your permission. Security in use of the Card account for any such fees that you incurs. We reserve the is provided by the secret code, which we will provide you, and right to waive a fee from time to time but a waiver does not the magnetically encoded stripe on the Card. Please keep mean we will continue to waive such fee in the future. the Card safe and also protect the secret code. Use the Card 13. Interest Charges for Covered Members of the and the secret code as instructed at all times. Please notify Armed Forces and Their Dependents: Federal law us of any mechanical or operating failure in connection with provides important protections to members of the Armed the use of your Card. Do not permit anyone else to use your Forces and their dependents relating to extensions of Card and do not disclose your secret code or record it on the consumer credit. In general, the cost of consumer credit to a Card. The Card remains the property of the Bank and can be member of the Armed Forces and his or her dependent may revoked and repossessed at any time. You must return it to not exceed an ANNUAL PERCENTAGE RATE of 36%. This us when asked. rate must include, as applicable to the credit transaction or e. Fees for Using Automated Terminal Services. Fees account: the costs associated with credit insurance may be charged for transactions made at automated teller premiums; fees for ancillary products sold in connection with machines not operated by us as described in paragraph 12- the credit transaction; any application fee charged (other than Other Fees. certain application fees for specified credit transactions or 16. Lost or Stolen Card; Your Liability for accounts); and any participation fee charged (other than Unauthorized Use. Tell us AT ONCE if you believe your certain participation fees for a credit card account). Card has been lost or stolen. Telephoning is the best way of If you are a covered member of the armed forces or a keeping your possible losses down. dependent, you will not be charged annual fees, transaction You may be liable for the unauthorized use of your Card fees, or penalty fees so that your cost may not exceed the as a credit card. You will not be liable for unauthorized use of Military Lending Act ANNUAL PERCENTAGE RATE cap. your Card as a credit card which occurs after you notify us at Armed Forces members and their dependents can hear the telephone number or address stated in paragraph 17, about the protections provided to them by calling 1-866-761- orally or in writing, of loss, theft, or possible unauthorized 2689 (TTY users call 1-800-659-5495). use. In any case, your liability for unauthorized use of your 14. Default. We may declare the entire balance for all Card as a credit card will not exceed $50.00. Credit Card accounts due and payable at once with or without 17. Where to Call or Write. If you believe your Card has notice or demand if any of these events (a “Default”) been lost or stolen or that someone is using your Card or happens: Credit Card account without your permission, call: a. If you miss a payment under this Agreement or any 1-800-996-2638 (for TTY call 1-800-659-5495) or write to: other obligation you owe us; or Bank of the West, BankCard Security Department, PO Box b. If you violate any terms of this Agreement. 2078, Omaha, NE 68103-2078. If you are in Default, we may terminate your Credit Card 18. Our Business Days. Our business days are Monday account, make no more additional , and require you to through Friday, except for bank holidays. immediately repay the entire unpaid balance of all amounts 19. Credit Investigation and Disclosure. You authorize due on your Credit Card account, including but not limited to us, both now and in the future, to check your credit and all amounts, late charges and other charges assessed employment history and to release information about our but not paid, and all of the INTEREST CHARGES accrued credit experience with you in response to legitimate credit but not paid. If we terminate your Credit Card account, your inquiries. If you believe that we have incorrect information or obligation to repay the amounts you already owe us would have reported inaccurate information about you to a credit continue. bureau, please call us at 1-800-996-2638 (for TTY call 1-800- At our option, we may also take action short of 659-5495). As required by law, you are hereby notified that terminating your Credit Card account. If we take such lesser a negative credit report reflecting on your may action initially, we reserve the right to terminate your Credit be submitted to a credit reporting agency if you fail to fulfill Card account and accelerate all amounts due under this the terms of your credit obligations. Agreement regardless of whether any additional events have 20. Security Interest. We have no security for any occurred which would permit termination and acceleration. amounts which become due under this Agreement, even 15. Automated Terminal Services though any other agreement you may have with us, such as a. Automated Terminals. You may use your Card in the a mortgage, may provide for such a security interest, unless following automated terminals: you have given us a specific security interest in connection (1) Any Bank of the West automated teller machines. with this Agreement, which is described on the Supplement (2) Any other automated teller machine that is attached to this Agreement. participating in a network and accepts our Card (“Network 21. Collection. You promise to pay all collection costs, ATM”) and including, without limitation, mailgram charges, reasonable (3) Any point-of-sale terminal that accepts our Card lawyers’ fees and court costs, as permitted by law. (“POS terminal”). 22. If There are More Than One of You. Each of you b. Services Available at an Automated Terminal individually, or all of you together, will be liable under this (1) You may use your Card at a Bank of the West or Agreement. We may collect from or sue any one of you, or any Network ATM to: make any settlements or extensions with any one of you, (a) Get a Cash Advance from your Credit Card without giving up our rights against the other. You understand account. that any one of you can make Purchases, get Cash (b) Get your Credit Card account balances. These Advances, or perform Balance Transfers under this balances may not include some transactions recently made Agreement which will be binding upon all of you. in your Credit Card account. Some of the services described 23. Compliance with Laws/Sanctions. You agree to in subparagraphs (a) and (b) may not be available at all comply with all applicable laws and regulations, including Network ATMs. those relating to anti-bribery, anti-money laundering, the fight (c) You may use your Card at a POS terminal to against terrorism, and sanctions (“Sanctions”), that apply to purchase certain merchandise. The amount of your purchase the Bank or BNP Paribas S.A. You represent that you are not will automatically be charged to your Credit Card account as the target of Sanctions. You agree to hold the Bank harmless a Purchase. from liability for any actions taken by the Bank to comply with c. Limits of Automated Terminal Services - Cash applicable laws and regulations, including Sanctions. Advances. You may get a Cash Advance from a Bank of the 24. No Waiver of Rights. If we choose to waive any of the West Automated Terminal up to an aggregate amount of terms or conditions of this Agreement on a case-by-case $500 each calendar day, provided that this amount does not basis, such as by not declaring the entire balance due when exceed your Credit Limit. This amount may be less for Cash the minimum monthly payment has not been made on time, Advances from Network ATMs. it does not mean that we have waived, or given up, our right d. Card and Secret Code (PIN) Use. You are to exercise any of our rights or remedies under this responsible for all transactions in which you use your Card in Agreement in the future. We are not required to use any

BW-CCAG (Rev. 10/2020) particular kind of demand or notice in order to collect agreement governed by this Agreement, or prior or later amounts due to us under this Agreement. No indulgence or versions of this Agreement, and any changes to the terms of acceptance by us of delinquent or partial payments constitute this Agreement will be subject to arbitration. Except as a waiver of our rights or of any provision of this Agreement. expressly provided, all disputes are subject to arbitration no No waiver of any existing default shall be deemed to waive matter the legal theory or remedy (damages, or injunctive or any subsequent default. declaratory relief) sought. Disputes include (1) any 25. Changing Terms. We can change, add to, delete or unresolved claims concerning any services relating to your otherwise modify the terms of this Agreement at any time in Account, including, without limitation, Purchases, Balance any way permitted by law. We will send you a notice of Transfers, Cash Advances, INTEREST CHARGES, your use change at least 45 days (or as required by applicable law) of any of our banking locations or facilities, or any means you before the effective date of the change. We do not have to use to access your Account; (2) any claims that arose before send you an advance notice of the change if it favors you, you and we entered into this Agreement (such as disputes such as by reducing rates, or increasing the maximum credit related to advertising) and after the termination of this limit. Except in cases where we are changing terms due to Agreement; (3) not only claims made directly by you, but also the Minimum Payment Due not being received within 60 days made by anyone connected with you or claiming through you, of the Payment Due Date, you agree that the change may such as an authorized user, a beneficiary, employee, cover all transactions made 15 days after we mail the notice. representative, agent, predecessor or successor, heir, If you do not agree to the change, a method for rejecting the assignee, or trustee in bankruptcy; (4) not only claims that change and closing the Account will be provided in the relate directly to us, but also our parent, affiliates, Change of Terms Notice. You agree that if you use your successors, assignees, employees, and agents and claims card after the effective date of the change, this will constitute for which we may be directly or indirectly liable, even if we your agreement with the change. are not properly named at the time the claim is made; (5) 26. Canceling this Agreement. We have the right to claims based on any theory of law, contract, statute, cancel this Agreement at any time by sending a notice to any regulation, tort (including fraud or any intentional tort), or any one of you in writing. You also have the same right to cancel other legal or equitable ground, and include claims made as this Agreement at any time by sending us a notice in writing counterclaims, cross-claims, third party claims, interpleaders or calling the BankCard Center at 1-800-996-2638 (for TTY or otherwise; (6) claims made as part of a class action or call 1-800-659-5495). If this Agreement is canceled by you or other representative action, being expressly understood and us, your obligation is to repay amounts you already owe agreed that arbitration of such claims must proceed on an under this Agreement. In either case, the Account will be individual (non-class, non-representative) basis; and (7) closed and you will no longer have access to the Account. claims relating to the enforceability or interpretation of this 27. Governing Law. This Agreement will be governed by arbitration provision. A party who initiates a proceeding in the laws of the State of Nebraska, and, as applicable, federal court may elect arbitration with respect to any dispute law, regardless of where the transactions are made. advanced in that proceeding by any other party. This 28. Monitoring/Recording Telephone Calls. Our arbitration provision shall survive any termination of this supervisory personnel may listen to and record your Agreement or your Account. telephone calls to us for the purpose of monitoring and c. Disputes Not Covered By Arbitration. Disputes improving the quality of service you receive. filed by you or by us individually in a small claims court are 29. Severability. All other provisions of this Agreement not subject to arbitration if the disputes remain in such court shall remain in full force even if one or more provisions of this and advance only as an individual claim for relief. Agreement are held invalid, illegal, void or unenforceable by d. Opt Out. You have the right to opt out of arbitration any rule or law, administrative order or judicial decision. by sending a signed written notice stating your decision to 30. Authorized User. If you elect to have an authorized opt out of arbitration to BANK OF THE WEST at Loan user, you will be liable for all transactions made by that user Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days on your Account. Any authorized user is not a contractually after the date you opened your Account (“Account Open liable party. Date”). 31. Our Communications with You. You agree that we, e. Commencing an Arbitration. The party initiating any of our affiliates, agents, independent contractors or arbitration must choose one of the following arbitration service providers may monitor and record telephone calls forums to administer arbitration under the forum’s rules regarding your banking services to assure the quality of our (except as modified by this Agreement): (i) the American service or for other reasons. You expressly consent that we, Arbitration Association (“AAA”) under AAA’s Consumer any of our affiliates, agents, independent contractors or Arbitration Rules available at www.adr.org or 1-800-778- service providers may use written, electronic, or verbal 7879; (ii) JAMS under JAMS’ Comprehensive Arbitration means, or any other medium, as permitted by law and Rules & Procedures or Streamlined Arbitration Rules & including, but not limited to, mail and facsimile, to contact Procedures, including JAMS’ Consumer Minimum Standards you. Your consent includes, but is not limited to, contact by (but not JAMS’ Class Action Procedures), available at manual calling methods, prerecorded or artificial voice www.jamsadr.com or 1-800-352-5267. messages, text messages, e-mails and/or automatic f. Arbitration Procedure. Arbitration shall be decided telephone dialing systems. You agree that we, any of our by a single neutral arbitrator selected in accordance with affiliates, agents, independent contractors or service AAA’s or JAMS’ rules, as applicable. The arbitrator will providers may contact you by using any e-mail or any decide the dispute in accordance with the terms of our telephone number you provide, including a telephone agreements and applicable substantive law, including the number for a cellular phone or other wireless device, Federal Arbitration Act and applicable statutes of limitation. regardless of whether you incur any charges as a result. The arbitrator shall honor claims of privilege recognized at 32. RESOLUTION OF DISPUTES BY ARBITRATION. law. Except as otherwise provided, the arbitrator may award PLEASE READ THIS ARBITRATION PROVISION damages or other relief (including injunctive relief) available CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU to the individual claimant under applicable law. The arbitrator WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT will not have the authority to award relief to, or against, any BEFORE A JUDGE OR JURY AND TO BRING OR person or entity who is not a party to the arbitration. An award PARTICIPATE IN ANY CLASS OR OTHER in arbitration shall determine the rights and obligations REPRESENTATIVE ACTION. between the named parties only, and only with respect to the a. Agreement to Arbitrate Disputes. Except as dispute in arbitration and shall not have any bearing on the otherwise provided, if you are unable to resolve a dispute rights and obligations of any other persons, or on the with us informally, you and we agree that the dispute will be resolution of any other dispute. The arbitrator will take resolved through the binding arbitration process set forth in reasonable steps to protect your Account information and this arbitration provision upon demand by either you or us. other proprietary or confidential information. Any arbitration b. Disputes Covered By Arbitration. Except as hearing shall take place in the same city as the U.S. District otherwise provided, any dispute relating to or arising out of Court closest to your home address, unless the parties agree your Account or this Agreement, including any aspect of any in writing to a different location or the arbitrator so orders. If

BW-CCAG (Rev. 10/2020) you seek a total recovery of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a i. Arbitration Costs. We will pay the filing, telephonic hearing, or by an in-person hearing in accordance administrative and/or arbitrator’s fees or compensation with AAA’s or JAMS’ rules. At your or our request, the (“Arbitration Fees”) that we are required to pay pursuant to arbitrator will issue a reasoned written decision sufficient to the arbitration forums’ rules or the law. In addition, with explain the essential findings and conclusions on which the respect to Arbitration Fees that you are required to pay under award is based. The arbitrator’s award shall be final and the arbitration forum’s rules in connection with an individual binding, subject to judicial review only to the extent allowed arbitration you have commenced against us, if you would like under the Federal Arbitration Act. You or we may seek to us to consider paying them because you are unable to do so, have the award vacated or confirmed and entered as a you must first request a waiver or reduction of the Arbitration judgment in any court with jurisdiction. Fees from the arbitration forum. If the request is denied or g. No Class Action or Joinder of Parties. You and we you remain unable to pay the reduced Arbitration Fees, we agree that no class action, private attorney general or other will consider paying them if we receive a written request by representative claims may be pursued in arbitration and no you sent to Bank of the West Legal Department, 180 such action may be pursued in court if either you or we elect Montgomery Street, San Francisco, California 94104. arbitration. Unless mutually agreed to by you and us, claims j. Applicable Law. You and we are participating in of two or more persons may not be joined, consolidated, or transactions that involve interstate commerce and this otherwise brought together in the same arbitration (unless arbitration provision and any resulting arbitration are those persons are joint account holders or beneficiaries on governed by the Federal Arbitration Act. To the extent state your Account or related accounts, or parties to a single law applies, the laws of the state governing your Account transaction or related transaction). relationship apply. No state statute pertaining to arbitration h. Public Injunctive Relief Waiver. If either you or we shall apply. elect to arbitrate a dispute, neither you nor we will have the k. Severability. Except as provided in ”Public Injunctive right to seek a public injunction in arbitration or in court, if Relief Waiver,” if any part of this arbitration provision such a waiver is permitted by the FAA. If any waiver of regarding joinder, consolidation, class actions, class public injunctive relief in this arbitration provision (as set arbitrations, general public or private attorney general forth in any part of this arbitration provision) is found to be actions is found to be illegal or unenforceable, that invalid invalid or unenforceable, and that decision is not reversed part shall not be severable and this entire agreement to on appeal, any claim for a public injunction will be decided arbitrate disputes shall be unenforceable. If any other part of in court after all other disputes to be decided in arbitration this arbitration provision, including “Public Injunctive Relief under this arbitration provision are arbitrated and the Waiver,” is deemed to be invalid or unenforceable, that arbitration award regarding individual relief has been invalid part will be severed from the remainder of this entered in court. In no event will a claim for public injunctive arbitration provision and the remainder of this arbitration relief be arbitrated. As set forth in “Severability” below, the provision will be enforced. invalidity or unenforceability of this paragraph will not affect the validity or enforceability of the remainder of this arbitration provision. Your Billing Rights Keep This Notice 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 • We cannot try to collect the amount in question, or If you think there is an error on your statement, write to us at: report you as delinquent on that amount. Bank of the West • The charge in question may remain on your BankCard Customer Service Department statement, and we may continue to charge you PO Box 2319 interest on that amount. Omaha, NE 68172-9793 • While you do not have to pay the amount in In your letter, give us the following information: question, you are responsible for the remainder of • Account information: Your name and Credit Card your balance. account number. • We can apply any unpaid amount against your • Dollar amount: The dollar amount of the suspected credit limit. error. • Description of problem: If you think there is an error After we finish our investigation, one of two things will on your bill, describe what you believe is wrong and happen: why you believe it is a mistake. You must contact us: • If we made a mistake: You will not have to pay the • Within 60 days after the error appeared on your amount in question or any interest or other fees statement. related to that amount. • At least 3 business days before an automated • If we do not believe there was a mistake: You will payment is scheduled, if you want to stop payment have to pay the amount in question, along with on the amount you think is wrong. applicable interest and fees. We will send you a You must notify us of any potential errors in writing [or statement of the amount you owe and the date electronically]. You may call us, but if you do we are not payment is due. We may then report you as required to investigate any potential errors and you may have delinquent if you do not pay the amount we think to pay the amount in question. you owe.

What Will Happen After We Receive Your Letter If you receive our explanation but still believe your bill is When we receive your letter, we must do two things: wrong, you must write to us within 10 days telling us that you 1. Within 30 days of receiving your letter, we must tell you still refuse to pay. If you do so, we cannot report you as that we received your letter. We will also tell you if we have delinquent without also reporting that you are questioning already corrected the error. your bill. We must tell you the name of anyone to whom we 2. Within 90 days of receiving your letter, we must either reported you as delinquent, and we must let those correct the error or explain to you why we believe the bill is organizations know when the matter has been settled correct. While we investigate whether or not there has between us. been an error:

BW-CCAG (Rev. 10/2020) 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 Purchases 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: Bank of the West BankCard Customer Service Department PO Box 2319 Omaha, NE 68172-9793 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.

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this Credit Card Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

BW-CCAG (Rev. 10/2020) Interest Rates, Interest Charges, and Fees – Cash Back World Mastercard® Card Interest Rates and Interest Charges Annual Percentage Rate Introductory APR for the first twelve months. (APR) for Purchases 0.00%

After that, your APR will be 15.99% to 22.99%, based on your creditworthiness.

This APR will vary with the market based on the Prime Rate.

APR for Balance Transfers 0.00% Introductory APR for the first twelve months. After that, your APR will be 15.99% to 22.99%, based on your creditworthiness.

This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99%

This APR will vary with the market based on the Prime Rate. Penalty APR and When it None Applies

Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Consumer Financial visit the website of the Consumer Financial Protection Bureau Protection Bureau at http://www.consumerfinance.gov/learnmore/.

Fees Annual Fee None Transaction Fees

• Balance Transfer Either $10 or 4% of the amount of each transfer, whichever is greater.

• Cash Advance Either $10 or 4% of the amount of each cash advance, whichever is greater.

• Foreign Transaction 3% of the U.S. Dollar amount of each such transaction. Penalty Fees

• Late Payment Up to $38 (Varies by State. See next page for details.).

• Returned Payment Up to $38 (Varies by State. See next page for details.).

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” See your Credit Card Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your Credit Card Agreement.

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due. Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

Interest Charges for Covered Members of the Armed Forces and Their Dependents: 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%. 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).

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659- 5495).

Doing business in South Dakota as Bank of the West California. CREDIT CARD AGREEMENT (Personal Accounts)

By requesting or accepting any Platinum Mastercard or necessary to verify Payments received on your Credit Card Cash Back World Mastercard account (individually or account. If we accept a payment from you in excess of your collectively called “Credit Card account” or “Account”) with outstanding balance, your available Credit Limit will not be Bank of the West, you agree to be bound by all the terms of increased by the amount of the overpayment nor will we be this Agreement and as applicable, the Bank of the West Cash required to authorize transactions for an amount in excess of Back Rewards Program Rules. In this Agreement, the words your Credit Limit. “you” or “your” mean everyone who has requested or 3. Temporary Reduction of Credit Limit. Merchants, accepted a Credit Card account with us. The words “we,” such as car rental companies and hotels, may request prior “us,” “our,” or “Bank” mean Bank of the West. If you do not credit approval from us for an estimated amount of your accept this Agreement or Program Rules, you must notify us Purchases, even if you ultimately do not pay by credit. If our in writing within 5 days after receipt. Use of your card or any approval is granted, your available Credit Limit will feature (including a balance transfer) of your Credit Card temporarily be reduced by the amount authorized by us. If Agreement shall constitute acceptance of this Agreement you do not ultimately use your Credit Card account to pay for and Program Rules. your Purchases or if the actual amount of Purchases posted to your Credit Card account varies from the estimated 1. Use. Your Platinum Mastercard or Cash Back World amount approved by us, it is the responsibility of the Mastercard (individually or collectively called “Card”) may be merchant, not us, to cancel the prior credit approval based used as a credit card for purchases of goods or services from on the estimated amount. The failure of the merchant to participating merchants (“Purchases”) or to get Cash cancel a prior credit approval may result in a temporary Advances from us or any other financial institution displaying reduction of your available Credit Limit, but will not increase the “MasterCard” logo, or to purchase certain items such as the amount you owe us under this Agreement. traveler's cheques, foreign currency, money orders, wire 4. Agreement to Pay. When you use your Card or Credit transfers, lottery tickets, and (except as noted below) funds Card account, or when you permit anyone to use it, you agree to be used for wagers or gambling (all of which are to pay the amount of any and all transactions (including any collectively referred to as “Cash Advances”) up to your Credit which may have been made in violation of this Agreement), Limit; provided, however, you may not use your Card (i) to and the INTEREST CHARGES, and fees that may become make Purchases or obtain Cash Advances for any illegal due as shown on the periodic statement. You agree that we transaction, or (ii) for any internet or online gambling may change or cancel your Credit Card account at any time transactions. Transactions for online or internet gambling will without affecting your obligation to pay the amounts that you not be approved. If you use your Card for any illegal or owe under this Agreement. prohibited transaction, this Agreement also applies to such 5. Periodic Statement. Each month we will send you a transaction and you agree to pay any and all amounts related periodic statement for each Credit Card account you have to such transaction pursuant to the terms of this Agreement. with us covering the previous billing period. We may not send We may, in our sole discretion, restrict the use of or terminate you a statement if your balance is less than $1 and there your Card if we notice excessive use of your Card or other were no transactions during the billing period. The statement suspicious activities or if we reasonably believe the Card is will have a “Statement Period Date”, “Statement Closing or has been used for one or more illegal or prohibited Date” and a “Payment Due Date,” and will show, among other transactions. You can also obtain a Cash Advance by writing things, your “Previous Balance,” your “New Balance,” and a special Mastercard check (“Convenience Check”). The your minimum monthly payment, which will be shown as Cash Advance will be posted to your Credit Card account “Minimum Payment Due.” when the Convenience Check reaches us. If you stop 6. Payment. You must make a payment by the “Payment payment on a Convenience Check, your Credit Card account Due Date.” You have two choices: You may pay the entire will be charged $16.00 (or as permitted by law) for each stop “New Balance” or you may pay in installments by paying at payment. We may designate that only a portion of your Credit least the “Minimum Payment Due.” When your payment is Limit is available for Cash Advances. In addition, you may properly received, we will allocate your payment in a manner request that we pay other creditors on your behalf and we determine except as otherwise required by law. The transfer approved amounts to your Account (“Balance Minimum Payment is applied first to fees, then to INTEREST Transfers”). CHARGES and finally to principal. We apply the Minimum Your Card may also be used in certain automated terminals Payment to balances with lower APRs, including introductory to gain access to your Credit Card accounts. We have no APRs, before balances with higher APRs. Payments made in responsibility for the failure of any machine, merchant, excess of the Minimum Payment will be applied first to financial institution, or any other party to honor your Card. balances with the highest ANNUAL PERCENTAGE RATE Your Card and Credit Card account may be used only for (APR) and then to each successive balance bearing the next valid and lawful purposes. If you use or allow someone else highest ANNUAL PERCENTAGE RATE. to use the Card or Credit Card account for any other purpose, Payments must be mailed to the BankCard Center address you will be responsible for such use and may be required to specified in your periodic statement and reach the BankCard reimburse us for all amounts or expenses we pay as a result Center during our regular business day by 5:00 p.m. Pacific of such use. Time for the payment to be credited the same business day. 2. Credit Limit. We will notify you of the Credit Limit for Payments made in person at one of our branches, or made each Credit Card account you have with us. You agree that by telephone, or made through our website or another your total charges, including Purchases, Cash Advances, website controlled by a third party on our behalf must be Balance Transfers, INTEREST CHARGES, and fees that received by 5:00 p.m. Pacific Time to be credited the same may be due will not exceed your Credit Limit. If you do go business day. Payments received after the cutoff time of 5:00 over your Credit Limit, you must repay the excess amount p.m. Pacific Time are credited as of the following business immediately, and we may reduce the available Credit Limit of day. If you fail to properly make payments, crediting of such any other Credit Card account you have with us until such payments may be delayed and you may incur late charges time the excess amount is repaid. You may apply to increase and additional interest as a result of the delay. Even when your Credit Limit at any time but we are not obligated to your payment is credited to your Account, we may delay the increase your Credit Limit at any time. Furthermore, we availability of part or all of your payment amount as credit for reserve the right to lower your Credit Limit at any time. For up to 15 days. security reasons, we may limit the number or amount of If a payment is returned to us for any reason, we may transactions that may be accomplished with your Card or apply a Returned Payment Fee of $27 for the first violation Credit Card account, and we have the right to limit and $38 for each subsequent violation within the next six authorizations to make transactions if we consider it billing cycles. The Returned Payment Fee for Iowa residents is $27 for the first violation and $30 for each subsequent BW-CCAG (Rev. 10/2020) violation within the next six billing cycles. If the Returned ANNUAL PERCENTAGE RATE may change each month on Payment Fee is greater than the Minimum Payment Due, the the first day of each of your billing cycles. Each date on which fee will be equal to the Minimum Payment Due. the rate of interest could change is called a “Change Date.” From time to time, we may let you skip or reduce one or Changes will be based on changes in the “Index.” The Index more monthly payments during a year and/or we may is the Prime Rate published in the “Money Rates” table of The temporarily reduce or eliminate certain INTEREST Wall Street Journal on the business day immediately CHARGES on all or a portion of your Credit Card account preceding the day your billing cycle ends. If the Index is no balance or offer you other special terms. If we do, we will longer available, we will choose a new index which is based advise you of the scope and duration of the applicable skip upon comparable information and will give you notice of our or promotional feature. When the skip or promotional feature choice. The ANNUAL PERCENTAGE RATE may increase or ends, your regular rates and all the terms of the Agreement decrease each month if the Index changes. Any new rate will will resume. be applied as of the first day of your billing cycle during which 7. Minimum Payment - Late Payment Fee. The “Minimum the Index has changed. If the ANNUAL PERCENTAGE Payment Due” must be received by us by the “Payment Due RATE increases, you will pay a higher INTEREST CHARGE, Date.” If it is not, we may apply a Late Payment Fee of up to which may result in a higher minimum payment. $27 for the first violation and up to $38 for each subsequent The interest rate for Purchases and Balance Transfers violation within the next six billing cycles. The Late Payment on your Platinum Credit Card account is based on a variable Fee for Iowa residents is up to $27 for the first violation and rate equal to the sum of the Index plus a “Rate Spread” of up to $30 for each subsequent violation within the next six 11.74 to 19.74 percentage points, based on your billing cycles. If such charge would result in an INTEREST creditworthiness. The interest rate for Purchases (after the CHARGE greater than the maximum allowed by law, we will Introductory Period) and Balance Transfers on your Cash only charge the maximum allowable rate. Your Minimum Back World Credit Card account is based on a variable rate Payment Due will be 3% of the New Balance plus any Late equal to the sum of the Index plus a “Rate Spread” of 12.74 Payment Fee (with a minimum of the lesser of $27 or your to 19.74 percentage points, based on your creditworthiness. New Balance) and any amount over your credit limit and past The interest rate for Cash Advances on your Account is due amount. based on a variable rate equal to the sum of the Index plus a 8. How to Avoid Paying Interest on Purchases. There “Rate Spread” of 21.74 percentage points. Immediately may be different treatment of INTEREST CHARGES for before each Change Date we will determine the new interest Purchases, Balance Transfers, and Cash Advances, even rate by adding the Rate Spread to the Index. The new interest though they are computed the same way. You may avoid rate will become effective at the start of your first billing cycle paying an INTEREST CHARGE on Purchases if we receive after the Change Date. Only one ANNUAL PERCENTAGE the entire New Balance by the Payment Due Date. If we do RATE and Daily Periodic Rate will be in effect for each not receive the entire New Balance by the Payment Due Balance Category during the billing period. The ANNUAL Date, the INTEREST CHARGE will be charged on the PERCENTAGE RATE will not exceed the maximum rate Purchases from the date of the transaction. INTEREST permitted by law. The effect of any increase in the ANNUAL CHARGES on all other balances, including Cash Advances PERCENTAGE RATE and the Daily Periodic Rate would be and Balance Transfers, begin on the transaction date and will to increase the amount of INTEREST CHARGE or interest be assessed even if your entire New Balance is paid by the you must pay and thus increase your monthly payments. Payment Due Date. 10. Transaction Fees. You also agree to pay us the 9. Computing Your INTEREST CHARGE. We figure the appropriate fees listed below (as permitted by applicable law) INTEREST CHARGE on each Credit Card account by which may be amended from time to time by us. You applying the periodic rate to the “Average Daily Balance” of authorize us to charge your Credit Card account for the each Balance Category on the Credit Card account, including following fees due to us. Cash Advance fee: 4.00% of each current transactions. Balance Categories include Purchases, Cash Advance, $10 minimum. Balance Transfer fee 4.00% Balance Transfers, Cash Advances, Introductory Rates and of each balance transferred, $10 minimum. any special rate offers we may make available from time to 11. Foreign Transaction Fee. Transactions that you make time. If you are charged interest, the charge will be no less in a foreign currency or that you make outside of the United than $1.00 (the minimum interest charge will appear as States of America even if it is made in U.S. dollars are “Minimum Charge” in the fees section of your statement). considered foreign transactions. If you make a transaction in a. Average Daily Balance. To obtain the daily balance a foreign currency it will be billed to you in U.S. Dollars. The for each Balance Category we take the beginning balance conversion rate to U.S. Dollars will be determined by each day and add new transactions applicable to each Mastercard International in accordance with their operating category, and subtract any payments, credits, and refunds regulations or conversion procedures in effect at the time the applied to the category. To figure your Average Daily transaction is processed. Currently, their regulations and Balance for each Balance Category, we add all your daily procedures provide that the currency conversion rate they balances and divide by the number of days in the billing use is either (1) a government-mandated rate or (2) a period. wholesale market rate, whichever is applicable, in effect one b. Figuring the INTEREST CHARGE. We compute the day prior to the processing date. We do not determine the INTEREST CHARGE for each Balance Category by currency conversion rate which is used. You agree to pay multiplying these Average Daily Balances by the applicable the converted amount in U.S. funds. In addition, Mastercard Daily Periodic Rate, and then we multiply the result by the will charge us (the Bank) an international transaction fee, number of days in the billing period. To determine the Daily currently equal to one percent (1.00%) of the transaction Periodic Rate for each Balance Category, we divide the amount. We will charge you the international transaction fee applicable ANNUAL PERCENTAGE RATE in effect for the imposed on us plus an additional two percent (2.00%) of the billing period by 365 (366 for leap year). The way we get the transaction amount whether that transaction was originally ANNUAL PERCENTAGE RATE for each Balance Category made in U.S. dollars or was made in another currency and is described below under “Fixed Rate” and “Variable Rate.” converted to U.S. dollars. These two fees will be aggregated c. Fixed Rate. Introductory ANNUAL PERCENTAGE and shown as one Foreign Transaction Fee on your RATES for Purchases, Balance Transfers or Cash Advances statement. may vary, if applicable. Please refer to your Account Opening 12. Other Fees. As allowed by law, we may charge, and Disclosures for specific introductory period and ANNUAL you agree to pay, fees for certain services or requests made PERCENTAGE RATES associated with your Account. After by you, such as but not limited to: Automated Teller Machine the Introductory Period ends, your regular ANNUAL (“ATM”) transactions conducted at machines not operated by PERCENTAGE RATES for Purchases, Balances Transfers us, requests for copies of billing statements, sales drafts, or or Cash Advances will apply. other records of your Account, or if you request a d. Variable Rate. The current ANNUAL PERCENTAGE replacement card(s). However, we will not charge fees for RATE for all variable rates is shown on the Account Opening copies of documents requested for a billing dispute. These Disclosure which has been provided to you with this fees may change from time to time. We will inform you of the Agreement. The Daily Periodic Rate and the corresponding fee(s) that you will incur prior to when the applicable

BW-CCAG (Rev. 10/2020)

service(s) is(are) provided or when you make the request(s), an automated terminal, or the use of the Card by anyone else as applicable. You authorize us to charge your Credit Card who uses it with your permission. Security in use of the Card account for any such fees that you incurs. We reserve the is provided by the secret code, which we will provide you, and right to waive a fee from time to time but a waiver does not the magnetically encoded stripe on the Card. Please keep mean we will continue to waive such fee in the future. the Card safe and also protect the secret code. Use the Card 13. Interest Charges for Covered Members of the and the secret code as instructed at all times. Please notify Armed Forces and Their Dependents: Federal law us of any mechanical or operating failure in connection with provides important protections to members of the Armed the use of your Card. Do not permit anyone else to use your Forces and their dependents relating to extensions of Card and do not disclose your secret code or record it on the consumer credit. In general, the cost of consumer credit to a Card. The Card remains the property of the Bank and can be member of the Armed Forces and his or her dependent may revoked and repossessed at any time. You must return it to not exceed an ANNUAL PERCENTAGE RATE of 36%. This us when asked. rate must include, as applicable to the credit transaction or e. Fees for Using Automated Terminal Services. Fees account: the costs associated with credit insurance may be charged for transactions made at automated teller premiums; fees for ancillary products sold in connection with machines not operated by us as described in paragraph 12- the credit transaction; any application fee charged (other than Other Fees. certain application fees for specified credit transactions or 16. Lost or Stolen Card; Your Liability for accounts); and any participation fee charged (other than Unauthorized Use. Tell us AT ONCE if you believe your certain participation fees for a credit card account). Card has been lost or stolen. Telephoning is the best way of If you are a covered member of the armed forces or a keeping your possible losses down. dependent, you will not be charged annual fees, transaction You may be liable for the unauthorized use of your Card fees, or penalty fees so that your cost may not exceed the as a credit card. You will not be liable for unauthorized use of Military Lending Act ANNUAL PERCENTAGE RATE cap. your Card as a credit card which occurs after you notify us at Armed Forces members and their dependents can hear the telephone number or address stated in paragraph 17, about the protections provided to them by calling 1-866-761- orally or in writing, of loss, theft, or possible unauthorized 2689 (TTY users call 1-800-659-5495). use. In any case, your liability for unauthorized use of your 14. Default. We may declare the entire balance for all Card as a credit card will not exceed $50.00. Credit Card accounts due and payable at once with or without 17. Where to Call or Write. If you believe your Card has notice or demand if any of these events (a “Default”) been lost or stolen or that someone is using your Card or happens: Credit Card account without your permission, call: a. If you miss a payment under this Agreement or any 1-800-996-2638 (for TTY call 1-800-659-5495) or write to: other obligation you owe us; or Bank of the West, BankCard Security Department, PO Box b. If you violate any terms of this Agreement. 2078, Omaha, NE 68103-2078. If you are in Default, we may terminate your Credit Card 18. Our Business Days. Our business days are Monday account, make no more additional loans, and require you to through Friday, except for bank holidays. immediately repay the entire unpaid balance of all amounts 19. Credit Investigation and Disclosure. You authorize due on your Credit Card account, including but not limited to us, both now and in the future, to check your credit and all loan amounts, late charges and other charges assessed employment history and to release information about our but not paid, and all of the INTEREST CHARGES accrued credit experience with you in response to legitimate credit but not paid. If we terminate your Credit Card account, your inquiries. If you believe that we have incorrect information or obligation to repay the amounts you already owe us would have reported inaccurate information about you to a credit continue. bureau, please call us at 1-800-996-2638 (for TTY call 1-800- At our option, we may also take action short of 659-5495). As required by law, you are hereby notified that terminating your Credit Card account. If we take such lesser a negative credit report reflecting on your credit history may action initially, we reserve the right to terminate your Credit be submitted to a credit reporting agency if you fail to fulfill Card account and accelerate all amounts due under this the terms of your credit obligations. Agreement regardless of whether any additional events have 20. Security Interest. We have no security for any occurred which would permit termination and acceleration. amounts which become due under this Agreement, even 15. Automated Terminal Services though any other agreement you may have with us, such as a. Automated Terminals. You may use your Card in the a mortgage, may provide for such a security interest, unless following automated terminals: you have given us a specific security interest in connection (1) Any Bank of the West automated teller machines. with this Agreement, which is described on the Supplement (2) Any other automated teller machine that is attached to this Agreement. participating in a network and accepts our Card (“Network 21. Collection. You promise to pay all collection costs, ATM”) and including, without limitation, mailgram charges, reasonable (3) Any point-of-sale terminal that accepts our Card lawyers’ fees and court costs, as permitted by law. (“POS terminal”). 22. If There are More Than One of You. Each of you b. Services Available at an Automated Terminal individually, or all of you together, will be liable under this (1) You may use your Card at a Bank of the West or Agreement. We may collect from or sue any one of you, or any Network ATM to: make any settlements or extensions with any one of you, (a) Get a Cash Advance from your Credit Card without giving up our rights against the other. You understand account. that any one of you can make Purchases, get Cash (b) Get your Credit Card account balances. These Advances, or perform Balance Transfers under this balances may not include some transactions recently made Agreement which will be binding upon all of you. in your Credit Card account. Some of the services described 23. Compliance with Laws/Sanctions. You agree to in subparagraphs (a) and (b) may not be available at all comply with all applicable laws and regulations, including Network ATMs. those relating to anti-bribery, anti-money laundering, the fight (c) You may use your Card at a POS terminal to against terrorism, and sanctions (“Sanctions”), that apply to purchase certain merchandise. The amount of your purchase the Bank or BNP Paribas S.A. You represent that you are not will automatically be charged to your Credit Card account as the target of Sanctions. You agree to hold the Bank harmless a Purchase. from liability for any actions taken by the Bank to comply with c. Limits of Automated Terminal Services - Cash applicable laws and regulations, including Sanctions. Advances. You may get a Cash Advance from a Bank of the 24. No Waiver of Rights. If we choose to waive any of the West Automated Terminal up to an aggregate amount of terms or conditions of this Agreement on a case-by-case $500 each calendar day, provided that this amount does not basis, such as by not declaring the entire balance due when exceed your Credit Limit. This amount may be less for Cash the minimum monthly payment has not been made on time, Advances from Network ATMs. it does not mean that we have waived, or given up, our right d. Card and Secret Code (PIN) Use. You are to exercise any of our rights or remedies under this responsible for all transactions in which you use your Card in Agreement in the future. We are not required to use any

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particular kind of demand or notice in order to collect agreement governed by this Agreement, or prior or later amounts due to us under this Agreement. No indulgence or versions of this Agreement, and any changes to the terms of acceptance by us of delinquent or partial payments constitute this Agreement will be subject to arbitration. Except as a waiver of our rights or of any provision of this Agreement. expressly provided, all disputes are subject to arbitration no No waiver of any existing default shall be deemed to waive matter the legal theory or remedy (damages, or injunctive or any subsequent default. declaratory relief) sought. Disputes include (1) any 25. Changing Terms. We can change, add to, delete or unresolved claims concerning any services relating to your otherwise modify the terms of this Agreement at any time in Account, including, without limitation, Purchases, Balance any way permitted by law. We will send you a notice of Transfers, Cash Advances, INTEREST CHARGES, your use change at least 45 days (or as required by applicable law) of any of our banking locations or facilities, or any means you before the effective date of the change. We do not have to use to access your Account; (2) any claims that arose before send you an advance notice of the change if it favors you, you and we entered into this Agreement (such as disputes such as by reducing rates, or increasing the maximum credit related to advertising) and after the termination of this limit. Except in cases where we are changing terms due to Agreement; (3) not only claims made directly by you, but also the Minimum Payment Due not being received within 60 days made by anyone connected with you or claiming through you, of the Payment Due Date, you agree that the change may such as an authorized user, a beneficiary, employee, cover all transactions made 15 days after we mail the notice. representative, agent, predecessor or successor, heir, If you do not agree to the change, a method for rejecting the assignee, or trustee in bankruptcy; (4) not only claims that change and closing the Account will be provided in the relate directly to us, but also our parent, affiliates, Change of Terms Notice. You agree that if you use your successors, assignees, employees, and agents and claims card after the effective date of the change, this will constitute for which we may be directly or indirectly liable, even if we your agreement with the change. are not properly named at the time the claim is made; (5) 26. Canceling this Agreement. We have the right to claims based on any theory of law, contract, statute, cancel this Agreement at any time by sending a notice to any regulation, tort (including fraud or any intentional tort), or any one of you in writing. You also have the same right to cancel other legal or equitable ground, and include claims made as this Agreement at any time by sending us a notice in writing counterclaims, cross-claims, third party claims, interpleaders or calling the BankCard Center at 1-800-996-2638 (for TTY or otherwise; (6) claims made as part of a class action or call 1-800-659-5495). If this Agreement is canceled by you or other representative action, being expressly understood and us, your obligation is to repay amounts you already owe agreed that arbitration of such claims must proceed on an under this Agreement. In either case, the Account will be individual (non-class, non-representative) basis; and (7) closed and you will no longer have access to the Account. claims relating to the enforceability or interpretation of this 27. Governing Law. This Agreement will be governed by arbitration provision. A party who initiates a proceeding in the laws of the State of Nebraska, and, as applicable, federal court may elect arbitration with respect to any dispute law, regardless of where the transactions are made. advanced in that proceeding by any other party. This 28. Monitoring/Recording Telephone Calls. Our arbitration provision shall survive any termination of this supervisory personnel may listen to and record your Agreement or your Account. telephone calls to us for the purpose of monitoring and c. Disputes Not Covered By Arbitration. Disputes improving the quality of service you receive. filed by you or by us individually in a small claims court are 29. Severability. All other provisions of this Agreement not subject to arbitration if the disputes remain in such court shall remain in full force even if one or more provisions of this and advance only as an individual claim for relief. Agreement are held invalid, illegal, void or unenforceable by d. Opt Out. You have the right to opt out of arbitration any rule or law, administrative order or judicial decision. by sending a signed written notice stating your decision to 30. Authorized User. If you elect to have an authorized opt out of arbitration to BANK OF THE WEST at Loan user, you will be liable for all transactions made by that user Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days on your Account. Any authorized user is not a contractually after the date you opened your Account (“Account Open liable party. Date”). 31. Our Communications with You. You agree that we, e. Commencing an Arbitration. The party initiating any of our affiliates, agents, independent contractors or arbitration must choose one of the following arbitration service providers may monitor and record telephone calls forums to administer arbitration under the forum’s rules regarding your banking services to assure the quality of our (except as modified by this Agreement): (i) the American service or for other reasons. You expressly consent that we, Arbitration Association (“AAA”) under AAA’s Consumer any of our affiliates, agents, independent contractors or Arbitration Rules available at www.adr.org or 1-800-778- service providers may use written, electronic, or verbal 7879; (ii) JAMS under JAMS’ Comprehensive Arbitration means, or any other medium, as permitted by law and Rules & Procedures or Streamlined Arbitration Rules & including, but not limited to, mail and facsimile, to contact Procedures, including JAMS’ Consumer Minimum Standards you. Your consent includes, but is not limited to, contact by (but not JAMS’ Class Action Procedures), available at manual calling methods, prerecorded or artificial voice www.jamsadr.com or 1-800-352-5267. messages, text messages, e-mails and/or automatic f. Arbitration Procedure. Arbitration shall be decided telephone dialing systems. You agree that we, any of our by a single neutral arbitrator selected in accordance with affiliates, agents, independent contractors or service AAA’s or JAMS’ rules, as applicable. The arbitrator will providers may contact you by using any e-mail or any decide the dispute in accordance with the terms of our telephone number you provide, including a telephone agreements and applicable substantive law, including the number for a cellular phone or other wireless device, Federal Arbitration Act and applicable statutes of limitation. regardless of whether you incur any charges as a result. The arbitrator shall honor claims of privilege recognized at 32. RESOLUTION OF DISPUTES BY ARBITRATION. law. Except as otherwise provided, the arbitrator may award PLEASE READ THIS ARBITRATION PROVISION damages or other relief (including injunctive relief) available CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU to the individual claimant under applicable law. The arbitrator WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT will not have the authority to award relief to, or against, any BEFORE A JUDGE OR JURY AND TO BRING OR person or entity who is not a party to the arbitration. An award PARTICIPATE IN ANY CLASS OR OTHER in arbitration shall determine the rights and obligations REPRESENTATIVE ACTION. between the named parties only, and only with respect to the a. Agreement to Arbitrate Disputes. Except as dispute in arbitration and shall not have any bearing on the otherwise provided, if you are unable to resolve a dispute rights and obligations of any other persons, or on the with us informally, you and we agree that the dispute will be resolution of any other dispute. The arbitrator will take resolved through the binding arbitration process set forth in reasonable steps to protect your Account information and this arbitration provision upon demand by either you or us. other proprietary or confidential information. Any arbitration b. Disputes Covered By Arbitration. Except as hearing shall take place in the same city as the U.S. District otherwise provided, any dispute relating to or arising out of Court closest to your home address, unless the parties agree your Account or this Agreement, including any aspect of any in writing to a different location or the arbitrator so orders. If

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you seek a total recovery of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a i. Arbitration Costs. We will pay the filing, telephonic hearing, or by an in-person hearing in accordance administrative and/or arbitrator’s fees or compensation with AAA’s or JAMS’ rules. At your or our request, the (“Arbitration Fees”) that we are required to pay pursuant to arbitrator will issue a reasoned written decision sufficient to the arbitration forums’ rules or the law. In addition, with explain the essential findings and conclusions on which the respect to Arbitration Fees that you are required to pay under award is based. The arbitrator’s award shall be final and the arbitration forum’s rules in connection with an individual binding, subject to judicial review only to the extent allowed arbitration you have commenced against us, if you would like under the Federal Arbitration Act. You or we may seek to us to consider paying them because you are unable to do so, have the award vacated or confirmed and entered as a you must first request a waiver or reduction of the Arbitration judgment in any court with jurisdiction. Fees from the arbitration forum. If the request is denied or g. No Class Action or Joinder of Parties. You and we you remain unable to pay the reduced Arbitration Fees, we agree that no class action, private attorney general or other will consider paying them if we receive a written request by representative claims may be pursued in arbitration and no you sent to Bank of the West Legal Department, 180 such action may be pursued in court if either you or we elect Montgomery Street, San Francisco, California 94104. arbitration. Unless mutually agreed to by you and us, claims j. Applicable Law. You and we are participating in of two or more persons may not be joined, consolidated, or transactions that involve interstate commerce and this otherwise brought together in the same arbitration (unless arbitration provision and any resulting arbitration are those persons are joint account holders or beneficiaries on governed by the Federal Arbitration Act. To the extent state your Account or related accounts, or parties to a single law applies, the laws of the state governing your Account transaction or related transaction). relationship apply. No state statute pertaining to arbitration h. Public Injunctive Relief Waiver. If either you or we shall apply. elect to arbitrate a dispute, neither you nor we will have the k. Severability. Except as provided in ”Public Injunctive right to seek a public injunction in arbitration or in court, if Relief Waiver,” if any part of this arbitration provision such a waiver is permitted by the FAA. If any waiver of regarding joinder, consolidation, class actions, class public injunctive relief in this arbitration provision (as set arbitrations, general public or private attorney general forth in any part of this arbitration provision) is found to be actions is found to be illegal or unenforceable, that invalid invalid or unenforceable, and that decision is not reversed part shall not be severable and this entire agreement to on appeal, any claim for a public injunction will be decided arbitrate disputes shall be unenforceable. If any other part of in court after all other disputes to be decided in arbitration this arbitration provision, including “Public Injunctive Relief under this arbitration provision are arbitrated and the Waiver,” is deemed to be invalid or unenforceable, that arbitration award regarding individual relief has been invalid part will be severed from the remainder of this entered in court. In no event will a claim for public injunctive arbitration provision and the remainder of this arbitration relief be arbitrated. As set forth in “Severability” below, the provision will be enforced. invalidity or unenforceability of this paragraph will not affect the validity or enforceability of the remainder of this arbitration provision. Your Billing Rights Keep This Notice 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 • We cannot try to collect the amount in question, or If you think there is an error on your statement, write to us at: report you as delinquent on that amount. Bank of the West • The charge in question may remain on your BankCard Customer Service Department statement, and we may continue to charge you PO Box 2319 interest on that amount. Omaha, NE 68172-9793 • While you do not have to pay the amount in In your letter, give us the following information: question, you are responsible for the remainder of • Account information: Your name and Credit Card your balance. account number. • We can apply any unpaid amount against your • Dollar amount: The dollar amount of the suspected credit limit. error. • Description of problem: If you think there is an error After we finish our investigation, one of two things will on your bill, describe what you believe is wrong and happen: why you believe it is a mistake. You must contact us: • If we made a mistake: You will not have to pay the • Within 60 days after the error appeared on your amount in question or any interest or other fees statement. related to that amount. • At least 3 business days before an automated • If we do not believe there was a mistake: You will payment is scheduled, if you want to stop payment have to pay the amount in question, along with on the amount you think is wrong. applicable interest and fees. We will send you a You must notify us of any potential errors in writing [or statement of the amount you owe and the date electronically]. You may call us, but if you do we are not payment is due. We may then report you as required to investigate any potential errors and you may have delinquent if you do not pay the amount we think to pay the amount in question. you owe.

What Will Happen After We Receive Your Letter If you receive our explanation but still believe your bill is When we receive your letter, we must do two things: wrong, you must write to us within 10 days telling us that you 1. Within 30 days of receiving your letter, we must tell you still refuse to pay. If you do so, we cannot report you as that we received your letter. We will also tell you if we have delinquent without also reporting that you are questioning already corrected the error. your bill. We must tell you the name of anyone to whom we 2. Within 90 days of receiving your letter, we must either reported you as delinquent, and we must let those correct the error or explain to you why we believe the bill is organizations know when the matter has been settled correct. While we investigate whether or not there has between us. been an error:

BW-CCAG (Rev. 10/2020)

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 Purchases 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: Bank of the West BankCard Customer Service Department PO Box 2319 Omaha, NE 68172-9793 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.

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this Credit Card Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

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Interest Rates, Interest Charges, and Fees – Bank of the West Wealth Management World Elite™ Mastercard® Credit Card Interest Rates and Interest Charges Annual Percentage Rate Introductory APR for the first six months. (APR) for Purchases 0.00%

After that, your APR will be 7.15%. This APR will vary with the market based

on the Prime Rate. APR for Balance Transfers 7.15%

This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99%

This APR will vary with the market based on the Prime Rate. Penalty APR and When it None Applies

Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit the Consumer Financial card, visit the website of the Consumer Financial Protection Bureau Protection Bureau at http://www.consumerfinance.gov/learnmore/.

Fees Annual Fee $2951 Transaction Fees

• Balance Transfer Either $10or 4% of the amount of each transfer, whichever is greater.

• Cash Advance Either $10 or 4% of the amount of each cash advance, whichever is greater.

• Foreign Transaction None Penalty Fees

• Late Payment Up to $38 (Varies by State. See next page for details)

• Returned Payment Up to $38 (Varies by State. See next page for details)

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” See your Credit Card Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your Credit Card Agreement.

1 The Wealth Management World Elite MasterCard Credit Card is subject to an Annual Membership Fee if you do not maintain Eligible Qualified Balances of $250,000 or more. For details, refer to the Wealth Management World Elite MasterCard Credit Card Agreement.

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

Continued on next page Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation withing next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

Interest Charges for Covered Members of the Armed Forces and Their Dependents: 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%. 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).

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659-5495).

Doing business in South Dakota as Bank of the West California. CREDIT CARD AGREEMENT (Wealth Management World EliteTM Mastercard® Credit Card)

The terms of the Bank of the West Wealth Management at any time. For security reasons, we may limit the number World Elite Mastercard Credit Card are available to the or amount of transactions that may be accomplished with Bank’s Wealth Management clients. your Card or Credit Card account, and we have the right to limit authorizations to make transactions if we consider it By requesting or accepting any Wealth Management World necessary to verify Payments received on your Credit Card Elite Mastercard Credit Card account (individually or account. If we accept a payment from you in excess of your collectively called “Credit Card account” or “Account”) with outstanding balance, your available Credit Limit will not be Bank of the West, you agree to be bound by all the terms of increased by the amount of the overpayment nor will we be this Agreement. In this Agreement, the words “you” or “your” required to authorize transactions for an amount in excess mean everyone who has requested or accepted a Credit of your Credit Limit. Card account with us. The words “we,” “us,” “our,” or “Bank” 3. Temporary Reduction of Credit Limit. Some mean Bank of the West. If you do not accept this merchants (for example, car rental companies and hotels) Agreement, you must notify us in writing within 5 days after may request prior credit approval from us for an estimated receipt. Use of your card or any feature (including a balance amount of your Purchases, even if you ultimately do not pay transfer) of your Credit Card Agreement shall constitute by credit. If our approval is granted, your available Credit acceptance of this Agreement. Limit will temporarily be reduced by the amount authorized by us. If you do not ultimately use your Credit Card account 1. Use. Your Wealth Management World Elite Mastercard to pay for your Purchases or if the actual amount of Credit Card (individually or collectively called “Card”) may be Purchases posted to your Credit Card account varies from used as a credit card for purchases of goods or services the estimated amount approved by us, it is the responsibility from participating merchants (“Purchases”) or to get Cash of the merchant, not us, to cancel the prior credit approval Advances from us or any other financial institution displaying based on the estimated amount. The failure of the merchant the “Mastercard” logo, or to purchase certain items such as to cancel a prior credit approval may result in a temporary traveler's cheques, foreign currency, money orders, wire reduction of your available Credit Limit, but will not increase transfers, lottery tickets, and (except as noted below) funds the amount you owe us under this Agreement. to be used for wagers or gambling (all of which are 4. Agreement to Pay. When you use your Card or Credit collectively referred to as “Cash Advances”) up to your Card account, or when you permit anyone to use it, you Credit Limit; provided, however, you may not use your Card agree to pay the amount of any and all transactions (i) to make Purchases or obtain Cash Advances for any (including any which may have been made in violation of this illegal transaction, or (ii) for any internet or online gambling Agreement), and the INTEREST CHARGES and fees that transactions. Transactions for online or internet gambling may become due as shown on the periodic statement. You will not be approved. If you use your Card for any illegal or agree that we may change or cancel your Credit Card prohibited transaction, this Agreement also applies to such account at any time without affecting your obligation to pay transaction and you agree to pay any and all amounts the amounts that you owe under this Agreement. related to such transaction pursuant to the terms of this 5. Periodic Statement. Each month we will send you a Agreement. We may, in our sole discretion, restrict the use periodic statement for each Credit Card account you have of or terminate your Card if we notice excessive use of your with us covering the previous billing period. We may not Card or other suspicious activities or if we reasonably send you a statement if your balance is less than $1 and believe the Card is or has been used for one or more illegal there were no transactions during the billing period. The or prohibited transactions. You can also obtain a Cash statement will have a “Statement Period Date”, “Statement Advance by writing a special Mastercard check Closing Date” and a “Payment Due Date,” and will show, (“Convenience Check”). The Cash Advance will be posted among other things, your “Previous Balance,” your “New to your Credit Card account when the Convenience Check Balance,” and your minimum monthly payment, which will be reaches us. If you stop payment on a Convenience Check, shown as “Minimum Payment Due.” your Credit Card account will be charged $16.00 (or as 6. Payment. You must make a payment by the “Payment permitted by law) for each stop payment. We may designate Due Date.” You have two choices: You may pay the entire that only a portion of your Credit Limit is available for Cash “New Balance” or you may pay in installments by paying at Advances. In addition, you may request that we pay other least the “Minimum Payment Due.” When your payment is creditors on your behalf and transfer approved amounts to properly received, we will allocate your payment in a manner your Account (“Balance Transfers”). we determine except as otherwise required by law. The Your Card may also be used in certain automated Minimum Payment is applied first to fees, then to terminals to gain access to your Credit Card accounts. We INTEREST CHARGES and finally to principal. We apply the have no responsibility for the failure of any machine, Minimum Payment to balances with lower APRs, including merchant, financial institution, or any other party to honor introductory APRs, before balances with higher APRs. your Card. Your Card and Credit Card account may be used Payments made in excess of the Minimum Payment will be only for valid and lawful purposes. If you use or allow applied first to balances with the highest ANNUAL someone else to use the Card or Credit Card account for PERCENTAGE RATE (APR) and then to each successive any other purpose, you will be responsible for such use and balance bearing the next highest ANNUAL PERCENTAGE may be required to reimburse us for all amounts or RATE. expenses we pay as a result of such use. Payments must be mailed to the BankCard Center 2. Credit Limit. We will notify you of the Credit Limit for address specified in your periodic statement and reach the each Credit Card account you have with us. You agree that BankCard Center during our regular business day by 5:00 your total charges, including Purchases, Cash Advances, p.m. Pacific Time for the payment to be credited the same Balance Transfers, INTEREST CHARGES, and fees that business day. Payments made in person at one of our may be due will not exceed your Credit Limit. If you do go branches, or made by telephone, or made through our over your Credit Limit, you must repay the excess amount website or another website controlled by a third party on our immediately, and we may reduce the available Credit Limit behalf must be received by 5:00 p.m. Pacific Time to be of any other Credit Card account you have with us until such credited the same business day. Payments received after time the excess amount is repaid. You may apply to the cutoff time of 5:00 p.m. Pacific Time are credited as of increase your Credit Limit at any time but we are not the following business day. If you fail to properly make obligated to increase your Credit Limit at any time. payments, crediting of such payments may be delayed and Furthermore, we reserve the right to lower your Credit Limit you may incur late charges and additional interest as a

BW-WECCAG (Rev. 10/2020)

result of the delay. Even when your payment is credited to c. Fixed Rate. Introductory ANNUAL PERCENTAGE your Account, we may delay the availability of part or all of RATES for Purchases, Balance Transfers or Cash your payment amount as credit for up to 15 days. Advances may vary, if applicable. Please refer to your If a payment is returned to us for any reason, we may Account Opening Disclosures for specific introductory period apply a Returned Payment Fee of $27 for the first violation and ANNUAL PERCENTAGE RATES associated with your and $38 for each subsequent violation within the next six Account. After the Introductory Period ends, your regular billing cycles. The Returned Payment Fee for Iowa residents ANNUAL PERCENTAGE RATES for Purchases, Balances is $27 for the first violation and $30 for each subsequent Transfers or Cash Advances will apply. violation within the next six billing cycles. If the Returned d. Variable Rate. The current ANNUAL PERCENTAGE Payment Fee is greater than the Minimum Payment Due, RATE for all variable rates is shown on the Account the fee will be equal to the Minimum Payment Due. Opening Disclosure which has been provided to you with From time to time, we may let you skip or reduce one or this Agreement. The Daily Periodic Rate and the more monthly payments during a year and/or we may corresponding ANNUAL PERCENTAGE RATE may change temporarily reduce or eliminate certain INTEREST each month on the first day of each of your billing cycles. CHARGES on all or a portion of your Credit Card account Each date on which the rate of interest could change is balance or offer you other special terms. If we do, we will called a “Change Date.” Changes will be based on changes advise you of the scope and duration of the applicable skip in the “Index.” The Index is the Prime Rate published in the or promotional feature. When the skip or promotional “Money Rates” table of The Wall Street Journal on the feature ends, your regular rates and all the terms of the business day immediately preceding the day your billing Agreement will resume. cycle ends. If the Index is no longer available, we will 7. Minimum Payment - Late Payment Fee. At least the choose a new index which is based upon comparable amount of the “Minimum Payment Due” must be received by information and will give you notice of our choice. The us by the “Payment Due Date.” If it is not, we may apply a ANNUAL PERCENTAGE RATE may increase or decrease Late Payment fee of $27 for the first violation and $38 for each month if the Index changes. Any new rate will be each subsequent violation within the next six billing cycles. applied as of the first day of your billing cycle during which The Late Payment fee for Iowa residents is $27 for the first the Index has changed. If the ANNUAL PERCENTAGE violation and $30 for the subsequent violation within the next RATE increases, you will pay a higher INTEREST six billing cycles. If the Late Payment fee is greater than the CHARGE, which may result in a higher minimum payment. Minimum Payment Due, the fee will be equal to the Your interest rate for Purchases (after the Introductory Minimum Payment Due. If such charge would result in an Period) and Balance Transfers on your Wealth Management INTEREST CHARGE greater than the maximum allowed by World Elite Mastercard Account is based on a variable rate law, we will only charge the maximum allowable rate. Your equal to the sum of the Index plus a “Rate Spread” of 3.90 Minimum Payment Due will be 3% of the New Balance plus percentage points. The interest rate for Cash Advances on any Late Payment fee (with a minimum of the lesser of $27 your Account is based on a variable rate equal to the sum of or your New Balance) and any amount over your credit limit the Index plus a “Rate Spread” of 21.74 percentage points. and past due amount. Immediately before each Change Date we will determine the new interest rate by adding the Rate Spread to the Index. 8. How to Avoid Paying Interest on Purchases. There The new interest rate will become effective at the start of may be different treatment of INTEREST CHARGES for your first billing cycle after the Change Date. Only one Purchases, Balance Transfers, and Cash Advances, even ANNUAL PERCENTAGE RATE and Daily Periodic Rate will though they are computed the same way. You may avoid be in effect for each Balance Category during the billing paying an INTEREST CHARGE on Purchases if we receive period. The ANNUAL PERCENTAGE RATE will not exceed the entire New Balance by the Payment Due Date. If we do the maximum rate permitted by law. The effect of any not receive the entire New Balance by the Payment Due increase in the Annual Percentage Rate ANNUAL Date, the INTEREST CHARGE will be charged on the PERCENTAGE RATE and the Daily Periodic Rate would be Purchases from the date of the transaction. INTEREST to increase the amount of INTEREST CHARGE or interest CHARGES on all other balances, including Cash Advances you must pay and thus increase your monthly payments. and Balance Transfers, begin on the transaction date and 10. Transaction Fees. You also agree to pay us the will be assessed even if your entire New Balance is paid by appropriate fees listed below (as permitted by applicable the Payment Due Date. law) which may be amended from time to time by us. You We figure the 9. Computing Your INTEREST CHARGE. authorize us to charge your Credit Card account for the INTEREST CHARGE on each Credit Card account by following fees due to us. Balance Transfer fee: 4.00% of applying the periodic rate to the “Average Daily Balance” of each balance transferred, $10 minimum. Cash Advance fee: each Balance Category on the Credit Card account, 4.00% of each Cash Advance, $10 minimum. including current transactions. Balance Categories include 11. Foreign Transactions. Transactions that you make Purchases, Balance Transfers, Cash Advances, in a foreign currency or that you make outside of the United Introductory Rates and any special rate offers we may make States of America even if it is made in U.S. dollars are available from time to time. If you are charged interest, the considered foreign transactions. If you make a transaction charge will be no less than $1.00 (the minimum interest in a foreign currency it will be billed to you in U.S. Dollars. charge will appear as “Minimum Charge” in the fees section The conversion rate to U.S. Dollars will be determined by of your statement). Mastercard International in accordance with their operating a. To obtain the daily balance Average Daily Balance. regulations or conversion procedures in effect at the time for each Balance Category we take the beginning balance the transaction is processed. Currently, their regulations and each day and add new transactions applicable to each procedures provide that the currency conversion rate they category, and subtract any payments, credits, and refunds use is either (1) a government-mandated rate or (2) a applied to the category. To figure your Average Daily wholesale market rate, whichever is applicable, in effect one Balance for each Balance Category, we add all your daily day prior to the processing date. We do not determine the balances and divide by the number of days in the billing currency conversion rate which is used. You agree to pay period. the converted amount in U.S. funds. b. Figuring the INTEREST CHARGE. We compute the INTEREST CHARGE for each Balance Category by 12. Annual Membership Fee. The Wealth Management multiplying these Average Daily Balances by the applicable World Elite Mastercard Credit Card is subject to an Annual Daily Periodic Rate, and then we multiply the result by the Membership Fee of $295. The Annual Membership Fee will number of days in the billing period. To determine the Daily be assessed in the first billing cycle after Account opening Periodic Rate for each Balance Category, we divide the and annually thereafter. A credit in the amount of the Annual applicable ANNUAL PERCENTAGE RATE in effect for the Membership Fee (the “AMF Credit”) for the first year will billing period by 365 (366 for leap year). The way we get the appear on your first billing statement. No later than the first ANNUAL PERCENTAGE RATE for each Balance Category business day of the last month of the quarter preceding the is described below under “Fixed Rate” and “Variable Rate.” annual anniversary of the Account’s opening date (Annual Fee Determination Date), the Bank will determine whether

BW-WECCAG (Rev. 10/2020)

or not to apply the AMF Credit by evaluating your month-end initially, we reserve the right to terminate your Credit Card Eligible Qualified Balances for the prior 3 consecutive account and accelerate all amounts due under this months selected by the Bank. The AMF Credit will be Agreement regardless of whether any additional events applied if you maintain month-end Eligible Qualified have occurred which would permit termination and Balances of $250,000 or more, as calculated by the Bank, in acceleration. any one of the prior 3 consecutive months used to evaluate 16. Automated Terminal Services eligibility. If you do not qualify for the AMF Credit, within 90 a. Automated Terminals. You may use your Card in days of the fee being charged, you can increase your the following automated terminals: Eligible Qualified Balances or close your Account and (1) Any Bank of the West automated teller machines. request to have the AMF Credit applied retroactively. (2) Any other automated teller machine that is The term “Eligible Qualified Balances” used in this participating in a network and accepts our Card (“Network Agreement means and shall include (i) deposits and ATM”) and investments maintained with the Bank, including those (3) Any point-of-sale terminal that accepts our Card maintained with the Bank’s Investment Management or (“POS terminal”). Trust Services departments, and (ii) investment balances b. Services Available at an Automated Terminal with the Bank’s affiliate, BancWest Investment Services, (1) You may use your Card at a Bank of the West or Inc. Eligible Qualified Balances may be owned by you any Network ATM to: directly, or held in any trust controlled by you as settlor and (a) Get a Cash Advance from your Credit Card trustee. Deposits or investments held by business entities account. that are wholly-owned and controlled by you may also be (b) Get your Credit Card account balances. These included. Eligible Qualified Balances do not include any balances may not include some transactions recently made account prohibited by law or which the inclusion of may in your Credit Card account. Some of the services described result in a breach of any fiduciary duty, law or regulation, in subparagraphs (a) and (b) may not be available at all including the Employee Retirement Income Security Act of Network ATMs. 1974 (“ERISA”). (c) You may use your Card at a POS terminal to 13. Other Fees. As allowed by law, we may charge, and purchase certain merchandise. The amount of your you agree to pay, fees for certain services or requests made purchase will automatically be charged to your Credit Card by you, such as but not limited to: Automated Teller Machine account as a Purchase. (“ATM”) transactions conducted at machines not operated c. Limits of Automated Terminal Services - Cash by us, requests for copies of billing statements, sales drafts, Advances. You may get a Cash Advance from a Bank of or other records of your Account, or if you request a the West Automated Terminal up to an aggregate amount of replacement card(s). However, we will not charge fees for $1,000 each calendar day, provided that this amount does copies of documents requested for a billing dispute. These not exceed your Credit Limit. This amount may be less for fees may change from time to time. We will inform you of Cash Advances from Network ATMs. the fee(s) that you will incur prior to when the applicable d. Card and Secret Code (PIN) Use. You are service(s) is(are) provided or when you make the request(s), responsible for all transactions in which you use your Card as applicable. You authorize us to charge your Credit Card in an automated terminal, or the use of the Card by anyone account for any such fees that you incur. We reserve the else who uses it with your permission. Security in use of the right to waive a fee from time to time but a waiver does not Card is provided by the secret code, which we will provide mean we will continue to waive such fee in the future. you, and the magnetically encoded stripe on the Card. You 14. Interest Charges for Covered Members of the are responsible for keeping the Card safe and also for Armed Forces and Their Dependents: Federal law protecting the secret code. Use the Card and the secret provides important protections to members of the Armed code only as instructed at all times. Please notify us of any Forces and their dependents relating to extensions of mechanical or operating failure in connection with the use of consumer credit. In general, the cost of consumer credit to a your Card. Do not permit anyone else to use your Card and member of the Armed Forces and his or her dependent may do not disclose your secret code or record it on the Card. not exceed an annual percentage rate of 36%. This rate The Card remains the property of the Bank and can be must include, as applicable to the credit transaction or revoked and repossessed at any time. You must return it to account: the costs associated with credit insurance us when asked. premiums; fees for ancillary products sold in connection with e. Fees for Using Automated Terminal Services. the credit transaction; any application fee charged (other Fees may be charged for transactions made at automated than certain application fees for specified credit transactions teller machines not operated by us as described in or accounts); and any participation fee charged (other than paragraph 13-Other Fees. certain participation fees for a credit card account). 17. Lost or Stolen Card; Your Liability for If you are a covered member of the armed forces or a Unauthorized Use. Tell us AT ONCE if you believe your dependent, you will not be charged annual fees, transaction Card has been lost or stolen. Telephoning is the best way of fees, or penalty fees so that your cost may not exceed the keeping your possible losses down. Military Lending Act annual percentage rate cap. Armed You may be liable for the unauthorized use of your Card Forces members and their dependents can hear about the as a credit card. You will not be liable for unauthorized use protections provided to them by calling 1-866-761-2689 of your Card as a credit card which occurs after you notify (TTY users call 1-800-659-5495). us at the telephone number or address stated in paragraph 15. Default. We may declare the entire balance for all 18 orally or in writing, of loss, theft, or possible unauthorized Credit Card accounts due and payable at once with or use. In any case, your liability for unauthorized use of your without notice or demand if any of these events (a “Default”) Card as a credit card will not exceed $50.00. happens: 18. Where to Call or Write. If you believe your Card has a. If you miss a payment under this Agreement or any been lost or stolen or that someone is using your Card or other obligation you owe us; or Credit Card account without your permission, call: 1-866- b. If you violate any terms of this Agreement. 218-4959 (for TTY all 1-800-659-5495) or write to: Bank of If you are in Default, we may terminate your Credit Card the West, BankCard Security Department, PO Box 2078, account, make no more additional loans, and require you to Omaha, NE 68103-2078. immediately repay the entire unpaid balance of all amounts 19. Our Business Days. Our business days are Monday due on your Credit Card account, including but not limited to through Friday, except for bank holidays. all loan amounts, late charges and other charges assessed 20. Credit Investigation and Disclosure. You authorize but not paid, and all of the INTEREST CHARGES accrued us, both now and in the future, to check your credit and but not paid. If we terminate your Credit Card account, your employment history and to release information about our obligation to repay the amounts you already owe us would credit experience with you in response to legitimate credit continue. inquiries. If you believe that we have incorrect information or At our option, we may also take action short of terminating have reported inaccurate information about you to a credit your Credit Card account. If we take such lesser action

BW-WECCAG (Rev. 10/2020)

bureau, please call us at 1-866-218-4959 (for TTY call 1- unenforceable by any rule or law, administrative order or 800-659-5495). judicial decision. 21. Security Interest. We have no security for any 31. Authorized User. If you elect to have an authorized amounts which become due under this Agreement, even user, you will be liable for all transactions made by that user though any other agreement you may have with us, such as on your Account. Any authorized user is not a contractually a mortgage, may provide for such a security interest, unless liable party. you have given us a specific security interest in connection 32. Our Communications with You. You agree that we, with this Agreement, which is described on the Supplement any of our affiliates, agents, independent contractors or attached to this Agreement. service providers may monitor and record telephone calls 22. Collection. You promise to pay all collection costs, regarding your banking services to assure the quality of our including, without limitation, mailgram charges, reasonable service or for other reasons. You expressly consent that we, lawyers’ fees and court costs, as permitted by law. any of our affiliates, agents, independent contractors or 23. If There are More Than One of You. Each of you service providers may use written, electronic, or verbal individually, or all of you together, will be liable under this means, or any other medium, as permitted by law and Agreement. We may collect from or sue any one of you, or including, but not limited to, mail and facsimile, to contact make any settlements or extensions with any one of you, you. Your consent includes, but is not limited to, contact by without giving up our rights against the other. You manual calling methods, prerecorded or artificial voice understand that any one of you can make Purchases, get messages, text messages, e-mails and/or automatic Cash Advances, or perform Balance Transfers under this telephone dialing systems. You agree that we, any of our Agreement which will be binding upon all of you. affiliates, agents, independent contractors or service 24. Compliance with Law/Sanctions. You agree to providers may contact you by using any e-mail or any comply with all applicable laws and regulations, including telephone number you provide, including a telephone those relating to anti-bribery, anti-money laundering, the number for a cellular phone or other wireless device, fight against terrorism, and sanctions (“Sanctions”), that regardless of whether you incur any charges as a result. apply to the Bank or BNP Paribas S.A. You represent that 33. RESOLUTION OF DISPUTES BY ARBITRATION. you are not the target of Sanctions. You agree to hold the PLEASE READ THIS ARBITRATION PROVISION Bank harmless from liability for any actions taken by the CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU Bank to comply with applicable laws and regulations, WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT including Sanctions. BEFORE A JUDGE OR JURY AND TO BRING OR 25. No Waiver of Rights. If we choose to waive any of PARTICIPATE IN ANY CLASS OR OTHER the terms or conditions of this Agreement on a case-by-case REPRESENTATIVE ACTION. basis, such as by not declaring the entire balance due when a. Agreement to Arbitrate Disputes. Except as the minimum monthly payment has not been made on time, otherwise provided, if you are unable to resolve a dispute it does not mean that we have waived, or given up, our right with us informally, you and we agree that the dispute will be to exercise any of our rights or remedies under this resolved through the binding arbitration process set forth in Agreement in the future. We are not required to use any this arbitration provision upon demand by either you or us. particular kind of demand or notice in order to collect b. Disputes Covered By Arbitration. Except as amounts due to us under this Agreement. No indulgence or otherwise provided, any dispute relating to or arising out of acceptance by us of delinquent or partial payments your Account or this Agreement, including any aspect of any constitute a waiver of our rights or of any provision of this agreement governed by this Agreement, or prior or later Agreement. No waiver of any existing default shall be versions of this Agreement, and any changes to the terms of deemed to waive any subsequent default. this Agreement will be subject to arbitration. Except as 26. Changing Terms. We can change, add to, delete or expressly provided, all disputes are subject to arbitration no otherwise modify the terms of this Agreement at any time in matter the legal theory or remedy (damages, or injunctive or any way permitted by law. We will send you a notice of declaratory relief) sought. Disputes include (1) any change at least 45 days (or as required by applicable law) unresolved claims concerning any services relating to your before the effective date of the change. We do not have to Account, including, without limitation, Purchases, Balance send you an advance notice of the change if it favors you, Transfers, Cash Advances, INTEREST CHARGES, your such as by reducing rates, or increasing the maximum credit use of any of our banking locations or facilities, or any limit. Except in cases where we are changing terms due to means you use to access your Account; (2) any claims that the Minimum Payment Due not being received within 60 arose before you and we entered into this Agreement (such days of the Payment Due Date, you agree that the change as disputes related to advertising) and after the termination may cover all transactions made 15 days after we mail the of this Agreement; (3) not only claims made directly by you, notice. If you do not agree to the change, a method for but also made by anyone connected with you or claiming rejecting the change and closing the Account will be through you, such as an authorized user, a beneficiary, provided in the Change of Terms Notice. You agree that if employee, representative, agent, predecessor or successor, you use your card after the effective date of the change, this heir, assignee, or trustee in bankruptcy; (4) not only claims will constitute your agreement with the change. that relate directly to us, but also our parent, affiliates, 27. Canceling this Agreement. We have the right to successors, assignees, employees, and agents and claims cancel this Agreement at any time by sending a notice to for which we may be directly or indirectly liable, even if we any one of you in writing. You also have the same right to are not properly named at the time the claim is made; (5) cancel this Agreement at any time by sending us a notice in claims based on any theory of law, contract, statute, writing or calling the BankCard Center at 1-866-218-4959 regulation, tort (including fraud or any intentional tort), or any (for TTY call 1-800-659-5495). If this Agreement is canceled other legal or equitable ground, and include claims made as by you or us, your obligation is to repay amounts you already counterclaims, cross-claims, third party claims, owe under this Agreement. In either case, the Account will interpleaders or otherwise; (6) claims made as part of a be closed and you will no longer have access to the class action or other representative action, being expressly Account. understood and agreed that arbitration of such claims must 28. Governing Law. This Agreement will be governed by proceed on an individual (non-class, non-representative) the laws of the State of Nebraska, and, as applicable, basis; and (7) claims relating to the enforceability or federal law, regardless of where the transactions are made. interpretation of this arbitration provision. A party who 29. Monitoring/Recording Telephone Calls. Our initiates a proceeding in court may elect arbitration with supervisory personnel may listen to and record your respect to any dispute advanced in that proceeding by any telephone calls to us for the purpose of monitoring and other party. This arbitration provision shall survive any improving the quality of service you receive. termination of this Agreement or your Account. 30. Severability. All other provisions of this Agreement c. Disputes Not Covered By Arbitration. Disputes shall remain in full force even if one or more provisions of filed by you or by us individually in a small claims court are this Agreement are held invalid, illegal, void or not subject to arbitration if the disputes remain in such court and advance only as an individual claim for relief.

BW-WECCAG (Rev. 10/2020)

d. Opt Out. You have the right to opt out of arbitration otherwise brought together in the same arbitration (unless by sending a signed written notice stating your decision to those persons are joint account holders or beneficiaries on opt out of arbitration to BANK OF THE WEST at Loan your Account or related accounts, or parties to a single Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days transaction or related transaction). after the date you opened your Account (“Account Open h. Public Injunctive Relief Waiver. If either you or we Date”). elect to arbitrate a dispute, neither you nor we will have the e. Commencing an Arbitration. The party initiating right to seek a public injunction in arbitration or in court, if arbitration must choose one of the following arbitration such a waiver is permitted by the FAA. If any waiver of forums to administer arbitration under the forum’s rules public injunctive relief in this arbitration provision (as set (except as modified by this Agreement): (i) the American forth in any part of this arbitration provision) is found to be Arbitration Association (“AAA”) under AAA’s Consumer invalid or unenforceable, and that decision is not reversed Arbitration Rules available at www.adr.org or 1-800-778- on appeal, any claim for a public injunction will be decided 7879; (ii) JAMS under JAMS’ Comprehensive Arbitration in court after all other disputes to be decided in arbitration Rules & Procedures or Streamlined Arbitration Rules & under this arbitration provision are arbitrated and the Procedures, including JAMS’ Consumer Minimum arbitration award regarding individual relief has been Standards (but not JAMS’ Class Action Procedures), entered in court. In no event will a claim for public available at www.jamsadr.com or 1-800-352-5267. injunctive relief be arbitrated. As set forth in “Severability” f. Arbitration Procedure. Arbitration shall be decided below, the invalidity or unenforceability of this paragraph by a single neutral arbitrator selected in accordance with will not affect the validity or enforceability of the remainder AAA’s or JAMS’ rules, as applicable. The arbitrator will of this arbitration provision. decide the dispute in accordance with the terms of our i. Arbitration Costs. We will pay the filing, agreements and applicable substantive law, including the administrative and/or arbitrator’s fees or compensation Federal Arbitration Act and applicable statutes of limitation. (“Arbitration Fees”) that we are required to pay pursuant to The arbitrator shall honor claims of privilege recognized at the arbitration forums’ rules or the law. In addition, with law. Except as otherwise provided, the arbitrator may award respect to Arbitration Fees that you are required to pay damages or other relief (including injunctive relief) available under the arbitration forum’s rules in connection with an to the individual claimant under applicable law. The individual arbitration you have commenced against us, if you arbitrator will not have the authority to award relief to, or would like us to consider paying them because you are against, any person or entity who is not a party to the unable to do so, you must first request a waiver or reduction arbitration. An award in arbitration shall determine the rights of the Arbitration Fees from the arbitration forum. If the and obligations between the named parties only, and only request is denied or you remain unable to pay the reduced with respect to the dispute in arbitration and shall not have Arbitration Fees, we will consider paying them if we receive any bearing on the rights and obligations of any other a written request by you sent to Bank of the West Legal persons, or on the resolution of any other dispute. The Department, 180 Montgomery Street, San Francisco, arbitrator will take reasonable steps to protect your Account California 94104. information and other proprietary or confidential information. j. Applicable Law. You and we are participating in Any arbitration hearing shall take place in the same city as transactions that involve interstate commerce and this the U.S. District Court closest to your home address, unless arbitration provision and any resulting arbitration are the parties agree in writing to a different location or the governed by the Federal Arbitration Act. To the extent state arbitrator so orders. If you seek a total recovery of $10,000 law applies, the laws of the state governing your Account or less, you may choose whether the arbitration will be relationship apply. No state statute pertaining to arbitration conducted solely on the basis of documents submitted to shall apply. the arbitrator, through a telephonic hearing, or by an in- k. Severability. Except as provided in ”Public Injunctive person hearing in accordance with AAA’s or JAMS’ rules. At Relief Waiver,” if any part of this arbitration provision your or our request, the arbitrator will issue a reasoned regarding joinder, consolidation, class actions, class written decision sufficient to explain the essential findings arbitrations, general public or private attorney general and conclusions on which the award is based. The actions is found to be illegal or unenforceable, that invalid arbitrator’s award shall be final and binding, subject to part shall not be severable and this entire agreement to judicial review only to the extent allowed under the Federal arbitrate disputes shall be unenforceable. If any other part of Arbitration Act. You or we may seek to have the award this arbitration provision, including “Public Injunctive Relief vacated or confirmed and entered as a judgment in any Waiver,” is deemed to be invalid or unenforceable, that court with jurisdiction. invalid part will be severed from the remainder of this g. No Class Action or Joinder of Parties. You and we arbitration provision and the remainder of this arbitration agree that no class action, private attorney general or other provision will be enforced. representative claims may be pursued in arbitration and no such action may be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or

YOUR BILLING RIGHTS Keep This Notice for Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act . What To Do If You Find a Mistake on Your Statement • Description of problem: If you think there is an error If you think there is an error on your statement, write to us on your bill, describe what you believe is wrong and at: why you believe it is a mistake. Bank of the West You must contact us: BankCard Customer Service Department • Within 60 days after the error appeared on your PO Box 2319 statement. Omaha, NE 68172-9793 • At least 3 business days before an automated In your letter, give us the following information: payment is scheduled, if you want to stop payment • Account information: Your name and Credit Card on the amount you think is wrong. account number. You must notify us of any potential errors in writing. You • Dollar amount: The dollar amount of the suspected may call us, but if you do we are not required to investigate error. any potential errors and you may have to pay the amount in question.

BW-WECCAG (Rev. 10/2020)

we think you owe an amount and you do not pay, we may What Will Happen After We Receive Your Letter report you as delinquent. When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you NOTICE FOR WISCONSIN RESIDENTS: Any holder of this that we received your letter. We will also tell you if we Credit Card Agreement is subject to all claims and defenses have already corrected the error. which the debtor could assert against the seller of goods or 2. Within 90 days of receiving your letter, we must either services obtained pursuant hereto or with the proceeds correct the error or explain to you why we believe the bill hereof. Recovery hereunder by the debtor shall not exceed is correct. While we investigate whether or not there amounts paid by the debtor hereunder. 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 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 applicable interest 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 let 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 Purchases 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:

Bank of the West BankCard Customer Service Department PO Box 2319 Omaha, NE 68172-9793

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

BW-WECCAG (Rev. 10/2020) Interest Rates, Interest Charges, and Fees – Secured Credit Card Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases 21.99% This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 21.99%

This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99%

This APR will vary with the market based on the Prime Rate. Penalty APR and When it None Applies

Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Consumer Financial visit the website of the Consumer Financial Protection Bureau at Protection Bureau http://www.consumerfinance.gov/learnmore/.

Fees Annual Fee $25 Transaction Fees

• Balance Transfer Either $10 or 4% of the amount of each transfer, whichever is greater.

• Cash Advance Either $10 or 4% of the amount of each cash advance, whichever is greater.

• Foreign Transaction 3% of the U.S. Dollar amount of each such transaction. Penalty Fees

• Late Payment Up to $38 (Varies by State. See next page for details.).

• Returned Payment Up to $38 (Varies by State. See next page for details.).

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” See your Secured Credit Card Agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your Secured Credit Card Agreement.

Late Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

Returned Payment fee for Iowa residents is $27 for the first violation and $30 for each subsequent violation within next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the Minimum Payment Due.

SECURITY INTEREST: Information on the security interest you provided on the that secures your Credit Card account is provided in your Secured Credit Card Agreement.

Continued on next page Interest Charges for Covered Members of the Armed Forces and Their Dependents: 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%. 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).

If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659-5495).

Doing business in South Dakota as Bank of the West California. SECURED CREDIT CARD AGREEMENT (Personal Accounts)

By requesting or accepting a Secured Mastercard Credit outstanding balance, your available Credit Limit will not be Card account (“Credit Card account” or “Account”) with Bank increased by the amount of the overpayment nor will we be of the West, you agree to be bound by all the terms of this required to authorize transactions for an amount in excess Agreement. In this Agreement, the words “you” or “your” of your Credit Limit. mean everyone who has requested or accepted a Credit 3. Temporary Reduction of Credit Limit. Merchants, Card account with us. The words “we,” “us,” “our,” or “Bank” such as car rental companies and hotels, may request prior mean Bank of the West. If you do not accept this credit approval from us for an estimated amount of your Agreement, you must notify us in writing within 5 days after Purchases, even if you ultimately do not pay by credit. If our receipt. Use of your card or any feature (including a balance approval is granted, your available Credit Limit will transfer) of your Credit Card Agreement shall constitute temporarily be reduced by the amount authorized by us. If acceptance of this Agreement. you do not ultimately use your Credit Card account to pay for your Purchases or if the actual amount of Purchases 1. Use. Your Credit Card account card (“Card”) may be posted to your Credit Card account varies from the used as a credit card for purchases of goods or services estimated amount approved by us, it is the responsibility of from participating merchants (“Purchases”) or to get Cash the merchant, not us, to cancel the prior credit approval Advances from us or any other financial institution displaying based on the estimated amount. The failure of the merchant the “Mastercard”” logo, or to purchase certain items such as to cancel a prior credit approval may result in a temporary traveler's cheques, foreign currency, money orders, wire reduction of your available Credit Limit, but will not increase transfers, lottery tickets, and (except as noted below) funds the amount you owe us under this Agreement. to be used for wagers or gambling (all of which are 4. Agreement to Pay. When you use your Card or Credit collectively referred to as “Cash Advances”) up to your Card account, or when you permit anyone to use it, you Credit Limit; provided, however, you may not use your Card agree to pay the amount of any and all transactions (i) to make Purchases or obtain Cash Advances for any (including any which may have been made in violation of this illegal transaction, or (ii) for any internet or online gambling Agreement), and the INTEREST CHARGES, and fees that transactions. Transactions for online or internet gambling may become due as shown on the periodic statement. You will not be approved. If you use your Card for any illegal or agree that we may change or cancel your Credit Card prohibited transaction, this Agreement also applies to such account at any time without affecting your obligation to pay transaction and you agree to pay any and all amounts the amounts that you owe under this Agreement. related to such transaction pursuant to the terms of this 5. Periodic Statement. Each month we will send you a Agreement. We may, in our sole discretion, restrict the use periodic statement for each Credit Card account you have of or terminate your Card if we notice excessive use of your with us covering the previous billing period. We may not Card or other suspicious activities or if we reasonably send you a statement if your balance is less than $1 and believe the Card is or has been used for one or more illegal there were no transactions during the billing period. The or prohibited transactions. You can also obtain a Cash statement will have a “Statement Period Date”, “Statement Advance by writing a special Mastercard check Closing Date” and a “Payment Due Date,” and will show, (“Convenience Check”). The Cash Advance will be posted among other things, your “Previous Balance,” your “New to your Credit Card account when the Convenience Check Balance,” and your minimum monthly payment, which will be reaches us. If you stop payment on a Convenience Check, shown as “Minimum Payment Due.” your Credit Card account will be charged $16.00 (or as 6. Payment. You must make a payment by the “Payment permitted by law) for each stop payment. We may designate Due Date.” You have two choices: You may pay the entire that only a portion of your Credit Limit is available for Cash “New Balance” or you may pay in installments by paying at Advances. In addition, you may request that we pay other least the “Minimum Payment Due.” When your payment is creditors on your behalf and transfer approved amounts to properly received, we will allocate your payment in a manner your Account (“Balance Transfers”). we determine except as otherwise required by law. The Your Card may also be used in certain automated Minimum Payment is applied first to fees, then to terminals to gain access to your Credit Card accounts. We INTEREST CHARGES and finally to principal. We apply the have no responsibility for the failure of any machine, Minimum Payment to balances with lower APRs, including merchant, financial institution, or any other party to honor introductory APRs, before balances with higher APRs. your Card. Your Card and Credit Card account may be used Payments made in excess of the Minimum Payment will be only for valid and lawful purposes. If you use or allow applied first to balances with the highest ANNUAL someone else to use the Card or Credit Card account for PERCENTAGE RATE (APR) and then to each successive any other purpose, you will be responsible for such use and balance bearing the next highest ANNUAL PERCENTAGE may be required to reimburse us for all amounts or RATE. expenses we pay as a result of such use. Payments must be mailed to the BankCard Center 2. Credit Limit. Your Credit Limit for the Credit Card address specified in your periodic statement and reach the account you have with us will be based on the amount BankCard Center during our regular business day by 5:00 described in paragraph 21. You agree that your total p.m. Pacific Time for the payment to be credited the same charges, including Purchases, Cash Advances, Balance business day. Payments made in person at one of our Transfers, INTEREST CHARGES, and fees that may be branches, or made by telephone, or made through our due will not exceed your Credit Limit. If you do go over your website or another website controlled by a third party on our Credit Limit, you must repay the excess amount behalf must be received by 5:00 p.m. Pacific Time to be immediately, and we may reduce the available Credit Limit credited the same business day. Payments received after of any other Credit Card account you have with us until such the cutoff time of 5:00 p.m. Pacific Time are credited as of time the excess amount is repaid. You may apply to the following business day. If you fail to properly make increase your Credit Limit at any time but we are not payments, crediting of such payments may be delayed and obligated to increase your Credit Limit at any time. you may incur late charges and additional interest as a Furthermore, we reserve the right to lower your Credit Limit result of the delay. Even when your payment is credited to at any time. For security reasons, we may limit the number your account, we may delay the availability of part or all of or amount of transactions that may be accomplished with your payment amount as credit for up to 15 days. your Card or Credit Card account, and we have the right to If a payment is returned to us for any reason, we may limit authorizations to make transactions if we consider it apply a Returned Payment Fee of $27 for the first violation necessary to verify Payments received on your Credit Card and $38 for each subsequent violation within the next six account. If we accept a payment from you in excess of your billing cycles. The Returned Payment Fee for Iowa residents

BW-SCCAG (Rev. 10/2020) is $27 for the first violation and $30 for each subsequent in the “Index.” The Index is the Prime Rate published in the violation within the next six billing cycles. If the Returned “Money Rates” table of The Wall Street Journal on the Payment Fee is greater than the Minimum Payment Due, business day immediately preceding the day your billing the fee will be equal to the Minimum Payment Due. cycle ends. If the Index is no longer available, we will From time to time, we may let you skip or reduce one or choose a new index which is based upon comparable more monthly payments during a year and/or we may information and will give you notice of our choice. The temporarily reduce or eliminate certain INTEREST ANNUAL PERCENTAGE RATE may increase or decrease CHARGES on all or a portion of your Credit Card account each month if the Index changes. Any new rate will be balance or offer you other special terms. If we do, we will applied as of the first day of your billing cycle during which advise you of the scope and duration of the applicable skip the Index has changed. If the ANNUAL PERCENTAGE or promotional feature. When the skip or promotional RATE increases, you will pay a higher INTEREST feature ends, your regular rates and all the terms of the CHARGE, which may result in a higher minimum payment. Agreement will resume. Your interest rate for Purchases and Balance Transfers 7. Minimum Payment - Late Payment Fee. At least the on your Credit Card account is based on a variable rate amount of the “Minimum Payment Due” must be received by equal to the sum of the Index plus a “Rate Spread” of 18.74 us by the “Payment Due Date.” If it is not, we may apply a percentage points. The interest rate for Cash Advances on Late Payment fee of $27 for the first violation and $38 for your Account is based on a variable rate equal to the sum of each subsequent violation within the next six billing cycles. the Index plus a “Rate Spread” of 21.74 percentage points. The Late Payment fee for Iowa residents is $27 for the first Immediately before each Change Date we will determine the violation and $30 for each subsequent violation within the new interest rate by adding the Rate Spread to the Index. next six billing cycles. If the Late Payment fee is greater The new interest rate will become effective at the start of than the Minimum Payment Due, the fee will be equal to the your first billing cycle after the Change Date. Only one Minimum Payment Due. If such charge would result in an ANNUAL PERCENTAGE RATE and Daily Periodic Rate will INTEREST CHARGE greater than the maximum allowed by be in effect for each Balance Category during the billing law, we will only charge the maximum allowable rate. Your period. The ANNUAL PERCENTAGE RATE will not exceed Minimum Payment Due will be 3% of the New Balance plus the maximum rate permitted by law. The effect of any any Late Payment fee (with a minimum of the lesser of $27 increase in the ANNUAL PERCENTAGE RATE and the or your New Balance) and any amount over your credit limit Daily Periodic Rate would be to increase the amount of and past due amount. INTEREST CHARGE or interest you must pay and thus increase your monthly payments. There 8. How to Avoid Paying Interest on Purchases. 10. Transaction Fees. You also agree to pay us the may be different treatment of INTEREST CHARGES for appropriate fees listed below (as permitted by applicable Purchases, Balance Transfers, and Cash Advances, even law) which may be amended from time to time by us. You though they are computed the same way. You may avoid authorize us to charge your Credit Card account for the paying an INTEREST CHARGE on Purchases if we receive following fees due to us. Balance Transfer fee: 4.00% of the entire New Balance by the Payment Due Date. If we do each balance transferred, $10 minimum. Cash Advance fee: not receive the entire New Balance by the Payment Due 4.00% of each Cash Advance, $10 minimum. Date, the INTEREST CHARGE will be charged on the 11. Foreign Transaction Fee. Transactions that you Purchases from the date of the transaction. INTEREST make in a foreign currency or that you make outside of the CHARGES on all other balances, including Cash Advances United States of America even if it is made in U.S. dollars and Balance Transfers, begin on the transaction date and are considered foreign transactions. If you make a will be assessed even if your entire New Balance is paid by transaction in a foreign currency it will be billed to you in the Payment Due Date. U.S. Dollars. The conversion rate to U.S. Dollars will be We figure the 9. Computing Your INTEREST CHARGE. determined by Visa International or Mastercard International INTEREST CHARGE on each Credit Card account by in accordance with their operating regulations or conversion applying the periodic rate to the “Average Daily Balance” of procedures in effect at the time the transaction is each Balance Category on the Credit Card account, processed. Currently, their regulations and procedures including current transactions. Balance Categories include provide that the currency conversion rate they use is either Purchases, Balance Transfers, Cash Advances, (1) a government-mandated rate or (2) a wholesale market Introductory Rates and any special rate offers we may make rate, whichever is applicable, in effect one day prior to the available from time to time. If you are charged interest, the processing date. We do not determine the currency charge will be no less than $1.00 (the minimum interest conversion rate which is used. You agree to pay the charge will appear as “Minimum Charge” in the fees section converted amount in U.S. funds. In addition, Visa or of your statement). Mastercard will charge us (the Bank) an international a. Average Daily Balance. To obtain the daily balance transaction fee, currently equal to one percent (1.00%) of for each Balance Category we take the beginning balance the transaction amount. We will charge you the international each day and add new transactions applicable to each transaction fee imposed on us plus an additional two category, and subtract any payments, credits, and refunds percent (2.00%) of the transaction amount whether that applied to the category. To figure your Average Daily transaction was originally made in U.S. dollars or was made Balance for each Balance Category, we add all your daily in another currency and converted to U.S. dollars. These balances and divide by the number of days in the billing two fees will be aggregated and shown as one Foreign period. Transaction Fee on your statement. b. Figuring the INTEREST CHARGE. We compute the 12. Annual Fee. We will assess an Annual Cardholder INTEREST CHARGE for each Balance Category by Fee of $25 for each year your Account is open, whether or multiplying the Average Daily Balances by the applicable not you use your Account and regardless of the number of Daily Periodic Rate, and then we multiply the result by the cards issued on your Account. You can avoid the Annual number of days in the billing period. To determine the Daily Cardholder Fee if you terminate your Account within 30 days Periodic Rate for each Balance Category, we divide the after the date of the periodic statement in which the Annual applicable ANNUAL PERCENTAGE RATE in effect for the cardholder fee is posted. Otherwise, the Annual Cardholder billing period by 365 (366 for leap year). The way we get the fee will not be refunded in whole or in part and shall be owed ANNUAL PERCENTAGE RATE for each Balance Category to us by you even if your Account is subsequently changed, described below under “Variable Rate.” suspended, closed or terminated for any reason. c. The current ANNUAL PERCENTAGE Variable Rate. 13. Other Fees. As allowed by law, we may charge, and RATE for all variable rates is shown on the Account you agree to pay, fees for certain services or requests made Opening Disclosure which has been provided to you with by you, such as but not limited to: Automated Teller Machine this Agreement. The Daily Periodic Rate and the (“ATM”) transactions conducted at machines not operated corresponding ANNUAL PERCENTAGE RATE may change by us, requests for copies of billing statements, sales drafts, each month on the first day of each of your billing cycles. or other records of your Account, or if you request a Each date on which the rate of interest could change is replacement card(s). However, we will not charge fees for called a “Change Date.” Changes will be based on changes

BW-SCCAG (Rev. 10/2020)

copies of documents requested for a billing dispute. These exceed your Credit Limit. This amount may be less for Cash fees may change from time to time. We will inform you of Advances from Network ATMs. the fee(s) that you will incur prior to when the applicable d. Card and Secret Code (PIN) Use. You are service(s) is(are) provided or when you make the request(s), responsible for all transactions in which you use your Card as applicable. You authorize us to charge your Credit Card in an automated terminal, or the use of the Card by anyone account for any such fees that you incur. We reserve the else who uses it with your permission. Security in use of the right to waive a fee from time to time but a waiver does not Card is provided by the secret code, which we will provide mean we will continue to waive such fee in the future. you, and the magnetically encoded stripe on the Card. 14. Interest Charges for Covered Members of the Please keep the Card safe and also protect the secret code. Armed Forces and Their Dependents: Federal law Use the Card and the secret code as instructed at all times. provides important protections to members of the Armed Please notify us of any mechanical or operating failure in Forces and their dependents relating to extensions of connection with the use of your Card. Do not permit anyone consumer credit. In general, the cost of consumer credit to a else to use your Card and do not disclose your secret code member of the Armed Forces and his or her dependent may or record it on the Card. The Card remains the property of not exceed an ANNUAL PERCENTAGE RATE of 36%. This the Bank and can be revoked and repossessed at any time. rate must include, as applicable to the credit transaction or You must return it to us when asked. account: the costs associated with credit insurance e. Fees for Using Automated Terminal Services. premiums; fees for ancillary products sold in connection with Fees may be charged for transactions made at automated the credit transaction; any application fee charged (other teller machines not operated by us as described in than certain application fees for specified credit transactions paragraph 13-Other Fees. or accounts); and any participation fee charged (other than 17. Lost or Stolen Card; Your Liability for certain participation fees for a credit card account). Unauthorized Use. Tell us AT ONCE if you believe your If you are a covered member of the armed forces or a Card has been lost or stolen. Telephoning is the best way of dependent, you will not be charged annual fees, transaction keeping your possible losses down. fees, or penalty fees so that your cost may not exceed the You may be liable for the unauthorized use of your Card Military Lending Act ANNUAL PERCENTAGE RATE cap. as a credit card. You will not be liable for unauthorized use Armed Forces members and their dependents can hear of your Card as a credit card which occurs after you notify about the protections provided to them by calling 1-866-761- us at the telephone number or address stated in paragraph 2689 (TTY users call 1-800-659-5495). 18, orally or in writing, of loss, theft, or possible unauthorized 15. Default. We may declare the entire balance for the use. In any case, your liability for unauthorized use of your Credit Card accounts due and payable at once with or Card as a credit card will not exceed $50.00. without notice or demand if any of these events (a “Default”) 18. Where to Call or Write. If you believe your Card has happens: been lost or stolen or that someone is using your Card or a. If you miss a payment under this Agreement or any Credit Card account without your permission, call: other obligation you owe us; or 1-800-996-2638 (for TTY call 1-800-659-5495) or write to: b. If you violate any terms of this Agreement. Bank of the West, BankCard Security Department, PO Box If you are in Default, we may terminate your Credit Card 2078 Omaha, NE 68103-2078 account, make no more additional loans, and require you to 19. Our Business Days. Our business days are Monday immediately repay the entire unpaid balance of all amounts through Friday, except for bank holidays. due on your Credit Card account, including but not limited to 20. Credit Investigation and Disclosure. You authorize all loan amounts, late charges and other charges assessed us, both now and in the future, to check your credit and but not paid, and all of the INTEREST CHARGES accrued employment history and to release information about our but not paid. If we terminate your Credit Card account, your credit experience with you in response to legitimate credit obligation to repay the amounts you already owe us would inquiries. If you believe that we have incorrect information or continue. have reported inaccurate information about you to a credit At our option, we may also take action short of bureau, please call us at 1-800-996-2638 (for TTY call 1- terminating your Credit Card account. If we take such lesser 800-659-5495). As required by law, you are hereby notified action initially, we reserve the right to terminate your Credit that a negative credit report reflecting on your credit history Card account and accelerate all amounts due under this may be submitted to a credit reporting agency if you fail to Agreement regardless of whether any additional events fulfill the terms of your credit obligations. have occurred which would permit termination and 21. Security Interest. This Credit Card account is acceleration. secured by a deposit account (“Deposit Account”) in your 16. Automated Terminal Services name only with Bank of the West. The amount you a. Automated Terminals. You may use your Card in deposited in the Deposit Account (subject to the minimum the following automated terminals: amount required and maximum amount allowed by the (1) Any Bank of the West automated teller machines. Bank) is your credit limit. The Deposit Account will be used (2) Any other automated teller machine that is as collateral to secure the obligations you incur in participating in a network and accepts our Card (“Network connection with your Credit Card account. You grant the ATM”) and Bank a security interest in, and assign to the Bank, all funds (3) Any point-of-sale terminal that accepts our Card in your Deposit Account. You agree that you will be bound (“POS terminal”). by the agreement (“Deposit Account Agreement”) for your b. Services Available at an Automated Terminal Deposit Account and that your Deposit Account is subject to (1) You may use your Card at a Bank of the West or this Agreement. You grant the Bank exclusive control over any Network ATM to: the Deposit Account, the right to redeem, collect and (a) Get a Cash Advance from your Credit Card withdraw any part or the full amount of the Deposit Account account. upon any default under this Agreement or if your Credit Card (b) Get your Credit Card account balances. These account is closed for any reason. The Bank may apply funds balances may not include some transactions recently made in the Deposit Account to pay off any balance on the Credit in your Credit Card account. Some of the services described Card account if the Credit Card account is closed for any in subparagraphs (a) and (b) may not be available at all reason. You may not make or otherwise arrange for any Network ATMs. deposits to or withdrawals from the Deposit Account while (c) You may use your Card at a POS terminal to the Deposit Account secures your Credit Card account. The purchase certain merchandise. The amount of your Deposit Account will not be eligible for Auto-Save or Savings purchase will automatically be charged to your Credit Card Protection while the Deposit Account secures your account as a Purchase. Credit Card Account. You provide the security interest and c. Limits of Automated Terminal Services - Cash assignment as security for any and all amounts you may Advances. You may get a Cash Advance from a Bank of owe (including but not limited to interest, fees and charges the West Automated Terminal up to an aggregate amount of which may accrue under your Credit Card account). The $500 each calendar day, provided that this amount does not balance of your Deposit Account is only refundable after

BW-SCCAG (Rev. 10/2020)

your Credit Card account is closed and all amounts owed to 31. Authorized User. If you elect to have an authorized the Bank are paid (any remaining amount you request to be user, you will be liable for all transactions made by that user refunded may take up to 30 days to be returned to you). on your Account. Any authorized user is not a contractually You agree to pay all charges and follow all practices set liable party. forth in the Deposit Account Agreement for the Deposit 32. Our Communications with You. You agree that we, Account that secures your Credit Card account and abide by any of our affiliates, agents, independent contractors or all future changes to the terms and charges for the Deposit service providers may monitor and record telephone calls Account. regarding your banking services to assure the quality of our 22. Collection. You promise to pay all collection costs, service or for other reasons. You expressly consent that we, including, without limitation, mailgram charges, reasonable any of our affiliates, agents, independent contractors or lawyers’ fees and court costs, as permitted by law. service providers may use written, electronic, or verbal 23. If There are More Than One of You. Each of you means, or any other medium, as permitted by law and individually, or all of you together, will be liable under this including, but not limited to, mail and facsimile, to contact Agreement. We may collect from or sue any one of you, or you. Your consent includes, but is not limited to, contact by make any settlements or extensions with any one of you, manual calling methods, prerecorded or artificial voice without giving up our rights against the other. You messages, text messages, e-mails and/or automatic understand that any one of you can make Purchases, get telephone dialing systems. You agree that we, any of our Cash Advances, or perform Balance Transfers under this affiliates, agents, independent contractors or service Agreement which will be binding upon all of you. providers may contact you by using any e-mail or any 24. Compliance with Law/Sanctions. You agree to telephone number you provide, including a telephone comply with all applicable laws and regulations, including number for a cellular phone or other wireless device, those relating to anti-bribery, anti-money laundering, the regardless of whether you incur any charges as a result. fight against terrorism, and sanctions (“Sanctions”), that 33. RESOLUTION OF DISPUTES BY ARBITRATION. apply to the Bank or BNP Paribas S.A. You represent that PLEASE READ THIS ARBITRATION PROVISION you are not the target of Sanctions. You agree to hold the CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU Bank harmless from liability for any actions taken by the WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT Bank to comply with applicable laws and regulations, BEFORE A JUDGE OR JURY AND TO BRING OR including Sanctions. PARTICIPATE IN ANY CLASS OR OTHER 25. No Waiver of Rights. If we choose to waive any of REPRESENTATIVE ACTION. the terms or conditions of this Agreement on a case-by-case a. Agreement to Arbitrate Disputes. Except as basis, such as by not declaring the entire balance due when otherwise provided, if you are unable to resolve a dispute the minimum monthly payment has not been made on time, with us informally, you and we agree that the dispute will be it does not mean that we have waived, or given up, our right resolved through the binding arbitration process set forth in to exercise any of our rights or remedies under this this arbitration provision upon demand by either you or us. Agreement in the future. We are not required to use any b. Disputes Covered By Arbitration. Except as particular kind of demand or notice in order to collect otherwise provided, any dispute relating to or arising out of amounts due to us under this Agreement. No indulgence or your Account or this Agreement, including any aspect of any acceptance by us of delinquent or partial payments agreement governed by this Agreement, or prior or later constitutes a waiver of our rights or of any provision of this versions of this Agreement, and any changes to the terms of Agreement. No waiver of any existing default shall be this Agreement will be subject to arbitration. Except as deemed to waive any subsequent default. expressly provided, all disputes are subject to arbitration no 26. Changing Terms. We can change, add to, delete or matter the legal theory or remedy (damages, or injunctive or otherwise modify the terms of this Agreement at any time in declaratory relief) sought. Disputes include (1) any any way permitted by law. We will send you a notice of unresolved claims concerning any services relating to your change at least 45 days (or as required by applicable law) Account, including, without limitation, Purchases, Balance before the effective date of the change. We do not have to Transfers, Cash Advances, INTEREST CHARGES, your send you an advance notice of the change if it favors you, use of any of our banking locations or facilities, or any such as by reducing rates, or increasing the maximum credit means you use to access your Account; (2) any claims that limit. Except in cases where we are changing terms due to arose before you and we entered into this Agreement (such the Minimum Payment Due not being received within 60 as disputes related to advertising) and after the termination days of the Payment Due Date, you agree that the change of this Agreement; (3) not only claims made directly by you, may cover all transactions made 15 days after we mail the but also made by anyone connected with you or claiming notice. If you do not agree to the change, a method for through you, such as an authorized user, a beneficiary, rejecting the change and closing the Account will be employee, representative, agent, predecessor or successor, provided in the Change of Terms Notice. You agree that if heir, assignee, or trustee in bankruptcy; (4) not only claims you use your card after the effective date of the change, this that relate directly to us, but also our parent, affiliates, will constitute your agreement with the change. successors, assignees, employees, and agents and claims 27. Canceling this Agreement. We have the right to for which we may be directly or indirectly liable, even if we cancel this Agreement at any time by sending a notice to are not properly named at the time the claim is made; (5) any one of you in writing. You also have the same right to claims based on any theory of law, contract, statute, cancel this Agreement at any time by sending us a notice in regulation, tort (including fraud or any intentional tort), or any writing. If this Agreement is canceled by you or us, your other legal or equitable ground, and include claims made as obligation is to repay amounts you already owe under this counterclaims, cross-claims, third party claims, Agreement, and you must return your Card to us or destroy interpleaders or otherwise; (6) claims made as part of a the card. In either case, the Account will be closed and you class action or other representative action, being expressly will no longer have access to the Account. understood and agreed that arbitration of such claims must 28. Governing Law. This Agreement will be governed by proceed on an individual (non-class, non-representative) the laws of the State of Nebraska, and, as applicable, basis; and (7) claims relating to the enforceability or federal law, regardless of where the transactions are made. interpretation of this arbitration provision. A party who 29. Monitoring/Recording Telephone Calls. Our initiates a proceeding in court may elect arbitration with supervisory personnel may listen to and record your respect to any dispute advanced in that proceeding by any telephone calls to us for the purpose of monitoring and other party. This arbitration provision shall survive any improving the quality of service you receive. termination of this Agreement or your Account. 30. Severability. All other provisions of this Agreement c. Disputes Not Covered By Arbitration. Disputes shall remain in full force even if one or more provisions of filed by you or by us individually in a small claims court are this Agreement are held invalid, illegal, void or not subject to arbitration if the disputes remain in such court unenforceable by any rule or law, administrative order or and advance only as an individual claim for relief. judicial decision. d. Opt Out. You have the right to opt out of arbitration by sending a signed written notice stating your decision to

BW-SCCAG (Rev. 10/2020)

opt out of arbitration to BANK OF THE WEST at Loan h. Public Injunctive Relief Waiver. If either you or we Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days elect to arbitrate a dispute, neither you nor we will have the after the date you opened your Account (“Account Open right to seek a public injunction in arbitration or in court, if Date”). such a waiver is permitted by the FAA. If any waiver of e. Commencing an Arbitration. The party initiating public injunctive relief in this arbitration provision (as set arbitration must choose one of the following arbitration forth in any part of this arbitration provision) is found to be forums to administer arbitration under the forum’s rules invalid or unenforceable, and that decision is not reversed (except as modified by this Agreement): (i) the American on appeal, any claim for a public injunction will be decided Arbitration Association (“AAA”) under AAA’s Consumer in court after all other disputes to be decided in arbitration Arbitration Rules available at www.adr.org or 1-800-778- under this arbitration provision are arbitrated and the 7879; (ii) JAMS under JAMS’ Comprehensive Arbitration arbitration award regarding individual relief has been Rules & Procedures or Streamlined Arbitration Rules & entered in court. In no event will a claim for public Procedures, including JAMS’ Consumer Minimum injunctive relief be arbitrated. As set forth in “Severability” Standards (but not JAMS’ Class Action Procedures), below, the invalidity or unenforceability of this paragraph available at www.jamsadr.com or 1-800-352-5267. will not affect the validity or enforceability of the remainder f. Arbitration Procedure. Arbitration shall be decided of this arbitration provision. by a single neutral arbitrator selected in accordance with i. Arbitration Costs. We will pay the filing, AAA’s or JAMS’ rules, as applicable. The arbitrator will administrative and/or arbitrator’s fees or compensation decide the dispute in accordance with the terms of our (“Arbitration Fees”) that we are required to pay pursuant to agreements and applicable substantive law, including the the arbitration forums’ rules or the law. In addition, with Federal Arbitration Act and applicable statutes of limitation. respect to Arbitration Fees that you are required to pay The arbitrator shall honor claims of privilege recognized at under the arbitration forum’s rules in connection with an law. Except as otherwise provided, the arbitrator may award individual arbitration you have commenced against us, if you damages or other relief (including injunctive relief) available would like us to consider paying them because you are to the individual claimant under applicable law. The unable to do so, you must first request a waiver or reduction arbitrator will not have the authority to award relief to, or of the Arbitration Fees from the arbitration forum. If the against, any person or entity who is not a party to the request is denied or you remain unable to pay the reduced arbitration. An award in arbitration shall determine the rights Arbitration Fees, we will consider paying them if we receive and obligations between the named parties only, and only a written request by you sent to Bank of the West Legal with respect to the dispute in arbitration and shall not have Department, 180 Montgomery Street, San Francisco, any bearing on the rights and obligations of any other California 94104. persons, or on the resolution of any other dispute. The j. Applicable Law. You and we are participating in arbitrator will take reasonable steps to protect your Account transactions that involve interstate commerce and this information and other proprietary or confidential information. arbitration provision and any resulting arbitration are Any arbitration hearing shall take place in the same city as governed by the Federal Arbitration Act. To the extent state the U.S. District Court closest to your home address, unless law applies, the laws of the state governing your Account the parties agree in writing to a different location or the relationship apply. No state statute pertaining to arbitration arbitrator so orders. If you seek a total recovery of $10,000 shall apply. or less, you may choose whether the arbitration will be k. Severability. Except as provided in ”Public Injunctive conducted solely on the basis of documents submitted to Relief Waiver,” if any part of this arbitration provision the arbitrator, through a telephonic hearing, or by an in- regarding joinder, consolidation, class actions, class person hearing in accordance with AAA’s or JAMS’ rules. At arbitrations, general public or private attorney general your or our request, the arbitrator will issue a reasoned actions is found to be illegal or unenforceable, that invalid written decision sufficient to explain the essential findings part shall not be severable and this entire agreement to and conclusions on which the award is based. The arbitrate disputes shall be unenforceable. If any other part of arbitrator’s award shall be final and binding, subject to this arbitration provision, including “Public Injunctive Relief judicial review only to the extent allowed under the Federal Waiver,” is deemed to be invalid or unenforceable, that Arbitration Act. You or we may seek to have the award invalid part will be severed from the remainder of this vacated or confirmed and entered as a judgment in any arbitration provision and the remainder of this arbitration court with jurisdiction. provision will be enforced. g. No Class Action or Joinder of Parties. You and we agree that no class action, private attorney general or other representative claims may be pursued in arbitration and no such action may be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your Account or related accounts, or parties to a single transaction or related transaction).

Your Billing Rights Keep This Notice 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 • Description of problem: If you think there is an error If you think there is an error on your statement, write to us on your bill, describe what you believe is wrong and at: why you believe it is a mistake. Bank of the West You must contact us: BankCard Customer Service Department • Within 60 days after the error appeared on your PO Box 2319 statement. Omaha, NE 68172-9793 • At least 3 business days before an automated In your letter, give us the following information: payment is scheduled, if you want to stop payment • Account information: Your name and Credit Card on the amount you think is wrong. account number. You must notify us of any potential errors in writing [or • Dollar amount: The dollar amount of the suspected electronically]. You may call us, but if you do we are not error.

BW-SCCAG (Rev. 10/2020)

required to investigate any potential errors and you may While we investigate, the same rules apply to the disputed have to pay the amount in question. amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if What Will Happen After We Receive Your Letter we think you owe an amount and you do not pay, we may When we receive your letter, we must do two things: report you as delinquent. 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 NOTICE FOR WISCONSIN RESIDENTS: Any holder of this already corrected the error. Credit Card Agreement is subject to all claims and defenses 2. Within 90 days of receiving your letter, we must either which the debtor could assert against the seller of goods or correct the error or explain to you why we believe the bill is services obtained pursuant hereto or with the proceeds correct. While we investigate whether or not there has hereof. Recovery hereunder by the debtor shall not exceed been an error: amounts paid by the debtor hereunder.

• 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 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 applicable interest 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 let 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 Purchases 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: Bank of the West BankCard Customer Service Department PO Box 2319 Omaha, NE 68172-9793

BW-SCCAG (Rev. 10/2020)