This is your application agreement with SunWest Educational Credit Union regarding rights and responsibilities associated with your obtaining a VISA Debit Card. The disclosure statements that follow are required by Federal Regulations, including Truth In Lending, The Fair Credit Billing Act and Electronic Fund Transfer Act. Please read this disclosure carefully to be familiar with your rights and responsibilities. It is important to retain this notice for future reference and to notify us at once if any parts are unclear.

Words Often Used In This Agreement "Agreement" means SunWest Educational Credit Union VISA Debit Card With Line of Credit Agreement. "We", "Us", and "Our" mean SunWest Educational Credit Union. "You" and "Your" mean each person or persons who sign the application. "Card" means the VISA Debit Cards issued to you.

Your Contract With Us When your application is accepted by us, it becomes a binding contract. When you sign the application, you acknowledge receipt of a copy of this agreement and will abide by the terms of this agreement including all applicable laws.

Sign the Card and Keep This Agreement You must sign the card before you use it. By signing and using this card, you are agreeing to comply with the terms of this agreement. You should read this agreement and keep a copy for future reference.

Promise To Pay You promise to pay SunWest Educational Credit Union all amounts charged to your account regardless of the means and all other charges, including finance charges and any related collection costs incurred under this agreement. You understand that your account may be accessible through a variety of means including advance requests by telephone, vouchers, checks, charge slips, ATM or Debit cards, and other similar instruments.

Advances Whenever you request an advance, we may require you to prove your identity. If you request an advance by telephone, we will deposit the amount approved in your share account or your share draft account and you authorize us to do this. We may also draw a draft or check made payable to you and mail it to you. When the amount advanced appears on a subsequent statement, that will be conclusive evidence of the telephonic request. You understand that all advance requests are subject to our prior approval.

Line of Credit Limits We will notify you of the credit limit given you for your account. We expect that you will make repeated advances on your account and unless you are in default, the credit limit established for you will be self-replenishing as you make payments on your account. You will keep your unpaid balance within the credit limit set by us, and you will pay the total amount over the credit limit on our demand whether or not we authorized the advance(s) which caused you to exceed your credit limit. Even if your unpaid balance is less than your credit limit, you will have no credit available during any time that any aspect of your account is in default.

Joint Accounts If more than one person signs the application, each person who signs the application promises to pay all amounts owed to us under this agreement. Each of you is jointly and severally obligated. This means that we may collect money owed to us from each of you or from all of you, regardless of your current domestic relationship or other legal proceedings. In the event that any of the above should occur, all will continue to be jointly and severally obligated until all cards are returned and the debt is extinguished.

Payments We will automatically transfer the minimum payment from your checking account on the last business day of the month. You may make direct payments to your Line of Credit Loan, at any time there is a balance outstanding by mail or delivering funds to us with the instruction to apply the same to your Line of Credit Loan. All payments and transfers will be processed as of the close of the business day and will be applied to any outstanding finance charge first, and then to the Line of Credit Loan balance. If there is a balance outstanding on your Line of Credit Loan, payment is due within thirty (30) days of posting. You agree to pay at least the "minimum payment" by the payment due date, as reflected on your current account statement. Should the Line of Credit Loan be the current share draft statement period, the minimum payment will be determined by the new loan balance.

Should your checking account be closed, you must make direct payments to your Line of Credit Loan. If there is a balance outstanding on your Line of Credit Loan, payment is due within thirty (30) days of posting. You agree to pay at least the "minimum payment" by the payment due date, as reflected on your current account statement.

Past Due Payments In the event your Line of Credit Loan becomes past due or should you default on any other obligation to us, we may immediately offset any and all funds in any account which you have a legal interest and apply such funds to your loans or obligations, unless prohibited by law.

Minimum Payment You understand and agree that your minimum payment under this agreement is automatically deducted each month from your share draft account. The minimum monthly payment is 4% of your outstanding statement balance with a minimum payment due of $25.00.

If you do not have a share draft account with SunWest Educational Credit Union, your minimum payment will be disclosed on your monthly statement. Payments will be due the last day of the month following the statement date (example - if your statement is for January 1 - January 31 of any calendar year, your payment will be due the last day of February of that calendar year.)

Finance Charge A finance charge will be imposed on your open-end credit transaction using the daily balance computation method. The daily balance on your loan is multiplied by the daily periodic rate (which can be obtained by dividing the interest rate on the loan by 365 days) and multiplied by each day's ending balance on the loan. The daily balance used to compute the finance charge is the unpaid balance at the end of each day after payments and credits have been subtracted and any new charges have been added. A finance charge shall accrue on each advance from the date it is posted to the open-end credit. There is no grace period during which a finance charge is not imposed on new advances. Disclosure of the monthly periodic rate and Annual Percentage Rate will appear on your Line Of Credit Loan agreement and your monthly statement.

Periodic Statements On a regular basis, you will receive a statement from us on your share draft account(s) or you will receive a statement from us on your other savings account(s) which will reflect all transaction activity made to your account. You may not receive a statement on your account if there has been no activity or collection procedures have been initiated against you because you defaulted. Each statement is deemed to be a correct statement unless you establish a billing error pursuant to the Federal Truth in Lending Act or the Electronic Fund Transfer Act.

Share Draft Overdraft Protection We may transfer the necessary funds to your share draft account if your share draft account becomes overdrawn. Whether or not such a transfer occurs will be controlled by this agreement. Advances will be made in $100 increments from your overdraft protection accounts. In any event, you hold us harmless for any and all liability which might otherwise arise if the transfer does not occur. Your share draft overdraft protection automatically ceases if this agreement is in default.

Default You will be in default and we may, to the extent permitted by law, terminate your Line of Credit and declare the entire unpaid balance of your account due and payable if:
(1) You do not meet the repayment terms or you fail to perform on any obligation under this agreement or any other agreement that you may have with us; or
(2) You should die, become involved in any insolvency, receivership, guardianship,
conservatorship, or other proceeding which determines you are not capable of
managing your financial affairs; or
(3) You have made a false or misleading statement in your credit application and/or
in your representation to us while you owe money on your account; or
(4) A judgment or tax lien should be filed against you or any attachment or garnishment should be issued against any of your property or rights, specifically including anyone starting an action or proceeding to seize any of your funds on deposit with us; and/or
(5) We should in good faith, believe your ability to repay your indebtedness hereunder is
or soon will be impaired, time being of the very essence; or
(6) Government action precludes us from imposing the Annual Percentage Rate or a government
Authority has notified us that continued advances constitute an unsafe and unsound practice.

Collection Costs To the extent permitted by law, you agree to pay all reasonable costs of collection paid or incurred by us, including reasonable attorney's fees not to exceed 15% of the unpaid debt after default and referral to an attorney not a salaried employee of the lender, or such additional fee as may be directed by the court, incurred in the course of collecting any amounts owed under this agreement.

Delay in Enforcement We do not lose our rights under this or any related agreement if we delay enforcing them. We can accept late payments, partial payments or any other payments even if they are marked "PAID IN FULL" without losing any of our rights under the agreement. If any provision of this or any related agreement is determined to be unenforceable or invalid, all other provisions remain in full force and effect.

Notification of Address Change You will notify SunWest Educational Credit Union promptly if you move or otherwise have a change of address.

Change In Terms We may change the terms of this agreement by mailing a written notice to you at your last address shown on our records.

COLORADO RESIDENTS: Warning The terms of this agreement may be changed, whether or not authorized by agreement, in accordance with the Colorado Uniform Consumer Credit Code and other applicable law.

Address for Notices To Us All notices under this agreement should be addressed to SunWest Educational Credit Union Attention Card Services Department at: 4141 Sovereign Circle, Pueblo, Colorado 81005-1899.

You May Cancel The Account You may cancel the account whenever you choose. Cut each card in half and notify us in writing at the address shown in "Address For Notices To Us" that you wish to cancel the account. Please include the destroyed card(s) with your notice or you may contact the Card Services Department and request a Cancellation Request form. Such cancellation will become effective five (5) days after the notice is received by us. You will still be responsible for the repayment of any outstanding balance on your Line of Credit Loan and any other amounts that have not yet been billed to you.

We May Cancel the Account We have the right to cancel the account at any time upon written notice sent to you at the last address shown on our records. You must return the card(s) at our request. You agree to discontinue the use of the card(s) upon our request.

What Law Applies We make the decision to issue a card to you from our offices in Pueblo, Colorado. Colorado and Federal law apply to this agreement. These laws will be used to interpret our rights and your obligations under this agreement. Each provision shall be interpreted in such manner as to be effective and valid but if any part of this Agreement shall be declared invalid, such decision shall not invalidate the remaining provisions.

Credit Reporting Agencies You authorize us to make whatever credit or investigative inquiries we deem necessary in the course of review of any credit extended under this agreement. If you request it, we will provide the name and address of the credit reporting agency. Negative information will be provided to appropriate credit reporting agencies if you fail to perform your obligations under this agreement.

Other Agreements this agreement supersedes all prior agreements between you and us governing the use of a VISA Debit Card with Line of Credit Loan.

Repayment You may pay the full amount outstanding on your Line of Credit Loan at any time without a prepayment penalty.

Security Agreement You hereby grant a consensual lien to us in all funds that you have at SunWest Educational Credit Union as collateral for this Line of Credit Loan Agreement as well as for all other loans made by us. It is understood and agreed that this security interest is a first lien and is perfected by possession.

Transaction Slips Your periodic statement will identify the merchant or electronic terminal location at which transactions were made. Sales, cash advances, credit or other slips cannot be returned with the statement. You will retain the copy of such slips furnished at the time of the transaction in order to verify the transactions listed on your statement.

Credit If a merchant who honors your card gives you credit for returns or adjustments, he will do so by sending your VISA Card processor a credit slip which will be posted to your share draft account. The merchant has forty-five (45) days from the date of the credit slip, to credit your account.

Foreign Transactions You agree to pay in U. S. Dollars for charges you incur in any other currency. The charges will be converted to U. S. Dollars when presented for payment and you agree to pay us the converted amount. Since conversion may occur after the date of transaction, the conversion rate may be different from the rate in effect at the time of the transaction.

Card Agreement You understand that your VISA Debit Card is issued by us, remains our property, and is subject to rules governing ATM networks of which financial institutions must follow. The card(s) are not transferable. By using your card, you are agreeing to the following terms:
(1) To abide by our rules and regulations and those of the participating ATM network as may be amended;
(2) That we and the ATM network may follow all electronic instructions given through the ATM;
(3) That we may restrict the use of or terminate your card at any time without notice to prevent loss to your account or to the credit union;

Daily Limits will adhere to those established by the credit union in conformance with the ATM network agreement and are subject to modification to preserve the integrity of the ATM network and prevent loss to the credit union or its members. Daily limits for withdrawals or deposits will be included in the Rate and Fee Schedule which is accessible to all members upon request.

AVAILABILITY OF FUNDS, ANY DEPOSITS INTO A SHARE OR SHARE DRAFT ACCOUNT THROUGH A PROPRIETARY ATM WILL BE PLACED ON HOLD FOR TWO BUSINESS DAYS, DEPOSITS TO AN ATM WE DO NOT OWN WILL BE PLACED ON HOLD FOR FIVE BUSINESS DAYS, ACCORDING TO OUR HOLD POLICY. THE FUNDS WILL NOT BE AVAILABLE FOR IMMEDIATE WITHDRAWAL WHEN YOUR ACCOUNT REFLECTS HOLD FOR UNCOLLECTED FUNDS, YOUR BALANCE ELIGIBLE FOR WITHDRAWAL WILL BE REDUCED BY THE AMOUNT OF SUCH HOLDS.

Issuance of Personal Identification Number (PIN) A personal identification number (PIN) will be issued separately from the card. This PIN will enable you to use your card at any ATM terminal owned by the credit union or accessed by agreement through an ATM network. You can not make transactions through an ATM without using your PIN. If you forget or do not enter your PIN correctly, the ATM will keep your card the third (3rd) time the PIN is entered incorrectly. This procedure is for security measures. For your added protection, the PIN must never be written on the card. Keep your PIN a secret! If you authorize us to issue a card to anyone else for use through any electronic access device, you are authorizing that individual to withdraw funds from any account, including your Line of Credit, which can be accessed by that card, regardless of whether that individual is authorized to withdraw money from the account by any other means.

Fees and Charges related to this agreement are included in the Rate and Fee Schedule which is attached to this disclosure. You agree to pay any related charges that are imposed as a result of your use of the VISA Debit Card and any associated Line of Credit Loan.

Miscellaneous
(1) Checks, payments, cash withdrawals and other card transactions received for processing on the same business day may be processed in any order we determine.
(2) If you exceed your available account balance, you will have one day to reestablish your account balance. Your VISA Debit card privilege will be denied until this has been corrected. Your account will only be allowed one negative withdrawal, and then your Visa Debit card will be revoked.

Limitations of Our Responsibility We will not be responsible for merchandise or services purchased by you with the card. We are not liable for the refusal or inability of merchants, financial institutions and others to accept your card(s) or electronic terminals to honor them or complete a withdrawal, or for their retention of the card(s).

ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES

Types of Electronic Fund Transfers:

Direct Deposits You may make arrangements for certain direct deposits to be accepted into your share or share draft account(s). Often direct deposits are processed through an Automated Clearing House network (ACH) which was preauthorized by you. Examples of direct deposits include paychecks, social security and other governmental benefits, allotments, retirement benefits and dividends.

Preauthorized Withdrawals You may make arrangement to pay certain recurring bills from your share draft or share savings account(s). Preauthorized payments from your account can include but are not limited to insurance company premiums, installment loan payments to other financial institutions, or utility payments. Transfers from share savings account(s) are further limited to six per month.

Audio Teller Telephone Transfers (MAARS) You may access your account by telephone 24 hours a day, seven days a week, by calling (719) 560-9006 using your personal identification number (PIN), a touch tone phone and your account numbers to:
(a) Transfer funds from share savings to share draft (limit 6 per month)
(b) transfer funds from share savings to high yield accounts (limit 6 per month)
(c) loan payment made from share savings to loan
(d) obtain account information

Internet You may access your account by the Internet 24 hours a day, seven days a week, at tcu-usa.org or swecu.com to:
a) Transfer funds from share savings to share draft (limit 6 per month)
(b) transfer funds from share savings to high yield accounts (limit 6 per month)
(c) loan payment made from share savings to loan
(d) obtain account information

PC Banking (Mercury) You may access your account by Mercury 24 hours a day, seven days a week by calling 719-560-1640 to:
a) Transfer funds from share savings to share draft (limit 6 per month)
(b) transfer funds from share savings to high yield accounts (limit 6 per month)
(c) loan payment made from share savings to loan
(d) obtain account information

ATM Access Cards: The types of transactions and dollar limitations are set by the financial institution which owns the actual automated teller machine (ATM) and/or the service network it is linked with. You may access your account(s) through an ATM by using a card with ATM access capabilities and inputting your personal identification number (PIN) to:
(a) Make withdrawals from you share draft account(s)
(b) Make deposits into your share savings or share draft account(s) (in the State of Colorado, only)
(c) Transfer funds between share savings and share draft account(s)
(d) Obtain balances on your share savings or share draft account(s)

Debit Cards . You may perform the functions listed under ATM Access Cards. In addition, you may access your share draft account(s) to purchase goods (in person), pay for services (in person), and obtain cash advances from participating merchants and financial institutions. The dollar limitation for cash advances using your debit cards must not exceed $1,000 per business day.

Accounts Using Cards and/or PINs You cannot use the card and/or PIN to transfer money into or out of your account until we have validated it. If you do not want the use of the card, please destroy it by cutting it in half.

CHARGES FOR ELECTRONIC FUND TRANSFERS

We do not charge for direct deposits, to any type of account(s) for preauthorized withdrawals, or audio teller transactions.

Charges associated with the use of your ATM or Debit card are listed below:

VISA Debit Card Annual Fee $ .00
ATM Adjustment Fee $ 12.00
Reissue Card (1st) $ 15.00
VISA Lost/Stolen Pick-up $ 65.00
Rush VISA Debit Card $ 35.00
VISA Debit Card Late Payment $ 15.00
VISA Draft Copy $ 15.00
Card Research $ 25.00 per hour
- less than 48 hours notice $ 35.00 per hour
-minimum of one hour in both instances
ATM Transaction Fee $ .00 at SWECU ATMs
-Surcharge may apply on ATMs not owned by SWECU

BUSINESS DAY DISCLOSURE

Our business days are Monday through Friday. Saturdays, Sundays and federal holidays are excluded.

RIGHT TO DOCUMENTATION

Direct Deposits If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (719) 561-0804 or at MAARS (719) 560-9006 to verify the deposit has been made. You may also access your account on the Internet at tcu-usa.org or swecu.com.

Terminal Transfers You can obtain a receipt at the time you make any transfer to or from your account(s) using an automated teller machine.

Periodic Statement You will get a monthly account statement from us for your share draft account(s) and VISA Debit Card. You will get a monthly share account statement from us if an EFT (Electronic Funds Transfer) occurs during a given month. You will get an account statement from us for your Share Savings account(s) on a periodic basis to reflect all transfers made to your account.

RIGHT TO STOP PAYMENT

Right to Stop Payment and Procedure for doing So If you have told us in advance to make regular payments out of your account, you can stop any of these payments by calling or writing us at the telephone number or address listed in this disclosure in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

Please refer to our Fee Schedule in your new account packet for the amount we will charge you for each stop payment order you give.

Notice of Varying Amounts If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that your set.

Liability for Failure to Stop Payment of Preauthorized Transfer If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

OUR LIABILITY

Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If the transfer would go over the credit limit on your line of credit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the
breakdown when you started the transfer.
(5) If circumstances beyond our control (such as a fire or flood) prevent the transfer,
despite reasonable precautions we have taken.
(6) The funds are subject to legal process or other encumbrance restricting such transfer
(7) There may be other exceptions stated in our agreement with you.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transfers you make:
(1) Where it is necessary for completing transfers, or
(2) In order to verify the existence and condition of your account for a third party, such
as a credit bureau or merchant, or
(3) In order to comply with government agency or court orders, or
(4) If you give us written permission.

LIABILITY FOR UNAUTHORIZED USE

Telephone us at once, if you believe your card and/or personal identification number has been lost or stolen or your PIN compromised. Telephoning is the best way of keeping possible losses to a minimum. If your statement shows EFT transactions that you did not make, tell us at once.

If you believe your card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure.

Your VISA Debit Card may not be used for any illegal transaction.

ERROR RESOLUTION

In case of errors or questions about your electronic funds transfers from your credit union accounts, call us at 1-719-561-0804 and send us a written notice at the following address (4141 Sovereign Circle, Pueblo, CO 81005), as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the first statement which the problem or error appeared.
(1) Tell us your name and account number (if any)
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
(3) Tell us the dollar amount of the suspected error..

We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (20 business days if your account has been open for 30 days or less) for the amount you think is in error. This provisional credit enables you to have the use of the money during the time it takes us to complete our investigation. If the error you assert is an unauthorized VISA transaction, other than a cash disbursement at an ATM, we will credit your account within 5 business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within 10 business days. If the error concerns an electronic funds transfer that is (1) a foreign-initiated transaction, (2) a point-of-sale debit card transaction, or (3) a transaction occurring within the first 30 days after deposit to a new account, a 90-day investigation period in place of 45 days will apply. Please note that if we ask you to put your complaint in writing and we do not receive it within ten (10) business days of our request, we may not credit your account.

SunWest Educational Credit Union
Card Services
4141 Sovereign Circle
Pueblo, Colorado 81005-1899
Telephone: (719) 561-0804

(After hours call: )