ee CREDIT AGREEMENT ne emp Cea Page 4 and to provide documents of information to us (euch as updated fipanle information), obpstons to comply with appeele nw (uh ening fostetons), and ebiigations of eny comaker. No deta wil eccue wl wo mal o delver ® notice of defeat Ye Yeu, 80 You cen restore your right © eredt advances, (4) We are precluded by government sctisn from imposing the ANNUAL PERCENTAGE RATE provided fr under this Agroorent. (5) The priority of our security interest Io adverelyatfectod by government ectian tothe extent thatthe value of the secu Interest less than one hundred twenty percent (120%) of the Credit Limi. (6) We have been noted by governmental euthority that conned sdvancos may constitute on unsafe end unsound business prectce. ‘Change in Terms. We mey make changes to th tems ofthis Agreement you egree to the change in wring 9 that tne, the change {Wil Unequivocaly benefit you throughout the remainder of your Credit Une Account, or Ifthe change is isignfeant (uch as changes felaing to our data processing system. the Index ino longer avadeble, we wil choose @ now Indox and margin. The new Index wil have an tistorial movement substantlly smfar to the- orginal Index, and tha.new Index end mergin wil result in an ANNUAL PERCENTAGE RATE that is substantaly siifr to th rate in effect atthe time the eriginal index becomes unavolable. We may prohibit aidtionel extensions of eredt or reduce your Credit Limit ducing any period In which the maximum ANNUAL PERCENTAGE RATE under Your Credit Line Account is reached. Coteeton Costs. We may hire or pay someone ese to hep colect this Agreement Ifyou do not pay. You wl pay vs the anount of these ‘corte and expenses, which includes, eubject to any lini under wpplcase law, oue'reesonsble nttotneys" fees und out legal expanses whether or not there is» lowaut, Including ressonetie etomeys" (ees and legal ences Ter benkruptey proceedings (cling effete ‘modify or vacate eny automatic stay or injunction), end eppesis. not prohibited by gpplicable fave, You elso wll pay any court cost, In ‘dalton to all other sums provided by lav ' Rate increase. In adton to eur other rights during termination and accaleration, we may increase the variable ANNUAL PERCENTAGE RATE under this Agreemant to 18.000 peroent per anvum. The ANNUAL PERCENTAGE RATE wil not oxcood tho maximum cate parmited by applicable law. If we do not Ineraase the ANNUAL PERCENTAGE RATE upon termination of acceleration of Your Cred Line Aseount, Ww contine at the variable rate In effect sy of the dat of trminaton or acceleration of your Crest Line Accout ‘Access Devices. Mf your Credit Lina is suspended or torminatod, you must immediatly rotur to us all Home Equlty Line of Credit Checks land any other acoers devices. Any usa of Home Equity Line of Cradt Checks of other secese devieos following sveponsin o termietin may be sonsidared trauduent. You wil alge remsinlsble for sny futher use of Home Eauity LIne ef Credit Checker thor Credit Une tovess deviees not returned to Us. Delay in Enforcement. We may delay or waive th enforcement of any of our ghts under tls Agreement without lsing that ight or any other right, If we delay or waive sny of our rights, we may enforce that right at any tima in th future without advance notice. For example, not terminating your tocount for not-payment will aot be a waiver of ou ght to terminate your account Inthe future if youheve not pid. CCanealition by you. If you cancel your right to eredit advances under thie Agreement, you must notly us end retue' all Home Eculty Line of Credit Checks and any ather access devloes to Us. Despite cancion, your obligations, undor this Agreement will remain in ful free and feet untl you have paid us all amounts due under his Agreement. Prepsyment.. You may prepay all or ny amount owing under this Credit Line et anytime without panelty, except we wil be ened to recaive all accrued FINANCE CHARGES, and other charges I any. Payments in excess of Your Minimum Payment wil nt relay you ef your ebiigation {e continue ta make your Minimum Payments. Instea, they wil reducg the principal balance owed on the Credit Line, You agree nat to send {Us payment marked “paid Tull, "without recourse, of simile Tanguoge, Ifyou send auch a peymort, we may accept It without losing any of fur rights under this Agreement, and you wil remain obilgated to pay eny further amount owed to us. Al written communiestons concerning Ssputed amounts, including any chock or other payment Instument tat indlestes thet the payment constitutes "payment in ful” ofthe amount ‘owed or that tendored with other condtions or llitalons of as fl alsfsotion ofa glpited smount must be maliedordalvered to: Bank of Geral bles, At: Loen Operations, 98 Merrick Woy, Suite 108 Coral Gables, FL 29434, tices. All noticas willbe sent to your address as shown inthis Agreement. Notices wil bp mailed to you ta diferent adress if you give us ‘writen notice ofa diferent sddrese, You agree to advise ux promptly if you change your mang addres, ; Credit information and Related Matters. You authoree ust releateinfofmation about you td third pares as described in our privacy poley an ‘our Falr Credit Reporting Act notice, provided yous didnot opt out of thp eppcabie paboy br es permitted by law. You apf thet. upon our Feqdest, you wil provide us with current finanealstatemest, @ new cfedtappicadon, oF both, on forms provided by us. You seo agree we ‘may obtain eredtreport-on you at eny time, at eur sole option end expense, for any reoéoh inluding but not inited to determining whether ‘hare fas been an adverse change in your finnclal condition, Wo may requle a new apprasel of the Property which secures your Credit Line at any time, including an intemal iapection, at cur sola option end expanse. H ment. Without prior notice or approval from you, we reserve the rght'to ell or transfer your Credit Line Aecourt nd our fights and obligtion under tis Agreement te another lender, eny, or person, ond to ensign eur rights unger the Mortgage. You rights under ‘this Agreement belong te you only and may sot ba Wanaferrod of assigned, "Your cbgations, However, ere binding on Your els end legal tepresentatves. Upon any such ele or transfor, we wil have no furthatcbigeton to provide you with eredt advances orto perform any other ‘gation under ths, Agreement. * “Tex Consequences. You understand that nelther we, nor any of our employoos or agents, make any representation or warrenty whetscever oncartng the tex consequences of your etalehing and walt our Creat Une, feuding the deat of tres and that ree we nor ‘our employees oF egents wll be Kable inthe event itorest on Your Credit Line snot dedsle. "You should consult our own tox edior for ‘tidance on this subject 1 | dpa, we and you hereby waive height oan ry Wn any een, proceeding, or counters bounht by eter wo you ast Governing Law. This Agreement will be governed by federal aw appicsble to us and, to the extent not preemptod by fara aw, the laws of the State of Frida witheut gerd ta conte of law provision. This Agresment has been aeeeptes by Us in th State of Ford, a of Vrws. 1 hrs ie awn, you gre von or request out the aston ofthe courts of Man-Dade County, Sa ct Tranefer or As You consent to the issuance of a continuing wit of ganishment or attechment against your ispossble'earing, vith Seen 222.11, Forde Statutes, in order to satisfy, in whole orn pert, eny money judgment entered In Favor of ui sccoedanee