LINE OF CREDIT PLAN AND AGREEMENT

SIGNATURE DATE: 05/13/2024

CUSTOMER COMMENT LINE: 1-844-333-5493 CUSTOMER ACCOUNT # 26537352

LENDER: BORROWER:
Advance America, Cash Advance Centers of Tennessee, Inc., Kimberly Kelley
750 Shipyard Drive, Suite 300, Wilmington DE 19801 121 Dawn Dr, Johnson City, TN 37615
Phone: 1-844-333-5493 Fax: 1-877-518-1612 Borrower's Phone: (423)384-1762

The Parties. This Line of Credit Plan and Agreement (“Agreement”) is between Kimberly Kelley |
(“you”, “your”, “borrower”) and Advance America, Cash Advance Centers of Tennessee, Inc., (“Advance America”,
“we”, “us”).
Your Credit Line. We agree to establish a line of credit for you in the amount of $ 1000.00 and to make advances to
you under the terms of this Agreement. You may request an advance in three ways: (1) in person, by visiting an
Advance America location in this state; (2) electronically through your customer portal at [Link]; or (3)
by phone at 1-844-333-5493 . The minimum initial advance amount is $ 50.00 , and advances will be
made only in $10.00 increments. You may not have a principal balance that is higher than the amount of your credit
line outstanding at any one time, but your credit line will be replenished in the amount of any payment you make that
is applied to principal. We may agree to increase the amount of your credit line or reduce your Customary Fee from
time to time. Your credit line will remain open until you or we terminate this Agreement, but your access to requested
advances may be frozen if your account is delinquent. You may terminate this Agreement at any time. We may
terminate this Agreement on prior notice at any time after the first anniversary of the Execution Date shown above or
at any other time this Agreement is in effect for good cause, including your failure to follow the terms of this
agreement, any change in your creditworthiness that we deem unfavorable in our sole discretion, or any other
reasonable grounds. If you or we terminate this Agreement, you will still have to repay all amounts you owe under this
agreement.
Federal Truth-In-Lending Act Disclosures.

Interest Rates and Interest Charges

Annual Percentage Rate 239.35 %

(APR) for Cash Advances* This amount includes the periodic interest rate of
24 % plus the customary fee described below.
Paying Interest For all cash advances, we will begin charging you
on the date you receive funds.

Fees

Customary Fee You will be charged a 0.59% customary fee each day
on your outstanding principal balance. This fee is
disclosed with Interest* as part of the APR for Cash
Advances. You will not be charged twice for the
Customary Fee.

*The Customary Fee is disclosed as Interest for purposes of federal law only. The Customary Fee is not
interest for purposes of Tennessee Law.
Security: The Remotely Created Check (RCC) Authorization below is security for your credit line.
How We Will Calculate Your Balance: We use a method called “Average daily balance (including new cash
advances)” to calculate interest on your account. See the “Finance Charges” section below for details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided below
in this document.
Promise to Pay. You promise to repay all amounts you owe under this Agreement, plus interest, on the terms and
conditions set forth in this Agreement.

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TN LOC_ACH EPM_RCC Sec_21.11.24
Billing. Your billing cycle will be approximately BiWeekly on or about dates you expect to receive
regular income. At the end of each billing cycle, we will send you a statement containing disclosures required by law,
including your account balance, your minimum payment due and your payment due date. Your first billing statement
will be generated on 05-24-2024 .
Finance Charges. We calculate the finance charges on your account by applying the Periodic Interest rate ( 24 %
annually) and the Customary Fee rate ( 0.59 % per day) to the “average daily balance” of your account (including
current transactions) for the number of days in the billing cycle. To get the “average daily balance” we take the
beginning balance of your account each day, add any new advances, and subtract any payments or credits and unpaid
finance charges. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide
the total by the number of days in the billing cycle. This gives us the “average daily balance.”
Changes to Your Fees. The APR disclosed in the Section titled “Federal Truth-in-Lending Act Disclosures” is the
maximum APR that will apply to Cash Advances on your Credit Line. We may agree to lower your daily Customary Fee
depending on your payment history and credit score at our sole discretion. We will provide you notice before we make
any changes to your Customary Fee. If we reduce your Customary Fee, the new APR rate will apply to balances
starting in the next billing cycle after we provide you the notice. Your previous APR will apply to prior balances.
Minimum Payment. You must pay at least the minimum payment amount shown on your statement on or before the
due date each billing cycle. The minimum payment due will be the greater of (1) all outstanding fees and accrued and
unpaid interest on your account plus Two and one half (2.5) percent of the outstanding principal balance on your
credit line as of the billing cycle date; and (2) $ 50.00 . If your total account balance is less than $ 50.00 , your
account balance will be your minimum payment due. If you do not satisfy the minimum payment due, the remaining
unpaid principal portion of that missed payment will be included in the minimum payment due on your next billing
statement. You may pay more than the minimum payment or pay off your account balance in full at any time, and
doing so will reduce the amount of interest that you pay. Each payment that you make will replenish your credit line
by the amount of the payment that is applied to principal.
Making Payments. You have elected to make payments by enrolling in automatic payments. We will electronically
debit your account for the minimum payment due as described in detail in the ACH Authorization section below. You
may also make other payment arrangements with us including by paying with cash, certified check, or money order in
any Advance America location in this state; by making a payment on the customer portal at [Link]; or
by calling 1-844-333-5493 . If your line of credit is active, payments will be applied first to any periodic interest,
then to any customary fee, and then to the outstanding principal balance; if your account has been defaulted after a
notice and right to cure period, payments will be applied first to principal, then to accrued customary fees and then to
periodic interest.
Right to Postpone Payment. We offer the option to postpone a minimum payment due at no additional cost, subject
to certain limitations. You must notify us that you wish to postpone a payment by visiting an Advance America center
or by contacting us at 1-844-333-5493 during ordinary business hours. Postponement will suspend one minimum
payment due, including relevant principal and interest. You remain obligated to repay this amount but no additional
interest will be applied to any portion of the principal amount set aside. The option to postpone payment will not be
available if any portion of a previously postponed payment remains unpaid. Customers that receive monthly
statements may opt to postpone a payment once per year; customers that receive bi-weekly statements may opt to
postpone up to twice per year. If any payment is past due at the time postponement is requested, the postponement
will be applied only to the past due amount. You can repay any postponed payment balance in person by visiting an
Advance America location ; electronically through your customer portal at AdvanceAmerica. net; or by phone at
1-844-333-5493 . If your line is otherwise inactive for at least 28 consecutive days, you will be billed for any
remaining postponed balance.
Right to Cancel Draw/Advance. You have the right to cancel any advance/draw on your line and avoid paying any
interest or fees by returning the draw check or the draw amount in cash, cashier’s check or money order before our
office closes on the next business day. You may also cancel any draw on your line by e - mailing us at
customerservice@[Link] no later than the next business day after the draw. In your email, you should
provide (1) your name and Account Number; (2) a statement that you wish to cancel your draw; and (3) a statement
that you authorize us to initiate an ACH debit entry to your account for the amount of your draw.
If we receive your request before we send the draw to you, we will cancel the transaction immediately. If the draw
amount has already been sent out to your bank account when we receive your cancellation email, we will initiate an
ACH debit entry to your account for the draw amount. If the debit clears your account, we will cancel the transaction. If
the debit is returned unpaid, the draw will remain on your account and you must repay it according to the terms of this
agreement.

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TN LOC_ACH EPM_RCC Sec_21.11.24

Change in Terms. Subject to legal notification requirements, we may change the terms of this agreement from time
to time, and you will be deemed to have agreed to the changes if you request an advance after being informed of or
learning of them.

Draw Disbursement. If you elect to receive the proceeds of any draw by electronic credit, you authorize us to
disburse that amount to you by initiating a one-time credit entry to your authorized account. You authorize us to verify
the account information that you have provided. If any of the information you provided is incorrect or incomplete, you
authorize us to verify and correct that information.

ACH AUTHORIZATION:

By signing this Agreement, you are giving us permission to initiate electronic

debits to your bank account number 552115846677 at
AXIOM BANK with routing number
063192874 for the unpaid amount of the minimum payment due (which will be identified in
the billing statement you receive) on the night before each payment due date. The amount we
withdraw may vary from the stated minimum payment due if you make a partial or early
payment. If you have a question regarding the amount which will be withdrawn from your
account, please contact customer service at 1-844-333-5493 .
You authorize us to verify all of the information that you have provided about your bank
account, including the name of your bank, your bank routing and transit number, and your
account number. If any of the information you provided is incorrect or incomplete, you
authorize us to verify and correct that information. You acknowledge and agree that our
authority to initiate ACH debits to your bank account ends when the earlier of the following
occurs: (1) your line of credit is closed with a $0.00 balance; or (2) you revoke your
authorization by contacting us at 1-844-333-5493 or customerservice@[Link],
provided you have revoked your authorization in such time as to give us and your bank a
reasonable opportunity to act on it. If any ACH debit we initiate under this ACH Authorization is
returned unpaid for insufficient funds, we may re-present the debit a maximum of one (1)
additional time within 180 days of the first entry.

REMOTELY CREATED CHECK (RCC) AUTHORIZATION:

You are giving us permission to withdraw funds from your bank account number
|552115846677 at AXIOM BANK with
routing number 063192874 by creating and presenting for payment remotely-created checks
or remotely-created payment orders (“RCCs”) as described herein:

If you default on this credit line and the balance is accelerated after any applicable notice
and cure period has passed, we may present one or more RCCs for the full amount of
outstanding principal, interest, and fees on your account. The “Delinquency and Default”
section below explains default. The total amount of the RCCs we present for payment under
this authorization will not exceed the outstanding principal amount of your account plus any
due and unpaid interest and/or fees. Prior to RCC presentment after acceleration, we will
send you a schedule showing the amount and approximate date of each remotely-created
check we plan to present.

You acknowledge and agree that our authority to present RCCs ends when the earlier of the
following occurs: (1) your line of credit is closed with a $0.00 balance or (2) you revoke your
authorization by contacting us at 1-844-333-5493 or customerservice@[Link] in
such time as to give us a reasonable opportunity to act on it. If any RCC we present under this
RCC Authorization is returned unpaid for insufficient funds, we may re-present the RCC a
maximum of one (1) additional time within 180 days of the first attempt.

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TN LOC_ACH EPM_RCC Sec_21.11.24

Delinquency and Default. You will be in default under this agreement if: (1) you file for protection, or a petition for
involuntary bankruptcy is filed against you, under the United States Bankruptcy Code; (2) you provide any information
to us that is untrue or inaccurate at the time you provide it; or (3) in the event of your death. If you fail to make any
minimum payment in full on or before its due date and otherwise in accordance with this agreement, your account will
be delinquent. If you are delinquent for ten (10) days or more, we will send you a notice of your right to cure the
delinquency. You will have until the next banking day at least twenty-one (21) days after the date of the notice to cure
the delinquency by paying the unpaid amount in full as stated in the notice. If you fail to cure the delinquency as
described herein, your line of credit will default and we may immediately demand the full amount that you owe us.
When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the
Agreement. You waive any right you have to demand for payment, notice of intent to accelerate, and notice of
acceleration.

Ways to Contact You: You agree that we may contact you about your account by calling or texting you at any
number you provide to us or from which you contact us, including cell, home, and work telephone numbers. These
calls or texts may be made using an automatic dialing system or prerecorded voice message. You may opt-out of
receiving autodialed or prerecorded calls or texts by contacting us at 1-844-333-5493 . Even if you opt-out, we may
still continue to communicate with you by other means. You also agree that we may email you at any email address
you provide. This authorization is in addition to any authorization or consent you separately have provided or may
provide to us to send you text messages or to call you using an automatic telephone system or an artificial or
prerecorded voice.
Notices. Notices will be sent to you at the most recent address you have given to us in writing. You agree to promptly
give us written notice if you move, change your name or employment, or if any information you provided to us
changes.

Assignment. We may sell or transfer this agreement or any of our rights under this agreement to any party, including
a collection agency.

Governing Law. This Agreement will be governed by the laws of the State of Tennessee, except the section on
Dispute Resolution, which is governed by the Federal Arbitration Act.

Severability Clause. Except as set forth in the Dispute Resolution provision, if any provision of this agreement is held
unenforceable, such provision will be unenforceable, and the remainder of this agreement will remain operative and
binding on you and us.

Tennessee Disclosures. Complaints may be made to the Tennessee Department of Financial Institutions at 312 Rosa
L. Parks Avenue, 26th Floor, Nashville, TN 37243, (615) 741-2236, [Link]@[Link].

WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, OR OTHER
DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.

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TN LOC_ACH EPM_RCC Sec_21.11.24

 Your Billing Rights: Keep This Document for Future Use

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement

If you think there is an error on your statement, write to us at:
750 Shipyard Drive, Suite 300, Wilmington DE 19801
You may also contact us via e-mail at: customerservice@[Link]

In your letter, give us the following information:

Account information: Your name and account number.

Dollar amount: The dollar amount of the suspected error.

Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you
believe it is a mistake.

You must contact us:

Within 60 days after the error appeared on your statement.

At least 3 business days before an automated payment is scheduled, if you want to stop payment on the
amount you think is wrong.
You must notify us of any potential errors in writing or via email. You may call us, but if you do we are not required to
investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we
have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the
bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that
amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.

We can apply any unpaid amount against your credit limit.

After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest 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 or email 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.

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TN LOC_ACH EPM_RCC Sec_21.11.24

 DISPUTE RESOLUTION (ARBITRATION/CLASS ACTION WAIVER)

If you have any dispute with us or if we have any dispute with you, then both you and we must seek
resolution of the dispute in either arbitration or small claims court. If your dispute cannot be resolved
in small claims court for any reason, then you must seek resolution of your dispute in arbitration. You
may not pursue the resolution of any dispute in any forum as a representative, as a private
attorney general, or as part of a class action, and you may not be a named or unnamed class
member or representative in any such action. If you seek resolution of your dispute in arbitration, we
will pay: (1) the arbitrator's fees and any other reasonable expenses charged by the arbitration
provider, and (2) your reasonable attorney fees if you recover an award of monetary and/or
equitable relief that is greater in value than any we previously offered in writing to settle your
dispute. We will not be entitled to recover any fees or arbitration expenses from you. The arbitration
hearing will be held before a nationally recognized provider of arbitration services at a location of your
choice within your home state. The rules of the arbitration provider will apply. This dispute resolution
agreement does not alter any substantive rights that you may have under State or Federal law. By
signing below, you agree to comply with this dispute resolution (arbitration/class action waiver)
provision, which describes both your and our only procedure for resolving any dispute. You may opt
out of this dispute resolution (arbitration/class action waiver) provision by following the instructions
below. We will be bound by your opt-out election.
If any portion of this dispute resolution provision cannot be enforced for any reason, the rest of the
dispute resolution provision will continue to apply, except in the following two instances. First, if a
court rules that the arbitrator can resolve a dispute on a class or collective basis and that ruling
becomes final after all appeals have been exhausted, then this entire dispute resolution provision
(except for this sentence) will be void. Second, if a claim is brought seeking public injunctive relief and
a court determines that the restrictions in this dispute resolution provision prohibiting the arbitrator
from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that
determination becomes final after all appeals have been exhausted, then the claim for public injunctive
relief will be determined in court and any individual claims seeking monetary relief will be arbitrated.
In such a case, the parties will request that the court stay the claim for public injunctive relief until the
arbitration award pertaining to individual relief has been entered in court. The parties specifically
agree that in no event shall a claim for class relief or public injunctive relief be arbitrated.
DISPUTE RESOLUTION OPT-OUT
Within 30 days after entering into this transaction, you may opt out of the above dispute resolution
(arbitration/class action waiver) provision by sending a letter to Advance America, Cash Advance
Centers of Tennessee, Inc., Attn: Arbitration Opt Out, P.O. Box 3058, Spartanburg, SC 29304-3058.
Your opt-out applies only to this transaction. You may opt out each time you enter into a transaction
with us, but you must send a separate opt-out letter for each transaction. Please include your name,
address, social security number, and the date of this transaction in your letter.

By signing this agreement, you agree, acknowledge and confirm:

• you have no outstanding flex loan plans under Title 45, Ch. 12 of the Tennessee Code;
• you have read, understand, and agree to all of its terms;
• the agreement was completed prior to your signing;
• all information you provided to obtain this credit line is accurate;
• you are not currently involved in or planning to file bankruptcy proceedings;
• this agreement contains all of the terms agreed to between you and us regarding your credit line;
• you were not required to provide a recurring ACH Authorization to receive this line of credit;
• you are not a regular or reserve member of the Army, Navy Marine Corps, Air Force or Coast Guard,
serving on active duty under a call or order or a dependent of such a member;
• if you choose to receive documents electronically, you have access to a system meeting the requirements
set forth in the Consent to Electronic Communications, you agree to receive communications
electronically, and you are able to access and print or store the information sent to you; and
• you have not relied on us to act in your interest as to this transaction.

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TN LOC_ACH EPM_RCC Sec_21.11.24
Borrower's Signature: ____________________________ Date:

Date:

Jessica Rustin, President and CEO

Advance America, Cash Advance Centers of Tennessee, Inc.,

Comments or questions may be directed to our Comment Line at the following toll-free number: 1-844-333-5493.

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TN LOC_ACH EPM_RCC Sec_21.11.24