Bankers' Bank of Kansas v. Dirty Kautzman's Diesel Performance LLC

IN THE DISTRICT COURT OF STEPHENS COUNTY STATE OF OKLAHOMA BANKERS’ BANK OF KANSAS, Plaintiff, ) vs. ) DIRTY KAUTZMAN’S DIESEL PREFORMANCE LLC and TANNER DANIEL KAUTZMAN, individually as personal guaranty, Defendants, ) Case No.: CS-26-9476 FILED DISTRICT COURT Stephens County, Okla. FEB 17 2026 MELODY HARPER Court Clerk PETITION COMES NOW the Plaintiff and for his cause of action against the Defendants, alleges and states as follows, to-wit: 1. That the Plaintiff is a duly organized and existing corporation, whose business operations in State of Oklahoma are wholly interstate in character. That the obligation sued upon herein was incurred in interstate commerce and the Defendants are located in the County in which this suit is filed, therefore, the Court has jurisdiction over the parties hereto and the subject matter hereof. Venue is proper. 2. The Defendant obtained a credit card account with Bankers’ Bank of Kansas. That on the dates shown upon the attached document, marked Exhibit “A” and made a part hereof, the Defendants agreed to make payments to the Plaintiff for purchases by credit card. 3. The Defendants have defaulted on the payments due on said account and there remains due and owing the sum of $10,717.62, with interest thereon at the contract rate of 14.42% from June 26, 2025, until paid, which the Plaintiff is entitled to recover from the Defendants. The last voluntary payment was received on or about October 6, 2024. 4. That the Defendant, Tanner Daniel Kautzman, personally guaranteed the debt of Defendant, Dirty Kautzman’s Diesel Performance LLC, thereby making him jointly and severally liable therefore. 5. That the Plaintiff has been required to retain the services of an attorney in this matter and is entitled to a reasonable attorney's fee therefore. WHEREFORE, Plaintiff demands Judgment against Defendants for the sum set forth hereinabove, interest, court costs and a reasonable attorney's fee, and for all such other and further relief which this court deems Plaintiff entitled. Plaintiff further requests that upon entry of judgment in favor of the Plaintiff herein, an Order be entered directing the Oklahoma Employment Security Commission to produce employment information for the preceding four quarters from the records in their possession of the Defendant upon service of a certified copy of the Order at any time or times subsequent to the filing date of the Journal Entry of Judgment and Order. Further, that the requested information shall be produced within thirty (30) days from the date of service of the Order upon the Oklahoma Employment Security Commission, pursuant to 40 O.S. § 4-508(D). ATTORNEY'S LIEN CLAIMED FEILER & FEILER, P.C. Shayna R. Feiler (#31056) 4045 NW 64th Street, Suite 510 Oklahoma City, OK 73116 (405) 848-1444 x2 Telephone (405) 848-1412 Facsimile [email protected] Attorney for Plaintiff GUARANTY AGREEMENT FOR CREDIT CARD(S) The undersigned ("Guarantor(s)"), requests Bankers' Bank of Kansas, a corporation authorized to do business in the State of Kansas (herein BBOK) to give credit to Dirty Kautzman's Diesel Performance LLC ["Cardholder/Business"] of 117 N 1st Street Marlow, Oklahoma 73055 (Address)from time to time, through the issuance of a Visa/MasterCard credit card(s) and further understanding and acknowledging that you intend to rely on this Guaranty, therefore Guarantor(s) hereby covenant and agree as follows: Guarantor(s) hereby absolutely and unconditionally, guaranty to BBOK the timely payment of any outstanding balance upon receipt of a billing statement, in accordance with the terms of the applicable Visa/MasterCard credit card agreement as amended from time to time, of all indebtedness of Cardholder to BBOK incurred at any time and from time to time from the date hereof by and through the use of the Visa/MasterCard credit card issued by BBOK to Cardholder, all of which indebtedness, is hereinafter referred to as credit card indebtedness. Guarantor(s) expressly waive the following: Notice of the incurring of credit card indebtedness by Cardholder; notice of any increase in the Cardholder's credit limit; the acceptance of this Guaranty by BBOK; presentment and demand for payment, protest, notice of protest and notice of dishonor or nonpayment of any instrument evidencing indebtedness of Cardholder; and right to require suit against Cardholder or any other party before enforcing this Guaranty; any right to have security applied before enforcing this Guaranty; and right of subrogation to your rights against Cardholder until Cardholder indebtedness is paid in full. Guarantor(s) hereby consent and agree that renewals and extensions of time of payment, surrender, release, exchange, substitution, dealing with or taking of collateral security, taking or release of other guarantees, or release of any of the Guarantor(s) hereunder, abstaining from taking advantage of or realizing upon any collateral security or other guarantees, and any and all other forbearance or indulgences granted by you to Cardholder or any other party may be made, granted, and effected by BBOK without notice to Guarantor(s) without in any manner affecting their liability hereunder. If a petition in bankruptcy or for an arrangement or reorganization of Cardholder under the bankruptcy laws or for the appointment of a receiver for Cardholder or any of its property is filed by or against Cardholder, or if Cardholder shall make an assignment for the benefit of creditors or shall become insolvent, all credit card indebtedness of Cardholder shall, for the purposes of this guaranty, be deemed at BBOK's election to have become immediately due and payable. It is further agreed that should BBOK sell, transfer, discount or assign all or any portion of or interest in any indebtedness covered by this Guaranty, with or without recourse, then this guaranty shall extend to and inure to the benefit of the transferee or assignee of any such indebtedness so transferred, sold or assigned, and any such assignee or transferee shall have the same right or rights and cause of action as by this Guaranty is granted to BBOK. This is a continuing guaranty of payment and it shall remain in full force and effect until such time as all Visa/MasterCard credit cards subject to this Guaranty have expired or have been returned to BBOK for cancellation and all credit card indebtedness of cardholder to you have been paid in full. Guarantor(s) may, by the giving of sixty (60) days written notice, terminate this guaranty but said Guarantor(s) shall continue to be liable for any balance and/or outstanding purchases/cash advances made prior to or as of the date of termination of the guaranty. The parties understand that the termination of the guaranty by Guarantor(s) may result in the termination of the credit card to the party to whom the credit card has been issued. The terms "Guarantor(s)" and "Cardholder" and any pronouns referring thereto shall be construed in the masculine, feminine, neuter, singular or plural as the context may require. This Guaranty shall be binding upon the Guarantor(s) and their respective heirs, executors, administrators, successors and assigns. This Guaranty shall be governed by and construed in accordance with the laws of the State of Kansas. ACKNOWLEDGEMENT BY GUARANTOR(S) Guarantor(s) of any indebtedness understands that if the Cardholder does not pay, they will be responsible for the full payment of said outstanding credit card indebtedness. BBOK can collect any outstanding credit card indebtedness from you without first trying to collect from the Cardholder. BBOK can use the same collection methods against you that can be used against the Cardholder. The Undersigned will pay or reimburse BBOK for all costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by BBOK in connection with the protection, defense or enforcement of this guaranty in litigation or bankruptcy or insolvency proceedings. DocuSigned by: Tanner Kautzman 3/15/2024 Printed Name: Tanner Kautzman Social Security Number: ____________________________ Address: 1107 E Alexander Road City, ST ZIP: Marlow, OK 73055 "Guarantor" Signature ____________________________ Printed Name: ____________________________ Social Security Number: ____________________________ Address: ____________________________ City, ST ZIP: ____________________________ Agreement ID 175685 Agreement Important Disclosures Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:46 AM IP Address 67.61.165.88 SBOK VISA BUSINESS CARD AGREEMENT Effective January 51, 2025 I. In this agreement "you" and "your" means analyst includes the business and/or business entity person who has signed this application and/or any authorized by that business for a Bankers Bank of Kansas, (BBOK) account, as an individual user. "You" and "your" also refer to the business person who has signed a BBOK card and/or any authorized by that business for an account and/or card signed. "We", "us", "our" and "Bank" refer to Bankers Bank of Kansas, P.O. Box 12840, Wichita, KS 67209-0840. "Card" means any VISA Business Card issued to you or any authorized by that business device being used from time to time upon presentation to obtain money, property or services on credit. "Card" is implied when you obtain or use a card without specifying which card is referred to as a Card. If more than one person has signed the application and/or are authorized by the business for an account, this agreement applies equally to each authorized signer. 2. You agree that this agreement is entered into at Wichita, Kansas, U.S.A., and that all agreements and/or credit cards are issued based on our acceptance of the business application at our principal place of business there. 3. This agreement governs any account for which you are liable now or in the future. By signing your card or using your account, or allowing someone else, you accept the terms of this agreement. 4. You agree to a sign a new card immediately upon receipt. You will be responsible for card misuse, lost or stolen cards if you are liable for any fraudulent activity. If it is determined that you were grossly negligent in the handling of the account or card. 5. We issue credit card(s) at your request for use at store but they are our property. We may renew your card(s) from time to time. We reserve the right, without notice, to refuse to extend or change your liability for credit we have already extended you. You agree to deliver at our demand any card(s) issued on behalf of your business to us or our agent. We may issue you different card(s) at any time. 6. You authorize us to charge to your account all purchases obtained within your account number. We agree to advance amounts necessary to pay for all purchases and advances, provided you are not over your credit limit nor in arrears and you abide by the terms of this agreement. 7. You hereby assume the complete responsibility for the use and control of the card(s) received by you and all charges on said card(s) even though the use may not be primarily for your benefit regarding such charges. Should the card(s) be misused, we agree to pay, in U.S. Dollars, as this agreement may require, for all indebtedness incurred by the unauthorized use of the card(s) or the appropriate account number(s), subject to the current VISA Business Card Agreement. 8. You agree: "authorized use" means any purchase, cash advances, call orders or other credit incurred through the use of the requested credit card(s) or your assigned account number(s), by you or at your direction and/or with your consent or permission, regardless of your card account. You may not use your card(s) for any illegal purpose or transaction. 9. You agree to pay us within 25 days from the "Closing Date" shown on each monthly statement, either (a) the "New Balance" or (b) a part of the New Balance not to be less than the Minimum Payment Required. Your payments are accepted according to the current minimum periodic payment schedule. The schedule we use is follow: A. The minimum payment required is the New Balance shown on your statement if the amount is equal to or less than $25.00. B. If the New Balance exceeds $25.00, the minimum payment is 2% (percent) of the New Balance (rounded up to the next dollar) plus any cycle date FINANCE CHARGE plus any unpaid balance from the last billing cycle. Payments include the Minimum Payment calculated above, plus any amount in excess of your credit limit and any amount past due. Checks should be made payable to VISA. Only checks payable to VISA will be accepted for payment. Checks you have received from another issuer must be endorsed and sent directly over to VISA. That is, BBOK will not serve as a second endorser. 10. A FINANCE CHARGE will be imposed on your account under the following conditions: A. PURCHASES A Finance Charge will be imposed on Credit Purchases only if you do not pay the entire New Balance shown on your monthly statement by the previous billing cycle within 25 days from the closing date of that statement. If you elect not to pay the entire New Balance shown on your previous statement at the end of any such 25 day period, a Finance Charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous statement closing date on the first day of the period and each day of the period until your account during the current billing cycle, and will continue to accrue until the closing date of the billing cycle preceding the date on which the entire New Balance is paid in full or until the date of payment if more than 25 days from the closing date. B. CASH ADVANCES/CASH EQUIVALENCY A Finance Charge will be imposed on Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and will continue to accrue on the unpaid average daily balance of such Cash Advances from the date made and 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We set your credit line when we open your account, and we may change it from time to time at your request. Your credit line will appear on each monthly statement. You agree not to incur, or to let others incur, charges on your account that exceed your credit line. If the amount on your account exceeds your credit line, you agree, if we request, to make a payment to reduce the total on your account to an amount below your credit line. 18. If you revoke the authority of someone to use your account, revocation is not effective until that person's card expires or you return it to us within 60 days after making such request. If your balance under outstanding purchases/cash advances made as of or prior to the expiration date of the card on your card(s) are returned to zero before the expiration date of the card, then a Guaranty Agreement has been executed by another party and/or entity guaranteeing payment of this account and if such party and/or entity granting payment on your account fails to do so within the period of the guaranty, all credit (except issued revolving) may be terminated forthwith. 19. You agree to notify us promptly by telephone of the loss or theft of any credit card issued on behalf of your business. You may be liable for unauthorized use of your credit card issued to you by us in the event of unauthorized use that occurs after you notify us by telephone at (948) 835-3486. In any case, your liability will not exceed $50.00. The liability of the issuer of any other credit card issued to you by us shall not exceed the lesser of $50.00 or the amount of money, property, labor, or services obtained by the unauthorized use before proper notification is given. 20. You agree that "unauthorized user" means the use of a credit card which the issuer determines to be beyond the right, authority, or warranting, and which is by a person other than you or your agent, who does not have actual, implied or apparent authority for such use, and from whom you receive no benefit. 21. We are not accountable if anyone refuses to honor a credit card with you or if the issuer denies you credit because of purchases and Cash Advances, respectively, or because of any other reason, neither the Merchant nor the Cash Advance Bank is liable to honor the Card or any Retail Card. Any information received from the issuer shall be subject but not by cash but rather by a credit advice to issuer which shall be shown as a credit on Cardholder's account statement with issuer. 22. We will consider your account past due if you fail to pay at least your minimum payment in funds acceptable to us by the date it is due. Your account will remain past due until any previous unpaid balance is paid. 23. We can consider you in default if you provide us with false information and/or fail to comply with any terms of agreement or without our permission, if you fail to provide updated information which we request from time to time. If you become subject to bankruptcy proceedings, receivership, or similar legal or equitable proceedings are instituted against you or your property, if there is any event which we believe causes the prospect of payment to be significantly impaired. If you become subject to bankruptcy proceedings, receivership, or similar legal or equitable proceedings are instituted against you or your property, if there is any event which we believe causes the prospect of payment to be significantly impaired. If you become subject to bankruptcy proceedings, receivership, or similar legal or equitable proceedings are instituted against you or your property, if there is any event which we believe causes the prospect of payment to be significantly impaired. 24. We may report your name and address, the amount owed, the amount owed on cash advances and/or that portion thereof which is not subject to grace periods, and the terms under which the account is or was maintained, to one or more credit reporting agencies and consumer credit bureaus. If you are an individual, we may report your name, address, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your creditworthiness, including any prospective employer, landlord, or employer, and the amount owed to anyone who asks for information about your 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credit Electronic Signature and Communication Disclosure This Electronic Signature and Communication Disclosure ("Disclosure") applies to the accounts that you have requested. The words "we," "us," and "our" means Bankers' Bank of Kansas and the words "you" and "your" means you, the individual(s) who have applied for this account. As used in this Disclosure, "Communication" means any authorization, agreement, disclosure, notice of our decision on your application, or other information related to this account including information regarding rates, fees, and other costs related to the financial product for which you are applying. Electronic Signature Agreement I am signing this Agreement electronically. I agree this electronic signature (hereafter referred to as "E-Signature") is the legal equivalent of my physical signature on this Agreement. Use of a keypad, mouse or other device to select an item, button, icon, or another similar act/action constitutes my signature acceptance and agreement as if actually signed by me in writing. No certification authority or other third party verification is necessary to validate my E-Signature, and the lack of such certification or third party verification will not in any way affect the enforceability of my E-Signature or any resulting contract. I consent to be legally bound by this Agreement's terms and conditions. I am authorized to enter into this Agreement for all persons who own or are authorized to access any of the accounts and such persons will be bound by the terms of this Agreement. The Scope of Communications to Be Provided in Electronic Form When you agree to these terms with respect to the product, you agree that we may provide you with any communications relating to this account in electronic format, and that we may discontinue sending paper communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to: • Initial disclosures or agreements for your account • Notices or disclosures about a change in the terms of this account • Privacy Notices Method of Providing Communications to You in Electronic Form All communications that we provide to you in electronic form will be provided via e-mail at the e-mail address you specify at the time of this account application. How to Withdraw Consent You may withdraw your consent to receive communications in electronic form by contacting us at 1-800-675-6284. We may treat your provision of an invalid e-mail address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. We will not impose any fee to process the withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal. How to Update Your Records It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this account(s), and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) by contacting your local branch or calling 1-800-675-6284. Hardware and Software Requirements In order to receive disclosures electronically the following hardware and software must be met: a computer or other device which supports an Internet web browser which is capable of supporting HTML and 128-bit SSL encryption; connection to the Internet; and a current version of a program that accurately reads and displays Portable Document Format or "PDF" files, such as Adobe® Acrobat Reader® version 8.0 and above. Requesting Paper Copies You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy, contact us by telephone at 1-800-675-6284. We may charge you a reasonable service charge for the delivery of paper copies of any communication provided to you electronically pursuant to your authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically. Communications in Writing All communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this disclosure, and any other communication that is important to you. Federal Law You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. Termination/Changes We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law. Consent By clicking the “Sign and Continue” button beside this disclosure on the screen, you consent to receiving disclosures and documents electronically and to the terms and conditions described in this document. VISA® Business Card <table> <tr> <th colspan="2">Interest Rates and Interest Charges</th> </tr> <tr> <td>Annual Percentage Rate (APR) for Purchases</td> <td>15.42%¹</td> </tr> <tr> <td>Other APRs</td> <td>Cash Advance APR 21%²<br>Default Rate 21%³</td> </tr> <tr> <td>Variable Rate Information</td> <td>Your APR may vary. The rate is determined on the last day of each month by adding 6.92% to the "Prime Rate."¹</td> </tr> <tr> <td>Grace Period for Purchases</td> <td>25 Days⁴</td> </tr> <tr> <td>Method of Computing the Balance</td> <td>Average Daily Balance including New Purchases⁵</td> </tr> </table> <table> <tr> <th colspan="2">Fees</th> </tr> <tr> <td>Annual Fee</td> <td>$29 per Card⁶</td> </tr> <tr> <td>Transaction Fees<br>• Cash Advance<br>• International Transaction</td> <td>Either $10.00 or 3% of the amount of each advance, whichever is greater.<br>3% of U.S. dollar amount of the transaction.</td> </tr> <tr> <td>Penalty Fees<br>• Late Payment<br>• Overlimit<br>• Returned Check</td> <td>$29<br>$29<br>$29</td> </tr> </table> Business account balances are due and payable in full each month upon receipt of credit card statement. 1 The Prime Rate used to determine your ANNUAL PERCENTAGE RATE is the Rate published in the Wall Street Journal under the "Money Rates" subsection on the last business day of the month. If the closing date of the billing cycle is not a business day, then the first business day following the closing date of the billing cycle is used. 2 A Finance Charge will be imposed on cash advanced from the date made, or from the first day of the billing cycle in which the cash advance is posted to your account, whichever is later, and will continue to accrue on the unpaid average daily balance of such cash advances until the date of payment if paid during the same billing cycle, or until the closing date of the billing cycle, or until the closing date of the cycle preceding the date on which the entire New Balance is paid in full or until the date of payment if more than 25 days from the closing. 3 If your account is or becomes more than 60 days past due at any time, or is otherwise in default in regard to any provision of the Visa Business Card Agreement, we may immediately increase the rate to a "Monthly Periodic Rate" of 1.75% (which is a corresponding ANNUAL PERCENTAGE RATE of 21%) effective with the first day of the next billing cycle of your account. 4 A Finance Charge will be imposed on Credit Purchases only if you do not pay the entire New Balance shown on your monthly statement for the previous billing cycle within 25 days from the closing date of that statement and a late fee will be charged. 5 The Finance Charge for a billing cycle is computed by applying the Monthly Periodic Rate to the average daily balance of Credit Purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance of Credit Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the beginning of the billing cycle any new Credit Purchases posted to your account, and subtracting any payments as received and credits as posted to your account, but excluding any unpaid Finance Charges. 6 See Business Cardholder Agreement for alternatives to avoid said Annual Fee. How Will We Calculate Your Balance: We use a method called "average daily balance (including new transactions)." How We Calculate Variable Rates: If your account is subject to a Finance Charge, your ANNUAL PERCENTAGE RATE may vary. Your Rate on purchases is determined by adding 6.92% to the "Prime Rate" published in the Wall Street Journal under the "Money Rates" subsection on the last business day of each month. Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, physical address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Credit Review and Reporting: You authorize us to obtain consumer reports on you from consumer reporting agencies for any lawful purpose, including any update, extension of credit, review, or collection of your account. We can do this from time to time while your account is open and after it is closed (if you owe us any money). If you request, you will be informed whether any consumer report was requested and if a report was requested, the name and address of the consumer reporting agency furnishing the report. Unlawful Internet Gambling Enforcement Act of 2006: Transactions restricted by the Unlawful Internet Gambling Enforcement Act of 2006 are prohibited from being processed through this commercial account. You agree that such transactions will not be conducted through your account, and that you will notify Bankers' Bank of Kansas (BBOK) should your account be used for Internet Gambling of any kind. Please be advised that should Bankers' Bank of Kansas discover your account being used for such restricted transactions, we may terminate your access to certain payment systems and/or close your account As of the date in the lower right corner of this application, the information listed was accurate. Because rates and terms are subject to change, you may contact us for current information by writing to us at P.O. Box 20810, Wichita, KS, 67208-6810 or email us at [email protected]. The Visa Business Card Agreement should be reviewed for all conditions and terms. Bankers' Bank of Kansas is card issuer. Agreements Agreement ID 175688 Agreement Electronic Signature Agreement Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:47 AM IP Address 67.61.165.88 Agreement ID 175684 Agreement Authorized Signer Certification Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:46 AM IP Address 67.61.165.88 Agreement ID 175683 Agreement Authorized User Certification Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:46 AM IP Address 67.61.165.88 Agreement ID 175687 Agreement Credit Card Agreement Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:47 AM IP Address 67.61.165.88 Agreement ID 175686 Agreement Beneficial Owner Certification Name Tanner Kautzman Signature Tanner Kautzman Timestamp Mar 14, 2024, 9:23:46 AM IP Address 67.61.165.88