Disclosures

Notice to Maine and New York Residents - A consumer credit report may be requested in connection with this application or in connection with updates, renewals or extensions of any credit granted as a result of this application. If you subsequently ask for this information, you will be informed whether or not such a report was requested and, if so, the name and address of the agency that furnished the report.

Notice for Maine Residents - If this application is approved by the creditor, you will be required to obtain and maintain physical damage insurance on the collateral securing the debt. You have a right of free choice in the selection of the agent and insurer through or by which the insurance is placed.

Notice to Married Wisconsin Residents - Wisconsin law provides that no agreement, unilateral statement or court decree relating to marital property shall adversely affect a creditor's interest, unless prior to the time credit is granted the creditor is furnished a copy of the agreement, statement or decree, or has actual knowledge of the adverse provision. You must indicate the name of your spouse in Section 2 of this application, and the address if different from yours.

APPLICANT(S) ACKNOWLEDGE THAT (1) SELLER HAS NOT REPRESENTED THAT THE TERMS OF THIS FINANCING ARE MORE OR LESS FAVORABLE THAN OTHER FINANCING; (2) SELLER IS NOT APPLICANT'S AGENT IN OBTAINING THE FINANCING; (3) APPLICANT MAY OBTAIN FINANCING FROM OTHER SOURCES; (4) SELLER MAY BE COMPENSATED FOR SERVICES INVOLVED IN ARRANGING THIS FINANCING.

If you have applied for a revolving credit account, the following disclosures apply:

For Revolving Applicants Only
Currently effective rates are shown below:

The above rate is correct as of the date of printing, 13 September 2010, but is subject to change after that date. To find out what may have changed, write to FPC at John Deere Financial, P.O. Box 5327, Madison, WI 53705-0327; or call Customer Service at 1-800-541-2969.

 John Deere Financial Revolving Plan
Terms and Conditions - Personal Use

RETAIL CREDIT AND SECURITY AGREEMENT

This is your Agreement. Please read it and keep it for your records.

How We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)." See your account agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.

Terminology. In this Agreement the words you, your, and yours mean each person who applies for and is granted a John Deere Financial Revolving Plan Account, ("Account") and any co-applicant identified on the application. FPC means John Deere Financial, f.s.b., or any subsequent holder of the Account or any balances arising under the Account. When the terms "finance charge" and "interest charge" are used in this agreement and on other documents related to your account, they have the same meaning.

Credit Approval. This Agreement is not binding on us until FPC have approved your credit and given you notice of approval.

Card. You request an Account and credit card ("Card") from FPC.  You agree that this Agreement controls all purchases made on this Account or with use of the Card by you or any person you authorize to use it.  You authorize FPC to honor any purchase you make by mail, telephone, internet, facsimile transmission (fax) or other electronic means on your Account.  You agree that a signature is not necessary as identification in such cases.  You agree that any authorized use of your Account or Card constitutes your acceptance of all the terms and conditions of this Agreement, as it may be amended from time to time.  If you submit your application to FPC by internet, facsimile transmission (fax), or other electronic means, you agree that the application will have the same effect as a signed original.  You agree that you will promptly notify FPC in writing of suspected loss, theft, or unauthorized use of your Card.  You may be liable for the unauthorized use of your Card before you notify FPC in writing at John Deere Financial, P.O. Box 5327, Madison, Wisconsin 53705-0327 (800-541-2969) of the unauthorized use.  In any case, your liability will not exceed $50.  You consent and agree that your telephone conversations with FPC may be recorded to further improve FPC’s customer service. You agree that FPC and any affiliate and any retained debt collector may place phone calls to you using any telephone number, including a mobile phone number, you have provided to FPC, any affiliate or any retained debt collector, including calls using an automatic dialing and announcing device and prerecorded calls, and that such calls are not "unsolicited" under state or federal law. You agree to give FPC prompt notice of any change in your name, mailing address, or place of employment. You agree that until FPC receives notice of your new address, FPC may continue to send statements and other notices to the address you gave FPC on the application for this Account. You agree that, for the purposes of this Agreement, you will be deemed to "reside" in the state of your billing address as shown on FPC’s records. If more than one person or entity signed the application, each is jointly and severally responsible for all obligations, and amounts due, under this agreement.

Credit Limit. FPC will state your credit limit for your purchases when FPC notifies you of credit approval and issues your Card. You may request a change to your credit limit by writing us at the address listed above. You agree that FPC may increase or decrease your Account credit limit at any time, in FPC's sole discretion, without prior notice to you.

Account Use.

Regular Purchases. You can use your Account to purchase authorized goods and services from participating retailers up to the full amount of your credit limit.  You agree you will owe FPC all amounts charged on the Account, plus interest charges and the other charges provided for in this Agreement. FPC will allow a purchase of authorized goods or services from a participating retailer to be made through your account as long as (1) you are not in default; (2) your financial condition has not materially or adversely changed; and (3) FPC has not been provided information by third parties that indicates serious charge-offs or delinquencies with other of your accounts.  We will consider your Account to be inactive if no purchases have been made through your Card, and your Account Balance has been zero for 6 months or more.

You agree that all purchases and transactions made on your Account shall be for a personal, family or household purpose, and not for commercial or business purpose.

You agree that FPC is not responsible for the refusal of anyone to allow a purchase to be made through your Card.

Monthly Statement. FPC will send you a monthly statement whenever there is activity on your Account. Your monthly statement will show your New Balance, and any Late Fees and Interest Charge for purchases. In addition, it will show any available credit for purchases, an itemized list of current Purchases, Debits, Payments and Credits, the Minimum Required Payment and the Payment Due Date, as well as other pertinent information concerning your Account.

For information about your rights regarding billing errors, refunds, or adjustments, please refer to the section - Your Billing Rights.

FPC will send your monthly statements on dates and in intervals determined by us. Such statement shall be deemed correct and accepted by you unless FPC are notified to the contrary in writing within 60 days of our mailing such statement. If you think your monthly statement is incorrect, write us on a separate sheet at the address shown on the back of your billing statement no later than 60 days after FPC sent you the first statement on which the error or problem appeared. Describe the error as best you can and include your Account number in all correspondence.

Payment. The Payment Due Date is the date the payment is due at the address shown on the front of your monthly statement. You may at any time pay your entire New Balance or pay more than the Minimum Required Payment, and you will avoid or reduce Interest Charges by doing so. Payment of more than the Minimum Required Payment, while reducing your balance, may also be applied to your future Minimum Required Payments for up to six months. If your Payment Due Date falls on a date which we do not receive or accept payments by mail (including weekends and holidays) we will not treat the payment received the next business day as late for any purpose. All payments must be in U.S. dollars and drawn on funds on deposit in the United States. Payments must be sent to John Deere Financial, at the address designated on your monthly payment stub or to any other payment address FPC later designates on your monthly statement payment stub. We will not accept any payments at our offices.

Interest Charge Rates.  

No Interest if Paid in Full. FPC will add an INTEREST CHARGE calculated at the Regular Purchase Rate, as explained in the Special Promotions/No Interest if Paid in Full Transactions section of this Agreement.

Regular Purchases. On Regular Purchases, (not No Interest if Paid in Full Special Promotions) FPC will add a INTEREST CHARGE calculated at the following rate, if your New Balance is not paid in full on or before the Payment Due Date listed on your statement.

Interest Charges on your account for Regular Purchases may be calculated using a variable rate that will be determined by reference to a "Base Rate" to which is added a "Spread" to arrive at the current rate. The same Spread will be used for purchase(s) within your account.

The Base Rate from which your variable rate will be determined is the annual percentage rate of interest announced publicly from time to time by Citibank, N.A. in New York, New York, as the base rate it uses for interest rate determinations, which was in effect at the close of business on the fifteenth (15th) calendar day of each month, or the next succeeding business day if the fifteenth is not a business day ("Reference Day"). The Spread added to the Base Rate to determine the APR that will apply to your Account will be:

Rate increases and decreases, that result from changes in the Base Rate will take effect on the first day of the month, or the next succeeding business day if the first day is not a business day, after the Reference Day on which the Base Rate changes.

Changes in your variable rate will apply to your existing Account Balance as well as to future purchases. An increase in your rate will increase the total Interest Charge accruing on your Account and the balance on which your Minimum Required Payment is calculated. For example, if the Base Rate (and thus the applicable variable rate) were to increase by 5%, and the average daily balance to which the new rate applied was $1,000, your INTEREST CHARGE for that month would increase by $4.17 as a result of the increase in the variable rate.

Current effective rates are shown below:

The above rate is correct as of the date of printing, 13 September 2010, but is subject to change after that date. To find out what may have changed, write to FPC at John Deere Financial, P.O. Box 5327, Madison, Wisconsin 53705-0327; or call Customer Service at 1-800-541-2969.

Interest Charge Calculation. The amount of Interest Charge is determined in the following manner. FPC uses the daily periodic rates and corresponding APR shown in this Agreement.  The applicable periodic rate is applied to the "Average Daily Balance" of your corresponding purchases, including current transactions, during the current billing cycle.

To get the "Average Daily Balance", FPC takes the beginning balance of those purchases each day, starting with any Previous Balance outstanding on the first day of the monthly billing cycle, adds new purchases and debits (other than late payment fees), and subtracts payments or credits.  This determines the daily balance.  Unless FPC elects to use a later date, purchases are added to the daily balance as of the date of purchase.

Minimum Required Payment. You agree to pay each month a Minimum Required Payment equal to:

1. Any late payment fee due; plus
2. Any additional fees; plus
3. Any amount past due; plus 
4. For purchases:

Special Promotions. From time to time special financing terms, such as extended free periods, incentive interest rates on certain purchases or other promotions may be available. This may be limited to certain purchases from participating retailers. These special terms will be disclosed by the retailer at the time of purchase or on the next monthly statement sent to you and will govern the APR and repayment terms. Purchases you make during these special promotions will be separately identified on your monthly statement and will become part of the balance on which your INTEREST CHARGE and Minimum Required Payment are calculated at the time provided in the special terms disclosure. Final payment due for these transactions may be slightly larger. Any introductory low rate may be followed by a higher rate, which may be as high as the Regular Purchase Rate.

No Interest if Paid in Full Transactions.Unless otherwise disclosed, minimum monthly payments will be made and Interest Charge will accrue from the transaction date during the No Interest if Paid in Full period described on your monthly statement at the Regular Purchase Rate as explained in the Regular Purchase Rate section of this Agreement. No Interest Charge will be due until the end of the No Interest if Paid in Full period and any accrued Interest Charge will be waived if the entire No Interest if Paid in Full balance is paid in full by the end of this No Interest if Paid in Full period.  If the No Interest if Paid in Full transaction balance is not paid in full during the introductory No Interest if Paid in Full period, interest charge will accrue from the transaction date at the Regular Purchase Rate.

No Interest with Payment Transactions. Interest Charges will not accrue during any no interest period described on your monthly statement. Minimum required payments will be required during the no interest period. If the no interest transaction is not paid in full during the introductory no interest period, interest charge will accrue at the Regular Purchase Rate.

Other Fees & Charges. FPC will add to your Account: (1) A Late Payment Fee of $25 may be applied for the first time. FPC does not receive a payment of at least the current portion of your Minimum Required Payment (Minimum Required Payment plus unpaid late payment fees and past due amounts) by the Payment Due Date shown on your statement and a $35 fee for any additional late payments during the next six statement billing cycles; (2) A Returned Payment Fee of $25 may be applied on the first check or electronic payment authorization FPC receives which is dishonored and a $35 fee for any additional dishonored payments during the next six statement billing cycles; and (3) expenses incurred in connection with the enforcement of our remedies upon default, including, without limitation, (a) repossession, repair and collection costs, and (b) any attorney fees plus court costs and related fees, including any bankruptcy fees and costs.  Any credit balance in excess of $1 on your account will be refunded within 7 business days from FPC’s receipt of your written request.  Otherwise, FPC will refund to you any credit balance remaining on your account after six months.  FPC will retain any credit balance if it is less than $1 or if FPC does not know your address and it cannot be traced through the last address or telephone number provided FPC.

Accepting Payment. FPC can accept late or partial payments, as well as payments marked "paid in full" or with other restrictive endorsements, without losing any of FPC's rights under this agreement.

Credit Reports. FPC may report your performance under this Agreement to credit reporting agencies and others who request a credit reference from us. FPC may ask credit reporting agencies or others you list as a credit reference for consumer reports or information regarding your credit history at any time for all legitimate purposes, including credit decisions and the review and collection of your Account. If you request, you will be provided with the name and address of any credit reporting agency that provided a report in connection with this application. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. You also authorize us to disclose financial information about you as described in this Agreement and future notices FPC may send you.

Cancellation. You may close your Account to future purchases at any time by notifying us in writing and returning all Cards.FPC may close or suspend your Account to future purchases at any time without prior notice. Regardless of the expiration, closing or suspension of your Account, you remain responsible for paying the amount you owe us according to the terms of this Agreement.

SECURITY INTEREST.  Except for residents of NC resident purchases with an ANNUAL PERCENTAGE RATE exceeding 15%, you grant us a purchase money security interest in all merchandise purchased through your Account, and its proceeds, including insurance proceeds. Our security interest continues until such merchandise is paid for in full by application of your payments in the manner described in this Agreement. You agree to execute and authorize us to file (or to sign for you and file) any financing statement(s) or other document(s) needed to perfect the security interest that you have given us or that FPC may deem necessary before your debt is paid in full.

Property Insurance. While FPC security interest in the merchandise continues, you must maintain all-risk physical damage insurance on each merchandise item of which $5,000 or more is financed through your Account. You may obtain such coverage from any source, and if it is not available from or through FPC. You will name John Deere Financial, f.s.b. as a loss payee of the insurance, entitled at least 10 days advance notice of its cancellation, and at FPC's request you will provide evidence thereof. You assign and direct the insurer to pay FPC the proceeds of such insurance. You authorize FPC to make and settle claims, and to endorse in your name(s) and apply, any instrument for such proceeds to the unpaid purchase price of the item or, at FPC's option, to its restoration, returning any excess to you.

Payment Application.
You agree that your Minimum Required Payment will be applied as FPC determines in its sole discretion. You agree that FPC has this discretion and that FPC may exercise it to suit its own convenience and interests, without further notice to you. You also agree that FPC may change how it applies payments at any time without notice to you. You acknowledge that the exercise of this discretion by FPC may result in cases in which the application of payments to the Account creates higher Interest Charges then other payment application methods and that this may include payments allocated to balances with lower APRs before balances with higher APRs and/or to balances with longer promotional periods before balances with shorter or no promotional periods. FPC will allocate the entire amount paid by you in excess of the Minimum Required Payment amount to the balances on which interest is deferred during the last 2 billing cycles immediately preceding the expiration of the period during which interest is deferred. FPC shall apply any remaining amount paid by you first to the transaction balance bearing the highest rate of interest, and then to each successive transaction balance bearing the next highest rate of interest, until all the amount you paid is applied to the Account.

You agree that your payments will be credited as of the date of receipt at the address on the payment stub of your Monthly Statement if received by 5:00 p.m. Central Time Monday through Friday (otherwise next business day). If payment is not accompanied by the payment stub or account number, is not received at that location, or is not made in U.S. Dollars, by check or money order, credit may be delayed up to five business days.

Retailer Chargebacks. FPC may chargeback to a retailer who sold goods or services to you on your Account, any part of your Account balance related to those purchases.  In such an event, this Agreement will be deemed assigned to the retailer to the extent of the chargeback.  You agree to such an assignment and further agree to pay the retailer the amount of such chargeback in accordance with the terms of this Agreement.

Default. You agree that you will be in default if: (a) you fail to pay the Minimum Required Payment by the Payment Due Date on two occasions within any 12 month period; (b) the value of FPC’s security interest in any collateral is materially impaired; (c) your ability to repay is materially reduced by your exceeding your credit limit, by a change in your employment, by a change in your obligations, by bankruptcy or insolvency proceedings involving you, or (for community property state residents only) by a change in your marital status or domicile; (d) if you die or are declared incompetent; (e) you provided FPC false or misleading information relating to your credit application or Account; (f) any purchase or transaction on your Account is not for a personal, family or household purpose; (g) you fail to perform any other of your obligations under the terms of this Agreement as it may be amended; or (h) you are in default under any other agreement you have with FPC or any of its affiliates.

You agree that upon your default, FPC may close your Account to future purchases and demand immediate payment of your entire Account balance, after giving you any notice and opportunity to cure the default required by applicable law. In addition, you agree that FPC shall have all the rights of a secured creditor under the Uniform Commercial Code and other applicable law.

ELECTRONIC DISCLOSURE.You agree that any notices and disclosures related to your account can be delivered to you in printed form or by electronic means if you provided an electronic mail address to us when you applied for this account or at a later date. Until FPC receive notice of a new electronic mail address, FPC may continue to send such notices and disclosures to the electronic mail address you most recently provided to us.

ERRORS IN CREDIT BUREAU INFORMATION. If you believe FPC have reported inaccurate information about you to a credit bureau, please contact us at John Deere Financial, P.O. Box 5327, Madison, Wisconsin 53705-0327, and identify the inaccurate information and tell us why you believe it is incorrect.

Delay in Enforcement. FPC can delay enforcing our rights under this Agreement without losing them.

OTHER SERVICES. Third parties may offer additional features, services and enhancements related to the Account. You acknowledge that FPC are not liable for those and that they are the sole responsibility of those third parties. If you receive insurance services, you understand that you will receive all the information on those services from the insurer. That insurance may be cancelled if you are in default under this Agreement.

Governing Law. This Agreement must be approved, and all charges and payments to your Account processed by us at our office in Madison, Wisconsin. Therefore this Agreement and your Account will be governed by the substantive law of the United States and to the extent state law applies to this Agreement, the substantive law of the State of Wisconsin; regardless of whether or not you reside in Wisconsin. The law of your state of residence will apply to our recovery of any collateral located there. This is the entire Agreement between you and us and no oral changes can be made.

Invalidity of any provision of this Agreement shall not affect the validity and enforceability of the remainder of its terms.

Changing This Agreement. IMPORTANT:  READ BEFORE SIGNING.   THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.  NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.  YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.  FPC may change this Agreement, including the Annual Percentage Rate and the Interest Charge Calculation, at any time. If FPC do, FPC will provide you prior written notice. To the extent that the law permits and FPC indicate in our notice, the changes will apply to your existing Account balance as well as to future transactions.

ARBITRATION OF DISPUTES. In the event of any past, present or future claim or dispute between you and us arising from or relating to your Account, any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of any prior agreement, you or FPC may elect to resolve the claim or dispute by binding arbitration.

This includes any such claim or dispute, whether based upon contract, property, tort, statute, common law or equity, other than a claim relating to our right to repossess the merchandise purchased through your account by self-help, if permitted, or by judicial process. The parties agree and understand that the arbitration shall have all Powers provided by law and the Contract. These Powers shall include all legal and equitable remedies including, but not limited to money damages, declaratory relief, and injunctive relief.

The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have the right or opportunity to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, except as provided herein.

IF EITHER YOU OR FPC ELECT ARBITRATION, NEITHER YOU NOR FPC SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION.

NEITHER YOU NOR FPC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMER WITH RESPECT TO OTHER ACCOUNTS, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Even if all parties have opted to litigate a claim in court, you or FPC may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. Arbitration may be elected at any time , regardless of whether a lawsuit has been filed, unless the lawsuit involving that claim or dispute has resulted in a final judgment. FPC will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, so long as the claim is pending only in that court and does not exceed $5,000.

Your Account involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted by JAMS or American Arbitration Association (AAA), at the option of the party electing arbitration, in accordance with their procedures in effect when the claim is filed. As of "date of print", for a copy of their procedures, to file a claim or for other information, contact AAA’s customer service at 1-800-778-7879 or visit their website at www.adr.org or contact JAMS at 1-800-352-5267 or by visiting their website at www.jamsadr.com. All claims may be filed at any JAMS or AAA office. At your written request, FPC will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of FPC’s electing to arbitrate that claim or dispute. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse FPC for any arbitration filing, administrative, or hearing fees in an amount greater than what your and FPC’s combined court cost would have been if the claim had been resolved in a state court with jurisdiction.

Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amount in controversy exceeds $100,000, any party may appeal the award within 30 days to a three-arbitrator panel which shall review the award de novo. The costs of such an appeal shall be borne by the appealing party regardless of outcome. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction.

Our rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates, predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. This arbitration shall survive termination of your Account as well as voluntary payment in full by you, and legal proceedings by us to collect a debt owed by you, any bankruptcy by you and any sale by us of your Account.

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, FPC will ask for your name, address, date of birth, and other information that will allow us to identify you.  FPC may ask to see your driver's license or other identifying documents.

• The John Deere Financial companies are providing this notice. They include Deere & Company, Deere Credit, Inc., John Deere Construction & Forestry Company and John Deere Financial, f.s.b.
• You may limit the John Deere companies, such as the manufacturing, credit, leasing and insurance affiliates, from marketing their products or services to you based on your personal information that they receive from any John Deere Financial company. This information may include your income, account history, and credit score.
• Your choice to limit marketing offers from the John Deere companies will apply for at least 5 years from when you tell us your choice. Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from the John Deere companies for at least another 5 years.
• To limit marketing offers, contact us at 1-800-541-2969.