We will not pay interest on the Security Account,
unless we tell you we will in the secured credit Card
offer. If we do pay interest on the Security Account, it
will be deposited to the Security Account as proceeds
of the Funds to further secure the Obligations.
You grant to us, as of the date you deliver Funds to
us, a security interest in the Funds, any additions
to the Funds, any proceeds of the Funds and any
interest on any of these (collectively the “Collateral”)
to secure your performance of the Obligations. You
irrevocably and unconditionally relinquish possession
and control over the Collateral, and you pledge and
assign as security to us all of your right, title and
interest in it. You must take any action we request
to perfect or protect our rst lien position security
interest in the Collateral. You waive the benet of any
homestead or other exemptions in the Collateral.
If (1) you are in default of any Obligation under
the Customer Agreement; or (2) your Account is
closed for any reason, you authorize us to withdraw
Collateral from the Security Account and apply such
amounts to the Account without sending you notice
or demand for payment. We may do this in addition
to any other rights we have under the law or the
Agreement. The application of Funds to your Account
will not change your minimum payment amount. You
are responsible for the repayment of any Obligation
that is not satised by the application of Collateral.
We may take up to 60 days to return any excess
Collateral to you.
Legal Proceedings.
(1) You represent that (a) there are no current lawsuits
or bankruptcy proceedings that might affect our
interest in the Collateral; and (b) You have not
and will not attempt to transfer any interest in
the Collateral to any other person or offer the
Collateral as security for any other obligation.
(2) If any other person seeks to attach the Collateral,
for example by legal garnishment, you agree
that we may deem the balance of the Account
immediately payable and apply the Collateral as
payment of the Obligations.
(3) If we must hire an attorney to defend or enforce
our rights under this Security Agreement or to
perform any legal services in connection with this
Security Agreement, You will pay our reasonable
attorneys’ fees and court costs, unless the law
does not allow us to collect these amounts.
If there is no activity with respect to your Account for
a prescribed period of time (generally ve years), the
Collateral may be presumed to have been abandoned
and will escheat to and become the property of the
Commonwealth of Virginia or another applicable
state. If this happens, we will stop paying any interest
on it. We will notify you if required by law prior to
escheating any Collateral held under this Security
Agreement.
Glossary
• “Access Check” means any check we send to you
to access credit from your Account. We may also
refer to an Access Check as a “convenience check”
or a “purchase check”.
•“Account” means your Card Account with us.
• “Authorized User” means a person who may use
the Card, but is not responsible for the repayment of
the Account.
• “Balance Transfer” means a Transfer posted to the
purchase Segment of your Account unless otherwise
described in your Truth-in-Lending Disclosures.
• “Billing Cycle” means the period of time reected
on a Statement. This period may vary in length, but
is approximately 30 days. You will have a Billing
Cycle even if a Statement is not required. We will
often specify a Billing Cycle by the month in which
its closing date occurs. For example, a “March Billing
Cycle” will have a closing date in March. We may
also refer to a Billing Cycle as a “Billing Period”.
If your Account balance has charged off, we may
switch to quarterly Billing Cycles for your Account.
• “Card” means any Capital One credit card
associated with your Account. This includes all
renewals and substitutions. It also means any other
access device for your Account we give you that
allows you to obtain credit, including any Account
number.
• “Cash Advance” means a loan in cash or things we
consider cash equivalents, including wire transfers,
travelers’ checks, money orders, foreign currency,
lottery tickets, gaming chips, and wagers. We post
Cash Advances to the Cash Advance Segment of
your Account and not to your purchase Segment.
• “Fees” means charges imposed on your Account not
based on the Annual Percentage Rates.
•“Interest Charges” means any charges to your
Account based on the application of Annual
Percentage Rates.
• “Item” means a check, draft, money order or other
negotiable instrument you use to pay your Account.
This includes any image of these instruments. This
does not include an Access Check.
• “Payment Card Network” means the network
provider displayed on your Card. This may be Visa
Inc., MasterCard International Incorporated, or any
other network provider.
• “Segments” means the different parts of your
Account we may establish that are subject to unique
APRs, pricing, or other terms. We create these parts
of your Account for such things as your purchases,
Balance Transfers, Cash Advances and Special
Transfers. The sum of your Segment balances
equals your total Account balance.
6