IN THESE AGREEMENTS, THE WORDS "I," "ME,"
"MY" AND "MINE" WILL MEAN ALL PERSONS WHO
COMPLETED AN OPEN-END CREDIT PLAN APPLICATION AND ALSO ENDORSED
THE PROCEEDS CHECK. THE WORDS "YOU," "YOUR"
AND "YOURS" MEAN THE CREDIT UNION.
CREDIT AGREEMENT
I agree to the terms and conditions of this agreement and any
future amendments thereto, and promise to pay you all amounts
due.
Advances: You will make loan advances to me. You have
informed me of how I may obtain loan advances under this Open-end
Credit Plan. I understand that all advances must be made for good
purpose. You reserve the right to refuse to make any advance without
affecting the liability of any co-maker.
Credit Limits: Advances against my open-end credit plan
will at no time, in total, exceed the limit as set forth in the
loan policy of the credit union. Advances on secured loans will
depend on the value of security offered at the time of each advance.
Payments: The minimum monthly payment and due date will
be set and disclosed to me at the time each advance is made. My
minimum payment will be based upon the amount of my outstanding
balances immediately after my most recent advance. My minimum
payment will not change unless I request additional advances or
fail to keep my agreement. I may pay the credit balance in full
or in part at any time without penalty. However, minimum periodic
payments are required on each loan account as long as any balance
exists.
Allocation of Payments and Additional Payments: Payments and
credits shall be applied in the following order: any amounts past
due; any fees or charges owing, including any insurance premiums;
accrued interest or finance charges; outstanding principal. Payments
made in addition to regularly scheduled payments shall be applied
in the same order.
Late Charges: If I make a late payment, I agree to pay
a late charge if one is disclosed on page 1 of this document.
Loans by Mail: If this loan is being made by mail, interest on
this loan begins when the loan proceeds are mailed. If this loan
refinances an earlier loan, said loan will be cancelled and refinanced
as of the date on page 1.
Credit Insurance: If I choose voluntary credit life and/or
disability insurance, the premiums for such coverage will be added
to my outstanding balance. If I do not make any payment when due,
you may, at your option, cancel such coverage. You also have the
option of paying the insurance premiums and adding them to my
outstanding balance where they will be subject to the Annual Percentage
Rate disclosed.
Default: I shall be considered in default if any of the
following occur: (1) If I break any promise made under this Credit
Agreement or under the Security Agreement; or (2) if I do not
use the money you advanced me for the purpose stated in my application;
or (3) if you should, in good faith, believe that prospect of
payment, performance or realization of the collateral, if any,
is impaired; or (4) if I die; or (5) if I file a petition in bankruptcy,
insolvency, or receivership or am put involuntarily into such
proceedings; or (6) if the collateral, if any, given as security
for this account is lost, damaged or destroyed, or if it is levied
against, attached or garnished; or (7) if I do not pay on time
any of my other or future debts to you. If I default, you may,
at your option, declare this account immediately due and payable,
and I must immediately pay to you at that time the total unpaid
balance, as well as the Finance Charge to date, any late charges
and costs of collection permitted under law, including reasonable
attorney's fees. Costs of collection include, but are not limited
to, repossession fees, appraisals, environmental site assessments,
casualty damage insurance coverage, and attorney's fees for any
action taken by an attorney in order to collect this loan or preserve
or protect the credit union's rights and remedies, including,
without limitation, pre-suit demands for payment, pre-suit mediation
or settlement negotiations, investigation and assessment of the
credit unions' rights, participation in bankruptcy cases, matters,
and proceedings (including, without limitation, filing proofs
of claim, pursuing reaffirmation agreements, attending meetings
of creditors, and pursuing complaints, motions, and objections
that relate in any way to the credit union's collateral or right
to payment), collateral disposition, non-bankruptcy suits and/or
administrative actions, and appeals. The principal balance in
default shall bear interest at the contract rate.
Statutory Lien: If I am in default, federal law gives
you the right to apply the balance of shares and/or dividends
in my account(s) at the time of default to satisfy this loan.
Once I am in default, you may exercise this right without further
notice to me.
Debtor Responsibility: I promise to notify you of any change
in my name, address or employment. I promise not to apply for an
advance if I know there is a reasonable probability that I will
be unable to repay my obligation according to the terms of the credit
extension. I promise to inform you of any new information which
relates to my ability to repay my obligation. I promise not to submit
false or inaccurate information or willfully conceal information
regarding my creditworthiness, credit standing, or credit capacity.
Co-Maker's Liability: At times, you may advance sums under
this agreement to more then one person, each of whom has signed
this agreement. All persons called Co-Makers, agree to the following:
1) That the terms "I," "me," "my"
and "mine" apply to all of them. 2) That each is equally
liable under this agreement to fulfill all of its terms and conditions.
3) That each of them is named the agent of the other for the purpose
of applying for and receiving loan advances under the agreement
now and in the future. 4) That any notice mailed to one shall
be considered notice mailed to all.
I understand that I may remove myself from responsibility as Co-maker
at any time by notifying you in writing. However, that does not
release me from any liabilities already incurred.
Termination: I understand that you may terminate this
credit and security agreement under the following conditions:
1. Upon adverse re-evaluation of my creditworthiness. 2. If I
should fail to meet the terms of the agreements. 3. At my option,
or your option, with good cause and upon written notice. I understand
that termination will not affect my obligation to pay the balance
outstanding incurred prior to notice.
Additional Provisions:
1. I agree to provide you with a current financial statement if
so requested and that no advance will be made until you have reviewed
the financial statement.
2. In case any provision of this agreement is held invalid for
any reason such determination shall not affect the remaining provisions
of the agreement. But the agreement shall be enforced as if such
provision was never included. 3. I admit that I have received
a copy of this agreement, and that I have fully read and understand
all of its terms and conditions. 4. My signing and endorsing any
checks or drafts issued under this agreement shows my acceptance
of its terms and conditions.
Change of Terms: You may change the terms of this agreement
at any time. But you will give me written notice of any change
at least 15 days before the change takes effect.
Contractual Pledge of Shares: I pledge all my shares and
deposits in the credit union, including future additions, as security
for advances under this Open-end Credit Plan. In case I default,
you may apply these shares and deposits to the payment of all sums
due at the time of default, including costs of collection and reasonable
attorney's fees. No lien or right to impress a lien on shares and
deposits shall apply to any of my shares which may be held in an
"Individual Retirement Account" or "Keogh Plan."
IF I HAVE CREDIT CARD(S), THIS PLEDGE OF SHARES APPLIES ALSO TO
MY CREDIT CARD ACCOUNT(S).
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