Preview
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/17/2024
EXHIBIT G
{G1440363.1}
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
1916 Black River Blvd.
e Rome, NY13440
(3157356-3000
Line of Credit Agreement
and Disclosure
Q Covered Borrower Under Military Lending Act Personal Line of Credit
AGREEMENTOATE ACCOUNT NUMBER AGREEMENT NUMBER EXPIRATION DATE CREDifTiMff ------ -----
10/14/2021 1,000.00
[ BORROWER 1 (Name and Address) BORROWER 2 (Name and Address)
THAD M MACHIA
120 VAN ANDEN STREET
AUBURN, NY 13021
BORROWER 3 (Name and Address) BORROWER 4 (Name and Address)
1
| LINE OF CREDIT AGREEMENT AND DISCLOSURE |
The following terms apply to this Line of Credit Agreement and Disclosure ("Agreement”). "You" and “Your” mean any
person who signs, or otherwise authenticates, this Agreement. The Open-End Credit account created by this Agreement
will be referred to herein as the "Account”. “Credit Union”, “We”, "Our”, and “Us” mean the Credit Union whose name
appears herein or anyone to whom the Credit Union transfers its rights under this Agreement.
ACCOUNT
FEATURES
__________
The following applies to Your Line of Credit Account:
Interest Rate and Interest Charges
Annual Percentage Rate (APR) for Your APR will be 1 0.250 %.
Cash Advances
Paying Interest We will begin charging interest on the transaction date.
Penalty Fees
• Late Payment Fee $20.00
• Returned Payment Fee $28.00
How We Will Calculate Your Balance: We will use a balance computation method called daily balance. See this
Agreement for more details.
Billing Rights: Information on Your rights to dispute transactions and how to exercise those rights is provided in this
Agreement.
Collection Costs: You agree to pay all costs of collecting the amount You owe under this Agreement, including court
costs and reasonable attorney fees.
Military Lending Act Disclosures: Federal law provides important protections to members of the Armed Forces and
their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the
Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must
include, as applicable to the credit transaction or Account: The costs associated with credit insurance premiums; fees
for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain
application fees for specified credit transactions or accounts); and any participation fee charged (other than certain
participation fees for a credit card account).
Please call Us at (800) 388-2000 to receive oral disclosures of the Military Lending Act disclosure above and a
description of the payment obligation.
“Covered Borrower" for purposes of this Agreement means a consumer who, at the time the consumer becomes
obligated on this Agreement, is a covered member or a dependent of a covered member as defined by the Military
Lending Act. Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she
SEE NEXT PAGE for more important Information about Your account
©CUNA Mutual Group 2010, 18 All Rights Reserved Page 1 of 6 03105847-BZX85-P-1-010220 (BZX851-E)
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
Credit Union Account Number Agreement Number
AmeriCU Credit Union
became obligated on this Agreement) no longer is a covered member or a dependent of a covered member as
defined by the Military Lending Act.
Daily Periodic Rate: The Daily Periodic Rate will be 0.02808% with a corresponding APR of 1 0.250%.
Late Payment Fee: $20.00 will be charged to Your Account if You are 1 1 or more day(s) late in making a payment.
Returned Payment Fee: $28.00 will be charged to Your Share Account if Your payment is returned for any reason.
CREDIT AGREEMENT
1. USE OF ACCOUNT - We anticipate that, from time to time, You will borrow money under this Agreement. We are not
required to make Advances to You under the Account and can refuse a request for an Advance at any time, as
permitted by law. You agree to use the Account in accordance with this Agreement The Account must only be used for
lawful transactions. You promise to use the Account only for personal, family or household purposes, unless We give
You written permission to use the Account for agricultural or commercial purposes. You may obtain Advances in any
manner authorized by Us. We may renew or extend the expiration date of the Account at Our option if applicable.
2. CREDIT LIMIT - We may establish a credit limit as part of this Agreement, which You promise not to exceed. If You
exceed the credit limit, You promise to repay immediately the amount which exceeds the credit limit, including amounts
due to finance charges, fees or other charges. We reserve the right to change the credit limit at any time.
3. REPAYMENT - You promise to repay all amounts You owe under this Agreement. For each billing period, You must pay
at least the minimum payment due by the payment due date. Required minimum payment information will be disclosed
to You in a manner We choose and in accordance With applicable law. Payments must include any amount past due and
any amount by which You have exceeded any applicable credit limit. You may repay all or part of what You owe at any
time without any prepayment penalty. Even if You prepay, You will still be required to make the regular minimum
periodic payments unless We agree in writing to a change in the payment schedule. If You have a joint share, share
draft and/or deposit account, You will be responsible for paying all overdraft Advances obtained by anyone authorized to
use such accounts. Unless otherwise required by law, payments will be applied to amounts owed under the Account in
the manner We choose.
4. FINANCE CHARGES - (A) Interest Charges: Interest charges are a finance charge added when We apply the
applicable APR to the balance. If the interest rate is a variable interest rate, the Account Features section explains how
the variable interest rate works.
(B) When Interest Charges Begin to Accrue: Interest begins to accrue on Advances, other fees and any minimum
interest charges from the date it is added to the daily balance and continues to accrue until payment in full is credited to
the Account.
(C) How We Calculate Your Balance: We figure the interest charge by applying the periodic rate to the "daily balance”
for each day in the billing period. To get the “daily balance”, We take the beginning balance of Your Account each day,
add any new Advances, fees or charges and subtract any payments or credits. This gives Us the daily balance.
(D) Other Charges: In addition to interest charges, We may charge other finance charges which are disclosed in the
Account Features section.
5. SECURITY -- (A) General Pledge of Shares and Statutory Lien: You pledge as security for this Agreement all shares
and dividends and, if any, all deposits and interest in any and all joint or individual accounts You have with Us now and
in the future. A statutory lien may, according to applicable law, be enforced against Your shares and dividends, and if
any, deposits or interest, in all individual or joint accounts You have with Us to satisfy any outstanding financial
obligation due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, as
permitted by law. The statutory lien, Your pledge or both will allow Us to apply the funds in Your account(s) to
what You owe when You are in default The statutory lien and Your pledge do not apply to any Individual Retirement
Account or any other account that would lose special tax treatment under state or federal law if given as security or to
any amounts otherwise protected by law.
(B) Specific Pledge of Shares/Deposits: If You pledge a specific dollar amount to secure Your Account by signing a
separate Open-End Voucher, security agreement, or pledge of shares/deposits, We may freeze shares/deposits in the
account(s) offered as collateral up to the extent of the credit limit established for this Agreement or the outstanding
balance of the Account, whichever is higher, unless prohibited by law. If a specific dollar amount is pledged and We
choose not to freeze Your shares/deposits, Your pledged shares/deposits may be withdrawn by You or other authorized
parties, unless You are in default under this Agreement or the security agreement.
(C) Additional Security: Additional security for this Agreement may be required at the time Your Account is opened and
You may be required to sign a security agreement. Property provided as security will secure all amounts owed
SEE NEXT PAGE for more important information about Your account
Page 2 of 6 03105847-BZX85 PI 0 10220 (BZX851-E)
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
Credit Union Account Number Agreement Number
AmeriCU Credit Union
under this Agreement and all other loans You have with Us now or in the future, except any loan secured by
Your principal dwelling. Property securing other loans You have with Us may also secure this Agreement,
unless that property is Your principal dwelling or is otherwise prohibited by federal and/or state law.
6. PERIODIC STATEMENTS -- You will receive a periodic billing statement in accordance with applicable law if Your
Account has a debit or credit balance of more than $1 .00 or a finance charge has been imposed during that billing cycle.
If We deem Your Account uncollectible or institute collection proceedings through an outside agency or attorney, We
may stop sending You statements. Periodic finance charges and fees may continue to accrue even if We stop sending
statements
7. JOINT ACCOUNTS - If this is a joint Account, each of You are individually and jointly responsible for paying all amounts
owed. That means We can enforce Our rights under Your Account against any one of You individually or against all of
You together. If You give Us inconsistent instructions, We may refuse to follow Your instructions. Each of You authorizes
the other(s) to obtain Advances individually and agrees to repay Advances made to the other(s).
8. FEES AND CHARGES - We may charge You fees in connection with the Account. Our current fees are disclosed in the
Account Features section and will be charged to the account identified in the Account Features section unless You pay
them in cash.
9. UPDATING BORROWER INFORMATION -- You promise that You will promptly provide written notice to Us at the
address specified herein if You change Your address, name, employment, contact preference or other information. You
also agree to provide updated financial information to Us upon request, as permitted by law.
10. CREDIT REPORTS -- You authorize Us to obtain credit reports and any other information We may need to verify Your
identity and use of the Account when opening Your Account and for any update, increase, renewal, extension, collection
or review of Your Account. You authorize Us to disclose information regarding Your Account to credit bureaus and
creditors who inquire about Your credit standing.
11. DEFAULT - The following paragraph applies to borrowers in Iowa: You will be in default if You are more than 10
days late in making a payment. You will also be in default if You do not comply with the terms of this Agreement and
Your failure to comply materially impairs any property You gave as security under a security agreement, as applicable,
or Your ability to repay what You owe under the Account
The following paragraph applies to borrowers in Wisconsin: You will be in default if You fail to make a payment
when due two times during any 12 month period. You will also be in default if You break any promise made under this
Agreement that materially impairs Your ability to repay what You owe or materially impairs the condition, value, or
protection of or Our right in any property You gave as security under this Agreement and, as applicable, a security
agreement.
The following paragraph applies to borrowers in Idaho, Kansas, Maine, and to South Carolina borrowers of
state chartered credit unions: You will be in default if You do not make at least the minimum payment due by the
payment due date. You will also be in default if We believe the prospect of payment, performance, or realization on any
property given as security or performance is significantly impaired.
The following paragraph applies to borrowers in all other states and to South Carolina borrowers of federally
chartered credit unions: You will be in default if You do not make at least the minimum payment due by the payment
due date. You will be in default if You break any promise You made under this Agreement or if anyone is in default
under any security agreement made in connection with this Agreement. You will be in default if You die, file for
bankruptcy, become insolvent, if You make any false or misleading statements in any credit application or update of
credit information, or if something happens that We believe may substantially reduce Your ability to repay what You
owe. You will also be in default under this Agreement if You are in default under any other agreement with Us. You will
be in default if any property You have given Us as security is repossessed by someone else, seized under a forfeiture or
similar law, or if anything else happens that significantly affects the value of the property or Our security interest in it.
12. ACTIONS AFTER DEFAULT -- The following paragraph applies to borrowers in Colorado, District of Columbia,
Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia, Wisconsin and South Carolina
borrowers of state chartered credit unions: When You are in default and after expiration of any right You have under
applicable state law to cure Your default, We can demand immediate payment (acceleration) of the entire unpaid
balance under this Agreement without giving You advance notice. We may also exercise any other rights given by law
When You are in default.
The following paragraph applies to South Carolina borrowers of federally chartered credit unions and to
borrowers in all other states: When You are in default, We can require immediate payment (acceleration) of the entire
unpaid balance under this Agreement. We may also exercise any other rights given by law when You are in default.
SEE NEXT PAGE for more important information about Your account
Page 3 of 6 O31O5847-0ZX85-P-1-O1O22O (BZX851-E)
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
Credit Union Account Number Agreement Number
AmertCU Credit Union
Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive
demand for payment, notice of intent to accelerate and notice of acceleration.
13. ACCELERATION - If immediate payment is demanded, You will continue to pay interest until what You owe has been
repaid at the applicable interest rate in effect or, if applicable, at the penalty rate disclosed in this Agreement. If a
demand for immediate payment has been made, Your shares and/or deposits can be applied toward what You owe as
provided in the “Security” paragraph above. We may also exercise any other rights given by law and Our rights under
any security agreements You have with Us when You are in default.
14. CHANGES TO THIS AGREEMENT - We may change the rates, fees and terms of this Agreement at any time for any
reason, as permitted by law. Except as noted below, any change in the interest rate will apply to future Advances, and at
Our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. Further, We may be
compelled to change the rates, fees and terms of this Agreement if You change Your state of residence. We will provide
You notice of changes as required by law. Any changes to this Agreement are binding on You.
The following sentence applies to Illinois borrowers of state chartered credit unions: Any change to the interest
rate or other charges will apply to future Advances.
The following sentence applies to borrowers in Iowa: A change that increases the rate of finance charge or other
charge, that increases the amount of Your payments, or that otherwise adversely affects existing balances will apply to
existing balances only if You agree to the change or You use the Account after receiving notice that Your use of the
Account means You agree the change applies to existing balances.
15. TERMINATION - We may terminate this Agreement at any time. You may terminate this Agreement at any time by
giving Us written notice at Our address identified herein. If this is a joint Account, if any of You terminate this Agreement,
it shall be terminated for all. Termination of this Agreement shall not affect the obligations of You or any other obligor,
including the obligation to pay unpaid balances, under this Agreement.
The following paragraph applies to borrowers in Wisconsin: Your obligation to pay unpaid balances under this
Agreement continues whether You terminate the Agreement or the Credit Union terminates the Agreement, except to
the extent that Your liability is limited by Section 422.41 55 of the Wisconsin Statutes.
16. WAIVER - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability
to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives.
17. SEVERABILITY - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in
effect.
18. LEGAL REFERENCES - All references in this Agreement to statutes or regulations shall include any comparable future
legislation that amends, supplements, supersedes or renumbers the referenced legislation.
19. CALIFORNIA RESIDENTS -- A married applicant may apply for a separate Account. Applicants: 1) may, after credit
approval, use the Account up to its credit limit; 2) may be liable for amounts extended under the Account to any joint
applicant.
20. NOTICE TO MARYLAND RESIDENTS - To the extent, if any, that Maryland law applies to this Agreement, We elect to
offer the Agreement pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article.
21. NOTICE TO MISSOURI BORROWERS- Oral agreements or commitments to loan money, extend credit, or to
forbear from enforcing repayment of a debt including promises to extend or renew such debt are not
enforceable. To protect You (borrower(s)) and Us (creditor) from misunderstanding or disappointment, any
agreements We reach covering such matters are contained in this writing, which is the complete and exclusive
statement of the Agreement between Us, except as We may later agree in writing to modify it.
22. NEW YORK RESIDENTS -- We may obtain a credit report in connection with this Account, including for any review,
modification, renewal or collections associated with this Account. Upon Your request, You will be informed whether such
report was requested and, if so, the name and address of the consumer reporting agency furnishing the report.
23. SOUTH DAKOTA RESIDENTS -- If You believe there have been any improprieties in making this loan or in the lender’s
loan practices, You may contact the South Dakota Division of Banking at 1601 N. Harrison Ave, Suite 1, Pierre, SD
57501, or by phone at 605.773.3421 .
24. NOTICE TO UTAH BORROWERS - This written Agreement is a final expression of the Agreement between You and
the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement.
25. The following is required by Vermont law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS
THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE
LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
SEE NEXT PAGE for more important information about Your account
Page 4 of 6 03105847-BZX85 P-1-010220 (BZX851-E)
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
Credit Union Account Number Agreement Number
AmeriCU Credit Union
26. WISCONSIN RESIDENTS -- If You are married, please contact Us immediately upon receipt of this Agreement at the
address or phone number listed on this Agreement and provide Us with the name and address of Your spouse. We are
required to inform Your spouse that We have opened an Account for You.
ACKNOWLEDGMENTS
1. You have received and read this Agreement. By signing, or otherwise authenticating, You agree to be bound by the
terms of this Agreement.
2. You grant Us a security interest in all individual and joint share and/or deposit accounts You have with Us now
and in the future to secure what You owe under the Agreement. When You are in default, You authorize Us to
apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement
Account, and any other account that would lose special tax treatment under state or federal law if given as
security, are not subject to the security interest You have given in Your shares and deposits.
Borrower 1 Signature Date Borrower? Signature Date
z—~~DocuSigned by:
10/16/2021
X (Seal) X (Seal)
TH Pf9P4DB-
Signature Date Signature Date
X (Seal) X (Seal)
3J Borrowers: 3] Borrower 4:
2] Witness 3] Witness
SEE NEXT PAGE for more important information about Your account
Page 5 of 6 03105847-BZX85-M-010220 (BZX851E)
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439
NYSCEF DOC. NO. 9
DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F
RECEIVED NYSCEF: 05/17/2024
..
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 the address on Your periodic statement.
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. 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.
WhatWill 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 to 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.
Page 6 of 6 03105847-BZX85-P-1-010220 (BZX851-E)
Preview
FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/17/2024 EXHIBIT G {G1440363.1} FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 1916 Black River Blvd. e Rome, NY13440 (3157356-3000 Line of Credit Agreement and Disclosure Q Covered Borrower Under Military Lending Act Personal Line of Credit AGREEMENTOATE ACCOUNT NUMBER AGREEMENT NUMBER EXPIRATION DATE CREDifTiMff ------ ----- 10/14/2021 1,000.00 [ BORROWER 1 (Name and Address) BORROWER 2 (Name and Address) THAD M MACHIA 120 VAN ANDEN STREET AUBURN, NY 13021 BORROWER 3 (Name and Address) BORROWER 4 (Name and Address) 1 | LINE OF CREDIT AGREEMENT AND DISCLOSURE | The following terms apply to this Line of Credit Agreement and Disclosure ("Agreement”). "You" and “Your” mean any person who signs, or otherwise authenticates, this Agreement. The Open-End Credit account created by this Agreement will be referred to herein as the "Account”. “Credit Union”, “We”, "Our”, and “Us” mean the Credit Union whose name appears herein or anyone to whom the Credit Union transfers its rights under this Agreement. ACCOUNT FEATURES __________ The following applies to Your Line of Credit Account: Interest Rate and Interest Charges Annual Percentage Rate (APR) for Your APR will be 1 0.250 %. Cash Advances Paying Interest We will begin charging interest on the transaction date. Penalty Fees • Late Payment Fee $20.00 • Returned Payment Fee $28.00 How We Will Calculate Your Balance: We will use a balance computation method called daily balance. See this Agreement for more details. Billing Rights: Information on Your rights to dispute transactions and how to exercise those rights is provided in this Agreement. Collection Costs: You agree to pay all costs of collecting the amount You owe under this Agreement, including court costs and reasonable attorney fees. Military Lending Act Disclosures: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or Account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Please call Us at (800) 388-2000 to receive oral disclosures of the Military Lending Act disclosure above and a description of the payment obligation. “Covered Borrower" for purposes of this Agreement means a consumer who, at the time the consumer becomes obligated on this Agreement, is a covered member or a dependent of a covered member as defined by the Military Lending Act. Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she SEE NEXT PAGE for more important Information about Your account ©CUNA Mutual Group 2010, 18 All Rights Reserved Page 1 of 6 03105847-BZX85-P-1-010220 (BZX851-E) FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 Credit Union Account Number Agreement Number AmeriCU Credit Union became obligated on this Agreement) no longer is a covered member or a dependent of a covered member as defined by the Military Lending Act. Daily Periodic Rate: The Daily Periodic Rate will be 0.02808% with a corresponding APR of 1 0.250%. Late Payment Fee: $20.00 will be charged to Your Account if You are 1 1 or more day(s) late in making a payment. Returned Payment Fee: $28.00 will be charged to Your Share Account if Your payment is returned for any reason. CREDIT AGREEMENT 1. USE OF ACCOUNT - We anticipate that, from time to time, You will borrow money under this Agreement. We are not required to make Advances to You under the Account and can refuse a request for an Advance at any time, as permitted by law. You agree to use the Account in accordance with this Agreement The Account must only be used for lawful transactions. You promise to use the Account only for personal, family or household purposes, unless We give You written permission to use the Account for agricultural or commercial purposes. You may obtain Advances in any manner authorized by Us. We may renew or extend the expiration date of the Account at Our option if applicable. 2. CREDIT LIMIT - We may establish a credit limit as part of this Agreement, which You promise not to exceed. If You exceed the credit limit, You promise to repay immediately the amount which exceeds the credit limit, including amounts due to finance charges, fees or other charges. We reserve the right to change the credit limit at any time. 3. REPAYMENT - You promise to repay all amounts You owe under this Agreement. For each billing period, You must pay at least the minimum payment due by the payment due date. Required minimum payment information will be disclosed to You in a manner We choose and in accordance With applicable law. Payments must include any amount past due and any amount by which You have exceeded any applicable credit limit. You may repay all or part of what You owe at any time without any prepayment penalty. Even if You prepay, You will still be required to make the regular minimum periodic payments unless We agree in writing to a change in the payment schedule. If You have a joint share, share draft and/or deposit account, You will be responsible for paying all overdraft Advances obtained by anyone authorized to use such accounts. Unless otherwise required by law, payments will be applied to amounts owed under the Account in the manner We choose. 4. FINANCE CHARGES - (A) Interest Charges: Interest charges are a finance charge added when We apply the applicable APR to the balance. If the interest rate is a variable interest rate, the Account Features section explains how the variable interest rate works. (B) When Interest Charges Begin to Accrue: Interest begins to accrue on Advances, other fees and any minimum interest charges from the date it is added to the daily balance and continues to accrue until payment in full is credited to the Account. (C) How We Calculate Your Balance: We figure the interest charge by applying the periodic rate to the "daily balance” for each day in the billing period. To get the “daily balance”, We take the beginning balance of Your Account each day, add any new Advances, fees or charges and subtract any payments or credits. This gives Us the daily balance. (D) Other Charges: In addition to interest charges, We may charge other finance charges which are disclosed in the Account Features section. 5. SECURITY -- (A) General Pledge of Shares and Statutory Lien: You pledge as security for this Agreement all shares and dividends and, if any, all deposits and interest in any and all joint or individual accounts You have with Us now and in the future. A statutory lien may, according to applicable law, be enforced against Your shares and dividends, and if any, deposits or interest, in all individual or joint accounts You have with Us to satisfy any outstanding financial obligation due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, as permitted by law. The statutory lien, Your pledge or both will allow Us to apply the funds in Your account(s) to what You owe when You are in default The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security or to any amounts otherwise protected by law. (B) Specific Pledge of Shares/Deposits: If You pledge a specific dollar amount to secure Your Account by signing a separate Open-End Voucher, security agreement, or pledge of shares/deposits, We may freeze shares/deposits in the account(s) offered as collateral up to the extent of the credit limit established for this Agreement or the outstanding balance of the Account, whichever is higher, unless prohibited by law. If a specific dollar amount is pledged and We choose not to freeze Your shares/deposits, Your pledged shares/deposits may be withdrawn by You or other authorized parties, unless You are in default under this Agreement or the security agreement. (C) Additional Security: Additional security for this Agreement may be required at the time Your Account is opened and You may be required to sign a security agreement. Property provided as security will secure all amounts owed SEE NEXT PAGE for more important information about Your account Page 2 of 6 03105847-BZX85 PI 0 10220 (BZX851-E) FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 Credit Union Account Number Agreement Number AmeriCU Credit Union under this Agreement and all other loans You have with Us now or in the future, except any loan secured by Your principal dwelling. Property securing other loans You have with Us may also secure this Agreement, unless that property is Your principal dwelling or is otherwise prohibited by federal and/or state law. 6. PERIODIC STATEMENTS -- You will receive a periodic billing statement in accordance with applicable law if Your Account has a debit or credit balance of more than $1 .00 or a finance charge has been imposed during that billing cycle. If We deem Your Account uncollectible or institute collection proceedings through an outside agency or attorney, We may stop sending You statements. Periodic finance charges and fees may continue to accrue even if We stop sending statements 7. JOINT ACCOUNTS - If this is a joint Account, each of You are individually and jointly responsible for paying all amounts owed. That means We can enforce Our rights under Your Account against any one of You individually or against all of You together. If You give Us inconsistent instructions, We may refuse to follow Your instructions. Each of You authorizes the other(s) to obtain Advances individually and agrees to repay Advances made to the other(s). 8. FEES AND CHARGES - We may charge You fees in connection with the Account. Our current fees are disclosed in the Account Features section and will be charged to the account identified in the Account Features section unless You pay them in cash. 9. UPDATING BORROWER INFORMATION -- You promise that You will promptly provide written notice to Us at the address specified herein if You change Your address, name, employment, contact preference or other information. You also agree to provide updated financial information to Us upon request, as permitted by law. 10. CREDIT REPORTS -- You authorize Us to obtain credit reports and any other information We may need to verify Your identity and use of the Account when opening Your Account and for any update, increase, renewal, extension, collection or review of Your Account. You authorize Us to disclose information regarding Your Account to credit bureaus and creditors who inquire about Your credit standing. 11. DEFAULT - The following paragraph applies to borrowers in Iowa: You will be in default if You are more than 10 days late in making a payment. You will also be in default if You do not comply with the terms of this Agreement and Your failure to comply materially impairs any property You gave as security under a security agreement, as applicable, or Your ability to repay what You owe under the Account The following paragraph applies to borrowers in Wisconsin: You will be in default if You fail to make a payment when due two times during any 12 month period. You will also be in default if You break any promise made under this Agreement that materially impairs Your ability to repay what You owe or materially impairs the condition, value, or protection of or Our right in any property You gave as security under this Agreement and, as applicable, a security agreement. The following paragraph applies to borrowers in Idaho, Kansas, Maine, and to South Carolina borrowers of state chartered credit unions: You will be in default if You do not make at least the minimum payment due by the payment due date. You will also be in default if We believe the prospect of payment, performance, or realization on any property given as security or performance is significantly impaired. The following paragraph applies to borrowers in all other states and to South Carolina borrowers of federally chartered credit unions: You will be in default if You do not make at least the minimum payment due by the payment due date. You will be in default if You break any promise You made under this Agreement or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent, if You make any false or misleading statements in any credit application or update of credit information, or if something happens that We believe may substantially reduce Your ability to repay what You owe. You will also be in default under this Agreement if You are in default under any other agreement with Us. You will be in default if any property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or Our security interest in it. 12. ACTIONS AFTER DEFAULT -- The following paragraph applies to borrowers in Colorado, District of Columbia, Iowa, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia, Wisconsin and South Carolina borrowers of state chartered credit unions: When You are in default and after expiration of any right You have under applicable state law to cure Your default, We can demand immediate payment (acceleration) of the entire unpaid balance under this Agreement without giving You advance notice. We may also exercise any other rights given by law When You are in default. The following paragraph applies to South Carolina borrowers of federally chartered credit unions and to borrowers in all other states: When You are in default, We can require immediate payment (acceleration) of the entire unpaid balance under this Agreement. We may also exercise any other rights given by law when You are in default. SEE NEXT PAGE for more important information about Your account Page 3 of 6 O31O5847-0ZX85-P-1-O1O22O (BZX851-E) FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 Credit Union Account Number Agreement Number AmertCU Credit Union Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to accelerate and notice of acceleration. 13. ACCELERATION - If immediate payment is demanded, You will continue to pay interest until what You owe has been repaid at the applicable interest rate in effect or, if applicable, at the penalty rate disclosed in this Agreement. If a demand for immediate payment has been made, Your shares and/or deposits can be applied toward what You owe as provided in the “Security” paragraph above. We may also exercise any other rights given by law and Our rights under any security agreements You have with Us when You are in default. 14. CHANGES TO THIS AGREEMENT - We may change the rates, fees and terms of this Agreement at any time for any reason, as permitted by law. Except as noted below, any change in the interest rate will apply to future Advances, and at Our discretion and subject to any requirements of applicable law, will also apply to unpaid balances. Further, We may be compelled to change the rates, fees and terms of this Agreement if You change Your state of residence. We will provide You notice of changes as required by law. Any changes to this Agreement are binding on You. The following sentence applies to Illinois borrowers of state chartered credit unions: Any change to the interest rate or other charges will apply to future Advances. The following sentence applies to borrowers in Iowa: A change that increases the rate of finance charge or other charge, that increases the amount of Your payments, or that otherwise adversely affects existing balances will apply to existing balances only if You agree to the change or You use the Account after receiving notice that Your use of the Account means You agree the change applies to existing balances. 15. TERMINATION - We may terminate this Agreement at any time. You may terminate this Agreement at any time by giving Us written notice at Our address identified herein. If this is a joint Account, if any of You terminate this Agreement, it shall be terminated for all. Termination of this Agreement shall not affect the obligations of You or any other obligor, including the obligation to pay unpaid balances, under this Agreement. The following paragraph applies to borrowers in Wisconsin: Your obligation to pay unpaid balances under this Agreement continues whether You terminate the Agreement or the Credit Union terminates the Agreement, except to the extent that Your liability is limited by Section 422.41 55 of the Wisconsin Statutes. 16. WAIVER - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. 17. SEVERABILITY - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 18. LEGAL REFERENCES - All references in this Agreement to statutes or regulations shall include any comparable future legislation that amends, supplements, supersedes or renumbers the referenced legislation. 19. CALIFORNIA RESIDENTS -- A married applicant may apply for a separate Account. Applicants: 1) may, after credit approval, use the Account up to its credit limit; 2) may be liable for amounts extended under the Account to any joint applicant. 20. NOTICE TO MARYLAND RESIDENTS - To the extent, if any, that Maryland law applies to this Agreement, We elect to offer the Agreement pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article. 21. NOTICE TO MISSOURI BORROWERS- Oral agreements or commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect You (borrower(s)) and Us (creditor) from misunderstanding or disappointment, any agreements We reach covering such matters are contained in this writing, which is the complete and exclusive statement of the Agreement between Us, except as We may later agree in writing to modify it. 22. NEW YORK RESIDENTS -- We may obtain a credit report in connection with this Account, including for any review, modification, renewal or collections associated with this Account. Upon Your request, You will be informed whether such report was requested and, if so, the name and address of the consumer reporting agency furnishing the report. 23. SOUTH DAKOTA RESIDENTS -- If You believe there have been any improprieties in making this loan or in the lender’s loan practices, You may contact the South Dakota Division of Banking at 1601 N. Harrison Ave, Suite 1, Pierre, SD 57501, or by phone at 605.773.3421 . 24. NOTICE TO UTAH BORROWERS - This written Agreement is a final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement. 25. The following is required by Vermont law - NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. SEE NEXT PAGE for more important information about Your account Page 4 of 6 03105847-BZX85 P-1-010220 (BZX851-E) FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 Credit Union Account Number Agreement Number AmeriCU Credit Union 26. WISCONSIN RESIDENTS -- If You are married, please contact Us immediately upon receipt of this Agreement at the address or phone number listed on this Agreement and provide Us with the name and address of Your spouse. We are required to inform Your spouse that We have opened an Account for You. ACKNOWLEDGMENTS 1. You have received and read this Agreement. By signing, or otherwise authenticating, You agree to be bound by the terms of this Agreement. 2. You grant Us a security interest in all individual and joint share and/or deposit accounts You have with Us now and in the future to secure what You owe under the Agreement. When You are in default, You authorize Us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account, and any other account that would lose special tax treatment under state or federal law if given as security, are not subject to the security interest You have given in Your shares and deposits. Borrower 1 Signature Date Borrower? Signature Date z—~~DocuSigned by: 10/16/2021 X (Seal) X (Seal) TH Pf9P4DB- Signature Date Signature Date X (Seal) X (Seal) 3J Borrowers: 3] Borrower 4: 2] Witness 3] Witness SEE NEXT PAGE for more important information about Your account Page 5 of 6 03105847-BZX85-M-010220 (BZX851E) FILED: CAYUGA COUNTY CLERK 05/17/2024 11:00 AM INDEX NO. E2024-0439 NYSCEF DOC. NO. 9 DocuSign Envelope ID: A5DE245C-0308-47E6-B4BA-350E05D8A55F RECEIVED NYSCEF: 05/17/2024 .. 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 the address on Your periodic statement. 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. 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. WhatWill 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 to 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. Page 6 of 6 03105847-BZX85-P-1-010220 (BZX851-E)