CREDIT AGREEMENT
In these Agreements, the words I, me,
my and mine will mean all persons who signed the Open-end Credit Plan
and Disclosures and/or used, accepted, or accessed the advance proceeds. The
words you, your and yours mean the Institution. Card
means any ATM, debit, or VISA check card. PIN means your Personal Identification
Number. Access code means any PIN or password.
By signing the Open-end Credit Plan and
Disclosures, and/or by accepting, using, or accessing any proceeds under this
plan, I agree to the terms and conditions of the Open-end Credit Plan,
disclosures, Credit Agreement, and Security Agreement, and any and all Advance
Receipts, 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.
ADVANCE RECEIPTS
If I take an advance under this Plan, I will receive an Advance Receipt
outlining the transaction and describing any collateral given as security for
that advance. The Advance Receipt is part of the credit contract and I must
abide by the terms described therein.
PLAN ACCESS
-
You can obtain credit advances in any manner authorized by us. If we allow you
to use any EFT service, Card or access code to access the Plan, you may be
liable for the unauthorized use of your EFT service, Card or access code. You
will not be liable for unauthorized use that occurs after you notify us, orally
or in writing, of the loss, theft, or possible unauthorized use. If you believe
your Card has been lost or stolen or if you believe someone has used any EFT
service, Card or access code or otherwise accessed your accounts with us without
your authority, immediately inform the institution by calling or writing us at
the telephone number or address on the Addendum. If the EFT service, Card or
access code is used to obtain advances directly from the Plan, your liability
will not exceed $50. If the unauthorized withdrawal is from a checking account,
your liability is governed by the Regulation E disclosures, even if the
withdrawal results in an advance being made from your overdraft subaccount.
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 Institution. 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.
LATE CHARGES
If I make a late payment, I agree to pay a late charge if one is disclosed on
the Open-end Credit Plan.
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 the Open-end Credit Plan.
CREDIT INSURANCE
If I choose voluntary credit life and/or credit disability insurance,
the premiums for such coverage will be added to my outstanding loan 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. The credit insurance rates may change during the
Plan. If the rates change, we will provide any notices required by applicable
law.
DEFAULT -
I shall be considered to be in default of my Credit Plan 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 current or future debts to
you. If I am in 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 attorneys
fees. Costs of collection include, but are not limited to, repossession fees,
appraisals, environmental site assessments, casualty damage insurance coverage,
and attorneys fees for any action taken by an attorney in order to collect
this loan or preserve or protect your rights and remedies,
including, without limitation, pre-suit demands for payment, pre-suit mediation
or settlement negotiations, investigation and assessment of your
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 your 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 borrower is in default, federal law gives Institution the right to apply
the balance of accounts and/or interest in Borrower's account(s) at the time of
default to satisfy this loan. Once Borrower is in default, Institution may
exercise this right without further notice to Borrower.
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
credit-worthiness, credit standing, or credit capacity.
Co-Maker's Liability
- At times, you may advance sums under this agreement to more than one person,
each of whom has signed this agreement. All persons, called Co-Makers, agree to
the following:
- That the terms "I," "me,"
"my" and "mine" apply to all of them.
- That each is equally liable under this agreement
to fulfill all of its terms and conditions.
- 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.
- 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:
- Upon adverse reevaluation of my
creditworthiness.
- If I should fail to meet the terms of the
agreements.
- 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
-
- I . 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.
- 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.
- 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.
- 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.
Payment Shaver
- Additional Provisions - If I take an advance for a Payment Shaver
auto loan, the following additional provisions apply:
- In addition to the terms and conditions of the
Open-end Credit Plan, I will execute, and my Payment Shaver auto loan will be
governed by, my Payment Shaver documents, including, but not limited to, the
Future Value Agreement and any other documents presented to me in connection
with my Payment Shaver loan. These additional documents are incorporated into
and made part of this Credit Agreement as if fully set forth herein.
- My Payment Shaver Loan has a Balloon Payment
that is disclosed on the Payment Shaver Loan disclosure. A "balloon
payment" is any payment more than twice my regular monthly payment. I also
understand that I may exercise certain options with regard to the payment and/or
refinancing of my Balloon Payment, as set forth in the Future Value Agreement.
- If any terms or conditions of my Payment Shaver
loan documents conflict with this Credit Agreement, the terms of the Payment
Shaver loan documents shall govern.
CONTRACTUAL PLEDGE OF SHARES
I pledge all my shares and deposits in the institution, 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
attorneys 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 a credit card under this agreement, or
I have an overdraft protection feature, this pledge of shares also secures all
amounts I owe under the credit card or overdraft account.