Preview
FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
20WadeRd.
Lotham.NY 12110
518383.2211
631BloomingroveDr.
NAenbusN NY12W
Community $18.283.2211
r.-- ro e:sesass·2m Loan and Security Agreements
www.CornmunityResourceFCU.com
ad NMeý M±mM
Covered BorrowerUnder Military
Lending Act
FiXEDRATE STEPRATE LOANDATE ACCOUNTNuMBER LOANNUMBER MATURITYDATE
VARIABLERATE 06/05/2020 06/09/2023
BORROWER 1 (Name & Address) BORROWER 2 (Name & Address)
BRANDON M DOMINY
94 4TH STREET
WATERFORD, NY 12188
BORROWER 3 me 5 Address) ORROWER 4 (l¾mo 8. Addross)
fe'
TRUTH IN1ENDING DISCLOSURE means an estimate)
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total ofPayments Total SalePrice
Thecostof Yourcreditasa yearlyrate. Theamountof credit
Thedolleramountthe credit TheamountYouwill haveThetotalcostof Yourpurchaseoncreditis
will costYou. providedto Youor on paidafterYouhavemade $
Yourbehalf. allpaymentsas scheduled. of
whichincludesYourdownpayment
13.9500 % $ 1,171.62 e $ 5,060,00 $ 6,520.14 e $ .
Your Payment Schedule WillBe: Prepayment: If Youpay off early
You will not have
to
Number.of Payments Amount ofPayments When Payments Are Due Pay a penalty.
Required Deposit: The Annual PercentageRate does
77 $ 84.00 Bi Weekly Beginning 06/26/20 not takeintoaccount Your requireddeposit, if any.
Demand; ¡ This has a demand
obligation feature.
1 $ 52.14 Final Payment 06/09/23 ¡ All disclosures
are basedon an assumed
of one year.
maturity
Property Insurance: You ma obtainproperty insurancefrom an one You want
FilingFees Non-FilingInsurance
that isacceptableto the Cre it Union.If Youget theinsuranceÏom theCredit
Union You will pay $
Late Charge:
The courtesyperiodandfeeamountassociatedwithlate paymentswill vary basedonthe requiredminimumperiodicpaymentfrequencyin effectat thetimeofthelatepayment.For
WeeklyPayments,if yourpaymentis four (4) or moredayslateyouwill be charged$6.25For Bi-WeeklyPayments,if yourpaymentis seven
) or moredayslateyouwillbe
charged$12.50For MonthlyPayments,Ifyourpaymentis ten (10) or moredayslateyouwillbe charged$25.00For Semi-MonthlyPayments.if yourpaymentis seveng) or inore
dayslateyou willbe charged$12.50
Security: Collateralsecuring other loans withthe Credit Union may also secure thisLoan. You are givinga secunty interestin
Your shares and dividends and, if any,
Your depositsand interestin theCreditUnion; and the Propertydescribed below:
Collateral Property/Model/Make Year I.D. Number Type Value Key Number
$
$
$
Other (Describe)
Pledge of Shares$ in AccountNo. $ in AccountNo.
VariableRate:
S e Yoth contract documents forany additional Informationabout nonpayment, default,and any requiredrepayment before
in full
the scheduled date.
@CtlNAMutualGroup
1999.2000.01, 18
02,03,04.06.08.2016.
an;gmsges,ma Page 1 of 5 NZX0114
FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
credit union COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNo.
('e'
ITEMIZATION OF THE AlitOUNT FINANCED means an estimate)
Itemization
of AmountFinanced of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge
$ S,000.00 $ 2,s04,38 $ 2,555.62 $
Amounts Paid toOthers on Your Behalf: (if an amountis marked withan asterisk(*) We will a portion
be retaining of theamount.)
4 To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
MILITARY LENDING ACT DISCLOSURE$
Federal law provides important protections to members of the Armed Forces and theirdependents relatingto extensions of
consumer In
credit. general, the cost ofconsumer creditto a member ofthe Armed Forces and hisor her dependent may not
exceed an annual percentage rate of 36 percent. This ratemust include,as applicable tothe credittransaction oraccount: The
costs associated with creditinsurance premiums; fees for ancillaryproducts sold inconnection withthe credittransaction;any
applicationfee charged (other than certain applicationfees forspecified credittransactions or accounts); and any participation
fee charged (other than certainparticipation
fees fora creditcard account).
Please call
Us at 1 (888)783-2211 to receiveoraldisclosuresof theMilitary
Lending Act disclosureabove and of the
a description
payment obligation.
Borrower"
A "Covered forriurposes of thisloan means a consumer who, at the time theconsumer becomes obligatedon this
loan, isa covered member or a dependent of a covered member as defined by the MilitaryLending Act. A Covered Borrower
does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on thistransaction)no
longer is a coveredmember or a dependent of a coveredmember as defined by theMilitaryLending Act.
IIOANAGREEMENT
"Our" "Us"
In thisLoan Agreement ("Agreement") allreferences to"Credit Union", "We", or mean the CreditUnion whose name
"You" "Your"
appears above and anyone to whom the Credit Union assigns or transfersthisAgreement. Allreferences to or mean
each person who signs, orotherwise authenticates, thisAgreement as a borrower.
1. PROMISE TO PAY - You promise to $5,060.00 tothe CreditUnion plusintereston the unpaid balance untilwhat You
pay
owe has been repaid.
For fixed rateloans, theinterestrate is 13.9500 % per year.
For step-rate loans,the initial
interestratewlilbe % until and then the interestratewillbe %
untilthebalance isrepaid in full.
For variable rate loans,the initial
irderest
rateis % per year and willvary as follows:
Collection Costs:
You agree to pay all costs
of collecting
the amount You owe under this
Agreement..including courtcosts and reasonableattorneyfees.
2. PAYMENTS - Youpromise tomake payments of theamount and at thetime shown in theTruth in LendingDisclosure. If this
is
a variable rate loan,the Promise to Pay section tells
You whether, If the
interest rateincreases, You willhave to make more
payments, higher payments, or if thefinalpayment willbe a balloon payment. You may prepay any amount withoutpenalty. If
You prepay any partof what You owe, You arestill
required to make theregularlyscheduled payments, unless We have agreed
to a change in thepayment schedule. Because thisis a simple interest
loan, if Youdo not make payments as
exactly scheduled,
Your finalpayment may be more or lessthan the amount of the finalpayment thatisdisclosed. If You elect payment
voluntary
protection,We willeitherinclude the premium or program fee(s)in Your payments or extend the term ofYour loan.If the
term is
extended, You willbe requiredto make additional payments of thescheduled amount, untilwhat You owe has been paid.You
promise tomake allpayments tothe place We choose. If this
loanrefinances another loan You have with Us, theother loan will
be canceled and refinanced as ofthe date of thisloan. Unless otherwise required by law, payments willbe applied toamounts
owed in theinanner We choose.
3. LOAN PROCEEDS BY MAIL - If the
proceeds of thisloan are mailed to intereston this loanbegins date
You, on the the loan
proceeds are mailed to You.
4. SECURITY FOR LOAN - ThisAgreement is secured all "Security"
by property described in the section ofthe Truth in Lending
Disclosure. Property securing other loansYou have with Us also secures thisloan, unless the is a dwellingor otherwise
property
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FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
credit Union COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNo. LoanNo.
prohibited by federaland/or state.law. Inadditionto Your pledge ofshares, We may also have what isknown as a statutorylien
on all
individualand jointaccounts You have with Us. A statutorylienmeans We have the rightunder federaland/or statelaw to
claim an interestin Your accounts. Unless otherwise prohibited by federal and/or state law,We can enfdrce a statutory lien
against Your shares and dividends and, Ifany, interestand deposits, in allIndividualand jointaccounts You have with Us to
satisfyany outstanding financialobligationthatis due and payable to Us. We may exercise Our riht toenforce thislienwithout
further noticeto You, tothe extent permitted by law. For all borrowers: You pledge as securi for thisloan allshares and
dividends and, if any,alldeposits and interestinall joint
and individualaccounts You have withth Credit Union now and inthe
future.The statutory lion and/or Your pledge willallow Us to apply the funds in Your account(s) towhat You owe when
"Security"
You are in default.If a dollar
amount and account number are listedin the section ofthe Truth in LendingDisclosure,
You may not withdraw the amount thathas been specificallypledged to secure thisloan untiltheCredit Union agrees to release
allor part ofthe pledged amount. The statutory lienand Your pledge do not apply to any IndividualRetirement Account or any
other account that would lose specialtax treatment under stateor federallaw if givenas security.
5. DEFAULT - You willbe indefaultunder thisAgreement if You do notmake a payment of theamount required on orbefore the
date due.
it is You willbe in defaultif You break any promise You made inconnection with thisloan or ifanyone isin default
under securityagreement made in connection withthis Agreement. You willbe in default ifYou die,fileforbankruptcy,
any
become insolvent (thatis, unable to pay Your billsand loans as they become due), or ifYou rnade any falseor misleading
statements in Your loan application.You willalsobe indefaultif something happens that We believe may senously affectYour
abilitytorepay what You owe under thisAgreement orif You areIn defaultunder any other loan agreement You have with Us.
6.ACTIONS AFTER DEFAULT - When You are in default,We demand immediate payment ofthe entire unpaid balance
may
under this Agreement. IfWe demand immediate payment, You willcontinue to pay interest at the rate provided forin this
Agreement, untilwhat You owe has been repaid.We wlilalso apply against what You owe any shares and/or deposits
given as security under this Agreement. We may also exercise any other rightsgiven by law when You are in default.
Unless
You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for
payment, notice of intentto demand immediate payment and notice of demand forimmediate payment.
7. EACH PERSON RESPONSIBLE - Each person who signs,or otherwise authenticates,thisAgreement be
will individuallyand
jointlyresponsible forpaying the entireamount owed under thisAgreement. This means We can enforce Our rightsagainst any
one ofYou or
individually againstallof You together.
8 LATE CHARGE - If You are latein a payment, You promise to the late charge shown inthe Truth in Lending
making pay
Disclosure. If nolatecharge Is shown, You willnotbe charged one.
9. DELAY IN ENFORCING RIGHTS - We can of Our rightsunder thisAgreement any number of times
delay enforcing any
without losingthe to
ability exercise Our rightslater.
We can enforce thisAgreement against Your heirsor legalrepresentatives.
10. CONTINUED EFFECTIVENESS - If part of thisAgreement isdetermined a court tobe unenforceable, the restwill
any by
remain in effect.
11. NOTICES - Notices willbe sent toYou atthe most recent address You have given Us in writing.
Noticeto any one of You wili
be notice to all.
12. USE OF ACCOUNT - You promise to use Your account forconsumer (personal, or purposes, unless the
family household)
Credit Union gives You written permission to use the account alsofor agricultural
or commercial purposes, orto purchase real
estate.
AGREEMENT"
13.NO ORALAGREEMENTS-THISNOTECONSTITUTESA"WRITTEN LOAN PURSUANT TO
SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS
WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY
NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTFMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
14. The following isrequired by Vermont law: NOTICE TO COSIGNER: 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.
15. NOTICE TO UTAH BORROWERS: Thiswritten Agreement is the final
expression ofthe Agreement between You and the
Credit Union. ThiswrittenAgreement may not be contradictedby evidence of anyoralagreement.
16. OTHER PROVISIONS
Vendor SingleInterestInsurance(VSI):You are required to obtainVSt.You may obtainthisinsurancefrom anyone you want thatis
acceptable to thecredit union.If youobtainthe insurance fromthe creditunion,you will
pay $75,00.
SECURITY AGREEMENT
"Oura "Us"
In thisSecurity Agreement ("Agreement") allreferences to "Credit Union", "We", or mean the CreditUnion whose
name appears on thisdocument and anyone towhom the CreditUnion assigns ortransfers thisAgreement. Allreferences tothe
"Loan" "You" "Your"
mean the loan described in the Loan Agreement thatispart ofthisdocument. Allreferences to or mean any
person who signs,or otherwise authenticates, thisAgreement.
- You "Security"
1. THE SECURITY FOR THE LOAN giveUs what is known as a securityinterestin theProperty described in the
section ofthe Truth inLending Disclosure thatispart ofthisdocument ("theProperty").The secunty interestYou giveincludes all
accessions. Accessions are thingswhich are attached to or installedinthe Property now or inthe future.The securityinterest
also includes any replacements forthe Property which You buy within10 days of the Loan and any extensions,renewals or
refinancings of the Loan. Italso includes any money You receive from sellingthe Property or from insurance You have on the
Property. If the
value of theProperty declines, You promise togive Us more propertyas securityif asked todo so.
2. WHATTHE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS-The securityinterestsecures the Loan
and any extensions, renewals or refinancings ofthe Loan. Unless prohibited by applicable law, the security interest also
secures any other loans, inbluding any credit card loan, You have now or receive in the future from Us and any other
Page 3 of S NZX00-E
FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
CIeditunion COMMUNITY RESOURCE FEDERAL CREDir UNION AcetNo. LoanNo
amounts You o•e Us for any reason now or in the future, except any oan secured by Your prin al dwelling. If the
Property is household goods as defined by the Federal Trade Commissiori Credit Practices Rule or Your p ncipaldwelling, the
Property willsecure onlythis Loan and notother loans oramounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the or,if thisLoan isto the Property, You
Property buy
romise You willuse the Loan proceeds forthat purpose. You promise that no one else has any interest
in orclaim a ainst the
ropertythatYou have notalready told Us about. You promise not tosellor lease the Property orto use ft assecurityor a loan
with another creditoruntil
the Loan is reaid.You promise You willallowno other securityinterestor lientoattachto theProperty
eitherby Your actions or by operationo law.
4. PROTECTING THE SECURITY INTEREST - IfYour state issues a title
for the Property,You promise to have Our security
interestshown on the title.
We may have to file
what iscalled a financing statement to rotect Our security interest
from the
claims of others. You Irrevocably authorize Us to execute (on Your behal , ifap lica le,and fileone or more financing,
continuation or amendment statements pursuant to the Uniform Commercia Code CC) ina form satisfactoryto Us. You
promise todo whatever else We think isnecessary to protectOur securityinterestin he Property. You also promise topay all
costs, includingbut notlimitedto any attorney fees, We incurin protectingOur security interestand rightsin theProperty,to the
extent permittedby applicable law.
5. USE OF PROPERTY - Until
the Loan has been paid off,You promise You will: Use the and it in
1) Property carefully keep
cod repair.(2)Obtain Our written permission before making major chan es tothe roperty or changing the address where the
ro ertyis kept.(3) InformUs inwnting before changing Your address. Allow Us toinspect the Property.(5) Promptly notify
Us f thePrope isdamaged, stolenor abused. (6)Not use the Property r any unlawfulpurpose. (7)Not the
retitle Property in
another state wit outtellingUs.
6. PROPERTY INSURANCE, tAXES AND FEES -You promise to alltaxes and fees (likeregistration due on the
sy fees)
Property and tokeep the Property insured against loss and damage. he amount and coverage of the propertyinsurance inust
be acceptable toUs. You may providethe property insurance through a policyYou already have, orthrough a policYou getand
pay for.You promise tomake the Insurance policypayable to Us and todeliverthe policy orproof of coverage to s if askedto
o so.
f You cancel Your insurance and get a refund,We have a right
to the refund.If the islostor damaged, We can use the
Property
insurance settlement tore airthe Pro ert or ap lyit towardswhat You owe. You authonze Us to endorse any draftorcheck
which may be payable to ou inorder or s toco lectany refund or benefitsdue under Your insurance policy.
If Youdo not pay the taxes or fees on the Property when due or keep it insured,
We may pay these obligations,butWe are not
requiredto do so.Any money We spend fortaxes, feesor insurance willbe added tothe unpaid balance of theLoan and You will
pay intereston those amounts at thesame rate You agreed topay on the Loan. We may receive payments in connectionwiththe
insurance from a company which provides the insurance.We may monitor Our loans forthe purpose ofdetermining whether You
and other borrowers have complied with the insurance requirernentsof Our loan agreements or may enga e others to doso. The
insurance charge added tothe Loan may include (1)the insurance company's payments to Us and (2)t e cost ofdetermining
compliance withthe insurance requirements. If We add amounts for taxes,fees or insurance to theunpaid balance ofthe Loan,
We may increase Your payments topay theamount added withinthe term of theinsurance or term of theLoan.
7.INSURANCE NOTICE - If Youdo notpurchase the required insurance, the insurance We purchase and charge
property may
You forwill cover only Our interestin the Property. The premium for this insurance may be higher because the insurance
compan may have given Us the righttopurchaselnsurance afteruninsured collateralistostor damaged. The insurance will
not be insurance
I ability and willnot satisfy any state financial responsibilityor no fault laws.
8. DEFAULT - You willbe in defaultifYou break promise You make or fall
to perform an obligationYou have under this
any
Agreement. You willalso be indefault under this Agreement if theLoan is indefault.You will e in defaultif anyProperty You
have given Us as securityis repossessed by someone else,seized under a forfeiture
or similarlaw, orif anythingelsehappens
that affects
significantly the value of theProperty or Our securityinterestin it.
9. WHAT HAPPENS IFYOU ARE IN DEFAULT - When You are in default,We may demand immediate payment of the
outstanding balance ofthe Loan without givin You advance notice and take possession of the Pro erty. You agree the Credit
Union has the righttotake possession ofthe ropertywithout judicial
process if this
can be done wit out breach of thepeace. If
We ask, You promise todeliverthe Property at a timeand place We choose. If the
Property is a motor vehicleor boat,You agree
that We may obtain a key or otherdevice necessary to unlock and operate it, whenYou are In defaultWe will
not be responsible
for any other.property notcovered by thisAgreement thatYou leave insidethe Property or that isattached to theProperty. We
willtrytoretum thatproperty toYou or make it available
forYou to claim.
After we have possession of the Property, We can sellit and apply the mone to an amounts You owe Us. We will
give You
notice of any public dispositionor thedate afterwhich a private dispositionwil be he d.Our expenses fortaking possession of
and sellingthe Propertywillbe deducted frornthe money received from the sale.Those costs may includethe cost the
of storing
Property,preparing sale
it for and attomey's fees tothe extent permittedunder statelaw orawarded under theBankruptcy Oode
If Youhave agreed to pay theLoan, You must pay any amount thatremains unpaid afterthe sale money has been applied tothe
unpaid balance of the Loan and to what You owe under thisAgreement You agree to pay intereston that amount atthe same
rateas the Loan untilthatamount has been paid
10. DELAY INENFORCING RIGHTSAND CHANGES IN THE LOAN - We can dela enforcing any of Our rightsunder this
Agreement number of times without losingthe to
ability exercise Our rightslater. e can enforce thisAgreement against
any
Your heirsor legalrepresentatives. If Wechange the terms of theLoan, You agree thatthisAgreement remain
will in effect.
11. CONTINUED EFFECTIVENESS -If any part ofthisAgreement isdetermined by a court to be unenforceable, the restwill
remain in effect
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful
forYou tofailto returna motor vehiclethatis subjecttoa
interest,withinthirtydays afterYou have received notice ofdefault.The noticewillbe mailed tothe address You gave
security
Us. Itis Your to Us ifYour address changes. The maximum penalty forunlawful failureto returna motor
responsibility notify
vehicle is oneyear inprison and/or a fineof$150,000.00.
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FILED: SARATOGA COUNTY CLERK 09/01/2022 07:58 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/01/2022
oreditUnion COMMUNITYRESOURCEFEDERAL CREDIT UNION s:ct N LoanNo.
¡ The followingnotice applies ONLY when thebox atleftismarked.
13. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
OEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HERE0F. RECOVERY HEREUNDER BY THE
DEBTORSHALLNOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS -
Vendor SingleInterest
Insurance (VSI):
You arerequiredto obtain
VSI.You may obtainthisinsurancefrom anyone you want that is
acceptableto the credit
union.If youobtaintheinsurance fromthe credit
union,you will pay $75,00.
SIGNATURES
By signing,or otherwiseauthenticating,as Borrower, You agree to thetermsof the Loan Agreement. If Property
is described
in
"Security"
the sectionofthe Truth in LendingDisclosure, You also agreeto theterms of the SecurityAgreement, If Yousign,or
Property"
otherwise as "Owner
authenticate, of You agree onlyto the termsof theSecurityAgreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT
Bÿrewer1Signature Date Borrower
2Signature Date
X Sea A/* o °°'°
X
(Seal) (Seah
BRANDON M.DOMINY
Signalute Date Signature Date
06/05/20
Bormwer3:
OwnerofPropeity O Witness ¤ Ownerof Property x ss
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