arrow left
arrow right
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Dannemora Federal Credit Union v. Eli GolovachOther Matters - Consumer Credit (Non-Card) Transaction document preview
						
                                

Preview

FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 DocuSign Envelope 10: E56B9638405A4BA9-9849 93808EBA6B09 DANNEMORA FEDERAL CREDIT UNION P.O. Box 758 . . Dannemora, NY 12929 Loan and . Security Agreements Coveted sorrower undermVtary and Disclosure Statement Landing Act LOANDATE ACCOUNTNUMBER LOANNUMBER OSfi2/2D19 MATURITYDATE BORROWER 1 (Name & Address) D8i25j2O22 ELI A GOLOVACH BORROWER2 (Name & Address) P O BOX 93 LYON MOUNTAIN, NY 12952-0093 BORROWER 3 (Name & Address) BORROWER 4 (Name & Address) TRUTN IN LENDING DISCLO URE ('e' means an ANNUAL PERCENTAGE RATE FINANCE CHARGE estimate) Thecostof Yourcreditas a yearlyrate. Amount Financed Total of Payments Thedoljaramountthecredit Theamountof credit Total Sale Price wIIIcostYou. TheamountYouwill have Thetotafcostof Yourpurchaseoncreditis providedto Youor on paidafterYouhavemade YourbehaW. $ all paymentsas scheduled. whichincludesYourdowhpayment 1L500% $1410.37 of $34B0.00 5p18.14 Your Payment Schedule WIII Bef 30;00 Number of Payments Prepayment: If You pay off early You will hot have Amount of Payments When Payrnents tW Are Due ay a penalty 155 $32.17 equired Deposit: The Annual Percentage Rate WEEKLY BEGINNENG O9BOS/2019 does not take into account Your required deposit, if any. Demand: O This obligation has a demand $31.79 feature. 08/25/2022 ¡ All disclosures are based on an assumed Property )naurance: You ma obtain maturity of one year. that is acceptable to the CM it Union. p If erty insurance trom .an he You want ou get the insurance rom the Credit Fliing Feas Union You will pap $ Non-Filing insurance Late Charge: If your payment is not received within 15 days of the due date ydu will be charged 2% is not received within 15 days of the due of the payment due; $4.00 mWmum, $30 0 date you will be charged 2% of the payment maximum.If your payment due; $4.00 minimum, $30.00 maximum. Security: Collateral securing 6ther foans with the Credit Union Your shares and dMdends may also secure this Loan. You are and, if any, Your deposits and interest in the giving a security interest in Credit Union; and the Collateral PropertylModel/Make Property described below Year la Number Type Value Key Number Other (Describe) Pied e of Shares S in Account No. See our contract documents $ in Account No. for any additional information about nonpayment, the scheduled date. default, and any tequired repayment in full before ITEMlZAtlON OF THE AMOUNT FINANCED e' temiration of Amount Financed of means an Amount Given to You Directly estimate) 53.68040 Amount Paid on Your Account Prepaid Finance Charge $907.92 Amounts Paid to Others on Your Behalf: (if an $2,772.08 $0 00 amount is marked with an asterisk $ To (*) We will be retaining a portion of the amount) $ To To $ To To $ To $ To $ To $ to $ To To $ To $ To $ To migenesened Page 1 ofs N2X024G FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 DocuSign Envelope ID: E569963B-405A-4BA9-9B49-93808EBA6B09 CreditUnionDannemora Federal Credit Union AcetNo. LoanNo MILITARY LENDING ACT DISCLOSURES Federal law provides important protections to members of the Armed Forces and their consumer credit. in general, the cost of consumer dependents relating to extensions of credit to a member of the Armed Forces exceed an annual percentage and his or her dependent rate of 36 percent. This rate mtist may not costs associated include, as applicable to the credit transaction or account' The with credit insurance fees for ancillary products premiums; sold in connection application fee charged (other than certain with the credit transaction; appilcation fees for specified any fee charged (other than certain credit transactions or accounts); and any participation participation fees for a credit card account). A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military does not mean a consumer who (though a Covered Borrower at Lending Act. A Covered Borrower the time he or she became obligated on longer is a covered member or a this transaction) no dependent of a covered member as defined by the Military Lending Act. LOAN AGREEMENT In this Loan Agreement ("Agreement") all references to "Credit Union", "We" "Our" or "Us" appears above and anyone to whom the mean the Credit Union whose name Credit Union assigns or transfers this each person who signs, or otherwise Agreement. All references to "You" or "Your" mean authenticates, this Agreement as a borrower. t PROMISE TO PAY - You promise to pay $3,680.00 to the Credit Union plus interest on the unpaid owe has been repaid. For fixed rate balance until what You loans, the interest rate is t 7300% per year Collection C6sts . 2. PAYMENTS - You prorriise to inake payments of the amount and at the tinie shown in the Truth in may prepay any amount without penalty. If You Lending Disclosure. Ýou prepay any part of what You owe, You are still required to scheduled payments, unless We have agreed to a change in make the regularly the payment schedule. Because this is a simple interest do not make payments loan, if You exactly as scheduled, Your final payment is disclosed. if You elect may be more or less than the amount of the final payment voluntary payment protection, We will either include the premium or that extend the term of Your loan. If the term is program fee(s) in Your payments or extended, You will be required to make additional until what You owe has been paid. You payments of the scheduled promise to make all payments amount, to the place We choose. If this loan loan You have with Us, the other loan will be refinances another canceled and refinanced as of the date of this loan3 Unless law, payments will be applied to amounts owed in the otherwise required by manner We chóose. 3. LOAN PROCEEDS BY MAfte If the proceeds of this loan are mailed to You, interest on this loan begins on proceeds are mailed to You. the date the loan 4. SECURCrY FOR LOAN - This Agreement is secured by all Disclosure. property described in the "Security" section of the Truth in Property securiríg other loans You have with Us also secures Leriding this loan; unless the prohibited by federal andfor state law. In addition to Your pledge of property is a dwelling or otherwise on all individual and joint accounts shares, We may also have what is known as a You have with US. A statutory lien claim an interest in Your accounts. statutory lien means We have the right under federal and/or Unless otherwise state law to prohibited by federal and/or state law, We can enforce a against Your shares and dividerids statutory llen and, if any, interest and deposits in all individual and Joint accounts You have ƒith Us to satisfy any outstanding financial obligation that is due and payable to Us. We further notice to You, to the extent may exercise Our right to enforce this lien without permitted by law. For all borrowers: You pledge as dividends and, if any, all deposits and interest in all security for this foan all shares and joint and individual accounts You future. The have with the Credit Union now and in the statutory lion and/or Your pledge will allow Us to apply the funds in Ybur account(s) You ere in default, if a dollar amount and account to what You owe when number are listed in the "Secudty" section of the Truth in You may not withdraw the amount that has Lending Disclosure, been specifically pledged to secure this loan until the all or part of the pledged amount. The Credit Union agrees to release statutory lien and Your pledge dø not other account that would lose special tax apply to any Individual Retirement Account or treatment under state or federal law if any 5, DEFAULT - You will be in given as security, default under this Agreement if You do not make a payment of date it is due. You will be in default if the amount required on or before the You break any prornise You made under any security agreement in connection with this loan or if anyone is In made in connection with this Agreement. default You win be in default if You become insolvent (that is3 unable to die, file for .bankruptcy, pay Your bills and foans as they become staterrients in Your loan application. due), or if You made any false or You will also he in default if misleading something happent that We believe ability to repay what You owe under this Agreement orif You are in default under may seriously affect Your 6. ACTIONS AFTER DEFAULT - When You are in any other loan agreement You have with Us default, We may demand immediate payment of the entire unpaid balance under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided Agreement, until what You owe has beøn repaid. We for in this will also apply against what You owe any sheres and/or deposits Page2of 5 smE FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 DocuSign Envelope1D: ES69983B-40544BA9-SB49-9380BEBABB09 ]cm! u® DannernorgFederal Credit Urtion Mct N LoanNo given as security umier this Agreement. We may also exerc se any other rights given You are a Covered by law when You are in defauk Unless Borrower under the Military Landing Act, You waive any right You have to receive payment, notice of intent to demand demand for immediate payment and notice of demand for immediate 7. EACH PERSON RESPONSIBLE - Each person payment. who signs, or otherwise this Agreement jointly responsible for paying the entire smount owed under authenticates, will be individually and this Agreement. This means We can enforce Our rights one of You or against all of You together. against any individually 8. LATE CHARGE If Ydu are late In making a payment, You promise to pay the late charge shown Disclosure. If no late charge is shown, You will not in the Truth in be charged one. Lending 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this Agreement without losing the ability to exercise Our rights any number of times later, We can enforce this Aginement against Your heirs or legal representatives. to. CONTINUED EFFECTIVENESS - If any part of this Agreement remain in effect. is determined by a court to be unenforceable, the rest will 'l1. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to be notice to all any one of You will 12. USE OF ACCOUNT - You promise to use Your account for consumer Credit Union gives You written permission (personal, family or household) purposesountess the to use the account also for agricultural or commercial estate. purposes, or to purchase real 13. NO ORAL AGREEMENTS - THIS NOTE CONSTITUTES A "WRITTEN AGREEMENT" LOAN PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE IF CODE, SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADiCTED BY EVIDENCE OF PRIOR, CONTEM PORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS PARTIES. BETWEEN THE 14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE YOU ARE EQUALLY ON THIS NOTE MEANS THAT LIABLE FOR REPAYlulENT OF THIS LOAN. IF THE A LEGAL RIGHT TO COLLECT BORROWER DOES NOT PAY, THE LENDER HAS FROM YOU. 16. NOtICE TO UTAH BORROWERS! This written Agreement is the final expression Credit Union. This written Agreement of the Agreement between You and the may not be contradicted by evidence of any oral egreement. 18, OTHER PROVISIONS - SECURITY AGREEMENT In this Security Agreement ("Agreement") all references to "Credit Union", "We" "Our" or "Us" name appears on this document mean the Credit Union whose and anyone to whom the Credit Union "Loan" assigns or transfers this Agreement. All references to the mean the loan described in the Loan Agreement that is part of this document. AII references "You" "Your" person who signs, or otherwise to or mean any authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the section of the Truth in Landing Disclosure Property described in the "Security" that is part of this documentfthe Propertyr). The security interest You give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. also includes any replacements for the Property which You The security interest buy within 10 days of the Loan and any renewals or refinancings of the Loanv It also includes extensions, any money You receive from selling the Property. If the value of the Property or from insurance You have on the PMperty declines, You promise to give Us more 2. WHAT THE SECURITY property as security if asked to do so. INTEREST COVER$/CROSS COLLATERAL - The and any extensions, PROVISIONS security interest secures the Loan renewals or refinancings of the Loan. Unless prohibited by applicable law, the security secures any other loans, including interest also any oredit cartf loan, You have now or receive in the future from Us and amounts You owe Us for any reason now or In the future, any other except any toan secured Property is household good$ as defined lay the Federal Trade by Your principal dwelling. If the Commission Credit Practices Rule or Your principal Property will secure only this Loan and not other loans or amounts You owe Us dwelling, the 3. OWNERSHIP OF ‘HE PROI5ERTY - You promise that You own the Property or, r this Loan is to prornise You will use the Loan proceeds for that buy the Property, You purpose. You promise that ho one else has Property that You have not already told Us about. You promise not to sell any interest in or claim against the or lease the Property or to use it as with another creditor until the Loan is repaid. You security for a loan promise You will allow no other either by Your actions orby operation of law. security interest or lien to attach to the Property 4. PROTECTING THE $ECURITY INTEREST - If Your state issues a title for the Prdperty, You promise to have Our interest shown on the title. We security may have to file what is called a financing statement to protect Our claims of others. You authorize security interest from the irrevocably Us to execute (on Your behalf), if applicable, and ille one or more continuation or amendment statements pursuant to the Uniform Commercial financing, Code (UCC) in a form to Us. You satisfactory FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 DocusignEnvelope rD: E5699638-405A-4BA9-9849-9380segA6Bee .. . . . . ddant u% Dansemoratederal dredit unie crñ thanN prömise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not limited to any attomey fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by opplicatHe law. S. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in good repair. ( 2Tobtain Our written permission befom making major changes to the Property or changing the address where the Property is kept (3) inform Us in wdting before changinp Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle the Property in another state without telling US. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against foss and damage, The amount and coverage of the property insurance must be acceptable to .Us. You may provide the property insurance through a policy You already have, or through a policy You get and pay for You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverage to Us if asked to do so. if You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurance policy. If You do not pay the taxes or fees on the Property when 4ue or keep it insured, We may pay these obligations, but We are not required to do so Any money We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amounts at the same rate You agreed to pay on theioan. We may receive paymenta in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our Ioan agreements cr may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts fortaxes, fees or insurance to the unpaid balance of the Loan, We inay increase Your payments to pay the amount added within the term of the insurance or term of the Loan. t INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for wilt cover only Our interest in the Property. The premium for this insurànce may be higher because the insurance company may have given Us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. Bi DEFAULT dou will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement You will also be in default under this Agreement if the Loan is in default 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 happene that significantly a5ects the value ofthe Property or Our security interest in it S. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default We may demand immediate payment of the outstanding balarice of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that Wemay obtain a keyw other device necessary to unlock and operate itWhenyou are in default We will not be responsible for any other property not covered by this Agreement that You feave inside the Property orithat is attached to the Property. We will try to retum that property to You or make it available for You to claim. After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. We will give You notice of any public disposition or the date after which a private disposition will be heki, Our expensea for taking possession of and selling the Property will be deducted from the money received from the sale, Those costs may Include the cost of storing the Property preparing it for sale and sttomeys fees to the extent permitted under state law or awarded under the Bankruptcy Code. If You beve agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement You agme to pay interest on that amount at the same rate;as the Loan until that amount has been pakt 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Qur rights under this Agreement any number of times without tosing the ability to exercise Our rights Inter. We can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loah, Yóu agree that this Agreement will remain in effect. M. CONTINUED EFFECYiVENESS - if any part of this Agreement is determined by a sourt to be unenforceable, the rest will remain in effect. 12, NOTICE FOR ARIZONA OWNERS OF PROPERTY -dt is unlawful for You to fail to retum a motor vehicle thetis subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to notify Us if Your address changes. The maximurn penalty for unlawful failure to retum a motor vehicle is one year in prison andler a fine of $150,000.00. page sof 5 azxons FILED: CLINTON COUNTY CLERK 03/15/2023 11:17 AM INDEX NO. 2023-00023157 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/15/2023 Docusign Enve§opeID: E5699638-405A-4BA9-984949380BEBA6809 Credit0DIbnDannemors Federal Credit Union Acetso. oariNo. Thefoilõwing notice applies ONLY when me box atleMs marked. 13. NOTICE: ANY HOLDER OF THIS CONSUMER CREOlT CONTRACT IS SUBJECT TO DEFENSES ALL CLAIMS AND WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OBTAINED OR SERVICES PURSUANT HERETO OR WITH THE PROCEEDS HEREOE. RECOVERY HEREUNDER BY DEBTOR SHALL NOT EXCEED THE AMOUNTS PAID BY THE DEBTOR HEREUNDER. 14. OTHER PROVISIONS - SIGNATURES By signing, or otherwise authenticating, as Borrower, You agree to the terms of the "Secudly" the Loan Agreement. If Pmperty is described in section of the Truth In Lending You also agree to the terms of the otherwise authenticate, Disclosure, Agreement. If You sign, or as "Owner of Property"You agree only to the terms of the Security Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROU0H;Y READ THE AGREEMENT BEFORE YOU SIGN IT Eli A GOLOVACH Date Signatute ownerni Property witness Owner.ofPropedy Witness Page 5 of 5