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