Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
EXHIBIT A
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
nous Taw
Open-End Home Equity Credit Agreement
and Truth in
Lending Disclosure
BORROWER
1NAME FRANCINE OOSTEROM ACCOUNT
NUMBER
BORROWER
1ADDRESS3293 WOODWARD ST
OCEANSIDE, NY 11572-4526
BORROWER
2 NAME ACCOUNT
NUMBER
BORROWER
2ADDRESS
CREDIT AGREEMENT AND TRUTH IN LENDING DISCLOSURE
INTRODUCTION. This LOANLINEReHome Equity Plan Credit 4. SECURITY INTEREST. This Plan is secured by a mortgage,
Agreement and Truth in Lending Disclosure will be referred to deed of trust, security deed, or security agreement (the
as this "Plan". This Plan consists of this Agreement and the "security instrument") in your dwelling which is described in the
accompanying Addendum which is incorporated into and Addendum.
becomes a part of this Credit Agreement and Truth in Lending 5. PROMISES IN SECURITY INSTRUMENT. The security
"you," "your," "Borrower"
Disclosure. The words and mean each instrument you sign the same day you sign this Plan is
"we," "us," "our,"
person who signs this Plan. The words incorporated by reference into this Plan. You must keep all the
"Lender," Union"
and "Credit mean the credit union whose promises you made in the security instrument.
name appears above or anyone to whom the Credit Union 6. APPLICATION OF PAYMENTS. Payments will be applied
transfers its rights under this Plan. in the order the Credit Union chooses to any finance charges,
1. HOW THIS PLAN WORKS. This Plan establishes a voluntary payment protection costs, and other applicable
revolving line of credit account ("account"). You and the Credit charges due before being applied to your unpaid balance.
Union anticipate that you will obtain a series of advances under
7. CREDIT LIMIT. You promise not to request or obtain an
this Plan from time to time. The maximum amount you can
advance that will make your balance exceed your credit Ilmit.
borrow ('credit limit ) is disclosed in the Addendum. It is the
Your credit limit will not be increased if you exceed your credit
amount of credit you may borrow, repay all or a portion and re-
borrow subject to the terms of this Plan.
limit. If you exceed your credit limit, you agree to repay the
excess immediately.
2. PROMISE TO PAY. You promise to repay to the Credit
8. ACCESS DEVICES. You can obtain credit advances in any
Union, or order,
all advances made to you under this Plan, plus
finance charges, other applicable and costs of
manner authorized by the Credit Union from time to time. Your
charges,
application for this account also serves as a request to receive
voluntary payment protection for which you are responsible
any additional access devices which may be available in the
under this Plan. You agree to pay the Minimum Payment on or
future in connection with this Plan. The terms of this Plan will
before the due date.
also apply to any future access devices we issue to you for
3. JOINT ACCOUNTS. If this is a joint account, each of you this Plan.
accessing
must sign this Plan and you will be Individually and jointly
responsible for the promises 9. COST OF CREDIT. The finance charge is the cost you pay
you make in this Agreement,
all amounts owed. This means for credit. Unless described otherwise on the Addendum, the
including paying that the Credit
finance charge on each new advance begins on the date of the
Union can require any one of you to repay aff advances plus
applicable finance other applicable and advance and continues until the advance has been paid in full.
charges, charges, penod"
payment protection costs. Unless the Credit There is no "free nde which would allow you to avoid a
voluntary Union's
written all of you to sign for an advance, finance charge. To compute the finance charge, the unpaid
policy requires each of
you authorizes the other(s) to obtain advances and balance for each day since your last payment (or since an
individually
agrees to repay advances made to the other(s). The Credit advance if you have not yet made a payment) is multiplied by
Union can release one of you from responsibility urider this the applicable periodic rate The sum of those amounts is the
Plan without the other(s). finance charge owed. The periodic rate and corresponding
releasing
annual percentage rate are disclosed in the Addendum. The
balance used to compute
(continued on next page)
SIGNATURES
By signing below you agree that you have read the You also acknowledge receipt of a copy of this Agreement, and
LOANLINER Home Equity Plan Credit Agreement and Truth in the Home Equity Early Disclosure and handbook entitled
Credir'
Lending Disclosure and Addendum and agree to be bound by "What You Should Know About Home Equity Lines of
the terms of the Agreement. given to you at the time of application.
Notice to Vermont Bonowers: 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 LEGA
RIGHT TO COLLECT FROM YOU.
(SEAL) (SEA&
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15JGr:ATURE
fORROWER DATE WITNESS
SIGNATURE DATE
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SORROWER2 SIGNATURE DATE WITNESS
SIGNATUPE DATE
CUNAMUTUAL 1998.' 999,2000,01.03,06,12.ALLRIGHTSRESERVED
GROUP, EST107-e
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
Nassau Educators Federal Credit Union FRANCINE OOSTEROM Date 05/01/2019
CREDIT AGREEMENT AND TRUTH IN LENDING DISCLOSURE (continued)
the finance charge is the unpaid balance each day after taxes, death of all persons liable on the account,
payments and credits to that balance have been subtracted transfer of title or sale of the property, creation
and any new advances have been added. of a senior lien on the property without our
permission. foreclosure by a prior lienholder, use
10. ANNUAL PERCENTAGE RATE The annual percentage of the dwelling for prohibited purposes, or taking
rate under this Plan includes only interest and no other of the property through eminent domain.
costs. The Addendum shows the current interest rate as a
periodic rate and a corresponding annual percentage rate. If (b) Suspension or Reduction. In addition to any other
the interest rate for this Ran is a variable interest rate, the rights we may have. we can suspend additional
Addendum explains how the variable interest rate works. If extensions of credit or reduce your credit limit during
we forego an annual percentage rate increase, we may any period In which any of the following are in
return to the full index and margin at a later adjustment effect:
subject to any rate limitations.
(1) The value of the property securing this Ran
11. OTHER CHARGES. In addition to finance charges, your declines significantly below the property's
account is subject to certain other charges as described in appraised value for purposes of this Plan. This
this Plan and the Addendum. The Credit Union can add any includes, for example. a decline such that the
of these other charges to your balance or you can pay them initial difference between the credit limit and the
in cash. available equity is reduced by fifty percent and
include a smaller decline depending on the
may
12. CHARGES TO YOUR ACCOUNT. We may charge your individual circumstances.
account to pay other fees and costs that you are obligated
to pay under this Plan or under the security instrument. In (2) We reasonably believe that you will be unable to
addition. we may charge your account for funds required fulfill your payment obligations under this Plan
for continuing property insurance coverage or costs to due to a material change in your financial
protect or perfect our security interest In your dwelling. circumstances.
These costs or expenses include. without limitation,
payments to cure defaults under any existing liens on your (3) You are in default of a material obligation of this
dwelling. If you do not pay your property taxes, we may Plan, We consider all of your obligations to be
charge your account and pay the delinquent taxes. material. No default will occur until we mail or
Any
amount so charged to your account will be a credit deliver a notice of default to you.
advance. However, we have no obligation to provide any of
the credit advances referred to in this paragraph. (4) We are precluded by government action from
imposing the annual percentage rate provided for
13. LENDER'S RIGHTS: under this Plan.
(a) Termination and Acceleration. In accordance with (5) The priority of our security interest is adversely
applicable law, we can terminate your credit line affected by government action to the extent that
and require you to pay us the entire outstanding the value of the security interest is less than 120
balance in one payment. charge you certain fees, percent of the credit limit.
suspend additional extensions of credit, or reduce
your credit limit. if any of the following happen: (6) We have been notified by a regulatory authority
that continued advances may constitute an
For Wisconsin Borrowers Only: unsafe and unsound business practice.
(1) You fail to make a required payment when due (7) The maximum annual percentage rate under this
two (2) times within a 12 month period, or Plan has been reached.
(2) Your failure to observe the terms of this Plan (8) For Wisconsin Borrowers Only: You engage in
materially impairs the condition, value or fraud or material misrepresentation in connection
protection of. or our rights in, the property with the Plan.
securing this Plan.
(c) Change in Terms.
For Ali Other Borrowers:
(1) For Borrowers Outside of Texas: We may make
(1) You engage in fraud or make a material changes to the terms of this plan if you agree to
misrepresentation at any time in connection the change in writing at that time, if the change
with this Plan. This can include, for example, a will unequivocally benefit you throughout the
false statement about your income, assets, remainder of this Plan. or if the change is
liabilities, or any other aspects of your financial insignificant (such as changes relating to our
condition, or data processing systems). We may also change
the terms of this Plan in accordance with other
(2) You do not meet the repayment terms of this reasons, if stated on the Addendum. If this Plan
Plan, or follows an index and the index is no longer
available, we will choose a new index and
(3) Your action or inaction adversely affects the margin. The new index will have a historical
collateral for this Plan or our rights in the movement substantially similar to the original
collateral. This can include, for example, failure index, and the new index and margin will result
to maintain required insurance, waste or in an annual percentage rate that is substantially
destructive use of the property, failure to pay similar to the rate in effect at the time the
original index becomes unavailable.
(Continued on next page)
O CUNAMUTUALGROUP,
1998, i 999, 2000,01. 03, 06, 12, ALLRIGHTSRESERVED EST107-e
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
Nassau Educators Federal Credit Union FRANCINE OOSTEROM Date 05/01/2019
CREDIT AGREEMENT AND TRUTH IN LENDING DISCLOSURE (continued)
(2) For Borrowers In Texas: We may make business in the state or is an eligible surplus lines insurer.
changes to the terms of this Plan if you agree to the You must name us as the person to be paid under the
change in writing at that time. If this Plan follows policy in the event of a loss If we request it, you must
an index and the index is no longer available, we deliver to us a copy of the policy and proof that the
will choose a new index and margin. The new premiums have been paid. We have the right not to accept
index will have a historical movement substantially the insurer for reasonable cause. Subject to applicable law,
similar to the original index, and the new index and if you fail to obtain or maintain insurance as required, we
margin will result in an annual percentage rate that may purchase insurance to protect our own interest, add
is substantially similar to the rate in effect at the the premium to your balance and/or pursue any other
time the original index becomes unavailable. remedies available to us.
14. USE OF ACCOUNT. You promise to use your account 24. VOLUNTARY PAYMENT PROTECTION. We may offer
for consumer (personal, family or household) purposes, voluntary payment protection to you. Voluntary payment
unless the Credit Union gives you written permission to use protection is not necessary to obtain credit. If you purchase
the account also for agricultural or commercial purposes, or voluntary payment protection from us, you authonze us to
to purchase real estate. add the fees or insurance charges monthly to your loan
balance and charge you interest on the entire balance. At
15. MEMBERSHIP IN CREDIT UNION. You must be a our option, we will change your payment or the period of
member of the Credit Union to obtain credit advances. time necessary to repay the loan balance. The rate used to
determine the fees or insurance charges may change in the
16. CONFLICTING INSTRUCTIONS. You agree not to future. If the rate changes, we will provide any notices
provide conflicting instructions to us regarding your Plan required by applicable law.
(such as instructing us not to make credit advances to a
joint borrower). 25. NO WAIVER. The Credit Union can delay enforcing any
of its rights under this Plan without losing any of its rights.
17. PREPAYMENT. You may prepay all or part of what you
owe at any time without any prepayment penalty. 26. CONTINUED EFFECTIVENESS. If the law makes any
term(s) of this Plan unenforceable, the other terms will
18. CANCELLATION BY YOU. You can cancel your right to remain in effect.
future credit advances under this Plan. by notifying us in
writing. If this is a joint account and one of you cancels 27. DUE ON SALE. You promise to notify the Credit Union
future credit advances under this Ran, the cancellation will immediately if you enter into an agreement to sell or
apply to both of you, unless the Credit Union gives written transfer ownership of all or any part of the property
notice to one of you that you may continue to obtain securing this account. If you sell or transfer ownership
advances. Despite cancellation, your obligations under this without first obtaining the written consent of the Credit
Ran will remain in full force and effect until you have paid Union, the Credit Union may exercise its rights describ.ed in
us all amounts due. the security instrument, including the nght to demand
immediate payment in full of all sums secured by the
19. TAX CONSEQUENCES. You should consult a tax security instrument.
advisor regarding the deductibility of interest and charges
under this Plan. 28. THE FOLLOWING NOTICE IS REQUIRED BY
CALIFORNIA LAW: TRANSFER OF THE PROPERTY.
20. STATEMENT AND NOTICES. On a regular basis the Subject to applicable law, Lender shall have the right to
Credit Union will send a statement showing all transactions accelerate, that is, to demand immediate payment in full
on your account during the period covered by the of all sums secured by this Mortgage or Deed of Trust, if
statement. Statements and notices will be mailed or Borrower, without the written consent of Lender, sells or
dehvered to you at the most recent address you have given transfers all or part of the property or any rights in the
the Credit Union in writing. Notice to any one of you will be property.
notice to all.
29. NOTICE TO GEORGIA BORROWERS. This is an
21. TRANSFER OR ASSIGNMENT. You cannot assign your instrument under seat.
rights and obligations under this Plan. In spite of any
divorce or agreement between joint borrowers, each is 30. NOTICE TO UTAH BORROWERS. This written agree-
responsible for the total amount owed under this Plan. ment is a final expression of the agreement between you
Subject to applicable law, we reserve the right to sell or and the Credit Union. This written agreement may not be
transfer this Plan to another lender, entity or person, and to contradicted by evidence of any oral agreement.
assign our rights under the security instrument.
31. THE FOLLOWING NOTICEIS REQUIRED BY NEW YORK
22. UPDATING INFORMATION. You promise that you will LAW: Default in the payment of this loan agreement may
give us updated financial information and information about result in the loss of the property securing the loan. Under
matters affecting the title and value of the federal law, you may have the right to cancel this
property
securing this Plan. You agree that we may obtain credit agreement. If you have this right, the creditor is required to
reports and appraisals at our option and expense for any provide you with a separate written note specifying the
reason. circumstances and times under which you can exercise this
right.
23. PROPERTY INSURANCE. You promise to insure the
property that secures this Plan, in the amount the Credit
Union requires. against fire and other hazards (including
flood insurance if the Credit Union requires it). You may
obtain property msurance from anyone you want that is
acceptable to the Credit Union and that is authorized to do
O CUNAMUTUALGROUP,
1998, 1999,2000, 01, 03. 06. 12. ALLRIGHTSRESERVED EST107-o
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
Nassau Educators Federal Credit Union FRANCINE OOSTEROM Date 0s/01/2019
BILLING RIGHTS -- KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights unpaid amount against your credit limit. You do not have to
and our responsibilities under the Fair Credit Billing Act. pay any questioned amount while we are investigating, but
you are still obligated to pay the parts of your statement
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT that are not in question.
YOUR STATEMENT. If you think your statement Is wrong.
or if you need more information about a transaction on your If we find that we made a mistake on your statement, you
statement. write us on a separate sheet at the address listed will not have to pay any finance charges related to any
on your statement. Write to us as soon as possible. We questioned amount. If we didn't make a mistake, you may
must hear from you no later than 60 days after we sent you have to pay finance charges. and you will have to make up
the first statement on which the error or problem appeared. any missed payments on the questioned amount. In either
You can telephone us, but doing so will not preserve your case, we will send you a statement of the amount you owe
rights. and the date that it is due.
In your letter, give us the following information: If you fail to pay the amount that we think you owe, we
may report you as delinquent. However, if our explanation
- Your name and account number. does not satisfy you and you write to us within ten days
telling us that you still refuse to pay, we must tell anyone
- The dollar amount of the suspected error. we report you to that you have a question about your
statement. And, we must tell you the name of anyone we
- Describe the error and if you can, why you reported you to. We must tell anyone we report you to that
explain,
believe there is an error. If you need more the matter has been settled between us when it finally is.
information, describe the item you are not sure
about. If we don't follow these rules, we can't collect the first
$50 of the questioned amount, even if your statement was
If you have authorized us to pay a credit card account correct.
automatically from your share account or share draft
account, you can stop the payment on any amount you SPECIAL RULE FOR CREDIT CARD PURCHASES. If you
think is wrong. To stop the payment your letter must reach have a problem with the quality of property or services that
us three business days before the automatic payment is you purchased with a credit card, and you have tried in
scheduled to occur. good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on
YOUR RIGHTS AND OUR RESPONSIBlUTIES AFTER WE the property or services. There are two limitations on this
RECEIVE YOUR WRITTEN NOTICE We must acknowledge right: (a) You must have made the purchase in your home
your letter within 30 days, unless we have corrected the state or, if not within your home state, within 100 miles of
error by then. Within 90 days, we must either correct the your current mailing address; and (b) The purchase price
error or explain why we believe the statement was correct. must have been more than $50.
After we receive your letter, we cannot try to collect any These limitations do not apply if we own or operate the
amount you question. or report you as delinquent. We can merchant, or if we mailed you the advertisement for the
continue to send statements to you for the amount you property or services.
question, including finance charges, and we can apply any
© CUNAMUTUALGROUP,1998, 1999,2000. 01, 03. 06, 12. ALLRIGHTSRESERVED EST107-e
FILED: NASSAU COUNTY CLERK 09/19/2023 05:34 PM INDEX NO. 615197/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/19/2023
:éNEFCU
1000 " W estb ury, N Y 11590
REALESTATELENDING
Corp orate Drive
5'6 56 ' °°3° PowEREasy HOME EQUITY
CUNAMUTUAL
GROUP ADDENDUM
This Addendum is incorporated into and becomes a part of your LOANUNER®Credit Agreement and Truth in Lending Disclosure.
OPENING DATE MATURITY DATE CREDIT UMIT ACCOUNT NUMBER
05/01/2019 04/19/2020 $165,000.00
BORROWER NAME AND ADDRESS ADDRESS OF PROPERTY SECURING ACCOUNT
FRANCINE OOSTEROM 3293 WOODWARD ST
OCEANSIDE, NY 11572-4526
3293 WOODWARD ST
OCEANSIDE, NY 11572-4526
E DISCOUNTED PLAN
The initial discounted rate will be in effect for O 6 months M 12 months. Initial discounted rate:
ANNUAL PERCENTAGE RATE DAILY PERIODIC RATE
2.290% 0.006274%
The current rate that would have applied without the discount is:
INDEX RATE MARGIN ADDED TO INDEX ANNUAL PERCENTAGE RATE DAILY PERIODIC RATE
5.500% 0 000 0.016438%
O NO DISCOUNT
INDEX RATE MARGIN ADDED TO INDEX ANNUAL PERCENTAGE RATE DAILY PERIODIC RATE
5.500% 0.500% 6.000% 0.016438%
SCHEDULE OF CLOSING COSTS:
DESCRIPTION AMOUNT DESCRIPTION AMOUNT
Flood Certification Fee $12.00
Title Search Fee $110.00
Recording Fee- Mortgage $755.00
Valuation Fee $17.00
Transfer Tax $1,290.00
PAYMENT INFORMATION: You can obtain credit advances for 10 years. payment. In any event, you will be required to pay off this plan in full within
period."
This period is called the "draw At our option, we may renew or 30 years from the date the plan was established.
extend the draw period. The length of the repayment period will be 20
years. TRANSACTION REQUIREMENTS: The minimum initial advance required
in order to waive closing costs is based on the plan's credit limit. When the
You will be required to make monthly payments during both the draw and plan's credit limit is up to $100,000.00, the minimum initial credit advance
repayment periods. During the draw period your monthly payment will in order to waive closing costs is $25,000.00. When the plan's credit limit
equal the finance charges (interest) that accrued on the outstanding