Preview
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
EXHIBIT C
G1124257.1
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
DocuSign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7
1916 Black River Blvd.
Rome, NY 13440
(3'5) 356 3°°°
APPLICATION
There are costs associated with the use of a credit card. Information about costs, rates and fees may be contained in disclosures provided
with this application or by calling us toll-free or collect at 1-800-388-2000 or writing to us at the address stated on this application.
Check below to Indicate the type of credit for which you are applying. Married Applicants may apply for a separate account.
Indiviclual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if
1. you live in Or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI)
2. your spouse will use the account; or
3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony. child support, or separate
maintenance, complete the Other section to the eXtent possible about the person on whose payments you are relying.
Joint Credit: Each Applicant must individually complete appropriate section below. If Co-Borrower is spouse of the Applicant, mark the Co-Applicant
box. If this is an application for joint credit, Applicant and Co-Applicant each agree and acknowledge the intent to apply for joint credit:
Applicant Initials: Co-Application Initials:
LOANLINER Account/Loan: O Individual ¡ Joint Credit Card Account: [×_]Individual O Joint
(including ATM/Debit card access to the account if available)
® Personal ¡ Business
Amount Requested $ ® Credit Limit Requested $ 10,000.00
Purpose/Collateral: If Authorized User, Name:
Credit Card - Visa Signature Rewards
PAYMENT PROTECTION Are you interested in having your loan protected? ¡ YES NO
if you answer "yes", the credit union will disclose the cost to protect your loan. The protection is voluntary and does not affect your loan approval. In
order for your loan to be covered, you will need to sign a separate application that explains the terms and conditions. DO NOT COMPLETE IF
APPLYlNG FOR A CREDIT CARD ACCOUNT.
Guarantors Complete OTHER Section below
APPLICANT OTHER ¡ CO-APPLICANT ¡ SPOUSE ¡ GUARANTOR ¡ OTHER
NAME NAME
ZACHARY HERNANDEZ
MOTHER'S MAIDENNAME ACCOUNTNUA4BER MOTHER'S
MAIDENNAME ACCOUNT
NUMBER
MENDEZ XXXXXXX804
ITYNUMBER P"" ' ENSENUMBER STATE SOCIALSECURITY
NUMBER DRIVER'S
LICENSENUMBER STATE
.-- - . - . O TX
AGESOFDEPENDENTS EMAILADDRESS AGESOFDEPENDENTS EMAILADDRESS
ZH11213@iCLOUD.COM
CELLPHONE BUSINESS
PHONE/EXT BIRTHDATE HOMEPHONE CELLPHONE PHONE/EXT.
BUSINESS
PRESENTADDRESS(Street- City- State- Zip) OWN ¡ RENT PRESENT (Street- City- State- Zip)
ADDRESS ¡ OWN ¡ RENT
2326 IRONWOOD PASS DR
MISSOURI CITY, TX 77459 LENGTH ATRESIDENCE ATRESIDENCE
LENGTH
9 mth(s)
ADDRESS(Street- City- State- Zip)
PREVIOUS OWN ¡ RENT PREVIOUS (Street- City- State- Zip)
ADDRESS ¡ OWN ¡ RENT
2618 TUCKER CREEK
FRESNO, TX 77545 LENGTH ATRESIDENCE LENGTHATRESIDENCE
5 yr(s)
COMPLETE
FORJOINTCREDIT,SECURED
CREDITORIFYOULIVEINA COMMUNITY COMPLETE
FORJOINTCREDIT,SECUREDCREDITORIFYOULIVEINA COMMUNITY
PROPERTY
STATE: PROPERTY
STATE:
--
[ MARRIED SEPARAII- D (single- Divorced-Widowed)
[__]UNMARRIED [ MARRIL
U ¡ St-PARAII-D (Single- DivorcedWidowed)
l__]UNMARRIED
EMPLOYMENT/lNCOME EMPLOYMENT/lNCOME
$9,166.00 per month $ per
NAMEANDADDRESSOFEMPLOYER NAMEANDADDRESS
OFEMPLOYER
CALPINE CORP
TITLE/GRADE STARTDATE HOURSATWORK TiTLE/GRADE STARTDATE HOURSATWORK
TURBINE TECHNICIAN 3 8/2/2011
SUPERVISOR'S
NAME IFSELFEMPLOYED,
TYPEOFBUSINESS SUPERVISOR'S
NAME IFSELFEMPLOYED,
TYPEOFBUSINESS
NOTICE:ALIMONY,CHILDSUPPORT,
ORSEPARATE
MAINTENANCE
INCOMENEEDNOTBF NOTICE:ALIMONY,
CHILDSUPPORT,
ORSEPARATEMAINTENANCE INCOMENEEDNOTBE
REVEALED IFYOUDONOTCHOOSETOHAVEITCONSIDERED. REVEALED IFYOUDONOTCHOOSETOHAVEITCONSIDERED... .
.. ........
OTHERINCOME OTHERINCOME
$ PER SOURCE PER SOURCE
PER SOURCE $ PER SOURCE
$ PER SOURCE PER SOURCE
PER SOURCE $ PER SOURCE
©cUNAMutual 2016AllRights
Group Reserved 03105847-AXX00-C-1-111820
(AXX002-E)
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
DocuSign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7
Notice to Nebraska Residents: A credit agreement must be m wnting to be enforceable under Nebraska law. To protect you and us from any
misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial
accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for
any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must
be in writing to be effective.
Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers,
and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers
compliance with this law.
Notice to Wisconsin Residents: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree under
Section 766.70 will adversely affect the rights of the Credit Union unless the Credit Union is fumished a copy of the agreement, statement or decree, or
has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan
with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned.
Signature for Wisconsin Residents Only Date
(Seal)
CONSENSUAL SECURITY INTEREST
You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure
your credit card account. Shares and deposits in an IRA or any other account that would lose special tax treatment under state or federal law
if given as security are not subject to the security interest you have given in your shares and deposits. You may withdraw these other shares
unless you are in default. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. For example,
if you have an unpaid credit card balance, you agree we may use funds in your account(s) to pay any or all of the unpaid balance.
By signing or otherwise authenticating below, you are affirmatively agreeing that you are aware that granting a security interest is a condition
for the credit card and you intend to grant a security interest. You acknowledge and agree that your pledge does not apply during any
periods when you are a covered borrower under the Military Lending Act. For clarity, you wilt not be deemed a covered borrower, and your
pledge will apply, if: (i) you become obligated on a credit transaction or establish an account for credit when you are not a covered borrower;
or (11)you cease to be a covered borrower.
Security Interest Acknowledgement and.Agreement Date Security Interest Acknowledgement and Agreement Date
DocuSignedby: 9/28/2021
(Seal) X (Seai)
si K DMS
By signing or otherwise authenticating below:
1. You promise that everything you have stated in this application is correct to the best of your knowledge, and that the above Information is a
complete listing of what you owe. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to
obtain credit repods in connection with this application for credit and for any update, increase, renewal, extension, or collection of the credit
received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you
request, the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. it is a crime to
willfully and deliberately provide incomplete or incorrect information in this application.
2. If you are applying for a credit card, you understand that the use of your card will constitute acknowledgment of receipt and agreement to the terms
of the Consumer Credit Card Agreement and Disclosure.
Applicant's Signature Date Other Signature Date
DpcuSigned
by: 9/28/2021
(Seal) (Seal)
LOAN ORIGINATOR ORGANIZATION NMLSR ID NUMBER
LOAN ORIGINATOR NMLSR ID NUMBER
03105847-AXX0001-111820
(AXX002-E)
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
Docusign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7
APPLICATION AND
1916 Black River Blvd
SOLICITATION
Rome,NY 13440
(315) 356-3000 DISCLOSURE
VISA/VISA SIGNATURE
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Visa
Purchases o
1.99 /o Introductory APR for six months from account opening.
After that, your APR will be 6.24% to 17.99%, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate.
Visa Signature
1.99% Introductory APR for six months from account opening.
After that, your APR will be 7.24% to 17.99%, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate.
APR for Balance Transfers Visa
1.99% Introductory APR for six months from account opening.
After that, your APR will be 6.24% to 17.99%, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate.
Visa Signature
1.99% Introductory APR for six months from account opening.
After that, your APR will be 7.24% to 17.99%, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate
APR for Cash Advances Visa
6.24% to 17.99%, when you open your account, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate.
Visa Signature
7.24% to 17.99%, when you open your account, based on your
creditworthiness. This APR will vary with the market based on the Prime
Rate.
How to Avoid Paying Interest on Your due date is at least 25 days after the close of each billing cycle. We will
Purchases not charge you any interest on purchases if you pay your entire balance by
the due date each month.
Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50.
For Credit Card Tips from the To learn more about factors to consider when applying for or using a
Consumer Financial Protection Bureau credit card, visit the website of the Consumer Financial Protection
Bureau at http://www.consumerfinance.gov/learnmore.
[(wgggg, SEE NEXT PAGE for more important information about your account.
©CUNAMutual 2009,10,12,16A Rights
Group Reserved 03105847-MXC10-P4021219
(MXC101-E)
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
M-123149
CONSUMER
CREDIT CARD
1916 Black Myer Blyti.
name.ny 1s«o AGREEMENT
(sts) ass-scoo
DISCLOSURE
viSANISA SIGNATURE
This Consumer Credit Card Agreement and Disclosure together with the Account Opening Disclosure and any other
Account opening documents or any subsequent documents provided to You related to this Account (hereinafter
coHec6vely referred to as "Agreement") govem the terms and conditions of this Account "We," "Us," "Our" "Ours"
Union" and and
"Credit refers to AmerICU Credit Union with which this Agreement "You," "Your," "Yours"
is made. and refers to
each applicant and co-appilcant for the Account; any person responsible for paying the Account; and anyone You
authorize to use, access or service the Account "Card"
means the Visa® credit card and any other access devices,
duplicates, renewals, or sube5tutions, "Account"
Including convenience checks, the Credit Union issues to You. means
the line of credit established by this Agreement and includes Your Card.
SECURITY INTEREST
You grant the Credit Union a security Interest under the Uniform Commercial Code and under any common lawrights
the CreditUnion may have in any goods You purchase.
If You give the CredR Union a specific pledge of shares by signing a separate pledge of
shares, Your pledged shares
will secure Your Account You may not withdraw amounts that have been specifically pledged to secule Your Account
untH the Credit Union agrees to release all or part of the pledged amount
You grant Us a security Interest in all individual and joint share and/or depost accounts You have wRh Us now
and in the future to acoure Your oredR card Account. Shares and depoalte In an IRA or any other account that
would lose spoolat tax treatment under state or federal law if given as security are not subject to the securRy
interest You have given in Your shares and deposite. You may withdraw these other shares unlese You are in
default. When You are in default, You authorize Ue to apply the balance in these accounts to any amounts due.
For example, If You have an unpaid credit card balance, You agree We may use funds in Your account(s) to pay
any or all of the unpaid balance. You actmowledge and agree that Your pledge does not apply during any
periodo when Youare a covered borrower under the Military Landing Act. For clarity, You will not be deemed a
covered borrower, and Your pledge will apply, If: (1) You established Your credit card Account when You were
not a covered borrower; or (II) You cease to be a covered borrower.
Unless otherwise prohibited by federal and/or state law, collateral securing other loans You have with the Credit Union
may also secure this loan, except that a dweging wig never be considered as security for this Account, notwithstanding
anything to the contrary in any other Agreement
1. USING YOUR ACCOUNT - By using the Account or keeping the Card. You agree to the terms of this Agreement.
You agree to use Your Account In accordance with this Agreement. Your Account must only be used for lawful
transactions.
2. CREDIT LIMIT - We may establish a credit limit as part of this Agreement, which You promise not to exosed. If You
exceed the credit limit, You promise to repay Immediately the amount which exceeds the credit Emit, including amounts
due to finance charges, fees or other charges. You may request a credit limit Increase on Your Account only by a method
acceptable to the Credit Union. We may Increase or decrease Your credit limit. refuse to make an advance and/or
terminate Your Account at any time for any reason permitted by law.
3. CONVENIENCE CHECKS - We may, from time to time, Issue convenience checks to You that may be drawn on
Your Account, Convenience checks may not be used to make a payment on Your Account. If You use a convenience
check, It wiD be posted to Your Account as a cash advance. We reserve the right to refuse to pay a convenience check
drawn on Your Account for any reason and such refusal shall not constitute wrongful dishonor. You may request that We
stop the payment of a convenience check drawn on Your Account You agree to pay any fee as identified in this
Agreement imposed to stop a payment on a convenience check issued on Your Account You may make a stop payment
request oraRy, if permitted, or in writing. Your request must be made with sufficient time in advance of the presentment of
the check for payment to give Us a reasonable opportunity to act on Your request In addition, Your request must
E149111NR.
0 CLIGHamalGoup1991.2008.00. AIHights
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03t6564s me 97(19tcm345
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
accurately describe the checkincluding the exact Account number, the payee, any check number that may be appHcable,
and the exact amount of the check. if permitted, You may make a stop payment request orally but such a request will
expire after 'l4 days unless You confirm Your request In writing within that time. Written stop payment orders are effective
only for six months and may be renewed for additional six month periods by requesting in writing that the stop payment
order be renewed. We are not required to notify You when a stop payment order expires.
If We re-credit Your Account after paying a check over a valid and timely stop payment order, You agree to sign a
statement describing the dispute with the payee, to assign to Us ag of Your rights against the payee or other holders of
the check and to assist Us in any legal action.
You agree to indemnify and hold Us harmless from all costs and expenses, including attomey's fees, damages, or claims,
related to Our honoring Your stop payment request cr in falling to stop payment of an item as a result of incorrect
information provided to Us or the giving of inadequate time to act upon a stop payment request. Note: A convenience
check is not a check as that term is defined under the Uniform Commerclat Code. It is an advance from Your credit card
Account with Us and Your stop payment rights are provided under this Agreement with Us.
4. FIEPAYMENT - You promise to repay aU amounts You owe under this Agreement. Your promise to repay includes
all transactions made to Your Account by You or anyone You authorize to use Your Account as well as all interest
charges and fees.
For each bHIlng period, You must pay at least the Minimum Payment Due by the Payment Due Date.
The Minimum Payment Due is 3.00% of Your total New Balance, or $125.00, whichever le greater, plus any amount past
due and any amount by which You have arcaaded Your applicable credit IlmL If Your total New Balance is less than
$25.00, then Your Minimum Payment Due is the amount of the total New Balance.
You may pay more frequently, pay more than the Minimum Payment Due or pay the total New Balance in tuA.
if You make extra or larger payments, You are still required to make at least the Minimum Payment Due each month Your
Account has a balance (other than a credit balance). The Credit Union may delay replenishing Your credit Umit until the
date the payment 18posted or the Credit Union conilrms the payment has cleared.
Your payment of the required Minimum Payment Due may be applied to what You owe the Credit Union in any manner
the Credit Union chooses, as permitted by appilcable law. If You make a payment In excess of the required Minimum
Payment Due, the Credit Union wig allocate the excess amount tirst to the balance with the highest annual percentage
rate ("APR") and any remaining portion to the other balances in descending order based on appilcable APR, unless
fun"
otherwise prescribed by applicable law. We may accept checks marked "payment in cr with words of similar effect
without losing any of Our rights to collect the fuD balance of Your Account with Us.
5. INTEREST AND FINANCE CHARGES - We wlR begin charging You interest on new purchases on the first day of
the following billing cycle. We win begin charging You Interest on cash advances and balance transfers on the date of the
transaction or the first day of the blging cycle in which the transaction is posted to Your Account, whichever is later
(transaction date). However, We will not charge You any Interest on new purchases if You paid the entire new balance on
the previous cycle's billing statement by the Payment Due Date of that statement. To avoid an additional finance charge
on the balance of purchases, You must pay the entire new balance on the biging statement by the Payment Due Date of
that statement.
How We Calculate Your Balance:
Interest charges on Your Account are calculated separately for purchases, balance transfers and cash advances
("Transaction Type"). We figure the interest charge tor each Transaction Type by applying the periodic rate to each
balance." balance"
corresponding "average daBy To get the "everage daily for a Transaction Type We take the beginning
balance for that Transaction Type each day, add any new transactions of that type (excluding new purchases), and
subtract any unpaid interest or other finance charges and any applicable payments or credits. This gives Us the daRy
balance for each Transaction Type. Then, for each Transaction Type, We add up all the daily balances for the bilUng cycle
balance"
and divide each total by the number of days in the billing cycle. ThIs gives Us the "average daily for each
Transaction Type.
6. FEES - in addition to the periodic rate, additional fees may be imposed on Your Account. If applicable to Your
Account, the fee amounts and explanations are disclosed on the Account Opening Disclosure accompanying this
Agreement.
7. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign currencies win be deblted from Your
Account in U.S. dollars. The exchange rate between the transaction currency and the bliling currency used for processing
International transactions is a rate selected by VIsa from a range of rates avaRable in wholesale currency markets for the
applicable central processing date. which rate may vary from the rate Visa Itself receives or the govemment-mandated
rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from
the rate that would have been used on the purchase date or cardholder statement posting date.
A fee (finance charge) will be charged on aQ transactions completed in a foreign currency. All fees are calculated based
on the transaction amount after it is converted to U.S. dollars. These fees are charged except where excluded. The
Foreign Transaction Fee is set forth on the Disclosure accompanying this Agreement.
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08105$G-18230'C4482999823054)
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
8. AUTHORIZATIONS - We do not guarantee authorization of a transaction, either
by Us or by a third party, even If
You have sufficient credit available. You agree that We will not be Dable for falHng to give an authorization. We also
reserve the right to IImit the number of transactions that may be approved in one day. We reserve the right to deny certain
transactions for any reason and at Our sole discretion,
including for default, suspected fraudulent or unlawful activRy,
Intemet gambling or any indication of increased risk related to the transaction or the Account.
You agree that We have no
requirement to notify You of the specific reason We denied a transaction. If We detect unusual or suspicious activity, We
may suspend Your credit privileges until We can verify the activity, or We may close the Account.
9. PREAUTHORIZED CHARGES - If You default, If the Card Is lost or stolen, or We change the Account for any
reason, We may suspend automatic charges with third party vendors. If preauthorized charges are suspended, You are
respcnalble for making direct payment for such charges until You contact the third party to reinstate the automatic
charges. Preauthorized charges wlH automaticagy transfer to the new account if the account is reported lostAstolen or
reissued with a new expiration date if the recurring payment merchant is enrolled.
10. DEFAULT - You will be in default under this Agreement If You faQ to pay the Minimum Payment Due
by Its Payment
Due Date; pay by a check or simHar Instrument that 1s not honored or that We must retum because It cannot be
processed; pay by automatic debit that is retumed unpaid; make any false or misleading statements In any credit
appscation or credit update; gle for bankruptcy; or die. You will also be in default 11You fall to comply with the terms of this
Agreement or any other Agreement You have with Us.
If You default, We may close Your Account and require You to
pay any unpaid balance immediately, subject to appQcable
law. In this Agreement and on Your Credit Card AppRcation, You gave Us a security interest In all individual or joint share
and/or deposit accounts with the Credit Union and authorized US. If You defaulted, to
apply the balance in these accounts
to any amounts due. You agree We may rely on Your agreement and authorization to, upon Your default, apply any
balance to any amounts due on Your Account
11. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION - 11You notice the loss or theft of
Your credit card or a possible unauthorized use of Your Card, You should write to Us immediately at P.O. Box 31112,
Tampa, FL, 336S1-3112 or caD Us at (800) 449-7728, seven days a week 24 hours a day.
You will not be 5able for any unauthorized use that occurs after You notify Us. You may, however, be Bable for
unauthorized use that occurs before Your notice to Us. You will have no
Hability for unauthorized use unless You are
found to be fraudulent or negligent In the handling of Your Account or Card. In any case, Your
liabgity for unauthorized
transactions win not exceed $60.
12. CHANGING OR TERMINA'I1NG YOUR ACCOUNT - As permitted by law, the Credit Union may change the terms
of this Agreement and any attached Disclosure from time to time. Notice of any change wlil be given In accordance with
applicable law. To the extent permitted by law, changes to the Agreement may apply to Your existing account balance as
well as to future transactions.
Arizona, California, Idaho, Louleiana, New Mexico, Nevada, Texas, Washington, and Wisconsin Residents - Either
You, Your epouse or the Credit Union may terminate this Agreement at any sme, but termination by You, Your spouse or
the Credit Union wlG not affect Your obligation to pay the account balance plus
any tinance and other charges You or Your
spouse owe under this Agreement Your obilgation to pay the account balance plus any finance and other charges You
owe under this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card
or Oards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all
Cards upon request or upon termination of this Agreement whether by You or the Credit Union.
Residents of all other states - Either You or the Credit Union may terminate this Agreement at any time, but termination
by You or the Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges
You owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You owe
under this agreement are subject to an appitcable laws and regulations regarding repayment requirements. The Card or
Cards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all
Cards upon request or upon termination of this Agreement whether by You or the Credit Union.
18. AUTHORIZED USERS - Upon Your request, We may issue additional Cards for authorized users that You
designate. You must notify Us in writing of any termination of an authorized users right to access Your Account. Your
notice must Include the name of the authorized user and Your Account number and/or any subaccount number issued to
the authorized user along with the authorized users Card and any convenience or other access checks issued to the
authorized user. If You cannot return the authorized users Card or access checks and if You request Your Account to be
closed, We will close Your Account and You may apply for a new Account. AItematively, We may. at Our sole discretion,
issue You a new Account number and a new Card.
14. CREDIT REPORTS AND NOTICE OF NEGATIVE INFORMATION - You authorize the Credit Union to obtain credit
reports and any other information We may need to verify Your identity and use of the Account when opening Your
Account and for any update, increase, renewal, extension, collection or review of Your Account You authorize the Credit
Union to disclose information regarding Your Account to credit bureaus and creditors who inquire about Your credit
standing. We may report information about Your Account to credit bureaus. I.ate payments, missed payments, or other
defaults on Your Account may be reflected on Your credit report.
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FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
1 S. JOINT ACCOUNTS - If this is a joint Account, each of You will be and jointly responsible for paying all
Individually
amounts owed under this Agreement. This means that the Gredit Union can require any one of You individually to repay
the entire amount owed under this Agreement. Each of You authorizes the other(s) to make transactions on the Account
individually. Any one of You may terminate the Account and the termination will be effective as to all of You.
16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on Your Account even
though the sales, cash advances, credit or other slips You sign or receive may contain different terms.
17. SEVERABILITY AND FINAL EXPRESSION - This Agreement is the final expression of the terms and conditions of
Your Account. This written Agreement may not be contradicted by evidence of any alleged oral Agreement. Should any
part of this Agreement be
Preview
FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 EXHIBIT C G1124257.1 FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 DocuSign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7 1916 Black River Blvd. Rome, NY 13440 (3'5) 356 3°°° APPLICATION There are costs associated with the use of a credit card. Information about costs, rates and fees may be contained in disclosures provided with this application or by calling us toll-free or collect at 1-800-388-2000 or writing to us at the address stated on this application. Check below to Indicate the type of credit for which you are applying. Married Applicants may apply for a separate account. Indiviclual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if 1. you live in Or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI) 2. your spouse will use the account; or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony. child support, or separate maintenance, complete the Other section to the eXtent possible about the person on whose payments you are relying. Joint Credit: Each Applicant must individually complete appropriate section below. If Co-Borrower is spouse of the Applicant, mark the Co-Applicant box. If this is an application for joint credit, Applicant and Co-Applicant each agree and acknowledge the intent to apply for joint credit: Applicant Initials: Co-Application Initials: LOANLINER Account/Loan: O Individual ¡ Joint Credit Card Account: [×_]Individual O Joint (including ATM/Debit card access to the account if available) ® Personal ¡ Business Amount Requested $ ® Credit Limit Requested $ 10,000.00 Purpose/Collateral: If Authorized User, Name: Credit Card - Visa Signature Rewards PAYMENT PROTECTION Are you interested in having your loan protected? ¡ YES NO if you answer "yes", the credit union will disclose the cost to protect your loan. The protection is voluntary and does not affect your loan approval. In order for your loan to be covered, you will need to sign a separate application that explains the terms and conditions. DO NOT COMPLETE IF APPLYlNG FOR A CREDIT CARD ACCOUNT. Guarantors Complete OTHER Section below APPLICANT OTHER ¡ CO-APPLICANT ¡ SPOUSE ¡ GUARANTOR ¡ OTHER NAME NAME ZACHARY HERNANDEZ MOTHER'S MAIDENNAME ACCOUNTNUA4BER MOTHER'S MAIDENNAME ACCOUNT NUMBER MENDEZ XXXXXXX804 ITYNUMBER P"" ' ENSENUMBER STATE SOCIALSECURITY NUMBER DRIVER'S LICENSENUMBER STATE .-- - . - . O TX AGESOFDEPENDENTS EMAILADDRESS AGESOFDEPENDENTS EMAILADDRESS ZH11213@iCLOUD.COM CELLPHONE BUSINESS PHONE/EXT BIRTHDATE HOMEPHONE CELLPHONE PHONE/EXT. BUSINESS PRESENTADDRESS(Street- City- State- Zip) OWN ¡ RENT PRESENT (Street- City- State- Zip) ADDRESS ¡ OWN ¡ RENT 2326 IRONWOOD PASS DR MISSOURI CITY, TX 77459 LENGTH ATRESIDENCE ATRESIDENCE LENGTH 9 mth(s) ADDRESS(Street- City- State- Zip) PREVIOUS OWN ¡ RENT PREVIOUS (Street- City- State- Zip) ADDRESS ¡ OWN ¡ RENT 2618 TUCKER CREEK FRESNO, TX 77545 LENGTH ATRESIDENCE LENGTHATRESIDENCE 5 yr(s) COMPLETE FORJOINTCREDIT,SECURED CREDITORIFYOULIVEINA COMMUNITY COMPLETE FORJOINTCREDIT,SECUREDCREDITORIFYOULIVEINA COMMUNITY PROPERTY STATE: PROPERTY STATE: -- [ MARRIED SEPARAII- D (single- Divorced-Widowed) [__]UNMARRIED [ MARRIL U ¡ St-PARAII-D (Single- DivorcedWidowed) l__]UNMARRIED EMPLOYMENT/lNCOME EMPLOYMENT/lNCOME $9,166.00 per month $ per NAMEANDADDRESSOFEMPLOYER NAMEANDADDRESS OFEMPLOYER CALPINE CORP TITLE/GRADE STARTDATE HOURSATWORK TiTLE/GRADE STARTDATE HOURSATWORK TURBINE TECHNICIAN 3 8/2/2011 SUPERVISOR'S NAME IFSELFEMPLOYED, TYPEOFBUSINESS SUPERVISOR'S NAME IFSELFEMPLOYED, TYPEOFBUSINESS NOTICE:ALIMONY,CHILDSUPPORT, ORSEPARATE MAINTENANCE INCOMENEEDNOTBF NOTICE:ALIMONY, CHILDSUPPORT, ORSEPARATEMAINTENANCE INCOMENEEDNOTBE REVEALED IFYOUDONOTCHOOSETOHAVEITCONSIDERED. REVEALED IFYOUDONOTCHOOSETOHAVEITCONSIDERED... . .. ........ OTHERINCOME OTHERINCOME $ PER SOURCE PER SOURCE PER SOURCE $ PER SOURCE $ PER SOURCE PER SOURCE PER SOURCE $ PER SOURCE ©cUNAMutual 2016AllRights Group Reserved 03105847-AXX00-C-1-111820 (AXX002-E) FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 DocuSign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7 Notice to Nebraska Residents: A credit agreement must be m wnting to be enforceable under Nebraska law. To protect you and us from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective. Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. Notice to Wisconsin Residents: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 will adversely affect the rights of the Credit Union unless the Credit Union is fumished a copy of the agreement, statement or decree, or has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned. Signature for Wisconsin Residents Only Date (Seal) CONSENSUAL SECURITY INTEREST You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. Shares and deposits in an IRA or any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given in your shares and deposits. You may withdraw these other shares unless you are in default. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. For example, if you have an unpaid credit card balance, you agree we may use funds in your account(s) to pay any or all of the unpaid balance. By signing or otherwise authenticating below, you are affirmatively agreeing that you are aware that granting a security interest is a condition for the credit card and you intend to grant a security interest. You acknowledge and agree that your pledge does not apply during any periods when you are a covered borrower under the Military Lending Act. For clarity, you wilt not be deemed a covered borrower, and your pledge will apply, if: (i) you become obligated on a credit transaction or establish an account for credit when you are not a covered borrower; or (11)you cease to be a covered borrower. Security Interest Acknowledgement and.Agreement Date Security Interest Acknowledgement and Agreement Date DocuSignedby: 9/28/2021 (Seal) X (Seai) si K DMS By signing or otherwise authenticating below: 1. You promise that everything you have stated in this application is correct to the best of your knowledge, and that the above Information is a complete listing of what you owe. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit repods in connection with this application for credit and for any update, increase, renewal, extension, or collection of the credit received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you request, the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. it is a crime to willfully and deliberately provide incomplete or incorrect information in this application. 2. If you are applying for a credit card, you understand that the use of your card will constitute acknowledgment of receipt and agreement to the terms of the Consumer Credit Card Agreement and Disclosure. Applicant's Signature Date Other Signature Date DpcuSigned by: 9/28/2021 (Seal) (Seal) LOAN ORIGINATOR ORGANIZATION NMLSR ID NUMBER LOAN ORIGINATOR NMLSR ID NUMBER 03105847-AXX0001-111820 (AXX002-E) FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 Docusign Envelope ID: EDED8E46-3A8F-4FEE-A8EF-4FBE37709FD7 APPLICATION AND 1916 Black River Blvd SOLICITATION Rome,NY 13440 (315) 356-3000 DISCLOSURE VISA/VISA SIGNATURE Interest Rates and Interest Charges Annual Percentage Rate (APR) for Visa Purchases o 1.99 /o Introductory APR for six months from account opening. After that, your APR will be 6.24% to 17.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. Visa Signature 1.99% Introductory APR for six months from account opening. After that, your APR will be 7.24% to 17.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. APR for Balance Transfers Visa 1.99% Introductory APR for six months from account opening. After that, your APR will be 6.24% to 17.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. Visa Signature 1.99% Introductory APR for six months from account opening. After that, your APR will be 7.24% to 17.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate APR for Cash Advances Visa 6.24% to 17.99%, when you open your account, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. Visa Signature 7.24% to 17.99%, when you open your account, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. How to Avoid Paying Interest on Your due date is at least 25 days after the close of each billing cycle. We will Purchases not charge you any interest on purchases if you pay your entire balance by the due date each month. Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50. For Credit Card Tips from the To learn more about factors to consider when applying for or using a Consumer Financial Protection Bureau credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore. [(wgggg, SEE NEXT PAGE for more important information about your account. ©CUNAMutual 2009,10,12,16A Rights Group Reserved 03105847-MXC10-P4021219 (MXC101-E) FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 M-123149 CONSUMER CREDIT CARD 1916 Black Myer Blyti. name.ny 1s«o AGREEMENT (sts) ass-scoo DISCLOSURE viSANISA SIGNATURE This Consumer Credit Card Agreement and Disclosure together with the Account Opening Disclosure and any other Account opening documents or any subsequent documents provided to You related to this Account (hereinafter coHec6vely referred to as "Agreement") govem the terms and conditions of this Account "We," "Us," "Our" "Ours" Union" and and "Credit refers to AmerICU Credit Union with which this Agreement "You," "Your," "Yours" is made. and refers to each applicant and co-appilcant for the Account; any person responsible for paying the Account; and anyone You authorize to use, access or service the Account "Card" means the Visa® credit card and any other access devices, duplicates, renewals, or sube5tutions, "Account" Including convenience checks, the Credit Union issues to You. means the line of credit established by this Agreement and includes Your Card. SECURITY INTEREST You grant the Credit Union a security Interest under the Uniform Commercial Code and under any common lawrights the CreditUnion may have in any goods You purchase. If You give the CredR Union a specific pledge of shares by signing a separate pledge of shares, Your pledged shares will secure Your Account You may not withdraw amounts that have been specifically pledged to secule Your Account untH the Credit Union agrees to release all or part of the pledged amount You grant Us a security Interest in all individual and joint share and/or depost accounts You have wRh Us now and in the future to acoure Your oredR card Account. Shares and depoalte In an IRA or any other account that would lose spoolat tax treatment under state or federal law if given as security are not subject to the securRy interest You have given in Your shares and deposite. You may withdraw these other shares unlese You are in default. When You are in default, You authorize Ue to apply the balance in these accounts to any amounts due. For example, If You have an unpaid credit card balance, You agree We may use funds in Your account(s) to pay any or all of the unpaid balance. You actmowledge and agree that Your pledge does not apply during any periodo when Youare a covered borrower under the Military Landing Act. For clarity, You will not be deemed a covered borrower, and Your pledge will apply, If: (1) You established Your credit card Account when You were not a covered borrower; or (II) You cease to be a covered borrower. Unless otherwise prohibited by federal and/or state law, collateral securing other loans You have with the Credit Union may also secure this loan, except that a dweging wig never be considered as security for this Account, notwithstanding anything to the contrary in any other Agreement 1. USING YOUR ACCOUNT - By using the Account or keeping the Card. You agree to the terms of this Agreement. You agree to use Your Account In accordance with this Agreement. Your Account must only be used for lawful transactions. 2. CREDIT LIMIT - We may establish a credit limit as part of this Agreement, which You promise not to exosed. If You exceed the credit limit, You promise to repay Immediately the amount which exceeds the credit Emit, including amounts due to finance charges, fees or other charges. You may request a credit limit Increase on Your Account only by a method acceptable to the Credit Union. We may Increase or decrease Your credit limit. refuse to make an advance and/or terminate Your Account at any time for any reason permitted by law. 3. CONVENIENCE CHECKS - We may, from time to time, Issue convenience checks to You that may be drawn on Your Account, Convenience checks may not be used to make a payment on Your Account. If You use a convenience check, It wiD be posted to Your Account as a cash advance. We reserve the right to refuse to pay a convenience check drawn on Your Account for any reason and such refusal shall not constitute wrongful dishonor. You may request that We stop the payment of a convenience check drawn on Your Account You agree to pay any fee as identified in this Agreement imposed to stop a payment on a convenience check issued on Your Account You may make a stop payment request oraRy, if permitted, or in writing. Your request must be made with sufficient time in advance of the presentment of the check for payment to give Us a reasonable opportunity to act on Your request In addition, Your request must E149111NR. 0 CLIGHamalGoup1991.2008.00. AIHights it. 14.16 10L Rosarued sm 03t6564s me 97(19tcm345 FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 accurately describe the checkincluding the exact Account number, the payee, any check number that may be appHcable, and the exact amount of the check. if permitted, You may make a stop payment request orally but such a request will expire after 'l4 days unless You confirm Your request In writing within that time. Written stop payment orders are effective only for six months and may be renewed for additional six month periods by requesting in writing that the stop payment order be renewed. We are not required to notify You when a stop payment order expires. If We re-credit Your Account after paying a check over a valid and timely stop payment order, You agree to sign a statement describing the dispute with the payee, to assign to Us ag of Your rights against the payee or other holders of the check and to assist Us in any legal action. You agree to indemnify and hold Us harmless from all costs and expenses, including attomey's fees, damages, or claims, related to Our honoring Your stop payment request cr in falling to stop payment of an item as a result of incorrect information provided to Us or the giving of inadequate time to act upon a stop payment request. Note: A convenience check is not a check as that term is defined under the Uniform Commerclat Code. It is an advance from Your credit card Account with Us and Your stop payment rights are provided under this Agreement with Us. 4. FIEPAYMENT - You promise to repay aU amounts You owe under this Agreement. Your promise to repay includes all transactions made to Your Account by You or anyone You authorize to use Your Account as well as all interest charges and fees. For each bHIlng period, You must pay at least the Minimum Payment Due by the Payment Due Date. The Minimum Payment Due is 3.00% of Your total New Balance, or $125.00, whichever le greater, plus any amount past due and any amount by which You have arcaaded Your applicable credit IlmL If Your total New Balance is less than $25.00, then Your Minimum Payment Due is the amount of the total New Balance. You may pay more frequently, pay more than the Minimum Payment Due or pay the total New Balance in tuA. if You make extra or larger payments, You are still required to make at least the Minimum Payment Due each month Your Account has a balance (other than a credit balance). The Credit Union may delay replenishing Your credit Umit until the date the payment 18posted or the Credit Union conilrms the payment has cleared. Your payment of the required Minimum Payment Due may be applied to what You owe the Credit Union in any manner the Credit Union chooses, as permitted by appilcable law. If You make a payment In excess of the required Minimum Payment Due, the Credit Union wig allocate the excess amount tirst to the balance with the highest annual percentage rate ("APR") and any remaining portion to the other balances in descending order based on appilcable APR, unless fun" otherwise prescribed by applicable law. We may accept checks marked "payment in cr with words of similar effect without losing any of Our rights to collect the fuD balance of Your Account with Us. 5. INTEREST AND FINANCE CHARGES - We wlR begin charging You interest on new purchases on the first day of the following billing cycle. We win begin charging You Interest on cash advances and balance transfers on the date of the transaction or the first day of the blging cycle in which the transaction is posted to Your Account, whichever is later (transaction date). However, We will not charge You any Interest on new purchases if You paid the entire new balance on the previous cycle's billing statement by the Payment Due Date of that statement. To avoid an additional finance charge on the balance of purchases, You must pay the entire new balance on the biging statement by the Payment Due Date of that statement. How We Calculate Your Balance: Interest charges on Your Account are calculated separately for purchases, balance transfers and cash advances ("Transaction Type"). We figure the interest charge tor each Transaction Type by applying the periodic rate to each balance." balance" corresponding "average daBy To get the "everage daily for a Transaction Type We take the beginning balance for that Transaction Type each day, add any new transactions of that type (excluding new purchases), and subtract any unpaid interest or other finance charges and any applicable payments or credits. This gives Us the daRy balance for each Transaction Type. Then, for each Transaction Type, We add up all the daily balances for the bilUng cycle balance" and divide each total by the number of days in the billing cycle. ThIs gives Us the "average daily for each Transaction Type. 6. FEES - in addition to the periodic rate, additional fees may be imposed on Your Account. If applicable to Your Account, the fee amounts and explanations are disclosed on the Account Opening Disclosure accompanying this Agreement. 7. FOREIGN TRANSACTIONS - Purchases and cash advances made in foreign currencies win be deblted from Your Account in U.S. dollars. The exchange rate between the transaction currency and the bliling currency used for processing International transactions is a rate selected by VIsa from a range of rates avaRable in wholesale currency markets for the applicable central processing date. which rate may vary from the rate Visa Itself receives or the govemment-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. A fee (finance charge) will be charged on aQ transactions completed in a foreign currency. All fees are calculated based on the transaction amount after it is converted to U.S. dollars. These fees are charged except where excluded. The Foreign Transaction Fee is set forth on the Disclosure accompanying this Agreement. Image 2 of6 08105$G-18230'C4482999823054) FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 8. AUTHORIZATIONS - We do not guarantee authorization of a transaction, either by Us or by a third party, even If You have sufficient credit available. You agree that We will not be Dable for falHng to give an authorization. We also reserve the right to IImit the number of transactions that may be approved in one day. We reserve the right to deny certain transactions for any reason and at Our sole discretion, including for default, suspected fraudulent or unlawful activRy, Intemet gambling or any indication of increased risk related to the transaction or the Account. You agree that We have no requirement to notify You of the specific reason We denied a transaction. If We detect unusual or suspicious activity, We may suspend Your credit privileges until We can verify the activity, or We may close the Account. 9. PREAUTHORIZED CHARGES - If You default, If the Card Is lost or stolen, or We change the Account for any reason, We may suspend automatic charges with third party vendors. If preauthorized charges are suspended, You are respcnalble for making direct payment for such charges until You contact the third party to reinstate the automatic charges. Preauthorized charges wlH automaticagy transfer to the new account if the account is reported lostAstolen or reissued with a new expiration date if the recurring payment merchant is enrolled. 10. DEFAULT - You will be in default under this Agreement If You faQ to pay the Minimum Payment Due by Its Payment Due Date; pay by a check or simHar Instrument that 1s not honored or that We must retum because It cannot be processed; pay by automatic debit that is retumed unpaid; make any false or misleading statements In any credit appscation or credit update; gle for bankruptcy; or die. You will also be in default 11You fall to comply with the terms of this Agreement or any other Agreement You have with Us. If You default, We may close Your Account and require You to pay any unpaid balance immediately, subject to appQcable law. In this Agreement and on Your Credit Card AppRcation, You gave Us a security interest In all individual or joint share and/or deposit accounts with the Credit Union and authorized US. If You defaulted, to apply the balance in these accounts to any amounts due. You agree We may rely on Your agreement and authorization to, upon Your default, apply any balance to any amounts due on Your Account 11. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION - 11You notice the loss or theft of Your credit card or a possible unauthorized use of Your Card, You should write to Us immediately at P.O. Box 31112, Tampa, FL, 336S1-3112 or caD Us at (800) 449-7728, seven days a week 24 hours a day. You will not be 5able for any unauthorized use that occurs after You notify Us. You may, however, be Bable for unauthorized use that occurs before Your notice to Us. You will have no Hability for unauthorized use unless You are found to be fraudulent or negligent In the handling of Your Account or Card. In any case, Your liabgity for unauthorized transactions win not exceed $60. 12. CHANGING OR TERMINA'I1NG YOUR ACCOUNT - As permitted by law, the Credit Union may change the terms of this Agreement and any attached Disclosure from time to time. Notice of any change wlil be given In accordance with applicable law. To the extent permitted by law, changes to the Agreement may apply to Your existing account balance as well as to future transactions. Arizona, California, Idaho, Louleiana, New Mexico, Nevada, Texas, Washington, and Wisconsin Residents - Either You, Your epouse or the Credit Union may terminate this Agreement at any sme, but termination by You, Your spouse or the Credit Union wlG not affect Your obligation to pay the account balance plus any tinance and other charges You or Your spouse owe under this Agreement Your obilgation to pay the account balance plus any finance and other charges You owe under this agreement are subject to all applicable laws and regulations regarding repayment requirements. The Card or Oards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all Cards upon request or upon termination of this Agreement whether by You or the Credit Union. Residents of all other states - Either You or the Credit Union may terminate this Agreement at any time, but termination by You or the Credit Union will not affect Your obligation to pay the account balance plus any finance and other charges You owe under this Agreement. Your obligation to pay the account balance plus any finance and other charges You owe under this agreement are subject to an appitcable laws and regulations regarding repayment requirements. The Card or Cards You receive remain the property of the Credit Union and You must recover and surrender to the Credit Union all Cards upon request or upon termination of this Agreement whether by You or the Credit Union. 18. AUTHORIZED USERS - Upon Your request, We may issue additional Cards for authorized users that You designate. You must notify Us in writing of any termination of an authorized users right to access Your Account. Your notice must Include the name of the authorized user and Your Account number and/or any subaccount number issued to the authorized user along with the authorized users Card and any convenience or other access checks issued to the authorized user. If You cannot return the authorized users Card or access checks and if You request Your Account to be closed, We will close Your Account and You may apply for a new Account. AItematively, We may. at Our sole discretion, issue You a new Account number and a new Card. 14. CREDIT REPORTS AND NOTICE OF NEGATIVE INFORMATION - You authorize the Credit Union to obtain credit reports and any other information We may need to verify Your identity and use of the Account when opening Your Account and for any update, increase, renewal, extension, collection or review of Your Account You authorize the Credit Union to disclose information regarding Your Account to credit bureaus and creditors who inquire about Your credit standing. We may report information about Your Account to credit bureaus. I.ate payments, missed payments, or other defaults on Your Account may be reflected on Your credit report. Page3of 6 0510580== mningstctos40 FILED: ONEIDA COUNTY CLERK 12/04/2023 04:03 PM INDEX NO. EFCA2023-003129 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 1 S. JOINT ACCOUNTS - If this is a joint Account, each of You will be and jointly responsible for paying all Individually amounts owed under this Agreement. This means that the Gredit Union can require any one of You individually to repay the entire amount owed under this Agreement. Each of You authorizes the other(s) to make transactions on the Account individually. Any one of You may terminate the Account and the termination will be effective as to all of You. 16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on Your Account even though the sales, cash advances, credit or other slips You sign or receive may contain different terms. 17. SEVERABILITY AND FINAL EXPRESSION - This Agreement is the final expression of the terms and conditions of Your Account. This written Agreement may not be contradicted by evidence of any alleged oral Agreement. Should any part of this Agreement be