Preview
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
Annual Percentage Rate 8.250 % when you open your account.
(APR) for Advances
After that, rate varies with market based on Prime Rate.
Paying Interest Interest charges will begin to accrue on advances as of the transaction
date.
Origination Fee $50.00
Annual Fee $25
Late Fee 5% of Minimum Payment or $10, whichever is less
Stop Payment Fee $25
balance"
How We Will Calculate Your Balance: We use a method called "average daily lincluding new
advances). This Agreement provides additional details.
Billing Richts: Information on your rights to dispute transactions and how to exercise those rights are provided in
this Agreement.
"you," "your,"
The Unsecured Line of Credit Account is a revolving hne of credit. In this Agreement the words
and "the Bank" mean TD Bank, N.A.
"Borrower"
The words "1," "me," "my," and mean each and every person who accepts or uses this Unsecured
Line of Credit ("Account").
1. Prornise to Pay. I promise to pay you all sums of money borrowed under th s Agreement in U.S dollars, plus
interest, fees and other amounts due with repayment as described below If I fed to comply with any part of this
Agreement, but you allow me to correct my failure to comply or to continue to borrow and repay under the
Agreement, I cannot claim you have waived the right to require me to comply in the future.
2. Each Signer Liable. Although this Account may- be -accepted and used by more than one person, I
understand that I, as an individual, am responsible for paying back the ent re amount owed under this
Agreement and each Borrower is jointly and severally liable. You may take direct legal action against me even
though I may not have received any direct personal benefit from the Account All persons who accept or use
this Account are entitled to a copy of this Agreement,
3. Each Borrower May Give You Notice. If there is more than one Borrower, each Borrower may give you any
notice required or permitted under this Agreement. If you receive conflicting notices or requests frorn any one or
more Borrower, you may honor or refuse to honor any or aN of the conthcting notices or requests, at your
option. You can do this without giving any notice to the person(s) whose notice or request is not honored You
will not be liable for taking or refusing to take any action with regard to any conflicting notices or requests.
4. Advances. I will be provided with special checks (Account Checks) that inay be used to obtain loans, called
advances in this Agreement, under my Account from time to tirne up to the amount of my Credit Limit
described below. I can borrow, repay and re-borrow amounts from tirne to time using the Account. I may obtain
advances as follows: I may write a check using an Account Check. If l am a TD Bank Online Banking Customer,
Page 1 of 7
#19003408 v2 PersonalUnsecured Line of Credit Agreement
WodelsKlowerFinancial Sr,tems" FormBNG·ULOC
Scivices- Bankers AGrl 8/20/2013
App # Acet #:
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED UNE OF CREDIT AGREEMENT
I may also obtain an advance by transferring funds from this Account to another Bank deposit account I may
also transfer funds from this Account to another Bank Deposit account by using the Bank's telephone banking
service However, if my Account is 45 days past due, 1will not be eligible to obtain advances from my Account.
If I do not have Account Checks available, the Bank may elect to provide an advance at my request. Such
requests must be made directly with the Bank and if the request is approved, the proceeds will be provided
directly to me either as a deposit to my depos!t account with the Bank, or in the form of an official Bank check,
or other disbursement method that you approve. You may elect not to honor any Account Check you receive
which is post-dated or which is dated more than six months prior to the date the check is presented to you. If
you honor such checks, at your sole discretion, I agree tnat such checks shall be considered an advance. You
are not responsible to me in any manner if anyone else refuses to accept an Account Check as a means of
payment. I will not advance funds from this Account to pay the Bank for sums due under this Agreement or to
pay other amounts owed to the Bank or its affiliates
5. Credit Limit, My Credit Limit is the maximum amount of money you will make available to me under this
Agreement. My Credit Limit is s 20,000.00 , and my available credit will appear on my periodic
statement. I will not let my unpaid balance go over my Credit Limit. If I reach my Credit Limit, the Bank, at its
option, inay choose not to honor any requests for an advance and the Bank may return any Account Checks
that I write over the Credit Limit.
6. Interest Charge. If you make advances to me, I will pay an INTEREST CHARGE, which may vary based upon
changes in the Index described below, and is determined using the Average Daily Batance method. The
INTEREST CHARGE begins to accrue on the date an advance or any fee or charge is added to my Account and
continues until the my Account balance is paid in full. The VARIABLE ANNUAL PERCENTAGE RATE ("APR"),
and therefore my INTEREST CHARGE, is subject to change monthly based on the value of an Index. The Index in
effect for each billing cycle shall be the highest domestic Prime Rate as published in The Wall Street Journal on,
or in effect on the first day of each billing cycle for this Account ("Index"). Any change in my APR will take
effect on the first day of the billing cycle An increase or decrease in the ANNUAL PERCENTAGE RATE will
result in a corresponding increase or decrease in the amount of the INTEREST CHARGE and in the payment
(unless the payment is equal to or less than the Total Minimum Payment)
Rate"
6. A. The "Daily Periodic for each billing cycle shall be computed by adding a margin
to the value of the Index, and dividing the result by 365 lor 366 during a leap year). The corresponding
ANNUAL PERCENTAGE RATE is the Index plus or minus the margin. My margin .s 5.00 %. The Annual
Percentage Hate on this Account will not increase above the maximum rate of 18%. My ANNUAL PERCENTAGE
RATE will be disclosed on my periodic statement. The initial ANNUAL PERCENTAGE RATE is 8.250 %
which will be in effect until the first day of my billing cycle and may change based upon changes in the Index.
balance"
6. B. To get the "average daily take the beginning balance of the Account each day (not including
interest charges), add any new
advances and subtract any payments or credits. This gives you the daily
balance. Then you add up all the daily balances for the billing cycle and divide the total by the number of days in
the billing cycle. This gives you the "average daily balance".
7. Minirnum Payments.
Draw Period. I must repay my advances under this Agreernent by paying at least the Total Minimum Payment.
During the Draw Period which is the first ten (10) years of this Agreement , Ewill pay each month at least the
Total Minimum Payment no later than the date shown on my periodic statement as the next "Payment Due
Date."
This payment will be the greater of: a) 2% of the outstanding balance (principal plus accrued interest) or
b) $25.00 or c) total accrued interest for the billing cycle, plus any amounts past due plus any other fees and
charges. If my New Balance is less than the Total Minimum Payment, I will pay the New Balance.
Repayment Period At the end of the Draw Period, called the Repayment Penod, I must repay to you all amounts
I owe under this Agreement no later than ten (10) years from the start of the Repayment Period. During the
Repayment Period, my Total Minimum Payment will be equal to the sum of (i) the greater of $25.00 or 1/120th
of the outstanding principal balance at the start of the Repayment Period plus (ii) the Interest Charges that have
accrued on the outstanding unpaid principal balance plus any other fees and charges.
I have the right to pay off the entire balance in full or in part at any time before it is due without penalty.
Page 2 of 7
#19003408 v2 - PersonalUnsecured Line of Credit Agreement
sys1ems"EmmBNGULOCAGRt!/20/2013
financialServicesDankers
WallelsK1uwer
App # Acct #:
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
8. Discounts. if one or more of the following discounts is checked, it applies to this account. You may have up
to a maximum of two (2) discounts for this account at the Bank's discretion. 'f discounts are available, the Bank
inay terminate all of the discounts as outlined below
8. A. X Relationship Discount. The interest rate for this account with a TD Bank Checking account (Qualified
Account) is discounted by 0.25 % I understand and agree that a relationship discount wih be terminated
and the interest rate on this account will increase upon closure of my Qualified Account. If the interest rate is
increased. my margin listed in Section 6 will increase by the related discount shown above. You will send me
advance notice of the new interest rate as required by applicable law. My new rate, payment and account
balance will be on my statement. The interest rate may increase only once for termination of a relationship
discount. The interest rate increase will become effective on the first cay of the billmg cycle after the
notification period.
8. B. Autornatic Payment Discount. The interest rate for this account if I choose to have my monthly
payments automatically deducted from a TD Bank account is discounted by N/A % 1 understand and
agree that an automatic payment discount will be terrrinated and the interest rate on this account will mcrease
if a automatic payments are cancelled by me or the Bank The mterest rate may also be ncreased rf I fail to
maintain sufficient balances in iny Bank account to cover the monthly payment. If insufficient funds occur three
times in a 12 month period, automatic payments may be cancelled and the interest rate will increase, If the
interest rate is increased, my margin in Section 6 will increase by the related discount shown above. You wi0
send me advance notice of the new mterest rate as required by app:icable law. My new rate, payment and
account balance will be on my statement. The interest rate may increase only once for termination of an
automatic payment discount. The interest rate increase will become effective on the first day of the billing cycle
after the notification period.
8. C. Employee Discount. The interest rate for this account for employees who are in good standing is
discounted by N/A %.
9. Fees and Finance Charges
Origination Fee: $50.00. I agree that I will pay an Origination Fee when I open my account. l understand that an
Origination Fee is a finance charge,
Annual Fee: $25.00. In order to maintain my Unsecured Line of Credit, I agree to pay an Annual Fee and agree
that this fee will be charged to my account after the first anniversary date of my account opening and each
digi l0VI:!isary date thereafter duaing the Dian Period. if the fee cannot be charged at the scheduled time for any
reason, it may be charged with n 5 subsequent billing cycles. An annual fee is not charged during the
Repayment Period.
Stop Payment on Account Check: $25.00 per Account check
10. Paying Interest. There is no grace period for advances added to my Account I will pay a Daily Periodic Rate
of interest on advances from the date of the advance until my Account is paid in full. There is no time period in
which you may repay an advance and avoid imposition of a Daily Periodic Rate of interest on an advance.
The Draw Period is for 10 years. During the Draw Period, I may obtain advances up to my Credit Limit until the
Draw Period ends. I agree that I will not advance above my Credit Limit. If I go over my Credit Limit, I agree to
pay the amount when it is billed to me, or sooner upon your request When the Draw Period ends, I wil) no
longer be able to obtain advances under this Agreement and ) must repay the outstanding balance
11. Crediting of Payments.
All payments must be made by check, automatic account debit, electronic funds
transfer, money order or other instrument in U.S. Dollars drawn on a financial institution in the U.S. and must be
received by the Bank at the address on the payment coupon of my periodic staternent. If my payment is mailed
to the address specified on the periodic statement and received on or before 5:00 pm (ET) on a business day,
you will credit a properly made payment that you receive by mail on the business day you receive the payment.
If you receive a properly made payment after 5:00 pm (ET) on a business day or on a non-business day, you
will credit the payment as of the next business day If my payment is inailed or delivered to a different address
or location than that specified on the periodic statement, you may take up to five (5) days to credit the payment
after the date of receipt. If I make a transfer using your internet banking service on or before 10:30 pm (ET) on a
Page 3 of 7
#19003408 v2 - Personalunsecured Line of Crecit Agreement
Bankei".Syslems"FoimBNGULOCAGRW20/2013
WciteusK1uwaFinarcimiservces-
App #: Acet #:
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
business day, you will credit a properly made payment on that business day If l make a transfer using your
Internet banking service after 10:30 pm (ET) on a business day or on a non-business day, you will credit a
properly made payment as of the next business day. If I make a payment in person to one of your employees at
a TD Bank location by the close of business for that location, you will credit a properly made payment on that
day. If I make a payment via the telephone at 800-457-2387 on or before 5:30 pm (ET) on a business day,
you will credit a properly made payment on that business day. If I make a payment via the telephone at
800-457-2387 after 5.30 pm (ET) on a business day or a non-bus!ness day you will credit a Properly made
payment as of the next business day.
If you make a change to your address or another materiat change to how you process payments and there is a
material delay in the crediting of payments, there will be a courtesy period of 60 days. after the effective date
of the change before we consider the receipt of payments as late.
Application of Payments.
11. A. General. You will generahy apply my Total Minimum Payment in the following order: (i) to interest
charges and other fees; (ii) to advances.
1 1. B. Application of Payments in Excess of the Total Minimum Payment. You w II generally apply iny payments
and credits in excess of the Total Minimum Payment in the following order: (i) to interest charges and other
fees; (ii) to advances.
I may not dictate the order to use when you apply payments or credits to my Account. If l want to pay with a
full"
check that has "payment in or some other special notation or instruction on it or with it, f agree to send the
payment (including the special notations or instructions) to you at the following address: Payoff Department, 32
Chestnut Street, Lewiston, ME 04240. If I send any such payment to any other address, you may ignore the
special notations or instructions, and your crediting any such check or other instrument to amounts I owe under
this Agreement does not mean that you have agreed to the special notations or instructions.
12. Late Payment Fee. If I fail to pay the Total Minimum Payment as outlined in section 7 above on or before
the fifteenth (15th) day following the payment due date, I may be charged a late fee equal to 5% of the
Minimum Payment or $10.00, whichever is less. The late fee will be charged to my account automatically and
itemized on my periodic statement without further notice to me
13. Change of Terms. You may change any of the terms of this Agreement, including, but not limited to my
Credit Limit, how you figure the Annual Percentage Rate and Interest Charge, and the fees that you charge. Any
change to this Agreernent will apply to new balances only unless the Bank Is permitted to apply the changes to
the then-existing balances. If you change this Agreement, you will give me notice to the extent required by
applicable law. Any notice will be mailed to my last address appearing on your records
14. Default.
14. A. When I Will be in Default. I, or any other Borrower if there is more than one, will be in default under this
Agreement if any one of the following events happens: (i) I fail to make a payment on time or in the amount
due; (ii) I fail to keep any promise I have made in connection with my Account or this Agreement; (iii) I die; (iv) I
go into bankruptcy, whether by my own choice or not; (v) I do or fail to do something which causes you to
believe that you will have difficulty collecting the amount I owe you; or (vi) I make any material misstatement in
my credit application.
14. B. What Happens When I Am in Default. At any time that I am in default, you can do one, some or all of the
foliowing things without any advance notice to me: (i) stop making acvances to me; (ii) decrease my Credit
Limit; (iii) end this Agreement and cancel my Account; (ivl require me to pay all amounts I owe under this
Agreement in full, in one single payment (after giving me any notice required by applicable lawl; or (v) exercise
all other rights and remedies provided in this Agreement and all rights and remedies available at law or in equity.
15. Termination. You may terminate this Agreement and cancel your duty to make advances to me at any time
for any reason without prior notice (if permitted by applicable law). I may terminate this Agreement by notifying
you in writing. After the Agreement is terminated, I must repay all the money I owe you under this Agreement.
Page 4 of 7
#19003408 v2 - Personalunsecured Une of Credit Agreement
Syslerns" Fo;mBNGULCCAGR8/2G/2013
- Bankees
WollemKluwernnancialServices
App #: Acct #:
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
16. Notify the Bank of Inaccurate Information. I will notify you if you report any inaccurate information about
my account(s) to a consumer reporting agency My written notice describing the specific inaccuracy must be
sent to you at the address shown on the periodic statement
17. Credit Information. I agree that, upon your request, I will provide you with a current financial statement or
other information, which you inay request from time to time.
18. Cost of Collection. Where perrnitted by applicable law, I agree to pay aH reasonable expenses, including
attorney's fees, incurred by you in enforcing your rights under this Agreement. For accounts opened in New
Hampshire, you have the right to co lect attorney's fees only if you prevail.
19. Telephone Numbers. If I give a cell phone number directly to the Bank, I consent to and agree to accept
collection calls to my cell phone from the Bank and its agents. For any telephone or cell phone calls placed by
the Bank or its agents, I consent and agree that those calls may be automatically dialed and/or use recorded
messages.
20. Negative Information Notice. The Bank may report information about my Account to consumer reporting
agencies. Late payments, missed payments, or other defaults on my Account inay be reflected in my credit
report.
21. Florida Documentary Stamp Tax. Required by law in the amount of $ 0.00 has been paid
or will be paid directly to the Department of Revenue Certificate of Registration No.
22. Governing Law. Applicable federal law and the substantive laws of the State of Deiaware (to the extent not
preempted by federal law) without regard to principles of confhct of law or choice of law, shall govern this
Agreement including the rate of interest and fees
Page 5 of 7
#19003408 v2 - PersonalUnsecured Line of Credit Agreernent
WcitersKiewerFinancial
Services SyslemsNFournBNGULCCAGR0/26/2013
- Bankers
App # Acet #
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
I acknowledge receipt of this completed Agreement.
oneff LQdE 7 If If
(shnature) Dat
Borrower Jonell A Fraser
Legal Address
1222 East 57thStreet Brooklyn, NY 11234
(signaturel Date
Borrower
Legal Address
(signature) Date
Barrower
Legal Address
(signature) Date
Borrower
Legal Address
(signature) Date
Borrower
Legal Address
Page 6 of 7
#19003408 v2 - PersonalUnsecured Line of Credit Agreement
WoltersKluwerFinancial
Services Systems" FormBNGULOC-AGR
- Dankers 8/2C/2013
App #: Acet #:
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023
UNSECURED LINE OF CREDIT AGREEMENT
YOUR BILLfNG RIGHTS: Keep this document for future use
"You" "your" "us" "our"
and rnean the Borrower. "We", or mean the Bank.
This notice contains important information about your rights and our responsibilit es under the Federal Credit
Bilhng Act.
What To Do If You Find a Mistake on Your Statement
If you think there i·s an error on your statement, wnte to us at:
TD Bank, N.A.
Loan Research Department
32 Chestnut Street, Lewiston, ME 04240
In your letter, give us the following information:
+ Account Information: Your Name anc Account number
+ Dollar Amount: The dollar amount of the suspected error.
+ Description of the Problem: If you think there is an error on your bill, describe what you believe is wrong and
why you believe it is a mistake.
You must contact us:
" Within 60 days after the error appeared on your statement.
" At least 3 business days before an automated payment is scheduled, if you want to stop payment on the
amount you think is wrong.
You must notify us of any potential errors in writing You may call us, but if you do we are not required to
investigate any potential errors and you may have to pay the amount In cuestion
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two thmgs:
1. Within 30 days of receiving your letter, we must tell you that we received your letter We will also tell you if
we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the crror or explain to you why we believe the
bill is correct.
While we investigate whether or not there has been an error.
" We cannot try to coffect the amount in question, or report you as de inquent on that amount
+ The charge in question may remain on your statement, and we may continue to charge you interest on that
amount,
" While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
" We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
* If we made a mistake: You will not have to pay the amount in question or any interest or other fees related
to that amount.
+ If we do not believe there was a mistake: You will have to pay the amount in question, along with
applicable interest and fees. We will send you a statement of the amount you owe and the date payment is
due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us
that you still refuse to pay If you do so, we cannot report you as delinquent without also reporting that you are
questioning your t)Ill. We must tell you the name of anyone to whom we reported you as delincuent, and we
must let those organizations know when the matter has been settled between us.
If we don't follow all the rules above, you do not have to pay the first $50 00 of the amount you question even
if your bill is correct.
Page 7 of 7
#19003408 v2 - PersonalUnsecured Line of Credit Agreement
%llem time "rumcia ervices- Bankentmems* FmmBNG·ULOC AGR8/26/2013
App # Acct #:
Preview
FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT Annual Percentage Rate 8.250 % when you open your account. (APR) for Advances After that, rate varies with market based on Prime Rate. Paying Interest Interest charges will begin to accrue on advances as of the transaction date. Origination Fee $50.00 Annual Fee $25 Late Fee 5% of Minimum Payment or $10, whichever is less Stop Payment Fee $25 balance" How We Will Calculate Your Balance: We use a method called "average daily lincluding new advances). This Agreement provides additional details. Billing Richts: Information on your rights to dispute transactions and how to exercise those rights are provided in this Agreement. "you," "your," The Unsecured Line of Credit Account is a revolving hne of credit. In this Agreement the words and "the Bank" mean TD Bank, N.A. "Borrower" The words "1," "me," "my," and mean each and every person who accepts or uses this Unsecured Line of Credit ("Account"). 1. Prornise to Pay. I promise to pay you all sums of money borrowed under th s Agreement in U.S dollars, plus interest, fees and other amounts due with repayment as described below If I fed to comply with any part of this Agreement, but you allow me to correct my failure to comply or to continue to borrow and repay under the Agreement, I cannot claim you have waived the right to require me to comply in the future. 2. Each Signer Liable. Although this Account may- be -accepted and used by more than one person, I understand that I, as an individual, am responsible for paying back the ent re amount owed under this Agreement and each Borrower is jointly and severally liable. You may take direct legal action against me even though I may not have received any direct personal benefit from the Account All persons who accept or use this Account are entitled to a copy of this Agreement, 3. Each Borrower May Give You Notice. If there is more than one Borrower, each Borrower may give you any notice required or permitted under this Agreement. If you receive conflicting notices or requests frorn any one or more Borrower, you may honor or refuse to honor any or aN of the conthcting notices or requests, at your option. You can do this without giving any notice to the person(s) whose notice or request is not honored You will not be liable for taking or refusing to take any action with regard to any conflicting notices or requests. 4. Advances. I will be provided with special checks (Account Checks) that inay be used to obtain loans, called advances in this Agreement, under my Account from time to tirne up to the amount of my Credit Limit described below. I can borrow, repay and re-borrow amounts from tirne to time using the Account. I may obtain advances as follows: I may write a check using an Account Check. If l am a TD Bank Online Banking Customer, Page 1 of 7 #19003408 v2 PersonalUnsecured Line of Credit Agreement WodelsKlowerFinancial Sr,tems" FormBNG·ULOC Scivices- Bankers AGrl 8/20/2013 App # Acet #: FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED UNE OF CREDIT AGREEMENT I may also obtain an advance by transferring funds from this Account to another Bank deposit account I may also transfer funds from this Account to another Bank Deposit account by using the Bank's telephone banking service However, if my Account is 45 days past due, 1will not be eligible to obtain advances from my Account. If I do not have Account Checks available, the Bank may elect to provide an advance at my request. Such requests must be made directly with the Bank and if the request is approved, the proceeds will be provided directly to me either as a deposit to my depos!t account with the Bank, or in the form of an official Bank check, or other disbursement method that you approve. You may elect not to honor any Account Check you receive which is post-dated or which is dated more than six months prior to the date the check is presented to you. If you honor such checks, at your sole discretion, I agree tnat such checks shall be considered an advance. You are not responsible to me in any manner if anyone else refuses to accept an Account Check as a means of payment. I will not advance funds from this Account to pay the Bank for sums due under this Agreement or to pay other amounts owed to the Bank or its affiliates 5. Credit Limit, My Credit Limit is the maximum amount of money you will make available to me under this Agreement. My Credit Limit is s 20,000.00 , and my available credit will appear on my periodic statement. I will not let my unpaid balance go over my Credit Limit. If I reach my Credit Limit, the Bank, at its option, inay choose not to honor any requests for an advance and the Bank may return any Account Checks that I write over the Credit Limit. 6. Interest Charge. If you make advances to me, I will pay an INTEREST CHARGE, which may vary based upon changes in the Index described below, and is determined using the Average Daily Batance method. The INTEREST CHARGE begins to accrue on the date an advance or any fee or charge is added to my Account and continues until the my Account balance is paid in full. The VARIABLE ANNUAL PERCENTAGE RATE ("APR"), and therefore my INTEREST CHARGE, is subject to change monthly based on the value of an Index. The Index in effect for each billing cycle shall be the highest domestic Prime Rate as published in The Wall Street Journal on, or in effect on the first day of each billing cycle for this Account ("Index"). Any change in my APR will take effect on the first day of the billing cycle An increase or decrease in the ANNUAL PERCENTAGE RATE will result in a corresponding increase or decrease in the amount of the INTEREST CHARGE and in the payment (unless the payment is equal to or less than the Total Minimum Payment) Rate" 6. A. The "Daily Periodic for each billing cycle shall be computed by adding a margin to the value of the Index, and dividing the result by 365 lor 366 during a leap year). The corresponding ANNUAL PERCENTAGE RATE is the Index plus or minus the margin. My margin .s 5.00 %. The Annual Percentage Hate on this Account will not increase above the maximum rate of 18%. My ANNUAL PERCENTAGE RATE will be disclosed on my periodic statement. The initial ANNUAL PERCENTAGE RATE is 8.250 % which will be in effect until the first day of my billing cycle and may change based upon changes in the Index. balance" 6. B. To get the "average daily take the beginning balance of the Account each day (not including interest charges), add any new advances and subtract any payments or credits. This gives you the daily balance. Then you add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives you the "average daily balance". 7. Minirnum Payments. Draw Period. I must repay my advances under this Agreernent by paying at least the Total Minimum Payment. During the Draw Period which is the first ten (10) years of this Agreement , Ewill pay each month at least the Total Minimum Payment no later than the date shown on my periodic statement as the next "Payment Due Date." This payment will be the greater of: a) 2% of the outstanding balance (principal plus accrued interest) or b) $25.00 or c) total accrued interest for the billing cycle, plus any amounts past due plus any other fees and charges. If my New Balance is less than the Total Minimum Payment, I will pay the New Balance. Repayment Period At the end of the Draw Period, called the Repayment Penod, I must repay to you all amounts I owe under this Agreement no later than ten (10) years from the start of the Repayment Period. During the Repayment Period, my Total Minimum Payment will be equal to the sum of (i) the greater of $25.00 or 1/120th of the outstanding principal balance at the start of the Repayment Period plus (ii) the Interest Charges that have accrued on the outstanding unpaid principal balance plus any other fees and charges. I have the right to pay off the entire balance in full or in part at any time before it is due without penalty. Page 2 of 7 #19003408 v2 - PersonalUnsecured Line of Credit Agreement sys1ems"EmmBNGULOCAGRt!/20/2013 financialServicesDankers WallelsK1uwer App # Acct #: FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT 8. Discounts. if one or more of the following discounts is checked, it applies to this account. You may have up to a maximum of two (2) discounts for this account at the Bank's discretion. 'f discounts are available, the Bank inay terminate all of the discounts as outlined below 8. A. X Relationship Discount. The interest rate for this account with a TD Bank Checking account (Qualified Account) is discounted by 0.25 % I understand and agree that a relationship discount wih be terminated and the interest rate on this account will increase upon closure of my Qualified Account. If the interest rate is increased. my margin listed in Section 6 will increase by the related discount shown above. You will send me advance notice of the new interest rate as required by applicable law. My new rate, payment and account balance will be on my statement. The interest rate may increase only once for termination of a relationship discount. The interest rate increase will become effective on the first cay of the billmg cycle after the notification period. 8. B. Autornatic Payment Discount. The interest rate for this account if I choose to have my monthly payments automatically deducted from a TD Bank account is discounted by N/A % 1 understand and agree that an automatic payment discount will be terrrinated and the interest rate on this account will mcrease if a automatic payments are cancelled by me or the Bank The mterest rate may also be ncreased rf I fail to maintain sufficient balances in iny Bank account to cover the monthly payment. If insufficient funds occur three times in a 12 month period, automatic payments may be cancelled and the interest rate will increase, If the interest rate is increased, my margin in Section 6 will increase by the related discount shown above. You wi0 send me advance notice of the new mterest rate as required by app:icable law. My new rate, payment and account balance will be on my statement. The interest rate may increase only once for termination of an automatic payment discount. The interest rate increase will become effective on the first day of the billing cycle after the notification period. 8. C. Employee Discount. The interest rate for this account for employees who are in good standing is discounted by N/A %. 9. Fees and Finance Charges Origination Fee: $50.00. I agree that I will pay an Origination Fee when I open my account. l understand that an Origination Fee is a finance charge, Annual Fee: $25.00. In order to maintain my Unsecured Line of Credit, I agree to pay an Annual Fee and agree that this fee will be charged to my account after the first anniversary date of my account opening and each digi l0VI:!isary date thereafter duaing the Dian Period. if the fee cannot be charged at the scheduled time for any reason, it may be charged with n 5 subsequent billing cycles. An annual fee is not charged during the Repayment Period. Stop Payment on Account Check: $25.00 per Account check 10. Paying Interest. There is no grace period for advances added to my Account I will pay a Daily Periodic Rate of interest on advances from the date of the advance until my Account is paid in full. There is no time period in which you may repay an advance and avoid imposition of a Daily Periodic Rate of interest on an advance. The Draw Period is for 10 years. During the Draw Period, I may obtain advances up to my Credit Limit until the Draw Period ends. I agree that I will not advance above my Credit Limit. If I go over my Credit Limit, I agree to pay the amount when it is billed to me, or sooner upon your request When the Draw Period ends, I wil) no longer be able to obtain advances under this Agreement and ) must repay the outstanding balance 11. Crediting of Payments. All payments must be made by check, automatic account debit, electronic funds transfer, money order or other instrument in U.S. Dollars drawn on a financial institution in the U.S. and must be received by the Bank at the address on the payment coupon of my periodic staternent. If my payment is mailed to the address specified on the periodic statement and received on or before 5:00 pm (ET) on a business day, you will credit a properly made payment that you receive by mail on the business day you receive the payment. If you receive a properly made payment after 5:00 pm (ET) on a business day or on a non-business day, you will credit the payment as of the next business day If my payment is inailed or delivered to a different address or location than that specified on the periodic statement, you may take up to five (5) days to credit the payment after the date of receipt. If I make a transfer using your internet banking service on or before 10:30 pm (ET) on a Page 3 of 7 #19003408 v2 - Personalunsecured Line of Crecit Agreement Bankei".Syslems"FoimBNGULOCAGRW20/2013 WciteusK1uwaFinarcimiservces- App #: Acet #: FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT business day, you will credit a properly made payment on that business day If l make a transfer using your Internet banking service after 10:30 pm (ET) on a business day or on a non-business day, you will credit a properly made payment as of the next business day. If I make a payment in person to one of your employees at a TD Bank location by the close of business for that location, you will credit a properly made payment on that day. If I make a payment via the telephone at 800-457-2387 on or before 5:30 pm (ET) on a business day, you will credit a properly made payment on that business day. If I make a payment via the telephone at 800-457-2387 after 5.30 pm (ET) on a business day or a non-bus!ness day you will credit a Properly made payment as of the next business day. If you make a change to your address or another materiat change to how you process payments and there is a material delay in the crediting of payments, there will be a courtesy period of 60 days. after the effective date of the change before we consider the receipt of payments as late. Application of Payments. 11. A. General. You will generahy apply my Total Minimum Payment in the following order: (i) to interest charges and other fees; (ii) to advances. 1 1. B. Application of Payments in Excess of the Total Minimum Payment. You w II generally apply iny payments and credits in excess of the Total Minimum Payment in the following order: (i) to interest charges and other fees; (ii) to advances. I may not dictate the order to use when you apply payments or credits to my Account. If l want to pay with a full" check that has "payment in or some other special notation or instruction on it or with it, f agree to send the payment (including the special notations or instructions) to you at the following address: Payoff Department, 32 Chestnut Street, Lewiston, ME 04240. If I send any such payment to any other address, you may ignore the special notations or instructions, and your crediting any such check or other instrument to amounts I owe under this Agreement does not mean that you have agreed to the special notations or instructions. 12. Late Payment Fee. If I fail to pay the Total Minimum Payment as outlined in section 7 above on or before the fifteenth (15th) day following the payment due date, I may be charged a late fee equal to 5% of the Minimum Payment or $10.00, whichever is less. The late fee will be charged to my account automatically and itemized on my periodic statement without further notice to me 13. Change of Terms. You may change any of the terms of this Agreement, including, but not limited to my Credit Limit, how you figure the Annual Percentage Rate and Interest Charge, and the fees that you charge. Any change to this Agreernent will apply to new balances only unless the Bank Is permitted to apply the changes to the then-existing balances. If you change this Agreement, you will give me notice to the extent required by applicable law. Any notice will be mailed to my last address appearing on your records 14. Default. 14. A. When I Will be in Default. I, or any other Borrower if there is more than one, will be in default under this Agreement if any one of the following events happens: (i) I fail to make a payment on time or in the amount due; (ii) I fail to keep any promise I have made in connection with my Account or this Agreement; (iii) I die; (iv) I go into bankruptcy, whether by my own choice or not; (v) I do or fail to do something which causes you to believe that you will have difficulty collecting the amount I owe you; or (vi) I make any material misstatement in my credit application. 14. B. What Happens When I Am in Default. At any time that I am in default, you can do one, some or all of the foliowing things without any advance notice to me: (i) stop making acvances to me; (ii) decrease my Credit Limit; (iii) end this Agreement and cancel my Account; (ivl require me to pay all amounts I owe under this Agreement in full, in one single payment (after giving me any notice required by applicable lawl; or (v) exercise all other rights and remedies provided in this Agreement and all rights and remedies available at law or in equity. 15. Termination. You may terminate this Agreement and cancel your duty to make advances to me at any time for any reason without prior notice (if permitted by applicable law). I may terminate this Agreement by notifying you in writing. After the Agreement is terminated, I must repay all the money I owe you under this Agreement. Page 4 of 7 #19003408 v2 - Personalunsecured Une of Credit Agreement Syslerns" Fo;mBNGULCCAGR8/2G/2013 - Bankees WollemKluwernnancialServices App #: Acct #: FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT 16. Notify the Bank of Inaccurate Information. I will notify you if you report any inaccurate information about my account(s) to a consumer reporting agency My written notice describing the specific inaccuracy must be sent to you at the address shown on the periodic statement 17. Credit Information. I agree that, upon your request, I will provide you with a current financial statement or other information, which you inay request from time to time. 18. Cost of Collection. Where perrnitted by applicable law, I agree to pay aH reasonable expenses, including attorney's fees, incurred by you in enforcing your rights under this Agreement. For accounts opened in New Hampshire, you have the right to co lect attorney's fees only if you prevail. 19. Telephone Numbers. If I give a cell phone number directly to the Bank, I consent to and agree to accept collection calls to my cell phone from the Bank and its agents. For any telephone or cell phone calls placed by the Bank or its agents, I consent and agree that those calls may be automatically dialed and/or use recorded messages. 20. Negative Information Notice. The Bank may report information about my Account to consumer reporting agencies. Late payments, missed payments, or other defaults on my Account inay be reflected in my credit report. 21. Florida Documentary Stamp Tax. Required by law in the amount of $ 0.00 has been paid or will be paid directly to the Department of Revenue Certificate of Registration No. 22. Governing Law. Applicable federal law and the substantive laws of the State of Deiaware (to the extent not preempted by federal law) without regard to principles of confhct of law or choice of law, shall govern this Agreement including the rate of interest and fees Page 5 of 7 #19003408 v2 - PersonalUnsecured Line of Credit Agreernent WcitersKiewerFinancial Services SyslemsNFournBNGULCCAGR0/26/2013 - Bankers App # Acet # FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT I acknowledge receipt of this completed Agreement. oneff LQdE 7 If If (shnature) Dat Borrower Jonell A Fraser Legal Address 1222 East 57thStreet Brooklyn, NY 11234 (signaturel Date Borrower Legal Address (signature) Date Barrower Legal Address (signature) Date Borrower Legal Address (signature) Date Borrower Legal Address Page 6 of 7 #19003408 v2 - PersonalUnsecured Line of Credit Agreement WoltersKluwerFinancial Services Systems" FormBNGULOC-AGR - Dankers 8/2C/2013 App #: Acet #: FILED: KINGS COUNTY CLERK 12/07/2023 01:18 PM INDEX NO. 535777/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/07/2023 UNSECURED LINE OF CREDIT AGREEMENT YOUR BILLfNG RIGHTS: Keep this document for future use "You" "your" "us" "our" and rnean the Borrower. "We", or mean the Bank. This notice contains important information about your rights and our responsibilit es under the Federal Credit Bilhng Act. What To Do If You Find a Mistake on Your Statement If you think there i·s an error on your statement, wnte to us at: TD Bank, N.A. Loan Research Department 32 Chestnut Street, Lewiston, ME 04240 In your letter, give us the following information: + Account Information: Your Name anc Account number + Dollar Amount: The dollar amount of the suspected error. + Description of the Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: " Within 60 days after the error appeared on your statement. " At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount In cuestion What Will Happen After We Receive Your Letter When we receive your letter, we must do two thmgs: 1. Within 30 days of receiving your letter, we must tell you that we received your letter We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the crror or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error. " We cannot try to coffect the amount in question, or report you as de inquent on that amount + The charge in question may remain on your statement, and we may continue to charge you interest on that amount, " While you do not have to pay the amount in question, you are responsible for the remainder of your balance. " We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: * If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. + If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay If you do so, we cannot report you as delinquent without also reporting that you are questioning your t)Ill. We must tell you the name of anyone to whom we reported you as delincuent, and we must let those organizations know when the matter has been settled between us. If we don't follow all the rules above, you do not have to pay the first $50 00 of the amount you question even if your bill is correct. Page 7 of 7 #19003408 v2 - PersonalUnsecured Line of Credit Agreement %llem time "rumcia ervices- Bankentmems* FmmBNG·ULOC AGR8/26/2013 App # Acct #: