Preview
= OMPK OUN NK DM INDEX NO. EF2024-0176
NYSCEF BOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index #: EF2024-0176
EXHIBIT A
{G1440363.1}
= INDEX NO. EF2024-0176
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index # EF2024-0176
/fneri CREDIT UNION
1916 Black River Blvd.
Rome, NY 13440
(315) 356-3000 Loan and Security Agreements
and Disclosure Statement
(1 covered Borrower Under Military Lending Act
[x] FIXED RATE LD step RATE LOAN DATE ACCOUNT NUMBER, LOAN NUMBER: MATURITY DATE
[7] VARIABLE RATE 5/5/2023 0001625976 0001: 625976 5/19/2028
ee RO ea Wane
& Adress) e BOen oe
WAYNE ARMSTRONG
298 BONE PLAIN RD
FREEVILLE, NY 13068
= Bs
RUTHIN LENDING Dist SURE (e meansan stir
ae
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total ‘of Payments Total Sale Price
The costof Your credit as a yearly rate. The dollar amount the credit, ‘The amount of credit The amount You will have The total cost of Your purchase on credit is
will cost You. provided to You or on paid after You have made $0.00
‘Your behalf. all payments as scheduled, which includes Your down payment of
15.727% $9,185.28 $20,000.00 $29,185.28 $0.00
Prepayment: if You pay off carly You will not
Your Payment Schedule Will Be: have to pay a penal
[Required Deposit The Annual Percentage
Number of Amount of Payment When Payments Rate does Rot take into account Your
Payments Payments Frequency Are Due required deposit, if any.
59 $486.43 MONTHLY beginning 6/19/2023 Deman:
L This obligation has a demand feature.
1 $485.91 5/19/2028 All disclosures are based on an assumed
Oo maturity of one year.
Property Insurance: You may obtain property insurance from anyone You want that is Filing Fees Non-Filing Insurance
acceptable to the Credit Union. If You get the insurance from the Credit Union You will pay $
$0.00 $
Vendor’s Single Interest Insurance:
If this box is checked, We require Vendor's Single interest Insurance as a condition of receive this loan. You may obtain the Vendor's
Single Interest Insurance from anyone You want that is acceptable to the Credit Union. This insurance is for the sole protection of the Credit
Union and Your interest is not covered. If You get the insurance from the Credit Union the cost is $ 95.00 is rate is subject
to change. All subrogation rights are waived by the insurer.
Late Charge:
If your payment is received more than 10 days after the due date, you will be charged $20.00 per late monthly payment or single payment; $10.00 per late
bi-weekly or semi-monthly payment; $5.00 per late weekly payment.
Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in
Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below:
Collateral Property/Model/Make Year 1.D. Number Type Value Key Number
‘OYOTA TACOMA (2019 5TFSZ5SAN5KX173660 EXTENDED g $32,675.00
$
Other (Describe)
Pledge of Shares $ in Account No. $ in Account No.
Variable Rate:
The Annual Percentage Rate (APR) may increase during the term of this transaction if You discontinue N/A At
that time, the APR will increase by N/A%. The increase in the APR will result in higher payments for the same term. If Your
loan was for $4,000.00 at 4.50% with a term of 48 months and the APR increased to 4.75% after 12 months, Your payment
would increase by $0.35.
See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before
the scheduled dat
i
‘© CUNA Muiual Group 1999, 2000, 0, 02, 03, 04,06, 08, 2016, 18
A RightsRe Page 1 of 4 (03105847-NZXO4-C-1-092222 (NZX012-E)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index # EF2024-0176
[Credit Union AmeriCu Credit Union Acct No. 0001 625976 ‘Loan No. 9001625976
Pe “| JANG,
Itemization mount Financed of moun t Gh ponte You Directly Paid on Your Account Prepaid Finance Charge
$20,095.00 $20,000.00 $0.00 $0.
Amounts Paid to Others on Your Behalf: (if an amount is marked with an asterisk (*) We will be retaining a portion of the amount.)
To To
To To
$95.00 To VSI To
To To
To To
To To
To
a Tae ae
LENDING KOTDISCLOSURES | ee ae
Federal law provides important protecti ions
to mem bers of the Armed Forces and their
t dependent its relating to extensions of
consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not
exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The
costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; an
application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation
fee charged (other than certain participation fees for a credit card account).
"Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this
loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower
does not mean a consumer who (thou, a a Covered Bol rower at the time he or she became obligated on this transaction) no
fons ris or a deper
ee 5 met fas
a Lending Act.
Be ae a
=
In this Lo reement (“Ay emer ferer to "Cre
™ ur" or "Us" mean the Credit Union whose name
appears above and anyone whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean
each person who signs, or otherwise authenticates, this Agreement as a borrower.
41. PROMISE TO PAY - You promise to pay $20,095.00 to the Credit Union plus interest on the unpaid balance until what You
owe has been repaid.
For fixed rate loans, the interest rate is 15.490% per year.
For step-rate loans, the initial interest rate will be % until and then the interest rate will be %
until the balance is repaid in full.
For variable rate loans, the initial interest rate is % per year and will vary as follows:
The Annual Percentage Rate (APR) may increase during the term of this transaction if You discontinue N/A At
that time, the APR will increase b
7
/A%. The increase in the APR will result in hi hi er payments for the same term. If
Your loan was for $4,000.00 at 4.50% with a term of 48 months and the APR increased to 4. ‘5% after 12 months, Your payment
would increase by $0.35.
Collection Costs:
You agree to pay all costs of collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees.
2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. If this is
a variable rate loan, the Promise to Pay section tells You whether, if the interest rate increases, You will have to make more
ayments, higher payments, or if the final payment will be a balloon ayment. You mai
‘ou prepay any part of what You owe, You are still required to make f fe
repay any amount without penalty. If
ie regularly schedu! d payments, unless We have agreed
to a change in the payment schedule. Because this is a simple interest loan, if You do not make payments exactly as scheduled,
Your final payment may be more or less than the amount of the final payment that is disclosed. If You elect voluntary payment
protection, fe will either include the premium or program fee(s) in Your payments or extend the term of Your loan. If the term is
extended, You will be required to make additional payments of the scheduled amount, until what You owe has been paid. You
6 omise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will
@ canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts
owed in the manner We choose.
3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan
proceeds are mailed to You.
4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending
Disclosure. Property securing other loans You have with Us also secures this loan, unless the proper is a dwelling or otherwise
prohibited by federal and/or state law. In addition to Your pledge of shares, We may also have what is known as a statutory lien
‘on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to
claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutot lien
against Your shares and dividends and, if any, interest and deposits, in all individual and Jjoint accounts You have with U is to
Page 2 of 4 (03105847 NZXO1-C-4-082222 (NZXO12-E)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index # EF2024-0176
[Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976 |
satisfy any outstanding financial obligation that is due and pay able to Us. We may exercise Our right to enforce this lien without
further notice to You, to the extent permitted by law. For ai borrowers: You ledge as security for this loan all shares and
dividends and, if any, all deposits and interest in all joint and individual accounts You have with the Credit Union now and in the
future. The statutoi lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when
‘
You are in default. If a dollar amount and account number are listed in the "Security" section of the ruth in Lending Disclosure,
You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release
all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any
other account that would lose special tax treatment under state or federal law if given as security.
5. DEFAULT - You will be in default under this
date it is due. You will be in default if You br ae
jreement if You do not make a payment of the amount required on or before the
any romise You made in connection with this loan or if anyone is in default
t
under any security agreement made in connection wi ih this Agreement. You will be in default if You die, file for bankruptcy,
become insolvent (that is, unable to ee y Your bills and loans as they become due), or if You made any false or misleading
statements in Your loan application. ‘ou will also be in default if something happens that We believe may seriously affect Your
ability to repay what You owe under this Agreement or if You are in default under any other loan agreement You have with Us.
6. DEFAULT RATE FOR NON-PERFECTION OF SECURITY INTEREST - The Annual Percentage Rate (APR) may increase
during the term of this transaction if the Credit Union is unable, for any reason, to perfect a security interest You granted as part
of this transaction, includin any instance where a UCC filing or other public record of the securit interest is removed at Your
request. At that time, the PR will increase to 17.99%. Your rate will be reduced to the rate lated in the Truth In Lending
Disclosure above when the security interest is adequately perfected.
7. ACTIONS AFTER DEFAULT - When You are in default, We may demand immediate payment of the entire unpaid balance
under this Agreement. If We demand immediate ayment, You will continue to y interest at the rate provided for in this
Agreement, until what You owe has been repaid. Ww hal
fe will also apply against wi it You owe any shares and/or deposits
You are a Covered Borrower under the Military Lending Act, ¥
given as security under this Agreement. We may also exercise an other rights given by law when You are in default.
ou waive any right You have to receive demand for
payment, notice of intent to demand immediate payment and notice of demand for immediate payment.
Inless
8. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and
jointly responsible for paying the entire amount owed under this Agreement. This means We can enforce Our rights against any
one of You individually or against all of You together.
9. LATE CHARGE - If You are late in making a
Disclosure. If no late charge is shown, You will not b ae yment, You promise
charged one.
to pay the late charge shown in the Truth in Lending
10. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this A: reement any number of times
f
without lasing the ability to exercise Our rights later. We can enforce this Agreement against Your eirs or legal representatives.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will
remain in effect.
12, NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will
be notice to all.
13. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the
Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real
estate.
14. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO
SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS
WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY
NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
15. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT
YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS
ALEGAL RIGHT TO COLLECT FROM YOU.
16. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the
Credit Union. This written Agreement may not be contradicts evidence of any oral reement.
3 ue G SE
By signing, or otherwis: authenticating, ‘as Borrowel r, You agreeto the terms of the Loan Agi reement. If Property is described in
the "Security" section of the Truth in Lending Disclosure, You also agree to the terms of the Security Agreement. If You sign, or
otherwise authenticate, as "Owner of Property" You agree only to the terms of the Security Agreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT
Borrower 1 Signature Date Borower 2 Signature Date
X Pyeebactes 05/06/2023
(Seal) (Seal)
WAYNE ARMSTRONG:
Signature Date Signature Date
x (Seal) eal)
[__] Owner of Property (J Witness: [_] Owner of Property CO Witness:
{_] Other: LJ other:
[1] cosigner: [1 cosigner.
Page
3 of 4 (03105847-NZXO1-C-1-002222 (NZX012-E)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index # EF2024-0176
Security Agreement
[Credit Union AmeriCU Credit Union Acct No 0001625976 ‘Loan No 0001625976
=
ORROWER11 Address) BORROWER
2 itlame & Addiess) san
WAYNE ‘ARMSTRONG.
298 BONE PLAIN RD
FREEVILLE, NY 13068
OWNER OF PROPERTY NAME AND ADDRESS
Collateral Property/Model/Make Year LD. Number Lien Amount Value Key Number
TOYOTA TACOMA, 2019 STFSZSAN5SKX173660 ; 39267500
$ $
Other (Describe)
je of Shares $ in Account No. in Account No.
SSECURITYAGREEMENT ee g |
In this Securit jreement reement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose
name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the
"Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any
person who signs, or otherwise authenticates, this Agreement.
41. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security"
accessions. Accessions are th
section of the Truth in Lendin Disclosure that is part of this document
ings which are attached to or installed
("the Property"). The security interest You give includes all
in the Property now or in the future. The security interest
also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or
refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the
Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan
and any extensions, renewals or refinancings of the Loan. e security interest also
Unless prohibited by applicable law,
secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other
amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the
Pro| is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the
Property will secure on this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You
Biromise You will use the Loan Proceeds for that purpose. You promise that no one else has any interest in or claim against the
roperty that You have not already told Us about. You promise not to sell or lease the Property or to use it as securi
with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to
for a loan
Property the
either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You romise to have Our security
interest shown on the title. We may have to file what is called a financin, statement to rotect ur security interest from the
fh §
Commercial se
claims of others. You irrevocably authorize Us to execute (on Your bel alf), if ay licable, and file one or more financing,
continuation or amendment statements pursuant to the Uniform Code (U ‘C) in a form satisfactory to Us, including,
where permitted by the UCC, the filing of a financing statement on the public land records to secure any Property installed in a
to protect Our securi interest in the Proper
building or on land. You promise to do whatever else We think is necessai
also promise to R
in the Property, d
all costs, including but not limited to any attorney fees,
fhe extent permite: by applicable law.
YW
fe incur in protecting
You
ur security interest an a ights
jood repair. (2) Obtain Our written permission before making m: lor chant les to the
BUs 4 4
‘operty or chal q)
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: 1) Use the Property carefully and keep it in
o
ing the address where the
roperty is kept. (3) Inform Us in writing before changing Your ac idress. (: ') Allow Us to inspect the TO} erty. (5) Promptly notify
if the Proper is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) jot retitle the Property in
another state without telling Us.
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the
Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must
be acceptable to Us. You may provide the property insurance through a policy You already have, or through a poli You get and
Pay for. ‘You promise to make the insurance policy payable to U: Is and to deliver the policy or proof of coverage OU Is if asked to
If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the
insurance settlement to repair the Pri
which may be payable to ‘ou in order for Us orto apply it towards what You owe. You authorize Us to endorse
collect any refund or benefits due under Your insurance policy.
any draft or check
If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not
Ns
required to do so. Any mone’ We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will
pay interest on those amoun at the same rate You agreed to pay on the Loan. We may receive payments in connection with the
insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You
and other borrowers have complied with the insurance requirements of Our loan agreements or may e! ny jage others to do so. The
insurance charge added to the Loan may include (1) the insurance company's payments to Us and (: ) the cost of determining 3
Page 1 of 2 (03105847-NZXO1-C-1.092222 (NZXO12.£)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024
12024-04740 Index # EF2024-0176
[Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976 |
compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan,
We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan.
7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge
You for will cover only Our interest in the Proper . The premium for this insurance may be higher because the insurance
llateral is lost or damaged. The insurance will
ty
company ma’ have given Us the right to purchase insurance after uninsured
not liabili insurance and will not satisfy any state financial responsibility or no fault laws.
8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this
Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You
have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens
that significantly affects the value of the Property or Our security interest in it.
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the
outstandin,
t
balance of the Loan without iving You advance notice and take possession of the Pr You agree the Credit
Union has the right to take possession of he roperty without judicial process if this can be done wi thou br reach of the peace. If
We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree
that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible
for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We
will try to return that property to You or make it available for You to claim.
After We have possession of the Property, We can sell it and apy ly the mon
th ai i
to any amounts You owe Us. We will give You
notice of an public disposition or the date after which a private isposition wil be held. Our expenses for taking possession of
and selling tl e Property will be deducted from the money received from the sale. Those costs may include the cost of storing the
Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code.
If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the
unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same
rate as the Loan until that amount has been paid.
40. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this
Agreement any number of times without losing the ability to exercise Our rights later. fe can enforce this Agreement against
Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect.
11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will
remain in effect.
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a
security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave
Us. It is Your responsibility to noti Us if Your address changes. The maximum penalty for unlawful failure to return a motor
vehicle is one year in prison and/or a fine of $150,000.00.
C The following notice applies ONLY when the box at left is marked.
13, NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS -
= IGNATURES:
By signing, or otherwise authenticating, You agree to the terms of this Security Agreement.
Owner of Property Date Owner of Property Date
05/06/2023
X teh Dolag (Seal) x (Seal)
Signature Date ‘Signature Date
xX (Seal) xX (Beal)
[_] Owner of Property [_] Witness [_] Owner of Property {_] Witness.
[J Other: [J Other:
(1) cosigner: [J Cosigner:
Page 2 of 2 (03 105847-NZXO1-C-4-082222 (NZXO12-E)
Preview
= OMPK OUN NK DM INDEX NO. EF2024-0176 NYSCEF BOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index #: EF2024-0176 EXHIBIT A {G1440363.1} = INDEX NO. EF2024-0176 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index # EF2024-0176 /fneri CREDIT UNION 1916 Black River Blvd. Rome, NY 13440 (315) 356-3000 Loan and Security Agreements and Disclosure Statement (1 covered Borrower Under Military Lending Act [x] FIXED RATE LD step RATE LOAN DATE ACCOUNT NUMBER, LOAN NUMBER: MATURITY DATE [7] VARIABLE RATE 5/5/2023 0001625976 0001: 625976 5/19/2028 ee RO ea Wane & Adress) e BOen oe WAYNE ARMSTRONG 298 BONE PLAIN RD FREEVILLE, NY 13068 = Bs RUTHIN LENDING Dist SURE (e meansan stir ae ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total ‘of Payments Total Sale Price The costof Your credit as a yearly rate. The dollar amount the credit, ‘The amount of credit The amount You will have The total cost of Your purchase on credit is will cost You. provided to You or on paid after You have made $0.00 ‘Your behalf. all payments as scheduled, which includes Your down payment of 15.727% $9,185.28 $20,000.00 $29,185.28 $0.00 Prepayment: if You pay off carly You will not Your Payment Schedule Will Be: have to pay a penal [Required Deposit The Annual Percentage Number of Amount of Payment When Payments Rate does Rot take into account Your Payments Payments Frequency Are Due required deposit, if any. 59 $486.43 MONTHLY beginning 6/19/2023 Deman: L This obligation has a demand feature. 1 $485.91 5/19/2028 All disclosures are based on an assumed Oo maturity of one year. Property Insurance: You may obtain property insurance from anyone You want that is Filing Fees Non-Filing Insurance acceptable to the Credit Union. If You get the insurance from the Credit Union You will pay $ $0.00 $ Vendor’s Single Interest Insurance: If this box is checked, We require Vendor's Single interest Insurance as a condition of receive this loan. You may obtain the Vendor's Single Interest Insurance from anyone You want that is acceptable to the Credit Union. This insurance is for the sole protection of the Credit Union and Your interest is not covered. If You get the insurance from the Credit Union the cost is $ 95.00 is rate is subject to change. All subrogation rights are waived by the insurer. Late Charge: If your payment is received more than 10 days after the due date, you will be charged $20.00 per late monthly payment or single payment; $10.00 per late bi-weekly or semi-monthly payment; $5.00 per late weekly payment. Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the Property described below: Collateral Property/Model/Make Year 1.D. Number Type Value Key Number ‘OYOTA TACOMA (2019 5TFSZ5SAN5KX173660 EXTENDED g $32,675.00 $ Other (Describe) Pledge of Shares $ in Account No. $ in Account No. Variable Rate: The Annual Percentage Rate (APR) may increase during the term of this transaction if You discontinue N/A At that time, the APR will increase by N/A%. The increase in the APR will result in higher payments for the same term. If Your loan was for $4,000.00 at 4.50% with a term of 48 months and the APR increased to 4.75% after 12 months, Your payment would increase by $0.35. See Your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled dat i ‘© CUNA Muiual Group 1999, 2000, 0, 02, 03, 04,06, 08, 2016, 18 A RightsRe Page 1 of 4 (03105847-NZXO4-C-1-092222 (NZX012-E) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index # EF2024-0176 [Credit Union AmeriCu Credit Union Acct No. 0001 625976 ‘Loan No. 9001625976 Pe “| JANG, Itemization mount Financed of moun t Gh ponte You Directly Paid on Your Account Prepaid Finance Charge $20,095.00 $20,000.00 $0.00 $0. Amounts Paid to Others on Your Behalf: (if an amount is marked with an asterisk (*) We will be retaining a portion of the amount.) To To To To $95.00 To VSI To To To To To To To To a Tae ae LENDING KOTDISCLOSURES | ee ae Federal law provides important protecti ions to mem bers of the Armed Forces and their t dependent its relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; an application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower does not mean a consumer who (thou, a a Covered Bol rower at the time he or she became obligated on this transaction) no fons ris or a deper ee 5 met fas a Lending Act. Be ae a = In this Lo reement (“Ay emer ferer to "Cre ™ ur" or "Us" mean the Credit Union whose name appears above and anyone whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower. 41. PROMISE TO PAY - You promise to pay $20,095.00 to the Credit Union plus interest on the unpaid balance until what You owe has been repaid. For fixed rate loans, the interest rate is 15.490% per year. For step-rate loans, the initial interest rate will be % until and then the interest rate will be % until the balance is repaid in full. For variable rate loans, the initial interest rate is % per year and will vary as follows: The Annual Percentage Rate (APR) may increase during the term of this transaction if You discontinue N/A At that time, the APR will increase b 7 /A%. The increase in the APR will result in hi hi er payments for the same term. If Your loan was for $4,000.00 at 4.50% with a term of 48 months and the APR increased to 4. ‘5% after 12 months, Your payment would increase by $0.35. Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. If this is a variable rate loan, the Promise to Pay section tells You whether, if the interest rate increases, You will have to make more ayments, higher payments, or if the final payment will be a balloon ayment. You mai ‘ou prepay any part of what You owe, You are still required to make f fe repay any amount without penalty. If ie regularly schedu! d payments, unless We have agreed to a change in the payment schedule. Because this is a simple interest loan, if You do not make payments exactly as scheduled, Your final payment may be more or less than the amount of the final payment that is disclosed. If You elect voluntary payment protection, fe will either include the premium or program fee(s) in Your payments or extend the term of Your loan. If the term is extended, You will be required to make additional payments of the scheduled amount, until what You owe has been paid. You 6 omise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will @ canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner We choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan proceeds are mailed to You. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans You have with Us also secures this loan, unless the proper is a dwelling or otherwise prohibited by federal and/or state law. In addition to Your pledge of shares, We may also have what is known as a statutory lien ‘on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutot lien against Your shares and dividends and, if any, interest and deposits, in all individual and Jjoint accounts You have with U is to Page 2 of 4 (03105847 NZXO1-C-4-082222 (NZXO12-E) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index # EF2024-0176 [Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976 | satisfy any outstanding financial obligation that is due and pay able to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent permitted by law. For ai borrowers: You ledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts You have with the Credit Union now and in the future. The statutoi lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when ‘ You are in default. If a dollar amount and account number are listed in the "Security" section of the ruth in Lending Disclosure, You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. 5. DEFAULT - You will be in default under this date it is due. You will be in default if You br ae jreement if You do not make a payment of the amount required on or before the any romise You made in connection with this loan or if anyone is in default t under any security agreement made in connection wi ih this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to ee y Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. ‘ou will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreement or if You are in default under any other loan agreement You have with Us. 6. DEFAULT RATE FOR NON-PERFECTION OF SECURITY INTEREST - The Annual Percentage Rate (APR) may increase during the term of this transaction if the Credit Union is unable, for any reason, to perfect a security interest You granted as part of this transaction, includin any instance where a UCC filing or other public record of the securit interest is removed at Your request. At that time, the PR will increase to 17.99%. Your rate will be reduced to the rate lated in the Truth In Lending Disclosure above when the security interest is adequately perfected. 7. ACTIONS AFTER DEFAULT - When You are in default, We may demand immediate payment of the entire unpaid balance under this Agreement. If We demand immediate ayment, You will continue to y interest at the rate provided for in this Agreement, until what You owe has been repaid. Ww hal fe will also apply against wi it You owe any shares and/or deposits You are a Covered Borrower under the Military Lending Act, ¥ given as security under this Agreement. We may also exercise an other rights given by law when You are in default. ou waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment. Inless 8. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means We can enforce Our rights against any one of You individually or against all of You together. 9. LATE CHARGE - If You are late in making a Disclosure. If no late charge is shown, You will not b ae yment, You promise charged one. to pay the late charge shown in the Truth in Lending 10. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of Our rights under this A: reement any number of times f without lasing the ability to exercise Our rights later. We can enforce this Agreement against Your eirs or legal representatives. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12, NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will be notice to all. 13. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real estate. 14. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 15. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS ALEGAL RIGHT TO COLLECT FROM YOU. 16. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicts evidence of any oral reement. 3 ue G SE By signing, or otherwis: authenticating, ‘as Borrowel r, You agreeto the terms of the Loan Agi reement. If Property is described in the "Security" section of the Truth in Lending Disclosure, You also agree to the terms of the Security Agreement. If You sign, or otherwise authenticate, as "Owner of Property" You agree only to the terms of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT Borrower 1 Signature Date Borower 2 Signature Date X Pyeebactes 05/06/2023 (Seal) (Seal) WAYNE ARMSTRONG: Signature Date Signature Date x (Seal) eal) [__] Owner of Property (J Witness: [_] Owner of Property CO Witness: {_] Other: LJ other: [1] cosigner: [1 cosigner. Page 3 of 4 (03105847-NZXO1-C-1-002222 (NZX012-E) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index # EF2024-0176 Security Agreement [Credit Union AmeriCU Credit Union Acct No 0001625976 ‘Loan No 0001625976 = ORROWER11 Address) BORROWER 2 itlame & Addiess) san WAYNE ‘ARMSTRONG. 298 BONE PLAIN RD FREEVILLE, NY 13068 OWNER OF PROPERTY NAME AND ADDRESS Collateral Property/Model/Make Year LD. Number Lien Amount Value Key Number TOYOTA TACOMA, 2019 STFSZSAN5SKX173660 ; 39267500 $ $ Other (Describe) je of Shares $ in Account No. in Account No. SSECURITYAGREEMENT ee g | In this Securit jreement reement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement. 41. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" accessions. Accessions are th section of the Truth in Lendin Disclosure that is part of this document ings which are attached to or installed ("the Property"). The security interest You give includes all in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. e security interest also Unless prohibited by applicable law, secures any other loans, including any credit card loan, You have now or receive in the future from Us and any other amounts You owe Us for any reason now or in the future, except any loan secured by Your principal dwelling. If the Pro| is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure on this Loan and not other loans or amounts You owe Us. 3. OWNERSHIP OF THE PROPERTY - You promise that You own the Property or, if this Loan is to buy the Property, You Biromise You will use the Loan Proceeds for that purpose. You promise that no one else has any interest in or claim against the roperty that You have not already told Us about. You promise not to sell or lease the Property or to use it as securi with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to for a loan Property the either by Your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You romise to have Our security interest shown on the title. We may have to file what is called a financin, statement to rotect ur security interest from the fh § Commercial se claims of others. You irrevocably authorize Us to execute (on Your bel alf), if ay licable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Code (U ‘C) in a form satisfactory to Us, including, where permitted by the UCC, the filing of a financing statement on the public land records to secure any Property installed in a to protect Our securi interest in the Proper building or on land. You promise to do whatever else We think is necessai also promise to R in the Property, d all costs, including but not limited to any attorney fees, fhe extent permite: by applicable law. YW fe incur in protecting You ur security interest an a ights jood repair. (2) Obtain Our written permission before making m: lor chant les to the BUs 4 4 ‘operty or chal q) 5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: 1) Use the Property carefully and keep it in o ing the address where the roperty is kept. (3) Inform Us in writing before changing Your ac idress. (: ') Allow Us to inspect the TO} erty. (5) Promptly notify if the Proper is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) jot retitle the Property in another state without telling Us. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to Us. You may provide the property insurance through a policy You already have, or through a poli You get and Pay for. ‘You promise to make the insurance policy payable to U: Is and to deliver the policy or proof of coverage OU Is if asked to If You cancel Your insurance and get a refund, We have a right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Pri which may be payable to ‘ou in order for Us orto apply it towards what You owe. You authorize Us to endorse collect any refund or benefits due under Your insurance policy. any draft or check If You do not pay the taxes or fees on the Property when due or keep it insured, We may pay these obligations, but We are not Ns required to do so. Any mone’ We spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and You will pay interest on those amoun at the same rate You agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor Our loans for the purpose of determining whether You and other borrowers have complied with the insurance requirements of Our loan agreements or may e! ny jage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to Us and (: ) the cost of determining 3 Page 1 of 2 (03105847-NZXO1-C-1.092222 (NZXO12.£) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/11/2024 12024-04740 Index # EF2024-0176 [Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976 | compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We may increase Your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE - If You do not purchase the required property insurance, the insurance We may purchase and charge You for will cover only Our interest in the Proper . The premium for this insurance may be higher because the insurance llateral is lost or damaged. The insurance will ty company ma’ have given Us the right to purchase insurance after uninsured not liabili insurance and will not satisfy any state financial responsibility or no fault laws. 8. DEFAULT - You will be in default if You break any promise You make or fail to perform any obligation You have under this Agreement. You will also be in default under this Agreement if the Loan is in default. You will be in default if any Property You have given Us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the Property or Our security interest in it. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are in default, We may demand immediate payment of the outstandin, t balance of the Loan without iving You advance notice and take possession of the Pr You agree the Credit Union has the right to take possession of he roperty without judicial process if this can be done wi thou br reach of the peace. If We ask, You promise to deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We may obtain a key or other device necessary to unlock and operate it, when You are in default. We will not be responsible for any other property not covered by this Agreement that You leave inside the Property or that is attached to the Property. We will try to return that property to You or make it available for You to claim. After We have possession of the Property, We can sell it and apy ly the mon th ai i to any amounts You owe Us. We will give You notice of an public disposition or the date after which a private isposition wil be held. Our expenses for taking possession of and selling tl e Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. If You have agreed to pay the Loan, You must pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what You owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 40. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. fe can enforce this Agreement against Your heirs or legal representatives. If We change the terms of the Loan, You agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for You to fail to return a motor vehicle that is subject to a security interest, within thirty days after You have received notice of default. The notice will be mailed to the address You gave Us. It is Your responsibility to noti Us if Your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. C The following notice applies ONLY when the box at left is marked. 13, NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 14. OTHER PROVISIONS - = IGNATURES: By signing, or otherwise authenticating, You agree to the terms of this Security Agreement. Owner of Property Date Owner of Property Date 05/06/2023 X teh Dolag (Seal) x (Seal) Signature Date ‘Signature Date xX (Seal) xX (Beal) [_] Owner of Property [_] Witness [_] Owner of Property {_] Witness. [J Other: [J Other: (1) cosigner: [J Cosigner: Page 2 of 2 (03 105847-NZXO1-C-4-082222 (NZXO12-E)