Preview
= OMPK OUN NK DM INDEX NO. EF2024-0176
NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index #: EF2024-0176
EXHIBIT 1
{G1440363.1}
INDEX NO. EF2024-0176
FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
AMERICU CREDIT UNION,
Plaintiff, SUMMONS
vs.
Index No.
WAYNE ARMSTRONG,
Defendant.
CONSUMER CREDIT TRANSACTION
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the Verified Complaint in the
above-entitled action and to serve a copy of your Verified Answer upon Plaintiff's attorneys at
the address stated below within twenty (20) days after the service of this Summons, exclusive of
the day of service, or within thirty (30) days after completion of service where service is made in
any other manner than by personal delivery within the State. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
The basis of venue is the residence of the Defendant and suspected location of the personal
property collateral: 298 Bone Plain Road, Freeville, County of Tompkins, State of New York,
13068.
DATED: March 11, 2024
Jeffer . Lottermoser, Jr., Esq.
GE ICK LIVINGSTON
ATKINSON & PRIORE, LLP
Attorneys for Plaintiff
258 Genesee Street
Utica, New York 13502
Telephone (315) 797-9261
Pursuant to the Fair Debt Collection Practice Act, this document is an attempt to collect a
debt and any information obtained will be used for that purpose.
{G1764701.1}
INDEX NO. EF2024-0176
(FILED: TOMPKINS COUNTY CLERK 0371172024 03:10 PM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
AMERICU CREDIT UNION, VERIFIED COMPLAINT
Plaintiff,
vs. Index No.
WAYNE ARMSTRONG,
Defendant.
Plaintiff, AmeriCU Credit Union (“AmeriCU”), by and through its attorneys, Getnick
Livingston Atkinson & Priore, LLP, as and for its Verified Complaint against the Defendant,
Heidi T. Bush, alleges as follows:
PARTIES AND JURISDICTION
1 Plaintiff, now and at all times hereinafter mentioned, is a state chartered credit
union, chartered and governed by the laws of the State of New York, having its usual place of
business at Griffiss Financial Center, 231 Hill Road, Rome, Oneida County, New York.
2 Upon information and _ belief, at all times relevant to this action, Wayne
Armstrong, (“Defendant”), was and still is a resident of the County of Tompkins, having a
primary place of residence at 298 Bone Plain Road, Freeville, County of Tompkins, and State of
New York, 13068.
3 Upon information and belief, the collateral described below is located at
Defendant’s residence at at 298 Bone Plain Road, Freeville, County of Tompkins, and State of
New York, 13068.
4 Venue is proper in the Supreme Court, Tompkins County based upon the location
of the collateral and the residential address of the Defendant.
{G1764701.1}
INDEX NO. EF2024-0176
FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
BACKGROUND
5 On May 5, 2023, Defendant executed a Loan and Security Agreements and
Disclosure Statement (“Loan Agreement”) acknowledging an indebtedness to Plaintiff in the
amount of $20,095.00, at 15.490% interest per annum, which principal sum with interest thereon,
Defendant agreed to pay Plaintiff fifty-nine (59) monthly payments of $486.43, and one monthly
payment in the amount of $485.91, commencing on June 19, 2023. A copy of the Loan
Agreement is marked as Exhibit “A”, annexed hereto and made a part hereof.
6 Upon information and belief, Defendant received a copy of the Loan Agreement
and, by executing the Loan Agreement, agreed to be bound by the terms of the Security
Agreement provision contained therein
7 Per the terms of the Loan Agreement, Defendant granted to Plaintiff a first priority
security interest in a 2019 Toyota Tacoma bearing Vehicle Identification No.
STFSZSANSKX173660 (“Collateral”).
8 Defendant defaulted under the terms, conditions, and provisions of the Loan
Agreement by failing to remit the installment of principal and interest due on July 19, 2023, and
by failing to make all subsequent payments, all of which sums stated to be in default remain
unpaid. A copy of the Loan Agreement transaction summary is marked as Exhibit “B” and
annexed hereto.
AS AND FOR A FIRST CAUSE OF ACTION
FOR REPLEVIN OF PERSONAL PROPERTY COLLATERAL
9 Plaintiff repeats and re-alleges paragraphs 1 through 8 above as if fully set forth
herein.
10. Defendant has possession of the Collateral subject to the security interest of
Plaintiff pursuant to the terms, conditions and provisions of the Loan Agreement.
{G1764701.1}
INDEX NO. EF2024-0176
FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
11. Based upon the above-stated default, Plaintiff is entitled to immediate possession
of the Collateral.
12. Upon information and belief, the total approximate value of the Collateral is
$20,750.00.
13. Despite attempts, Plaintiff has been unable to seize the Collateral due to the
threatening behavior of the Defendant.
14. Accordingly, Plaintiff is entitled to immediate possession of the Collateral. The
Collateral is being wrongfully held by the Defendant and Plaintiff is entitled to, and requests,
judgment awarding it possession of the collateral.
AS AND FOR A SECOND CAUSE OF ACTION
MONEY JUDGMENT - LOAN
15. Plaintiff repeats and re-alleges paragraphs 1-14 above as if set forth fully herein.
16. Pursuant to the terms of the Loan Agreement, Defendant is liable for the full
outstanding debt due thereunder. Plaintiff is thus entitled to and requests a judgment with respect
to any amount due and owing under the Loan Agreement, less any net sale proceeds realized in
the event the Collateral is seized and sold.
17. Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if set
forth fully herein.
AS AND FOR A THIRD CAUSE OF ACTION
ATTORNEYS’ FEES AND COSTS
18. Plaintiff repeats and re-alleges paragraphs 1-17 above as if set forth fully herein.
19. Pursuant to the terms of the Loan and Security Agreement, Defendant, if in
default, agreed to pay collection costs, including reasonable attorneys’ fees and costs with respect
to the prosecution of this collection action, and specifically as set forth on Page 2 of the Loan
{(G1764701.1}
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
Agreement:
“Collection Costs: You agree to pay all costs of collecting
the amount you owe under this Agreement, including
court costs and reasonable attorney fees.”
20. Accordingly, Plaintiff is entitled to and requests an award of reasonable attorneys’
fees and costs in connection with this action.
WHEREFORE, Plaintiff, AmeriCU Credit Union, respectfully prays for an Order of this
Court:
(a) Authorizing and directing the Sheriff of Tompkins County; and/or any County
where the Collateral described herein is found, to seize the Collateral; and if the
Collateral is not delivered to the Sheriff, directing the Sheriff to enter and search
for the Collateral in the place where it may be found;
(b) Authorizing and directing the Sheriff of Tompkins County, and/or any County
where the Collateral described herein is found, to deliver the Collateral to Plaintiff
in accordance with the requirements set forth in CPLR §7102(f);
(c) Granting Plaintiff a judgment against Defendant, Wayne Armstrong, for any
amount due and owing under the Loan and Security Agreement after application
of the net sale proceeds, if any;
(d) Permitting Plaintiff to recover its reasonable attorneys’ fees and costs; and
©) Granting such other and further relief as to the Court deems just and proper.
DATED: March 11, 2024
GETNICK LIVINGSTON
ATKINSON & PRIORE, P
CM
Jeffe ry fe ttermoser, Jr., Esq.
Attorne; for Plaintiff
AmeriCU Credit Union
258 Genesee Street
Utica, New York 13502
(315) 797-9261
Pursuant to the Fair Debt Collection Practice Act, this document is an attempt to collect a
debt and any information obtained will be used for that purpose.
{G1764701.1}
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
VERIFICATION
STATE OF NEW YORK )
SS:
COUNTY OF ONEIDA )
BRIAN WILLIAMS, being duly sworn, deposes and says that deponent is a Loss
Mitigation Specialist Il of AmeriCU Credit Union, the plaintiff in the within action; that
deponent has read the foregoing Complaint and knows the contents thereof; that the same is true
to deponent’s own knowledge, except as to matters therein stated to be alleged upon information
and belief, and as to those matters deponent believes it to be true, This verification is made by
deponent because AmeriCU Credit Union is a federal credit union. The grounds of deponent’s
belief as to all matters not stated upon deponent’s knowledge are as follows: Books and records
of AmeriCU Credit Union.
AMERICU CREDIT UNION
By: BRIAN WILLIAMS
pf
Loss Mitigation Specialist IT
Sworn to before this ye
day of March, 2024.
_
A)
—_—— nDresar
TARY F
“VE OF NEW YORK
Notary Public ion Num Q1VAG34
x ‘a County
‘Qualified in On spt. 26, 200,
vnrnssion EXpUES
fin Mi VanDresat YORK
NOTARY eS STATE OF
# O1VE
‘Qualified in Oneida
26, 20.
{(G1764701.1)
= OMPK OUN NK DM INDEX NO. EF2024-0176
NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
EXHIBIT A
{G1440363.1}
=: INDEX NO. EF2024-0176
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
/fferi CREDIT UNION
1916 Black River Blvd.
Rome, NY 13440
(315) 356-3000 Loan and Security Agreements
and Disclosure Statement
(C] Covered Borrower Under Military Lending Act
FIXED RATE LD STEP RATE LOAN DATE ACCOUNT NUMBER: LOAN NUMBER. MATURITY DATE
[J] VARIABLE RATE 5/5/2023 900 1625976 0001625976 5/19/2028
wi =
ae ORRO! RA WNaine
& Addis) eS ce Ve
BORROWER? nes
WAYNE ARMSTRONG
298 BONE PLAIN RD
FREEVILLE, NY 13068
ce
— TRL
=~ GD E SOLO: ZACem ies ans
ee
ANNUAL PERCENTAGE RATE
The costof Your credit as a yearly rate.
FINANCE GHARG
The dollar amount the credit
Am jount Fin anced c tal Payments Total Sale Price
‘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 penalty.
Required Deposit: The Annual Percentage
Number of Amount of Payment When Payments Rate does not take into account Your
Payments Payments Frequency Are Due required deposit, if any.
$486.43 MONTHLY beginning 6/19/2023 Demand:
J This obligation has a demand feature.
1 $485.91 5/19/2028
Oo All disclosures are based on an assumed
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 . This 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
TOYOTA TACOMA 2019 STFSZSANSKX173660 EXTENDED g $°2.675.00
$
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 date.
1
‘© CUNA Mutual Group 1999, 2000, 01, 02,02, 03,03, 4,04, 06, 08, 2016, 18
‘All Rights Rosorved Page 1 of 4 (03105847-NZXO1-C-1-092222 (NZX012-E)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
[Credit ur AmeriCU Credit Union Acct No. 0001625976 Loe Ne 0001 625976
OF THE AMOUNT FINA CED (e7 meat on
unt int Given to You Directly ‘Amount Paid on Your Account Prepaid Finan Charge
$20,095.00 $20,000.00 0. $0.00
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 To
Feder: law rovides
Al
ao
lant protections to m
LENDING’
ers of the
ost ES
Armei d "Force s and their
ae
d lependents relating to extensions of
=n
ue
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
application fee charged (other than cert
fee charged (other than certain
a remiums;, fees for ancillary products sold in connection with the credit transaction; any
in application fees for specified credit transactions or accounts); and any participation
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 (though a Covered Borrower at the time he or she became obligated on this transaction) no
Inger is
=ora pendent of a co
aesee ee member as defined by the Military Le
=a! ct.
= as
EME a Se =
In thi oal reement ‘Agreeme ferences to "Credi ion’, "We", "Ou in the Credit Union whose name
appears above and anyone to whom t bec redit 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.
1. 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 by /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.
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
yto ‘ouments,
a
prepay
a change
any
in
part of what You owe, You are still required to make f
higher payments, or if the final payment will be a balloon vayment. You may prepay any amount without penalty. If
e regularly scheduled payments, unless We have agreed
@ 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
5omise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will
e 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. Proper securing other loans You have with Us also secures this loan, unless the property 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. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
[Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976
satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without
further notice to You, to the extent permitted by law. For all borrowers: You pledge 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 statutory 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 Truth 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 Agreement if You do not make a payment of the amount required on or before the
date it is due. You will be in default if You break any promise You made in connection with this loan or if anyone is in default
under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy,
become insolvent (that is, unable to P vay Your bills and loans as they become due), or if You made any false or misleading
statements in Your loan application. Ol u 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, including any instance where a UCC filing or other public record of the security interest is removed at Your
request. At that time, the APR will increase to 17.99%. Your rate will be reduced to the rate stated 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
h
under this Agreement. If We demand immediate payment, You will continue to ay interest at the rate provided for in this
Agreement, until what You owe has been repaid. We will also apply against wi at You owe any shares and/or deposits
given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless
You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for
payment, notice of intent to demand immediate payment and notice of demand for immediate payment.
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 payment, You promise to pay the late charge shown in the Truth in Lending
Disclosure. If no late charge is shown, You will not be charged one.
10. DELAY IN ENFORCING RIGHTS - We can delay enforcing any
f
of Our rights under this Ay reement any number of times
without losing 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
A LEGAL 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 winiten Agreement may not be contradi licted by evidence of any oral agreement.
[ SIGNATURES
By signing, or otherwise authenticating, as Borrower, You agree to the terms of the Loan Agreement. 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
=
[Borower 1 Signature Date Borrower 2 Signature Date
05/06/2023
x Yypebates — __(Seal) ax (Seal)
WAYNE ARMSTRONG _
‘Signature Date Signature Date
|
xX Seal) IX (Seal) _ _
{_) Owner of Property {_] Witness [_] Owner of Property (J Witness —
(J other: {_] Other:
{| Cosigner: (J Cosigner:
Page 3 of 4 (03 105847-NZXO1-C-4-092222 (NZX012-E)
INDEX NO. EF2024-0176
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024
12024-04745 Index # EF2024-0176
Security Agreement
[Credit union AmeriCU Credit Union Acct No 0001625976 Loan No 0001625976
5
a TEIBORROWER 1 (Name & Address) BORROWER2 itiame
& Address)
WAT E ARM ISTRONG
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 STFSZ5ANSKX173660 $ $32,675.00
$ $
$ $
Other (Describe)
pled je of Shares $ in Account No. $ in Account No.
TE
E ce ue = SECURITY. AGREEMENT ET
a c
In this Security
name appears on na this documet t and
reement ("A reement") all references to "Credit Union", "We", ‘Our" o1 "Us" mean the Credit Union whose
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.
4. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security"
section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all
accessions. Accessions are ings which are attached to or installed 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
Tefinancings 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
Preview
= OMPK OUN NK DM INDEX NO. EF2024-0176 NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index #: EF2024-0176 EXHIBIT 1 {G1440363.1} INDEX NO. EF2024-0176 FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS AMERICU CREDIT UNION, Plaintiff, SUMMONS vs. Index No. WAYNE ARMSTRONG, Defendant. CONSUMER CREDIT TRANSACTION To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the Verified Complaint in the above-entitled action and to serve a copy of your Verified Answer upon Plaintiff's attorneys at the address stated below within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The basis of venue is the residence of the Defendant and suspected location of the personal property collateral: 298 Bone Plain Road, Freeville, County of Tompkins, State of New York, 13068. DATED: March 11, 2024 Jeffer . Lottermoser, Jr., Esq. GE ICK LIVINGSTON ATKINSON & PRIORE, LLP Attorneys for Plaintiff 258 Genesee Street Utica, New York 13502 Telephone (315) 797-9261 Pursuant to the Fair Debt Collection Practice Act, this document is an attempt to collect a debt and any information obtained will be used for that purpose. {G1764701.1} INDEX NO. EF2024-0176 (FILED: TOMPKINS COUNTY CLERK 0371172024 03:10 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS AMERICU CREDIT UNION, VERIFIED COMPLAINT Plaintiff, vs. Index No. WAYNE ARMSTRONG, Defendant. Plaintiff, AmeriCU Credit Union (“AmeriCU”), by and through its attorneys, Getnick Livingston Atkinson & Priore, LLP, as and for its Verified Complaint against the Defendant, Heidi T. Bush, alleges as follows: PARTIES AND JURISDICTION 1 Plaintiff, now and at all times hereinafter mentioned, is a state chartered credit union, chartered and governed by the laws of the State of New York, having its usual place of business at Griffiss Financial Center, 231 Hill Road, Rome, Oneida County, New York. 2 Upon information and _ belief, at all times relevant to this action, Wayne Armstrong, (“Defendant”), was and still is a resident of the County of Tompkins, having a primary place of residence at 298 Bone Plain Road, Freeville, County of Tompkins, and State of New York, 13068. 3 Upon information and belief, the collateral described below is located at Defendant’s residence at at 298 Bone Plain Road, Freeville, County of Tompkins, and State of New York, 13068. 4 Venue is proper in the Supreme Court, Tompkins County based upon the location of the collateral and the residential address of the Defendant. {G1764701.1} INDEX NO. EF2024-0176 FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 BACKGROUND 5 On May 5, 2023, Defendant executed a Loan and Security Agreements and Disclosure Statement (“Loan Agreement”) acknowledging an indebtedness to Plaintiff in the amount of $20,095.00, at 15.490% interest per annum, which principal sum with interest thereon, Defendant agreed to pay Plaintiff fifty-nine (59) monthly payments of $486.43, and one monthly payment in the amount of $485.91, commencing on June 19, 2023. A copy of the Loan Agreement is marked as Exhibit “A”, annexed hereto and made a part hereof. 6 Upon information and belief, Defendant received a copy of the Loan Agreement and, by executing the Loan Agreement, agreed to be bound by the terms of the Security Agreement provision contained therein 7 Per the terms of the Loan Agreement, Defendant granted to Plaintiff a first priority security interest in a 2019 Toyota Tacoma bearing Vehicle Identification No. STFSZSANSKX173660 (“Collateral”). 8 Defendant defaulted under the terms, conditions, and provisions of the Loan Agreement by failing to remit the installment of principal and interest due on July 19, 2023, and by failing to make all subsequent payments, all of which sums stated to be in default remain unpaid. A copy of the Loan Agreement transaction summary is marked as Exhibit “B” and annexed hereto. AS AND FOR A FIRST CAUSE OF ACTION FOR REPLEVIN OF PERSONAL PROPERTY COLLATERAL 9 Plaintiff repeats and re-alleges paragraphs 1 through 8 above as if fully set forth herein. 10. Defendant has possession of the Collateral subject to the security interest of Plaintiff pursuant to the terms, conditions and provisions of the Loan Agreement. {G1764701.1} INDEX NO. EF2024-0176 FILED: TOMPKINS COUNTY CLERK 03/11/2024 03:10 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 11. Based upon the above-stated default, Plaintiff is entitled to immediate possession of the Collateral. 12. Upon information and belief, the total approximate value of the Collateral is $20,750.00. 13. Despite attempts, Plaintiff has been unable to seize the Collateral due to the threatening behavior of the Defendant. 14. Accordingly, Plaintiff is entitled to immediate possession of the Collateral. The Collateral is being wrongfully held by the Defendant and Plaintiff is entitled to, and requests, judgment awarding it possession of the collateral. AS AND FOR A SECOND CAUSE OF ACTION MONEY JUDGMENT - LOAN 15. Plaintiff repeats and re-alleges paragraphs 1-14 above as if set forth fully herein. 16. Pursuant to the terms of the Loan Agreement, Defendant is liable for the full outstanding debt due thereunder. Plaintiff is thus entitled to and requests a judgment with respect to any amount due and owing under the Loan Agreement, less any net sale proceeds realized in the event the Collateral is seized and sold. 17. Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if set forth fully herein. AS AND FOR A THIRD CAUSE OF ACTION ATTORNEYS’ FEES AND COSTS 18. Plaintiff repeats and re-alleges paragraphs 1-17 above as if set forth fully herein. 19. Pursuant to the terms of the Loan and Security Agreement, Defendant, if in default, agreed to pay collection costs, including reasonable attorneys’ fees and costs with respect to the prosecution of this collection action, and specifically as set forth on Page 2 of the Loan {(G1764701.1} INDEX NO. EF2024-0176 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 Agreement: “Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees.” 20. Accordingly, Plaintiff is entitled to and requests an award of reasonable attorneys’ fees and costs in connection with this action. WHEREFORE, Plaintiff, AmeriCU Credit Union, respectfully prays for an Order of this Court: (a) Authorizing and directing the Sheriff of Tompkins County; and/or any County where the Collateral described herein is found, to seize the Collateral; and if the Collateral is not delivered to the Sheriff, directing the Sheriff to enter and search for the Collateral in the place where it may be found; (b) Authorizing and directing the Sheriff of Tompkins County, and/or any County where the Collateral described herein is found, to deliver the Collateral to Plaintiff in accordance with the requirements set forth in CPLR §7102(f); (c) Granting Plaintiff a judgment against Defendant, Wayne Armstrong, for any amount due and owing under the Loan and Security Agreement after application of the net sale proceeds, if any; (d) Permitting Plaintiff to recover its reasonable attorneys’ fees and costs; and ©) Granting such other and further relief as to the Court deems just and proper. DATED: March 11, 2024 GETNICK LIVINGSTON ATKINSON & PRIORE, P CM Jeffe ry fe ttermoser, Jr., Esq. Attorne; for Plaintiff AmeriCU Credit Union 258 Genesee Street Utica, New York 13502 (315) 797-9261 Pursuant to the Fair Debt Collection Practice Act, this document is an attempt to collect a debt and any information obtained will be used for that purpose. {G1764701.1} INDEX NO. EF2024-0176 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 VERIFICATION STATE OF NEW YORK ) SS: COUNTY OF ONEIDA ) BRIAN WILLIAMS, being duly sworn, deposes and says that deponent is a Loss Mitigation Specialist Il of AmeriCU Credit Union, the plaintiff in the within action; that deponent has read the foregoing Complaint and knows the contents thereof; that the same is true to deponent’s own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true, This verification is made by deponent because AmeriCU Credit Union is a federal credit union. The grounds of deponent’s belief as to all matters not stated upon deponent’s knowledge are as follows: Books and records of AmeriCU Credit Union. AMERICU CREDIT UNION By: BRIAN WILLIAMS pf Loss Mitigation Specialist IT Sworn to before this ye day of March, 2024. _ A) —_—— nDresar TARY F “VE OF NEW YORK Notary Public ion Num Q1VAG34 x ‘a County ‘Qualified in On spt. 26, 200, vnrnssion EXpUES fin Mi VanDresat YORK NOTARY eS STATE OF # O1VE ‘Qualified in Oneida 26, 20. {(G1764701.1) = OMPK OUN NK DM INDEX NO. EF2024-0176 NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 EXHIBIT A {G1440363.1} =: INDEX NO. EF2024-0176 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 /fferi CREDIT UNION 1916 Black River Blvd. Rome, NY 13440 (315) 356-3000 Loan and Security Agreements and Disclosure Statement (C] Covered Borrower Under Military Lending Act FIXED RATE LD STEP RATE LOAN DATE ACCOUNT NUMBER: LOAN NUMBER. MATURITY DATE [J] VARIABLE RATE 5/5/2023 900 1625976 0001625976 5/19/2028 wi = ae ORRO! RA WNaine & Addis) eS ce Ve BORROWER? nes WAYNE ARMSTRONG 298 BONE PLAIN RD FREEVILLE, NY 13068 ce — TRL =~ GD E SOLO: ZACem ies ans ee ANNUAL PERCENTAGE RATE The costof Your credit as a yearly rate. FINANCE GHARG The dollar amount the credit Am jount Fin anced c tal Payments Total Sale Price ‘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 penalty. Required Deposit: The Annual Percentage Number of Amount of Payment When Payments Rate does not take into account Your Payments Payments Frequency Are Due required deposit, if any. $486.43 MONTHLY beginning 6/19/2023 Demand: J This obligation has a demand feature. 1 $485.91 5/19/2028 Oo All disclosures are based on an assumed 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 . This 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 TOYOTA TACOMA 2019 STFSZSANSKX173660 EXTENDED g $°2.675.00 $ 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 date. 1 ‘© CUNA Mutual Group 1999, 2000, 01, 02,02, 03,03, 4,04, 06, 08, 2016, 18 ‘All Rights Rosorved Page 1 of 4 (03105847-NZXO1-C-1-092222 (NZX012-E) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 [Credit ur AmeriCU Credit Union Acct No. 0001625976 Loe Ne 0001 625976 OF THE AMOUNT FINA CED (e7 meat on unt int Given to You Directly ‘Amount Paid on Your Account Prepaid Finan Charge $20,095.00 $20,000.00 0. $0.00 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 To Feder: law rovides Al ao lant protections to m LENDING’ ers of the ost ES Armei d "Force s and their ae d lependents relating to extensions of =n ue 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 application fee charged (other than cert fee charged (other than certain a remiums;, fees for ancillary products sold in connection with the credit transaction; any in application fees for specified credit transactions or accounts); and any participation 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 (though a Covered Borrower at the time he or she became obligated on this transaction) no Inger is =ora pendent of a co aesee ee member as defined by the Military Le =a! ct. = as EME a Se = In thi oal reement ‘Agreeme ferences to "Credi ion’, "We", "Ou in the Credit Union whose name appears above and anyone to whom t bec redit 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. 1. 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 by /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. 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 yto ‘ouments, a prepay a change any in part of what You owe, You are still required to make f higher payments, or if the final payment will be a balloon vayment. You may prepay any amount without penalty. If e regularly scheduled payments, unless We have agreed @ 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 5omise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will e 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. Proper securing other loans You have with Us also secures this loan, unless the property 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. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 [Credit Union AmeriCU Credit Union Acct No. 0001625976 Loan No. 0001625976 satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent permitted by law. For all borrowers: You pledge 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 statutory 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 Truth 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 Agreement if You do not make a payment of the amount required on or before the date it is due. You will be in default if You break any promise You made in connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to P vay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. Ol u 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, including any instance where a UCC filing or other public record of the security interest is removed at Your request. At that time, the APR will increase to 17.99%. Your rate will be reduced to the rate stated 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 h under this Agreement. If We demand immediate payment, You will continue to ay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against wi at You owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment. 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 payment, You promise to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, You will not be charged one. 10. DELAY IN ENFORCING RIGHTS - We can delay enforcing any f of Our rights under this Ay reement any number of times without losing 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 A LEGAL 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 winiten Agreement may not be contradi licted by evidence of any oral agreement. [ SIGNATURES By signing, or otherwise authenticating, as Borrower, You agree to the terms of the Loan Agreement. 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 = [Borower 1 Signature Date Borrower 2 Signature Date 05/06/2023 x Yypebates — __(Seal) ax (Seal) WAYNE ARMSTRONG _ ‘Signature Date Signature Date | xX Seal) IX (Seal) _ _ {_) Owner of Property {_] Witness [_] Owner of Property (J Witness — (J other: {_] Other: {| Cosigner: (J Cosigner: Page 3 of 4 (03 105847-NZXO1-C-4-092222 (NZX012-E) INDEX NO. EF2024-0176 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/11/2024 12024-04745 Index # EF2024-0176 Security Agreement [Credit union AmeriCU Credit Union Acct No 0001625976 Loan No 0001625976 5 a TEIBORROWER 1 (Name & Address) BORROWER2 itiame & Address) WAT E ARM ISTRONG 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 STFSZ5ANSKX173660 $ $32,675.00 $ $ $ $ Other (Describe) pled je of Shares $ in Account No. $ in Account No. TE E ce ue = SECURITY. AGREEMENT ET a c In this Security name appears on na this documet t and reement ("A reement") all references to "Credit Union", "We", ‘Our" o1 "Us" mean the Credit Union whose 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. 4. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are ings which are attached to or installed 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 Tefinancings 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