Preview
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
CI2024-07032 Index # : EF2024-0260
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
CI2024-07032 Index #: EF2024-0260
SERVU FEDERAL CREDIT UNION
9823 Science Center Drive
SER Painted Post, NY 14870
(607)836-2203 Loan and Security Agreements
CREDIT UNION
and Disclosure Statement
Cl Covered Borrower Under Military Lending Act
LOAN DATE CCOUNT NUMBER L BER MATURITY DATE
12-20-2021 ahem: 149 _ 2-28-2025
362 POOLE CIR
NEWFIELD, NY 14867
UTHINLENDINGDISCLOSURE sans an estimate
ANNUAL PERCENTAGE RATE FINANCE CHARGE AmountFinanced Total of Payments Total Sale Price
The cost of Your credit as a yearly rate. The doliar amount the credit The amountofcredit The amount Youwill have The total cost of Your purchase oncredit is
will cost You. provided to You or on paid after You have made
Your behalf. all payments as scheduled. which includes Your downpaymentof
3.040 % ¢ 3743.52 e g 31724.60 e ¢ 35468.12 e $ ;
Your Payment Schedule Will Be: Prepayment: If You pay off early You will not have to
Number of Payments Amount of Payments When Payments Are Due [Pay a penalty.
$ Required Deposit: The Annual Percentage Rate does
83 422.24 3-31-2022 not take into account Your required deposit,if any.
Demand: [_] This obligation has a demandfeature.
1 $ 422.20 e 2-28-2029 [_]All disclosures are based on an assumed
maturity of one year.
Property Insurance: You may obtain property insurance from anyone You want
that is acceptable to the Credit Union. If You get the insurance from the Credit Filing Fees Non-Filing Insurance
Union Youwill pay $ — _ _ . _ $ $
Late Charge:
If your payment is more than 15 days delinquent, a late charge of $15.00 will be assessed.
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 andinterest in the Credit Union; and the Property described below:
Collateral Property/Model/Make Year 1.D. Number Type Value Key Number
CHEVROLET SILVERADO 2015 Qin VE g 0-00
$
$
Other (Describe)
Pledge of Shares $ in Account No. $ in Account No.
See Your contract documents for any additional information about nonpayment, default, and any required repaymentin full before
the scheduled date.
It mizat nt icedof. ‘Amount Given toYouDirectly aidon our Account Prepaid Finance Charge
$ 31724.60 $0.00 $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.)
$ * 175.00 To CUNA MUTUAL GROUP $ To
$ 31549.60 To SNELL AUTO SALES $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
th NY
@CUNA Mulual Group 1899,2000, 01, 02, 05, 08, 08, 2016, 18
All Rights Reserved Page 1 of 5 NZX021-E
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
CI2024-07032
Credit Union “@rvU Federal”Credit’ Union
an Index #: EF2024-0260
RE :
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumercredit. 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; any
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).
A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomesobligated 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
longer is a covered member or a dependent of a covered memberas defined by the Military Lending Act.
JAN AGREEMENT.
In this Loan Agreement("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name
appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean
each person whosigns, or otherwise authenticates, this Agreement as a borrower.
1. PROMISE TO PAY- You promise to pay $ 31724.60to the Credit Union plus interest on the unpaid balance until what You
owe has beenrepaid. For fixed rate loans, the interest rate is 3.040 % per year.
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 atthe time shownin the Truth in Lending Disclosure. You
-May prepay any. amount without penalty. If You prepay any part of what You owe, You arestill required to make the regularly
scheduled payments, unless We have agreed to a changein the payment schedule. Becausethis is a simple interest loan, if You
do not make payments exactly as scheduled, Your final payment may be moreor less than the amountofthe final paymentthat
is disclosed. If You elect voluntary paymentprotection, Wewill either include the premium or program fee(s) in Your paymentsor
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 promise to make all payments to the place We choose. If this loan refinances another
loan You have with Us, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by
law, payments will be applied to amounts owedin the manner We chogse.
3. LOAN PROCEEDS BYMAIL - If the proceeds ofthis 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 property is a dwelling or otherwise
prohibited by federal and/orstate law. In addition to Your pledge of shares, We may also have whatis known as statutory lien
onall individual and joint accounts You have with Us. A statutory lien means We havetheright 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 statutory lien
against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to
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 andinterestin all joint and individual accounts You have with the Credit Union now andin the
future. The statutory lien and/or Your pledgewill 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 numberarelisted in the "Security" section of the Truth in Lending Disclosure,
You may not withdraw the amountthat has been specifically pledged to secure this loan until the Credit Union agreesto 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 accountthat would lose special tax treatment under state or federal law if given as security.
5. DEFAULT- Youwill be in default under this Agreementif You do not make a paymentof the amount required on or before the
date it is due. You will be in default if You break any promise You madein connection with this loan orif anyoneis 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 pay Your bills and loans as they become due), or if You made any false or misleading
statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your
ability to repay what You owe under this Agreementor if You are in default under any other loan agreement You have with Us.
6. ACTIONS AFTER DEFAULT- WhenYouare in default, We may demand immediate paymentof the entire unpaid balance
under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this
Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits
Page 2 of § NZx021-E
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
CI2024-07032
[Credit Union ServU Federal Credit Union Acct No. memes) LoanIndex #: EF2024-0260
No. ae
given as security under this Agreement. We mayalso exercise any other rights given by law when Youarein 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 paymentand notice of demand for immediate payment.
7. EACH PERSON RESPONSIBLE- Each person whosigns, or otherwise authenticates, this Agreementwill be individually and
jointly responsible for paying the entire amount owed underthis Agreement. This means We can enforce Our rights against any
one of Youindividually or againstall of You together.
8. LATE CHARGE - If You are late in making a payment, You promise to pay the late charge shownin the Truth in Lending
Disclosure. If no late charge is shown, You will not be charged one.
9. DELAY IN ENFORCING RIGHTS - Wecan delay enforcing any of Our rights under this Agreement any number of times
without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives.
10. CONTINUED EFFECTIVENESS- If any part of this Agreement is determined by a court to be unenforceable, the rest will
remain in effect.
11. 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 toall.
12, 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.
13. 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.
14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT
YOU ARE EQUALLY LIABLE FOR REPAYMENTOFTHIS LOAN. IF THE BORROWERDOESNOTPAY, THE LENDER HAS
A LEGAL RIGHT TO COLLECT FROM YOU.
15. NOTICE TO UTAH BORROWERS: This written Agreementis the final expression of the Agreement between You and the
Credit Union. This written Agreement may not be contradicted by evidenceof any oral agreement.
16. OTHER PROVISIONS - Amendmentto Section2 Payments If you prepay your loan it will advance your due date.
You are not required to make a paymentuntil your loan payment due date.
SECURITY AGREEMEN)
In this Security Agreement ("Agreement") 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" meanthe loan described in the Loan Agreementthatis part of this document. All references to "You" or "Your" mean any
person who signs, or otherwise authenticates, this Agreement.
1. THE SECURITY FOR THE LOAN- You give Us whatis known as a security interest in the Property described in the "Security"
section of the Truth in Lending Disclosurethat is part of this document("the Property"). The security interest You give includesall
accessions. Accessions are things which are attached toorinstalled in the Property now orin 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 Youreceive 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 securityif 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. Unless prohibited by applicable law, the security interest also
secures any otherloans, including any credit card loan, You have noworreceive 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
Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the
Property will secure only 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
promise You will use the Loan proceedsfor that purpose. You promise that no one else has anyinterest in or claim against the
Property that You havenotalready told Us about. You promisenotto sell or lease the Property or to useit as security for a loan
with anothercreditor until the Loan is repaid. You promise You will allow no other security interestorlien to attach to the Property
either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST- If Your state issuesa title for the Property, You promise to have Our security
interest shown onthetitle. We may haveto file what is called a financing statement to protect Our security interest from the
claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing,
continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You
Page 3 of 5 N2x021-E
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
CI2024-07032
[Credit Union ServU Federal Credit Union Acct No, —_—_aaas Index #: EF2024-0260
Loan No, o—_ie |
promise to do whatever else Wethink is necessary to protect Our security interest in the Property. You also promiseto payall
costs, including but not limited to any attorney fees, Weincur in protecting Our security interest and rights in the Property, to the
extent permitted by applicable law.
5. USE OF PROPERTY- Until the Loan has been paid off, You promise Youwill: (1) Use the Property carefully and keep it in
good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the
Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify
Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Notretitle the Property in
another state withouttelling 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 mayprovide the property insurance through a policy You already have, or through a policy You get and
pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverageto Us if asked to
do so.
if You cancel Your insurance and get a refund, We havea right to the refund. If the Property is lost or damaged, We can use the
insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check
which may be payable to You in order for Us to collect any refund or benefits due under Your insurancepolicy.
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
required to do so. Any money Wespendfor taxes, fees or insurance will be added to the unpaid balance of the Loan and Youwill
pay interest on those amounts at the same rate You agreed to pay on the Loan. We mayreceive 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 engage others to do so. The
insurance charge added to the Loan mayinclude (1) the insurance company's payments to Us and (2) the cost of determining
compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan,
We mayincrease 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 Property. The premium for this insurance may be higher because the insurance
company may have given Us the right to purchase insuranceafter uninsured collateral is lost or damaged. The insurancewill
not beliability 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 makeorfail to perform any obligation You have underthis
-Agreement. You will also be in default under this Agreementif the Loanis in default. You-will be in default if any Property You
have given Us as security is repossessed by someoneelse, seized under a forfeiture or similar law,or if anything else happens
that significantly affects the value of the Property or Our security interestin it. .
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When Youare in default, We may demand immediate payment of the
outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit
Union hasthe right to take possession of the Property withoutjudicial processif this can be done without breach of the peace. If
Weask, You promiseto deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree
that We mayobtain a key or other device necessary to unlock and operateit, 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 makeit available for You to claim.
After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. Wewill give You
notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of
andselling the Property will be deducted from the moneyreceived 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 payinterest on that amount at the same
rate as the Loan until that amount has been paid.
10. DELAY IN ENFORCING RIGHTS AND CHANGESIN THE LOAN- Wecan delay enforcing any of Our rights under this
Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against
Your heirs or legal representatives. If We change the termsof the Loan, You agreethat this Agreementwill 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 OWNERSOF PROPERTY- It is unlawful for You tofail 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 notify 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.
Page 4 of 5 NzZx021-E
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024
| Credit Union
CI2024-07032 "&rvU Federal Credit Union Acct Naa | LoanIndex
NoGa #: EF2024-0260
L] The following notice applies ONLY whenthe boxat 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 AMOUNTSPAID BY THE DEBTOR HEREUNDER.
14. OTHER PROVISIONS-
- SIGNATURES ee Se :
By signing, or otherwise authenticating, as Borrower, You agree to the terms o Loan Agreement.If rty scri n
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 onlyto the terms of the Security Agreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENTBEFOREYOUSIGN IT
Borrower 1 Signature Date Borrower 2 Signature Date
X Z LAL-. Dec 24, “Tl 4
Brandon Ellenson (Dec 24, 2021 10:46 EST) (Seal) | (Seal)
Signature Date Signature Date
X (Seal} X (Seal)
Borrower 3: , , |_| Borrower4:
Owner of Property Witness | Ownerof Property Oo Witness
Page 5 of 5 NZxX021£
Preview
FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 CI2024-07032 Index # : EF2024-0260 FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 CI2024-07032 Index #: EF2024-0260 SERVU FEDERAL CREDIT UNION 9823 Science Center Drive SER Painted Post, NY 14870 (607)836-2203 Loan and Security Agreements CREDIT UNION and Disclosure Statement Cl Covered Borrower Under Military Lending Act LOAN DATE CCOUNT NUMBER L BER MATURITY DATE 12-20-2021 ahem: 149 _ 2-28-2025 362 POOLE CIR NEWFIELD, NY 14867 UTHINLENDINGDISCLOSURE sans an estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE AmountFinanced Total of Payments Total Sale Price The cost of Your credit as a yearly rate. The doliar amount the credit The amountofcredit The amount Youwill have The total cost of Your purchase oncredit is will cost You. provided to You or on paid after You have made Your behalf. all payments as scheduled. which includes Your downpaymentof 3.040 % ¢ 3743.52 e g 31724.60 e ¢ 35468.12 e $ ; Your Payment Schedule Will Be: Prepayment: If You pay off early You will not have to Number of Payments Amount of Payments When Payments Are Due [Pay a penalty. $ Required Deposit: The Annual Percentage Rate does 83 422.24 3-31-2022 not take into account Your required deposit,if any. Demand: [_] This obligation has a demandfeature. 1 $ 422.20 e 2-28-2029 [_]All disclosures are based on an assumed maturity of one year. Property Insurance: You may obtain property insurance from anyone You want that is acceptable to the Credit Union. If You get the insurance from the Credit Filing Fees Non-Filing Insurance Union Youwill pay $ — _ _ . _ $ $ Late Charge: If your payment is more than 15 days delinquent, a late charge of $15.00 will be assessed. 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 andinterest in the Credit Union; and the Property described below: Collateral Property/Model/Make Year 1.D. Number Type Value Key Number CHEVROLET SILVERADO 2015 Qin VE g 0-00 $ $ Other (Describe) Pledge of Shares $ in Account No. $ in Account No. See Your contract documents for any additional information about nonpayment, default, and any required repaymentin full before the scheduled date. It mizat nt icedof. ‘Amount Given toYouDirectly aidon our Account Prepaid Finance Charge $ 31724.60 $0.00 $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.) $ * 175.00 To CUNA MUTUAL GROUP $ To $ 31549.60 To SNELL AUTO SALES $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To th NY @CUNA Mulual Group 1899,2000, 01, 02, 05, 08, 08, 2016, 18 All Rights Reserved Page 1 of 5 NZX021-E FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 CI2024-07032 Credit Union “@rvU Federal”Credit’ Union an Index #: EF2024-0260 RE : Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumercredit. 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; any 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). A "Covered Borrower" for purposes of this loan means a consumer who, at the time the consumer becomesobligated 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 longer is a covered member or a dependent of a covered memberas defined by the Military Lending Act. JAN AGREEMENT. In this Loan Agreement("Agreement") all references to "Credit Union", "We", "Our" or "Us" mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "You" or "Your" mean each person whosigns, or otherwise authenticates, this Agreement as a borrower. 1. PROMISE TO PAY- You promise to pay $ 31724.60to the Credit Union plus interest on the unpaid balance until what You owe has beenrepaid. For fixed rate loans, the interest rate is 3.040 % per year. 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 atthe time shownin the Truth in Lending Disclosure. You -May prepay any. amount without penalty. If You prepay any part of what You owe, You arestill required to make the regularly scheduled payments, unless We have agreed to a changein the payment schedule. Becausethis is a simple interest loan, if You do not make payments exactly as scheduled, Your final payment may be moreor less than the amountofthe final paymentthat is disclosed. If You elect voluntary paymentprotection, Wewill either include the premium or program fee(s) in Your paymentsor 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 promise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owedin the manner We chogse. 3. LOAN PROCEEDS BYMAIL - If the proceeds ofthis 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 property is a dwelling or otherwise prohibited by federal and/orstate law. In addition to Your pledge of shares, We may also have whatis known as statutory lien onall individual and joint accounts You have with Us. A statutory lien means We havetheright 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 statutory lien against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to 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 andinterestin all joint and individual accounts You have with the Credit Union now andin the future. The statutory lien and/or Your pledgewill 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 numberarelisted in the "Security" section of the Truth in Lending Disclosure, You may not withdraw the amountthat has been specifically pledged to secure this loan until the Credit Union agreesto 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 accountthat would lose special tax treatment under state or federal law if given as security. 5. DEFAULT- Youwill be in default under this Agreementif You do not make a paymentof the amount required on or before the date it is due. You will be in default if You break any promise You madein connection with this loan orif anyoneis 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 pay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreementor if You are in default under any other loan agreement You have with Us. 6. ACTIONS AFTER DEFAULT- WhenYouare in default, We may demand immediate paymentof the entire unpaid balance under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits Page 2 of § NZx021-E FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 CI2024-07032 [Credit Union ServU Federal Credit Union Acct No. memes) LoanIndex #: EF2024-0260 No. ae given as security under this Agreement. We mayalso exercise any other rights given by law when Youarein 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 paymentand notice of demand for immediate payment. 7. EACH PERSON RESPONSIBLE- Each person whosigns, or otherwise authenticates, this Agreementwill be individually and jointly responsible for paying the entire amount owed underthis Agreement. This means We can enforce Our rights against any one of Youindividually or againstall of You together. 8. LATE CHARGE - If You are late in making a payment, You promise to pay the late charge shownin the Truth in Lending Disclosure. If no late charge is shown, You will not be charged one. 9. DELAY IN ENFORCING RIGHTS - Wecan delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS- If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. 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 toall. 12, 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. 13. 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. 14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENTOFTHIS LOAN. IF THE BORROWERDOESNOTPAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 15. NOTICE TO UTAH BORROWERS: This written Agreementis the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidenceof any oral agreement. 16. OTHER PROVISIONS - Amendmentto Section2 Payments If you prepay your loan it will advance your due date. You are not required to make a paymentuntil your loan payment due date. SECURITY AGREEMEN) In this Security Agreement ("Agreement") 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" meanthe loan described in the Loan Agreementthatis part of this document. All references to "You" or "Your" mean any person who signs, or otherwise authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN- You give Us whatis known as a security interest in the Property described in the "Security" section of the Truth in Lending Disclosurethat is part of this document("the Property"). The security interest You give includesall accessions. Accessions are things which are attached toorinstalled in the Property now orin 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 Youreceive 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 securityif 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. Unless prohibited by applicable law, the security interest also secures any otherloans, including any credit card loan, You have noworreceive 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 Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your principal dwelling, the Property will secure only 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 promise You will use the Loan proceedsfor that purpose. You promise that no one else has anyinterest in or claim against the Property that You havenotalready told Us about. You promisenotto sell or lease the Property or to useit as security for a loan with anothercreditor until the Loan is repaid. You promise You will allow no other security interestorlien to attach to the Property either by Your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST- If Your state issuesa title for the Property, You promise to have Our security interest shown onthetitle. We may haveto file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to Us. You Page 3 of 5 N2x021-E FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 CI2024-07032 [Credit Union ServU Federal Credit Union Acct No, —_—_aaas Index #: EF2024-0260 Loan No, o—_ie | promise to do whatever else Wethink is necessary to protect Our security interest in the Property. You also promiseto payall costs, including but not limited to any attorney fees, Weincur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY- Until the Loan has been paid off, You promise Youwill: (1) Use the Property carefully and keep it in good repair. (2) Obtain Our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform Us in writing before changing Your address. (4) Allow Us to inspect the Property. (5) Promptly notify Us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Notretitle the Property in another state withouttelling 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 mayprovide the property insurance through a policy You already have, or through a policy You get and pay for. You promise to make the insurance policy payable to Us and to deliver the policy or proof of coverageto Us if asked to do so. if You cancel Your insurance and get a refund, We havea right to the refund. If the Property is lost or damaged, We can use the insurance settlement to repair the Property or apply it towards what You owe. You authorize Us to endorse any draft or check which may be payable to You in order for Us to collect any refund or benefits due under Your insurancepolicy. 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 required to do so. Any money Wespendfor taxes, fees or insurance will be added to the unpaid balance of the Loan and Youwill pay interest on those amounts at the same rate You agreed to pay on the Loan. We mayreceive 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 engage others to do so. The insurance charge added to the Loan mayinclude (1) the insurance company's payments to Us and (2) the cost of determining compliance with the insurance requirements. If We add amounts for taxes, fees or insurance to the unpaid balance of the Loan, We mayincrease 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 Property. The premium for this insurance may be higher because the insurance company may have given Us the right to purchase insuranceafter uninsured collateral is lost or damaged. The insurancewill not beliability 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 makeorfail to perform any obligation You have underthis -Agreement. You will also be in default under this Agreementif the Loanis in default. You-will be in default if any Property You have given Us as security is repossessed by someoneelse, seized under a forfeiture or similar law,or if anything else happens that significantly affects the value of the Property or Our security interestin it. . 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When Youare in default, We may demand immediate payment of the outstanding balance of the Loan without giving You advance notice and take possession of the Property. You agree the Credit Union hasthe right to take possession of the Property withoutjudicial processif this can be done without breach of the peace. If Weask, You promiseto deliver the Property at a time and place We choose. If the Property is a motor vehicle or boat, You agree that We mayobtain a key or other device necessary to unlock and operateit, 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 makeit available for You to claim. After We have possession of the Property, We can sell it and apply the money to any amounts You owe Us. Wewill give You notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of andselling the Property will be deducted from the moneyreceived 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 payinterest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGESIN THE LOAN- Wecan delay enforcing any of Our rights under this Agreement any number of times without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. If We change the termsof the Loan, You agreethat this Agreementwill 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 OWNERSOF PROPERTY- It is unlawful for You tofail 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 notify 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. Page 4 of 5 NzZx021-E FILED: TOMPKINS COUNTY CLERK 04/10/2024 09:17 AM INDEX NO. EF2024-0260 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/10/2024 | Credit Union CI2024-07032 "&rvU Federal Credit Union Acct Naa | LoanIndex NoGa #: EF2024-0260 L] The following notice applies ONLY whenthe boxat 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 AMOUNTSPAID BY THE DEBTOR HEREUNDER. 14. OTHER PROVISIONS- - SIGNATURES ee Se : By signing, or otherwise authenticating, as Borrower, You agree to the terms o Loan Agreement.If rty scri n 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 onlyto the terms of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENTBEFOREYOUSIGN IT Borrower 1 Signature Date Borrower 2 Signature Date X Z LAL-. Dec 24, “Tl 4 Brandon Ellenson (Dec 24, 2021 10:46 EST) (Seal) | (Seal) Signature Date Signature Date X (Seal} X (Seal) Borrower 3: , , |_| Borrower4: Owner of Property Witness | Ownerof Property Oo Witness Page 5 of 5 NZxX021£