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  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
  • Jpmorgan Chase Bank, National Association, v. Shane Lynch A/K/A SHANE R. LYNCH, Sherri Lynch A/K/A SHERRI L. LYNCH, John Doe #1 Through John Doe #12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 JPMorgan Chase Bank, NA ' HOMEEQUITYLINE OFCREDITAGREEMENT DISCLOSURESTATEMENT This is the Agreement (the "Agreemerit") governing your HomeEquity Line of Credit ("Credit Account") witIt JPMorganChase Bank, ICA. . Read this Agreement carefully so that you knowhow your Credit Account works. "we," "us," As you read this Agreementremember that the terms and 'our" refer toJPMorgan Chase Elank, N.A. "You,"your," "yours" refer to each person and to any other creditor to whomthis Agreemerit is assigned. and 'Mertgage" deed of trust or deepl to who signs this Agreemerit or has authørity to use ita means the Inortgage secure debt you are giving us on your hóuse or condominiunt Your ac 0unt, any amount ydu owe, and Aur Mortgage on your homemay be sold or transferred to another creditor at anytime. if this happens, this Agreement and the Mortgage will remain in effect. t WHATIS YOURHOMEEQUlty LINE OFCREDir? It is aarrangement in which we make loans to you by advancing funds ("Advances") from your Credit aredit Account at your directioncallowing you to repay such Advances and take additionahAdvances. You promise and agree to pepay these Advances, any nterest which accrues on them, and an other charges for which you are responsible under the turmfof this Agreemerit. 2. USIN@YOURCREDITACCOUNT/MINIMUM INITIAL ADVANCE. You may request Advances from your Credit Account by writing a HomeE!ulty Line of Credit Check ("Drew Check"). You may also obtain advances at the closing by completing a loan request form or other form of authorization that we may require. If available in your state, you mayalso obtain Advances using the credit card access device to ypur Credit Account ("Credit Card") and tty using your Credit Öard as an $ le card gecess device to your Gredit Ascount ("ATM Card"). You mayaWorequest Advancøs at.any of our authorized locatforis. You may take Advances for 4 15eriod of 120 Monthly Statement Periods after the dat yduf Credit Adcount is opened FAdvance Period"). After such Advance Period, .unless extended, you may not lake further .advances. Your principal balance will then be fixed and you will be required to repay It and any Interest and other charges which accrue over the next1240 Monthly StatementPeriods ("Repayment Period'). If your Credit Limit, as described in Section 5 of this Agreeinent, is between $500,001 and $750,000 and you are not being asked to pay any Closing Costs as described in Section 12 of this Agreement, then you must take a minimum initial Advance on your Credit Account in an amount equal to or greater than $100,000. If your Credit Limit is between 4750,001 and $¾000,000 and you are not being asked to pay any Closing Costs as described in Section 12 of ti-9s Agreement, then you must take a minimum initial Advance on your tredit Account In pn amount equad to or greater than $200,000. Monthly staterpent Period is defined as successive Intervals of approximately one month beginning A on the date your Credit Account is Aperged and recurring regularly until your Credit Account is finally closed. Monthly Statement Periods occur regardless 6f whether there is a balance or any activity in your Credit Account or whether •e have sent you a statement for the period. Your first Monthly Statement Period rnay be shorter than a month depending on when your Credit Account is opened. 3. ACCESSDEVICELIMITATIONSANDRESTRICTIONS. a) Lost or Stolen Access Device. You agree to notify us promptly if any of your Draw Checks, Credit Gard ATMCard is lost or stolen. The quickest way to notify us is to call us at (800)-836-5656 You also agree to cooperate with us or any law enforcement agency in any effort to investigate the circumstances surrounding the incident and to niinimize potential losses to you or us stemmingfrom the unauthorized use of your Draw Checks, Credit Card or^ATMCard. You agree to keep your Draw Checks, Credit Card and ATMCard safe from loss, theft and unauthorized use. b) Draw Checks. You may present Draw Checks to other parties in payment of goods and services. You maywrite a Draw Check in the exact amount you desire as long as It is in a minimum amount of $250, We may refuse to honor requests for advances below the minimum amount. Whenyou use the Draw Checks, you agree to waive any right you may have to notice of dishonor, presentment, provisional or final settlement within a given time or any other related right. We may dishonor any Draw Check presented to us if you are in default under this Agreement. Credit Card. You mayrequest Advances by using your Credit Card for cash transactions.and in payment of c) goods and services. The maximum amount that you may request in any transaction (each day) is the lesser of an amount that would cause you to exceed the amount of your Credit Limit or $99,999.99. There may be occasions when this amount is further limited, authentication of your identity is required, or we maydecline the transaction for security purposes. You agree that you will not request Advances for any transaction that involves Intemet gambling. Wereserve the right to refuse a transaction that we reasonably believe involves Internet gambling. We may dishorior any Credit Card transaction if you are in default under this Agreement. d) ATMCard. Requests for Advances using your ATMCard are subject to the pmitations and fees of the owner of the ATM.Wemay dishonor any ATMtransaction if you are in default under this Agreement. e) Requests in Person. You mayalso request advances at any.of our authorized locations or at the closing by completing a loan request form or other form of authorization that wemayrequire. If you take Advances.at closing by signing a loan request of other form of suthorization, wewill disburse the amount to you promptly but no earlier than the end of any spplicable period during which you could exercise a right to rescind. NYCAV=S (Rev. DJ22/06) Page1ofD NewYo*CreditAggeem nt FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 4. LIABILItY USEOFYOURCREDiTCARD. FORUNAUTHORiZED You maybe IIäble.for the unauthorized usé.of your Credit Card that accesses four Credit Account. You will Iot be liable for unauthorized use that occurs after you notify us by telephone st (800)-836-5656, or in writing at JPMorgan Chase Bank, N.A. ,, P.O. Box 201008, Fort Worth, Texas 761042008, of the loss, theft, br possible unauthorized use. Regardless, your liabilityfor unauthorized use of ýour Credit Card will not exceed 50.00. If you use a Credit dard or 6TNl 0ard that deducts funds frorn a checking account or another consumer deposit account, but that you have elso established to borrow from this Credit.Account, Electronic Fund Transfer Act arid IRegulation ˆ prôyisl00s ap.ply, as wéll Regulation Z p evisions adopted under the Truth-In-Lending Act. If socyou might be liable for up to $50.00 under Regulation Z. Yoü mightelso be Ilable for a different orân Unllinited arnount under Regulation E, or a lesser arnourit if state law applies. Please read your Electronic Fund Transfer Act disclosure carefully. 5. CREDITLIMIT. Wehave assigned a Credit Limit of $ 60,000.00 on your Credit Account. You maynot request an Advance that would cause your unpaid balance to exceed your Credit Limit. We are not required to pay any item which would cause you to exceed the amount of your Credit Limit. If we do make the Advance, it does not mean your Credit Lirnit has been raised. Wemay require you to repay the amount over your Credit Limit at once. If you exceed your Credit Limit, you agree to pay a fee of $25 for each advance in excess of your Credit Limit. 6. PROlViiSE TO PAY. Tou promise in7S. Dollars all Advancescharged to your Credit Account plus finance charges aId to repay to us all otheramountsdue under this Agreement or the Mortgage To avoid helqg in default, you rnust pay us at feast Date" the Ininimum payment (described below) by the "Payment Due shown on each billing staternent we will send to you. In anw everit, you ptomise to pay the balance óf your Credit Account st the teridinstion of this Agreement. 7. MINIMUMPAYMENT. Each billing statement we se·d you will reflect a minimum monthly payment amount that you must pay. During the Advance Period or any extpnsion thereof, your minimum rnonthly payments will be the amount of finance charge accrued plus any fees and any arnpunts past due. After the Advance Period and during the Nepayment Period, your mininjum monthly payments will be (a) the unpaid principal balance slivided by the remaining number of scheduled payments, plus (b) the amount of finance charge accrued plus any fees and any amounts past due. If you have failed to pay real property taxes, assessments, ground rents (if any) or hazard Insurande when due, we mayrequire you to make monthly payments to us for all amounts necessary for taxes, assessiüents, gro°nd rents (if any), or hazard insurance on theProperty, as further descUibed in Section 11 of this Agreement and In the Mortgage or we maycharge such antounts to your predit Account as Advances. [ INTENTIONALLYLEFT BLANK] NYcÅVLs Page2oro FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 8. FINANCECHARGES. FINANCECHARGES begin to accrue on the day an Advanne is charged to your Credit Account and continue 11ntil the butstandins balance on tioch Advance paid Irrfull. FINANCE CHARGES on yôur Credit A6count Will be detërtiiined by applying a daily periodic rate to the daily belance (as described below) of your Credit Account, an amount that will Include current transactions. To ealculate the.dally balance, we take the beginning prinalpal balance of your Credit Account each day, add any new Advances, and subtract any paymentsor credits applied to this principal balancey This gives us the daily balance, We then apply the applicable daily periodic rate to each daily balance and add up the results of tNs daily Iriferest cornputation for each day fof the Monthly Staternerit Period.. This total is the periodic FINANCE CHARGE for tha Munthly Staterhent Perfod. The daily periodic rate and its corresponding ANNUAL PERCENTAGE RATEare variable rates based Rhtes" on changes In the Prime Rate. "Prime Rate" means the prime rate as published in the FMoney table in the Wall Street Journal on each publication date. The daily periodic rate and its corresponding ANNOAL ISERCENTAdE RATEmayincrease or decrease on the tirst calendar day following a change in the Prime Rate. Wewill use the highest Prirne Rate if Toore than one is published. The Prime Rate is merely a pricing index. It is not intended, ÿnd you should hot cønsider it, to represent the lowest or the best interest rate that w#, our effiliated orgahizetiona br any other financial liistitution charge to any borrowers. If the Pritne Rate bee©thes unavailable during the terni of this Agreement, we may designate a substitute inde5t upon ndtice to you. An increase in the ANNUAL PERCENTAGE RATEand the daily periodic rate will result in a higher FINANCE CHARGE ancl Ngher minimum payments, while a decrease in those rates will result in a lower FINANCE CHAltGE and lower ininimym payrnents, assunting the same principal balance and nurnber of days in the Monthly Staterrient Period. Prime Rate changes, the daily periodic rate will be increased or decreased on the lirst calendar If the day a change in the Prime Rate. If you have a special introductory following rate your ANNUAL PERCENTAGE RATEmay increase when the special introductory rate ends even If the PWimeRate does not . Except for any period in which a special introductory rate Is in effect, we will determine your daily periodic rate by adding J50 percentage points to the Prime Rate and dividing the result by 365 (366 in leap years) Werefer to this addition as the "Standard Rate Margin", On the day we preparedthis ddcument, the Prime Rate was 7.500%, and therefore th initial daily periodic rate Rate") and corresponding ANNUAL ("Initial PERCENTAGE RATEon yout Credit Account are estimated below. Your Iriitial Rate and corresponding ANNUAL PERCENTAGE RATEwill be based on the value of the Prime Rate in effect on your closing date. The estimated initial Rate is 202260%(corresponding ANNOALPERCIENTAGE RATE:g_51%). The PERCENTAGE ANNUAL RATEdoes hotinclude costs other than interest. At no time will your ANNUAL PERCENTAGERATE ever exceed 21%. Other than this cap there are no on the amount by which your ANNUAL limits PERCENTAGE RATEcan change over the life of your Credit PERCENTAGE Account or on any individual date on which your ANNUAL RATEchanges. NYCAVLs PageSot9 FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 9. FlXED RATECHANGEOPTION. You'may change the variable rate to a fixed rateas described below. a) Your ANNUAL PERCENTAGE RATEMayincrease. Your ANNUAL PERCENTAGE RATEmay increase if you change to alixed rate. e.nerat Rate Change Rules. You may change to a fixed rate with our written permission at any time b) during the Draw Period. You may phange the repayment schedule for the entire outstanding balance on the Credit Account or any portion of it, but wet less than $1,000.00, for a term up to the lesser of 30 years or the to 30 remaining driginally scheduled term of your Credit Account {a "Lock"). Therefore, you can take a Luck of up rears only If you obtain a lock on the date you opened this Credit Accodnt.You mayhave Optö five Locks 6pen st any (ime but you cannot increase the amount of a Lock once we.establish lt. Your Lock will not be subject to the Account" (Section Payment" (Section of this Agreement. "ysing Your Credit 2) and "Minimum 7) sections Instead when we pstablish each Lock, wewill calculate the required rnontlily payment to fully pay¾ff that Lock over the terrn of the Icook at tne fixed rate applicable to that Look. Therefore; your mirnmum payment that you oWeeach month $111be your 15áymentfor each Lock plus any amounts past due on each 1,.ock, plus the rrfinirnum payment amount fof your Credit Account ƒhich has not.beén iodked (the ¶rèdit Line")dalculsted as set forth in Payment" section (Section the "Minimum 7) of this Agreernent. The outstanding balance on each LockWill accraè Determination" and will pay-off in full Interest at a fixed rate as established in the "Rate section (Section 9(d)), over the period we establish for your Lock. c) Additional Principal Payments on Lock(s) Additipnal iprlocipal paymentsfor a Lock may be madeat any tirne but will not change your responsibility to pay foture lock payments as long as any amount is still owing on the Lock unless we agree otherwise In writing. Any principal payment madeon any Lock will be av 1lable on the redit Line for you to borrow against upon our posting of that payment. If your outstanding balance includes one or more Locks as well as a balance on your Credit Line, unless you properly designate otherwise on a payment coupon we provide you, then each additional payment we receive will be first applied to the Credit Line until paid in full. Also, unless you properly designate otherwise on a payment couppn we provide you if there is po Credit Line to which ro apply an additional principal payment, then the additional priricipal payment will be app0led to the Lock first opened untif paid in full. Additional principal payments for a Lock maybe made At eny time but winot affect your obligation to pay future Lock payments as long as arip amount is still owing on the Lock unless •e otherwise agree in writing. d) Rate Determination. Weoffer;Locks rates. Whenyou request a Lock, we will review the at competitive ratesand terms available for a comparable HomeEqúity 1,paq offered by us at the timp of ypur request based upon ti like loah to value ratio, Ioan term and your credit profile. We will offer you that.rate unless it woul be higher than the rate calculated in accordance with the formula below, :in which cass you would get the rate calculated In secordance with that formula. Our standard rates are gerierally significantlý lower than rates strived at through the following calculation: We will start with the "Lock Index," which is the yield on UA Treasury securities having a comparable pedod of maturity to the scheduled maturity of the requested Lock as of the 15th day .of the month immediately preceding the month in which you request your Lock as made available by the Federal Reserve Board. If the Lock Index becomes unavailable dudng the term of this Agreement, we may designate a substitúte index after notice to yöu. Wewill then add 10 percentage poihtitu the LOdk Index. Your fixed lock rate (the "Fixed Lock Rate") will be the lowest of the following: the amount anivèd at from the foregoing calculation, 21%, or the maximum rate we are allowed to charge you at the time of your lock under federal law, which for the purposes of 12 U.S.C. Section 85 incorporates Ohio law. As stated above, .if our standard rate is lower than the Fixed Lock Rate, you will get the lower rate. Wewill provide a complete disclosure of the terms of the Lock at the time the Lock is established. e) Cancellation of Lock. If you later request that we cancel a Lock, we may permit you to do so If you agree to You will be pay the Lock cancellation fee .that is in effect at the time of cancellation for each Lock you cancel. required to sign an amendment to this Agreement which will contain the amount of the agreed upon oancellation fee. f) Fee Walvers. If you Lock an initial advance of at least $25,000 immediately upon opening this Credit Account, wewjll waive the Annual Fee described in Section 15 for as long as that initial Lock remains open. 10. PAYMENTS. All payments on your Credit Account made by check or money order must be delivered to us at the address indicated on your billing statement. Any payment may be retumed without applying It to your Credit Account if the check or money order is: (1) not drawn on the U. S. Postal Service or a financial institution located in the United States of America; (2) not payable in U.S. Dollars; (3) drawn with different nurneric and written ämounts; (4) missing a signature; (5) postdated; or (6) unacceptable for any other reason. We may apply all payments and credits in accordance with our standard operating procedures and with the requirements of applicable law. Unless otherwise required by applicable law, we may apply your payments to principal, interest, fees and other charges in any order. Ifwe receive payments at locations other than indicated on your billing statement, such payments will be credited promptly to your Credit Account, but crediting maybe delayed for up to 5 days after receipt. Wemay apply our standard operational procedures to verify that we have received good funds after we receive your payments before releasing the payment amounts as available credit on youroredit Account. We dà not process paymentson Saturdays, Sundays or bank holidays, and if the PaymentDue Date falls on one of theme days, you will incur an additional Finance Charge if your payment Is not posted on or before the preceding barik business day. We can accept late payments, paUtial payments, checks or money òrders marked "paid in full" hr containing similar language without losing any of our rights under this Agreement. You agree to pay us $25 for each payment check or automatic debit to your account which is returned unpaid. You also agree to pay a fee of $0.00 per copy for providing photocopies of monthly statements.or canceled Draw Checks. NYcAVLS Page4 ofB FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 11. SECUTÍTYINTEREST. As a part of tlits transaction, you are granting us a Mortgage on the property, as further described in the Mortgage, which is locate I et 'l44 H1GHVIEWDRiVE, WADING RIVER,NY"11792-1025 (the"Property"). All of the terms and conditions of the Mortgage are very important and should be read In conjunction with this Agreement. 12. stoSINs COSTS. Your costs are listed below. closing You maypay these costs in cash at the closing or charge them to your Credit Account as Advances. Loan Origination Fee (FINÃNCE CHARGE) 4.00 Loan Discount (FINANCE CHARGE) 0.00 Appraisgi Fee OAD Credit Report Fee 040 Mortsage Broker Fee flNANCECHARGE) 200;00 Attorney Review Trust Documents(FINANCE CHARGE) - ORO Flood Zone Certification Fee (FINANCE CHARGE) ROD Underwriting Fee (FINANCE CHAROE) OEO Processing Fee (FINANCE CHARûE) 0.00 Docurnent Preparation Fee - Lender (FINANCE CHARGE) 0.00 Courier Fee - Lerider (FINANCE CHARGE) D.DO Courier Fee -Broker (FINANCE CHARGE) 040 WIre Fee - Lender (FINANCE CHARGE) 0.00 Wire Fee + Bro7er flNANCE CHARGE) D.00 Condo ReylewFee (FINANCE CHARGE) .0æ0 Other Fee 2 0,00 Other Fee 0.00 OtherFee FINANCE CHARGE) 540 Other Fee - Broker p.00 Other Fee - Broker D.00 Settlement or Closing Fee (FINANCE CHARGE) 262.50 Abstract or Title search 60.00 pocument Preparation Fee - Settlemerit Agent 0.00 0.00 Notary Fee O 00 Closing Attorney Fee (FINANCE C@iAR E) Bànk Closirig Attorney 0 00 Title thsurance . 0.00 UCC PreparatjonFee 0.00 Anorney's Fees to (FINANCE CHARGE) 0.00 Fees 97.00 Recording/Filing 0.00 City/County Tax/Stamps (Mortgage Tax) State Tax/Stamps (Mortgage Tax) 600.00 0.00 Co-op Uen Search Georgia Per Loan Fee 0.00 0.00 Survey Fee 0.00 Survey Inspection Fee Lender's insurance against loan defaults to Willis of NewYork, Inc.$17.00 POC Pest Inspection Fee 0.00 Mortgage Satisfaction Fee 0.00 Total of Closing Cost 1,074.50 Minus Closing Cost Paid by us 874.50 200.00 Total of Closing Costs due from you WAlVEROFMORTGAGE CONDITIONAL TAX. The term "Mortgage Tax" means the borrower's portion of any tax paid to a state, county or other government office as a condition to record the Mortgage. You acknowledge that you had the option to pay the Mortgage Tax disclosed above at closing, and you elected to have us pay the Mortgage Tax. We agree to conditionally waive the Mortgage Tax uriless you close or terminate your credit Account within three years from the date of this Agreement. If you close or terminate your Credit Account within 18 months from the date of this Agreement, you wlil repay to us 100% of the Mortgage Tax. If you close or terminate your Credit Account after 18 months from the date of this Agreement but within three years from the date of this Agreement, you will repay to us 50% of the Mortgage Tax. You will not be required to repay any portion of the. Mortgage Tax if we suspend or terminate your Credit Account. You may prepay your Credit Account without repaying any portion of the Mortgage Tax as long as you do not close or terminate your Credit Account. The Fee to Close Account described in Section 16 is in addition to any amount you must repay under this paragraph. At any time we may obtain an appraisal on the Property, including an Internal inspection, at our sole option and expense. You agree that you will cooperate with us in obtainirig such an appraisal. The cost of the follow-up appraisal and other permitted third party charges will be treated as Advances under this Agreement, as allowed by applicable law. NYCAVLs pages ora FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 13. RELEASE. We-will the Mortgage when all amounts due under the Mortgage and this Agreement have been paid, release Whenwe discharge or¾elease the Mortgage or any other documents recorded or filed to perfect ourtsecurity interest in the Property, you shall pay any recordation or filing costs. Recordation or filing costs are estimated to be $ 25.00 , 14. LATE FEES. If you do not make the fµII current MinimumPayment within 'l5 days after the date k is due a late fee of $25.00 will betharged. . 15. ANNUALFEE. You agree to pay us a non-refundable Annual Fee of %50Jï0during the Draw Period and any extensfort of the braw Period. Unless you temiinate your Credit Account and pay the odistandiIg balance, the Annual Fee wlil be charged to your Credit Account annually during the Draw Period In the Monthly Statement Eeriod ending in your ariniveí·sary monthwhich we assign to your Credit Account. 16, FEE TOCLOBEACCOUNT. Your Credit Accodnt maybe charged the lesser of 1 %of your Credit l4rnit or $400,00 If you olose or terminate your Credit Account within three years frorn the date of this Agreement. You will frot be charged this fee if we suspend or terminate your Credit Account. You mayprepay your Credit Account without paying this fee as Ions as you do not close or terminate your Credit Account. 17. ACCOUNTRETURNDRAW CHECKCHARGE. Wemaycharge you a fee of $25.00 for the return of a Drawgheck becauseyou are delinquent or In default in any respect concerning the Ofedit Account. 18. DEFAULT. You will be In default if: Vou engage in fraud or material misrepresentation at any time in connection with your Credit Account. a) b) You fail to meeithe repayment terms of this Agreement c) Your action or inabtion adversely .affècts the Property or our rights in it. Examples of these actions and inactions Include, but are not limited to hircumstances in ƒhloh! 1. . You are the sole borrower on this Credit Account and ybu die. 2. The Property Is used for an illegal purpose. 3, Property without our written You transfer or _attempt to transfer all or part of your interest in the consent. 4. All or part of the Properly is taken by condemnation or eminent domain. .5. You are In default on any mortgage or Ilon on the Property 6, You fall to Resp the Property properly insured. 7. . You fall to pay real property taxes and assessments on the Property when they are due. & You fall to.keep the Property properly maintairfed and in good repair. we have the right, at our option, to cancel your credit privileges, to require the Immediate If you default, payment of amount owed to us, and/or to cause your home to be sold at foreclosure sale. If we refer the entire your account t.o an attomey for collection or foréclosure, you agree to pay our reasonable attomey½ fees as by applicable law, but not to exceed 20 %of the amount owed, plus court costs permitted and the costs related to foreclosure. 19. OFCREDITPRMLEGES. CANCELLATION Wecan refuseto make additional extensions of credit, or reduce your Credit Limit if: The value of the Property declines significantly below Its original appraised value for purposes of this a) Credit Account. b.) We reasonably believe you will not be able to meet the repayinent requirements set forth in this Agreement due to a material change In your financial olrcurnstances. c.) You fall to meet any material obligation you have under this Agreement. d.) You are in default under Section 18 above. e.) Government action prevents us from imposing the ANNUAL PERCENTAGE RATEprovided for in this Agreement. f.) Government action impairs our security Interest such that the value of our interest is less than 120 percent of your Credit Limit. g.) A regulatory agency which supervises us has notified us that continued Advances would constitute an unsafe and unsound practice. h.) You become the subject of a proceeding in bankruptcy. i.) There is more than one borrower on this Credit Account, one of you dies, and that adversely affects our.interest in the Property. J.) The maximum ANNUAL PERCENTAGE RATE(or rate cap) is reached. If we refuse to make additional Advances or reduce your Credit Limit under this provision, we may refuse to honor any requests for Advances, including those requests made before but presented to us after we made our decision. We wlil send you a written notice stating the reason for our action. If for any reason you believe your Credit Limit shpuld be reinstated, you must send us a written request for reinstatement and include in the request the reasons why you believe your credit privilege or Credit Limit should be reinstated. ' 20. FORECLOSURE The Mortgage signed In connection with this Agreement gives us certain rights to your property. The law gives us other rights you also agree to give us. If you default, we mayforeclose on the Mortgage. This means that the real property covered by the Mortgage will be sold in order to pay the amount owed to us under this Agreement. NycAVLs Page6N9 FILED: SUFFOLK COUNTY CLERK 05/30/2024 12:52 PM INDEX NO. 613197/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/30/2024 20 ANDINFORMATION. PERIODICREVIEWS , We'will conduct periodic reviews of your redit Account based on financial and credit inforrnation we reedve about you. You agree to provide us with updeted firiancial information, in writing, if we fequést it We may request a new credit report on you without telling you. If pou ask; we will tell you the name and address of the consumer reporting agency ithat fumished it. We may furnish Information :about your performance under this Agreernpnt to our affiliates and other persons as ellowed by law. You also agree to sign any addiHonal or corrgctive documents In connection wkh this Agreernent, at our request and.as allowed by law. 22. ABSilMPTION. Someone buying your Property may not assume this Joan on these terms. SENDINGOF NOTICES. if sent to your address on file7n Any statement gr notÈe to you under this AgreemeDtwil e sufficiently given connection with this acDsnt or to a riew address of which you have notified us in writing at least 20 days before the sending of the 5tätemerit or