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  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
  • Td Bank, N.A., v. Geovanny Aquino, And John Doe #1 Through John Doe #12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, And Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 EXHIBIT “b” (Page 1 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan #: HOMEEQUITYLINE OF CREDIT AGREEMENT ANDDISCLOSURESTATEMENT Date: 07/29/2022 Loan # Servicing Account # "your" and Bank" mean or In this Home Equity Line of Credit Agreement and Disclosure, the words "you", "the refer "me" "borrower" mean or to TD Bank, N.A..The words "I", "my", and refer to Geovanny Aquino. 1. PROMISETO PAY. I promise to pay the Bank in U.S. dollars all sums of money borrowed under this Agreement, plus FINANCECHARGES,and any other charges I am required to pay under this Agreement or under the Mortgage Deed (Mortgage) securing the advances made underthis Agreement. Repayment willbe as described below. If Ifail to comply with any partof this Agreement or Mortgage, but the Bank allows meto correct my failure to comply or to continue to borrow and repay under the Agreement, I cannot claim the Bank has given up the right to require me to comply in the future. This is a variable rate credit agreement, and the FINANCECHARGES 1 will pay will change according to the terms described below. 2. SECURITY. All advances madeto me under this Agreement and my performance of all my obligations under this Agreement are secured by Mortgage dated 07/29/2022 to be recorded in the County of Westchester Registry of Deeds on real estate located at 162 Alexander Avenue, Yonkers, NY 10704. Insurance on the real estate is required and may be obtained from anyone I choose who is reasonably acceptable to you. 3. ADVANCES.You will provide me with special checks (Equity Line Checks) and a Visa EquityAccess Card if I am eligible, that may be used to obtain advances (loans). I may obtain advances as long as such advances do not cause my Account balance to exceed my Credit Limit, If my Account goes over my credit limit, I agree to pay the overlimit amount when it is billed to me, or sooner upon your request. I may obtain advances by using an Equity Line Check or Visa Equity Access Card. If I am an Online Banking Customer at the Bank I may also obtain advances by transferring funds from this Account to another Bank account. I may also transfer funds from this Account to another Bank account by using the Bank's telephone banking service. I may also transfer to this Account using the Bank's automated phone service. Additionally, the Bank may elect to provide an advance at my request. Such requests must be made directly to the Bank and if the request is approved, the proceeds will be provided directly to me either as a deposit to my account at the Bank, or in the form of an official Bank check, or other disbursement method that you approve. You may elect not to honor any Equity Line Check you receive which is post-dated or which is dated more than six months prior to the date the Equity Line Check is presented to you. If you honor such Equity Line Checks, at your sole discretion, I agree that such Equity Line Checks shall be considered an advance. You may also approve an advance to pay fees or charges due under this Agreement. However, if my Account is in default due to conditions outlined in Section 15. DEFAULT, I may not be eligible to make advances on my Account. I will not request advances from this Account to pay the Bank for sums due under this Agreement or to pay other amounts owed to the Bank or its affiliates. 4. CREDITLINE. My Credit Line (Credit Limit) is the maximumamount of money you will make available to me under this Agreement that will be outstanding at any time. My Credit Limit is $203,000.00. I will not let my unpaid balance go over my Credit Limit. Notwithstanding anything contained in Section 3 of this Agreement, if I reach my Credit Limit the Bank need not advance me any more money and the Bank may return or elect to pay any items. 5. FINANCECHARGES.If you make any advances to me, I will pay a FINANCECHARGE based on the daily balance computation method. The FINANCECHARGE begins to accrue on the date of each new advance until paid in full. For each day of the billing cycle, the Bank calculates the FINANCE CHARGE on the Account by multiplying the daily period rate times the daily balance of the Account. To compute the FINANCE CHARGE f or the billing cycle, the Bank adds together all the daily FINANCECHARGES for the billing cycle. To compute the daily balance the Bank Page 1 of 8 - "N " Internal (Page 2 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 I.oan #: takes the beginning any new advances and debits, and subtracts any balance of the Account each day, adds to it principal payments or The credits. daily be 0.017% initial The daily periodic rate is 1/365m (1/366 period rate will during leap year) of the ANNUALPERCENTAGE RATE (APR). The initial APRunder this Agreement is 6.090% The APRincludes only interest and no other costs. The computation method for the FINANCECHARGEabove is also the method used if I choose to fix the described rate on a portion or all of iny outstanding balance (Fixed Rate Option). However, there will be no new advances added to a Fixed Rate Option. If I make a Fixed Rate Option Payment(s) before or after any due date, either the amount of my originally scheduled final payment may be lower or higher than the amount initially determined or additional payment(s) may be required. Please see Section 11 for additional information about the Fixed Rate Option feature. 6. ADJUSTMENTS TOAPRANDLIMITS ONCHANGES.This section does not apply if I choose to fix the rate on a portion or all of my outstanding balance (Fixed Rate Option). B) 6.A. The Annual Percentage Rate (APR) is subject to change each billing cycle without limit except that it will not go above the maximumrate of 18.000% My APRwill be adjusted each billing cycle to an annual rate equal to 't .340% (Margin) added to the highest domestic Prime Rate as published in The Wall Street Journal (Index). Any change in my APRwill take effect on the first day of the billing cycle following a change in the Index. The FINANCECHARGE begins to be charged on the date of each advance and continues until paid in full. The new APRwill be applied each daily balance during the billing to cycle. The Bank will not send me a notice of the new APR and the amount of the payment then due except on my next statement on my regular billing date. If the APR increases, the FINANCECHARGE on the balance and monthly payment will be higher, and if the APRdecreases, the FINANCECHARGE on the balance and payment will be lower. There will be no change in the schedule of monthly payments or the other terms of this Agreement. Changes in the APRwarranted by a change in the Index will be in automatic. However, an increase may be foregone at the Bank's option. If the Bank forgoes an APRincrease, the Bank may increase APRat a later change date. O 6.B. My promotional variable ANNUAL PERCENTAGE RATE(APR) will be in effect for from the date of this Agreement. My promotional APR will be an annual rate equal to (Margin) % the Index on or in effect on the first day of each billing cycle. The Index is the highest domestic Prime Rate as published in The Wall Street Journal, from the date of this Agreement, the APR will be equal to the Index on or in effect that day the Margin noted below. Beginning with the cycle after that date, the APRwill be equal to first billing %(Margin) the Index and will change and be effective on the first day of each billing cycle based on the Index on or in effect on that date. If the promotional Annual Percentage Rate was not offered, the ANNUAL PERCENTAGE RATE that would have been in effect using the Index Margin described above would have been % APR (Daily Periodic Rate of %). The Annual Percentage Rate (APR) is subject to change each billing cycle without limit except that it will not go above the maximumrate of 18.000% The FINANCECHARGE begins to accrue on the date of each advance and continues until paid in full. The new APRwill be applied to each daily balance during the billing cycle. The Bank will not send me a notice of the new APRand the amount of the payment then due except on my next statement on my regular billing date. If the APRincreases, the FINANCECHARGE on the balance and monthly payment will be higher, and if the APRdecreases, the FINANCECHARGE on the balance and monthly payment will be lower. There will be no change in the schedule of payments or in the other terms of this Agreement. Changes in the APRwarranted by a change in the Index will be automatic. However, an increase may be foregone at the Bank's option. If the Bank forgoes an APRincrease, the Bank may increase APRat a later change date. ¡ 6.C. The Annual Percentage Rate (APR) is subject to change each billing cyclewithout limit except that it will not go above the maximumrate of 18.000% Until my APRwill remain fixed at %without regard to any index, or any previously effective APR. After that, my APR will be adjusted each billing cycle to an annual rate equal to %(Margin) the highest domestic Prime Rate as published in TheWallStreetJournal (Index). Any change in myAPRwill take effect on the first day of the billing cycle following a change in the Index. The FINANCE to accrue on the date of each advance and continues until paid in full. The new APRwill be applied CHARGEbegins to each daily balance during the billing cycle. The Bank will not send me a notice of the new APR and the amount of the payment then due except on my next statement on my regular billing date. If the APR increases, the FINANCE CHARGEon the balance and monthly payment will be higher, and if the APRdecreases, the FINANCECHARGEon in the other the balance and monthly payment will be lower. There will be no change in the schedule of payrnents or terms of this Agreement. Changes in the APR warranted by a change in the Index will be automatic. However, an increase may be foregone at the Bank's option. If the Bank forgoes an APR increase, the Bank may increase APR at Page 2 of 8 Internal (Page 3 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan #: a later change date. 7. DISCOUNTS.The Bank may, in its sole discretion, determine to offer borrowers discounts, The Bank has determined that the following checked discounts shall apply to My Account according to the terms and conditions noted below: Relationship Discount. The interest rate forthis Accountwith a Qualified Account is discounted by 0.25%. I understand and agree that a relationship discount will be terminated and the interest rate on this Account will increase upon closure of myQualified Account. If the interestrateis increased, mymargin listed in Section 6 will increase by the related discount shown above. You will send me advance notice of the new interest rate as required by applicable law. Mynewrate, paymentand Account balancewill be on mystatement. The interestrate mayincrease only once for termination of a relationship discount. The interest rateincrease will became effective on the firstday of the billing cycle afterthe notification period. 8. OF INDEX. If for any reason the index is temporarily unavailable, the APRon my line will UNAVAILABILITY remain fixed up to for 30 days at the rate set at the last adjustment, but only until the Index is available again. If the Index becomes unavailable for 30 days or more, a new index and if necessary, a new margin, substantially similar to the discounted one will be designated by you. 9. MONTHLY PAYMENTS. 9.A. DRAWPERIOD. During the Draw Period, I may obtain advances up to my Credit Limit until the Draw Period terminates. The Draw Period is for 10 years. The Total Amount Due during the Draw Period is equal to current finance charges, amounts over my Credit Limit, any Fixed Rate Option payment under Section 11, any past due amounts for the Line of Credit and Fixed Rate Option plus any late fees or other charges under Sections 25 and 26. I will pay the date." Total Amount Due no later than the date shown on my periodic statement as the next "payment due All payments will be applied first to interest and then to other amounts owed and finally to principal. I understand that paying the Total Amount Due will not reduce the principal that is outstanding on my Line of Credit. The Line of Credit Balance is all of the outstanding balance that is not part of a Fixed Rate Option. The payment due for the Fixed Rate Option will be a fixed dollar amount of principal and interest and will be disclosed to me at the time I choose to fix the rate. See Section 11 for more information on Fixed Rate Options. During the Draw Period, I have the right to pay off my Account in full or in part at any time before it is due without penalty except as noted in Section 25. 9.B. REPAYMENT PERIOD. After the Draw Period ends, Iwill no longer be able to obtain advances under this Agreement and I must repay the outstanding balance. This is called the Repayment Period. I must repay to you all amounts I owe under this Agreement no later than 20 years from the start of the Repayment Period. During the Repayment Period, my Total Amount Due will be equal to the greater of $50.00 or the monthly amount sufficient to repay the outstanding principal and interest accrued in full no laterthan 20 years from the start ofthe RepaymentPeriod based upon the periodic rate in effectforthat billing cycle. Changes in my monthly payment will reflect the changes in the unpaid principal and interest of myAccount, any Fixed Rate Option payment under Section 11, any amounts over my Credit Limit, any other fees or charges under Section 24 and 25, any amount past due, and any APRchanges in accordance with Section 6 of my Account. If there are any Fixed Rate Options that remain unpaid at the start of the Repayment Period, the Fixed Rate Option payment previously established will continue to be billed and added to the Total Amount Due. During the RepaymentPeriod, I have the right to pay off myAccount in full or in part at any time before its due without penalty. 10. CREDITINGOF PAYMENTS.All payments must be madeby check, automatic account debit, electronic fund transfer, money orderorother instrument in U.S. dollars and must be received by the Lender at the address specified. If my payment is mailed to the address specified and received on or before 5:00pm (ET) on a business day, you will credit a If you receive a properly properly made payment that you receive by mail on the business day you receive the payment. madepayment after 5:00pm (ET) on a business day or on a non-business day, you will credit the payment as of the next business day. If my payment is mailed or delivered to a different address or location than that specified, you may take up to five (5) days to credit the payment after the date of receipt. If I make a transfer using your Internet banking service on or before 10:30pm (ET) on a business day, you will credita properly madepaymenton that business day. If I make a transfer or on a non-business day, you will credit a using your Internet banking service after 10:30pm (ET) on a business day payment in person at your branch on before 8:00pm properly made payment as of the next business day. If I make a or payment on that business day. If I make a payment person (ET) on a business day, you will credit a properly made in at your branch after 8:00pm (ET) on a business day or on a non-business day you will credit a properly made payment as Page 3 of 8 - Internal (Page 4 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan #: of the next business day. make a payment via the telephone at 800-457-2387 on or before 5:30pm (ET) on a If I business day, you will credit a properly made payment on that business day. If I make a payment via the telephone at 800-457-2387 after 5:30pm (ET) on a business day or a non-business day you will credit a properly made payment as of the next business day. Subject to applicable law, you mayapply payments or credits toward the amounts I owe under this Agreement in any order you choose, regardless of my instructions otherwise. I maynot dictate the order to use when you apply payments or full" credits to my Account. If I want to pay with a check that has "payment in or some other special notation or instruction on it or with it, I agree to send the payment (including the special notations or instructions) to you at the following address: Payoff Department, 140 Mill Street, Lewiston, ME 04240. If 1 send any such payment to any other address, you ignore the special notations or and your crediting any such check or other instruments to the amounts may instructions, I owe under this Agreement does not meanthat you have agreed to the special notations or instructions. 11. FlXED RATE OPTION. A Fixed Rate Option has a fixed interest rate and fixed term and is payable monthly. i mayfix the on part or all of myoutstanding principal, along with accrued interest and any other fees and charges at any time rate during the Draw Period or Repayment Period as iong as I am not in default or myAccount is not terminated or suspended. The Bank will determine the amount of the monthly payment that would be sufficient to repay the outstanding principal and interest that I am expected to owe at the end of the Fixed Rate Option term I select in substantially equal payments. The maximumterm on any Fixed Rate Option cannot continue beyond the Repayment Period of this Account. The minimum amount upon which I may choose to fix the rate is $5,000.00. I may have up to three (3) Fixed Rate Options outstanding at any one time. The rate, if I choose to fix the rate, is equal to the rate on a HomeEquity Loan offered by the Bank with a comparable term that is in effect when I request to fix the rate. Currentrates are available on the web at www.tdbank.com. MyFixed Rate Option paymentwill be a fixed dollar amount that will be established at the time I request to fix the rate. My Fixed Rate Option payments will be billed on the same statement as my other payments and all payments will be combined and have the same due date. All fees and charges listed in this Agreement will also apply to each Fixed Rate Option I have outstanding. I understand that as l pay down the portion of my outstanding balance upon which I fixed the rate, the funds will become available again for advances during the Draw Period. 12. ASSUMPTION.A purchaser of my home may not assume my Home Equity Line of Credit and Mortgage. 13. FINANCIAL ANDADDITIONALDOCUMENTS.I agree REPORTS to provide the Bank, upon request, any financial statement or information Bank may deem reasonably necessary. I agree to sign, deliver, and file any the additional documents or certification that the Bank may consider necessary to perfect, continue, and preserve my obligations under this Agreement and the Security Instrument and the Bank's lien status on the Property. 14. PERIODIC REVIEW. From time to time, the Bank may conduct a review of my Credit Line Account and if requested, I agree to provide the Bank with financial information or other information the Bank may deem to be on me your sole option and expense. The reasonably necessary. The Bank may obtain a credit report at any time, at Bank may require a new appraisal of the Property which secures my Credit Line Account at any time, including an internal inspection, at its sole option and expense. All terms in this Agreement are material including this Periodic Review term. If I do not comply with the terms of this Agreement, my Credit Line Account draw privileges may be suspended as permitted by this Agreement. 15. EVENTOF DEFAULT.I be in Default: will if I do not make a minimum payment when due, or donot pay any balance over my Credit Limit when due; (A.) if I engage in fraud or material misrepresentation in connection with this Agreement; (B.) actin a way that adversely affects your (C.) convey the property securing this Agreementorotherwise if I actorfailto Mortgage or your rights in the property; (D.) if t (as sole borrower(s) obligated under this Agreement) die; (E.) if I become insolvent, or go into bankruptcy; (F.) if Iviolate any partof this Agreement or Mortgage; (G.) if I violate any material terms of a Mortgage given as a security for this Agreement; or Page 4 of 8 Internal (Page 5 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan #: (H.) if I in your reasonable judgment you determine that my prospect of repaying the advances is significantly impaired by a material change in my financial condition. Default by any one borrowerbe considered default by all borrowers. If I am in default under A., B., C., or D. above, will the Bank may terminate this Agreement, may refuse to issue any additional loans under this Agreement and may demand payment of the total amountowed under this Agreement after giving me any notice required by law. If I am in Default under A., B., C., or D. above, the Bank maysuspend my right to additional advances or reduce myCredit Limit. Even if, at a time when I amin Default, the Bank does not refuse require me to pay to issue me additional advances or immediately in full, the Bank will still have the right to do so if be in Default, or if another event of Default as I continue to specified in this section occurs. I understand that default under this Agreement will also be default under the Mortgage. I agree to pay all of yourreasonable attorney fees, legal expenses, and other reasonable costs incurred in foreclosing the Mortgage or otherwise realizing on the real estate securing my obligations under this Agreement after a Default. I acknowledge that if the Bankdoes nottake action in response to an event of Default, such will not constitute a waiver of any Default. 16. SUSPENSION.The Bank may suspend my right to additional or reduce my Credit Limit: (A.) upon my written request or that of any joint borrower; (B.) if the value of the dwelling securing this Agreement and Mortgage declines significantly below its appraised value for purposes of this line; (C.) if a regulatory agency has notified you that continued advances would constitute an unsafe and unsound practice; (D.) if the Annual Percentage Rate reaches the maximum rate; (E.) if Iviolate any materialterms of this Agreement ; (F.) if in your reasonable judgment you determine that my prospect of repaying the advances is significantly impaired change in my financial condition; by a material (G.) if you are precluded by govemment action for imposing the Annual Percentage Rate agreed to; or (H.) if government action adversely affects your security interest so that its value is less than 120% of my credit line. You will notify me in writing if you take any action under this paragraph. If the event causing the suspension under paragraph no that you reinstate my credit privileges. If I request this is longer applicable, I may request in writing reinstatement on my credit privileges, all borrowers may be required to make or affirm the request. 17. TERMINATION.The Bank may terminate Agreement as provided in Section 15. I may terminate this this Agreement by notifying you in writing. After the Agreement is terminated, I must repay all the principal balance, accrued interest plus any other sums I owe to the Bank under this Agreement in one lump sum payment to the Bank. Any joint borrower may terminate the Agreement as provided. 18. CHANGE IN TERMS.You may not change any terms of this Agreement unless I agree in writing at the time, except: (A.) The substitution of a new index as provided in Section 8; Insignificant changes to terms, or changes that will unequivocally benefit me, for the remainder of the term of my (B.) line; Terminate or suspend additional advances or reduce my Credit Limit under certain circumstances as provided in (C.) Sections 16 and 17; (D.) Change the Annual Percentage Rate (APR) based on the Index as described in Section 6; (E.) Change in credit insurance premium rates. You will provide me with all notices of any changes as required by applicable law. 19. BANKWAlVER. If I have given a security interest in real or personal property or securities to the Bank, other Page 5 of 8 " "" [nternal (Page 6 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan # than the Mortgage described in Section 2 under any agreement that says the property or securities may secure other loans, the Bank waives its right to apply such property or securities against money which I owe under this Agreement. 20. TAX DEDUCTIBILITY. I should consult a tax advisor regarding the deductibility of interest and charges for these advances. 21. NOTICES. Any me will be considered effective when it is delivered personally to me or mailed, notice you send postage-paid, to the last address you have for me in your records. Notice from me will be considered effective when you receive it in writing at the address shown on my statement. lf this is a joint Account, you may notify one of us and the notice will be effective for all of us. Also, one of us can notify you and you will consider it to be notice from all of US. 22. LIABILITY FORUNAUTHORIZEDUSE. I may be liable for the unauthorized use of my Visa EquityAccess Card. I will not be liable for the unauthorized use that occurs after I notify the Bank at P.O. Box 1377, Lewiston, ME 04243-1377, orally or in writing, of the loss, theft, or possible unauthorized use. In any case, my liability will not exceed $50.00. 23. THIS NOTICECONTAINSIMPORTANTINFORMATIONABOUTMYRIGHTSANDYOUR RESPONSIBILITIES UNDERTHE FAIR CREDITBILLING ACT. I will notify the Bank in case of errors or questions about my bill. If I think my bill is wrong, or if I need more information about a transaction on my bill, I will write to the Bank on a separate sheet at the address on my bill as soon as possible. The Bank must hear from me no later than 60 days after the Bank sent me the FIRST bill on which the error or problem appears. I can telephone the Bank but doing so will not preserve my billing error rights. In my letter, I will give the Bank the following information: (1.) my nameand Account number; (2.) the dollar amount of the suspected error; (3.) a description of the error and an explanation, if I can, of why I believe there is an error. If I need more information, I will describe the item I am not sure about; and (4.) any other information (such as address) which I think will help the Bank to identify my Account or the reason why I believe there is an error. If I have authorized you to pay my bill automatically from my savings or checking account, I can stop the payment on any amount I think is wrong. To stop the payment my letter must reach you three (3) business days before the automatic payment is scheduled to occur. MYRIGHTSANDTHE BANK'S RESPONSIBILITIES AFTERTHE BANKRECElVESMYWRITTENNOTICE. The Bank must acknowledge myletter within 30 days, unless the Bank has corrected the error by then. Within 90 days, the Bank must either correct the error or explain why it believes the bill was incorrect. After the Bank receives myletter, it cannot try tocollectany amount I question or report meas delinquent. The Bank can continue to bill mefor the amount I question, including Finance Charges, and the Bank can apply any unpaid amount against my Credit Limit. I do not have to pay any questioned amount while the Bankis investigating, but I amstill obligated to pay the parts of my bill that are not in question. If the Bank finds made a mistake on my bill, I will not have to pay any FINANCECHARGES that it related to any questioned amount. If the Bank did not make a mistake, I mayhave to pay FINANCECHARGES,and I will have to make up any missed payments on the questioned amount. In either case, the Bank will send mea statement of the amount Iowe and the date that it is due. If I fail to pay the amount that the Bank thinks 1 owe, the Bank may report me as delinquent. However, if the Bank's explanation does not satisfy meand I write to the Bank within 10 days telling the Bank that I still refuse to pay, the Bankmust tell anyone it reports meto that I have a question about my bill. The Bank must also tell Methe nameof anyone to whomit reported information concerning Me or My Account. Whenany dispute is resolved, the Bank must tell anyone to whom it reported information regarding Me or My Account that the matter has been settled. If the Bank does notfollow these rules, it cannot collect the first$50 of the questioned amount, even if mybill wascorrect. SENDINQUIRIES TO: Page 6 of 8 " Internal (Page 7 FILED:of WESTCHESTER 8) COUNTY CLERK 06/06/2024 04:19 PM INDEX NO. 63643/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/06/2024 Loan #: CONSUMER LOANRESEARCH 140 MILL STREET LEWiSTON, ME04240 SPECIALRULE FORCREDITCARDPURCHASES the right to not pay the remaining amountdue on propertyorservices purchased with a creditcardif Ihave a I may have problem with the quality of property or services that I purchased with a credit card and I tried in good faith to correct the problem with the merchant. There are two limitations on this right (A.) I must have madethe purchase in my homestate or, if not within myhomestate, within 100 miles of mycurrent mailing and address; (B.) The purchase price must have been more than $50. These limitations do not apply if the Bank owns or operates the merchant, or if the Bank mailed methe advertisement for the property or services. 24. EACHSIGNERLIABLE. Agreement may be signed by more than one person, I understand that Although this 1, as an individual, am responsible for paying back the entire amount owed under this Agreement. You may take direct legal action against me even though I may not have received any direct personal benefit from the advances. All persons who sign this Agreement are entitled to a copy of the Agreement. 25. OTHERCHARGES.I agree to pay the following fees and charges at Account opening or thereafter. Other Charges: See Addendumto Section 25 (Other Charges) pay you a termination fee of the lesser of $450.00 or 2%of the Fee: agree amount prepaid if I Early Termination I to opened. The payoff and close my HomeEquity Line of Credit Account within 24 month(s) of the date my account was amount prepaid is the principal balance at the time I payoff my loan. Annual Fee: $50.00. In order to maintain my HomeEquity Line of Credit, I agree to pay an Annual Fee and agree that this fee wili be charged to my Account after the first anniversary date of my Account opening and each anniversary date thereafter during the Draw Period. If the fee cannot be charged at the scheduled time for any reason, it may be charged within 5 subsequent billing cycles. An annual fee is not charged during the Repayment Period. Stop Payment on HELOCCheck:$25.00 perEquity Linecheck. statement on or 26. LATE CHARGE.If pay the Total Amount Due at the mailing address shown on my I fail to before the 15 day following the payment due date, I may be charged a late fee equai to 5.000% of the Total Minimum