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  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
  • Wilmington Savings Funds Society, Fsb, D/B/A Christiana Trust Solely As Trustee For Csmc  2017-2 Trust, v. James Bell, Frankie Mae Bell A/K/A FRANKIE BELL, John Doe, Blue View Corporation Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 EXHIBIT A FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 BEN AL® CREDIT LINE ACCOUNT AGREEl WEt:00tlE: in this Agreement, the words 1, you, your, and youra meanthe Borrower, and the words we, our, and us mean Benefical Homeowner Serviòe Corporation, the Creditor. ThIs Is an Dpen End Credit Account. The amount of credit available to you at any point in time is the difference between the Credit Line and the Principal Balance. There are no limitations on either the number or on the dollar amount of the extensions of credit (up to your Credit Line) you may obtain during any given time period. There are no specified draw or repayment periods. There is no minimum outstantling balance regulrement, however, there Is a minimum Initial Advance requirement of $5,000. The terms and conditions of this Account are outlined on Pages 1 through 4 of this Agreement. Creditor: REDACTED Account Nurnb BENEFICIALHOMEOWNER SERVICE CORPORATION 3820 HARLEMRD CHEEKTOWAGA NY 14216 Phone REDACTED Nameand Malling Address of Borrower: Residence Addrons If not the same: BELL,,JAMES,FRANKlEMAE 177 NEWBURGH AVE BUFFALO,NY,14215 Date of Agreemert credit Una Initial Advance Payment Amount* Due Day 07/27)98 $40000,00 $40000,00 $493,00 28 AntoitlEation Basis" Real Propeny Fees Loan origination Fee Annual charge 180 mos. $1046.11 $1600.00 $15.00 *Payment Amount: The monthly repayment amount consists of Finance Charge and Principal, necessary to completely repay the Principal Balance and applicable Finance Chargeduring the time periodrepresented by the Amortization Basis, defined below. See Page 2 of this Agreement for additional information relating to the calculation of the Payment Amount. **Amortization Basis: The time period In months during which, if each Payment Amount is paid on the Due Date specified on the Statement of Account, the Principal Balance and applicable Finance Charge will befully repaid. There will be no negative amortization of the Principal Balance on this Account. The Finanos Charge will be calculated using the Daily Periodic Rate of .034246 %( 12.500 %Annual Percentage Rate), which Rate does not Include costs other than the Finance Charge. CALCULATION 0F FINANCECHARGE:To calculate the Finance Charge on your Account, we do the following: Step 1 - Wecalculate the Average Daily Balance, in the manner described In the Immediately following paragraph. Wedo not include the Finance Charge In calculating the Average - Wethen calculate Daily Balance. Step 2 the Finance Charge by multiplying the Average Daily Balance obtained under Step 1 by the Daily Periodic - The amount so obtained is then multiplied Rate, thereby yielding a daily Finance Charge amount. Step 3 by the number of days in the billing cycle to obtain the Finance Charge for that billing cycle. CALCUl.ATION 0F AVERAGE DAILY BALANCE: To calculate the Average Dally Balance on your Account, we do the following: Step 1 Wetake the - Principal Balance on your Account as of the beginning of each day in the Dilling cycle and add any new cash advances or any other charges made on thatday, and we subtract any payments or any other credits which were also madeon that day. Wedo not Include the Finance Charge In calculating the Average Daily Balance. Step 2 - Wethen add up all of the Principal Balances for each of the days in the billing cycle. Step 3 - Wethen divide that total amount by the number of days in the billing cycle. The Finance Charge on the Initial Advance begins to accrue on the first business day after the end of the rescission period on the Account. On subsequent cash advances, it begins to accrue an the date the cash advance is charged to the Account. This is a Variable Rate Account, and the Finance Charge rate is subject to change as described below. OF FINANCECHARGE ADJUSTMENT RATE: The Finance Charge rate on our Account when It first opens will be the Reference Rate charged by the Bank of America (Prime Rate) plus 4.00 percentage points (M in), rounded up to the nearest one-quarter percent, After the Account is opened, the Finance Cha a rate wilf b reviewed on March 1, June 1, eptember 1 and December 1 (Review Dates) of each year the Account is open. If the Prime Rate in ect on any Review Date is different from the Prime Rate which had been In effect on the immediately preceding Review Date, the Finance Charge rate will be adjusted on January 1, April 1, July 1, and October 1 (Adjustment Dates) to the Prime Rate in effect on the Review Date Immediatefy preceding each Adjustment Date plus the Margin, rounded up to the nearest one-quarter percent. Except for the first adjustment, your Finance Charge rate will not change any more frequently than 3 months. Any change in the Finance Charge rate wlD be applicable to the Average Dally Balance for the billing cycle covered by the first Statement of Account prepared on or after an Adjustment Date. The new rate will remain in effect until the next adjustment takes place. At no time will the Finance Charge rate be allowed to increase above the Da y Periodic Rate of .D43835% (Annual Percentage Rate of 16%). LOANORIGINATION FEE: For the privilege of using this Account, you agree to pay, in advance, afee in the amount shownon Page2 of this Agreement. The Loan Origination Fee is calculated as a percentage of the Credit Line and will be paid from the Initial Advance. In accordance with federal law, this 18 an Additlanal Finance Charge which is not Included in the calculation of the Annual Percentage Rate. COMMITMENT FEE: (applicable only if box checked) For our commtting to opening an Account with you in advance of the Date of Closing, you agree to pay, In advance, a Commitment Fee in the amount shown on Page 2. The Commitment Fee will be paid from the Initial Advance on your Account. In accordance with federal law, this is an Additional Finance Charge which is not included in the calculation of the Annual Percentage Rate on your Account. © BMCA199e 1 at 7 RL 83 NY-69 (s/98) REDACTED FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 REDACTED NYSCEF Nameor DOC. NO. Borrowan 4 BELl..nJAMEe,FRANmEMAE Dare of Loam o7/a7/98 RECEIVED NYSCEF: 06/11/2024 Account No.. BENEFICIAL® CREDITLINE ACCOUNT AGREEMENT (continuetl) The Initial Advance is the sum of the following amounts: 1. Real Property Fees 2. Annual Charge . . . . . . . . . . . . . . . . . $ 15.00 (A) Recording Fees. . . . . . . . . . . . . . . . . $ 40.00 3. Loan Origination Fee . . . . . . . . . . . . . $ 1600.00 (B) Title Search Fees. . . , . . . . . . . . . . . . $ 150. on 4. Commitment Fee. . . . . . . . . . . . . . . . $ 1 75 . on Premlum* (C) Title Insurance . . . . . . . . . . $ 9 76 . on 5. To: BENEFICIAL HOME0WNER SERV 32 , 1 57 . 1.0 (D) Appraisal Fees. . . . . . . . . . . . . . . . . . $ 290 . on 6. To: c T TV OF RUFFALDTAXER 4, l 57 . 43 (E) Survey Fees . . . . . . . . . . . . . . . . . . . $ NONR 7. To: .TAMER BRT.T, /* AVcG $ 776. 36 (F) Mortgage Recording Tax* . . . . . . . . . . $ 40. 11 8. To: TRANSAMERICATAX SERV $ 73. on (G) Credit Report Fee. . . . . . . . . . . . . . . . $... .. NONR 9. To: $ Nown Fee** (H) Tax Service . . . . . . . . . , . . . . . $ NANR 10. To: $ NONE (I) Flood Zone Search Fee. . . . . . . . . . . . $ NONE 11. To: $ NONR (J) U)^f pqW SUBORDINATIONFEE $ 2 50. 00 12. To: $ NONE TOTALREALPROPERTY FEES (See Page 1) $ 1046.11 13. Check Delivered to You . . . . . . . . . . . . $ NONE *The Titièleurance Premium and the Mertgage Recording Tax are based on the Credit Line and not the Initial Advance. **In accordance with federal law, the Tax Sendce fee is an additional Finance :harge which is not included In the calculation of the Annual Percentage Rate. TERMSANDCONDITIONS PROMISETOPAY: You pomise to pay the Principal Balance, as well as the Finance Charge, any additional charges, and any applicable insurance charges. These amounts are due as month MInimum Payments, defined below, You agree to pay the Minimum Payment specified on the Statement of Account by the Due Date set forth there . CASHADVANCES:You can obtain cash advances by the use of the Credit Line Account Checks we glve to you. You agree not to cash any Credit Line Account Check for an amount more than the unused portion of your Credit Line at the time that check is cashed. The emount of any Credit Line Account Check will be added to the Principal Balance on the date the cash advance is charged to the Account. MINIMUMPAYMENT:The Minimum Payment Due on the Account is the sum of (a) the Payment Amount, (b) any monthly Insurance charges, (c) any charges, such as Annual Charges, Delinquency Charges, Dishonored Check Charges, Overlimit additional Charges or Stop Payment Charges, and (d) any amounts past due (insurance charges, Finance Charge, additional charges and principal). PAYMENT AMOUNT: For purposes of this Initial disclosure, the Payment Amount Indicated on the front of this Agreement was calculated based on the initial Advance, using the indicated Amortization Basis, and assuming a 30-day billing cycle. The Payment Amount indicated on subsequent Statements of Account may vary from this initial Payment Amount because of differences in the number of days in the billing cycle, as a result of you cashing a Credit Line Account Check, cr by reason of a change In the Finance Charge rate. This open-end Account allows you, at your election, to obtain cash advances up to the applicable Credit Line. The Payment Amount portion of the MinimumPayment, defined above, will be adjusted either (a) when you obtain an additional cash advance against your Credit Line, or (b) when the periodic Finance Charge Is adjusted. There is no instance where the prompt remittance of all MinimumPayments during the Amortization Basis period will leave a Principal Balance at the end of that period. However, in a billing cycle which consists of 30 or more days, additional Finance Charge accrues, the Payment Amount will be Increased accordingly, and the repayment of this additional Finance Charge may preclude the repayment of any principal during that billing cycle. ifyou obtain an additl0nal cash advance, the Payment Amount will be recalculated using an Amortization Basis with the number of months shown an Page 1 of thIs Agreement. If the Index component of the Finance Charge rate has increased or decreased, the Payment Amountwill be recalculated an the basis of the number of months that remain outstanding in the Amortization Basis related to the last cash advance. The new Payment Amount In effect after any adjustment will be reflected on the next Statement of Account. However, If your Amortization Basis is 120 months but your Principal Balance is less than $5,000.00 or your Amortization Basis is more than 120 months but your Principal Balance is IBss than $10,000.00, the Payment Amountwill be a minimum amount unrelated to the Amortization Basis In effect. The Minimum Payment Amounts by Amortization Basis are, as follows: Amortization Basis Minimum Payment Amount 120 60.00 180 95.00 360 73.00 APPLICATION 0F PAYMENTS:Your payments on this Account are applied in the following order, (a) past due insurance charges, if any, (b) past due Finance Charge, (c) past due additional charges such as Annual Charges, Delinquency Cha es, DIshonored Check Charges, Overilmit Charges and Stop Payment Charges, if any, and past due Principal, (e) currently due insurance charges, any (f) currently due Finance Charge, (g) currently due additional charges such as Annua harges, Dellnquency Charges, Dishonored Check Charges, Óverlimit Charges and Stop Payment Charges, If any, and (h) currently due Principal, OBMCA1996 Page 2 of 7 RL 63 NY-89 (8/96) FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 REDACTED RECEIVED NYSCEF: 06/11/2024 Nameof'Bornwer: BELL,,JAMES,FRANNEMA Date of Loan: c7/27/e8 AccountN BENEFICIAL®CREDIT LINE ACCOUNT AGREEMENT (continued) TERMSANDCONDITIONS(continued) PREPAYMENT: You may pay more than the Minimum Payment due at any time. By doing so, you will reduce the Finance Charge which will accrue on your Account. You may also pay the Principal Balance in full at any time. To pay your Account in full, you must pay the Principal Balance, as well an all accrued charges, namely, Finance Charge, insurance charges and the additional charges noted in the precedmg paragraph, The Finance Charge will continue to accrue and will be collected until the date on which the Account is paid In fult P088IBLEACTl0N8: Under certain circumstances, wecan (1) terminate your Account, require you to immediately pay In full the then outstanding Principal Balance, and charge you certain fees, (2) refuse to grant you additional extensions of credit, and (3) reduce your Credit Line, More speeltic information about when we may take these actions is set forth below. DEFAULT: You will be in default if (a) you fail to meet the repayment terms set forth above; (b) you take any action, or you fall to take any necessary action, which adversely affects our security Interest in the propeny you have offered as security for this Account; or (c) you make a material misrepresentation or you engage in fraud in connection with this Account. TERMINATION0F ACCOUNT:If your Account Is In default, as defined above; we may at our option and without either notice or further demand, elminate your available credit by reducing your Credit Line to zero. If we do so, we will require you to retum to us any unused Credit Line Account Checks, and until you do so, and until the Principal Balance has been paid in full, we will not release our security Interest in the real propeny taken as security for your Account. Wewill no longer supply you wth additional Credit Line Account Checks. Wemay require you to immediately pay any Principal Balance, accrued Finance Charge, additional charges and Insurance charges. Wemay also begin foreclosure proceedings and sell the real prope securing your Account None of our rights under this Agreement, Including our security interest in the real properly securing your Account, will be mpaired Dy our decision to terminate your Account, and your obligation to repay the Principal Balance will be unaffected. OFCREDITPRIVILEGES: SUSPEM8ION Wemay temporarily prohibit additional advances, or we may reduce your Credit Line during any period in which (a) the value of the property securing this Account declines significantly below the value at which it was appraised when this Account was opened; (b) we have reason to believe that you will be unable to meet the repayment terms set forth above because there has been a material change in any of your financial chcumstances so that as of the date of any such change, you would not meet our then current standards of creditworthiness for new Barrowers; (c) you do not abide by any material obligation contained in this Agreement, including, but not limited to (i) you move from the state in which your Account was opened; or (ii) you do not allow us to appraise the real property securing your Account upon our request; (d) govemment action either precludes us from imposing the Annual Percentage Rate applicable to this Agreement, or impairs our security interest in the real property securing this Account by causing the value of the security to fall below 120% of your Credit Line; or (e) the combination of the Index and Margin would result in a Finance Charge rate greater than that referred to in the second paragraph of the Adjustment of Finance Charge Rate section on Page 1 of this Agreement. CLOSING0FACCOUNT BY YOU: Upon 30 days advance written notice to us at the address on the front of this Agreement, you may close this Account if (a) the Principal Balance on the Account and (b) you have not issued any is zero; Credit Line Account Checks which are still outstanding. Assuming both of these conditions are sadsfied, within 30 days of the receipt of your request to close the Account, we will release our security interest in the real property which secures this Account. PR0PER1YINSURANCE: A Your 00tigaHonto Insure:You shall keep the structures located on the real properJ securing this Account insured againstdamage caused by llre and ourer phystal hazards, name us as a loss payee and deliver to us a loss payable endorsement. itinsurance covering the real property is cancelled or expires while the Account is outstanding andyou do not reinstate the coverage, we mayobtain, at our opdon, hazard insurance coverage protecting our Interest In the real property as outilned below. 8. Creditor's Right to Place Hazard Insurance: You authorize us, at our option, to obtain coverage on the Property in an amount not greater than me outstanding balance of prin at and interest on the Account or, if known to be less, the replacement value of the Property, in the event that you fallto maintain the re d hazard insurance outlined above or fall to provide adequate proof of its existence. You authorize us to charge you for the costs of insurance and add the insurance charges to mePrincipal Balance of your Account, which willaccrue interestat meDalJ Periodic Rate In effect on the Account. Theaddition of these insurance charges to the Pnncipal Balance an your Account is treated just like a cash advance and will result In the recalculation of the Scheduled Monthly Payment [sometimes also refe«ed to as "Payment Amount'] on your Account using the amortization basis shown on Page 1 of this Agreement Creditor Placed Hazard insurance might be higher man the cost of standard Insurance protecting the esty. The Creditor Placed Hazard Insurance will not insure the contents of the Property or provide Ilability coverage. The insurance t not be the lowest cost coverage of its type available and you agree that we have no obilgation to obtain the lowest cost coverage. or an affiliated companymight receive some beneñt from the placement of mis Insurance and you will be charged for mefull cost of the premium without reduction for any such benefit It at any time alter we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any uneamedpremiums to your Account. ATFDRNEY'8FEES: Wemay charge and collect reasonable attomey's fees not in excess of 15%of the Principal Balance at the time of defaut if, after declaration of default, this Agreement Is referred to an attorney who is not our employee for the purpose of starting legal action and enforcing collection. ANNUALCHARGE:For your participation in the Credit Line Account Program, we may collect from you an Annual Charge in the amount of $15.00, payable In advance, for each year this Agreement is in effect. The Annual Charge for the first year will be deducted from the Initial Advance. For subsequent years that this Agreement 18 In effect, we will collect the Annual Charge from you on the anniversary date on which your Account was opened. © BMCA1996 Page 3 of 7 RL 83 NY-69 (8/96) FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 Nameof àorrower BELL,,JAMES,FRANKlEMAE Date of Loan: o7/27190 Account NREDACTED BENEFICIAL®CREDIT LINE ACCOUNT AGREEMENT (continued) TERMSANDCONDITIONS(continued) DELINGUENCY CHARGE:If you do not pay the Minimum Payment within 15 days of the Due Date shown on your Statement of Account, we will assess a Delinquency Charge equal to 2%of the Payment Amount or $20,00, whichever is less. "dishonored" DISHONORED CHARGE:Wemay collect from you CHECK a charge of $20.00 rf you issue a check that is retumed as or for 'insufficient funds' by the financial institution on which it is drawn. OVERLIMITCHARGE:Wemay collect from u a charge of $20.00 if you issue a Credit Line Account Check for which you do not have sufficient available credit and which is retumed to us the bank on which it is drawn. CHARGE:Wemay collect from you a charge STOPPAVMENT of $20.00 if you request that we Issue a stop payment order on a Credit Line Account Check which you have issued. This charge 18 Intended to reimburse us for our services In contacting and arranging with the bank on which the check is drawn to withhold payment on that item. APPLICABLELAW: The terms and conditlans of inls Agreement will be govemed by Section 6-e of the Banking Law of NewYork and Section 279 of the Real Property Law of NewYork and by the laws of the United States including Section 1735f-7a, Title 12, United States Code. This Agreement is also govemed by Part 82 of the Regulations of the New York Banking Board and Part 334 of the Superintendents Regulations. 8ECURITY: To secure this Account, you grant us a security interest in the Real Property described in the First Mortgage you are executing in connection with this Account The security Interest will be for the total of all cash advances up to the Credit Line. TAX DEDUCTIBILITY: You should consult a tax advisor regarding the deductibility of the Finance Charge and other additional charges on this Account. DEFAULTIN THEPAVMENT 0F THIS LOANAGREEMENT MAYRESULTIN THELOSSOFTiIE PROPERTY SECURINGTHELOAN. UNDERFEDERAL LAWYOUMAYHAVETHERIGHTTO CANCELTHIS AGREEMENT. IF YOUHAVETHis RIGHT, THE CREDITOR IS REQUIREDTO PROVIDEYOU WITll A 8EPARATEWRITTENNOTICE SPECIFYING THE CIRCUMSTANCESANDTIMES UNDERWHICHYOUCANEXERCISETHIS RIGHT. CREDITINFORMATION:By app ing for a Credit Line Account, you instruct and authorize us to request and receive credit information about you from any credit reporting agency, or om any third party, and, unless you advise us of your objection by calling, toll-free 1-800-848-3441, 8:00 AM to 8:00 PM, Eastern time, to transfer any credit information we may have about you to our affiliates or their agents for solicitation purposes, so that you mg leam about their credt or other offedngs. The parties agree that upon acceptance by us of the Terms of this Agreement, a binding contract under the terms and conditions on Pages 1 through 4 win come into effect You acknowledge receipt of a completed copy of this Agreement prior to any money be ng advanced by us. Accepted by Creditor: Date Witness 4te af Iature 24 of Barrower . 1 By Witness a Managar ) Signature of orrower hb. 2 SEEPAGE7 FORIMPORTANTINFORMATIONCONCERNING YOURRIGHTTO DISPUTEBILLING ERRORS. © BMoA1998 Page 4 of 7 RL 83 NY-e9 (8/96) FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 REDACTED NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 BENERCIAL®CREDIT UNEACCOUNT AGREEMENT (contiriued) CREDITINSURANCE The purchase of credit insurance 18 voluntary and is not required by us for the extenelon of credit. To obtain the coverage. you will enroll under a group credit insurance polloy offering Ilfe and dleability insurance benefits and issued to us by first Central National Life Insurance Companyof New York, which is affiliated with us. We do not act as your agent, broker or fiduciary for you on this Account We may obtain some benefit from the eale of the insurance. Life Insurance Insures your life or the IIves of you and Borrower No. 2. Disability Insurance Insures only you if you becometotally disabled for more than 30 consecutive days. Your monthly disability Insurance benefit will be equal to the amountof Finance Charge and princlpal due, constituting the Minimum Payment, In effect on the bil ng date Immediately preceding the date you becomedisabled, plus monthly insurance charges In effect at the time of your disability. The maximumamount of benefits payable for any given pedad of disability will be no more than the Principal Balance of the Accoun1 (which does not Include accrued Finance Charge and insurance charges) as of the bllilng date Immediately preceding the date you are disabled up to $35,000. By signing below, you agree to pay the monthly Insurance charge for Life Insurance or Life and DisabilMy Insurance coverage, which is Included in your Payment Amount The monthly insurance charge is computed by applying the applicable Daily Rate to each $100 of the Average Dally Balance. multiplied by the number of days in the bliling cycle.For coverage only, the appHcable Daily Rate is dependent on the Borrower's the Life Insurance attained age. The inklal Daily Rate depends on the Borrower's Date shown on the Schedule contained in the Certificate of Insurance. attained age on the Effective Thereafter, the applicable Daily Rate will be redetennined once each year based on the Borrowers attained age on January 1st of that year. If Joint Life insurance Coverage Is elected, the applicable Daily Rate wiU be determined by using the attained age of the older Borrower. The Daily Rates are as follows: Single Life $ 0.00 : Joint Life $ .004832 : Disability $ 0.00 You hereby authorize us to pay the premium for the coverage selected. See the ImpoItant infonnation Regarding Disability Insurance on Page 6 of this Agreement By signing below, I confirm that Your Election(s) as to Coverage the boxes checked are correct O want I Single Life Insurance O I do not want Life Insurance I want JoInt Life Insurance O I want Single Life and Single Disability Insurance [8) I do not want Single Insurance Disabllhy O I want Joint Life and Single Disabilky Insurance Signature of orrower 0. 1 I want Joint Life Insurance Signature of 9anower No. 2 You will receive an Insurance Certificate which contains complete Information about the Insurance coverage NDTICEOF RIGHTTOCANCELCREDITINSURANCE You may et any time cancel your Insurance coverage. If you decide to do so, you must (a) notily us in writing of your dealslan to cancel, and (b) Credit return to us the Credit Insurance Certlilcate you received. After we reoelve both your onnoollation request and the Certificate, your Credit Insurance win be eannelled, effective as of the date of your next Statement of Account. NOTICEREGARDINGCREDITLIFE ANDCREDITDIBASILITY INSURANCE: If you obtain credit Afe and/or credh disability Insurance on this Account, please read your insurance certificate carefuny. The Insurance certificate contains provisions whloh limit when you may receive credit Ilfe and credit disability benefts. The credit disability Insurance is for total disability. WILL NOTCOVER WARNIllG: THIS DISABILITy INSURANCE ADVANCESYOUOBTAINWHILE YOUAREDISABLEDORIF YOUHAVEA PRE-EXISTINGMEDICAL CDNDITION. Other provisions we wish to highlight Provisions Regarding Pre-existing Medical Condition: Please note that as to each advance on your Account, the insurance company will not pay a disability benefit related to that advance If the disability begins within six months after the date of that advance as a result of a pre-existing medical condition. A pre-existing medical condition is one for which you received medical advice, consultation or treatment within six months before the date of an advance. Provisions Regarding an lintruthful or Fraudulent Statements: Within the two year period after the date of application for Insurance. the Insurance comparly may void the credN life or credit disabltity Insurance or deny a claim If you madean untruthful statement or omitted significant information about your health in your appilcetion for the Insurance. The Insurance company may not do so after the two year period. NewCredit Line Acco nt: If you obtain a new Credit Line Account and complete a new application for Insurance, the same provisions regarding an untruthful statement or omitted health information will apply during the two-year period after the date you opened your Account © BMCA1996 Page 5 of 7 RL 63 NY-69 (8/96) FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 REDACTED RECEIVED NYSCEF: 06/11/2024 Nameof horrower: BELL,,JAMES,FRANKlEMAE Date of Loan: o7/27198 Account No.: BENEFICIAL®CREDIT LINE ACCOUNT AGREEMENT (continued) CREDITPROPERTYINSUltANCE Webeve the right to require insurance an the property serving as security for this Account. Property insurance may be purchased through any Insurance agent or broker. INSURANCECOVERAGE: Credit property insurance is written hy Wesco Insurance Company (Wesco), which 18 affiliated with us. You will obtain coverage under a Real Estate Loan Insurance (REll) Policy that offers protection against loss or damageto your home and which Is Issued to you and us by Wesco. One of our employees is an agent of Wesco. That employee is not acting as agent, broker or fiduciary for you on this Account We, an affiliate, or the agent of Wesco may realize some benefit trom the sale of the credit property insurance. TYPEOFCOVERAGE: The REll Policy will Insure both you and us against the effects of damageto or destruction of your home built on the real property securing the Credit Line Account Agreement Payments under the Policy will begin when your homebecomes unhabitable, which meansthat your home has been made unfit for the use as a reeldence. If your homebecomestemporarily unhabitable for more than 2 days, for each day your home is temporarily unhabitable, Wesco will pay us a payment equal to 1/30th of the Minimum Monthly Payment on your Account which we will apply on your Account If you do not begin to repaIr, restore or reconstruct your homewithin 90 days of the date of loss, no further payments will be made. If your homebecomespermanently unhabitable because It cannot be madefit for use as a residence by any type of repalt, restoration or reconstruction, It is considered a total loss for which Wesco will pay us the Principat Balance at the date of loss plus any unpaid interest that Is also due es of the date of loss. if a total loss occurs while the RELI Polley 18 in effect, this payment to us by Wesco will pay your Account In full. YOURELECTl0NAS TO REALESTATELOANINSURANCECOVERAGE O u want Real Estate Loan Insurance You do not want Real Estate Loan Insurance By signing below, you agree to pay the monthly premium bliled (included in your Minimum Payment) for the RELI Protection, which premium is calculated by applying the Daly Rate of $0,00 to each $100 of the Average Daily Balance, multiplied by the number of daye In the billing cycle. The amount of the RELI Protection will not exceed the Principal Balance at the time of any billing, and any cash advance on your Account between billing dates will not Increase the Insurance coverage. Adjustments for any cash advances will be madeat the time of the next billi ,. By signing below, you confirm that the boxes checked are correct signature of Insured Borrower IMPOlTTANTINFORMATIONREGARDINGDISABILITY INSURAllCE If yotr obtain any further advances after you become disabled, although the Payment Amount on your Account will Increase, the amount of your monthy Disability Insurance benefit will be fixed at the amount of the Payment Amount In effect as of the billing date immediately preceding the date your are disabled. You will be responsible for payment of the difference between the monthly Disability Insurance benefit and the Payment Amount In effect after any such additional advance. When you have received In monthly Disability Insurance benefits an amoun1 equal to the Principal Balance as of the b)lling date immediately prior to the occurrence of disability, you will not be paid any further Disability insurance benefits even though the period covered by that particular occurrence of disability could continue. Monthly disability benefits are not applied exclusively to the Principal Balance, and as a result, it Is possible that a portlan of the Principal Balance will remain outstanding once the maximumamount of benefite payable has been ettained. You will be obligated to pay any remaining Principal Balance without any further assistance from the monthly DIsability Insurance benefits. , © BMCA1996 Page 6 of 7 RL 63 NY-69 (8/96) FILED: ERIE COUNTY CLERK 06/11/2024 06:36 PM INDEX NO. 808520/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 REDACTED BENEFICIAL®CREDIT LINE ACCOUNT AGREEMENT (continued) VDURBILLING RIGHTS-KEEPTHIS NOTICEFORFUTUREUSE This notice contains Important Informanon about your rights and our responelbilities under the Falf Credit Billing Act Notify LIs In case of Errors er Guestions About Your Statement ef Account If you thinkyour Statement Is wrong, or if you need more information about a transaction on your Statement, write us on a separate sheet at the address Ilsted on your Statement. Wrlte to us as soon as possible. Wemust hear from you no later than 60 days after we sent you the flrat Statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: " Your name and account number, " The dollar amount of the suspected error. " Describe the error and explain, If you can, why you believe there is an error, If you need more Information, describe the Item you are not sure about Your Rights and Our ResponsiblHtles After WeReceive Your Written Notice Wemust acknowledge your letter within 30 days, unless we have corrected the error by then, Within 90 days, we must either correct the error or explain why we believe the Statement was correct After we recolve your letter, we cannot try any amount you queetlan, or report you as delinquent to collect