Preview
FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST. LAWRENCE
SEACOMM FEDERAL CREDIT UNION Index No.:
30 STEARNS STREET
MASSENA, NY 13662
Plaintiff, SUMMONS
vs.
The basis of the venue is the locatior
JEREMY D. MCNAMARA where the cause of action arose:
8 HULL STREET St. Lawrence County, New York, 13617
COLTON, NEW YORK 13625
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court,
located at the Courthouse, 48 Court Street, in the Village of Canton, County of St. Lawrence,
State of New York, to answer the annexed complaint in this action and to serve a copy of your
answer*
to the annexed complaint upon plaintiff's attorney at the address stated below, or if
there is no attorney, upon the plaintiff at the address stated above, within the time provided by
law as noted below; upon your failure to so answer, judgment will be taken against you for the
relief demanded in the complaint, together with costs f s action.
Dated: November d, 2019 CONBOY, M AC DALL, LLP
Watertown, NY
By:
S/ott 4-6oldie, Esq.
Attorneys For Plaintiff
Office And Post Office Address
407 Sherman Street
Watertown, New York 13601
Tele: 315/788-5100
SUMMONS - 1
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
Despite this requirement, you may still dispute this debt. However, unless you notify this
office within 30 days after receiving this notice that you dispute the validity of this debt or any
portion thereof, this office will assume this debt is valid. If you notify this office in writing within
30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy
of a judgment and mail you a copy of such judgment or verification. If you request of this office in
writing within 30 days after receiving this notice, this office will provide you with the name and
address of the original creditor, if different from the current creditor.
This communication is from a debt cellecter and is an attempt to collect a
debt and any information obtained will be used for that purpose.
NOTE: The law provides that:
1. If this summons is served by itsdelivery to you personally within the State of New
York, you must answer within 30 days after such service; or
2. If this summons is served by delivery to any person other than you personally, or is
served outside the State of New York, or by publication, or by any means other than personal
delivery to you within the State of New York, you are allowed 30 days after service is complete
within which to answer.
*You need not physically go to the court to serve an answer.
SUMMONS - 2
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST. LAWRENCE
SEACOMM FEDERAL CREDIT UNION Index No.:
Plaintiff,
VERIFIED COMPLAINT
vs.
JEREMY D. MCNAMARA
Defendant.
Plaintiff, by and through itsattorneys, Conboy, McKay, Bachman & Kendall, LLP
complaining of the named defendant, hereby alleges upon information and belief:
1. Plaintiff is a federally chartered Credit Union with an office located at 30 Stearne
Street, Massena, New York 13662.
2. Upon information and belief, Defendant, Jeremy D. Menamara, resides at 8 Hull
Street, Colton, New York 13617.
3. On or about October 24, 2018, Defendant executed a personal loan by endorsing
and cashing a live check loan received from the Plaintiff, whereby Defendant promised to pay
Plaintiff the sum of $3,000.00, plus interest at an annual percentage rate of 10.00%. True copies
of such Endorsed Cashed Check and Loan and Security Agreements and Disclosure Statement
are attached hereto annexed as Exhibit "A".
4. The Defendant is in default and owes to Plaintiff by virtue of such loan agreement
the sum of $3,000.00, which sum includes interest at the anmml percentage rate of 10.00%
through April 24, 2019.
SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
WHEREFORE, the Plaintiff demands judgment against the Defendant for a total of
$3,000.00, together with costs, and disbursements, and such other and further relief as the Cour
may deem just and proper.
DATED: November , 2019 CONBOY, c Y, B NDALL, LLP
By:
S B. GOL
ATTORNEYS FO INTIFF
OFFICE AND POST OFFICE ADDRESS
407 SHERMAN STREET
WATERTOWN, NEW YORK 13601
TELE: 315-788-5100
SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
STATE OF NEW YORK
ss.:
COUNTY OF ST. LAWRENCE
Sherry L. Thompson, being duly sworn, deposes and says that she is the Vice President of
Retail Operations for the plaintiff, SeaComm Federal Credit Union, in the above-entitled action;
that she has read the foregoing complaint and knows itscontents; that the same is true of her own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
that as to those matters, she believes itto be true.
SHE Y THO SON
Sworn to before me this
day of Û()0tryl , 2019.
Notary Public
SHERRY L DEVLIN
Notary Public,State ofNew York
St.Lawrence #01DE6068501
Commission Expires
01/07/AL
SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
EXHIBIT A
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Extra Stash of ash
You're Pre-Approved for a Personal Loan!
Dear , Use your inoney to:
/ Get a head starton holiday shopping
Feeling the crunch of seasonal expenses? SeaComm is here
/ consoNate Nghate deM
<$XXX.XX> foryou! we've pre-approved you for a s3,000 personal
/ Jet away on a luxury vacation
24 MonthlyPayments !can so you can keep seeing green allseason long.
/ Prepare foremergency expenses
..............................................................................................................................................
This deal won't last forever, so rake in the daugh today!
Just cash the attached
check beforeJanuary31, 2018. Questions?
Contact SeaComm FCU at 800-764-0566.
Thecostof mycreditasa yearlyrate Theamountofcreditprovidedto meTheamountI willhavepaidafterI have
Thedollaramountthecreditwillcostme on mybehalf madeallpayments
asscheduled
APR* <$X,XXX> <$X,XXX> <$X,XXX>
"prescreened"
You can choose tostop m~ining offersof creditfrom thisand otherc.ompanies bycallingtoll-free1-888-567-8688.
See PRESCREEN & OPT-OUT NOTICE on the other sidefor moreinformation about prescreened offers.
< XXXX >
Exp. January 31,2018
50-7653
2213
DATE < XX/XX/XXXX >
PAY TO
3,000.00
THE ORDER OF < FIRST NAME AND LAST NAME >
THREE THOUSAND AND 00/100 DOLLARS
=IX X X X X X X X X .IX X X X X X X X X X X X , X X×X
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
Promissory Note
OUR NAME AND ADDRESS: SeaCommFederalCreditUnion, NY13662
305teamsSt.,Massena,
SeaCommFederalCreditUnion,andanyoneelsetowhomthisnoteisassigned.
TheParties:"I,""my"or"me"referstotheburiuwerwhoendorsestheendosedcheck."You"or"your"referstothecreditor,
PROMISE TO PAY: I promiseto payyoutheAmountFinancedplusinterestontheunpaidbalanceoftheAmountFinancedattheAnnual"crcentage!latedisdosedonthereverse
side.Iagreetopay
youaccordingto thePaymentScheduleshownonthereverseside.Mylastpaymentwillequalallunpaid
AmountFinancedand
FinanceCharges
underthisnote.Youmayapplymypaymentsto theamount
aslongasit complieswithapplicablelawsandregulations.
owedinanyorderyouchoose will becansidered
Payments madewhenthepaymentisactuallyreceivedatthelocationdesignatedbyyoufor
suchpayments.Prepaymentswillnotaffectmyremainingscheduledpaymentsbutwillresultinearlierrepaymentofmyloan.Ifldonotmakepaymentsasscheduled,mylastpaymentmaybelargerthan
my otherpayments.
ITEMIZATION OF AMOUNT FINANCED:Bymyendorsingtheendosedcheck andyourdisbursingtheproceedstome,you
havegiventhe entireAmountFinanceddirectlytome.
DEFAULT: If I fail to makeapaymentwhendueunderthisnote,Iwillbein default,andyoumayrequireimmediaterepaymentoftheunpaidbalanceofthisloan,eventhough
it isnotyetotherwise
due.1willalsooweanya«ruedbut unpaidinterest.Youmayrequirerepaymentof theseamountswithout givingmeanyadvancenotice.FAILURE TO PAY: If Ifail to paytheamountI oweunderthis
in probateor bâakiüptcyviif youhaveto sueme,I agreeto payall actualcourtcostsincurredbyyou
noteandyoureferthemattertocollectionbyanattomey,ifyouhaveto collectthroughproceedings
andtheattomey'sfeesassessed
bythecourt.LATE CHARGE:If my paymentis late,I will becharged$10.00after10daysof theduedate.RETURNED
CHECK CHARGES: Youmaycharge
meafeeof $25.00ifI payyouwith acheckthatislaterreturnedunpaid.O FF-SET: I agreethatyoumayoff-setanyamount
dueandpayableunderthisnoteagainstanyrightl haveto receiverasaey
havewith youandanymoneyowedtomeonanitempresentedtoyouorinyourpossessionforcollectionorexchange.OTHER
fromyou,indudinganydepositaccountl TERMS: lacknowledgethatI
Thisagreementisbindinguponmeandanyonetakingmy
amobtainingthisloanforpersonal,familyorhouseholdpurposes.Ifanyprovisionofthisnoteisinvalid,theotherprovisionswillremainineffect.
andlegalrepresentatives.
place,indudingheirs,successors Thecreditunionza!seacceptpartialorlatepayments,eveniftheyaremarked"PaidinFull,"withoutlosinganyof itsrights.
"prescreei.ed" certain
PRESCREEN6 OPT-OUT NOTICE: This offerof credit
is based
on informationin your
creditre ort that
indicating you meet
This offer
criteria. if you do
is not guaranteed not meet our criteria.
If you do not want to
receiveprescreenedoffersof credit
fromthis and other
agencies'
companies, call the consumerreporting notification
system at 1-888-567-8688or write
them individually:
ExperianTargetMarketing,
P.0. Box 919, 701 Experian
Parkway TX 75013;
B2, Allen, EquifaxOptions,P.O. Box 740123,
Atlanta,GA 30374-0123; TransUnionCorporation,
Attn;MarketingOpt Out, P.O. Box 97328,
Jackson, MS 39288-7328.
*APR=Ann ual Percentage Rate. Rates are determined by your creditscore.This is a limited-time
offerand can be canceled at any time.
This offercannot be combined withany other offer orpromotion. Other loan terms are availableoutside ofthis Other
offer. restrictions
or
conditions may apply. Offer expiresJanuary 31, 2018.See a SeaComm representativefor furtherdetails.
Insured by NCUA
Federally
O- O
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
LOan and Security Agreements
and Disclosure Statement
LOAN DATE LOAN NUMBER ACCÖUNTNUÑiBER GROUPPOUCY NUMBER MATURITYDATE
10/24 /2018 04 031-1450-8 10/24/2020
BORROWER 1 BORROWER 2
NAMEANDADDRESS NAME(ANDADDRESSIFDIFFERENT
FROMBORROWER 1)
Jeremy D Mcnamara
8 Hull St
Colton NY 13625
'e' actim=*a
TRUTH IN LENDING DISCLOSURE means an
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total ofPayments Total Sale Price
The cost of your credit as a yearly rate.
The dollar amount theThe amount or creditThe amount you will
have The total cost of your purchaseon credit is
credit will cost you.Provided to you or on
paid after
you have made
your behalf. all payments as scheduled.
10.000% % $ $322 . 78 $ $3 , 000 . 00 $ $3, 322 . 78 a npay ent of S
Your Payment Schedüin WillBe: Prepayment: Ifyou pay off early you willnot have to
Pay a penalty
Number of Payments Amount of Payments When Payments Are Due
24 $ $13 8 . 45 MONTHLY Beginning 11/24 /2018 . Deposit:The Annual Percentage Rate does
not take intoaccount your requireddeposit, ifany.
$ Demand: This obligationhas a demand feature.
Alldisclosures arebased on an assumed
-naturityof one year.
Property Insurance: You may obtain property insurance from anyone you
want thatis acceptableto the CreditUnion. If youget the insurancefrom us, FilingFees Insurance
Non-Filing
you willpay $
Late Charge:
If payment is late you will be charge $10.00 after 10 days.
Security: Collateral
securing other loans with the Credit Union ma also secure thisloan. You are givinga security interestin your
shares and divideridsand, ifany,your deposits and interestin the reditUnion; and the property describedbelow:
Collateral Property/MGdc:/Make Year I.D.Number Type Value Key Number
$
$
$
Other (Describe)
Pledge of Shares $ in Account No. $ in Account No.
See your contractannumants forany additional
information about nGapayinent, default,and any required repayment in full
before the
scheduled date.
SIGNATURES
By si ning, or otherwise authenticatin , as Barrawer, you a ree to the terms of the Loan Agreement. If pro erty is
"Security"
descrl ed in the section o the Truth in Lending isclosure, you also agree to the terms of the ecurity
Agreement. Ifyou sign, or otherwise authenticate, as "Owner of Property you agree only to the terms of the Security
Agreement.
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT.
Borrower 1 Signature Date Borrower2 Signature Date
10/24/20 10/24/201
X X S.,n
(Seai>
Jeremy D Mcnamara
Sign:t= 5gnature
10/24 10/24 It
X (Seai) (Seal)
OtherBorrower Owner of Property Witness OtherBorrower O Owner ofProperty Witness
©CUNAMutualGroup1999, 2000, 01, 02, OS,06, 08 All RightsReserved NXXO29-e
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
Credit UnionSeacomm Federal Credit Union Loan No. 04 Acct.No.
Borrower(s)
Jeremy D Mcnamara
ITEMlZATION OF THE AMOUNT FINANCED
ltemizationof Amount Financed of Amount Given to You Directly Amount Paid on Your Account PrepaidFinance Charge
$ $3 , 000. 00 $ $ $
AG.ssts Paidto Others on Your Behalf: (lfan amount ismarked with an asterisk(*) we willbe retaining a portionof theamount.)
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
LOAN AGREEMENT
Union," "we," "our," "us,"
In this Loan Agrêêmênt allreferences to "Credit or mean Credit Union
("Agreement") the "you," "your"whose name
appears above and anyone to whom the CreditUnion assigns or transfersthisAgreement. All rêfersacesto or mean each
person who signs,or atherydse authenticates,this Agreement as a borrower.
1. PROMISE TO PAY - You promise to pay $ $3 , 000. 00 to the CreditUnion plusintereston the unpaid balance untilwhat you owe
has been repaid. Forfixed rateloans the interestrateis10 . 000%% Per year.
CollectionCosts:
You agree to pay all costs of collecting the amount you owe under this Agreement,
including court cost and reeseneb!e
attorney fees.
2. PAYMENTS -You promise to make payments of the amounÛepay what vou owe under thisAgreement or ifyou are indefault
and at the timeshown in theTruth in Lending Disclosure.You may under any other loan agreement you have with us.
prepay any amount without penalty. If you prepay any part of 6. ACTIONS AFTER DEFAULT - When you arein default,we may
what you owe, you are stillrequired to make the regularly demand immediate payment of the entireunpaid balance under this
scheduled payments, unless we have agreed to a change in the Agreement. You waive any right you have to receive demand for
payment schedule. Because thisis a simple interestloan, ifyou payment, noticeof intentto demand immediate pêÿmêGt and notice
do not make payments exactly as scheduled, your finalpayment of demand for immediate payment. If we demand immediate
may be more orless than the amount of the final
payment that is payment, you willcontinue topay interestatthe rateprovided forin
disclosed. Ifyou elect voluntary payment protection, we will thisAgreement, untilwhat you owe has been repaid.We willalso
either includethe premium or program fee in your payments or apply against what vou owe any shares and/or deposits given as
extend theterm ofyour loan. Ifthe term is extended, you willbe secunty under this Agreement. -We may also exercise any other
required to make additionalpayments of the scheduled amount, rightsgiven by law when you are indefault.
until what you owe has been paid. You promise to make all 7. EACH PERSON RESPONSIBLE - Each person who signs, or
aymêñts to the place we choose. Ifthisloan refinances another otherwise authenticates, this Agreement willbe and
individually
oan we have with you, the other loan will be canceled and jointly responsible for paying the entireamount owed under this
refinanced as of the date of thisloan. Unless otherwise required Agreement. This means we can enforce our rights againstany one
by law, payments willbe appliedto amounts owed in the manner oryou or
individually againstallof you together.
we choose. 8. LATE CHARGE - If you are late in a payment, vou
- making
3. LOAN PROCEEDS BY MAIL If the proceeds of this loan are promise to pay the late charge shown in the Truth in Lending
mailed to you, intereston this loan begins on the date the loan Disclosure.Ifno latecharge is shown, you willnot be charged one.
proceeds are mailed to you. 9. DELAY IN ENFORCING RIGHTS - W-e can of
- delay enforcing any
4. SECURITY FOR LOAN This Agreement is secured by all ourrights under thisAgreement any number oftimes without losing
"Security"
property describedin the section ofthe Truth inLending the ability to exercise our rights later. We can enforce this
Disclosure. Property securing other loans you have with us also Agreement aoainst vour heirsor legalrepresentatives.
secures this loan,unless the property isa dwelling. Inaddition to 10. CONTINUED EFFECTIVENESS - If
any partof thisAoreement is
your pledge of shares, we may also have what is known as a determined by a court to be unenforceable, the restwil remain in
statutoryglen onallindividualand jointaccounts you have with us. effect.
A statutorylien means we have the rightunder federal law and 11. NOTICES - Notices will be sent to you at the most recent
many state laws to claim an interestin your accounts. We can address you have given us inwriting.Notice to any one of you will
enforce a statutory lienagainst your shares and dividends, and if be noticeto all.
any, interestand oeposits, inallindividualand joint accounts you 12. USE OF ACCOUNT - You promise to use your account for
have with us tosatisfyany outstanding financial
obligation thatis consumer (personal, family or household) purposes, unless the
due and payable to us.We may exercise our rightto enforce this CreditUnion ives you written permission to use theaccount also
lienwithout further noticeto you, to the eXtentpermitted by law. foragriculturaÎ
or commercial purposes, or topurchase realestate.
For allborrowers: You pledge as securityfor thisI.oanall _shares 13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A
and dividends and, ifany, alldeposits and interestinall joint
and "WRITTEN LOAN AGREEMENT"
now PURSUANT TO SECTION 26.02
individualaccounts you fiavewith the Credit Union and in the
future.The lienand/or your willallow OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH
statutory pledge us toapply
the funds inyour to what you owe when you are in SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT
account(s)
default.The lienand your pfedge do not to REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES
statutory apply any
IndividualRetiremêñ, Account or any other account that would AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
lose ecialtax treatment under state or federal law ifgiven as CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF
securi . THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS
5. DE ULT - You will be indefault under thisAgreement ifyou BETWEEN THE PARTIES.
do not make a payment of the amount requiredon or beforethe
date itisdue. You willbe indefault ifyou break promise you 14. OTHER PROVISIONS -
any
made in connection with thisloan or ifanyone isin defaultunder
any security agreement made inconnection with thisAgreement.
You will be in default if you die, filefor bankruptcy, become
insolvent (that is,unable to pay your billsand loans as they
become due), orif you made any Talse or misleadingstatements in
your loan application.You will also be in default if something
happens that we believe may seriously affect your ability to
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019
CreditUnion Seacomm Federal Credit Union Loan No. 04 Acct.No.
Borrower(s)Jeremy D Mcnamara
SECURITY AGREEMENT
Union," "we," "our"
In thisAgreement allreferences to "Credit or payments to us and (2)the cost of determining compliance with the
"us" appears on thisdocument insurance requiramañts. Ifwe add amounts for fees or
mean the CreditUnion whose name taxes,
and anyone to whom the Credit Union assigns or transfersthis insurance to the unpaid balance of the Loan, we may increase your
"Loan" in amount term ofthe insurance
Agreement. Allreferences tothe mean the loandescribed payments to pay the added within the
the Agreement that ispart ofthis document. Allreferences to or term of theLoan.
"you"Loan your"
person who or otherwise 7. INSURANCE NOTICE - If you do not purchase the required
or mean any signs,
authenticates,thisAgreement. property insurance, theinsurance we may purchase and charge you
1. THE SECURITY FOR THE LOAN - You giveus what known as
is "Security"for willcover onlyour interestin the Property.The premium for this
a security interestin the property described in the insurance may be higher because the insurancecompany may have
section of the Truth in Lending Disclosure that is part of this given us the nght to purchase insurance after uninsuredcollateralis
document ("theProperty").The security interestyou give includes fost or demaned. The insurance will not be insurance
liability and
all accessions. Accessions are things which are attached to or willnot satisfyany state financial or
responsibility no faultlaws.
installedinthe Property now or inthe future. The interest8. DEFAULT - You willbe in defaultifyou break promise you
security any
also includes any repfacements for the Property which you buy make or failto perform any obligation you have under this
within 10 days of the Loan and any extensions, renewals or Agreement. You willbe indefault ifany property you have given us
refinancings of the Loan. Italso includes any money you receive as security is repossessed by someone else, seized under a
from selling the Property or from insurance you have on the forfeiture or similar law, or if anything else happens that
Property. Ifthe valueof the Property declines,you promise to give significantlyaffects the value of the property or our security
us more propertyas securityifasked to do so. interestin You
it. willalso be indefault under thisAgreement ifthe
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL Loan is in default.
PROVISIONS - The security interestsecures the Loan and 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in
any
extensions, renewals or refinancings of the Loan. The security default, we may demand immediate payment of the outstanding
interestalso securesany otherloans, includingany creditcard loan, balance of the Loan without giving you advance notice and take
you have now or receive in the future from us and any other possession of the Property.You agree the CreditUnion has the right
amounts you owe us for any reason now or in the future,except to take possession of the Property without judicialprocess if this
any loan secured by your principal dwelling. Ifthe Property is can be done without breach of the peace. If weask, you promise to
household goods as definedby the FederalTrade Commission Credit deliverthe Property at a time and place we choose. Ifthe property
Practices Rule or your principaldwelling, the Property will secure is a motor vehicle orboat, you agree that we may obtain a key or
only thisLoan and not other loans oramounts you owe us. other device necessary to unlock and operate it,when you arein
3. OWNERSHIP OF THE PROPERTY -You promise that you own the default. We will not be responsible for other not
any property
Property or,ifthisLoan is tobuy the Property, you promise you will covered by this Agreement that vou leave insidethe Property or
use the Loan proceeds for that purpose. You promise that no one that isattached to the Property. We willtryto retum that property
else has any interestin orclaim against the Propertythat you have to you or make it
available foryou to claim.
not already told us about. You promise not to sell or fease the After we have possession of the Property, we can sellitand apply
Property orto use itas securityfora loan with another creditoruntilthe money to any amounts you owe us.We will giveyou noticeof
the Loan is repaid.You promise you willallow no other security any public dispositionor the date after which a privatedisposition
interestor lientoattach tothe Property eitherby your actions orby wiTIbe held.Our expenses for taking possession of and sellingthe
operation oflaw. Property willbe deducted from the money receivedfrom the sale.
4. PROTECTING THE SECURITY INTEREST - Ifyour state issues a Those costs includethe cost of the Property,
may storing preparing
titlefor the Property, you promise to have our security interestitfor sale and attorney's fees to the extent permitted under state
shown on thetitle.We may have to filewhat is calleda financing law or awarded under the Bankruptcy Code.
statement toprotect oursecurity interestfrom the claimsof others. Ifyou have agreed to pay the Loan, you must pay any amount that
You irrevocably authorize us to execute (on your behalf), ifremains unpaid after the salemoney has been appliedto the unpaid
applicable, and fileo
Preview
FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE SEACOMM FEDERAL CREDIT UNION Index No.: 30 STEARNS STREET MASSENA, NY 13662 Plaintiff, SUMMONS vs. The basis of the venue is the locatior JEREMY D. MCNAMARA where the cause of action arose: 8 HULL STREET St. Lawrence County, New York, 13617 COLTON, NEW YORK 13625 Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court, located at the Courthouse, 48 Court Street, in the Village of Canton, County of St. Lawrence, State of New York, to answer the annexed complaint in this action and to serve a copy of your answer* to the annexed complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below; upon your failure to so answer, judgment will be taken against you for the relief demanded in the complaint, together with costs f s action. Dated: November d, 2019 CONBOY, M AC DALL, LLP Watertown, NY By: S/ott 4-6oldie, Esq. Attorneys For Plaintiff Office And Post Office Address 407 Sherman Street Watertown, New York 13601 Tele: 315/788-5100 SUMMONS - 1 1 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 Despite this requirement, you may still dispute this debt. However, unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. This communication is from a debt cellecter and is an attempt to collect a debt and any information obtained will be used for that purpose. NOTE: The law provides that: 1. If this summons is served by itsdelivery to you personally within the State of New York, you must answer within 30 days after such service; or 2. If this summons is served by delivery to any person other than you personally, or is served outside the State of New York, or by publication, or by any means other than personal delivery to you within the State of New York, you are allowed 30 days after service is complete within which to answer. *You need not physically go to the court to serve an answer. SUMMONS - 2 2 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE SEACOMM FEDERAL CREDIT UNION Index No.: Plaintiff, VERIFIED COMPLAINT vs. JEREMY D. MCNAMARA Defendant. Plaintiff, by and through itsattorneys, Conboy, McKay, Bachman & Kendall, LLP complaining of the named defendant, hereby alleges upon information and belief: 1. Plaintiff is a federally chartered Credit Union with an office located at 30 Stearne Street, Massena, New York 13662. 2. Upon information and belief, Defendant, Jeremy D. Menamara, resides at 8 Hull Street, Colton, New York 13617. 3. On or about October 24, 2018, Defendant executed a personal loan by endorsing and cashing a live check loan received from the Plaintiff, whereby Defendant promised to pay Plaintiff the sum of $3,000.00, plus interest at an annual percentage rate of 10.00%. True copies of such Endorsed Cashed Check and Loan and Security Agreements and Disclosure Statement are attached hereto annexed as Exhibit "A". 4. The Defendant is in default and owes to Plaintiff by virtue of such loan agreement the sum of $3,000.00, which sum includes interest at the anmml percentage rate of 10.00% through April 24, 2019. SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA 3 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 WHEREFORE, the Plaintiff demands judgment against the Defendant for a total of $3,000.00, together with costs, and disbursements, and such other and further relief as the Cour may deem just and proper. DATED: November , 2019 CONBOY, c Y, B NDALL, LLP By: S B. GOL ATTORNEYS FO INTIFF OFFICE AND POST OFFICE ADDRESS 407 SHERMAN STREET WATERTOWN, NEW YORK 13601 TELE: 315-788-5100 SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA 4 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 STATE OF NEW YORK ss.: COUNTY OF ST. LAWRENCE Sherry L. Thompson, being duly sworn, deposes and says that she is the Vice President of Retail Operations for the plaintiff, SeaComm Federal Credit Union, in the above-entitled action; that she has read the foregoing complaint and knows itscontents; that the same is true of her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, she believes itto be true. SHE Y THO SON Sworn to before me this day of Û()0tryl , 2019. Notary Public SHERRY L DEVLIN Notary Public,State ofNew York St.Lawrence #01DE6068501 Commission Expires 01/07/AL SEACOMM FEDERAL CREDIT UNION VS. JEREMY D. MCNAMARA 5 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 EXHIBIT A 6 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 Extra Stash of ash You're Pre-Approved for a Personal Loan! Dear , Use your inoney to: / Get a head starton holiday shopping Feeling the crunch of seasonal expenses? SeaComm is here / consoNate Nghate deM <$XXX.XX> foryou! we've pre-approved you for a s3,000 personal / Jet away on a luxury vacation 24 MonthlyPayments !can so you can keep seeing green allseason long. / Prepare foremergency expenses .............................................................................................................................................. This deal won't last forever, so rake in the daugh today! Just cash the attached check beforeJanuary31, 2018. Questions? Contact SeaComm FCU at 800-764-0566. Thecostof mycreditasa yearlyrate Theamountofcreditprovidedto meTheamountI willhavepaidafterI have Thedollaramountthecreditwillcostme on mybehalf madeallpayments asscheduled APR* <$X,XXX> <$X,XXX> <$X,XXX> "prescreened" You can choose tostop m~ining offersof creditfrom thisand otherc.ompanies bycallingtoll-free1-888-567-8688. See PRESCREEN & OPT-OUT NOTICE on the other sidefor moreinformation about prescreened offers. < XXXX > Exp. January 31,2018 50-7653 2213 DATE < XX/XX/XXXX > PAY TO 3,000.00 THE ORDER OF < FIRST NAME AND LAST NAME > THREE THOUSAND AND 00/100 DOLLARS =IX X X X X X X X X .IX X X X X X X X X X X X , X X×X 7 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 Promissory Note OUR NAME AND ADDRESS: SeaCommFederalCreditUnion, NY13662 305teamsSt.,Massena, SeaCommFederalCreditUnion,andanyoneelsetowhomthisnoteisassigned. TheParties:"I,""my"or"me"referstotheburiuwerwhoendorsestheendosedcheck."You"or"your"referstothecreditor, PROMISE TO PAY: I promiseto payyoutheAmountFinancedplusinterestontheunpaidbalanceoftheAmountFinancedattheAnnual"crcentage!latedisdosedonthereverse side.Iagreetopay youaccordingto thePaymentScheduleshownonthereverseside.Mylastpaymentwillequalallunpaid AmountFinancedand FinanceCharges underthisnote.Youmayapplymypaymentsto theamount aslongasit complieswithapplicablelawsandregulations. owedinanyorderyouchoose will becansidered Payments madewhenthepaymentisactuallyreceivedatthelocationdesignatedbyyoufor suchpayments.Prepaymentswillnotaffectmyremainingscheduledpaymentsbutwillresultinearlierrepaymentofmyloan.Ifldonotmakepaymentsasscheduled,mylastpaymentmaybelargerthan my otherpayments. ITEMIZATION OF AMOUNT FINANCED:Bymyendorsingtheendosedcheck andyourdisbursingtheproceedstome,you havegiventhe entireAmountFinanceddirectlytome. DEFAULT: If I fail to makeapaymentwhendueunderthisnote,Iwillbein default,andyoumayrequireimmediaterepaymentoftheunpaidbalanceofthisloan,eventhough it isnotyetotherwise due.1willalsooweanya«ruedbut unpaidinterest.Youmayrequirerepaymentof theseamountswithout givingmeanyadvancenotice.FAILURE TO PAY: If Ifail to paytheamountI oweunderthis in probateor bâakiüptcyviif youhaveto sueme,I agreeto payall actualcourtcostsincurredbyyou noteandyoureferthemattertocollectionbyanattomey,ifyouhaveto collectthroughproceedings andtheattomey'sfeesassessed bythecourt.LATE CHARGE:If my paymentis late,I will becharged$10.00after10daysof theduedate.RETURNED CHECK CHARGES: Youmaycharge meafeeof $25.00ifI payyouwith acheckthatislaterreturnedunpaid.O FF-SET: I agreethatyoumayoff-setanyamount dueandpayableunderthisnoteagainstanyrightl haveto receiverasaey havewith youandanymoneyowedtomeonanitempresentedtoyouorinyourpossessionforcollectionorexchange.OTHER fromyou,indudinganydepositaccountl TERMS: lacknowledgethatI Thisagreementisbindinguponmeandanyonetakingmy amobtainingthisloanforpersonal,familyorhouseholdpurposes.Ifanyprovisionofthisnoteisinvalid,theotherprovisionswillremainineffect. andlegalrepresentatives. place,indudingheirs,successors Thecreditunionza!seacceptpartialorlatepayments,eveniftheyaremarked"PaidinFull,"withoutlosinganyof itsrights. "prescreei.ed" certain PRESCREEN6 OPT-OUT NOTICE: This offerof credit is based on informationin your creditre ort that indicating you meet This offer criteria. if you do is not guaranteed not meet our criteria. If you do not want to receiveprescreenedoffersof credit fromthis and other agencies' companies, call the consumerreporting notification system at 1-888-567-8688or write them individually: ExperianTargetMarketing, P.0. Box 919, 701 Experian Parkway TX 75013; B2, Allen, EquifaxOptions,P.O. Box 740123, Atlanta,GA 30374-0123; TransUnionCorporation, Attn;MarketingOpt Out, P.O. Box 97328, Jackson, MS 39288-7328. *APR=Ann ual Percentage Rate. Rates are determined by your creditscore.This is a limited-time offerand can be canceled at any time. This offercannot be combined withany other offer orpromotion. Other loan terms are availableoutside ofthis Other offer. restrictions or conditions may apply. Offer expiresJanuary 31, 2018.See a SeaComm representativefor furtherdetails. Insured by NCUA Federally O- O 8 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 LOan and Security Agreements and Disclosure Statement LOAN DATE LOAN NUMBER ACCÖUNTNUÑiBER GROUPPOUCY NUMBER MATURITYDATE 10/24 /2018 04 031-1450-8 10/24/2020 BORROWER 1 BORROWER 2 NAMEANDADDRESS NAME(ANDADDRESSIFDIFFERENT FROMBORROWER 1) Jeremy D Mcnamara 8 Hull St Colton NY 13625 'e' actim=*a TRUTH IN LENDING DISCLOSURE means an ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total ofPayments Total Sale Price The cost of your credit as a yearly rate. The dollar amount theThe amount or creditThe amount you will have The total cost of your purchaseon credit is credit will cost you.Provided to you or on paid after you have made your behalf. all payments as scheduled. 10.000% % $ $322 . 78 $ $3 , 000 . 00 $ $3, 322 . 78 a npay ent of S Your Payment Schedüin WillBe: Prepayment: Ifyou pay off early you willnot have to Pay a penalty Number of Payments Amount of Payments When Payments Are Due 24 $ $13 8 . 45 MONTHLY Beginning 11/24 /2018 . Deposit:The Annual Percentage Rate does not take intoaccount your requireddeposit, ifany. $ Demand: This obligationhas a demand feature. Alldisclosures arebased on an assumed -naturityof one year. Property Insurance: You may obtain property insurance from anyone you want thatis acceptableto the CreditUnion. If youget the insurancefrom us, FilingFees Insurance Non-Filing you willpay $ Late Charge: If payment is late you will be charge $10.00 after 10 days. Security: Collateral securing other loans with the Credit Union ma also secure thisloan. You are givinga security interestin your shares and divideridsand, ifany,your deposits and interestin the reditUnion; and the property describedbelow: Collateral Property/MGdc:/Make Year I.D.Number Type Value Key Number $ $ $ Other (Describe) Pledge of Shares $ in Account No. $ in Account No. See your contractannumants forany additional information about nGapayinent, default,and any required repayment in full before the scheduled date. SIGNATURES By si ning, or otherwise authenticatin , as Barrawer, you a ree to the terms of the Loan Agreement. If pro erty is "Security" descrl ed in the section o the Truth in Lending isclosure, you also agree to the terms of the ecurity Agreement. Ifyou sign, or otherwise authenticate, as "Owner of Property you agree only to the terms of the Security Agreement. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. Borrower 1 Signature Date Borrower2 Signature Date 10/24/20 10/24/201 X X S.,n (Seai> Jeremy D Mcnamara Sign:t= 5gnature 10/24 10/24 It X (Seai) (Seal) OtherBorrower Owner of Property Witness OtherBorrower O Owner ofProperty Witness ©CUNAMutualGroup1999, 2000, 01, 02, OS,06, 08 All RightsReserved NXXO29-e 9 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 Credit UnionSeacomm Federal Credit Union Loan No. 04 Acct.No. Borrower(s) Jeremy D Mcnamara ITEMlZATION OF THE AMOUNT FINANCED ltemizationof Amount Financed of Amount Given to You Directly Amount Paid on Your Account PrepaidFinance Charge $ $3 , 000. 00 $ $ $ AG.ssts Paidto Others on Your Behalf: (lfan amount ismarked with an asterisk(*) we willbe retaining a portionof theamount.) $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To LOAN AGREEMENT Union," "we," "our," "us," In this Loan Agrêêmênt allreferences to "Credit or mean Credit Union ("Agreement") the "you," "your"whose name appears above and anyone to whom the CreditUnion assigns or transfersthisAgreement. All rêfersacesto or mean each person who signs,or atherydse authenticates,this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $ $3 , 000. 00 to the CreditUnion plusintereston the unpaid balance untilwhat you owe has been repaid. Forfixed rateloans the interestrateis10 . 000%% Per year. CollectionCosts: You agree to pay all costs of collecting the amount you owe under this Agreement, including court cost and reeseneb!e attorney fees. 2. PAYMENTS -You promise to make payments of the amounÛepay what vou owe under thisAgreement or ifyou are indefault and at the timeshown in theTruth in Lending Disclosure.You may under any other loan agreement you have with us. prepay any amount without penalty. If you prepay any part of 6. ACTIONS AFTER DEFAULT - When you arein default,we may what you owe, you are stillrequired to make the regularly demand immediate payment of the entireunpaid balance under this scheduled payments, unless we have agreed to a change in the Agreement. You waive any right you have to receive demand for payment schedule. Because thisis a simple interestloan, ifyou payment, noticeof intentto demand immediate pêÿmêGt and notice do not make payments exactly as scheduled, your finalpayment of demand for immediate payment. If we demand immediate may be more orless than the amount of the final payment that is payment, you willcontinue topay interestatthe rateprovided forin disclosed. Ifyou elect voluntary payment protection, we will thisAgreement, untilwhat you owe has been repaid.We willalso either includethe premium or program fee in your payments or apply against what vou owe any shares and/or deposits given as extend theterm ofyour loan. Ifthe term is extended, you willbe secunty under this Agreement. -We may also exercise any other required to make additionalpayments of the scheduled amount, rightsgiven by law when you are indefault. until what you owe has been paid. You promise to make all 7. EACH PERSON RESPONSIBLE - Each person who signs, or aymêñts to the place we choose. Ifthisloan refinances another otherwise authenticates, this Agreement willbe and individually oan we have with you, the other loan will be canceled and jointly responsible for paying the entireamount owed under this refinanced as of the date of thisloan. Unless otherwise required Agreement. This means we can enforce our rights againstany one by law, payments willbe appliedto amounts owed in the manner oryou or individually againstallof you together. we choose. 8. LATE CHARGE - If you are late in a payment, vou - making 3. LOAN PROCEEDS BY MAIL If the proceeds of this loan are promise to pay the late charge shown in the Truth in Lending mailed to you, intereston this loan begins on the date the loan Disclosure.Ifno latecharge is shown, you willnot be charged one. proceeds are mailed to you. 9. DELAY IN ENFORCING RIGHTS - W-e can of - delay enforcing any 4. SECURITY FOR LOAN This Agreement is secured by all ourrights under thisAgreement any number oftimes without losing "Security" property describedin the section ofthe Truth inLending the ability to exercise our rights later. We can enforce this Disclosure. Property securing other loans you have with us also Agreement aoainst vour heirsor legalrepresentatives. secures this loan,unless the property isa dwelling. Inaddition to 10. CONTINUED EFFECTIVENESS - If any partof thisAoreement is your pledge of shares, we may also have what is known as a determined by a court to be unenforceable, the restwil remain in statutoryglen onallindividualand jointaccounts you have with us. effect. A statutorylien means we have the rightunder federal law and 11. NOTICES - Notices will be sent to you at the most recent many state laws to claim an interestin your accounts. We can address you have given us inwriting.Notice to any one of you will enforce a statutory lienagainst your shares and dividends, and if be noticeto all. any, interestand oeposits, inallindividualand joint accounts you 12. USE OF ACCOUNT - You promise to use your account for have with us tosatisfyany outstanding financial obligation thatis consumer (personal, family or household) purposes, unless the due and payable to us.We may exercise our rightto enforce this CreditUnion ives you written permission to use theaccount also lienwithout further noticeto you, to the eXtentpermitted by law. foragriculturaÎ or commercial purposes, or topurchase realestate. For allborrowers: You pledge as securityfor thisI.oanall _shares 13. NO ORAL AGREEMENTS -- THIS NOTE CONSTITUTES A and dividends and, ifany, alldeposits and interestinall joint and "WRITTEN LOAN AGREEMENT" now PURSUANT TO SECTION 26.02 individualaccounts you fiavewith the Credit Union and in the future.The lienand/or your willallow OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH statutory pledge us toapply the funds inyour to what you owe when you are in SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT account(s) default.The lienand your pfedge do not to REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES statutory apply any IndividualRetiremêñ, Account or any other account that would AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, lose ecialtax treatment under state or federal law ifgiven as CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF securi . THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS 5. DE ULT - You will be indefault under thisAgreement ifyou BETWEEN THE PARTIES. do not make a payment of the amount requiredon or beforethe date itisdue. You willbe indefault ifyou break promise you 14. OTHER PROVISIONS - any made in connection with thisloan or ifanyone isin defaultunder any security agreement made inconnection with thisAgreement. You will be in default if you die, filefor bankruptcy, become insolvent (that is,unable to pay your billsand loans as they become due), orif you made any Talse or misleadingstatements in your loan application.You will also be in default if something happens that we believe may seriously affect your ability to NXXo29-e 10 of 13 FILED: ST. LAWRENCE COUNTY CLERK 12/06/2019 10:01 AM INDEX NO. EFCV-19-157110 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/06/2019 CreditUnion Seacomm Federal Credit Union Loan No. 04 Acct.No. Borrower(s)Jeremy D Mcnamara SECURITY AGREEMENT Union," "we," "our" In thisAgreement allreferences to "Credit or payments to us and (2)the cost of determining compliance with the "us" appears on thisdocument insurance requiramañts. Ifwe add amounts for fees or mean the CreditUnion whose name taxes, and anyone to whom the Credit Union assigns or transfersthis insurance to the unpaid balance of the Loan, we may increase your "Loan" in amount term ofthe insurance Agreement. Allreferences tothe mean the loandescribed payments to pay the added within the the Agreement that ispart ofthis document. Allreferences to or term of theLoan. "you"Loan your" person who or otherwise 7. INSURANCE NOTICE - If you do not purchase the required or mean any signs, authenticates,thisAgreement. property insurance, theinsurance we may purchase and charge you 1. THE SECURITY FOR THE LOAN - You giveus what known as is "Security"for willcover onlyour interestin the Property.The premium for this a security interestin the property described in the insurance may be higher because the insurancecompany may have section of the Truth in Lending Disclosure that is part of this given us the nght to purchase insurance after uninsuredcollateralis document ("theProperty").The security interestyou give includes fost or demaned. The insurance will not be insurance liability and all accessions. Accessions are things which are attached to or willnot satisfyany state financial or responsibility no faultlaws. installedinthe Property now or inthe future. The interest8. DEFAULT - You willbe in defaultifyou break promise you security any also includes any repfacements for the Property which you buy make or failto perform any obligation you have under this within 10 days of the Loan and any extensions, renewals or Agreement. You willbe indefault ifany property you have given us refinancings of the Loan. Italso includes any money you receive as security is repossessed by someone else, seized under a from selling the Property or from insurance you have on the forfeiture or similar law, or if anything else happens that Property. Ifthe valueof the Property declines,you promise to give significantlyaffects the value of the property or our security us more propertyas securityifasked to do so. interestin You it. willalso be indefault under thisAgreement ifthe 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL Loan is in default. PROVISIONS - The security interestsecures the Loan and 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in any extensions, renewals or refinancings of the Loan. The security default, we may demand immediate payment of the outstanding interestalso securesany otherloans, includingany creditcard loan, balance of the Loan without giving you advance notice and take you have now or receive in the future from us and any other possession of the Property.You agree the CreditUnion has the right amounts you owe us for any reason now or in the future,except to take possession of the Property without judicialprocess if this any loan secured by your principal dwelling. Ifthe Property is can be done without breach of the peace. If weask, you promise to household goods as definedby the FederalTrade Commission Credit deliverthe Property at a time and place we choose. Ifthe property Practices Rule or your principaldwelling, the Property will secure is a motor vehicle orboat, you agree that we may obtain a key or only thisLoan and not other loans oramounts you owe us. other device necessary to unlock and operate it,when you arein 3. OWNERSHIP OF THE PROPERTY -You promise that you own the default. We will not be responsible for other not any property Property or,ifthisLoan is tobuy the Property, you promise you will covered by this Agreement that vou leave insidethe Property or use the Loan proceeds for that purpose. You promise that no one that isattached to the Property. We willtryto retum that property else has any interestin orclaim against the Propertythat you have to you or make it available foryou to claim. not already told us about. You promise not to sell or fease the After we have possession of the Property, we can sellitand apply Property orto use itas securityfora loan with another creditoruntilthe money to any amounts you owe us.We will giveyou noticeof the Loan is repaid.You promise you willallow no other security any public dispositionor the date after which a privatedisposition interestor lientoattach tothe Property eitherby your actions orby wiTIbe held.Our expenses for taking possession of and sellingthe operation oflaw. Property willbe deducted from the money receivedfrom the sale. 4. PROTECTING THE SECURITY INTEREST - Ifyour state issues a Those costs includethe cost of the Property, may storing preparing titlefor the Property, you promise to have our security interestitfor sale and attorney's fees to the extent permitted under state shown on thetitle.We may have to filewhat is calleda financing law or awarded under the Bankruptcy Code. statement toprotect oursecurity interestfrom the claimsof others. Ifyou have agreed to pay the Loan, you must pay any amount that You irrevocably authorize us to execute (on your behalf), ifremains unpaid after the salemoney has been appliedto the unpaid applicable, and fileo