Preview
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.****
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN AND
SUNTRUST BANK FOR BROWARD COUNTY, FLORIDA
Plaintiff,
Case No.: CACE-19-021485
VS.
JASON BURNS AKA JASON M. BURNS,
MARIBEL BURNS, UNKNOWN TENANT #1,
UNKNOWN TENANT #2, and all unknown
parties claiming an interest by, through, under
or against any Defendant, or claiming any
right, title, and interest in the subject property,
E 0 A E
Defendants.
5 OCT 252021
By
NOTICE OF FILING
Plaintiff, TRUIST BANK, successor by merger to SUNTRUST BANK, by and through its
undersigned attorneys, hereby gives notice of the filing of the original Access 3 Equity Line
Account Agreement and Disclosure Statement ("Note") dated July 25, 2016, in the principal
amount of $164,200.00.
CERTIFICATE OF SERVICE
the foregoing with the Clerk of the
I HEREBY CERTIFY that I electronically filed
and that served via Electronic Mail on the
Court by using the eFiling Portal, a copy was
Jbiay of October, 2021 to: STEVEN R. SERRA, ESQ., C. Anthony Rumore, P.A.,
515 Southwest 1 St Avenue, Fort
La*Fdalei-Ft-82301,
AR-1;MVB?? BARKSDALE IV
Flo/la>#ar No.: 40628
AU/KREZ, WINTHROP, THOMPSON & STOREY, PA
14. O. Box 3511
/TomhnnoMn.Mn741
Telephone No.: (407) 210-2796
Email: STB@awtspa.com
Attorneys for Plaintiff: TRUIST BANK, Successor by
merger to SUNTRUST BANK
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.****
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ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND
1.x* DISCLOSURE STATEMENT 01 0598
MOM Loan D#t# 1 Matur#y LOMM ;gmfck Mmm Omd,r G nka
1*1651448211
References in the shaded area are for our use only and do not limit the applicabilityof this document to any particular loan or item.
Any item above containing, has been omitted due to text length limitations.
BorrOWer: JASON BURNS Lender: SunTrust Bank
MARIBEL BURNS CLSC Orlando
-
4460 NE 19TH AVE 7455 Chancellor Drive
OAKLAND PARK, FL 333085106 Orlando, FL 32809
CREDIT LIMIT: $ 164,200.00 DATE OF AGREEMENT: July 25. 2016
Introduction. This ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE STATEMENT ("Agreement") governs your line of credit
(the "Credit Line" or the "Credit Line Account" or the "Account") issued through SunTrust Bank. In this Agreement, the words "Borrower",
"you", "your", and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we",
"us", "our", "Bank", "SunTrust", and "Lender" mean SunTrust Bank, its successors and/or assigns. You agree to the following terms and
conditions:
Promise to Pay. You promise to pay Lender, or order, the total of all credit advances ("Advances') and FINANCE CHARGES, together with all
costs and expenses for which you are responsible under this Agreement and/or under the security instrument ("Security Deed") which secures
your Credit Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is
jointly and severally liable on and under this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement,
to any Borrower. Each Borrower authorizes any other Borrower. on his or her
including without limitation credit advances made signature alone.
to suspend, cancel terminate the Credit Une. to request and receive credit Advances. and to do all other things necessary
or to carry out the
terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible and
liable.
Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue as follows: The Account
establishes a line of credit with a maximum credit limit ("Credit Limit") upon which Borrower may request Advances for a period of ten (10)
years ("the Draw Period"). The Draw Period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted
by us in the state as referenced in the Governing Law provision herein, following the expiration of any applicable right to cancel, the receipt of
all required certificates of noncancellation, and the meeting of all our other terms and conditions, each Advance to be repaid under one of the
three options (each an "Option") described herein ("Option 1 Advances; 'Option 2 Advances", or "Option 3 Advances"). The Account shall be
"
payable in full no later than thiny (30) years from the dateof execution of this Agreement (the Maturity" or "Maturity Date"), the last twenty
(20) years before Maturity being the full and final repayment period for Option 1 Advances and Option 2 Advances ("Repayment Period")
Option 3 Advances shall be repaid in accordance with the provisions governing the Option 3 Repayment Term, more fully described herein,
which in no event shall or may extend beyond the Maturity. The Lender in its sole discretion may extend the Draw Period. If the Draw Period is
extended, Borrower shall be notified and the Repayment Period may be shortened by the same period of time that the Draw Period is extended
You further agree that we may renew or extend your Credit iLine Account if not otherwise prohibited by applicable law.
Access. During the Draw Period, the Account may be accessed by (i) use of a draft ('Access 3 Check") supplied by Lender; (ii) use of an
Access 3 Equity Line credit access card (" Credit Access Card') issued or supplied by Lender; (iii) Lender may provide overdraft coverage; (iv)
other means Lender may authorize from time to time; or (v) any other advancement of funds by Lender on Borrower's behalf. Credit Access
Cards will not be offered in all states. Each of the access methods described above will only be available if allowed by applicable law.
Initial Advance. "Initial Advance" means the amount of money you will obtain at closing toward the purchase of your home, if applicable, or the
first disbursement you are requesting to be extended on your Credit Line immediately following the expiration of any applicable rescission period
If an Initial Advance is allowed by us at origination/closing for the purchase of your home, the minimum Initial Advance for that purpose must be
at least $5,000.00
Subsequent Advances. During the Draw Period, Borrower may obtain Advances on the Account from time to time up to the available Credit
Limit. At the time of requesting an Advance, Borrower shall designate the Option under which Borrower chooses to repay the Advance. The
available credit for Advances is the Credit Limit, minus the sum of all unpaid Advances (including Advances initiated, but not yet posted to the
Account) and any other charges posted to the Account. There is no minimum amount for Option 1 or Option 2 Advances; however, if Borrower
chooses to repay an Access 3 Advance under Option 3 defined below, the minimum Advance amount shall be $5,000.00. In addition, Borrower
is limited to five (5) outstanding Option 3 Advances at any one time. No minimum Advance amount shall be required by Lender for purchases
made with the Credit Access Card, which shall be treated as Option 1 Advances. Borrower may make up to eight (8) Credit Access Card
transactions daily, five (5) of which may be ATM cash advances, with a maximum aggregate daily total of five thousand ($5,000.00) dollars. If
Borrower elects overdraft coverage as provided in this Agreement, such Advances shall be in $ 100.OO ihcrements. If Borrower presents an
Advance which would exceed or violate these limitations or requirements, Lender may refuse to honor the Advance or may in its discretion pay
the Advance and may require repayment of the Advance under one of the other repayment options. If Borrower fails to designate a repayment
option, or if Lender is unable to determine the option selected for any reason, such as without limitation because the merchant has converted
the transaction to an automated
clearinghousetransaction, then Lender may require repayment under any option at its sole discretion. If Lender
requires such an Advance to be repaid under Option 3, or if Borrower does not specify an Option 3 Repayment Term on the Option 3 Check or
other Option 3 Advance request, or if Lender is unable to determine the Option 3 Repayment Term selected for any reason including without
limitation because the merchant has converted the transaction to an automated clearinghousetransaction, or if Borrower selects an Option 3
Repayment Term which is not available or allowable, the Option 3 Repayment Term for each such Advance may be set at two hundred-forty
(240) months at Lender's discretion
Borrower will not access the Account when such Advance will exceed Borrower's available Credit Limit, result in a default under this
Agreement, or would violate any applicable law, or during any period in which.the Credit Limit is reached or exceeded. Lender may refuse to
make any requested Advance, including but not limited to, returning unpaid any Access 3 Check or other Advance request on the Account or
refusing authorizationfor a Credit Access Card transaction or refusing an Advance for overdraft coverage if (i) the request does not conform to
the requirements of this Agreement; or (ii) at the time of the request, the outstanding Account balance, as reflected by Lender's records,
exceeds- (or upon making the Advance would exceed) the Credit Limit; or (iii) the ability to make or obtain Advances has been suspended,
canceled or terminated as provided for in this Agreement or by order of any court or regulatory agency. However, Lender, at its option, may pay
any such Advance, and Borrowers will be jointly and severally liable for any Advance(s) so requested and/or obtained by any Borrower, and
additionally will pay any amount over the Credit Limit in the manner Lender requests.
Overdraft Coverage. If number is provided in this Section, Lender is authorized to advance funds from the Access 3 Account to
an account
provide overdraft coverage for
deposit account Number maintained by Borrower with Lender ("Borrower Account7.
Whenever Borrower writes checks or otherwise creates debits which overdraw the Borrower Account, Lender will make an Advance from the
Access 3 Account in $100.00 increments to the Borrower Account. If the Credit Limit on the Access 3 Account is not sufficient to cover the
entire overdraft, but is sufficient to cover any one or more items creating such overdraft, Lender will make an Advance from the Access 3
Account, up to the amount of the available Credit Limit, in order to pay such item(s). Lender may at its sole discretion but is not required to
make such Advances if the Credit Line Account is in default or if making such
Advanpe would place the Credit Line Account in default or would
cause the Credit Limit to be exceeded. If Lender does make an Advance which causes the Credit Limit to be exceeded, Borrower will pay any
amount over the Credit Limit in the manner Lender requests. In the event that the Borrower Account is held jointly with other individuals ("Joint
Account Holder"), overdrafts on the Borrower Account created by the Joint Account Holder will be provided overdraft coverage as prescribed in
this paragraph. Advances made for overdraft coverage shall be repaid in accordancewith the provisions governing Option 1 Advances.
ANNUAL PERCENTAGE RATES AND PAYMENT TERMS DURING THE DRAW PERIOD
The ANNUAL PERCENTAGE RATE on Option 1 and Option 2 Advances shall be calculated at a rate equal to The Wall Street Journal prime
Rate in effect on the day preceding the first day of the Billing Cycle in which each such Advance is taken, and for outstanding Option 1 and
Option 2 Advance balances on the day preceding the first day of each Billing Cycle, each together with a margin of + 6.140%, as more fully
described in the Section herein entitled "Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE During the Draw Period". The
maximum ANNUAL PERCENTAGE RATE for Option 1 and Option 2 Advances and balances will not exceed 18.000% per annum. During the
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.****
ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE
STATEMENT
(Continued) Page 2
a result.
Draw Period, Options 1 and 2 Advance balances have a variable rate of interest and the ANNUAL PERCENTAGE RATE can change as
In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 0.00000% per annum or more than the lesser of 18.00000%
or
the maximum rate allowed by applicable law. i
an Access 3 Advance taken under Option 3 (an "Option 3 Advance"), Borrower will choose a repayment
term for each such
At the time of
3
Advance (the "Option 3 Repayment Term- which is more fully described below). The ANNUAL PERCENTAGE RATE for each Option
Term shall be fixed rate calculated at the time of the Advance based upon the Prime Rate in effect on the day preceding the first
Repayment a
described in the Section herein
day of the Billing Cycle in which each such Advance is taken, together with a margin of + 4.000%, as more fully
we may make lower Option 3
entitled "Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE During the Draw Period". However,
3 Advance
Advance ANNUAL PERCENTAGE RATES available from time to time. Please contact Customer Service for any such lower Option
ANNUAL PERCENTAGE RATE you may be able to obtain. The maximum ANNUAL PERCENTAGE RATE for Option 3 Advances will not exceed
18.000% per annum.
The ANNUAL PERCENTAGE RATE for Option 1 Advances, Option 2 Advances and Option 3 Advances does not include costs other than
interest.
Borrower agrees to pay monthly
During the Draw Period, by the payment due date shown on the monthly statement (the "Periodic Statement"),
owing as shown on the Periodic Statement (the "New Balance") or (ii) any portion of the New Balance, so long
as
either (i) the total amount
as specifically set
Borrower pays at least a "Minimum Payment" which is the sum of the minimum payments for each of the three (3) Options
forth below, plus any applicable insurance premiums, debt cancellation or suspension charges, late charges, and/or miscellaneous fees as
set
forth on the Periodic Statement. In addition, if the New Balance exceeds the Credit Limit, Borrower will pay the amount indicated
on the
Advance
Periodic Statement, to reduce the Account balance to within the Credit Limit. Lender may apply payments to any Option and/or
institutionlocated in the
balance(s), at its sole discretion. All payments must be made in United States dollars and must be drawn on a financial
United States.
Option 1 -
Revolving Line of Credit
During the Draw Period, the minimum monthly payment due for funds advanced under this Option shall be 1.5% of the total balances for Option
1. All Advances made by Credit Access Card for overdraft protection will be governed by and repaid under the provisions governing Option
or
1. Minimum payments made on balances under this Option may not result in any reduction of the principal balance.
Option 2 Interest Only
-
for funds advanced under this Option shall be the accrued interest on the balances
During the Draw Period, the minimum monthly payment due
of the principal balance.
for Option 2. Minimum payments made on balances under this Option will not result in any reduction
Option 3 -
Fixed Rate/Fixed Term
one hundred-twenty (120)
At the time of an Advance under Option 3, Borrower will select a repayment term of sixty (60) months (5 years),
or in the case of any Initial
months CIO years), one hundred-eighty (180) months (15 years), two hundred-forty (240) months (20 years),
3 Repayment Term"), by noting
Advances under Option 3 Borrower may additionally choose 360 months (30 years), (collectively the 'Option
same on the Option 3 Check or other Advance request at the time
of the Advance. If Borrower does not specify an Option 3 Repayment Term
the Option 3 Repayment Term selected for any reason
on the Option 3 Check or other Advance request, or if Lender is unable to determine
without limitation because the merchant has converted the transaction to an automated clearinghouse transaction, or if Borrower
including for each such Advance may be. set at
selects an Option 3 Repayment Term which is not available or allowable, the Option 3 Repayment Term
two hundred-forty (240) months at Lender's discretion. The ANNUAL PERCENTAGE RATE on Advances made under this Option shall be a fixed
in effect on the day preceding the first day of the
rate determined at the time the Advance is posted to the Account based upon the Prime Rate
more fully described above and in the Section
Billing Cycle in which each such Advance is taken, together with the margin described herein, as
ANNUAL PERCENTAGE RATE During the Draw Period", for the full Option 3 Repayment Term. The
entitled "Periodic Rate and Corresponding
minimum monthly payment amount as to each such Advance shall be based upon the amount of the Advance, the ANNUAL PERCENTAGE RATE
the Option 3 Repayment Term to establish
and the Option 3 Repayment Term. Each Advance taken under this option shall be amortized over
the minimum monthly payment amount.
under Option 3, $15 fee shall be assessed to the Account for
Option 3 Processing Fee. When Borrower has chosen to repay an Advance
a
processingthe Option 3 Advance, if and as allowed by applicable law.
ANNUAL PERCENTAGE RATES AND PAYMENT TERMS DURING THE REPAYMENT PERIOD
The ANNUAL PERCENTAGE RATE for the Repayment Period for,Option 1 and Option 2 Advances
shall be a fixed rate determined on the last
The Wall Street Journal prime Rate in effect on that day, together with the margin disclosed above for
day of the Draw Period based on
Period for the full repayment of the outstanding Options 1 and 2
Option 3 Advances made during the Draw Period. The term of the Repayment
of Options 1 and 2 balances will be established using
Advance balances will'be twenty (20) years. The monthly payment amount for repayment
a straight twenty (20) year amortization and will be based upon the balances, the
fixed interest rate and the twenty (20) year Repayment Period
term. All amounts of Options 1 and 2 Advance balances not paid as of the
end of the Draw Period will be paid according to the terms
applicableto the Repayment Period.
for the repayment of Option 3 Advances shall remain
The ANNUAL PERCENTAGE RATE, the remaining term and the minimum monthly payment
as determined by each applicableOption 3 Advance amount, APR and Option
3 Repayment Term.
with any applicable
The minimum total monthly payment will be the sum of your Options 1,2 and 3 minimum monthly payments, together
fees dues. All indebtedness under this
insurance premiums, debt cancellation or suspension charges,,late charges, and/or miscellaneous
will be due and payable at the end of the Repayment Period.
Agreement, if not already paid pursuant to the payment provisions herein,
ADDITIONAL PROVISIONS
will be applied to any balance of interest,
How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments
or suspension charges which are due;
and that is due or may be required by law; then to any credit insurance, debt cancellation
principal escrow
and other fees; and then to the remaining principal balance.
then to late charges
account debit, electronic funds transfer, money order, or other
Receipt of Payments. All payments must be made by a check, automatic
address shown on your Periodic Statement. Payments received at that
instrument in U.S. dollars and must be received by us at the remittance
Line Account as of the date received. If we receive
address prior to 5:00 p.m. Eastern Time on any business day will be credited to your Credit be
at later times and/or other locations, such payments will be credited promptly to your Credit Line Account, but crediting may
payments
will be credited as described herein, any such payment will not increase or
delayed for up to five (5) days after receipt. Although your payments
been collected by Lender.
otherwise affect your available credit until such time as the payment funds have
of up to One Hundred Sixty Four Thousand Two Hundred
Credit Limit. This Agreement covers a revolving line of credit for the principal amount
And 00/100 Dollars ($164,200.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will hono, your request
and provisions of this Agreement, the Security Deed and the related documents, including
for credit advances subject to the conditions, terms
Account is not in default or suspended,
but not limited to the section below on Lender's Rights. During the Draw Period, as long as your
of the amount borrowed (as long as you make at least each
terminated or cancelled, you may borrow against the Credit Line, repay any portion
We reserve the right to pay or return any requested
Minimum Payment as required), and re-borrow up to the amount.of the. Credit Limit.
limit violates any term, condition or requirement of this Agreement, your Security Deed or any other
Advance that exceeds your credit or
considered as increased in and of itself should you exceed your
document related to your Credit Line Account. Your Credit Limit will not be
amount by which your Credit Line Account balance exceeds
Credit Limit. If you exceed your Credit Limit, you agree to repay immediately the
your Credit Limit, even if we have not yet billed you.
fees and costs that you are obligated to pay under this Agreement,
Charges to your Credit Line. We may charge your Credit Line to pay other
In addition, we may charge your Credit Line for funds required for
the Security Deed or any other document related to your Credit Line.
Insurance" below or as described in the Security Deed for this transaction.
"
continuing insurance coverage as described in the paragraph titled in your
Credit Line to pay any balances, costs or expenses to protect or perfect our security interest
We may also, at our option, charge your If you do
without limitation, payments to cure defaults under any existing Iiens on your property.
property. These costs or expenses include,
taxes and charge your Credit Line therefor. Any amount so charged
to
not timely pay your property or other taxes, we may pay the delinquent
a credit Advance and will decrease the funds available,
if any, under the Credit Line, and we may post any such
your Credit Line will be
term if
Option (and/or at our sole discretion.
applicable) However, we have no obligation to provide any of the credit
Advance(s) to any
advances referred to in this paragraph, and you hold us harmless in this regard.
obtain credit Advances under your Credit Line as follows:
CreditAdvances. After the Effective Disbursement Date of this Agreement, you may
Credit Line Checks. Writing a preprinted "Access 3 Equity Line Check- that we will supply to you.
credit Advance in person at any of our authorized locations.
Requests in Person. Requesting a
i
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FILED: BROWARD COUNTY, FLBrdnda D. Formiti, CLERK. 10/25/2021 4:30:00 PM.****
t .
ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE
STATEMENT
C-' (Continued) Page 3
CD
Co
CD Credit Access Card. Using your Credit Access Card as described in this Agreement, if available in your location.
1-A.
for
Telephone Request. Requesting credit Advance from your Credit Line to be applied to your designated account by telephone. Except
a
transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you
acknowledge and you agree that we do not accept responsibility for the authenticityof telephone instructions and that we will not be liable
aP for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting
upon such instructions believed to be genuine.
If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one
j-+ Borrower telling us not to give advances to the other. You further agree not to give us instructions which conflict with the instructions or
direction of any closing agent or attorney who makes payment to us on your behalf. In the event we receive conflicting instructions, you agree
that we may follow any of those instructionswithout regard to conflicting instructions, and you hereby hold us harmless and agree to indemnify
us for any loss or damage, cost or expense occasioned as a result thereof or related thereto.
Umitations and Transaction Requirements on the Use of Checks. Credit Access Cards. and other Advance Requests. We reserve the right not
to honor Access 3 Equity Line Checks, Credit Access Card or other Advance requests in the following circumstances:
Credit Umit Violation. Your Credit Limit has been or would be exceeded by paying the Access 3 Equity Line Check or Advance.
Post-dated Checks. Your Access 3 Equity Line Check or Advance request is post-dated. If a post-dated Access 3 Equity Line Check or
Advance request is paid and as a result any other. check or Advance is returned or not paid, we are not responsible and you hold us
harmless and indemnify us therefor.
Stolen Checks or Credit Access Card. Your Access 3 Equity Line Checks or Credit Access Card have been reported lost or stolen.
Unauthorized Signatures. Your Access 3 Equity Line Check or Advance request is not signed by, or your Credit Access Card is used by
other than, an "Authorized Signer" as defined herein.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
Access 3 Equity Line Check or Advance.
Transaction Violation. Your Access 3 Equity Line Check or Advance is less than the minimum amount required by this Agreement or you
are in violation of any other transaction requirement or would be if we paid the Access 3 Equity Line Check or Advance.
Other Restrictions.You may not make a payment on the Account with an Access 3 Equity Line Check, Credit Access Card or other
Advance request from this Account. We may not honor an Access 3 Credit Line Check if you notify us that you wish to stop payment of
same; however you will hold us harmless and not hold us liable if we try to stop payment of said Check and we are unable or unsuccessful
in doing so.
If we pay any Access 3 Equity Line Check or Advance under these conditions, you must repay us, subject to applicable laws, for the amount of
the Access 3 Equity Line Check or Advance. The Access 3 Equity Line Check or Advance request itself will be evidence of your debt to us
together with this Agreement.' Our liability, if any, for wrongful dishonor of a Check or Advance is limited to your actual damages. Dishonor for
any reason as provided in this Agreement is wrongful dishonor. We shall not return Access 3 Equity Line Checks along with
not your Periodic
Statements; however, your of each
use Access 3 Equity Line Check, Credit Access Card or other Advance will be reflected on your Periodic
Statement as a credit Advance. We do not "certify- Access 3 Equity Line Checks drawn on your Credit Line.
Authorized Signers. The words "Authorized Signer' on Access 3 Equity Line Checks or other Advance requests as used in this Agreement
mean and include each person who submits the application for this Credit Line and signs this Agreement.
Lost Access 3 Equity Line Checks. If you lose your Access 3 Equity Line Checks or Credit Access Card or if someone is using any of them
without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (888) 461-8862. You will also
notify us in writing at Loan Servicing P.O. Box 305053, Nashville, TN 37230-5053.
Future Credit Une Products and Services. Your application for this Credit Line also serves as a request to receive any new services (such as
access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this
request' is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and
conditions of this Agreement will govern any transactions made pursuant to any of these new services. We may also offer special products
and/or services to you from time to time, including without limitation such services and products as, telephone payment options or specialized
delivery services, debt cancellation or suspension products, and/or credit insurance, for which Lender may impose a fee or
charge as Lender determines, subject to applicable law; and in such event, you will be advised of the amount of such fee or charge, which may
be provided orally to you if allowed by applicable law, prior to your decision to accept such service or product and related fee or charge.
Collateral. You acknowledge this Agreement is secured by the following collateraldescribed in the security instrument listed herein: a Mortgage
or Deed of Trust to a trustee in favor of us on real property located in BROWARD County, State of Florida. The collateral must be your primary
or secondary residence.
Insurance.' You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property
insurance, and flood insurance if applicable, through any company of your choice that is reasonably satisfactory to us. You have the option of
providing any insurance required under this Agreementthrough an existing policy or a policy independently obtained and paid for by you, subject
to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to
obtain or maintain insurance as required in the Security Deed and/or related documents, we may purchase insurance to protect our own interest,
but are not required to do so, add the premium to your balance under any Option and/or term, pursue any other remedies available to us, or do
any one or more of these things. The insurance we purchase may cover only our and not your interests, and may be much more expensive and
will, in most cases, provide less coverage than insurance you could buy independently.
Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings,
or someother account), including without limitation, all accounts you may open in the future, by yourself as well as with other parties.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize
us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts, and, at
our option, to administrativelyfreeze all such accounts to allow us to protect our charge and setoff rights provided in this paragraph.
Periodic Statements. If you have a credit or debit balance of more than $ 1.OO, or if we have imposed a finance charge on your Credit Line
Account, we will send you a Periodic Statement. Lender may but is not required to safekeep the paid Access 3 Checks. Lender will make
photocopies of Access 3 Checks and other instruments upon request, if.available. (If such request is not made in connection with a billing error
inquiry, it may be subject to Research and Photocopy charges.)
Each Access 3 Check will be deemed to be an item for purposes of the Uniform Commercial Code ("UCC") of the state in which Lender is
located and the time periods and other requirements for examining Periodic Statements and reporting improper entries will begin from the time
Periodic Statements are sent or made available to Borrower. Lender assumes no responsibility for entries included on Periodic Statements not
received unless Borrower gives notice within sixty (60) days of the date on which the Periodic Statement is customarily mailed that it was not
received.
The rules for stopping payment on Access 3 Checks shall be the same;.as the Lender's rules for stopping payment on checks written on deposit
accounts.
The Periodic Statement will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits,
your "Previous Balance," and your "New Balance'. The Finance Charge ("Finance Charge') shall be the sum of the ATM Transaction Fee, the
Option 3 Processing Fee, the Promotional Rate Advance Fee, each described herein, if and as allowed by applicable law, and the Periodic
Finance Charge ("Periodic Finance Charge"). A Periodic Finance Charge will be imposed on the Account and will be shown on the next Periodic
Statement even if the New Balance was paid in full on or before the payment due date of the prior Periodic Statement. Your Periodic Statement
also will identify the Minimum Payment you must make for that billing period and the date it is due.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There is no "free ride period- which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit Advances or balances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit Advances made under your Credit Line imposed from the date of each credit Advance based on the Average Daily Balance. For each '
Billing Cycle, the Periodic Finance Charge begins to accrue on Access 3 Check or other Advances on the day the Check or other Advance
request is received by the Lender for payment and transaction. Lender calculates the Periodic Finance Charge on Options 1 and 2 Advances by
applying the Daily Periodic Rate to the average daily balance, and then multiplying the result by the number of days in the Billing Cycle. To
"
determine the Daily Balance", take the beginning balance of each of the three (3) Options each day starting with the New Balance from the last
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.****
ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE f
STATEMENT
Preview
**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.**** IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND SUNTRUST BANK FOR BROWARD COUNTY, FLORIDA Plaintiff, Case No.: CACE-19-021485 VS. JASON BURNS AKA JASON M. BURNS, MARIBEL BURNS, UNKNOWN TENANT #1, UNKNOWN TENANT #2, and all unknown parties claiming an interest by, through, under or against any Defendant, or claiming any right, title, and interest in the subject property, E 0 A E Defendants. 5 OCT 252021 By NOTICE OF FILING Plaintiff, TRUIST BANK, successor by merger to SUNTRUST BANK, by and through its undersigned attorneys, hereby gives notice of the filing of the original Access 3 Equity Line Account Agreement and Disclosure Statement ("Note") dated July 25, 2016, in the principal amount of $164,200.00. CERTIFICATE OF SERVICE the foregoing with the Clerk of the I HEREBY CERTIFY that I electronically filed and that served via Electronic Mail on the Court by using the eFiling Portal, a copy was Jbiay of October, 2021 to: STEVEN R. SERRA, ESQ., C. Anthony Rumore, P.A., 515 Southwest 1 St Avenue, Fort La*Fdalei-Ft-82301, AR-1;MVB?? BARKSDALE IV Flo/la>#ar No.: 40628 AU/KREZ, WINTHROP, THOMPSON & STOREY, PA 14. O. Box 3511 /TomhnnoMn.Mn741 Telephone No.: (407) 210-2796 Email: STB@awtspa.com Attorneys for Plaintiff: TRUIST BANK, Successor by merger to SUNTRUST BANK **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.**** I 1-F +HEA* CD CD CD GP DESHMUA 60708971300018734 ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND 1.x* DISCLOSURE STATEMENT 01 0598 MOM Loan D#t# 1 Matur#y LOMM ;gmfck Mmm Omd,r G nka 1*1651448211 References in the shaded area are for our use only and do not limit the applicabilityof this document to any particular loan or item. Any item above containing, has been omitted due to text length limitations. BorrOWer: JASON BURNS Lender: SunTrust Bank MARIBEL BURNS CLSC Orlando - 4460 NE 19TH AVE 7455 Chancellor Drive OAKLAND PARK, FL 333085106 Orlando, FL 32809 CREDIT LIMIT: $ 164,200.00 DATE OF AGREEMENT: July 25. 2016 Introduction. This ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE STATEMENT ("Agreement") governs your line of credit (the "Credit Line" or the "Credit Line Account" or the "Account") issued through SunTrust Bank. In this Agreement, the words "Borrower", "you", "your", and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we", "us", "our", "Bank", "SunTrust", and "Lender" mean SunTrust Bank, its successors and/or assigns. You agree to the following terms and conditions: Promise to Pay. You promise to pay Lender, or order, the total of all credit advances ("Advances') and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement and/or under the security instrument ("Security Deed") which secures your Credit Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on and under this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, to any Borrower. Each Borrower authorizes any other Borrower. on his or her including without limitation credit advances made signature alone. to suspend, cancel terminate the Credit Une. to request and receive credit Advances. and to do all other things necessary or to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible and liable. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue as follows: The Account establishes a line of credit with a maximum credit limit ("Credit Limit") upon which Borrower may request Advances for a period of ten (10) years ("the Draw Period"). The Draw Period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by us in the state as referenced in the Governing Law provision herein, following the expiration of any applicable right to cancel, the receipt of all required certificates of noncancellation, and the meeting of all our other terms and conditions, each Advance to be repaid under one of the three options (each an "Option") described herein ("Option 1 Advances; 'Option 2 Advances", or "Option 3 Advances"). The Account shall be " payable in full no later than thiny (30) years from the dateof execution of this Agreement (the Maturity" or "Maturity Date"), the last twenty (20) years before Maturity being the full and final repayment period for Option 1 Advances and Option 2 Advances ("Repayment Period") Option 3 Advances shall be repaid in accordance with the provisions governing the Option 3 Repayment Term, more fully described herein, which in no event shall or may extend beyond the Maturity. The Lender in its sole discretion may extend the Draw Period. If the Draw Period is extended, Borrower shall be notified and the Repayment Period may be shortened by the same period of time that the Draw Period is extended You further agree that we may renew or extend your Credit iLine Account if not otherwise prohibited by applicable law. Access. During the Draw Period, the Account may be accessed by (i) use of a draft ('Access 3 Check") supplied by Lender; (ii) use of an Access 3 Equity Line credit access card (" Credit Access Card') issued or supplied by Lender; (iii) Lender may provide overdraft coverage; (iv) other means Lender may authorize from time to time; or (v) any other advancement of funds by Lender on Borrower's behalf. Credit Access Cards will not be offered in all states. Each of the access methods described above will only be available if allowed by applicable law. Initial Advance. "Initial Advance" means the amount of money you will obtain at closing toward the purchase of your home, if applicable, or the first disbursement you are requesting to be extended on your Credit Line immediately following the expiration of any applicable rescission period If an Initial Advance is allowed by us at origination/closing for the purchase of your home, the minimum Initial Advance for that purpose must be at least $5,000.00 Subsequent Advances. During the Draw Period, Borrower may obtain Advances on the Account from time to time up to the available Credit Limit. At the time of requesting an Advance, Borrower shall designate the Option under which Borrower chooses to repay the Advance. The available credit for Advances is the Credit Limit, minus the sum of all unpaid Advances (including Advances initiated, but not yet posted to the Account) and any other charges posted to the Account. There is no minimum amount for Option 1 or Option 2 Advances; however, if Borrower chooses to repay an Access 3 Advance under Option 3 defined below, the minimum Advance amount shall be $5,000.00. In addition, Borrower is limited to five (5) outstanding Option 3 Advances at any one time. No minimum Advance amount shall be required by Lender for purchases made with the Credit Access Card, which shall be treated as Option 1 Advances. Borrower may make up to eight (8) Credit Access Card transactions daily, five (5) of which may be ATM cash advances, with a maximum aggregate daily total of five thousand ($5,000.00) dollars. If Borrower elects overdraft coverage as provided in this Agreement, such Advances shall be in $ 100.OO ihcrements. If Borrower presents an Advance which would exceed or violate these limitations or requirements, Lender may refuse to honor the Advance or may in its discretion pay the Advance and may require repayment of the Advance under one of the other repayment options. If Borrower fails to designate a repayment option, or if Lender is unable to determine the option selected for any reason, such as without limitation because the merchant has converted the transaction to an automated clearinghousetransaction, then Lender may require repayment under any option at its sole discretion. If Lender requires such an Advance to be repaid under Option 3, or if Borrower does not specify an Option 3 Repayment Term on the Option 3 Check or other Option 3 Advance request, or if Lender is unable to determine the Option 3 Repayment Term selected for any reason including without limitation because the merchant has converted the transaction to an automated clearinghousetransaction, or if Borrower selects an Option 3 Repayment Term which is not available or allowable, the Option 3 Repayment Term for each such Advance may be set at two hundred-forty (240) months at Lender's discretion Borrower will not access the Account when such Advance will exceed Borrower's available Credit Limit, result in a default under this Agreement, or would violate any applicable law, or during any period in which.the Credit Limit is reached or exceeded. Lender may refuse to make any requested Advance, including but not limited to, returning unpaid any Access 3 Check or other Advance request on the Account or refusing authorizationfor a Credit Access Card transaction or refusing an Advance for overdraft coverage if (i) the request does not conform to the requirements of this Agreement; or (ii) at the time of the request, the outstanding Account balance, as reflected by Lender's records, exceeds- (or upon making the Advance would exceed) the Credit Limit; or (iii) the ability to make or obtain Advances has been suspended, canceled or terminated as provided for in this Agreement or by order of any court or regulatory agency. However, Lender, at its option, may pay any such Advance, and Borrowers will be jointly and severally liable for any Advance(s) so requested and/or obtained by any Borrower, and additionally will pay any amount over the Credit Limit in the manner Lender requests. Overdraft Coverage. If number is provided in this Section, Lender is authorized to advance funds from the Access 3 Account to an account provide overdraft coverage for deposit account Number maintained by Borrower with Lender ("Borrower Account7. Whenever Borrower writes checks or otherwise creates debits which overdraw the Borrower Account, Lender will make an Advance from the Access 3 Account in $100.00 increments to the Borrower Account. If the Credit Limit on the Access 3 Account is not sufficient to cover the entire overdraft, but is sufficient to cover any one or more items creating such overdraft, Lender will make an Advance from the Access 3 Account, up to the amount of the available Credit Limit, in order to pay such item(s). Lender may at its sole discretion but is not required to make such Advances if the Credit Line Account is in default or if making such Advanpe would place the Credit Line Account in default or would cause the Credit Limit to be exceeded. If Lender does make an Advance which causes the Credit Limit to be exceeded, Borrower will pay any amount over the Credit Limit in the manner Lender requests. In the event that the Borrower Account is held jointly with other individuals ("Joint Account Holder"), overdrafts on the Borrower Account created by the Joint Account Holder will be provided overdraft coverage as prescribed in this paragraph. Advances made for overdraft coverage shall be repaid in accordancewith the provisions governing Option 1 Advances. ANNUAL PERCENTAGE RATES AND PAYMENT TERMS DURING THE DRAW PERIOD The ANNUAL PERCENTAGE RATE on Option 1 and Option 2 Advances shall be calculated at a rate equal to The Wall Street Journal prime Rate in effect on the day preceding the first day of the Billing Cycle in which each such Advance is taken, and for outstanding Option 1 and Option 2 Advance balances on the day preceding the first day of each Billing Cycle, each together with a margin of + 6.140%, as more fully described in the Section herein entitled "Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE During the Draw Period". The maximum ANNUAL PERCENTAGE RATE for Option 1 and Option 2 Advances and balances will not exceed 18.000% per annum. During the **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.**** ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE STATEMENT (Continued) Page 2 a result. Draw Period, Options 1 and 2 Advance balances have a variable rate of interest and the ANNUAL PERCENTAGE RATE can change as In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 0.00000% per annum or more than the lesser of 18.00000% or the maximum rate allowed by applicable law. i an Access 3 Advance taken under Option 3 (an "Option 3 Advance"), Borrower will choose a repayment term for each such At the time of 3 Advance (the "Option 3 Repayment Term- which is more fully described below). The ANNUAL PERCENTAGE RATE for each Option Term shall be fixed rate calculated at the time of the Advance based upon the Prime Rate in effect on the day preceding the first Repayment a described in the Section herein day of the Billing Cycle in which each such Advance is taken, together with a margin of + 4.000%, as more fully we may make lower Option 3 entitled "Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE During the Draw Period". However, 3 Advance Advance ANNUAL PERCENTAGE RATES available from time to time. Please contact Customer Service for any such lower Option ANNUAL PERCENTAGE RATE you may be able to obtain. The maximum ANNUAL PERCENTAGE RATE for Option 3 Advances will not exceed 18.000% per annum. The ANNUAL PERCENTAGE RATE for Option 1 Advances, Option 2 Advances and Option 3 Advances does not include costs other than interest. Borrower agrees to pay monthly During the Draw Period, by the payment due date shown on the monthly statement (the "Periodic Statement"), owing as shown on the Periodic Statement (the "New Balance") or (ii) any portion of the New Balance, so long as either (i) the total amount as specifically set Borrower pays at least a "Minimum Payment" which is the sum of the minimum payments for each of the three (3) Options forth below, plus any applicable insurance premiums, debt cancellation or suspension charges, late charges, and/or miscellaneous fees as set forth on the Periodic Statement. In addition, if the New Balance exceeds the Credit Limit, Borrower will pay the amount indicated on the Advance Periodic Statement, to reduce the Account balance to within the Credit Limit. Lender may apply payments to any Option and/or institutionlocated in the balance(s), at its sole discretion. All payments must be made in United States dollars and must be drawn on a financial United States. Option 1 - Revolving Line of Credit During the Draw Period, the minimum monthly payment due for funds advanced under this Option shall be 1.5% of the total balances for Option 1. All Advances made by Credit Access Card for overdraft protection will be governed by and repaid under the provisions governing Option or 1. Minimum payments made on balances under this Option may not result in any reduction of the principal balance. Option 2 Interest Only - for funds advanced under this Option shall be the accrued interest on the balances During the Draw Period, the minimum monthly payment due of the principal balance. for Option 2. Minimum payments made on balances under this Option will not result in any reduction Option 3 - Fixed Rate/Fixed Term one hundred-twenty (120) At the time of an Advance under Option 3, Borrower will select a repayment term of sixty (60) months (5 years), or in the case of any Initial months CIO years), one hundred-eighty (180) months (15 years), two hundred-forty (240) months (20 years), 3 Repayment Term"), by noting Advances under Option 3 Borrower may additionally choose 360 months (30 years), (collectively the 'Option same on the Option 3 Check or other Advance request at the time of the Advance. If Borrower does not specify an Option 3 Repayment Term the Option 3 Repayment Term selected for any reason on the Option 3 Check or other Advance request, or if Lender is unable to determine without limitation because the merchant has converted the transaction to an automated clearinghouse transaction, or if Borrower including for each such Advance may be. set at selects an Option 3 Repayment Term which is not available or allowable, the Option 3 Repayment Term two hundred-forty (240) months at Lender's discretion. The ANNUAL PERCENTAGE RATE on Advances made under this Option shall be a fixed in effect on the day preceding the first day of the rate determined at the time the Advance is posted to the Account based upon the Prime Rate more fully described above and in the Section Billing Cycle in which each such Advance is taken, together with the margin described herein, as ANNUAL PERCENTAGE RATE During the Draw Period", for the full Option 3 Repayment Term. The entitled "Periodic Rate and Corresponding minimum monthly payment amount as to each such Advance shall be based upon the amount of the Advance, the ANNUAL PERCENTAGE RATE the Option 3 Repayment Term to establish and the Option 3 Repayment Term. Each Advance taken under this option shall be amortized over the minimum monthly payment amount. under Option 3, $15 fee shall be assessed to the Account for Option 3 Processing Fee. When Borrower has chosen to repay an Advance a processingthe Option 3 Advance, if and as allowed by applicable law. ANNUAL PERCENTAGE RATES AND PAYMENT TERMS DURING THE REPAYMENT PERIOD The ANNUAL PERCENTAGE RATE for the Repayment Period for,Option 1 and Option 2 Advances shall be a fixed rate determined on the last The Wall Street Journal prime Rate in effect on that day, together with the margin disclosed above for day of the Draw Period based on Period for the full repayment of the outstanding Options 1 and 2 Option 3 Advances made during the Draw Period. The term of the Repayment of Options 1 and 2 balances will be established using Advance balances will'be twenty (20) years. The monthly payment amount for repayment a straight twenty (20) year amortization and will be based upon the balances, the fixed interest rate and the twenty (20) year Repayment Period term. All amounts of Options 1 and 2 Advance balances not paid as of the end of the Draw Period will be paid according to the terms applicableto the Repayment Period. for the repayment of Option 3 Advances shall remain The ANNUAL PERCENTAGE RATE, the remaining term and the minimum monthly payment as determined by each applicableOption 3 Advance amount, APR and Option 3 Repayment Term. with any applicable The minimum total monthly payment will be the sum of your Options 1,2 and 3 minimum monthly payments, together fees dues. All indebtedness under this insurance premiums, debt cancellation or suspension charges,,late charges, and/or miscellaneous will be due and payable at the end of the Repayment Period. Agreement, if not already paid pursuant to the payment provisions herein, ADDITIONAL PROVISIONS will be applied to any balance of interest, How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments or suspension charges which are due; and that is due or may be required by law; then to any credit insurance, debt cancellation principal escrow and other fees; and then to the remaining principal balance. then to late charges account debit, electronic funds transfer, money order, or other Receipt of Payments. All payments must be made by a check, automatic address shown on your Periodic Statement. Payments received at that instrument in U.S. dollars and must be received by us at the remittance Line Account as of the date received. If we receive address prior to 5:00 p.m. Eastern Time on any business day will be credited to your Credit be at later times and/or other locations, such payments will be credited promptly to your Credit Line Account, but crediting may payments will be credited as described herein, any such payment will not increase or delayed for up to five (5) days after receipt. Although your payments been collected by Lender. otherwise affect your available credit until such time as the payment funds have of up to One Hundred Sixty Four Thousand Two Hundred Credit Limit. This Agreement covers a revolving line of credit for the principal amount And 00/100 Dollars ($164,200.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will hono, your request and provisions of this Agreement, the Security Deed and the related documents, including for credit advances subject to the conditions, terms Account is not in default or suspended, but not limited to the section below on Lender's Rights. During the Draw Period, as long as your of the amount borrowed (as long as you make at least each terminated or cancelled, you may borrow against the Credit Line, repay any portion We reserve the right to pay or return any requested Minimum Payment as required), and re-borrow up to the amount.of the. Credit Limit. limit violates any term, condition or requirement of this Agreement, your Security Deed or any other Advance that exceeds your credit or considered as increased in and of itself should you exceed your document related to your Credit Line Account. Your Credit Limit will not be amount by which your Credit Line Account balance exceeds Credit Limit. If you exceed your Credit Limit, you agree to repay immediately the your Credit Limit, even if we have not yet billed you. fees and costs that you are obligated to pay under this Agreement, Charges to your Credit Line. We may charge your Credit Line to pay other In addition, we may charge your Credit Line for funds required for the Security Deed or any other document related to your Credit Line. Insurance" below or as described in the Security Deed for this transaction. " continuing insurance coverage as described in the paragraph titled in your Credit Line to pay any balances, costs or expenses to protect or perfect our security interest We may also, at our option, charge your If you do without limitation, payments to cure defaults under any existing Iiens on your property. property. These costs or expenses include, taxes and charge your Credit Line therefor. Any amount so charged to not timely pay your property or other taxes, we may pay the delinquent a credit Advance and will decrease the funds available, if any, under the Credit Line, and we may post any such your Credit Line will be term if Option (and/or at our sole discretion. applicable) However, we have no obligation to provide any of the credit Advance(s) to any advances referred to in this paragraph, and you hold us harmless in this regard. obtain credit Advances under your Credit Line as follows: CreditAdvances. After the Effective Disbursement Date of this Agreement, you may Credit Line Checks. Writing a preprinted "Access 3 Equity Line Check- that we will supply to you. credit Advance in person at any of our authorized locations. Requests in Person. Requesting a i **** FILED: BROWARD COUNTY, FLBrdnda D. Formiti, CLERK. 10/25/2021 4:30:00 PM.**** t . ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE STATEMENT C-' (Continued) Page 3 CD Co CD Credit Access Card. Using your Credit Access Card as described in this Agreement, if available in your location. 1-A. for Telephone Request. Requesting credit Advance from your Credit Line to be applied to your designated account by telephone. Except a transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticityof telephone instructions and that we will not be liable aP for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one j-+ Borrower telling us not to give advances to the other. You further agree not to give us instructions which conflict with the instructions or direction of any closing agent or attorney who makes payment to us on your behalf. In the event we receive conflicting instructions, you agree that we may follow any of those instructionswithout regard to conflicting instructions, and you hereby hold us harmless and agree to indemnify us for any loss or damage, cost or expense occasioned as a result thereof or related thereto. Umitations and Transaction Requirements on the Use of Checks. Credit Access Cards. and other Advance Requests. We reserve the right not to honor Access 3 Equity Line Checks, Credit Access Card or other Advance requests in the following circumstances: Credit Umit Violation. Your Credit Limit has been or would be exceeded by paying the Access 3 Equity Line Check or Advance. Post-dated Checks. Your Access 3 Equity Line Check or Advance request is post-dated. If a post-dated Access 3 Equity Line Check or Advance request is paid and as a result any other. check or Advance is returned or not paid, we are not responsible and you hold us harmless and indemnify us therefor. Stolen Checks or Credit Access Card. Your Access 3 Equity Line Checks or Credit Access Card have been reported lost or stolen. Unauthorized Signatures. Your Access 3 Equity Line Check or Advance request is not signed by, or your Credit Access Card is used by other than, an "Authorized Signer" as defined herein. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Access 3 Equity Line Check or Advance. Transaction Violation. Your Access 3 Equity Line Check or Advance is less than the minimum amount required by this Agreement or you are in violation of any other transaction requirement or would be if we paid the Access 3 Equity Line Check or Advance. Other Restrictions.You may not make a payment on the Account with an Access 3 Equity Line Check, Credit Access Card or other Advance request from this Account. We may not honor an Access 3 Credit Line Check if you notify us that you wish to stop payment of same; however you will hold us harmless and not hold us liable if we try to stop payment of said Check and we are unable or unsuccessful in doing so. If we pay any Access 3 Equity Line Check or Advance under these conditions, you must repay us, subject to applicable laws, for the amount of the Access 3 Equity Line Check or Advance. The Access 3 Equity Line Check or Advance request itself will be evidence of your debt to us together with this Agreement.' Our liability, if any, for wrongful dishonor of a Check or Advance is limited to your actual damages. Dishonor for any reason as provided in this Agreement is wrongful dishonor. We shall not return Access 3 Equity Line Checks along with not your Periodic Statements; however, your of each use Access 3 Equity Line Check, Credit Access Card or other Advance will be reflected on your Periodic Statement as a credit Advance. We do not "certify- Access 3 Equity Line Checks drawn on your Credit Line. Authorized Signers. The words "Authorized Signer' on Access 3 Equity Line Checks or other Advance requests as used in this Agreement mean and include each person who submits the application for this Credit Line and signs this Agreement. Lost Access 3 Equity Line Checks. If you lose your Access 3 Equity Line Checks or Credit Access Card or if someone is using any of them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (888) 461-8862. You will also notify us in writing at Loan Servicing P.O. Box 305053, Nashville, TN 37230-5053. Future Credit Une Products and Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request' is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. We may also offer special products and/or services to you from time to time, including without limitation such services and products as, telephone payment options or specialized delivery services, debt cancellation or suspension products, and/or credit insurance, for which Lender may impose a fee or charge as Lender determines, subject to applicable law; and in such event, you will be advised of the amount of such fee or charge, which may be provided orally to you if allowed by applicable law, prior to your decision to accept such service or product and related fee or charge. Collateral. You acknowledge this Agreement is secured by the following collateraldescribed in the security instrument listed herein: a Mortgage or Deed of Trust to a trustee in favor of us on real property located in BROWARD County, State of Florida. The collateral must be your primary or secondary residence. Insurance.' You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance, and flood insurance if applicable, through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreementthrough an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Security Deed and/or related documents, we may purchase insurance to protect our own interest, but are not required to do so, add the premium to your balance under any Option and/or term, pursue any other remedies available to us, or do any one or more of these things. The insurance we purchase may cover only our and not your interests, and may be much more expensive and will, in most cases, provide less coverage than insurance you could buy independently. Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or someother account), including without limitation, all accounts you may open in the future, by yourself as well as with other parties. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts, and, at our option, to administrativelyfreeze all such accounts to allow us to protect our charge and setoff rights provided in this paragraph. Periodic Statements. If you have a credit or debit balance of more than $ 1.OO, or if we have imposed a finance charge on your Credit Line Account, we will send you a Periodic Statement. Lender may but is not required to safekeep the paid Access 3 Checks. Lender will make photocopies of Access 3 Checks and other instruments upon request, if.available. (If such request is not made in connection with a billing error inquiry, it may be subject to Research and Photocopy charges.) Each Access 3 Check will be deemed to be an item for purposes of the Uniform Commercial Code ("UCC") of the state in which Lender is located and the time periods and other requirements for examining Periodic Statements and reporting improper entries will begin from the time Periodic Statements are sent or made available to Borrower. Lender assumes no responsibility for entries included on Periodic Statements not received unless Borrower gives notice within sixty (60) days of the date on which the Periodic Statement is customarily mailed that it was not received. The rules for stopping payment on Access 3 Checks shall be the same;.as the Lender's rules for stopping payment on checks written on deposit accounts. The Periodic Statement will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance," and your "New Balance'. The Finance Charge ("Finance Charge') shall be the sum of the ATM Transaction Fee, the Option 3 Processing Fee, the Promotional Rate Advance Fee, each described herein, if and as allowed by applicable law, and the Periodic Finance Charge ("Periodic Finance Charge"). A Periodic Finance Charge will be imposed on the Account and will be shown on the next Periodic Statement even if the New Balance was paid in full on or before the payment due date of the prior Periodic Statement. Your Periodic Statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no "free ride period- which would allow you to avoid a FINANCE CHARGE on your Credit Line credit Advances or balances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit Advances made under your Credit Line imposed from the date of each credit Advance based on the Average Daily Balance. For each ' Billing Cycle, the Periodic Finance Charge begins to accrue on Access 3 Check or other Advances on the day the Check or other Advance request is received by the Lender for payment and transaction. Lender calculates the Periodic Finance Charge on Options 1 and 2 Advances by applying the Daily Periodic Rate to the average daily balance, and then multiplying the result by the number of days in the Billing Cycle. To " determine the Daily Balance", take the beginning balance of each of the three (3) Options each day starting with the New Balance from the last **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 10/25/2021 4:30:00 PM.**** ACCESS 3 EQUITY LINE ACCOUNT AGREEMENT AND DISCLOSURE f STATEMENT