United Trades FCU Consumer Loan Agreement
P.O. Box 2293
Tualatin, OR 97062
Ph: 503.283.5193
© 2010 Farleigh Wada Witt. All rights reserved. May 2010 ▪ 1
This Consumer Loan Agreement (“Agreement”) governs your Loan
accounts with United Trades Federal Credit Union. In this Agreement
the terms “you” and “your” mean each person who signs the Consumer
Loan Application, an Advance Disclosure or this Agreement as a
borrower or owner of collateral, as applicable. The term “Credit Union”
means United Trades Federal Credit Union.
1. Consumer Loan Documents
Under this Agreement you are establishing an ongoing Loan
relationship with the Credit Union. You may request and receive
Consumer Loans from time to time and you may establish a Personal
Line of Credit account.
a. Consumer Loans. Each Consumer Loan that you request, and we
approve from time to time will be considered a separate Loan
transaction that is consummated at the time a Loan Advance
Disclosure for each Loan is accepted by you. The terms applicable to
your Consumer Loans will be governed by: (i) the Consumer Loan
Application; (ii) this Agreement; (iii) the Loan Advance Disclosures
provided with each Loan; (iv) a Loan proceeds check endorsement;
and (v) other Loan documents required under this Agreement. These
Loan documents are incorporated in and integrated as part of this
Agreement.
b. Line of Credit. Upon your request and approval by the Credit Union,
your Line of Credit will be established as an open-end, revolving Line
of Credit. The terms applicable to your Line of Credit account will be
governed by: (i) the Consumer Loan Application; (ii) this Agreement;
(iii) the Line of Credit Account Disclosure provided at account opening;
(iv) a Loan proceeds check endorsement; and (v) other Loan
documents required under this Agreement. These Loan documents are
incorporated in and integrated as part of this Agreement.
2. Accessing Your Loans & Line of Credit
If more than one person signs this Agreement or one of the Loan
documents, your obligations under this Agreement, are joint and
several. You and any co-applicant, jointly or alone, may request and
receive Loan advances under this Agreement, to suspend further
advances, or terminate this Agreement. You may request Loan
advances in person, by mail, by telephone or electronic transfer
service, or Loan draft to the extent applicable. The Credit Union may
disburse Loan proceeds to you directly, to third parties, or to a deposit
or share account of yours or any co-applicant in accordance with your
instructions.
a. Consumer Loan Advances. You may request and obtain one or
more Consumer Loans from the Credit Union from time to time. You
will receive a Loan Advance Disclosure at the time of each Loan which
will contain specific disclosures regarding Loan amount, interest rate,
fees, and security related to the particular advance. You may decline
any Loan transaction after receiving the Advance Disclosure without
obligation by notifying us within three days after receiving the Advance
Disclosure and returning all Loan proceeds to us. However, once you
have consummated the Loan transaction by retaining or using the Loan
proceeds, you may no longer decline Loan the transaction.
b. Line of Credit Advances. You may request and obtain a Line of
Credit account from the Credit Union. You will receive Line of Credit
Account Disclosures at the time your account is opened which will
contain specific disclosures regarding interest charges, fees, and terms
related to the account. At the time of your initial Line of Credit advance,
you will receive Personal Line of Credit Advance Disclosures which will
contain specific disclosures regarding your approved credit limit,
payment terms, and security related to the account. For a Line of Credit
account, you may access credit on your account up to your approved
credit limit, prepay any portion of the balance, and request subsequent
advances from time to time without limitation, provided you are not in
default. The approved credit limit for a Line of Credit account is the
maximum amount you may draw upon at any time under that account
without getting specific approval for additional Line of Credit advances.
If you overdraw a deposit account of yours, you agree we may treat
that transaction as a request for an advance and your authorization to
transfer funds to cover such overdraft.
3. Payment Terms
a. Promise to Pay. You promise to pay the Credit Union all Loan or
Line of Credit advances, interest, fees and charges and other amounts
due in accordance with this Agreement.
b. Payment Methods. You may make payments on your Consumer
Loan or Line of Credit by automatic transfer from shares, payroll
deduction, or by direct payment, as applicable. If you make automatic
transfer payments, you are responsible for maintaining adequate funds
in your account to satisfy your payments. If the Credit Union does not
receive your payroll deduction, the Credit Union will not waive your
payment requirement and you remain responsible for making timely
payments. You may pay all or any portion of your account at any time
without penalty, but any such prepayment will not relieve you of your
obligation to make the required minimum payments. After your loans
are paid, the Credit Union may deposit payroll deduction amounts to
your share account unless otherwise notified.
c. Periodic Payments. For Consumer Loans, you agree to make the
Periodic Payment as specified on the Loan Advance Disclosure by the
due date specified by the Credit Union. In addition to the Periodic
Payment, you agree to pay all amounts past due, including any late
fees, immediately. For Line of Credit accounts, your Periodic Payment
will equal 3% of the outstanding balance after the most recent advance,
or $25, whichever is greater.
d. Crediting Payments. Payments received at any office of the Credit
Union prior to any posted transaction cutoff hours will be credited as of
the day they are received and processed. Payments received after a
transaction cutoff hour may not be credited until the next business day.
All payments will be credited first to fees and charges, then to accrued
interest, and finally to the outstanding principal balance of your Loan
or Line of Credit.
4. Interest Charges
a. When Interest Accrues. Each Consumer Loan or Line of Credit
advance will accrue interest beginning on the date the advance is
posted to your account. Interest will continue to accrue on your account
until the entire outstanding balance is paid in full. Loan advances
deposited to a deposit account will be subject to interest from the date
of deposit even if the funds are not withdrawn immediately.
b. How to Determine Interest. You will pay interest based on the
unpaid principal balance of your Loan or Line of Credit. The unpaid
principal balance is the outstanding account balance which remains
unpaid at the close of business each day after all transactions for the
day have been posted. The interest based on your unpaid principal
balance is computed by multiplying that balance by a Periodic Rate
and multiplying by the number of days since the last payment or credit.
To get the Periodic Rate, we divide the interest rate by 365.
c. Interest Rate. The interest rate for each Loan will be set forth on the
Loan Advance Disclosure. For Line of Credit accounts, the interest rate
will be set forth on the Line of Credit Advance Disclosure. The Credit
Union may change the rates it offers from time to time. If your loan is
40 days late or more we may increase the interest rate to 18% for as
long as you are in default or six months, whichever is longer. You may
request reduction of the rate after six months of timely payments. If
payments have been made on time, during the six months review
period, we may adjust the interest rate to its original rate or its original
variable rate terms.
5. Fees and Charges
You agree to pay the fees and costs as set forth on the Loan Advance
Disclosure provided with each Loan including any application fee. You
United Trades Federal Credit Union Consumer Loan Agreement
© 2010 Farleigh Wada Witt. All rights reserved. June 2010 ▪ 2
agree to pay the fees and costs as set forth on the Line of Credit
Account Disclosures.
a. Late Fee. If any Loan payment is more than 15 days past due, you
agree to pay a late charge of 20% of the past due interest, with a
minimum of $25, and a maximum of $350.
b. Returned Payment Fee. If any Loan payment is returned unpaid for
any reason, you agree to pay a returned payment fee of $25.
c. Transfer Fee. If we make an overdraft advance and transfer funds
to a deposit account of yours, you agree to pay a $5 transfer fee.
d. Collection Costs and Attorney Fees. If you are in default under
the terms of this Agreement, you agree to pay the Credit Union’s costs
in enforcing this Agreement and collecting any amounts you owe. The
Credit Union’s costs include, to the extent permitted by applicable law,
reasonable attorney fees if the Credit Union hires an attorney, and legal
expenses incurred whether or not a lawsuit is commenced, plus any
court costs and all other reasonable sums allowed by law. Attorney
fees and legal expenses include those related to bankruptcy
proceedings (including efforts to modify or vacate any automatic stay),
trials, appeals, and any anticipated post-judgment collection actions.
You agree that all collection costs and attorney fees incurred by the
Credit Union are secured in accordance with this Agreement.
e. Voluntary Payment Protection. We may offer Voluntary Payment
Protection to you. Voluntary Payment Protection is not necessary to
obtain credit. If you purchase Voluntary Payment Protection from us,
you authorize us to add the fees or insurance charges monthly to your
Loan balance and charge you interest to the entire balance. The rate
used to determine the fees or insurance charges may change in the
future. If the rate changes, we will provide any notices required by
applicable law.
6. Events of Default
You will be in default if any of the following happen:
a. You fail to make any payment when due;
b. You break any promise you have made to the Credit Union in this
or any agreement with the Credit Union;
c. Any other creditor or governmental agency tries to take any of the
collateral, including a garnishment of your Credit Union shares;
d. The collateral is abandoned, lost, stolen, damaged, sold, borrowed
against, levied upon, seized, or attached;
e. There is any material adverse change in your financial condition;
f. You or any guarantor die, become insolvent, make an assignment
for the benefit of creditors, a receiver is appointed, or a petition for
bankruptcy is commenced by or against you;
g. Any information or representation you make on any application or
agreement with the Credit Union is not true; or
h. The Credit Union in good faith deems itself insecure.
7. Credit Union Actions
You agree the Credit Union may accept late payments and partial
payments and can delay enforcing any of its rights under this
Agreement without losing them. The Credit Union’s waiver of its rights
in one instance does not constitute a waiver of its rights in other
instances, or waiver of any other default. You agree the Credit Union
may permit a modification, extension, or renewal of any term under this
Agreement, or release or substitute collateral or any other person
obligated for repayment of this Agreement or any guaranty, and you
will remain liable for repayment of your Loan or Line of Credit. The
Credit Union may exercise any of its rights under the security
agreement and applicable law. In addition, the Credit Union may take
other actions as follows:
a. Suspension of Line of Credit Advances. The Credit Union may
suspend your ability to draw upon a Line of Credit or use any access
device or advance checks, without prior notice to you, under the
following conditions: (i) you are in default under this Agreement or any
other agreement with the Credit Union; (ii) any credit verification
indicates adverse information; (iii) any time the Credit Union
reasonably determines the value of the collateral has declined; or (iv)
you request a suspension of this account.
b. Acceleration of Loan Balance. Upon default, you waive demand
and any notice, including notice of intent to accelerate and notice of
acceleration. The Credit Union may declare the entire balance of your
loans immediately due, without prior notice.
c. Credit Union Lien/Security Interest. To the extent permitted by
applicable law and to the extent of your indebtedness to the Credit
Union, the Credit Union has a statutory lien on all your shares,
deposits, and accumulated dividends or interest in all of your accounts
at the Credit Union. In addition, you grant the Credit Union a security
interest in all shares, deposits, and accumulated dividends or interest
in all your accounts at the Credit Union, individual or joint, (except
Individual Retirement Accounts). In the event that you fail to make any
payments due to the Credit Union pursuant to the terms of this or any
other agreement with the Credit Union, you authorize the Credit Union
to immediately exercise its lien and apply the balance in these
accounts to pay any indebtedness to the Credit Union, without further
notice to you.
d. Credit Verification. You agree to provide the Credit Union upon
request at any time with current financial information, updated
employment and credit information, or a new appraisal or valuation of
collateral, as permitted by law. You understand that the Credit Union
may record such information in its files and rely on it to make decisions
about your account. You authorize the Credit Union at any time to
release information to any credit bureau, merchant or other financial
institution regarding the status and history of your account.
8. Security Agreement
a. Security Interest. You grant the Credit Union a security interest,
under the Uniform Commercial Code of the state in which the Credit
Union is located, in all collateral described on any Loan Advance
Disclosure or Line of Credit Account Disclosure received under this
Agreement to secure your loans and Line of Credit account under this
Agreement and all your other obligations (except those secured by a
dwelling or real property) to the Credit Union. Collateral granted under
this Agreement covers your past liabilities to the Credit Union and any
liabilities that may arise in the future, regardless of form. These include,
but are not limited to, loans for consumer purposes, liability which is
sole or joint, absolute or contingent, primary or secondary, purchase
money or non-purchase money, and liability under promissory notes,
credit cards, open accounts, or overdrafts (but not loans secured by a
dwelling or real property). The collateral includes accessions and
additions installed in or affixed to the collateral and any proceeds of the
collateral. All collateral securing this Loan will secure any extension,
renewal, or modification of this Loan and all your other obligations.
b. Maintenance. You agree that collateral securing this Loan will be
for personal use and will not be used as a dwelling. Except for our
security interest, you own the collateral free and clear. You will not
allow any other liens on the collateral, even if they are junior to ours.
You agree to maintain the collateral in good working order and repair
any damage that affects its value. Except for vehicles, you agree to
keep the collateral at your address of record, unless we tell you that
you can move it. If the collateral is a vehicle, you will keep it at your
present address, except for routine use, and you will not do anything
that requires registering the vehicle in another state. You may move
the collateral to your new address only if you give the Credit Union the
new address in advance. You agree the Credit Union may come upon
your premises and inspect the collateral at any reasonable time without
notice.
c. Insurance. You agree to keep the collateral insured with casualty
and fire coverage satisfactory to the Credit Union, including an
acceptable deductible. For vehicles, this means collision insurance and
comprehensive insurance with a deductible amount acceptable to the
United Trades Federal Credit Union Consumer Loan Agreement
© 2010 Farleigh Wada Witt. All rights reserved. June 2010 ▪ 3
Credit Union. You may provide this insurance through an existing
policy or a new policy obtained from anyone you want that is
acceptable to the Credit Union, and you agree to provide the Credit
Union with proof of that coverage. You agree to name the Credit Union
as loss payee. If you fail to pay any liens, buy or maintain insurance,
or make repairs to the collateral, we may do so. You agree we may add
any insurance or maintenance costs to the amount you owe under this
Agreement and may adjust your monthly payments to pay the Loan
over its originally scheduled term. The added amounts will bear interest
at the rate charged under this Agreement. Insurance we purchase will
cover only the Credit Union’s interest in the collateral and will not be
liability insurance. This security provision also secures those amounts.
You understand that all benefits paid by insurance that you or the
Credit Union purchases, and any insurance refunds or rebates will be
applied first to pay the Loan balance.
WARNING - UNLESS YOU PROVIDE US WITH EVIDENCE OF THE
INSURANCE COVERAGE AS REQUIRED BY OUR LOAN
AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR
EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY,
BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE
COLLATERAL BECOMES DAMAGED, THE COVERAGE WE
PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM
MADE AGAINST YOU. YOU MAY LATER CANCEL THIS
COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE
OBTAINED PROPER COVERAGE ELSEWHERE. YOU ARE
RESPONSIBLE FOR THE COST OF ANY INSURANCE
PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE
ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO
THE LOAN BALANCE, THE INTEREST RATE ON THE
UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE
EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR
PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO
PROVIDE PROOF OF COVERAGE. THE COVERAGE WE
PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN
INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT
SATISFY ANY NEED FOR PROPERTY DAMAGE COVERAGE OR
ANY APPLICABLE MANDATORY LIABILITY INSURANCE
REQUIREMENTS.
d. Sale of Collateral Upon Default. You may keep and use the
collateral while this Agreement is not in default. If you are in default, we
will have all of the rights of a secured party under the Uniform
Commercial Code of the state in which the Credit Union is located, in
addition to any other rights we may have. Upon request, you agree to
make the collateral available to us at a place we designate. You
authorize us to take possession of the collateral peaceably, with or
without legal process, and sell it. If you are entitled to any notice
required by applicable law, you agree that ten calendar days prior
notice is enough. Unless you ask us in writing to give you notice at a
different address, notice sent to you at your address of record will be
sufficient.
e. Additional Documents and Power of Attorney. You agree to sign
any other documents, such as financing statements, applications for
certificates of title, and certificates of title, to perfect our security
interest. You agree to give us an irrevocable power of attorney to sign
your name to title certificate(s) and to apply in your name for the
issuance of a certificate or title to any motor vehicle you have given as
collateral. To the extent permitted by applicable law, you agree we may
endorse any check payable to you, if you refuse, and you waive protest
of such action.
9. Amendments.
To the extent permitted by applicable law, you agree the Credit Union
may amend the terms of this Agreement from time to time. The Credit
Union will notify you of any changes as required by law. Any notice of
change in terms required by law will be sent to your address of record.
You agree to inform the Credit Union in writing of your current address
at all times. The Credit Union will consider this address your address
of record. Notices will be mailed to you at the most recent address you
have provided the Credit Union in writing. To the extent permitted by
law, you agree that notice to any one borrower will be considered as
giving notice to all borrowers. No oral statement by any Credit Union
officer or employee is included in this Agreement, which may be
modified only in writing. For Line of Credit Accounts, changes will apply
to existing accounts to the extent set forth in the change in terms notice.
For loans, changes will apply to new loans taken after the change
becomes effective.
10. Applicable Law
You agree this Agreement will be governed by and interpreted in
accordance with the laws of the State of Oregon. If any provision of this
Agreement is invalid, the rest of the provisions shall remain valid. If a
lawsuit is commenced, you agree to submit to jurisdiction of the courts
in the county where you reside.
Member
Date
Co-Borrower
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Grantor
Date
Grantor
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