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