Loanliner® Credit Agreement and Insurance Certificate
This LOANLINER® Credit Agreement, which includes the Truth in Lending Disclosures, will be referred to as "the Plan." The Plan documents include this Agreement and an Addendum. "You", "your" and "borrower" mean any person who signs the Plan. "Credit Union", "we", "our" and "us" mean the Credit Union whose name appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. Some of the provisions of the Plan apply only if the Credit Union is state chartered. A credit union has a state charter if its name does not include the words "Federal Credit Union" or "FCU". This is a multi-state document which may be used to lend to borrowers in all states except Iowa and Wisconsin.
1. HOW THIS PLAN WORKS - This is an open-end, multi-featured credit plan. We anticipate that, from time to time, you will borrow money (called "advances") under the Plan. We are not required to make advances to you under the Plan and can refuse a request for an advance at any time. The Addendum describes the different types of credit (called "sub accounts") available under the Plan, the current interest rate for each sub account expressed as a daily periodic rate and corresponding annual percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts.
2. CREDIT LIMIT - We may, but do not have to, establish a credit limit on certain sub accounts. If a credit limit is set for a sub account, you promise not to exceed the established credit limit. If you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit.
3. REPAYMENT - You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different date at the time of an advance. If the Addendum has no payment schedule for a sub account, your payments will be determined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a sub account. You may repay all or part of what you owe at any time without any prepayment penalty. Even if you prepay, you will still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule. If you have a joint share draft account, you will be responsible for paying all overdraft advances obtained by a joint holder of the share draft account. Payments will be applied in the order the Credit Union chooses.
4. PLAN ACCESS - You can obtain credit advances in any manner authorized by us. If we allow you to use your ATM/Debit card to access the Plan, you may be liable for the unauthorized use of your ATM/Debit card. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you believe your ATM/Debit card has been lost or stolen, immediately inform the Credit Union by calling or writing us at the telephone number or address that appears elsewhere in the Plan. If the card is used to obtain advances directly from the Plan, your liability will not exceed $50. If the unauthorized withdrawal is from a share draft account, your liability is governed by the Regulation E disclosures you received at the time you received your ATM/Debit card, even if the withdrawal results in an advance being made from your overdraft sub account.
5. FINANCE CHARGE - The dollar amount you pay for money borrowed is called a "finance charge" and begins on the date of each advance. A finance charge will be computed separately for each separate balance under the Plan. To compute the finance charge, the unpaid balance for each day since your last payment (or since an advance if you have not yet made a payment) is multiplied by the applicable daily periodic rate. The sum of these amounts is the finance charge owed. The balance used to compute the finance charge is the unpaid balance each day after payments and credits to that balance have been subtracted and any additions to the balance have been made. In addition to interest, we may charge other finance charges which are disclosed on the Addendum. If the interest rate is a variable interest rate, the Addendum explains how the variable interest rate works.
6. SECURITY INTEREST - The Plan is secured by the shares and deposits in all joint and individual accounts you have with the Credit Union now and in the future. Shares and deposits in an Individual Retirement Account and any other account which would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given in your shares and deposits. Additional security may be required depending on the sub account under which an advance is requested. For example, a sub account called "New Car Advances" means the security will be a new car. A sub account called "Other Secured Advances" means you must offer security acceptable to the Credit Union for the advance. Property given as security for any advance under the Plan will secure all other amounts you owe under the Plan or under any other Agreement with us now or in the future. Property securing other loans with us may also secure the Plan. However, if you have given your dwelling as security for a loan with us, that dwelling will not secure an advance made under the Plan.
7. PROPERTY INSURANCE - You will be required to purchase property insurance on certain types of security that you give for advances. You may purchase the property insurance from anyone you choose that is acceptable to the Credit Union.
8. CREDIT INSURANCE - Credit life and/or credit disability insurance is optional under the Plan. If you qualify for and purchase the insurance from us, you authorize us to add the insurance premiums monthly to your loan balance and charge you interest on the entire balance. If you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended beyond the approximate term stated on the Addendum. The credit insurance rates may change during the Plan. If the rates change, we will provide any notices required by applicable law.
9. PERIODIC STATEMENT - On a regular basis you will receive a statement showing all transactions under the Plan during the period covered by the statement. Statements and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all.
10. JOINT ACCOUNTS - If this is a joint account, each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against all of you together. If you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s).
11. FEES AND CHARGES - If you give us security interest in certain types of property, we may charge you a filing fee to protect our interest in the property. If so, the amount of the fee will be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Those fees are disclosed on the Addendum and will be added to your loan balance unless you pay them in cash.
12. UPDATING CREDIT INFORMATION - You promise that you will promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request you also agree to provide us updated financial information.
13. WAIVER - We can delay or waive enforcing any of our rights under this Plan, including your obligation to make timely payments, without losing our right to enforce the terms of the Plan at a later time. If the law makes any term(s) of the Plan unenforceable, the other terms will remain in effect.
14. DEFAULT - The following paragraph applies to borrowers in Idaho, Kansas, Maine and state chartered credit union lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospect of payment, performance, or realization on any property given as security is significantly impaired.
The following paragraph applies to borrowers in all other states and federally chartered credit unions lending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You will be in default if you break any promise you made under the Plan or if anyone is in default under any security agreement made in connection with an advance under the Plan. You will be in default if you die, file for bankruptcy, become insolvent, if you make any false or misleading statement in any credit application or update of credit information, or if something happens we believe may substantially reduce your ability to repay what you owe. You will also be in default under the Plan if you are in default under any other loan agreement with us.
15. ACTIONS AFTER DEFAULT - The following paragraph applies to borrowers in Colorado, District of Columbia, Kansas, Maine, Massachusetts, Missouri, Nebraska, West Virginia and state chartered credit unions lending to South Carolina borrowers: When you are in default and after expiration of any right you have under applicable state law to cure your default, we can demand immediate payment of the entire unpaid balance under the Plan without giving you advance notice.
The following paragraph applies to borrowers in all states and to federally chartered credit unions lending to South Carolina borrowers: When you are in default, we can require immediate payment (acceleration) of the entire unpaid balance under the Plan. You waive any right you have to demand for payment, notice of intent to accelerate and notice of acceleration.
The following paragraph applies to all borrowers: If immediate payment is demanded, you will continue to pay interest until what you owe has been repaid at the applicable interest rates in effect unless a default rate is disclosed on the Addendum. If a demand for immediate payment has been made, the shares and deposits given as security for the Plan can be applied towards what you owe. We can also exercise any other rights given by law when you are in default.
16. CANCELLING OR CHANGING THE PLAN - The following paragraph applies only to state chartered credit unions lending to Illinois borrowers: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change to the interest rate or other charges will apply to future advances.
The following paragraph applies to all borrowers other than Illinois borrowers of state chartered credit unions: We have the right to change the terms of the Plan from time to time after giving you any advance notice required by law. Any change in the interest rate will apply to future advances, and at our discretion, and subject to any requirements of applicable law, will also apply to unpaid balances.
The following paragraph applies to all borrowers: An increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You can cancel the Plan at any time. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancels the Plan.
17. NOTICE TO CO-SIGNER - YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU.
YOUR BILLING RIGHTS
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
- Your name and account number.
- The dollar amount of the suspected error.
- Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
If you have authorized us to pay a credit card account automatically from your share account or share draft account, you can stop the payment on any amount you think is wrong. To stop payment your letter must reach us three business days before the automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES. If you have a problem with the quality of property or services that you purchased with a credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
CUNA MUTUAL GROUP
CUNA Mutual Insurance Society
P.O. Box 391
Mineral Point Road Madison, WI 53701-0391
Within 30 days after you receive this Certificate, you have the right to return the Certificate to the credit union for cancellation and any premium paid by you will be immediately returned.
We certify that while you pay the premium charges for the insurance as they become due, you are insured for the coverage marked in the Schedule; subject to the terms of the Group Policy issued to the credit union.
Benefits are paid to your credit union to pay off or reduce your loan. If the benefits are more than the balance of your loan, the difference will be paid to you if you are living or to the Beneficiary named by you, if any, or to your estate. Our payment will completely discharge our liability to the extent of the payment.
Death Benefit. If you die while you are insured for life coverage, we will pay the principal balance of your loan on the date of your death, plus not more than two (2) months delinquent payments on your loan to that date, not to exceed the Maximum Amount of Life Insurance. Any death benefit paid will include interest from the date of death to the date of payment at a rate equal to the greater of 6% or the rate applicable to proceeds left on deposit with us.
Joint Insured Death Benefit. If your joint insured dies while insured for life coverage, we will pay on the same basis as above. Only one (1) death benefit, however, is payable under this Certificate.
Total Disability Insurance Benefit. If you are insured for disability coverage, we will pay a benefit if you file written proof that you became totally disabled while insured and continue to be totally disabled for longer than the period stated in the Schedule. Payment will be calculated beginning with the day shown in the Schedule.
The monthly benefit for each month of your disability to be compensated will be equal to the minimum monthly payment required on your loan on the date you became disabled. For a partial month, each daily benefit will be equal to 1/30th of the monthly benefit. Our monthly benefit payment will not exceed the Maximum Monthly Total Disability Benefit stated in the Schedule.
Our benefit payments will stop on the date:
- you are not totally disabled any more; or
- the insured portion of your loan has been repaid or otherwise stops; or
- the balance of your loan has been paid by a lump sum disability benefit under a credit life insurance policy; or
- of your death.
Definition of Total Disability. During the first 24 consecutive months of total disability, Total Disability means that you are not able to perform the duties of your occupation because of a medically determined sickness or accidental injury and are under the care and treatment of a physician. After the first 24 consecutive months of Total Disability, the definition changes and requires that you not be able to perform the duties of any occupation for which you are reasonably qualified by education, training or experience. You will be required to give us proof of your continuing Total Disability from time to time.
If your Total Disability recurs within seven (7) days after you have recovered from that period of Total Disability, we will consider this a continuation of that period of Total Disability. However, if your Total Disability recurs more than seven (7) days after you have recovered, we will consider it a new period of Total Disability.
EXCLUSIONS AND RESTRICTIONS
Misstated Age. If you non-fraudulently misstate your age, and your correct age on the effective date of insurance was over the Maximum Age, the benefit provided will be as follows:
|If Correct Age On Coverage To Effective Date Was||Coverage To Be Afforded|
|66 or under||100%|
|76 and over||70%|
|If Correct Age On Coverage To Effective Date Was||Coverage To Be Afforded|
|71 or under||100%|
|76 and over||70%|
This also applies to any insurance on your joint insured.
The following Exclusion for life insurance applies also to your joint insured.
- Suicide. We won't pay a claim if you commit suicide within 6 months after the effective date of insurance shown in the schedule. We will, however, refund the premium.
The following Exclusions apply to disability insurance.
Total Disabilities Not Covered. We won't pay a claim for any advance on a loan or return your disability insurance premium if your Total Disability:
- begins within six (6) months after the effective Date shown in the schedule and results from any disease or bodily injury for which you received medical advice, diagnosis or treatment at any time within the six (6) month period immediately preceding the Effective Date of insurance on the advance; or
- is the result of normal pregnancy.
WHEN INSURANCE STOPS
This insurance automatically stops:
- on the last day of the month in which we receive your written request to stop the insurance; or if earlier,
- on the last day of the month in which you withdraw your authorization for the addition of charges for the insurance to your loan; or
- on the last day of the month during which you reach the Maximum Age for Insurance; or
- on the date your loan stops; or
- on the last day of the month in which you are three (3) months delinquent in any payment on your loan; or
- on the date the Group Policy stops (if this happens, you will be given 31 days advance notice unless there is immediate replacement of the insurance); or
- when the balance of your loan has been paid by a lump sum disability benefit under a credit life insurance policy; or
- on the date of your death; or
- on the date your loan is transferred to a creditor other than the credit union.
WHAT THE CONTRACT IS AND HOW YOUR STATEMENTS AFFECT IT
The Group Policy, the Application for the Group Policy and the attached Member's Application are the complete contract of insurance. All statements made by you are considered to have been made to the best of your knowledge and belief. No statement can be used to contest this insurance or deny a claim unless that statement is signed by you. After two (2) years from the date of insurance, no statement made by you can be used to contest this insurance or deny a claim. If you stated in your Application that your are under the Maximum Age for Insurance, but you are not, or if your incorrectly stated your employment status, we have the right, within 75 days from the effective date of coverage, to adjust coverage or premium or to cancel your insurance. Refer to Exclusions and Restrictions regarding non-fraudulent misstatements of age.
HOW TO FILE A LIFE CLAIM
We must be given a claim report, a copy of the member's loan records, insurance application/certificate and a certified copy of the death certificate (or other lawful evidence) as proof of a life insurance claim.
HOW TO FILE A TOTAL DISABILITY CLAIM
You must contact us or your credit union about your Total Disability claim when you are eligible for benefits. Your credit union will provide you with claim forms or you can simply send us written proof of your disability. That proof must show the date and the cause of the Total Disability and how serious it is, and it must be signed by a physician or a chiropractor. The initial proof should be for the initial period of Total Disability, after you have completed the Waiting Period or Elimination Period. After that, we will require proof of your continued disability, from time to time.
You must send proof to us within 90 days after your Total Disability stops. If you cannot send proof to us within 90 days, you must do so as soon as you can. Unless you have been legally incapable of filing proof of Total Disability, we won't accept it if it is filed after one (1) year from the time it should have been filed. You can't start any legal action until 60 days after you send us proof of your Total Disability and you can't start any legal action more than three (3) years after you send the proof.
CONFORMITY WITH STATE STATUTES
Any part of the Group Policy which, on the Effective Date of the Group Policy, conflicts with the statutes of the state where the Group Policy was delivered is changed to conform to the minimum standards of those statutes.
We, at our own expense, have the right, and you must allow us the opportunity, to examine your person as often as is reasonably required while a claim is pending.
CREDIT INSURANCE INFORMATION / SCHEDULE
"You" or "Your" means the member and joint insured (if applicable).
Credit Insurance is voluntary and not required in order to obtain this loan. You may select any insurer of your choice. The rate you are charged for the insurance is subject to change. You will receive written notice before any increase goes into effect. You have the right to stop this insurance by notifying your credit union in writing.
You agree that:
- If you elect insurance, you authorize the credit union to add the charges for insurance to your loan each month.
- You are eligible for insurance only if you are working for wages or profit for 25 hours a week or more on the date of any advance. If you are not, that particular advance will not be insured until you return to work. If you are off work because of temporary layoff, strike or vacation, but soon to resume, you will be considered at work.
- If you are a homemaker, retiree or student, you are eligible for Credit Life Insurance only if you are performing all of the usual duties of a homemaker, retiree or student in the normal manner on the date of any advance and you are not receiving disability benefits from any source.
- You are eligible for insurance up to the Maximum Age for Insurance. Insurance will stop when you reach that age.
- You are insured only for Advances actually received by you. You are not insured for any unused credit which may be available to you.
- NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to the Certificate of Insurance for coverage details.
|YOU ELECT THE FOLLOWING INSURANCE COVERAGE(S)||Yes||No||COST PER $100 OF YOUR MONTHLY LOAN BALANCE|
|SINGLE CREDIT DISABILITY||14.8 cents|
|SINGLE CREDIT LIFE||5.8 cents|
|JOINT CREDIT LIFE||8.7 cents|
|Covered Member (please print)|
|MONTHLY TOTAL BENEFIT||$ 750||N/A|
|INSURABLE BALANCE PER LOAN ACCOUNT||$40,000||$40,000|
|MAXIMUM AGE FOR INSURANCE||66||71|
If you are disabled for more than 14 days, then the disability benefit will begin with the 1st day of disability.