Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph), you grant us a contractual lien on all shares, deposits, and accrued dividends in any account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party owing to us notwithstanding the interest of any other Owner in the Account and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as borrower, co-borrower, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 4 contracts
Sources: Membership & Account Agreement, Membership & Account Agreement, Membership & Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and shares, deposits, except for exempt Accountsdividends, and interest as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, dividends, and accrued dividends interest in any account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇ or any other Account whichaccount, which if pledged, pledged would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account account is a Joint or Multiple Party Account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in on the Account account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you over the counter at your request and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Accountaccount, and in accordance with our Fee Schedule, a fee may be imposed for the returned item. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrower, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 4 contracts
Sources: Consumer Deposit Agreement, Consumer Deposit Agreement, Consumer Deposit Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, deposits as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends and interest in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner or Signer owing to us notwithstanding the interest of any other Owner or Signer in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you you, or at your request, over the counter and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Accountthe account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 3 contracts
Sources: Business Membership Account Agreement, Business Membership Account Agreement, Business Membership Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.have
Appears in 3 contracts
Sources: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and shares, deposits, except for exempt Accountsdividends, and interest as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, dividends, and accrued dividends interest in any account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses Act or any other financial obligation owed to usapplicable law. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichaccount, which if pledged, pledged would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account account is a Joint or Multiple Party Account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You If you are in default or otherwise fail to satisfy a financial obligation with us, you agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Party owing to us notwithstanding the interest of any other Owner in on the Account account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient available funds in the Account account to honor such items. If we cash a check for you over the counter at your request and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Accountaccount, and in accordance with our Fee Schedule, a fee may be imposed for the returned item. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrower, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 2 contracts
Sources: Consumer Deposit Agreement, Consumer Deposit Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Joint Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 2 contracts
Sources: Account Agreement, Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, Account as security for any loan you may have now or in the futurea loan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest interest, to the extent of any loans made to you and any other obligation of yours that you owe to us, which . The contractual lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inln-Lending Act. You understand and agree Act or the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to usTexas Constitution. You are not giving a security interest in any shares or deposits in an IRA IRA, SEP, ▇▇▇▇▇, or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us us, notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s attorneys’ fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you Owners. You agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits deposited funds in an Account shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To Notwithstanding anything herein to the extent permitted by lawcontrary, any collateral loan subject to the federal Military Lending Act made to a “Covered Borrower” will not be subject to this contractual lien unless you pledge to secure have provided a loan payable to us shall secure consensual security interest in your performance Account in connection with such loan, in accordance with the requirements of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledgeMilitary Lending Act.
Appears in 2 contracts
Sources: Account Agreement, Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, shares and accrued dividends in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You ▇▇▇.▇▇▇ are not giving a security interest in any shares or deposits in an IRA or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You ▇▇▇▇.▇▇▇ agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party owing to us. You ▇▇.▇▇▇ agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You ▇▇▇▇▇▇.▇▇▇ agree to pay us for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you over the counter at your request and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account, and in accordance with our Account Services and Fee Schedule, a fee may be imposed for the returned item. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits dividends shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 2 contracts
Sources: Membership and Account Agreement, Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and shares, deposits, except for exempt Accountsdividends, and interest as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, dividends, and accrued dividends interest in any account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichaccount, which if pledged, pledged would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account account is a Joint or Multiple Party Account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in on the Account account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you over the counter at your request and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Accountaccount, and in accordance with our Fee Schedule, a fee may be imposed for the returned item. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrower, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Consumer Deposit Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, deposits as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends and interest in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits de- posits in an IRA or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise ex- ercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing enforc- ing our right to exercise our lien against the indebtedness indebted- ness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you you, or at your request, over the counter and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrowercomaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest inter- est in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification modifica- tion of any claim we may have under 11 U.S.C. §1322(b)(21322(b) (2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership & Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, deposits as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends and interest in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you ¬¬you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay hold us harmless for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesJoint Owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you at your request over the counter and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien lien, or any right of offset that which may exist exist, results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Joint Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient available funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, deposits as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends and interest in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇ or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s 's fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you you, or at your request, over the counter and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(21322(b) (2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses Act or any other financial obligation owed to usapplicable law. You are not giving a security interest in any shares or deposits in an IRA IRA, SEP, ▇▇▇▇▇ or any other Account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Multiple-Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party party to the Account owing to us. You If you are in default or otherwise fail to satisfy a financial obligation with us, you agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party owing to us us, notwithstanding the interest of any other Owner in on the Account and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s 's fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient available funds in the Account to honor such items. If we cash a check for you over the counter at your request and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account, and in accordance with the Fee Schedule, a fee may be imposed for the return item. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA IRA, SEP, ▇▇▇▇▇, or any other Account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party party to the Account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2§ 1322(b) (2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Universal Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all sharesshares and dividends, depositsincluding direct deposits of Social Security and other government benefits, and accrued dividends in any account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-in- Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares share or deposits in an IRA IRA, SEP, ▇▇▇▇▇, or any other Account account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account account is a Joint or Multiple Multiple-Party Account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Party to the account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Party owing to us notwithstanding the interest of any other Owner in the Account account, and without notice. Unless prohibited by applicable law or our policies You agree to hold us harmless from, and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, Parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2U.S.C.§1322(b)(2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership & Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds de- posited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Fed- eral Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account Ac- count against the indebtedness of any Party owing to us notwithstanding the interest of any other Owner in the Account and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, shares and accrued dividends in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇, SEP, ▇▇▇▇▇ or any other Account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party party to the Account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party owing party to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies You agree to hold us from, and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s attorneys fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Infederal Truth- in-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇, SEP, ▇▇▇▇▇, or any other Account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party party to the Account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §§ 1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.,
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, deposits as security for any loan you may have now or in the futureloan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends and interest in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-federal Truth in Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA or any other Account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay hold us harmless for all expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesJoint Owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you at your request over the counter and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal federal Truth-Inin-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇, SEP, ▇▇▇▇▇, or any other Account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party party to the Account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §§ 1322(b)(2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you may pledge all or any part of your shares and deposits, except for exempt Accounts, Account as security for any loan you may have now or in the futurea loan. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest interest, to the extent of any loans made to you and any other obligation of yours that you owe to us, which . The contractual lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inln-Lending Act. You understand and agree Act or the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to usTexas Constitution. You are not giving a security interest in any shares or deposits in an IRA IRA, SEP, ▇▇▇▇▇ or any other Account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable lawCode. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us us, notwithstanding the interest of any other Owner in the Account Account, and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for all expenses and costs, including attorney’s attorneys’ fees, that which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Parties, and you Owners. You agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that which may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-borrowermaker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits deposited funds in an Account shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To Notwithstanding anything herein to the extent permitted by lawcontrary, any collateral loan subject to the federal Military Lending Act made to a “Covered Borrower” will not be subject to this contractual lien unless you pledge to secure have provided a loan payable to us shall secure consensual security interest in your performance Account in connection with such loan, in accordance with the requirements of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledgeMilitary Lending Act.
Appears in 1 contract
Sources: Account Agreement
Contractual Lien. Unless otherwise prohibited by applicable law or our policies and procedures, you pledge all or any part of your shares and deposits, except for exempt Accounts, as security for any loan you may have now or in the future. In addition to any lien we have as a matter of law (see the Statutory Lien paragraph)law, you grant us a contractual lien on any and all shares, deposits, and accrued dividends funds deposited or maintained in any account Account in which you have an interest to the extent of any loans made to you and any other obligation of yours that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You understand and agree the contractual lien and your pledge of shares applies to loans, a negative balance in any Account, fees, costs, expenses or any other financial obligation owed to us. You are not giving a security interest in any shares or deposits in an IRA ▇▇▇ or any other Account account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Party Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Party Owner owing to us notwithstanding the interest of any other Owner in the Account and without notice. Unless prohibited by applicable law or our policies and procedures, the contractual lien and your pledge of shares authorizes us to take money from any non-exempt Account and apply it to what you owe if you are in default. For example, if you have a delinquent loan or a negative account balance, you agree we may use funds in your Account(s) to pay any or all of the unpaid obligations or negative balance. You agree to pay us for expenses and costs, including attorney’s fees, that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more PartiesOwners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien or any right of offset that may exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness that you may owe to us whether as borrower, co-borrower, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void. To the extent permitted by law, any collateral you pledge to secure a loan payable to us shall secure your performance of any other obligations owed to us. This cross-collateralization means the collateral securing a loan may serve as collateral for additional loans with us. Additionally, we may hold the collateral from a loan until all obligations are paid off. For example, we may hold the title to your vehicle as collateral for another loan even if your auto loan has been paid in full. It is your responsibility to review your loan disclosures and security agreements to understand your collateral pledges and our rights. Unless specifically agreed to by you and us in a separate writing, obligations secured by your principal residence are not included in this cross-collateralization pledge.and
Appears in 1 contract
Sources: Membership and Account Agreement