Contractual Lien. In addition to any statutory lien we have as a matter of law, you grant us a contractual lien on any and all deposits, shares, and dividends deposited or maintained 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 or other applicable law. 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 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 owing to us notwithstanding the interest of any other Owner in the Account and without notice. 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 over the counter and 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 any applicable fee in accordance with our Fee Schedule. 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-maker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares, deposits, and 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.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Except as prohibited by applicable law and/or our policies and procedures, you may pledge all or part of your shares as security for any loan. In addition to any statutory lien we have as a matter of law, you grant us a contractual lien on any and all deposits, shares, shares and dividends deposited or maintained in any Account in which you have an interest including Accounts you hold jointly with other individuals. This contractual lien extends to the extent of any loans made to you and any and/or other obligation obligations of yours that you owe owed to us, us which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act or other applicable law. 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, understand if any such Account is a Joint or Multiple Party Account, the entire amount in such the Account shall be subject to our lien statutory and contractual liens and shall secure the indebtedness of each Owner owing individual to the Account with loans or obligations to us. You agree If you are in default or otherwise fail to satisfy a financial obligation to the Credit Union, you consent that we may exercise our statutory or contractual 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 and without notice. You agree concur to pay us for all expenses and costs, including attorney’s reasonable attorney fees, that we may incur sustain in defending or enforcing our right to exercise our lien statutory or contractual liens against the indebtedness of any one or more Parties, and you agree that individual. You understand we will not be liable for dishonoring checks or other items where the exercise of our statutory and contractual lien or any right of offset that may exist results resulted in there being insufficient funds available in the Account to honor such items. If we cash a check for you over at any time the counter and 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 any applicable fee in accordance with our Fee Schedule. If we elect Credit Union elects not to enforce our lien at any timethe statutory or contractual liens, that does not mean we do not waive our right to enforce that lien them on subsequent future occasions. The lien secures statutory and contractual liens secure all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-maker, guarantor, guarantor or otherwise. You agree that, with regard The statutory and contractual liens do not apply to any indebtedness owing to us secured by your principal residenceshares or deposits in an ▇▇▇, our lien on sharesSEP, deposits▇▇▇▇▇, and dividends shall not be construed so as to diminish HSA or forfeit any security interest other Account which would result in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification loss of any claim we may have special tax treatment for you 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 voidInternal Revenue Code.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. Except as prohibited by applicable law and/or our policies and procedures, you may pledge all or part of your shares as security for any loan. In addition to any statutory lien we have as a matter of law, you grant us a contractual lien on any and all deposits, shares, shares and dividends deposited or maintained in any Account in which you have an interest including Accounts you hold jointly with other individuals. This contractual lien extends to the extent of any loans made to you and any and/or other obligation obligations of yours that you owe owed to us, us which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act or other applicable law. 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, understand if any such Account is a Joint or Multiple Party Account, the entire amount in such the Account shall be subject to our lien statutory and contractual liens and shall secure the indebtedness of each Owner owing individual to the Account with loans or obligations to us. You agree If you are in default or otherwise fail to satisfy a financial obligation to the Credit Union, you consent that we may exercise our statutory or contractual 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 and without notice. You agree concur to pay us for all expenses and costs, including attorney’s reasonable attorney fees, that we may incur sustain in defending or enforcing our right to exercise our lien statutory or contractual liens against the indebtedness of any one or more Parties, and you agree that individual. You understand we will not be liable for dishonoring checks or other items where the exercise of our statutory and contractual lien or any right of offset that may exist results resulted in there being insufficient funds available in the Account to honor such items. If we cash a check for you over at any time the counter and 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 any applicable fee in accordance with our Fee Schedule. If we elect Credit Union elects not to enforce our lien at any timethe statutory or contractual liens, that does not mean we do not waive our right to enforce that lien them on subsequent future occasions. The lien secures statutory and contractual liens secure all direct and indirect indebtedness that which you may owe to us whether as a borrower, co-maker, guarantor, guarantor or otherwise. You agree that, with regard The statutory and contractual liens do not apply to any indebtedness owing to us secured by your principal residenceshares or deposits in an IRA, our lien on sharesSEP, deposits▇▇▇▇▇, and dividends shall not be construed so as to diminish HSA or forfeit any security interest other Account which would result in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification loss of any claim we may have special tax treatment for you 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 voidInternal Revenue Code.
Appears in 1 contract
Sources: Membership and Account Agreement
Contractual Lien. In addition to any statutory lien we have as a matter of law, you grant us a contractual lien on any all shares and all depositsdividends, sharesincluding direct deposits of Social Security and other government benefits, and dividends 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 or other applicable lawAct. 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 Owner 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. You agree to hold us harmless from, and to pay us for any 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 over the counter and 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 any applicable fee in accordance with our Fee Schedule. 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-maker, guarantor, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares, deposits, and dividends 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.U.S.C.
Appears in 1 contract
Sources: Membership & Account Agreement
Contractual Lien. In addition to any statutory lien we have as a matter of law, you grant us a contractual lien on any and all deposits, sharesinterest, and dividends deposited or maintained 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 or other applicable lawAct. 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 Owner 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. 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 over the counter and 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 any applicable fee in accordance with our Fee Schedule. 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-maker, guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares, deposits, shares and dividends 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.
Appears in 1 contract
Sources: Membership and Account Agreement