HOME EQUITY APPLICATION DISCLOSURE
Allegiance Community Bank
200 Valley Street
South Orange, NJ 07079
IMPORTANT TERMS OF OUR HOME EQUITY APPLICATION DISCLOSURE
This disclosure contains important information about our 10
Yr. Interest Only Home Equity Line of Credit (the "Plan"). You should read it carefully and
keep a copy for your records.
AVAILABILITY OF TERMS. All of the terms of the Plan described herein are
subject to change. If any of these terms change (other than the ANNUAL
PERCENTAGE RATE) and you decide, as a result, not to enter into an agreement
with us, you are entitled to a refund of any fees that you paid to us or anyone
else in connection with your application.
SECURITY INTEREST. We will take a security interest in your home. You
could lose your home if you do not meet the obligations in your agreement with
us.
POSSIBLE ACTIONS. Under this Plan, we have the following rights:
Termination and Acceleration. We
can terminate the Plan and require you to pay us the entire outstanding
balance in one payment, and charge you certain fees, if any of the following
happens:
| (a) |
You commit fraud or make a material misrepresentation at
any time in connection with the Plan. This can include, for example,
a false statement about your income, assets, liabilities, or any other
aspect of your financial condition. |
| (b) |
You do not meet the repayment terms
of the Plan. |
| (c) |
Your action or inaction adversely affects the collateral
for the Plan or our rights in the collateral. This can include, for example,
failure to maintain required insurance, waste or destructive use of the
dwelling, failure to pay taxes, death of all persons liable on the account,
transfer of title or sale of the dwelling, creation of a senior lien
on the dwelling without our permission, foreclosure by the holder of
another lien or the use of funds or the dwelling
for prohibited purposes. |
Suspension or Reduction. In addition to any other rights we may have, we
can suspend additional extensions of credit or reduce your credit limit during
any period in which any of the following are in effect:
| (a) |
The value of your dwelling declines significantly
below the dwelling's appraised value for purposes of the Plan. This includes,
for example, a decline such that the initial difference between the credit
limit and the available equity is reduced by fifty percent and may include
a smaller decline depending on the individual circumstances. |
| (b) |
We reasonably believe that you will be unable to fulfill
your payment obligations under the Plan due to a material change in your
financial circumstances. |
| (c) |
You are in default under any material obligation of the
Plan. We consider all of your obligations to be material. Categories
of material obligations include, but are not limited to, the events described
above under Termination and Acceleration, obligations to pay fees and
charges, obligations and limitations on the receipt of credit advances,
obligations concerning maintenance or use of the dwelling or proceeds,
obligations to pay and perform the terms of any other deed of trust,
mortgage or lease of the dwelling, obligations to notify us and to provide
documents or information to us (such as updated financial information),
obligations to comply with applicable laws (such as zoning restrictions).
No default will occur until we mail or deliver a notice of default to
you, so you can restore your right to credit advances. |
| (d) |
We are precluded by government action from imposing the
annual percentage rate provided for under the Plan. |
| (e) |
The priority of our security interest is adversely affected
by government action to the extent that the value of the security interest
is less than 120 percent of the credit limit. |
| (f) |
We have been notified by governmental authority that continued
advances may constitute an unsafe and unsound business practice. |
| (g) |
The maximum annual percentage rate under the Plan is reached. |
Change in Terms. We may make changes to the terms of the Plan if you
agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of the Plan, or if the change
is insignificant (such as changes relating to our data processing systems).
Fees and Charges. In order to open and maintain an account, you must pay
certain fees and charges. Lender Fees. The following fees must be paid to us:
Description
Amount
NSF Handling Fee: 30.00
When Charged
At the time a payment is returned to us for non-sufficient funds
Late Charge. Your payment will be late if it is not received by us within
15 days after the "Payment Due Date" shown on your periodic statement. If your
payment is late we may charge you 5.000% of the unpaid amount of the payment.
Third Party Fees. You must pay certain fees to third parties such as
appraisers, credit reporting firms, and government agencies.
These third party fees generally total between $80.00 and $1,000.00. Upon
request, we will provide you with an itemization of the fees you will have to
pay to third parties.
PROPERTY INSURANCE. You must carry insurance on the property that secures
the Plan.
MINIMUM PAYMENT REQUIREMENTS. You can obtain advances of credit during the following period: THE FIRST 120 MONTHS FROM DATE OF INCEPTION (the "Draw Period"). Your Regular Payment will equal the amount of your accrued FINANCE CHARGES. You will make 119 of these payments. You will then be required to pay the entire balance owing in a single balloon payment. If you make only the minimum payments, you may not repay any of the principal balance by the end of this payment stream. Your payments will be due monthly. Your "Minimum Payment" will be the Regular Payment, plus any amount due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment.
MINIMUM PAYMENT EXAMPLE. IF you made only the minimum payment and took no other credit advances, it would take 10 years to pay off a credit advance of $10,000.00 at an ANNUAL PERCENTAGE RATE of 3.750%. During that period, you would make 119 monthly payments ranging from $28.77 to $31.85 and one final payment of $10,031.85.
ALTERNATE PAYMENT OPTION. After the initial 120 months, the loan can be converted to a fixed rate loan based on the rates and terms at time of maturity.
TRANSACTION REQUIREMENTS. The following transaction limitations will
apply to the use of your Credit Line:
Credit Line Allegiance Community Bank Checks Limitations. The following
transaction limitations will apply to your Credit Line and the writing of
Allegiance Community Bank Checkses.
Minimum Advance Amount. The minimum amount of any credit advance that can
be made on your Credit Line is $500.00. This means any Allegiance Community Bank Checks must be written for at least the minimum advance amount.
TAX DEDUCTIBILITY. You should consult a tax advisor regarding the deductibility of interest and charges for the Plan.
ADDITIONAL HOME EQUITY PROGRAMS. Please ask us about our other available Home Equity Line of Credit plans.
VARIABLE RATE FEATURE. The Plan has a variable rate feature. The ANNUAL
PERCENTAGE RATE (corresponding to the periodic rate), and the minimum payment
amount can change as a result. The ANNUAL PERCENTAGE RATE does not include costs
other than interest.
THE INDEX. The annual percentage rate is based on the value of an index
(referred to in this disclosure as the "Index"). The Index is the The highest
rate quoted for the Northeast edition of the Wall Street Journal Prime Rate.
Information about the Index is available or published in the Wall Street
Journal. We will use the most recent Index value available to us as of the first
day of the month following the rate change, as published in the Wall Street
Journal any annual percentage rate adjustment. If the Index is no longer
available, we will choose a new Index and margin. The new Index will have an
historical movement substantially similar to the original Index, and the new
Index and margin will result in an annual percentage rate that is substantially
similar to the rate in effect at the time the original Index becomes
unavailable.
ANNUAL PERCENTAGE RATE. To determine the Periodic Rate that will apply to
your account, we take the value of the Index, then divide the value by the
number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we
multiply the Periodic Rate by the number of days in a year (daily). This result
is the ANNUAL PERCENTAGE RATE. A change in the Index rate generally will result
in a change in the ANNUAL PERCENTAGE RATE. The amount that your ANNUAL
PERCENTAGE RATE may change also may be affected by the lifetime annual
percentage rate limits, as discussed below.
Please ask us for the current Index value, margin and annual percentage rate.
After you open a credit line, rate information will be provided on periodic
statements that we send you.
PREFERRED RATE REDUCTION. The ANNUAL PERCENTAGE RATE under the plan includes a preferred rate reduction. If the preferred rate reduction is terminated, the ANNUAL PERCENTAGE RATE may increase. The preferred rate reduction is subject to the following provisions:
Reduction Percentage: 0.250%
Description of Event That Would Cause the Preferred Rate Reduction to Terminate.
The borrower and teh bank agree to have the monthly payments for this loan automatically debited from an Allegiance Community Bank checking account in exchange for the Interest Rate being set one quarter percent (.25%) per annum lower than the Interest Rate would otherwise have been charged. In the event borrower fails to maintain a depository account in which payments are automatically deducted, the rate will increase by one quarter of one percent (.25%).
How The New Rate Will Be Determined Upon Termination of the Preferred Reduction.
The rate will increase one quarter of one percent (.25%) per annum higher than the Interest Rate would otherwise have been charged. Any increase will take the form of higher payment amounts.
FREQUENCY OF ANNUAL PERCENTAGE RATE ADJUSTMENTS. Your ANNUAL PERCENTAGE
RATE can change ON THE FIRST BUSINESS DAY OF THE MONTH. There is no limit on the
amount by which the annual percentage rate can change during any one year
period. However, under no circumstances will your ANNUAL PERCENTAGE RATE exceed
16.000% per annum at any time during the term of the Plan.
PREPAYMENT. You may prepay all or any amount owing under the Plan at any
time without penalty.
HISTORICAL EXAMPLE. The example below shows how the ANNUAL PERCENTAGE
RATE and the minimum payments for a single $10,000.00 credit advance would have
changed based on changes in the Index from 1989 to 2003. The Index values are
from the following reference period: as of the 1st week ending in March. While
only one payment per year is shown, payments may have varied during each year.
Different outstanding principal balances could result in different payment
amounts.
The table assumes that no additional credit advances were taken and that only
the minimum payment was made. It does not necessarily indicate how the Index or
your payments would change in the future. INDEX TABLE
Year (as of the 1st week ending in March) Index (%) Margin (%) ANNUAL
(%) RA
1989
..............
11.000 -0.250 10.750 91.30
1990
..............
10.000 -0.250 9.750 82.81
1991
...............
8.500 -0.250 8.250 70.07
1992
...............
6.000 -0.250 5.750 48.84
1993
...............
6.000 -0.250 5.750 48.84
1994
...............
7.250 -0.250 7.000 59.45
1995
...............
9.000 -0.250 8.750 74.32
1996
...............
8.250 -0.250 8.000 67.95
1997
...............
8.500 -0.250 8.250 70.07
1998
...............
8.500 -0.250 8.250 70.07
1999
...............
8.000 -0.250 7.750
2000
...............
9.500 -0.250 9.250
2001
...............
8.500 -0.250 8.250
2002
. ..............4.750 -0.250 4.500
2003 . ..............4.000 -0.250 3.750
(1) This is a margin we have used recently; your margin may be different.
EARLY TERMINATION FEE. Borrower agrees that in the event that this Home
Equity Line of Credit is Closed to Advances within the first two years following
the Loan Date, either voluntarily or by default, an Early Termination Fee of
$300.00 will be due and payable with the payoff proceeds and prior to releasing
the mortgage of record. This fee is due under all circumstances including the
sale of the property.
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