A DIVISION OF Gesa CREDIT UNION
Consumer Loan Agreement
5200 Southcenter Blvd.
Seattle, WA 98188
206.628.4010 888.628.4010
www.inspiruscu.org
This Consumer Loan Agreement (“Agreement”) governs
your Loan accounts with Inspirus Credit Union, a
Division of Gesa Credit Union. In this Agreement the
terms “you” and “your” mean each person who
signs the Consumer Loan Application, an Advance
Disclosure or this Agreement as a borrower or owner
of collateral, as applicable. The term “Credit Union”
means Inspirus Credit Union, a Division of Gesa Credit
Union.
1. Consumer Loan Documents. Under this
Agreement you are establishing an ongoing loan
relationship with the Credit Union. You may request and
receive Consumer Loans from time to time and you may
establish a Line of Credit account.
a. Consumer Loans. Each Consumer Loan that
you request and we approve from time to time will be
considered a separate Loan transaction that is
consummated at the time a Loan Advance Disclosure for
each Loan is accepted by you. The terms applicable to
your Consumer Loans will be governed by: (i) the
Consumer Loan Application; (ii) this Agreement; (iii) the
Loan Advance Disclosures provided with each Loan; (iv) a
Loan proceeds check endorsement; and (v) other Loan
documents required under this Agreement. These Loan
documents are incorporated in and integrated as part of
this Agreement.
b. Line of Credit. Upon your request and approval
by the Credit Union, your Line of Credit will be
established as an open-end, revolving Line of Credit. The
terms applicable to your Line of Credit account will be
governed by: (i) the Consumer Loan Application; (ii) this
Agreement; (iii) the Line of Credit Account Disclosure
provided at account opening; (iv) a Loan proceeds check
endorsement; and (v) other Loan documents required
under this Agreement. These Loan documents are
incorporated in and integrated as part of this Agreement.
2. Accessing Your Loans & Line of Credit. If more
than one person signs this Agreement or one of the loan
documents, your obligations under this Agreement, are
joint and several. You and any co-applicant, jointly or
alone, may request and receive loan advances under this
Agreement, to suspend further advances, or terminate
this Agreement. You may request loan advances in
person, by mail, by telephone or electronic transfer
service, or loan draft to the extent applicable. The Credit
Union may disburse loan proceeds to you directly, to
third parties, or to a deposit or share account of yours or
any co-applicant in accordance with your instructions.
a. Consumer Loan Advances. You may request
and obtain one or more Consumer Loans from the Credit
Union from time to time. You will receive a Loan
Advance Disclosure at the time of each Loan which will
contain specific disclosures regarding Loan amount,
interest rate, fees, and security related to the particular
advance. You may decline any Loan transaction after
receiving the Advance Disclosure without obligation by
notifying us within three days after receiving the Advance
Disclosure and returning all Loan proceeds to us.
However, once you have consummated the Loan
transaction by retaining or using the Loan proceeds, you
may no longer decline the Loan transaction.
b. Line of Credit Advances. You may request and
obtain a Line of Credit account from the Credit Union.
You will receive Line of Credit Account Disclosures at the
time your account is opened which will contain specific
disclosures regarding interest charges, fees, and terms
related to the account. At the time of your initial Line of
Credit advance, you will receive Line of Credit Advance
Disclosures which will contain specific disclosures
regarding your approved credit limit, payment terms, and
security related to the account. For a Line of Credit
account, you may access credit on your account up to
your approved credit limit, prepay any portion of the
balance, and request subsequent advances from time to
time without limitation, provided you are not in default.
The approved credit limit for a Line of Credit account is
the maximum amount you may draw upon at any time
under that account without getting specific approval for
additional Line of Credit advances. If you overdraw a
deposit account of yours, you agree we may treat that
transaction as a request for an advance and your
authorization to transfer funds to cover such overdraft.
3. Payment Terms.
a. Promise to Pay. You promise to pay the Credit
Union all Loan or Line of Credit advances, interest, fees
and charges and other amounts due in accordance with
this Agreement.
b. Payment Methods. You may make payments
on your Consumer Loan or Line of Credit by automatic
transfer from shares, payroll deduction, or by direct
payment, as applicable. If you make automatic transfer
payments, you are responsible for maintaining adequate
funds in your account to satisfy your payments. If the
Credit Union does not receive your payroll deduction, the
Credit Union will not waive your payment requirement
and you remain responsible for making timely payments.
You may pay all or any portion of your account at any
time without penalty, but any such prepayment will not
relieve you of your obligation to make the required
minimum payments. After your Loans are paid, the
Credit Union may deposit payroll deduction amounts to
your share account unless otherwise notified.
c. Periodic Payments. For Consumer Loans, you
agree to make the Periodic Payment as specified on the
Loan Advance Disclosure by the due date specified by the
Credit Union. In addition to the Periodic Payment, you
© 2017 Farleigh Wada Witt. All rights reserved 1 March 2017
Consumer Loan Agreement
Inspirus Credit Union, a Division of Gesa Credit Union
agree to pay all amounts past due, including any late
fees, immediately. For Line of Credit accounts, your
Periodic Payment will equal 3% of the outstanding
balance, or $25.00, whichever is greater.
d. Crediting Payments. Payments received at any
office of the Credit Union prior to any posted transaction
cutoff hours will be credited as of the day they are
received and processed. Payments received after a
transaction cutoff hour may not be credited until the next
business day. All payments will be credited first to
accrued interest, then to fees and charges, and finally to
the outstanding principal balance of your Loan or Line of
Credit.
4. Interest Charges.
a. When Interest Accrues. Each Consumer Loan
or Line of Credit advance will accrue interest beginning
on the date the advance is posted to your account.
Interest will continue to accrue on your account until the
entire outstanding balance is paid in full. Loan advances
deposited to a deposit account will be subject to interest
from the date of deposit even if the funds are not
withdrawn immediately.
b. How to Determine Interest. You will pay
interest based on the unpaid principal balance of your
Loan or Line of Credit. The unpaid principal balance is
the outstanding account balance which remains unpaid at
the close of business each day after all transactions for
the day have been posted. The interest based on your
unpaid principal balance is computed by multiplying that
balance by a Periodic Rate and multiplying by the number
of days since the last payment or credit. To get the
Periodic Rate, we divide the interest rate by 365.
c. Interest Rate. The interest rate for each Loan
will be set forth on the Loan Advance Disclosure. For
Line of Credit accounts, the interest rate will be set forth
on the Line of Credit Advance Disclosure. The Credit
Union may change the rates it offers from time to time.
d. Default Rate for Failure to Provide Title. If
your Loan is secured by collateral that is subject to a
certificate of title, you must provide us with all
documents, information, and signatures or authorizations
necessary to obtain a new certificate of title showing the
Credit Union as the secured party (legal owner). If you
fail to do so within 60 days after the loan date, we may
increase the interest rate on your loan to 14.99%. The
increased interest rate is in addition to (and not in lieu
of) any other rights we have on default.
5. Fees and Charges. You agree to pay the fees and
costs as set forth on the Loan Advance Disclosure
provided with each Loan including any application fee.
You agree to pay the fees and costs as set forth on the
Line of Credit Account Disclosures.
a. Collection Costs and Attorney Fees. If you
are in default under the terms of this Agreement, you
agree to pay the Credit Union’s costs in enforcing this
Agreement and collecting any amounts you owe. The
Credit Union’s costs include, to the extent permitted by
applicable law, reasonable attorney fees if the Credit
Union hires an attorney, and legal expenses incurred
whether or not a lawsuit is commenced, plus any court
costs and all other reasonable sums allowed by law.
Attorney fees and legal expenses include those related to
bankruptcy proceedings (including efforts to modify or
vacate any automatic stay), trials, appeals, and any
anticipated post-judgment collection actions. You agree
that all collection costs and attorney fees incurred by the
Credit Union are secured in accordance with this
Agreement.
b. Voluntary Payment Protection. We may offer
Voluntary Payment Protection to you. Voluntary Payment
Protection is not necessary to obtain credit. If you
purchase Voluntary Payment Protection from us, you
authorize us to add the fees or insurance charges
monthly to your Loan balance and charge you interest to
the entire balance. The rate used to determine the fees
or insurance charges may change in the future. If the
rate changes, we will provide any notices required by
applicable law.
6. Events of Default. You will be in default if any of
the following happen:
a. You fail to make any payment when due;
b. You break any promise you have made to the
Credit Union in this or any agreement with the Credit
Union;
c. Any other creditor or governmental agency tries
to take any of the collateral, including a garnishment of
your Credit Union shares;
d. The collateral is abandoned, lost, stolen,
damaged, sold, borrowed against, levied upon, seized, or
attached;
e. There is any material adverse change in your
financial condition;
f. You or any guarantor die, become insolvent,
make an assignment for the benefit of creditors, a
receiver is appointed, or a petition for bankruptcy is
commenced by or against you;
g. Any information or representation you make on
any application or agreement with the Credit Union is not
true; or
h. The Credit Union in good faith deems itself
insecure.
© 2017 Farleigh Wada Witt. All rights reserved. 2 March 2017
Consumer Loan Agreement
Inspirus Credit Union, a Division of Gesa Credit Union
7. Credit Union Actions. You agree the Credit Union
may accept late payments and partial payments and can
delay enforcing any of its rights under this Agreement
without losing them. The Credit Union’s waiver of its
rights in one instance does not constitute a waiver of its
rights in other instances, or waiver of any other default.
You agree the Credit Union may permit a modification,
extension, or renewal of any term under this Agreement,
or release or substitute collateral or any other person
obligated for repayment of this Agreement or any
guaranty, and you will remain liable for repayment of
your Loan or Line of Credit. The Credit Union may
exercise any of its rights under the security agreement
and applicable law. In addition, the Credit Union may
take other actions as follows:
a. Suspension of Line of Credit Advances. The
Credit Union may suspend your ability to draw upon a
Line of Credit or use any access device or advance
checks, without prior notice to you, under the following
conditions: (i) you are in default under this Agreement
or any other agreement with the Credit Union; (ii) any
credit verification indicates adverse information; (iii) any
time the Credit Union reasonably determines the value of
the collateral has declined; or (iv) you request a
suspension of this account.
b. Acceleration of Loan Balance. Upon default,
you waive demand and any notice, including notice of
intent to accelerate and notice of acceleration. The
Credit Union may declare the entire balance of your
Loans immediately due, without prior notice.
c. Credit Union Lien/Security Interest. To the
extent permitted by applicable law and to the extent of
your indebtedness to the Credit Union, the Credit Union
has a statutory lien on all your shares, deposits, and
accumulated dividends or interest in all of your accounts
at the Credit Union. In addition, you grant the Credit
Union a security interest in all shares, deposits, and
accumulated dividends or interest in all your accounts at
the Credit Union, individual or joint, (except Individual
Retirement Accounts). In the event that you fail to make
any payments due to the Credit Union pursuant to the
terms of this or any other agreement with the Credit
Union, you authorize the Credit Union to immediately
exercise its lien and apply the balance in these accounts
to pay any indebtedness to the Credit Union, without
further notice to you.
d. Credit Verification. You agree to provide the
Credit Union upon request at any time with current
financial information, updated employment and credit
information, or a new appraisal or valuation of collateral,
as permitted by law. You understand that the Credit
Union may record such information in its files and rely on
it to make decisions about your account. You authorize
the Credit Union at any time to release information to
any credit bureau, merchant or other financial institution
regarding the status and history of your account.
8. Security Agreement.
a. Security Interest. You grant the Credit Union a
security interest, under the Uniform Commercial Code in
which the Credit Union is located, in all collateral
described on any Loan Advance Disclosure or Line of
Credit Account Disclosure received under this Agreement
to secure your Loans and Line of Credit account under
this Agreement and all your other obligations (except
those secured by a dwelling or real property) to the
Credit Union. Collateral granted under this Agreement
covers your past liabilities to the Credit Union and any
liabilities that may arise in the future, regardless of form.
These include, but are not limited to, Loans for Consumer
purposes, liability which is sole or joint, absolute or
contingent, primary or secondary, purchase money or
non-purchase money, and liability under promissory
notes, credit cards, open accounts, or overdrafts (but not
Loans secured by a dwelling or real property). The
collateral includes accessions and additions installed in or
affixed to the collateral and any proceeds of the
collateral. All collateral securing this Loan will secure any
extension, renewal, or modification of this Loan and all
your other obligations.
b. Maintenance. You agree that collateral securing
this Loan will be for personal use and will not be used as
a dwelling. Except for our security interest, you own the
collateral free and clear. You will not allow any other
liens on the collateral, even if they are junior to ours.
You agree to maintain the collateral in good working
order and repair any damage that affects its value.
Except for vehicles, you agree to keep the collateral at
your address of record, unless we tell you that you can
move it. If the collateral is a vehicle, you will keep it at
your present address, except for routine use, and you will
not do anything that requires registering the vehicle in
another state. You may move the collateral to your new
address only if you give the Credit Union the new address
in advance. You agree the Credit Union may come upon
your premises and inspect the collateral at any
reasonable time without notice.
c. Insurance. You agree to keep the collateral
insured with casualty and fire coverage satisfactory to
the Credit Union, including an acceptable deductible. For
vehicles, this means collision insurance and
comprehensive insurance with a deductible amount
acceptable to the Credit Union. You may provide this
insurance through an existing policy or a new policy
obtained from anyone you want that is acceptable to the
Credit Union, and you agree to provide the Credit Union
with proof of that coverage. You agree to name the
Credit Union as loss payee. If you fail to pay any liens,
buy or maintain insurance, or make repairs to the
collateral, we may do so. You agree we may add any
insurance or maintenance costs to the amount you owe
under this Agreement and may adjust your monthly loan
payments so the insurance premiums are paid under the
original certificate term or as the Credit Union otherwise
© 2017 Farleigh Wada Witt. All rights reserved. 3 March 2017
Consumer Loan Agreement
Inspirus Credit Union, a Division of Gesa Credit Union
determines necessary to meet your obligations. The
added amounts will bear interest at the rate charged
under this Agreement. Insurance we purchase will cover
only the Credit Union’s interest in the collateral and will
not be liability insurance. This security provision also
secures those amounts. You understand that all benefits
paid by insurance that you or the Credit Union purchases
and any insurance refunds or rebates will be applied first
to pay the Loan balance.
WARNING - UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS REQUIRED BY OUR
LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT
YOUR EXPENSE TO PROTECT OUR INTEREST. THIS
INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR
INTEREST. IF THE COLLATERAL BECOMES DAMAGED,
THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM
YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU
MAY LATER CANCEL THIS COVERAGE BY PROVIDING
EVIDENCE THAT YOU HAVE OBTAINED PROPER
COVERAGE ELSEWHERE. YOU ARE RESPONSIBLE FOR
THE COST OF ANY INSURANCE PURCHASED BY US. THE
COST OF THIS INSURANCE MAY BE ADDED TO YOUR
LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN
BALANCE, THE INTEREST RATE ON THE UNDERLYING
LOAN WILL APPLY TO THIS ADDED AMOUNT. THE
EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR
PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO
PROVIDE PROOF OF COVERAGE. THE COVERAGE WE
PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE
THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND
MAY NOT SATISFY ANY NEED FOR PROPERTY DAMAGE
COVERAGE OR ANY APPLICABLE MANDATORY LIABILITY
INSURANCE REQUIREMENTS.
d. Sale of Collateral Upon Default. You may
keep and use the collateral while this Agreement is not in
default. If you are in default, we will have all of the
rights of a secured party under the Uniform Commercial
Code of the state in which the Credit Union is located, in
addition to any other rights we may have. Upon request,
you agree to make the collateral available to us at a
place we designate. You authorize us to take possession
of the collateral peaceably, with or without legal process,
and sell it. If you are entitled to any notice required by
applicable law, you agree that ten calendar days prior
notice is enough. Unless you ask us in writing to give
you notice at a different address, notice sent to you at
your address of record will be sufficient.
e. Additional Documents and Power of
Attorney. You agree to sign any other documents, such
as financing statements, applications for certificates of
title, and certificates of title, to perfect our security
interest. You agree to give us an irrevocable power of
attorney to sign your name to title certificate(s) and to
apply in your name for the issuance of a certificate or
title to any motor vehicle you have given as collateral.
To the extent permitted by applicable law, you agree we
may endorse any check payable to you, if you refuse,
and you waive protest of such action.
9. Amendments. To the extent permitted by
applicable law, you agree the Credit Union may amend
the terms of this Agreement from time to time. The
Credit Union will notify you of any changes as required by
law. Any notice of change in terms required by law will
be sent to your address of record. You agree to inform
the Credit Union in writing of your current address at all
times. The Credit Union will consider this address your
address of record. Notices will be mailed to you at the
most recent address you have provided the Credit Union
in writing. To the extent permitted by law, you agree
that notice to any one borrower will be considered as
giving notice to all borrowers. No oral statement by any
Credit Union officer or employee is included in this
Agreement, which may be modified only in writing. For
Line of Credit Accounts, changes will apply to existing
accounts to the extent set forth in the change in terms
notice. For Loans, changes will apply to new Loans taken
after the change becomes effective.
10. Applicable Law. You agree this Agreement will be
governed by and interpreted in accordance with the laws
of the State of Washington. If any provision of this
Agreement is invalid, the rest of the provisions shall
remain valid. If a lawsuit is commenced, you agree to
submit to jurisdiction of the courts in the county where
you reside.
Member:
Date:
Co-Borrower:
Date:
Grantor:
Date:
Grantor:
Date:
© 2017 Farleigh Wada Witt. All rights reserved. 4 March 2017