Rev 4/2020
ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE
Please read this disclosure carefully. This disclosure describes your rights and obligations as well as the rights and obligations of your servicer.
By requesting my servicer to automatically deduct funds from your checking/savings account in order to make your loan payment, you acknowledge that you have read and accept
all of the terms and conditions of this disclosure.
Definitions
As used in this disclosure, the relevant terms are defined as follows:
• “We” or “us” refers to your servicer, its successors, and assigns
• “You” and “your” refers to the owner of the payment account and anyone else authorized by the payment account’s owner to exercise control over the payment account through
this service
• Payment instructions means the information provided by you to us in order to enable us to make an electronic payment, including, but not limited to, the payment account
number and payment date
• Payment account means your savings, checking, or money market deposit account from which electronic payments will be made
• Scheduled payment date is the date that you have selected for your electronic loan payment to be made
• For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Customer Responsibility
You agree that you are responsible for all authorized transactions up to the limits allowed by applicable law. If you permit other persons to access your account, you are responsible
for any transactions they authorize.
Payment
By providing us with the account information of the financial institution at which you maintain your payment account, you authorize that financial institution to follow the payment
instructions that it receives through the payment system from us.
• When we receive a payment instruction, you authorize us to debit your payment account and remit funds to us on your behalf for credit to your loan account
• Your payment account must be a checking, savings, or money market deposit account
• All payments you make will be deducted from the account that you designate as your payment account
• Any payments you wish to make must be payable in U.S. dollars
• Funds must be available in your payment account on the scheduled payment date
• After funds are withdrawn from your payment account via an automatic deduction, the amount of the payment will be applied to your loan account with us
We will use our best efforts to make all of your loan payments properly. However, we shall not incur liability if we are unable to complete any loan payments initiated by you through
an automatic deduction because of the existence of any one or more of the following circumstances:
1. The financial institution holding your payment account refuses or is otherwise unable to honor a debit originated by you, and returns that transaction to us unpaid, regardless
of the reason for the return;
2. The financial institution that maintains your payment account mishandles or delays a payment requested by us on your behalf;
3. You have not provided us with the correct account information for the payment account; or,
4. Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the transaction, and we have
taken reasonable precautions to avoid those circumstances.
Provided that none of the foregoing four (4) exceptions apply, if we cause an incorrect amount of funds to be removed from your payment account or cause funds from your
payment account to be directed to us in a manner inconsistent with your payment instructions, we shall be responsible for returning the improperly transferred funds to your
payment account.
We are responsible only for exercising ordinary care in processing payments upon your authorization in accordance with this agreement. We will not be liable in any way
for damages or charges you incur if you do not have sufficient funds in your payment account to make a loan payment that you have scheduled pursuant to the terms of
this agreement.
Notice of Varying Amounts
If regular payments vary in amount, we will advise you 10 days prior to each payment and include the payment date and amount.
Periodic statements
You will receive a monthly account statement, unless there are no transfers in a particular month. In which case you will receive a statement at least quarterly.
Disclosure of Information to Third Parties
We will disclose information about your account or the transfers you make pursuant to the terms of this agreement to third parties only:
1. Where it is necessary for completing servicing transfers, including to allow successor payees to continue automatic payments after the servicing transfer; or
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
3. In order to comply with governmental or court orders, or other reporting requirements; or
4. If you give us your written permission; or
5. To companies affiliated with us.
Scheduled Payments and Late Fees
Except as noted in this section, your electronic loan payment will be processed monthly on the date you have selected. Each payment may take up to three (3) business days before
being debited from the payment account. If your electronic loan payment is ever scheduled to be processed on a weekend or federal holiday, we will process the payment on the
prior day that is not a weekend or federal holiday.