State Law Disclosures
A. DEFINITIONS
- The following terms as used in Section B below correspond to the following terms in the Payment Plan Agreement.
- “Borrower” has the same meaning assigned to you as the Payment Plan Owner.
- “Credit Agreement,” “agreement,” “promissory note” and “loan” mean the Payment Plan Agreement.
- “I,” “me” and “my” mean the Institution.
B. STATE LAW DISCLOSURES
- ALABAMA RESIDENTS: CAUTION-IT IS IMPORTANT THAT THE BORROWER THOROUGHLY READS THIS CREDIT AGREEMENT BEFORE THE BORROWER SIGNS IT.
- IOWA, KANSAS, and NEBRASKA RESIDENTS: NOTICE TO CONSUMER: For purposes of this disclosure, the word ‘you’ means the undersigned Borrower.
- Do not sign this agreement before you (Borrower) read it.
- You (Borrower) are entitled to a copy of this agreement.
- You (Borrower) may prepay the unpaid balance at any time without penalty.
- MARYLAND RESIDENTS: You and I have agreed that this Credit Agreement is governed by federal law and the laws of state in which the Institution is located, without regard to conflict of laws rules; if any court should nevertheless determine that this Credit Agreement is subject to Maryland laws concerning credit, then only to the extent that Maryland law applies, you and I agree and elect to make this loan pursuant to Subtitle 10, Credit Grantor Closed End Credit Provisions, of Title 12 of the Maryland Commercial Law Article only to the extent such provisions are not inconsistent with my authority under federal law (12 U.S.C. § 85, § 1463(g), or§ 1831d, as appropriate) and related regulations and interpretations, which authority I expressly reserve.
- MASSACHUSETTS RESIDENTS: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
- WASHINGTON AND MISSOURI RESIDENTS: Oral loan agreements or commitments to loan money, extend credit, or forbear from enforcing repayment of debt, including promises to extend or renew such debt, are not enforceable. To protect you (Borrower) and me (Institution) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
- NEBRASKA RESIDENTS: A credit agreement must be in writing to be enforceable under Nebraska law. To protect you (Borrower) and me (the Institution) from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancelation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective.
- NEVADA RESIDENTS: This is a loan for study.
- NEW JERSEY RESIDENTS: The section headings of this Credit Agreement are a table of contents and not contract terms. Portions of this Credit Agreement with references to actions taken to the extent of ‘applicable law’ apply to acts or practices that New Jersey law permits or requires. In this Credit Agreement, acts or practices (i) by you which are or may be permitted by ‘applicable law’ are permitted by New Jersey law, and (ii) that may or will be taken by you unless prohibited by ‘applicable law’ are permitted by New Jersey law.
- OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers. The Ohio Civil Rights Commission administers compliance with this law.
- IOWA AND RHODE ISLAND RESIDENTS: This is a non-negotiable consumer note.
- TEXAS RESIDENTS: THIS WRITTEN CREDIT AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN YOU AND ME AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN YOU AND ME. If you are in default, I may require you to pay the entire unpaid principal balance, and any accrued interest at once. I don’t have to give you notice that I am demanding or intend to demand immediate payment of all that you owe.
- WISCONSIN RESIDENTS: NOTICE TO CUSTOMER: For purposes of this notice, the word ‘you’ means the undersigned (a) DO NOT SIGN THIS BEFORE YOU (BORROWER) READ THE PROMISSORY NOTE, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (c) YOU (BORROWER) ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU (BORROWER) SIGN (d) YOU (BORROWER) HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT. If you are a married Wisconsin resident: (1) Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. (2) No provision of any marital property agreement (premarital agreement), unilateral statement under Section 766.59 of the Wisconsin Statutes or court decree under Section 766.70 adversely affects the interest of the Institution unless the Institution, prior to the time that the loan is approved, is furnished with a copy of the marital property agreement, statement, or decree or has actual knowledge of the adverse provision. (3) If the loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you. You certify that information in this loan document concerning your spouse is true and accurate.