Nexity Bank
3500 Blue Lake Drive, Suite 330
Birmingham, AL 35243
877-738-6391
In this disclosure the words "you" and "your" mean the
recipient of this disclosure, and the words "we", "us" and "our'
mean Nexity Bank, the Lender listed above. "e" means an estimate.
IMPORTANT TERMS OF OUR HOME EQUITY LINE OF CREDIT
RETENTION OF INFORMATION
This disclosure contains important information about our home equity line
of credit, Home Equity Line ("Account"). You should read it carefully
and keep a copy for your records.
AVAILABILITY
OF TERMS
All of the terms described below are subject to change. If 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 you paid to us or anyone else in connection with your application.
SECURITY INTEREST
We will take a security interest in your home (collateral). You could lose
your home if you do not meet the obligations in your Agreement with us.
POSSIBLE ACTIONS
We can terminate your Account, and require you to pay us the entire outstanding
balance in one payment if: you engage in fraud or material misrepresentation
in connection with the Account; or, you do not meet the repayment terms;
and/or, your action or inaction adversely affects the collateral or our
rights in the collateral.
We can refuse to make additional extensions of credit or reduce your credit
limit if: the value of the dwelling securing the Account declines significantly
below its appraised value for purposes of the Account; or, we reasonably
believe you will not be able to meet the repayment requirements due to a
material change in your financial circumstances; or, you are in default of
a material obligation in the Agreement; or, government action prevents us
from imposing the Annual Percentage Rate provided for or impairs our security
interest such that the value of the interest is less than 120 percent of
the credit line; or, a regulatory agency has notified us that continued advances
would constitute an unsafe and unsound practice; and/or, the maximum Annual
Percentage Rate is reached.
MINIMUM PAYMENT REQUIREMENTS
You can obtain advances of credit for 120 months (the "Draw Period").
During the Draw Period, payments will be due monthly. Your minimum periodic
payment will be equal to the interest that has accrued on your Account as
of the closing date of each billing statement.
After the Draw Period
ends, you will no longer be able to obtain credit advances and must pay
the outstanding balance over 180 months (the "Repayment
Period"). During the Repayment Period, payments will be due monthly.
Your minimum periodic payment will be equal to 1/180 of the outstanding principal
balance, determined and fixed as of the end of the Draw Period, plus accrued
interest as of the closing date of each billing statement.
MINIMUM PAYMENT EXAMPLE
If you made only the minimum monthly payments and took no other credit advances,
it would take 25.000 years to pay off a credit advance of $10,000.00 at
an ANNUAL PERCENTAGE RATE of 6.000 %. During the Draw Period, you would
make 120 monthly payments of $50.00. During the Repayment Period you would
make 179 monthly payments varying between $105.56 and $56.11. This would
be followed by one final payment of $55.03.
FEES AND CHARGES
To open and maintain your Account, you must carry insurance on the property
securing your Account.
You must also pay certain fees to third parties. These fees generally total
between $0.00 and $5,000.00. If you ask, we will give you an itemization
of the fees that you will have to pay to third parties.
If you tell us you
have decided not to enter into the Account within three days of receiving
this Disclosure and the brochure "When Your Home Is
On The Line: What You Should Know About Home Equity Lines of Credit" in
person, or within six days after the day we mail them to you, as the case
might be, any fees or charges you might have already paid will be refunded.
TAX DEDUCTIBILITY
You should consult a tax advisor regarding the deductibility of interest
and charges for the Account.
OTHER PRODUCTS
If you ask, we will provide you with information on our other available home
equity products.
VARIABLE RATE FEATURE
The Account has a variable rate feature. The Annual Percentage Rate (corresponding
to the periodic rate) and minimum payment can change as a result. The Annual
Percentage Rate includes only interest and no other costs. The Annual Percentage
Rate is based on the value of an index. The index is the Wall Street Journal
published Prime Rate (if published in a range, the highest number in the
range will be used) and is published in the Wall Street Journal. Ask us
for the current index value and Annual Percentage Rate. After you open
an Account, rate information will be provided on periodic statements that
we furnish to you.
RATE CHANGES
The Annual Percentage Rate can change daily. The maximum ANNUAL PERCENTAGE
RATE that can apply is 18.000%. Apart from this rate cap, there is no limit
on the amount by which the rate can change in any one year period.
MAXIMUM RATE AND PAYMENT EXAMPLE
If the ANNUAL PERCENTAGE RATE during the Draw Period equaled the 18.000 %
maximum and you had an outstanding balance of $10,000.00, your minimum
payment would be $150.00. The maximum Annual Percentage Rate could be reached
the first time your Annual Percentage Rate changes, unless your initial
rate is equal to the maximum, in which case it would be reached immediately.
If you had an outstanding balance of $10,000.00 at the beginning of the
Repayment Period, the minimum payment at the maximum ANNUAL PERCENTAGE
RATE of 18.000 % would be $205.56. This Annual Percentage Rate could be reached
at the beginning of the Repayment Period.
HISTORICAL EXAMPLE
The following table 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 over the past 15 years. The index values are from
the last business day of January of each year. While only one payment amount
per year is shown, payments would have varied during each year.
The table assumes that no additional credit advances were taken, that only
the minimum payments were made, and that the rate remained constant during
each year. It does not necessarily indicate how the index or your payments
will change in the future.