Common use of Contractual Lien Clause in Contracts

Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any and all funds deposited or maintained in any Account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You are not giving a security interest in any shares or deposits in an IRA or any other account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Owner owing to us notwithstanding the interest of any other Owner in the Account, and without notice. You agree to pay us for expenses and costs, including attorney’s fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, or any right of offset which may exist, results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as borrower, co-maker, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. 1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Account Agreement

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Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any and all funds deposited or maintained in any Account account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You are not giving a security interest in any shares or deposits in an IRA or any other account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code. You agree that, if any such Account account is a Joint or Multiple Party Accountjoint account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Owner joint owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Owner joint owner owing to us us, notwithstanding the interest of any other Owner joint owner in the Accountaccount, and without notice. You agree to pay hold us harmless for expenses and costs, including attorney’s fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Ownersjoint owner, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which may exist, exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as a borrower, co-maker, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim claims we may have under 11 U.S.C. 1322(b)(2§1322(b) (2), and to the extent that this lien is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Electronic Funds Transfer Agreement

Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any and all funds deposited or maintained in any Account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You are not giving a security interest in any shares or deposits in an IRA or any other account whichAccount, which if pledged, would result in the loss of special tax treatment under the Internal Revenue Code. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Joint Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Owner owing to us notwithstanding the interest of any other Owner in the Account, and without notice. You agree to pay us for expenses and costs, including attorney’s fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which may exist, exist results in there being insufficient available funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as a borrower, co-maker, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Account Agreement

Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any and all funds deposited or maintained in any Account in which you have an interest to the extent of any loans made to you and any other obligation of yours which that you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You are not giving a security interest in any shares or deposits in an IRA XXX or any other account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue CodeCode or other applicable law. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Owner owing to us notwithstanding the interest of any other Owner in the Account, Account and without notice. You agree to pay us for expenses and costs, including attorney’s fees, which that we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which that may exist, exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which that you may owe to us whether as borrower, co-maker, guarantor guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Membership and Account Agreement

Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any and all funds deposited or maintained in any Account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal federal Truth-Inin-Lending Act. You are not giving a security interest in any shares or deposits in an IRA IRA, SEP, Xxxxx, or any other account Account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code. You agree that, if any such Account is a Joint or Multiple Party Account, the entire amount in such Account shall be subject to our lien and shall secure the indebtedness of each Owner party to the Account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account against the indebtedness of any Owner owing to us notwithstanding the interest of any other Owner in the Account, and without notice. You agree to pay us for expenses and costs, including attorney’s fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Owners, parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which may exist, exist results in there being insufficient funds in the Account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as a borrower, co-maker, guarantor guarantor, or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. 1322(b)(2§ 1322(b) (2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Account Agreement

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Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any all shares and all funds deposited or maintained dividends in any Account account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-In-Lending Act. You are not giving a security interest in any shares or deposits in an IRA or any other account which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Codeobligation. You agree that, if any such Account account is a Joint or Multiple Party Accountjoint account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Owner joint owner owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Owner joint owner owing to us notwithstanding the interest of any other Owner joint owner in the Accountaccount, and without notice. You agree to pay hold us harmless for expenses and costs, including attorney’s 's fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Ownersjoint owners, and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which may exist, exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as a borrower, co-maker, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. 1322(b)(2U.S.C.§1322(b)(2), and to the extent that this lien is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Membership and Account Agreement – Terms and Conditions

Contractual Lien. In addition to any lien we have as a matter of law, you grant us a contractual lien on any all shares and all funds deposited or maintained dividends, including direct deposits of Social Security and other government benefits, in any Account account in which you have an interest to the extent of any loans made to you and any other obligation of yours which you owe to us, which lien secures repayment of any such loan or obligation to the extent not prohibited under the Federal Truth-Inin-Lending Act. You are not giving a security interest in any shares share or deposits in an IRA IRA, SEP, Xxxxx or any other account account, which, if pledged, would result in the loss of special tax treatment under the Internal Revenue Code. You agree that, if any such Account account is a Joint or Multiple Multiple-Party Account, the entire amount in such Account account shall be subject to our lien and shall secure the indebtedness of each Owner Party to the account owing to us. You agree that we may exercise our lien and apply the entire amount in any such Account account against the indebtedness of any Owner owing Party to us notwithstanding the interest of any other Owner in the Accountaccount, and without notice. You agree to hold us harmless from, and to pay us for any expenses and costs, including attorney’s fees, which we may incur in defending or enforcing our right to exercise our lien against the indebtedness of any one or more Owners, Parties and you agree that we will not be liable for dishonoring checks or other items where the exercise of our lien, lien or any right of offset which may exist, exist results in there being insufficient funds in the Account account to honor such items. If we cash a check for you and any such check is subsequently returned unpaid for any reason, you agree that we may charge the amount of the item against your Account. If we elect not to enforce our lien at any time, we do not waive our right to enforce that lien on subsequent occasions. The lien secures all direct and indirect indebtedness which you may owe to us whether as a borrower, co-maker, guarantor or otherwise. You agree that, with regard to any indebtedness owing to us secured by your principal residence, our lien on shares and deposits shall not be construed so as to diminish or forfeit any security interest in lien or indebtedness secured by such residence, nor shall our lien be construed so as to permit the modification of any claim we may have under 11 U.S.C. §1322(b)(2), and to the extent that this lien may be or is so construed, it is hereby waived and shall be void.

Appears in 1 contract

Samples: Account Agreement

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