|Each of the undersigned specifically represents to Lender and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that:
(1) the information provided in this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, et seq.;
(2) the loan requested pursuant to this application (the "Loan") will be secured by a mortgage or deed of trust on the property described herein;
(3) the property will not be used for any illegal or prohibited purpose or use;
(4) all statements made in this application are made for the purpose of obtaining a residential mortgage loan;
(5) the property will not be occupied as indicated herein;
(6) any owner or servicer of the Loan may verify or reverify any information contained in the application from any source named in this application, and Lender, its successors or assigns may retain the original and/or an electronic record of this application, even if the Loan is not approved;
(7) the Lender and its agents, brokers, insurers, servicers, successors and assigns may continuously rely on the information contained in the application, and I am obligated to amend and/or supplement the information provided in this application if any of the material facts that I have represented herein should change prior to closing of the Loan;
(8) in the event that my payments on the Loan become delinquent, the owner or servicer of the Loan may, in addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one or more consumer credit reporting agencies;
(9) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law;
(10) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property or the condition or value of the property; and
(11) my transmission of this application as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing my original written signature.
Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. At times, we may still present you with paper disclosures, but as a basic proposition we need to know that you are willing to receive disclosures and other information electronically that otherwise must be provided on paper and that you have the hardware and software needed for access to this information.
After you consent to this disclosure, you will:
- Have the right or option to have the information provided or made available on paper
- Have the right to withdraw consent to receive the information electronically
- After your consent, you may request, in writing, a paper copy of your disclosure at no charge to you
The procedure used to withdraw consent applies to all of your transactions or services during your relationship with the bank:
- Subject to applicable law, you may withdraw your consent to the electronic communications in writing to:
- 144-51 Northern Blvd.
- Flushing, NY 11354
- Second Floor
- ATTN: Residential Loan Originations Dept.
- Your withdrawal of consent is effective only after you have communicated your withdrawal to us in writing and we have had a reasonable period of time to act upon your withdrawal.
- You will not be charged a fee for withdrawal of your consent including withdrawal of your consent should the bank change its hardware or software requirements
Hardware and Software Requirements
While you may be able to access and retain the electronic disclosures using other hardware and software, your personal computer needs to support the following requirements:
- You will need the latest version of Netscape Navigator or Microsoft Internet Explorer, along with an additional security download from Microsoft (Service Pack 2) to ensure a maximum (128-Bit) encryption.
- For communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required