Thank you for applying with us. In order to proceed to the secure electronic application you will need to read and accept the conditions of the following NOTICE. Please read the details about internet security and encryption which are available in the next section before you begin the application. Completing the application does not obligate you to proceed. There is absolutely no cost to apply. Your personal information is secure and confidential and will only be used in connection with your loan request. We never sell, rent, share or provide your personal information to outside parties for any marketing purpose. We have no intention to change this policy in the future. We are committed to protecting your privacy. You may withdraw your loan request at any time. Once we receive your electronic application, we will contact you to review your application. We will begin processing your application upon submission and receipt of a completed application. You must speak directly with our mortgage division to "lock-in" an interest rate and authorize the processing of your loan. Thank you again, we appreciate you and we value your business.
This application is designed to be completed by one or two applicants. Co-Borrower information should be provided if applicable. This is a SECURE application. If you are not sure how to answer a question or do not have enough time, leave it blank and continue. We can fill in any missing information later. The email address and password you enter can be used to resume and complete your application at any time until it is submitted. Your information is saved each time you click on a different step and will be available when you return to your application later. We will receive your application once you click the "Submit" button at the end. Thanks again. We appreciate you and we value the opportunity to serve you.
NOTICE
PLEASE READ ENTIRE DOCUMENT
• AFTER READING THIS DOCUMENT YOU WILL BE PROMPTED TO CLOSE THE WINDOW, then
• CLICK "ACCEPT" OR "CONTINUE" TO ACCEPT and "DECLINE" OR "CANCEL" TO DECLINE
• PRINT AND KEEP A COPY FOR YOUR RECORDS
The following terms and conditions apply to electronic communications available through the secure online services accessed through theabcmortgage.com or theabcbank.com. For purposes of this Notice and Consent Regarding Electronic Communications Delivery (the "Notice and Consent"), the "Online Application Service" means your online access to data pertaining to your mortgage application, account and disclosures and your online ability to control or implement decisions relating to your mortgage process.
IMPORTANT DEFINITIONS
"WE," "US," "OUR," "AMERICAN BANK OF COMMERCE," "ABC Bank" AND "BANK" means American Bank of Commerce.
"COMMUNICATIONS" means any and all communications with us, whether or not required by a law or regulation, including, without limit:
• Notices (e.g. renewal, termination, maturity, delinquency, approval, requests for additional information, change of terms, and other notices);
• Disclosures (e.g. initial, periodic, annual, adverse action, and other disclosures);
• Privacy statements;
• Service notifications; and
• Periodic statements.
Examples of laws and regulations which might require such communications include, without limit, Equal Credit Opportunity Act and Regulation B, Home Mortgage Disclosure Act (HMDA), Electronic Funds Transfer Act and Regulation E, Truth in Lending Act and Regulation Z, Funds Availability Act and Regulation CC, Truth in Savings Act and Regulation DD, Federal Deposit Insurance Act, Internal Revenue Code and Fair Credit Reporting Act.
NOTE: Acceptance of this Notice and Consent form does not enroll you in any online banking service, such as a service to deliver statements electronically. This Notice and Consent is primarily for the purpose of activities relating to application for a mortgage loan and delivery of disclosures and correspondence related to that loan process.
ELECTRONIC DISCLOSURE AND CONSENT
By accepting this Notice and Consent form, you agree that Bank may, but is not obligated to, electronically make available to you any communications regarding any account or service, including communications regarding the Online Service described here or in other online agreements which we are required or otherwise choose to send to you in any capacity in which we may act (e.g. as depository, lender, loan servicer, Trustee, or otherwise) with respect to any account or service (which may include, without limit, deposits, loans or lines of credit) held with, or by Bank.
In addition, you agree and designate all of the following for Bank's use in sending communications to you, except as may be limited by law, and we may, but will not be obligated to, send you communications via one or more of these methods:
• A general or public e-mail (at any e-mail address you provide with respect to any account or service with us). You must inform the Bank of any change to your email address by calling us at 1 (512) 391-5533 (or such other number as we may advise from time to time). If you do not provide notice of change of your e-mail address, you agree that the Bank may send all e-mail notices and other communications to you at the e-mail address maintained on the Bank's records for any of your accounts or services with us, or as otherwise set forth herein, at our option, except as may be limited by law.
• U.S. Mail at such address as we may maintain in our records from time to time, with respect to any account or service you have.
• Holding such notice if we are advised that any such address is no longer valid.
• Any other method permitted by law or agreement with us.
Unless otherwise required by law, such communications are deemed received by you when sent via any means set forth above or when posted if the communication is not required to be sent.
You represent to us that the primary computer you intend to use with your online application meets the hardware and software requirements described below or that the computer you are using to accept this Notice and Consent is the same computer you intend to use as your primary connection with us.
Your successful log-in will confirm the representation and agreements you make by clicking the check box below. Until you do so, you will have no obligations under this Notice and Consent.
You may obtain a paper or electronic copy of communications by calling us at 1 (512) 391-5533, contacting us in person or writing to us at American Bank of Commerce, Mortgage Division, 610 W. 5th Street, Austin, TX, 78701. Except as set forth below, you will not be charged any fees for the paper copy.
WITHDRAWING CONSENT TO ELECTRONIC DELIVERY
You may notify us that you no longer consent to accept communications electronically. If you withdraw your consent with respect to any account or service, your use of the Online Application Service will be terminated automatically with respect to all accounts and all services. If you wish to withdraw your consent, you may do so by calling us at 1 (512) 391-5533, (or such other number as we may establish from time to time) or you may do so in writing by sending correspondence to: American Bank of Commerce, Mortgage Division, 610 W. 5th Street, Austin, TX, 78701, or in person. Additional conditions that may apply to your account or service if you withdraw consent to accept communications electronically may be stated from time to time, with notice to the extent required by law, in the agreement applicable to your loan, account or service.
SYSTEM REQUIREMENTS
In order to successfully access and retain your electronic communications, you must have the following hardware and software:
• A personal computer (including a monitor) capable of accessing the Internet and sending and receiving e-mail, and a printer capable of printing copies of the information for your records;
• Internet access;
• An Internet browser that supports 128-bit encryption, including any of the following:
o Adobe® Acrobat® Reader® software or Adobe® compatible software, so you can view Adobe® PDF files; and
o A computer hard drive capable of storing data, if you wish to store electronic Communications.
You must keep your contact information in our records current. To update your contact information, you, you may do so by calling us at 1 (512) 391-5533, (or such other number as we may establish from time to time), contact us in person or send us the request in writing to: American Bank of Commerce, Mortgage Division, 610 W. 5th Street, Austin, TX, 78701. If you are sending an email address change you authorize us to change that information based on your contact to us as stated above.
CHANGES TO THIS AGREEMENT
American Bank of Commerce reserves the right to change the terms of this Notice and Consent, including, without limit, by adding additional services. If ABC Bank makes material changes to the terms of this Notice and Consent, we will notify you if and to the extent required by law. Without limiting the foregoing, if a change is necessary in order to protect the security of our system or customer information, we reserve the right to make immediate changes without prior notice. The Bank always reserves the right to waive or vary the terms of this Notice and Consent on an individual basis and may request a face to face interview and application in lieu of electronic submission.
In the event of a change in the terms of this Notice and Consent, you may accept the change by continuing to use our Online Application Service after the effective date of the change or you may decline to accept the change by withdrawing your consent. We will notify you in advance of any hardware or software changes or requirements and provide you with the opportunity to withdraw consent if your system cannot meet those requirements.
CONSENT AND ACKNOWLEDGEMENT
This consent applies to the Online Application Service for the American Bank of Commerce Mortgage Division, by clicking "Accept," you are acknowledging receipt of information in this Notice and Consent and you are consenting and agreeing to accept communications electronically as described above for the Online Application Service and any accounts and services that may be related to your mortgage transaction.
By accepting, you acknowledge:
• receipt of this Notice and Consent Regarding Electronic Communications Delivery Service;
• that you have reasonably demonstrated and/or confirm that you are able to access electronic communications provided pursuant to the Online Application Service by us,
• and; that you agree to all of the provisions of this Notice and Consent Regarding Electronics Communications Delivery.
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