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Limited Power of Attorney
Updated: March 6, 2008
BE IT KNOWN, that I, _______________________ (the
“Cosigner”), of
________________________________, in connection with the
application of _________________________ (the
“Borrower”), of
__________________________________ for an education loan
through the Fynanz marketplace, do hereby make, constitute
and appoint Fynanz, Inc. (“Fynanz” or
“attorney-in-fact”), having its principal place
of business at 224 West 30th Street, Suite 604, New York,
NY 10001, as my true and lawful attorney-in-fact and in my
name, place and stead to act solely for the purpose of
causing to be prepared, executing, delivering and assigning
multiple promissory notes (sample in Exhibit A) naming the
Borrower as obligor, me as Cosigner and Fynanz, Inc. as
payee, in the maximum aggregate loan amount of ___________
United States Dollars (excluding upfront fees which I
understand will be added to the loan amount), with the
number of promissory notes to be determined by Fynanz in
accordance with the terms of the Fynanz OpenLoan
Program.
I hereby ratify and confirm whatsoever my
attorney-in-fact shall do by authority hereof.
My attorney-in-fact shall maintain accurate
books and records of all transactions and shall render an
accounting thereof when required to do so by governing
law.
My attorney-in-fact in the exercise of
reasonable care, skill and caution, may delegate to other
agents any or all of the specific powers which have been
conferred on my attorney-in-fact by this instrument.
IN WITNESS WHEREOF, I have signed this
Limited Power of Attorney this ____ day of _____, 200_.
_________________________, Cosigner
EXHIBIT A
Fynanz
OpenLoan / Student Loan
Promissory Note (the “Note”)
THIS IS A
CONSUMER CREDIT TRANSACTION
Borrower Information (the
“Borrower”):
(The loan purchaser is only shown the Fynanz screen
name)
Optional Credit Worthy Cosigner Information (the
“Cosigner”):
The Cosigner must be a U.S. citizen or
Permanent Resident 21 years or over.
(The loan purchaser is only shown the Fynanz screen
name)
A. DEFINITIONS
1. In this Note, the words “I”,
“me”, “my”, and “mine”
mean the person(s) who signed the Note as Borrower or
Cosigner as applicable. The words “you”,
“your”, “yours”, and
“lender” mean Fynanz Inc., New York, NY, its
successors and assigns, and any other holder of this
Note.
2. “Application” means the written request
that I make to you for a Loan.
3. “Capitalized Interest” means accrued and
unpaid interest that you add to the principal balance of a
Loan.
4. “Disbursement Date” means the date on
which you lend money to me in consideration for this Note
and will be the date of my loan check or electronic funds
transfer.
5. “Disclosure Statement” means a
closed-end disclosure statement as required by the federal
Truth-in-Lending Act.
6. “In-School Period” means, if I have
chosen to defer repayment while in school, the period
beginning on the Disbursement Date and ending on the date
which is the earliest of (i) six months after I graduate or
six months after I cease to be enrolled at least half time
at an eligible school (“Grace Period”); or (ii)
60 months after the Disbursement Date for an Undergraduate
program or 27 months after the Disbursement Date for a Graduate program.
7. “Loan” means $______ of principal (the
“Principal Balance”), plus interest, interest
on any Capitalized Interest, and any other charges and fees
(including any prepaid finance charge or loan fee) that may
become due as provided in this Note.
8. “NSF Fees” means charges you will assess
against me if a payment I tender is rejected or incomplete
due to my having insufficient funds available to make such
a payment.
9. “Repayment Period” means the period
beginning on the day that the In-School Period, if any,
ends and continuing for a maximum of 120 months. If there
is no In-School Period, the Repayment Period begins on the
initial Disbursement Date.
10.“Deferred Repayment” means that
during the In-School period I chose not to make regular principal
and interest payments. However, I may be required to make a monthly
minumum payment between $25 and $50 until I enter Repayment Period.
Any unpaid interest will accrue on the loan and capitalize once I
enter Repayment Period.
11. “Interest Paid Repayment” means that
during the In-School period I am obligated to make monthly
interest payments on the loan.
12. “Initial Interest Only” means payment
of interest due on my loan balance for the first 24 months
of the Repayment Period.
B. PROMISE TO PAY
I promise to pay to you the amount of the Loan under the
terms of this Note.
C. PAYMENTS
1. In-School Period. During the In-School Period, if
any, you will send me monthly statements (showing the total
of my loan disbursements and the interest that accrues on
my loan). Statements will be posted to my Fynanz account. I
may, but am not required to, make payments during the
In-School Period unless I select Interest Paid Repayment.
You will add any interest that I do not pay during the
In-School Period to the Principal Balance, as described in
Paragraph D.3.
2. Repayment Period. During the Repayment Period I will
make consecutive monthly payments, by the payment due dates
shown on the statements you will send to me, in the amounts
indicated, until I have paid all amounts outstanding under
my Loan and this Note.
3. Repayment Terms. My monthly payment will be
established when my Repayment Period begins based on the
terms of this Note. The amounts shown on my monthly
statements will be consecutive monthly installments of
principal and interest calculated each Change Date to equal
the amount necessary to amortize my Loan (as of the date of
calculation) in equal monthly installments of principal and
interest at the Variable Rate (as defined in Paragraph D)
then in effect over the number of months remaining in the
Repayment Period. If I have chosen the Initial Interest
Only Option, my monthly payments for the first 24 months of
the Repayment Period will equal only the interest due on my
loan balance, as recalculated each Change Date. After the
first 24 months of the Repayment Period, my monthly
payments will include principal and interest and will be
calculated as described above. For loan balances of $6,500
or less, the Term of the Note, or loan duration will be 84
months. For loan balances above $6,500, the loan duration
will be 120 months. I may select a shorter loan duration while
applying for the loan and you will compute my monthly payments
using the loan duration specified by me.
4. Minimum Repayment. Notwithstanding Paragraph C.3.,
during the repayment period I agree to pay at least $25
each month (principal and interest) or the unpaid balance,
whichever is less. I understand that this may result in my
loan being paid off in less than the applicable Term of the
Note. If the minimum balance due is less than $25, at your
option you may choose to carry forward the balance to the
next month until the accumulated amount reaches the $25
threshold.
5. Amounts Owing at the End of the Repayment Period.
Since interest accrues daily upon the unpaid Principal
Balance of my loan, if I make payments after my payment due
dates, I may owe additional interest. If I have not paid my
late charges, I will also owe additional amounts for those
late charges. In such cases you will increase the amount of
my last subsequent monthly payments to the amount necessary
to repay my Loan.
6. Payments. Payments will be applied first to late
charges, other fees and charges, accrued interest, capitalized interest
and the remainder to principal.
7. Other Charges. If any part of a monthly payment
remains unpaid for a period of more than 15 days after the
payment due date, I will pay a late charge of __________. I
will also pay an NSF Fee of ____________ for each payment
on this Note returned for any reason, including but not
limited to insufficient funds or a stop payment order.
D. INTEREST
1. Accrual. Beginning on the Disbursement Date, interest
on this Note will be calculated at the Variable Rate (as
defined below) on the Principal Balance advanced, and on
any unpaid interest added to the Principal Balance
according to paragraph D.3., below, until the Loan is paid
in full. Interest will be calculated on a daily simple
interest basis, according to the outstanding Principal
Balance each day of the term of the Note. The daily
interest rate will be equal to the annual interest rate in
effect on that day, divided 360.
2. “Variable Rate” means the Variable Rate
equal to the sum of the Base Rate, a 1% Lender Guarantee
Fee and a “Margin” that will be set by the
online bidding in the Fynanz marketplace. The Variable
Rate will change quarterly on the first day of each
January, April, July and October (the “Change
Date(s)”) if the Base Rate changes.
The “Base Rate” for any calendar quarter
beginning on a Change Date (or for any shorter period
beginning on the Disbursement Date and ending on the first
Change Date) is the average of the one-month London
Interbank Offered Rate (“LIBOR”) published in
the “Money Rates” section of The Wall Street
Journal on the 1st day of each month for the three months
preceding the applicable Change Date as applied according
to the following rules. If the 1st day of the month is not
a business day, you will use the next business day to
determine the Base Rate. For purposes of this Paragraph
D.2, “business day” means any day the banks in
New York and London are open for the transaction of
business. You may round the Base Rate higher to two decimal
places. For example, 4.18751% will be rounded to 4.19%.
(This is an example and may not reflect the actual LIBOR.)
LIBOR is only a pricing index and is not necessarily the
lowest interest rate index used by you or any other lender.
If LIBOR is no longer available, you will choose a
comparable index.
The 1% Lender Guarantee fee will not be included in the
calculation of the Variable Rate on my loan after the loan
has entered the Repayment Period and I have repaid 10% of
the requested Principal Balance of the loan at the time the
loan was made to me, not including the upfront fee
(specified in Paragraph A.7. of this Note).
3. Capitalization. You may, at your option, add all
accrued and unpaid interest to the Principal Balance of my
loan on the last day of the In-School Period and at the end
of any Forbearance Period (as defined below). The sum is
thereafter considered the principal, and interest will
accrue on the new principal balance.
E. UPFRONT
FEE
I will pay a upfront
fee to you at the time the loan proceeds are
disbursed. The amount of the
upfront fee is calculated as a percentage of
the total loan (including the upfront fee)
and will range from 2.9% to 6.9%, as determined by you
in accordance with the rules of the Fynanz OpenLoan
Program. The upfront fee
applicable to any of my Loans will be as
disclosed to me on my Disclosure Statement. The
amount of the upfront fee will
be added to the Principal Balance and deducted from my loan
proceeds when they are disbursed. You may increase the
Principal Balance I requested on my application and/or the
amount certified by my school by the amount necessary to
pay the upfront fee. In the event the Principal
Balance is not a multiple of $25, you may increase the
Principal Balance to the next $25 multiple, however, the
amount you increase the Principal Balance by will be
disbursed to me. If I prepay this loan in full or in part,
I will not be entitled to any refund of any part of the
upfront fee, unless otherwise required by
applicable law or stated otherwise in Paragraph F.
F. RIGHT TO PREPAY
I have the right to prepay all or any part of my loan at
any time without penalty. Any partial prepayment will be
credited to the principal of my Loan. If I prepay the
amount that was disbursed or return the check you sent me
within 30 days from the date you approved my application, I
will not be charged any interest or fees on the loan.
G. FORBEARANCE
If I am unable to repay my loan in accordance with the
terms established under this Note, I may request that you
modify these terms. I understand that such modification
would be at your option. I understand that I will remain
responsible for all interest accruing during any period of
forbearance (a “Forbearance Period”) and that
you will add any interest that I do not pay during any
forbearance period to the principal balance as described in
paragraph D.3. I may, at your discretion, receive up to 18
months of forbearance, consisting of two forbearance
periods of nine months duration, of which only one period
may be taken per calendar year.
H. WHOLE LOAN DUE
To the extent permitted by applicable law, I will be in
default and you have the right to give me notice that the
whole outstanding principal balance, accrued interest, and
all other amounts payable to you under the terms of this
Note, are due and payable at once (subject to any
applicable law which may give me a right to cure my
default) if: (1) I fail to make any monthly payment to you
when due, (2) I die, (3) I break any of my other promises
in this Note, (4) Any bankruptcy proceeding is begun by or
against me, or I assign any of my assets for the benefits
of my creditors, (5) I make any false written statement in
applying for this loan or at any time during the In School
or Repayment Periods. If I default, I will be required to
pay interest on this loan accruing after default. The
interest rate after default will be subject to adjustment
in the same manner as before default.
I. NOTICES
1. I will send written notice to you, or any subsequent
holder of this Note, within ten calendar days after any
change in any information provided to you in my
Application.
2. Any notice required to be given to me by you will be
effective when such information is emailed to the email
address I have given you or, at your discretion, mailed by
first class mail to the latest address you have for me.
Unless required by applicable law, you need not give a
separate notice to the cosigner, if any.
J. PRIVACY
1. You may report information about my account to credit
bureaus. Late payments, missed payments or other defaults
on my account may be reflected in my credit report.
2. I authorize you from time to time to request and
receive from others credit related information about me
(and about my spouse if I live in a community property
state).
K. ADDITIONAL AGREEMENTS
1. I understand that you are located in New York and
that this Note will be entered into in the same state.
CONSEQUENTLY, THE PROVISIONS OF THIS NOTE WILL BE GOVERNED
BY FEDERAL LAW AND NEW YORK LAW, WITHOUT REGARD TO CONFLICT
OF LAW RULES. I agree that any action brought pursuant to
this agreement may be brought in the Federal or State Courts
of the State of New York and expressly consent to personal
jurisdiction within New York.
2. The proceeds of this loan will be used only for my
educational expenses at the school listed on the
Application. The Cosigner, if any, will not receive any of
the loan proceeds.
3. I understand that I must repay this Note though I may
be less than 18 years of age when the Application is
signed.
4. My responsibility for paying this Note is unaffected
by the liability of any other person to me or by your
failure to notify me that a required payment has not been
made. You may delay, fail to exercise, or waive any of your
rights on any occasion without losing your entitlement to
exercise the right at any future time, or on any future
occasion. You will not be obligated to make any demand upon
me, send me any notice, present this Note to me for payment
or make protest of non-payment to me before suing to
collect on this Note if I am in default, and to the extent
permitted by applicable law, I hereby waive any right I
might otherwise have to require such actions. Without
losing any of your rights under this Note, you may accept
late payments or partial payments. I WILL NOT SEND YOU
PARTIAL PAYMENTS MARKED “PAID IN FULL”,
“WITHOUT RECOURSE” OR WITH OTHER SIMILAR
LANGUAGE UNLESS THOSE PAYMENTS ARE MARKED FOR SPECIAL
HANDLING AND SENT TO THE ADDRESS SPECIFIED ON THE FYNANZ
WEBSITE OR TO SUCH OTHER ADDRESS AS I MAY BE GIVEN IN THE
FUTURE.
5. I may not assign this Note or any of its benefits or
obligations. You may assign this Note at any time and will
inform me 30 days prior to any changes in my terms
6. The terms and conditions set forth in this Note
constitute the entire agreement between you and me.
7. If any provision of this Note is held invalid or
unenforceable, that provision shall be considered omitted
from this Note without affecting the validity or
enforceability of the remainder of this Note.
8. A provision of this Note may only be modified if
jointly agreed upon in writing by you and me. Any
modification will not affect the validity or enforceability
of the remainder of this Note.
9. I authorize any school that I may attend to release
to other persons designated by you, any requested
information pertinent to this loan (e.g. enrollment status,
prior loan history, and current address).
10. I authorize my lender, subsequent holder, or their
agents to: (1) advise my school of the status of my
Application, (2) respond to inquiries from prior or
subsequent lenders or holders with respect to my Note and
related documents, (3) release information and make
inquiries to the persons I have listed in my loan
Application as references, for the purposes of learning my
current address and telephone number, (4) check my credit
and employment history and to answer questions about their
credit experience with me.
11. Waiver by Lender: You waive (give up) any right to
claim a security interest in any property to secure this
Note. This does not affect any right to offset as a matter
of law.
12. Dischargeability: I acknowledge that my loan is made
pursuant to an education loan program. I understand that my
loan may be subject to the limitations on dischargeability
in bankruptcy established by Section 523(a)(8) of the U.S.
Bankruptcy Code as amended.
L. BORROWER/COSIGNER CERTIFICATION
I declare under penalty of perjury under the laws of the
United States of America that the following is true and
correct. I certify that the information contained in the
Application and Note is true, complete and correct to the
best of my knowledge and belief and is made in good faith.
I certify that the proceeds of this loan will be used for
educational purposes for the academic period stated in the
loan Application at the school named on such Application. I
understand that I am responsible for repaying immediately
any funds that I receive which are not to be used or are
not used for educational expenses related to attendance at
the school for the academic period stated.
M. DISCHARGES
Under this Paragraph M, "I", "me" and "my" refers to the
borrower only and not the cosigner. "You" and "your" refers to "Fynanz".
My obligation to repay this loan may be partially or
totally discharged for the reasons specified in paragraphs A, B, and C below.
In the event of discharge, the cosigner will not be responsible for the discharged amount.
A. Death - In the event of my death, you will discharge the total
remaining amount owed on this loan upon receipt of evidence of death
satisfactory to you.
B. Total and Permanent Disability - If I become totally and permanently disabled
after I receive this loan, I or my caretaker may request you to discharge a
portion or the total amount of the loan. You may or may not approve my request
in whole or in part at your sole discretion. I will continue to make regular
payments under the terms of this agreement until such time as you may advise me that
my obligations have been reduced or discharged.
C. School Closure - If I was unable to complete the program in which I was enrolled
because my school closed prior to my completing the term for which I took the loan,
I may request you to discharge a portion or the total amount of the loan. You may or
may not approve my request and will determine at your sole discretion whether I am
eligible for a partial or total discharge. I will continue to make regular payments
under the terms of this agreement until such time as you may advise me that my
obligations have been reduced or discharged.
N. STATE DISCLOSURE NOTICES
ARIZONA RESIDENTS: Notice: I understand that I may
request that the initial disclosures prescribed in the
Truth in Lending Act (15 United States Code sections 1601
through 1666j) be provided in Spanish before signing any
loan documents.
AVISO PARA PRESTATARIOS EN ARIZONA: Puedo solicitar que
las divulgaciones iniciales prescritas en la Ley Truth in
Lending Act (15 Código de los Estados Unidos
secciones 1601 hasta 1666j) sean proporcionadas en
español antes de firmar cualesquiera documentos de
préstamos.
CALIFORNIA RESIDENTS: I have the right to prohibit the
use of information contained in my credit file in
connection with transactions not initiated by me. I may
exercise this right by notifying the consumer credit
reporting agency. A married applicant may apply for a
separate account. If you take any adverse action as defined
by Section 1785.3 of the California Civil Code and the
adverse action is based, in whole or in part, on any
information contained in a consumer credit report, I have
the right to obtain within 60 days a free copy of my
consumer credit report from the consumer reporting agency
who furnished you my consumer credit report and from any
other consumer credit reporting agency which compiles and
maintains files on consumers on a nationwide basis. I have
the right as described by Section 1785.16 of the California
Civil Code to dispute the accuracy or completeness of any
information in a consumer credit report furnished by the
consumer credit reporting agency.
IOWA AND KANSAS RESIDENTS (For purposes of the following
notice, the word “you” refers to the Borrower
and the Cosigner, not the lender): NOTICE TO CONSUMER. This
is a consumer credit transaction.
1. DO NOT SIGN THIS NOTE BEFORE YOU READ THIS NOTE.
2. YOU ARE ENTITLED TO A COPY OF THIS PAPER APPLICATION
AND PROMISSORY NOTE.
3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT
PENALTY AND MAY BE ENTITLED TO A REFUND OF UNEARNED CHARGES
IN ACCORDANCE WITH LAW.
MISSOURI RESIDENTS: Oral agreements or commitments to
loan money, extend credit or to forbear from enforcing
repayment of a debt including promises to extend or renew
such debt are not enforceable. To protect me (borrower(s))
and you (creditor(s)) 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.
NEVADA RESIDENTS: This is a loan for study.
NEW JERSEY RESIDENTS: The section headings of this Note
are a table of contents and not contract terms. Portions of
this Note 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 Note, 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.
NEW YORK, RHODE ISLAND AND VERMONT RESIDENTS: A consumer
report (credit report) may be obtained from a
consumer-reporting agency (credit bureau) in connection
with this loan. If I request (i) I will be informed whether
or not consumer reports were obtained, and (ii) if reports
were obtained, I will be informed of the names and
addresses of the credit bureaus that furnished the reports.
If you agree to make this loan to me, a consumer credit
report may be requested or used in connection with renewals
or extensions of any credit for which I have applied,
reviewing my loan, taking collection action on my loan, or
legitimate purposes associated with my loan.
OHIO RESIDENTS: The Ohio laws against discrimination
require that all creditors make credit equally available to
all credit worthy customers, and that credit reporting
agencies maintain separate credit histories on each
individual upon request. The Ohio civil rights commission
administers compliance with this law.
WISCONSIN RESIDENTS: For married Wisconsin residents, my
signature on this Note confirms that this loan obligation
is being incurred in the interest of my marriage or family.
No provision of any martial property agreement (pre-martial
agreement), unilateral statement under Section 766.59 or
court decree under Section 766.70 adversely affects the
interest of the lender unless the lender, prior to the time
that the loan is approved, is furnished with a copy of the
agreement, statement, or decree or has actual knowledge of
the adverse provision when the obligation to the lender is
incurred. If the loan for which I am applying is granted,
my spouse will also receive notification that credit has
been extended to me.
O. STATE-SPECIFIC COSIGNER NOTICES:
For the purposes of the following notices only, the
words “you” and “your” refer to the
Cosigner, where applicable, not to the lender.
FOR OBLIGORS COSIGNING IN CALIFORNIA: NOTICE TO
COSIGNER (Traduccion en Ingles Se Requiere Por La
Ley):
You are being asked to guarantee this debt. Think
carefully before you do. If the borrower doesn't pay the
debt, you will have to. Be sure you can afford to pay if
you have to, and that you want to accept this
responsibility. You may have to pay up to the full amount
of the debt if the borrower does not pay. You may also have
to pay late fees or collection costs, which increase this
amount. The holder of the loan can collect this debt from
you without first trying to collect from the borrower. The
holder of the loan can use the same collection methods
against you that can be used against the borrower, such as
suing you, garnishing your wages, etc. If this debt is ever
in default, that fact may become part of your credit
record. This notice is not the contract that makes you
liable for the debt.
AVISO PARA EL FIADOR (Spanish Translation Required by
Law):
Se le está pidiendo que garantice esta deuda.
Piénselo con cuidado antes de ponerse de acuerdo. Si
la persona que ha pedido este préstamo no paga la
deuda, usted tendrá que pagarla. Esté seguro
de que usted podrá pagar si sea obligado a pagarla y
de que usted desea aceptar la responsabilidad. Si la
persona que ha pedido el préstamo no paga la deuda,
es posible que usted tenga que pagar la suma total de la
deuda, mas los cargos por tardarse en el pago o el costo de
cobranza, lo cual aumenta el total de esta suma.
El acreedor (financiero) puede cobrarle a usted sin,
primeramente, tratar de cobrarle al deudor. Los mismos
metodos de cobranza que pueden usarse contra el deudor,
podran usarse contra usted, tales como presentar una
demanda en corte, quitar parte de su sueldo, etc. Si alguna
vez no se cumpla con la obligación de pagar esta
deuda, se puede incluir esa información en la
historia de credito de usted. Este aviso no es el contrato
mismo en que se le echa a usted la responsibilidad de la
deuda.
FOR OBLIGORS COSIGNING IN IOWA, NEW YORK AND SOUTH
CAROLINA: NOTICE TO COSIGNER:
You agree to pay the debt identified below although you
may not personally receive any property, goods, services or
money. You may be sued for payment although the person who
receives the property, goods, services, or money is able to
pay. You should know that the Total of Payments listed
below does not include finance charges resulting from
delinquency, late charges, repossession or foreclosure
costs, court costs or attorney's fees, or other charges
that may be stated in the Note or contract. You will also
have to pay some or all of these costs and charges if the
Note or contract, the payment of which you are guaranteeing
requires the borrower to pay such costs and charges. This
notice is not the Note or contract that obligates you to
pay the debt. Read the Note or contract for the exact terms
of your obligation.
IDENTIFICATION OF DEBT(S) YOU MAY HAVE TO PAY
Name of Debtor: The Borrower and Cosigner identified on
the first page of this Note.
Name of Creditor: Fynanz Inc, and its successors and
assigns.
Date: If the loan is disbursed by check, the date of the
check. If the loan is disbursed electronically, the date
the creditor transmits the funds to the School.
Kind of Debt: Education loan.
Total of Payments: The principal set forth on the first
page of this Note (to the extent advanced), plus interest
and the upfront fee set forth in this Note.
FOR OBLIGORS COSIGNING
IN VERMONT: NOTICE TO COSIGNER:
YOUR SIGNATURE ON THIS PROMISSORY NOTE MEANS THAT YOU
ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE
BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO
COLLECT FROM YOU.
FOR OBLIGORS COSIGNING IN WEST VIRGINIA: NOTICE TO
COSIGNER:
You are being asked to guarantee this debt. Think
carefully before you do. If the Borrower doesn't pay the
debt, you will have to. Be sure you can afford to pay it if
you have to, and that you want to accept this
responsibility. You may have to pay up to the full amount
of the debt if the Borrower does not pay. You may also have
to pay late fees or collection costs, which increase this
amount. The creditor can collect this debt from you without
first trying to collect from the borrower. The creditor can
use the same collection methods against you that can be
used against the borrower, such as suing you, garnishing
your wages, etc. If this debt is ever in default, that fact
may become a part of your credit record. This notice is not
the contract that makes you liable for the debt.
By my signature, I acknowledge that I have read and
understand the information contained in this Note and
certify that the information supplied by me is true and
accurate to the best of my knowledge and belief. I
authorize the lender, any assignee of the lender and any
guarantor of this loan to investigate my creditworthiness,
to obtain consumer reports from consumer reporting
agencies, and to furnish information concerning my loan to
consumer reporting agencies and other persons who may
legally receive such information. I authorize the lender
and/or its agents to obtain consumer reports from consumer
reporting agencies, for any purpose permitted by law when
any amounts are owed under this Note. I authorize the
lender to report on the status and performance of this loan
to any guarantor of this loan. I have read, understand and
agree to the terms of and undertake the obligations set
forth in this Note, including without limitation Paragraph
L, “Borrower's Certification,” and if
applicable, any “Notice to Cosigner” printed or
referenced in the Application or this Note. I agree that
this Note provides for the compounding of interest. The
originating lender for this Note is Fynanz Inc, New York,
NY, or its successors and assigns. I authorize the lender
to consider the Application and this Note as an application
for the lowest cost loan for which I am qualified.
FOR ALABAMA RESIDENTS: CAUTION - IT IS IMPORTANT THAT
YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN
IT.
FOR WISCONSIN RESIDENTS - NOTICE TO CUSTOMER:
(a) DO NOT SIGN THE APPLICATION OR THIS PROMISSORY
NOTE BEFORE YOU READ THE WRITING ON THE APPLICATION AND
THIS PROMISSORY NOTE, EVEN IF OTHERWISE ADVISED.
(b) DO NOT SIGN THE APPLICATION OR THIS PROMISSORY
NOTE IF IT CONTAINS ANY BLANK SPACES.
(c) YOU ARE ENTITLED TO AN EXACT COPY OF ANY
AGREEMENT YOU SIGN.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW
ACCOUNT: To help the government fight the funding of
terrorism and money laundering activities, federal law
requires all financial institutions to obtain, verify, and
record information that identifies each person who opens an
account. What this means for you: When you open an account,
we will ask you for your name, address, date of birth, and
other information that will allow us to identify you. We
may also ask to see your driver's license or other
identifying documents.
Warning: Any person who knowingly makes a false
statement or misrepresentation on this form is subject to
penalties, which may include fines or imprisonment.
Signature of Borrower:
Date:
Signature of Cosigner:
Date:
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