330 St. Mary Avenue, Suite 304
Winnipeg, Manitoba R3C 3Z5
Phone: 1-204-289-3044
Fax: 1-204-480-2690
Email:
[email protected] LEGAL LOAN AGREEMENT
Account #: 49243
PROVISIONS: 1. The Borrower gains and charges the grants to the lender a purchase-money security interest in the Loan as security for releasing of the Monies. 2. The Lender shall maintain possession of the Insurance until the Indebtedness has been paid in full, at which time such monies shall pass to the Borrower. 3. Borrower shall keep and maintain account in good standing, and shall make all necessary payments on time. 4. (A) Borrower shall give Lender written notice immediately for any claims. Borrower must take such action as is necessary to CORRECT OR control the situation. (B) The Borrower shall inform the Lender of all permanent changes in location of the Loan from that shown as the Borrower’s address on the face page of this Contract, or shall not permanently relocate from the country, district, or state of such address without the Lender’s prior written consent. ©) The Loan shall at all times be and remain at the Borrower’s risk. The Borrower shall, at their own cost and expense, maintain In full force and effect, insurance on the Loan. The said insurance will be placed through an insurance company licensed to do business in the state/province in which the Loan is registered, and shall include illness, loss of income and death coverage acceptable to Annco Financial Group. (D) The Borrower shall provide a copy of driver’s license, social security#, proof OF INCOME and 2 references to the Lender. 5. The Borrower hereby assigns and transfers to the Lender as such policies of insurance and all amounts payable hereunder as additional security for payment of the Indebtedness. The Borrower shall forthwith on the happening of any loss do all necessary acts and furnish all necessary proof of claimant evidence to enable the Lender to obtain payment. (A) In the event of a loss, the Borrower shall furnish Lender and the insurer with a report on the details within twenty-four hours on the form furnished by the loan insurer thereof and cooperate with Lender and the insurer in all ways in connection with any claim or dispute concerning such Loan. If any claim is made or action taken for nonpayment, death, illness or job loss, Borrower shall promptly notify Lender thereof and forward to Lender a copy of every demand, notice, or the process received in connection therewith. The Loan must be repaid in full or by the Lender’s specification. 6. During the term of this Contract, Borrower shall pay all payments or fines imposed by Lender upon the Loan for any defaults. Borrower shall pay all interests or other insurance premiums. Loan shall be secured hereby and shall bear interest at the rate of ten percent (10.0%) per annual calculated monthly not in advance from the date of such Payment as well after before demand or judgment. The Lender may apply towards the payment of such amounts any of the borrower’s monies, which may come into its possession. 7. Time is of the essence of this Contract. 8. This Contract shall be considered in default if the Borrower fails to pay to the Lender the Indebtedness or any part thereof when due or fails to observe or perform any of the other covenants contained therein or if proceeding in bankruptcy, or if any statement made by the Borrower in the Borrower’s application for credit is untrue. If the Borrower dies, and then all the Indebtedness shall, at the option of the Lender immediately become due and payable. 9. Subject to the limits under The Collection Agents Act, to the extent permitted by law, all expenses incurred by the Lender in recovering or enforcing payment of the Indebtedness or any part of thereof are the responsibility of the Borrower. 10. The Lender may, if permitted by law, in order to recover any amount owing to it hereunder, pursue either singularly or concurrently the remedy of legal action against the Borrower. The Borrower expressly waives any action, cause of action claim or demand which the Borrower may have by reason of any act which the Lender, Annco Financial Group or the agent of either of them may have done or left undone, in connection with the Loan. This clause is not applicable where prohibited by law. 11. The Borrower may pay off the Loan at any time before the scheduled end of the contract term for the amount of the net present value (NPV) of the remaining payments plus outstanding payments. The NPV is calculated by discounting the remaining payments at a discount rate equal to the APR stated in the contract less 5% or by some other formula (such as the rule of 78's) to be used by Annco Financial Group at its discretion. Laws of that state will govern the determination of the charge of collectable by the Lender on the prepayment. 12. No forbearance to, or delay prior to, exercise any rights or privileges under this Contract or waiver of any terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurred. 13. This contract shall be interpreted under and governed by the laws of the state in which the Borrower resides, If any provision hereof or the application of any provision to any persons or circumstances is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable. 14. The Lender makes no representation, warranty, collateral agreement, condition or guarantee in favor of Borrower express or implied, statutory or otherwise, with respect to the Loan or the rights and liabilities of the Borrower or Lender under the Contract, other than as specifically set out herein. Without limiting the generality of the foregoing, the Borrower hereby agrees that every expressed or implied condition, representation, warranty or guarantee referred to in the handling of Monies Act or any other statute of any state is hereby excluded, to the extent permitted by applicable law. 15. Whenever the masculine or singular is used herein the same shall be constructed to mean the feminine, neuter or plural where the context so require. If there is more than one Borrower, each Borrower shall be jointly and severally liable for payment of the Indebtedness and for the fulfillment of each other obligation of the Borrower hereunder the address of the party set out in the Contract, or at such other address as may have been furnished in writing for such Loan. 16. Any notice given by one party under this Contract shall be given in writing at or realizing upon the Loan. Borrower shall bear interest at the rate of ten percent (10.0%) and be hereby secured. 17. The Borrower shall pay all Indebtedness to Annco Financial Group in accordance with the provisions of this Contract without any deduction as a result of any present or future rights between the Borrower and the Lender. 18. Limitation on interest: Notwithstanding any other provisions of the Contract or any other document entered into in connection with this Contract, the borrower shall not be obliged to make any payments of interest or other amounts payable to the Lender hereunder or under any other document entered into in connection with this contract in excess of an amount or rate which would be prohibited by law or would result in the receipt by the Lender of interest at a criminal rate (as the terms “interest” and “criminal rate” are defined under the Criminal Code) or which would contravene any local usury laws which may be applicable to any obligations of the Borrower to the Lender under or in connection with this Contract.19. The Borrower hereby acknowledges receipt of a copy of this Contract and hereby waives the right to receive a copy of any financial Statement, Financing Change Statement or verification Statement registered by the Lender of its assigns.
LOAN INSURANCE: Lender and Borrower insurance is required on all loans in accordance with Paragraph 1C on Page 3 hereof. A) The Borrower acknowledges that he/she has received and examined the documents and that the documents are in good condition and satisfactory to the Borrower. B) The Borrower consents to the assignment to the Lender and any assignment by the Lender to its financier, of all Lenders’ rights under this Loan Contract (the “Contract”) and Lenders right to the Loan. The Borrower acknowledges receipt of notice of the assignment to the Lender and that he/she is required and entitled to make all payments hereunder to the Lender. C) In the event of any default by the Borrower, all Indebtedness shall, at the Lender’s option, forthwith become due and payable, subject to applicable laws D)The Borrower shall be charged $45.00* for any transaction not honored by a financial institution for any reason (including insufficient funds). E) This Contract is binding on and shall ensure to the benefit of the Borrower’s heirs, executors, administrators and successors and the Lender’s successors and assigns and following any assignment to the Lender shall ensure to the benefit of the Lender’s successors and assigns . F) The Borrower shall be charged a $250.00* fee if at any time the Borrower’s Insurance Company notifies the Lender of any pending cancel, or any other form of incomplete insurance during the term of the Contract. The fee will be charged monthly until the Lender receives proper up to date insurance documentation.* Plus taxes, if applicable. Fees subject to change without notice. The Lender hereby lends and the client or clients (collectively, the “borrower”) hereby receives and agree to pay for, in accordance with the provisions set forth below the following property, and all present and future attachments and accessories thereto and replacements thereof (collectively, the “Monies”).
LENDER’S ASSIGNMENT AND TRANSFER: For value received the Lender hereby transfers to Annco Financial Group all the Lender’s right, insurance and interest in and to (but no obligation or liability in respect of) this Contract, all amounts now or hereafter payable to the Lender pursuant to this Contract, the Loan, all benefits of any insurance in respect of the Loan and all the Lender’s rights under any guarantee with respect to this contract with full power in its own or the Lender’s name, to take all such legal or other proceedings and actions as Annco Financial Group may deem necessary.1. The Lender represents and warrants that: (a) the Contract arises from a loan, to the Borrower, and the loan and the Contract are genuine in all respects and have been completed and entered into in compliance with all applicable laws and regulations; (b) all signatures on the Contract are genuine, the Contract was authorized (if applicable) and executed by the parties hereto in good faith and the Contract is the only contract executed by the Lender in respect of the Loan; the Lender has made no representations or warranties whatsoever in connection with the approval or the entering into by the Borrower of the Contract (except where mandatory by law and not capable of being waived); ©) the Loan was delivered to the Borrower in the date of this Contract (as indicated on the face page) and the Borrower has accepted the Loan and has not expressed any dissatisfaction with the Loan. (d) all statements contained in this Contract are true, the Lender is not aware of any failure by the Borrower or any guarantor to comply with any provision of the Contract, the Loan is completely and accurately described in the Contract, all amounts shown in the Contract are correct and the Lender has verified the Borrower’s name, address, social security number and birth date; (e) the Lender has no knowledge of any facts, and will not do any act, which may impair the validity or enforce ability of the Contract in accordance with its terms and has fulfilled all Lender’s guarantee obligations, if any, to date with respect to the Loan; (f) the Lender has properly disclosed all costs of borrowing in accordance with applicable laws and there are no costs, fees, expenses or cost of borrowing, not disclosed as required by law. (g) The full amount of cash insurance payment as referred to in the Contract was actually made by the Borrower; no part of any cash payment was loaned by the Lender directly or indirectly to the Borrower. 2. The Lender shall full fill all its obligations to the Borrower pursuant to the Contract including, without limitation, any guarantee obligations and Annco Financial Group shall have no obligation or liability to the Borrower pursuant to or in respect of this Contract. This clause is not applicable in the province of Alberta. 3. If any of the foregoing representations or guarantees is untrue or if the Lender is in default hereunder, the Lender shall, on demand by Annco Financial Group, refund the insurance premium or replace the Loan contracted from Annco Financial Group for a loan equivalent to the unpaid Indebtedness then owing to the Borrower pursuant to the Contract and the Lender shall be liable for all losses suffered by Annco Financial Group in respect of such breach of representation, guarantee or agreement. 4. Any present or future knowledge by Annco Financial Group of any such breach shall not constitute waiver of the Lender’s obligations hereunder. The Lender shall not accept collections, repossess or consent to the returning of the Loan or modify or terminate any provision of the Contract without Annco Financial Group’ prior written consent. 5. The liability of the Lender to Annco Financial Group under this Agreement shall not be affected by any indulgence, compromises, settlement, extension of credit or time or variation of any provision of the Contract by the discharge of release of any obligation of the Borrower of any other person in respect of the Contract, by operation of law or otherwise, by any act or omission of Annco Financial Group in asserting its rights under or in filing or recording the Contract or any renewal thereof, or any registration in respect thereof, by reason of any loss, depreciation of the Loan or by loss for any cause whatsoever of any right of Annco Financial Group against the Borrower, any guarantor or the Loan. The Lender waives notice of any non-payment of loss under the contract. 6. Annco Financial Group shall not seek recourse against the Lender hereunder provided the Lender’s representations and warranties are true and provided the Lender fulfils all its obligations in accordance with the Contract, this agreement and applicable laws. However, Annco Financial Group shall be entitled to recourse against the Lender and Lender shall indemnify and save harmless Annco Financial Group if the Borrower is released from paying all or any part of its Indebtedness pursuant to the Contract as a result of any right of set-off, defense, claim, or counterclaim against the Lender or as a result of any act or omission of the lender. 7. This Agreement shall apply to and bind the Lender’s heirs, executors, administrators, successors and assigns and shall ensure to the benefit of and be enforceable by Annco Financial Group, its successors and assigns. This Agreement and the contract may be assigned by Annco Financial Group without the consent of the Lender or the Borrower. This Contract shall be interpreted under and governed by the laws of the province and/or state in which the Borrower resides.
The Borrower agrees to pay the Amount to Borrow (line 1). The Borrower shall pay the indebtedness by paying 108 consecutive monthly installments of principal and interest 1st November , 2016 to and concluding 1st November , 2025, the final payment (line 10) is due on 1st November , 2025 , the maturity date of the contract.
1.LOAN AMOUNT:
$
35,000.00
2.SECURITY INSURANCE:
$
1,200.00
3.AMOUNT TO RECEIVE:
$
35,000.00
4.PARTIAL COVERAGE:
$
1,200.00
5.AMORTIZED TERM
(months): 108
6.FULL COVERAGE:
$
2,000.00
7.HANDLING FEES:
$
00.00
8.ADMINISTRATION FEE:
$
0.00
9.MONTHLY PAYMENTS:
$
455.66
10.FINAL PAYMENT:
$
455.66
11.TOTAL PAID:
$
49,210.56
12.INTEREST PAID:
$
14,210.56
This document legally binds you Xxxx, hereinafter known as the borrower and us Annco Financial Group, hereinafter known as the lender(s) to the loan contract for a maximum time of 108 month(s) in the amount of $35,000.00 CAD. Your interest will be at a rate of 9% and your monthly payment is $455.66 .The borrower will be residing at: xxxxxxxxcx Phone#: xxxxxxxcc Social Security#:XXX-XXX-XXX Date of Birth: XX/XX/XXXX
DATED THIS DAY OF , 2016. LENDER(S) X
BORROWER X CO-BORROWER X CO-SIGNER X
Co-Borrower Name: __________________________ Co-Signer Name : _____________________________
BFS 02/16 ORIGINAL TO D COPY TO BORROWER, COPY TO LENDER
Date: October 4, 2016
Policy #: 584330
Name: Xxxxxxxx
Consent and authorization
consent
I authorize the following individual(s) or group(s) to provide and exchange information with Alpha Credit Insurance Company, its reinsurers and their agents:
any health care professional or practitioner and any public or private health or social
services institution
any insurance company or institution
the Medical information Bureau
personal information agents and agencies which collect data on risks and losses
organizations whose purpose is the prevention, detection or repression of crime or statutory offences
market intermediaries
my current or my former employers or any references I have provided
any other public or private organization that has information concerning me or anyone else that is present on the contract
Regional/Provincial Motor Vehicle Departments
I understand that this information will be used on a continuing basis to a) assess this application,
b) Appraise the risk and any claim on a continued basis, c) answer any question that I may have regarding this application and my file in general, and d) develop programs to better serve our clients.
I also consent to the release of any tests, reports and personal information gathered about me to my attending physician.
I give this consent freely and I fully understand its consequences in the present contract or any amendment, extension or future reinstatement.
I also understand that this consent is irrevocable, in so far as it may be required for the accomplishment of the objective or purpose of my file. A photocopy of this consent is as valid as the original.
AUTHORIZATION
I authorize Alpha Credit Insurance Company to obtain all legal and necessary information regarding me/us the borrower(s) and to conduct any personal investigation.
I Xxxxxxxxx have been notified that a copy of my application has been received from Annco Financial Group, for the purpose of Insurance. Alpha Credit Insurance Company provides insurance for individuals in high risk credit situations, protecting the lender(s) from any risk of default. They are also protected against failure of repayment for reasons which include any of the following: death and/or dismemberment, loss of employment and/or illness.
I Xxxxxxx being the borrower, will pay back the loan amount of $35,000.00 CAD over a period of 9 years or 108 months as arranged by Annco Financial Group.
I am also aware that my loan must be secured and I must maintain my policy for a minimum of three months without default, in order for any part of my premium to be refunded.
My loan will be released within (24) hours from its original secured date/time.
Alpha Credit Insurance Company, Annco Financial Group and your lender(s) worked very hard together to negotiate your terms and agreement based on the information provided.
I Xxxxxx solemnly swear that all the information provided is true and complete to the best of my knowledge.
Signature of Insured BorrowerSignature of Insured Borrower
Dated this day of , 2016 Dated this day of ,2016
Alpha Credit Insurance Company Ffmm293654
330 St. Mary Avenue, Suite 304
Winnipeg, Manitoba R3C 3Z5
Phone: 1-204-289-3044
Fax: 1-204-480-2690
Email:
[email protected] LOAN DISTRIBUTION FORM
I would like my loan (PLEASE CHECK ONE BOX)
Via courier (approx. 24-48 hours)
Direct deposited (approx. 4-12 hours)
If you prefer the courier option, please fill out the following information
(PLEASE PRINT CLEARLY).
Name: (Mr. /Mrs. /Ms.)
Street Address: __________________________________
City: ___________________________________________
State: __________________________________________
Country/ Zip: ___________________________________
Telephone #: ____________________________________
If you prefer the direct deposit, please fill out the following information.
(PLEASE PRINT CLEARLY).
Bank Name: _____________________________________
Bank Address: ___________________________________
Bank Telephone #:________________________________
Bank Transit #:___________________________________
Type of Account (checking/savings): _________________
Account #: _______________________________________
_____/_____/_____ ______________________
Date: MM/DD/YY Borrower Signature
Annco Financial Group would like to welcome you as our newest client. One of our authorized agents will be responsible for all aspects of your account with us. Please feel free to call us 1-204-289-3044 at any time if you have any further questions or concerns.
Thank You,
Vince Fields
Financial Officer
Annco Financial Group
1-204-289-3044
[email protected]
