Common use of Servicing of Loan Applications Clause in Contracts

Servicing of Loan Applications. (i) Advance America employees shall take Applications from Applicants, using an Application form approved by the Bank. Advance America shall not discourage any prospective Applicant from submitting an Application, and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America shall not discriminate against any Applicant in the credit application process on any “prohibited basis,” as such term is defined in the Federal Equal Credit Opportunity Act (“ECOA”) and Regulation B. Advance America shall forward all completed Applications to the Bank (or its designated loan processing agent) electronically, by telephone, or by appropriate means agreeable to both Parties. (ii) Based upon the information provided by Applicants to the Bank through Advance America and such other credit-related information as obtained by Advance America at the direction of the Bank, and pursuant to the credit granting standards adopted by the Bank, the Bank shall be solely responsible for determining whether to extend credit to Applicants. The Bank shall, either itself or through its designated loan-processing agent, communicate to Advance America its credit decision on any Application, together with the reason for any negative credit decision, electronically, by telephone or by other means acceptable to both Parties. Advance America shall provide an appropriately completed adverse action notice to any Applicant whose Application is rejected by the Bank. (iii) For each Loan to a Borrower, Advance America shall: (A) have the Borrower sign the Note; (B) deliver a copy of the Note to the Borrower; (C) obtain from the Borrower the executed Note, and the Borrower’s signed, personal check made payable to the Bank (the “Repayment Check”), which Repayment Check shall be for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Check”). In accordance with the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this Agreement. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.

Servicing of Loan Applications. (i) Advance America BANK also hereby authorizes DOLLAR to assist BANK in obtaining Loan applications by allowing DOLLAR employees shall to take Applications from Applicants, using an Application form approved by the BankBANK. Advance America DOLLAR shall make Applications available to prospective Applicants and shall not discourage any prospective Applicant from submitting an Application, Application and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America DOLLAR shall not discriminate against or discourage any Applicant in any aspect of the credit application process on any “"prohibited basis,” " as such term is defined in the Federal federal Equal Credit Opportunity Act (“"ECOA”") and Federal Reserve Regulation B. Advance America DOLLAR shall forward all completed Applications to the Bank BANK (or its designated loan processing agent) electronically, by telephone, or by appropriate means agreeable to both Parties)[* * *]. (ii) Based upon the information provided by Applicants to BANK in the Bank through Advance America Applications and such other credit-related information as obtained by Advance America DOLLAR at the direction of the BankBANK, or by BANK directly, and pursuant to the credit granting standards adopted by the BankBANK, the Bank BANK shall be solely responsible for determining whether to extend credit to Applicants. The Bank BANK shall, either itself or through its designated loan-processing agentthrough[* * *], communicate to Advance America DOLLAR its credit decision on any Application, together with the reason for any negative credit decision, electronically[* * *] and within a commercially reasonable time, by telephone or by other means acceptable to both Partiesin accordance with industry standards, following [* * *] receipt of each application. Advance America DOLLAR shall provide deliver an appropriately completed adverse action notice from BANK in compliance with Regulation B and applicable state law ("Adverse Action Notice") to any Applicant whose Application is rejected by BANK, which Adverse Action Notice shall also contain any adverse action information required by the BankFair Credit Reporting Act ("FCRA") and any applicable state credit reporting law. (iii) For each Loan to Each of BANK's Loans hereunder shall be evidenced by a Borrower, Advance America shall: promissory note ("Note") containing disclosures required by the federal Truth-in-Lending Act and applicable state law (the "Disclosures"). The Note shall be issued for the amount shown as the "Total of Payments" on the Note (which shall be the sum of the amount shown as the "Amount Financed" plus the amount shown as the "Finance Charge," and which amount shown as the "Finance Charge" shall equal a fixed amount based solely on the amount shown as the "Amount Financed" and not the term of the Loan). (iv) DOLLAR shall (A) have the Borrower sign the Note; (B) deliver a copy of the Note to the Borrower; (CB) obtain from the Borrower the executed Note, and the Borrower’s signed, personal check made payable to the Bank (the “Repayment Check”), which Repayment Check shall be for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Check”). In accordance with the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this Agreement. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.;

Servicing of Loan Applications. (i) Advance America employees shall take BANK also hereby authorizes ACE to accept Applications from Applicants, using an Application form approved by the BankBANK. Advance America ACE shall make Applications available to prospective Applicants and shall not discourage any prospective Applicant from submitting an Application, Application and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America ACE shall not discriminate against or discourage any Applicant in any aspect of the credit application process on any “prohibited basis,” as such term is defined in the Federal federal Equal Credit Opportunity Act (“ECOA”) and Federal Reserve Regulation B. Advance America ACE shall forward all completed Applications to the Bank BANK (or its designated loan processing agent) electronically, by telephone, or by other appropriate means agreeable to both Parties. (ii) Based upon the information provided by Applicants to BANK in the Bank through Advance America Applications and such other credit-related information as obtained by Advance America ACE at the direction of the BankBANK, or by BANK directly, and pursuant to the credit granting standards adopted by the BankBANK in its sole discretion, the Bank BANK shall be solely responsible for determining whether to extend credit to Applicants. The Bank BANK shall, either itself or through its designated loan-processing agentthe Service Provider, communicate to Advance America ACE its credit decision on any Application, together with the reason for any negative credit decision, electronically, by telephone electronically or by other means acceptable to both Parties. Advance America shall provide ACE shall, in compliance with Regulation B and applicable state law, deliver an appropriately completed adverse action notice (the “Adverse Action Notice”) to any Applicant whose Application is rejected by BANK. In addition to containing the Bankinformation required by the ECOA, the Adverse Action Notice shall contain any information required by the Fair Credit Reporting Act (the “FCRA”) or by any applicable state credit reporting law. Adverse Action Notices shall be developed by BANK and provided to ACE prior to origination of Loans under this Agreement. In compliance with the ECOA, the Adverse Action Notice shall contain contact information for BANK and the Service Provider. (iii) For Each Loan hereunder shall be evidenced by a promissory note (“Note”) containing disclosures required by the federal Truth-in-Lending Act and applicable state law (the “Disclosures”). The Note shall be issued for the amount shown as the “Total of Payments” on the Note (which shall be the sum of the amount shown as the “Amount Financed” plus the amount shown as the “Finance Charge,” and which amount shown as the “Finance Charge” shall equal a variable amount based solely on the term of the Loan. The amount of the Finance Charge on each Loan Note shall be pre-computed. In the case where BANK’s credit granting standards indicate that an Applicant qualifies for a Loan, ACE shall provide to Borrower a Borrower, Advance America shall: check or a voucher for the Amount Financed. (iv) ACE shall (A) have deliver a copy of the Borrower sign Note to the NoteBorrower; (B) deliver a copy of the Note Bank’s privacy policy to the Borrower; (C) obtain from the Borrower the executed Note, and the Borrower’s signed, ; (D) obtain from Borrower his or her signed personal check or checks, dated the due date of the final installment due under the Note, made payable to the Bank (the “Repayment Check”), which Repayment Check shall be BANK for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Borrower Check”). In , or the Borrower’s ACH debit authorization (the “Borrower Authorization”); and (E) in accordance with Section 1(b), hold in trust and as bailee for BANK, separate and apart from ACE’s own assets, the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this AgreementCheck or Borrower Authorization and Note. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.

Servicing of Loan Applications. (i) Advance America employees shall take Applications from Applicants, using an Application form approved by the Bank. Advance America shall not discourage any prospective Applicant from submitting an Application, and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America shall not discriminate against any Applicant in the credit application process on any “prohibited basis,” as such term is defined in the Federal federal Equal Credit Opportunity Act (“ECOA”) and Regulation B. Advance America shall forward all completed Applications to the Bank (or its designated loan processing agent) electronically, by telephone, or by other appropriate means agreeable to both Parties. (ii) Based upon the information provided by Applicants to the Bank through Advance America and such other credit-related information as obtained by Advance America at the direction of the Bank, and pursuant to the credit granting standards adopted by the Bank, the Bank shall be solely responsible for determining whether to extend credit to Applicants. The Bank shall, either itself or through its designated loan-loan processing agent, communicate to Advance America its credit decision on any Application, together with the reason for any negative credit decision, electronically, by telephone or by other means acceptable to both Parties. Advance America shall provide an appropriately completed adverse action notice to any Applicant whose Application is rejected by the Bank. (iii) The Bank’s Loans hereunder shall be evidenced by an agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (“Note”). The Note shall include an Arbitration Agreement. The Note shall be electronically signed by the officer of the Bank in the Bank’s name. (iv) For each Loan to a Borrower, Advance America shall: (A) have the Borrower sign the Note; (B) deliver a copy of the Note to the Borrower; (C) obtain from the Borrower the executed Note, and the Borrower’s signed, postdated personal check made payable to the Bank (the “Repayment Check”), which Repayment Check shall be for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Check”). In Pursuant to Washington state law and in accordance with the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this Agreement. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.

Servicing of Loan Applications. (i) Advance America employees shall take Applications from Applicants, using an Application form approved by the Bank. Advance America shall not discourage any prospective Applicant from submitting an Application, and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America shall not discriminate against any Applicant in the credit application process on any “prohibited basis,” as such term is defined in the Federal federal Equal Credit Opportunity Act (“ECOA”) and Regulation B. Advance America shall forward all completed Applications to the Bank (or its designated loan processing agent) electronically, by telephone, or by other appropriate means agreeable to both Parties. (ii) Based upon the information provided by Applicants to the Bank through Advance America and such other credit-related information as obtained by Advance America at the direction of the Bank, and pursuant to the credit granting standards adopted by the Bank, the Bank shall be solely responsible for determining whether to extend credit to Applicants. The Bank shall, either itself or through its designated loan-loan processing agent, communicate to Advance America its credit decision on any Application, together with the reason for any negative credit decision, electronically, by telephone or by other means acceptable to both Parties. Advance America shall provide an appropriately completed adverse action notice to any Applicant whose Application is rejected by the Bank. (iii) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (“Note”). The Note shall include an Arbitration Agreement. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. (iv) For each Loan to a Borrower, Advance America shall: (A) have the Borrower sign the Note; (B) deliver a copy of the Note to the Borrower; (C) obtain from the Borrower the executed Note, and the Borrower’s signed, postdated personal check made payable to the Bank (the “Repayment Check”), which Repayment Check shall be for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Check”). In Pursuant to Washington state law and in accordance with the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this Agreement. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.

Servicing of Loan Applications. (i) Advance America employees shall take Applications from Applicants, using an Application form approved by the Bank. Advance America shall not discourage any prospective Applicant from submitting an Application, and shall provide reasonable assistance to each prospective Applicant in completing an Application. Without limiting the generality of the foregoing, Advance America shall not discriminate against any Applicant in the credit application process on any “prohibited basis,” as such term is defined in the Federal Equal Credit Opportunity Act (“ECOA”) and Regulation B. Advance America shall forward all completed Applications to the Bank (or its designated loan processing agent) electronically, by telephone, or by appropriate means agreeable to both Parties. (ii) Based upon the information provided by Applicants to the Bank through Advance America and such other credit-related information as obtained by Advance America at the direction of the Bank, and pursuant to the credit granting standards adopted by the Bank, the Bank shall be solely responsible for determining whether to extend credit to Applicants. The Bank shall, either itself or through its designated loan-processing agent, communicate to Advance America its credit decision on any Application, together with the reason for any negative credit decision, electronically, by telephone or by other means acceptable to both Parties. Advance America shall provide an appropriately completed adverse action notice to any Applicant whose Application is rejected by the Bank. (iii) For each Loan to a Borrower, Advance America shall: (A) have the Borrower sign the Note; (B) deliver a copy of the Note to the Borrower; (C) obtain from the Borrower the executed Note, and the Borrower’s signed, postdated personal check made payable to the Bank (the “Repayment Check”), which Repayment Check shall be for the Total of Payments set forth in the Agreement; and (D) upon receipt (and only upon receipt) of the signed Note and Repayment Check, deliver to the Borrower a check, electronically signed by an officer of the Bank in the Bank’s name for the Amount Financed set forth on the Note (the “Proceeds Check”). In accordance with the policy of the Bank, Advance America will not allow any Borrower to roll-over a Loan made pursuant to this Agreement. (iv) The Bank’s Loans hereunder shall be evidenced by an Agreement comprised of a Consumer Loan Agreement and Federal Truth in Lending Disclosures (collectively the “Note”). The Note shall inter alia include an arbitration agreement, and class action participation waiver. The Note shall be electronically signed by an officer of the Bank in the Bank’s name. The Bank solely is responsible for ensuring that the Note complies with all applicable law.