EXHIBIT 10.3
[LOGO] AMERIFIRST FUNDING GROUP, INC.
VIATICAL SETTLEMENT CONTRACT AND ESCROW AGREEMENT
BETWEEN
AMERIFIRST FUNDING GROUP, INC.
AND
This AGREEMENT is made and entered into this _____ day of ________ in the year
20___ by and between AmeriFirst Funding Group, Inc. ("Funding Group"),
AmeriFirst Fund I, LLC, ("Xxx Xxxx") and _____________.
WITNESSETH
WHEREAS, AmeriFirst Funding Group, Inc., desires to purchase from ___________a
certain life insurance policy on the life of ________________ issued by
_______________________________________ (Insurance Co.) with the policy
number_______________ (the "Policy") for the sum of $____________________ (the
"Purchase Price"); and
WHEREAS, the parties desire for Funding Group to hold the funds representing the
Purchase Price in escrow, on the terms and conditions hereinafter set forth;
NOW, THEREFORE in consideration of the mutual covenants and agreements
hereinafter contained, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties do hereby
agree as follows:
1. Simultaneously with the execution of this agreement, Viator shall deliver to
AmeriFirst Funding Group, Inc., its nominees and/or assigns an irrevocable
assignment of the policy in favor of The Fund. Escrow Agent shall hold the
policy and funds representing the Purchase Price in accordance with the terms of
this Agreement.
2. Upon receipt of the assignment of the policy in favor of The Fund, AmeriFirst
Funding Group, Inc. shall forward such assignment to the insurance carrier who
issued the policy, and shall request from such insurance carrier an acceptance
of the assignment of the policy. Upon receipt of such acceptance of assignment,
Funding Group shall authorize the Escrow Agent to deliver the funds,
representing the Purchase Price, to Viator within _______ business days. Failure
to transfer the funds within _______ business days renders the viatical
settlement contract and the transfer, assignment, bequest, or sale voidable.
3. In the event The Fund does not receive an acceptance of Assignment from the
insurance carrier within thirty (30) days after the date of this Agreement,
AmeriFirst
Funding Group, Inc. shall give written notice of such fact to Viator.
Thereafter, AmeriFirst Funding Group, Inc. shall contact the insurance carrier
and attempt to make arrangements to obtain an acceptance of the assignment of
the policy from the insurance carrier. In the event such acceptance cannot be
obtained within a reasonable time, AmeriFirst Funding Group, Inc. shall
redeliver the Assignment of the Policy in favor of the Viator.
4. The Viator has the unconditional and absolute right to cancel and rescind the
viatical settlement contract at any time prior to the full payment of the
proceeds. Additionally, the Viator may cancel and rescind this contract not
later than ___________________________after full payment of proceeds to the
Viator provided the full amount of the proceeds and any premiums paid by
AmeriFirst Funding Group, Inc. on said policy are returned by the Viator.
5. I, the undersigned, understand and acknowledge that Funding Group has the
unconditional and absolute right to cancel and rescind the Viatical Settlement
Contract at any time prior to the full payment of the proceeds. Additionally, to
the Viator if for any reason Funding Group has reason to believe that the policy
was purchased, issued or sold under fraudulent circumstances or if the insurance
company advises Funding Group that the policy has been rescinded or cancelled
the Viatical Settlement Contract becomes null and void. Upon notification that
the policy is being rescinded or cancelled by the insurance company, or the
Viatical Settlement Contract becomes null and void the Viator must provide the
full amount of any proceeds and premiums paid by Funding Group to Funding Group
within thirty (30) days.
6. By entering into a viatical settlement contract all of the right, title,
interest and benefit in and to the viator's life insurance policy, including all
supplementary contracts and riders attached thereto, will become the property of
the Fund. The premium payments on the viator's life insurance policy will no
longer be the responsibility of the viator. If this is not acceptable to the
viator, it is the viator's responsibility to provide a statement, in writing,
with the return of this document package stating that the rights to these riders
shall be reserved by the viator. Arrangements will be made with the insurance
company to preserve the viator's interest in said riders. If the arrangements
are not satisfactory to both the viator and the viatical settlement company, the
ownership of the policy shall not be transferred to the Fund and the viatical
settlement contract will be rendered null and void.
7. The Viator should be aware that all inquiries about the Viator's health will
be made by 21st Holdings, LLC. 21st is in the business of tracking Viator
status. Tracking services will include:
1. Quarterly calls to the Viator's physician to obtain statements about
the Viator's health.
2. Situations where Viator does not frequently visit the physician
sometimes occur, in these instances 21st will contact the Viator's
personal references
8. In performing its duties hereunder, Escrow Agent shall not incur any
liability to AmeriFirst Funding Group, Inc. or to Viator for any damages, losses
or expenses which either party may sustain or incur, unless the same is a direct
result of the negligence or intentional misconduct of Escrow Agent. Escrow Agent
shall be protected in any action taken or omitted in good faith upon the advice
of its legal counsel given with respect to the duties and responsibilities of
Escrow Agent hereunder. Escrow Agent shall be entitled to rely on any document
or instrument, including any written notice or instruction provided for in this
Agreement, which Escrow Agent in good faith believes to be genuine or to have
been signed or presented by a proper person or persons in accordance with this
Agreement. AmeriFirst Funding Group, Inc. and Viator hereby agree to indemnify
and hold harmless Escrow Agent from and against all losses, claims, damages,
liabilities and expenses which it may sustain or incur hereunder, including,
without limitation reasonable attorneys fees, which may be imposed upon Escrow
Agent or incurred by Escrow Agent in connection with the performance of its
duties hereunder.
9. Any notice required or permitted to be given hereunder shall be in writing
and shall be deemed to have been duly given if sent by certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Viator:
If to AmeriFirst Funding Group, Inc.: AmeriFirst Funding Group, Inc.
0000 X Xxxxxxx Xx
Xx. Xxxxx, XX 00000
If to Escrow Agent: SouthTrust Bank
Corporate Trust Department
000 Xxxxxx Xxxx Xxxxx, 0xx Xx
Xxxxxxxxxx, Xxxxxxx 00000
Attn: Xxxxxxx Xxxxxxx
000-000-0000 - Direct
000-000-0000
Fax
Any notice mailed as provided herein shall be deemed received by the party to
whom it is addressed on the date of receipt, or on the first date of attempted
delivery in the case of any notice which is undeliverable by the U.S. Post
Office. The foregoing shall not preclude any other method of giving notice.
10. This Agreement represents the entire agreement between the parties with
respect to the subject matter hereof, and may not be modified or amended except
by a written instrument signed by all of the parties hereunto. This Agreement
shall be binding upon and shall inure to the benefit of the parties hereunto and
their respective heirs, successors
and assigns. This Agreement has been made and entered into in the State of
Georgia and shall be construed and enforced in accordance with Georgia Law.
Venue for any litigation from this agreement or its enforcement shall be in
Camden county Georgia. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original.
In witness whereof, the parties have executed and delivered this Agreement on
the day and in the year above written:
VIATOR: By:______________________________
Insured
AMERIFIRST FUNDING GROUP, INC. By:______________________________
ESCROW AGENT: By:______________________________
