Servicing Agreement Lender To Lender Financing, Inc. 27322 23 Mile Road Suite 5 Chesterfield, MI 48051
Lender
To Lender Financing, Inc.
00000
00 Xxxx Xxxx Xxxxx 0
Xxxxxxxxxxxx,
XX 00000
000-000-0000
Service
Agreement dated as of _______________________ is made between Lender To Lender
Financing,
Inc. with offices at 00000 00 Xxxx Xxxx. Xxxxx 0, Xxxxxxxxxxxx, Xxxxxxxx 00000
and ___________________________________________,
a _________________________ Corporation,
Partnership, LLC or a Sole Proprietorship located at _______________________________________________________________
City,
State, and Zip Code
__________________________________________________.
Definitions:
Cost: Includes all cost
outside of normal internal collection cost. Any Money paid to outside
vendors,
state or local agencies to assist in collections as well as lawyer fees that are
charged to Lender To
Lender Financing, Inc.
Collections: All net monies
received from customers to servicer with respect to the accounts of selling
dealer.
Receivable: Refers to all
contracts that are executed with a customer and sent to Lender To Lender
Financing, Inc. for funding and or servicing.
Net: Refers to monies
collected after bad or nsf checks or money orders, and or expenses for
collections
and or legal fees as well as Lender To Lender Financing, Inc. Collection
Fees.
Agreement:
Receivable Acceptance: Any and
all of the contracts that are submitted from a dealer must be correct
and the seller will be responsible for accuracy of the contracts and any
accompanying paperwork
that is required by the state of domicile and/or any other regulatory
agency.
Advance: The seller may
receive a predetermined amount of money and accept that money as payment
for the sales contract that is given to Lender To Lender Financing, Inc. This
will be a loan on
future payments of automotive sales contracts submitted to Lender To Lender
Financing, Inc.
Payment
Center: I
understand that Lender To Lender Financing, Inc. is a payment center that will
fund on contracts
and will assist in collections. I also understand that the dealership is solely
and totally responsible
for the sales and the financing of each and every contract.
Borrower: The borrower will
receive the loans and the borrower will personally guarantee the loans.
______________________________Title
_________
Signature
______________________________Date
_________
Print
Name
Repayment
of defaulted loans:
Payments
Weekly, Bi Weekly or Semi Monthly:
If the
full customer payment is not received by the second missed payment, the account
shall be
paid in full by the dealer and the money (check) must be received by Lender To
Lender
Financing, Inc. within two (2) working days.
Monthly
Payments:
If full
payment is not received within 20 days of the due date of the payment the
advance balance and collection fees must be
paid by the selling dealer and received by the 22nd day of a
missed monthly payment.
Non
Payment of Defaulted Loans:
If the
payment is not on time as described above, the dealership will be responsible to
pay 20% of
their dealer Accounts Receivable, plus the Gross Advance Balance.
Lender To Lender Financing, Inc:
Lender To Lender Financing, LLC will have and may exercise
any and all rights and remedies available to collect all monies owed to Lender
To Lender
Financing, Inc.
Lease Sales Tax: Sales tax on
the down payment shall be submitted to Lender To Lender Financing,
Inc. with each deal submitted.
All other taxes: The dealer is
responsible for all other taxes other than monthly sales tax for leases
which will be deducted from the payment each month by Lender To Lender
Financing, Inc.
Selling Off of Accounts: With
consent of the selling dealer, Lender To Lender Financing, Inc. will have
the option to sell off accounts that have been assigned to Lender To Lender
Financing, Inc.
The
proceeds from the initial sale will be split after all cost and expenses 80% to
the dealer’s
pool and 20% to Lender To Lender Financing, Inc.
Legal: After a reasonable time
trying to collect and or repossesses the vehicle without success the
account will be turned over to legal collections. Once the vehicle is turned
over to legal the proceeds
will be split 65% to the dealer and 35% to Lender To Lender Financing, Inc.
after all cost,
legal or otherwise.
Repossession of Vehicle: Once
the vehicle is repossessed and sold at auction the proceeds will be split
after repossession and representation cost are recovered, 80% for the selling
dealer
and 20% to Lender To Lender Financing, Inc.
After Repossession: All net
monies collected will be split 65% for the selling dealer and 35% to
Lender To
Lender Financing, Inc.
Duties of the Selling Dealer:
The selling dealer represents that all documents and statements
made in
any transaction are true and correct. In the event there is any
misrepresentation, the selling
dealer is held responsible and will be in violation of this contract if not
corrected within 7 days.
Security
Interest:
Dealer
grants to Lender a security interest in all of Dealer’s right, title and
interest in the following
property of Dealer including without limitation: All accounts, chattel paper
(both tangible
and electronic), goods, inventory, equipment, fixtures, payment intangibles,
general intangibles,
software, instruments, letters of credit, letter of credit rights, money,
documents, deposit
accounts, investment property, commodity contracts, commodity accounts,
farm
products,
timber to be cut, oil, gas and other minerals prior to extraction, as-extracted
collateral, vehicles,
manufactured homes and supporting obligations, and all products and proceeds
thereof, whether
now owned or hereafter acquired. Terms used in the preceding collateral
description shall
have the respective meanings accorded such terms in the Uniform Commercial Code
as enacted
in the state of domicile of the Dealer as of the date hereof.
This
Collateral secures the full and prompt performance and payment to Secured Party
of all obligations
of Dealer to Lender, whether incurred directly or acquired by purchase, pledge,
or otherwise,
and whether participated in whole or in part, including, without limitation, (i)
every such
obligation to Lender, whether in a joint, several, or joint and several
capacity, whether now owing or
existing or later arising or created, owed absolutely, or contingently, created
by loan, overdraft,
guaranty, or other contract, quasi-contract, tort, statute, or otherwise,
whether for principal,
interest, fees, expenses, or otherwise and (ii) any and all obligations of
Dealer to Lender or
to any affiliate of Lender, whether now owing or existing or later arising or
created, owed
absolutely or contingently, whether evidenced or acquired (including all
renewals, extensions,
and modifications thereof or substitutions) (collectively the “Subject
Debt”).
Acceptance of contracts/receivables:
Lender To Lender Financing, Inc. will from time to time inspect
contracts delivered from the selling dealer. If Lender To Lender Financing, Inc.
does not feel the
deal is as represented, Lender To Lender Financing, Inc. may reject the
receivable submitted.
If inaccuracies are missed in the initial inspection of the paperwork the
selling dealer is
responsible for all errors and liabilities related to the contracts and
paperwork. Lender To Lender
Financing, Inc. will also have the right to accept of reject any and all
contracts.
Account status: Will be in
three categories, Acceptable
accounts that are on time. In Question, will be
up to 5 days late on payments and Collection Account which will
be 6 days late or beyond.
Distribution of Funds Collected:
All monies received as payments toward qualifying receivables
will be applied as follows:
First
Lease Sales Tax Paid (if applicable)
Second:
20% to Lender To Lender Financing, Inc.
Third: To
reimburse servicer for all collection cost.
Forth:
Balance of the payments to repay advances and the excess money to the
dealership.
Indemnities: The selling
dealer will hold harmless the servicer from any and all cost claims and
liabilities
arising out of or resulting from collections of contracts and or repossession.
Lender To Lender
Financing, Inc. will be responsible for collections. In the event of gross
negligence related
to collecting and/or repossession ordered by Lender To Lender Financing, Inc.,
Lender To Lender
Financing, Inc. will take full responsibility.
Confidentiality: Any
authorized selling dealer must keep all materials and information to
themselves
and under no circumstances give any information to anyone without express
written consent
from Lender To Lender Financing, Inc. Without written consent from Lender To
Lender
Financing, Inc. the selling dealer will be in violation of the servicing
agreement.
Violation of Contract/Servicing
Agreement: Any violation of the service contract will result in
loss of
any additional revenues earned through Lender To Lender Financing, Inc. The
selling dealer
will be required to pay Lender To Lender Financing, Inc. all cost plus 20%
servicing fees of the
entire accounts receivable, plus the gross advance balance.
Merger or consolidation: Any
merger or consolidation will succeed to the business of the servicer
and shall be the successor to this agreement.
Resignation as Servicer:
Lender To Lender Financing, Inc. may resign at any time without
reason or
cause and must give a 15 day written notice. The selling dealer must pay Lender
To Lender
Financing, Inc. all cost and advances plus 20% servicing fee on the entire
accounts receivable
balance within 15 days of termination.
Termination by Dealer: If the
selling dealer wants to terminate this agreement and discontinue doing
business with Lender To Lender Financing, Inc. the dealer may do so by notifying
Lender To Lender
Financing, Inc. in writing. If the selling dealer would like their account
receivables, the
selling dealer may do so by paying Lender To Lender Financing, Inc. all related
advances, 20% of
all accounts receivables, plus any cost related to collections. If the selling
dealer would like
Lender To Lender Financing, Inc. to complete collections the selling dealer will
receive net collections
of 80% and Lender To Lender Financing, Inc. will receive 20% until after
repossessions.
Stand alone: Each deal will
stand on its own and the Dealer will be paid the balance of the account,
less collection fees, as each deal is paid off.
Set Off: Lender To Lender
Financing, Inc. may at any time apply costs to the account/ accounts
of the
selling dealer that resulted from collections. In the event accounts are not
kept current Lender To
Lender Financing, Inc. may pool all of the accounts and void the stand alone
clause.
Pooling of Accounts: Lender To
Lender Financing, Inc. will have the right to pool accounts in the event
of a lack of business from the dealership. And or not paying off an
account or accounts that
are/were past due.
Collections: All monies shall
pass through Lender To Lender Financing, Inc. If a payment is made at
the dealership the entire amount of that and all payments shall be paid to
Lender To Lender
Financing, Inc. In no way will Lender To Lender Financing, Inc. recognize any
payment
until the payment is in the hands of Lender To Lender Financing,
Inc.
Delegation of Duties: Lender
To Lender Financing, Inc. may at its discretion hire outside assistance
to assist in collections and or repossessions.
Complete Agreement: This
agreement is the complete agreement and supersedes any and all prior
agreements oral or written. This agreement may not be altered without the
written consent of both
parties.
This agreement is agreed and accepted on
only when both parties have signed this agreement. The parties hereto
have duly executed this Agreement effective as of the date first set forth. Each
of the parties acknowledge that they have thoroughly read and understand this
agreement and that they have been advised of their right to consult with and
have consulted with an attorney, or knowingly and voluntarily wave such right,
and have chosen to execute this
Agreement.
By
signing this agreement the parties have caused this agreement to be executed by
their respective
officers as of the day and year these agreements are signed.
Dealership:__________________________
Date: _________________________
Signed
By: _________________________ Print: __________________________
Guarantor
Title:
______________________________
Lender To
Lender Financing, Inc.
Signed
By: ________________________________ Date: ________________________
Title:
_____________________________________ Print Name:
___________________
