Access Cash Solutions, LLC.
9750 Ormsby Station Road, Ste. 300
Louisville, KY 40223
**Loan Disclosure: Terms and Conditions (effective: 7/1/12)**
*This is a short term cash loan provided by Access Cash Solutions, LLC. (lender), and, as such, should ONLY be used for emergency situations when all other available sources have been exhausted (i.e. credit cards or banks with more favorable interest rates and fees). This is not a long term solution if you are struggling with financial hardships. The maximum loan amount is $500.00 for any individual, with the maximum term being six months. Any individual may extend the loan up to four times without paying the principal amount in full. This is contingent upon the loan being current and in good standing with Access Cash Solutions, LLC. at the time of extension. It is at the full discretion of the lender to decline an extension request for any reason deemed applicable. The interest and fees of this note will fall around 120% APR. Exact APR will be presented in the loan schedule provided at the time of the loan request. Principal of this note may be repaid in whole or in part without penalty or premium at any time prior to maturity. All payments of principal and interest and any other sums due under this note shall be made in immediately available funds to lender at the address for lender first set forth in this note or to such other person or at such other address as may be designated in writing by the holder of this note. Penalties and Fees can be assessed at any point when the loan is found to be in default, situations leading to default can be found below. Access Cash Solutions, LLC. pledges to work with all individuals to help avoid such occurrences. Please communicate any hardships or possible defaults in advance and these penalties and fees can be avoided. If your payment date falls on a weekend, it is at the discretion of the lender to process the payment on the preceding business day. Payments will be processed by ACS Payment Solutions, Ltd Co. on behalf of Access Cash Solutions, LLC. in accordance with the debit authorization submitted and the loan payment schedule selected.
**The obligations of each of the makers of this note are joint and several. If this note is not a demand note, it is understood and agreed that the occurrence of any one or more of the following events shall constitute a default under this note: (A) the failure to pay or perform any obligations, liabilities, or indebtedness of any of makers or any guarantor of this note to lender, whether under this note or any other agreement, note, or instrument now or hereafter existing as and when due (whether at maturity or by acceleration, and with no prior demand therefor by lender being necessary except to the extent, if any, required under the express terms of the agreement, note, or instrument governing such default); (B) death of any of the makers or of any guarantor of this note (if an individual), or a proceeding being filed by or commenced against any of makers or any guarantor of this note for dissolution or liquidation, or any of makers or any guarantor of this note voluntarily or involuntarily terminating or dissolving or being terminated or dissolved, or the sale of all or substantially all of the assets of any of the makers or of any guarantor of this note; (C) the failure of makers or any other person or entity to pay when due any installment of principal or interest or the failure to perform any of the covenants, agreements, or conditions of any other note or indebtedness (or contained in any mortgage, security agreement, or other document securing such note or indebtedness), the security for which constitutes an encumbrance on any property which is security for this note; (D) insolvency of, business failure of, the appointment of a custodian, trustee, liquidator, or receiver for or for any of the property of, or an assignment for the benefit of creditors by or the filing of a petition under bankruptcy, insolvency, or debtor's relief law, or for any readjustment of indebtedness, composition, or extension by or against any makers or any guarantor of this note; (E) any attachments, liens, or additional security instruments being placed upon the property which is security for this note, except to the extent, if any, permitted under the express terms of any security document; (F) lender determining that any representation or warranty made by any of makers or any guarantor of this note to lender is, or was at the time made, untrue or materially misleading; (G) any default as defined in a security document; or (H) lender deeming itself insecure for any reason.
***Whenever there is a default under this note the entire principal balance of and all accrued interest on this note and all other existing or hereafter created or arising liabilities, indebtedness, and obligations of makers to lender (however acquired or evidenced) shall, at the option of lender, become forthwith due and payable, without presentment, notice, protest, or demand of any kind (all of which are hereby expressly waived by makers). Failure of the holder of this note to exercise any of its rights and remedies shall not constitute a waiver of the right to exercise the same at that or any other time. All rights and remedies of the holder for default under this note shall be cumulative to the greatest extent permitted by law. Time shall be of the essence in the payment of all installments of interest and principal on this note and the performance of makers' other obligations under this note.
****If there is any default under this note, and this note is placed in the hands of an attorney for collection, or is collected through any court, including any bankruptcy court, makers promise to pay to the holder hereof its reasonable attorney fees and court costs incurred in collecting or attempting to collect or securing or attempting to secure this note or enforcing the holder's rights in any collateral securing this note, provided the same is legally allowed by the laws.
*****If any one or more of the provisions of this note, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this note and all other applications of any such provision shall not be affected thereby. In the event such provision(s) cannot be modified to make it or them enforceable, the invalidity or unenforceability of any such provision(s) of this note shall not impair the validity or enforceability of any other provision of this note.
*Makers and any other party who may become primarily or secondarily liable for any of the obligations of makers hereunder hereby waive presentment, demand, notice of dishonor, protest, notice of protest, and nonpayment, and further waive all exemptions to which they may now or hereafter be entitled under the laws of this or any other state or of the United States, and further agree that the holder of this note shall have the right, without notice, to deal in any way, at any time, with any of makers, or any guarantor of this note or with any other party who may become primarily or secondarily liable for any of the obligations of makers under this note without waiving any rights the holder of this note may have hereunder or by virtue of the laws of this state or any other state of the United States.
****GUARANTY OF PAYMENT****
For value received, the undersigned (jointly and severally if more than one) hereby guarantees absolutely and unconditionally, prompt payment of the within Note and agrees to pay all costs of collection, legal expenses and attorneys fees incurred or paid by the holder of the within Note in the collection and/or enforcement of said Note and the enforcement of the Guaranty.