Common use of Additional Servicing Clause in Contracts

Additional Servicing. Advance America shall perform all necessary servicing functions with respect to the Loans. Without limiting the foregoing: (i) Advance America shall use its reasonable best efforts to collect payments on the Loans prior to, at and after maturity thereof. In collecting payments owed under the Notes, Advance America shall comply in all material respects with applicable law, including without limitation the Fair Debt Collection Practices Act (the “FDCPA”) and applicable debt collection regulations and consumer protection laws applicable to Advance America in Pennsylvania and the Best Practices of the Community Financial Services Association of America. Advance America shall not encourage or allow its employees to threaten or imply that failure to honor any payment instrument in connection with any Loan shall subject the Borrower to potential criminal prosecution that Advance America does not reasonably believe will in fact result from such failure. The Bank has established a standard to monitor the effectiveness of the collection efforts of Advance America. The Bank requires that loan losses to the Bank on the Loans shall be **** or less of the amount of the finance charge on the Loans, as the finance charge is disclosed in the federal Truth in Lending box contained in the Notes (the “Loss Rate Standard”). Advance America agrees to meet the Loss Rate Standard in its collections. If Advance America’s collection efforts do not meet this Loss Rate Standard established by the Bank, the Fees (as that term is defined in Section 2(g) below) to be paid Advance America will be reduced by the dollar amount that the loan losses exceed the Loss Rate Standard. The Fees will be adjusted in accordance with this Section on a quarterly basis based on the calendar year to date loss experience. (ii) On each day Advance America operates its stores for regular business, Advance America shall deposit in a Bank account designated by the Bank (the “Bank Deposit Account”) all cash receipts for that day and all Repayment Checks required to be deposited on that day. Advance America shall reconcile the Bank Deposit Account on a monthly basis. (iii) Advance America shall maintain and retain all original Applications and copies of all Adverse Action Notices and other documents relating to rejected Applications for the period required by applicable law. Advance America shall maintain originals or copies, as applicable, of all Applications, Notes, Proceeds Checks, Repayment Checks and other documents provided to or received from Borrowers (all such documents referred to collectively as “Loan Documents”) for the period required by applicable law. Prior to repayment or charge-off of a Loan, the Loan Documents shall be maintained by Advance America in a secure environment. Advance America will work with the Bank’s designated loan processing agent to ensure that Bank is provided timely information concerning the basis for each Adverse Action Notice relating to a rejected Application.

Appears in 1 contract

Sources: Marketing and Servicing Agreement (Advance America, Cash Advance Centers, Inc.)

Additional Servicing. Advance America shall perform all necessary servicing functions with respect to the Loans. Without limiting the foregoing: (i) Advance America shall use its reasonable best efforts to collect payments on the Loans prior to, at and after maturity thereof. In collecting payments owed under the Notes, Advance America shall comply in all material respects with applicable law, including without limitation the Fair Debt Collection Practices Act (the “FDCPA”) and applicable debt collection regulations and consumer protection laws applicable to Advance America in Pennsylvania the State or States in which Advance America is marketing and servicing the loans, and the Best Practices of the Community Financial Services Association of America. Advance America shall not encourage or allow its employees to threaten or imply that failure to honor any payment instrument in connection with any Loan shall subject the Borrower to potential criminal prosecution that Advance America does not reasonably believe will in fact result from such failure. The Bank has established a standard to monitor the effectiveness of the collection efforts of Advance America. The Bank requires that loan losses to the Bank on the Loans shall be **** eight percent (8%) or less of the amount of the finance charge on the Loans, as the finance charge is disclosed in the federal Truth in Lending box contained in the Notes (the “Loss Rate Standard”). Advance America agrees to meet the Loss Rate Standard in its collections. If Advance America’s collection efforts do not meet this Loss Rate Standard established by the Bank, the Fees (as that term is defined in Section 2(g) below) to be paid Advance America will be reduced by the dollar amount that the loan losses exceed the Loss Rate Standard. The Fees will be adjusted in accordance with this Section on a quarterly basis based on the calendar year to date loss experience. (ii) On each day Advance America operates its stores for regular business, Advance America shall deposit in a Bank account designated by the Bank (the “Bank Deposit Account”) all cash receipts for that day and all Repayment Checks required to be deposited on that day. Advance America shall reconcile the Bank Deposit Account on a monthly basis. (iii) Advance America shall maintain and retain all original Applications and copies of all Adverse Action Notices and other documents relating to rejected Applications for the period required by applicable law. Advance America shall maintain originals or copies, as applicable, of all Applications, Notes, Proceeds Checks, Repayment Checks and other documents provided to or received from Borrowers (all such documents referred to collectively as “Loan Documents”) for the period required by applicable law. Prior to repayment or charge-off of a Loan, the Loan Documents shall be maintained by Advance America in a secure environment. Advance America will work with the Bank’s designated loan processing agent to ensure that Bank is provided timely information concerning the basis for each Adverse Action Notice relating to a rejected Application.

Appears in 1 contract

Sources: Marketing and Servicing Agreement (First Community Financial Group Inc)

Additional Servicing. Advance America shall perform all necessary servicing functions with respect to the Loans. Without limiting the foregoing: (i) Advance America shall use its reasonable best efforts to collect payments on the Loans prior to, at and after maturity thereof. In collecting payments owed under the Notes, Advance America shall comply in all material respects with applicable law, including without limitation the Fair Debt Collection Practices Act (the “FDCPA”) and applicable debt collection regulations and consumer protection laws applicable to Advance America in Pennsylvania the State or States in which Advance America is marketing and servicing the loans, and the Best Practices of the Community Financial Services Association of America. Advance America shall not encourage or allow its employees to threaten or imply that failure to honor any payment instrument in connection with any Loan shall subject the Borrower to potential criminal prosecution that Advance America does not reasonably believe will in fact result from such failure. The Bank has established a standard to monitor the effectiveness of the collection efforts of Advance America. The Bank requires that loan losses to the Bank on the Loans shall be **** eight percent (8%) or less of the amount of the finance charge on the Loans, as the finance charge is disclosed in the federal Truth in Lending box contained in the Notes (the “Loss Rate Standard”). Advance America agrees to meet the Loss Rate Standard in its collections. If Advance America’s collection efforts do not meet this Loss Rate Standard established by the Bank, the Fees (as that term is defined in Section 2(g) below) to be paid Advance America will be reduced by the dollar amount that the loan losses exceed the Loss Rate Standard. The Fees will be adjusted in accordance with this Section on a quarterly basis based on the calendar year to date loss experience. (ii) On each day Advance America operates its stores for regular business, Advance America shall deposit in a Bank account designated by the Bank (the “Bank Deposit Account”) all cash receipts for that day and all Repayment Checks required to be deposited on that day. Advance America shall reconcile the Bank Deposit Account on a monthly basis. (iii) Advance America shall maintain and retain all original Applications and copies of all Adverse Action Notices and other documents relating to rejected Applications for the period required by applicable law. Advance America shall maintain originals or copies, as applicable, of all Applications, Notes, Proceeds Checks, Repayment Checks and other documents provided to or received from Borrowers (all such documents referred to collectively as “Loan Documents”) for the period required by applicable law. Prior to repayment or charge-off of a Loan, the Loan Documents shall be maintained by Advance America in a secure environment. Advance America will work with the Bank’s designated loan processing agent to ensure that Bank is provided timely information concerning the basis for each Adverse Action Notice relating to a rejected Application.

Appears in 1 contract

Sources: Marketing and Service Agreement (First Community Financial Group Inc)

Additional Servicing. Advance America shall perform all necessary servicing functions with respect to the Loans. Without limiting the foregoing: (i) Advance America shall use its reasonable best efforts to collect payments on the Loans prior to, at and after maturity thereof. In collecting payments owed under the Notes, Advance America shall comply in all material respects with applicable law, including without limitation the Fair Debt Collection Practices Act (the “FDCPA”) and applicable debt collection regulations and consumer protection laws applicable to Advance America in Pennsylvania and the Best Practices of the Community Financial Services Association of America. Advance America shall not encourage or allow its employees to threaten or imply that failure to honor any payment instrument in connection with any Loan shall subject the Borrower to potential criminal prosecution that Advance America does not reasonably believe will in fact result from such failure. The Bank has established a standard to monitor the effectiveness of the collection efforts of Advance America. The Bank requires that loan losses to the Bank on the Loans shall be **** or less of the amount of the finance charge on the Loans, as the finance charge is disclosed in the federal Truth in Lending box contained in the Notes (the “Loss Rate Standard”). Advance America agrees to meet the Loss Rate Standard in its collections. If Advance America’s collection efforts do not meet this Loss Rate Standard established by the Bank, the Fees (as that term is defined in Section 2(g) below) to be paid Advance America will be reduced by the dollar amount that the loan losses exceed the Loss Rate Standard. The Fees will be adjusted in accordance with this Section on a quarterly basis based on the calendar year to date loss experience. (ii) On each day Advance America operates its stores for regular business, Advance America shall deposit in a Bank account designated by the Bank (the “Bank Deposit Account”) all cash receipts for that day and all Repayment Checks required to be deposited on that day. Advance America shall reconcile the Bank Deposit Account on a monthly basis. (iii) Advance America shall maintain and retain all original Applications and copies of all Adverse Action Notices and other documents relating to rejected Applications for the period required by applicable law. Advance America shall maintain originals or copies, as applicable, of all Applications, Notes, Proceeds Checks, Repayment Checks and other documents provided to or received from Borrowers (all such documents referred to **** This information has been redacted in accordance with a request for confidential treatment filed with the Securities and Exchange Commission. The confidential, redacted material has been filed separately with the Securities and Exchange Commission pursuant to Rule 406 under the Securities Act of 1933, as amended. collectively as “Loan Documents”) for the period required by applicable law. Prior to repayment or charge-off of a Loan, the Loan Documents shall be maintained by Advance America in a secure environment. Advance America will work with the Bank’s designated loan processing agent to ensure that Bank is provided timely information concerning the basis for each Adverse Action Notice relating to a rejected Application.

Appears in 1 contract

Sources: Marketing and Servicing Agreement (Advance America, Cash Advance Centers, Inc.)

Additional Servicing. Advance America shall perform all necessary servicing functions with respect to the Loans. Without limiting the foregoing: (i) Advance America shall use its reasonable best efforts to collect payments on the Loans prior to, at and after maturity thereof. In collecting payments owed under the Notes, Advance America shall comply in all material respects with applicable law, including without limitation the Fair Debt Collection Practices Act (the “FDCPA”) and applicable debt collection regulations and consumer protection laws applicable to Advance America in Pennsylvania Georgia and the Best Practices of the Community Financial Services Association of America. Advance America shall not encourage or allow its employees to threaten or imply that failure to honor any payment instrument in connection with any Loan shall subject the Borrower to potential criminal prosecution that Advance America does not reasonably believe will in fact result from such failure. The Bank has established a standard to monitor the effectiveness of the collection efforts of Advance America. The Bank requires that loan losses to the Bank on the Loans shall be **** eight and one half percent (8.5%) or less of the amount of the finance charge on the Loans, as the finance charge is disclosed in the federal Truth in Lending box contained in the Notes (the “Loss Rate Standard”). Advance America agrees to meet the Loss Rate Standard in its collections. If Advance America’s collection efforts do not meet this Loss Rate Standard established by the Bank, the Fees (as that term is defined in Section 2(g) below) to be paid Advance America for marketing and servicing the Loans as the Bank’s fiscal agent will be reduced by the dollar amount that the loan losses exceed the Loss Rate Standard. The Fees will be adjusted in accordance with this Section on a quarterly basis based on the calendar year to date loss experience. (ii) On each day Advance America operates its stores for regular business, Advance America shall deposit in a Bank account designated by the Bank (the “Bank Deposit Account”) all cash receipts for that day and all Repayment Checks required to be deposited on that day. Advance America shall reconcile the Bank Deposit Account on a monthly basis. (iii) Advance America shall maintain and retain all original Applications and copies of all Adverse Action Notices and other documents relating to rejected Applications for the period required by applicable law. Advance America shall maintain originals or copies, as applicable, of all Applications, Notes, Proceeds Checks, Repayment Checks and other documents provided to or received from Borrowers (all such documents referred to collectively as “Loan Documents”) for the period required by applicable law. Prior to repayment or charge-off of a Loan, the Loan Documents shall be maintained by Advance America in a secure environment. Advance America will work with the Bank’s designated loan processing agent to ensure that Bank is provided timely information concerning the basis for each Adverse Action Notice relating to a rejected Application.

Appears in 1 contract

Sources: Marketing and Servicing Agreement (Advance America, Cash Advance Centers, Inc.)