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Terms And Conditions
Terms And Conditions
PLEASE BE ADVISED THAT IT IS A CRIME TO FALSIFY INFORMATION ON THIS APPLICATION. Applicant Acknowledgements By accepting the terms and conditions of this Application and submitting the same for consideration, each of the applicants (each, an “Applicant”; collectively, “Applicants”) specifically represents to Revolver Finance, LLC and to Revolver's agents, affiliates, subsidiaries, brokers, processors, attorneys, insurers, servicers, successors and assigns (“Revolver”) the following statements and agrees and acknowledges that: (1) the information provided in this application (“Application”) and its associated addenda is true and correct as of the date set forth opposite Applicant’s signature and that any intentional or negligent misrepresentation of this information contained in this Application may result in civil liability, including, but not limited to, monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that Applicant has made on this Application or its associated addenda, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under provisions of Title 18, United States Code, Sec. 1001, et seq.; (2) the loan requested pursuant to this Application (“Loan”) will be secured by a mortgage or deed of trust on the property described in this Application; (3) the collateral property will not be used for any illegal or prohibited purpose or use; (4) all statements made in this Application are made for the purpose of obtaining a mortgage loan; (5) the collateral property will be used for the purposes indicated in this Application; (6) no Applicant, property owner, or loan guarantor will occupy the collateral property as a residence; (7) the purchase of the collateral property is and will be the result of an arm’s length transaction between Applicant(s) and the seller of said property; (8) the Loan will be used primarily for business and commercial purposes and not for personal or consumer use, and the Applicant will adhere to applicable local, state, and federal laws regarding non-discriminatory business practices; (9) if the collateral property is located in a high-risk flood area, known as a Special Flood Hazard Area (“SFHA”), Applicant acknowledges that the federal government requires the purchase and maintenance of appropriate amounts of flood insurance and that Applicant will purchase and maintain appropriate amounts of flood insurance for the life of the Loan; (10) Revolver may retain the original document and/or an electronic record of this Application, whether or not the loan is approved; (11) the appraiser of the collateral property will be chosen by Revolver in its sole and absolute discretion, and Applicant will inform Revolver if Applicant has a personal or professional relationship with the chosen appraiser as soon as the appraiser’s identity becomes known to Applicant; (12) the loan requested pursuant to this Application and its subsequent approval or denial by Revolver is and will be the result of an arm’s length transaction between Applicant(s) and Revolver; (13) Revolver may continuously rely on the information contained in this Application, and Applicant is obligated to amend and/or supplement the information provided in this Application if any of the material facts that Applicant has represented herein should change prior to closing of the Loan; (14) in the event that Applicant‘s payments on the Loan become delinquent, Revolver may, in addition to any other rights and remedies that it may have relating to such delinquency, report Applicant’s name and account information to one or more consumer reporting agencies; (15) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law; (16) Revolver has not made any representation or warranty, express or implied, to Applicant regarding the property, including, but not limited to, its legal ownership, condition, value, or suitability for any purpose; and (17) the transmission of this Application as an “electronic record” containing Applicant’s “electronic signature,” as those terms are defined in applicable federal and/or state laws, or Applicant’s facsimile transmission of this Application containing a facsimile of Applicant’s signature shall be as effective, enforceable, and valid as if a paper version of this Application were delivered containing Applicant’s original written signature. Authorization to Obtain and Release Information The submitting Applicant hereby understands and acknowledges that, during the review of this loan request, Revolver will conduct due diligence and/or background investigations on the individuals listed in this Application. By accepting the terms and conditions of this Application and submitting the same for consideration, the submitting Applicant expressly authorizes Revolver to gather financial, credit, background, reference, and other information for the purposes of reviewing this Application. Additionally, the submitting Applicant expressly authorizes Revolver to share such information with affiliates or third parties as necessary and in accordance with standard business operations during the due diligence process. In connection with any such due diligence, Revolver is authorized to disclose to affiliates and/or third parties any and all documents and information necessary to complete its investigations. Other than for the necessary business purposes of Revolver, all personal and/or non-public information of the submitting Applicant will be treated by Revolver as strictly confidential and will not be shared with unauthorized parties or third parties unless required by applicable law and regulations and, in such an event, only to extent required. Credit Report Authorization By accepting the terms and conditions of this Application and submitting the same for consideration, the submitting Applicant hereby expressly authorizes Revolver to obtain a copy of Applicant’s credit report from a credit reporting agency of Revolver's choice. Applicant understands and acknowledges that Revolver will use the credit report for the legitimate business purpose of determining whether to extend credit to Applicant and, if so extended, upon what terms. Applicant understand that an inquiry will appear on Applicant’s credit report as a result of this action. Applicant expressly authorizes the credit reporting agency to use a copy of this Application to request and obtain any and all information deemed necessary to complete Applicant’s credit report. Applicant further expressly authorizes Revolver and all necessary third parties to provide requested information to the credit reporting agency in the fulfillment of this Application. E-Sign Consent to Use Electronic Records and Signatures As a commercial lender, Revolver is required to provide Applicant with certain loan documents, information, and disclosures in writing and made available in paper form. The Electronic Signatures in Global and National Commerce Act of 2000, as amended (“ESIGN Act”), is federal law that authorizes companies like Revolver to provide such information, documents, and disclosures to Applicant electronically only if Revolver first provides this ESIGN disclosure and obtains Applicant’s consent prior to receiving any electronic disclosures and related loan documents. Such consent covers all required loan documents and regulatory disclosures that Revolver may provide during the loan process and may be withdrawn at any time by contacting: Revolver Finance, LLC, 200 N. Broadway St., Ste. 205, Wichita, KS 67202, (316) 749-8663, Monday through Friday 8am-5pm Central time. If Applicant does not wish to use electronic records and signatures for any reason, Applicant can request that Revolver make paper copies of the loan documents for review and paper signature instead. An electronic signature carries the same validity and legal authority as a paper signature per the ESIGN Act. In order to receive information electronically, Applicant must have access to the following: • A current version of a supported Internet Browser: Internet Explorer 11.x, Microsoft® Edge 20 or higher, Mozilla Firefox Version 48 or higher, Apple® Safari™ Version 7x or higher, Google® Chrome™ Version 49 or higher; • A connection to the Internet; • A valid, active email address that is capable of sending and receiving emails and email attachments; • A current version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader); • A computer with an operating system capable of supporting all of the above: Windows® 7 or higher; Mac OS X 10.9+; • A printer to print out and retain records on paper, if so desired; and • Sufficient electronic storage to retain records electronically, if so desired. Revolver reserves the right to update these technical requirements at its discretion and with appropriate and reasonable notice to Applicant of any hardware or software requirement changes. Continuing to use the electronic services after receiving the notice of the change is reaffirmation of Applicant’s consent to use electronic loan documents and disclosures with Revolver. By consenting to receive required information, documents, and disclosures electronically, the submitting Applicant agrees to print out or download the required information, documents, and disclosures when Revolver advises such actions and to keep the same for Applicant’s records and to keep Revolver updated on the Applicant’s most up-to-date email address and contact information. By accepting the terms and conditions of this Application and submitting the same for consideration, the submitting Applicant hereby understands and acknowledges that Applicant has read the information about the use of electronic disclosures and documents and expressly consents to the use of electronic delivery and electronic documents in connection with Applicant’s loan application with Revolver, including the electronic delivery of the required mortgage disclosures, documents and other information in electronic format to Applicant’s email address. Applicant also hereby expressly consents to the use of electronic disclosures and documents in connection with Applicant’s loan with Revolver in place of written documents on paper. Notice of Prohibition Against Discrimination The Federal Equal Credit Opportunity Act (“ECOA”) prohibits creditors from discriminating against loan applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the legal capacity to enter into a binding contract) or because all or part of the applicant's income derives from any public assistance program or because the applicant has in good faith exercised any right under the Consumer Credit Protection Acts or any non-preempted state consumer credit protection laws. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, 600 Pennsylvania Ave, NW, Washington, D.C. 20580, 1-877-FTC-HELP (1-877-382-4357), available 9am-8pm Eastern time Monday through Friday. Notice of Right to Statement of Reasons for Adverse Action The Federal Equal Credit Opportunity Act also requires creditors to provide a statement of specific reasons for an adverse action taken in regard to a loan application within thirty (30) days provided that the statement is requested by the loan applicant within sixty (60) days of the creditor’s notification of adverse action. If the creditor chooses to provide the statement of reasons orally, the loan applicant has the right to have the statement of reasons confirmed in writing by the creditor within thirty (30) days of the creditor’s receiving the loan applicant’s written request for written confirmation of the statement of reasons. The statement of reasons can be obtained by contacting: Revolver Finance, LLC, 200 N. Broadway St., Ste. 205, Wichita, KS 67202, (316) 749-8663, Monday through Friday 8am-5pm Central time. Notice of Right to Receive Appraisal Report and Waiver of Timing Requirement The Federal Equal Credit Opportunity Act grants loan applicants the right to receive a copy of any appraisal report or written valuation obtained in connection with a loan application secured by a collateral property promptly upon completion of the appraisal or valuation or at least three (3) business days prior to the consummation of the transaction, whichever is earlier. However, the ECOA allows the Applicant to waive this timing requirement and receive the appraisal or valuation at or before the time of the consummation of the transaction. By accepting the terms and conditions of this Application and submitting the same for consideration, the submitting Applicant hereby agrees to waive the timing requirement of the delivery of the appraisal or valuation and agrees to receive the appraisal or written valuation at or before the time of the loan closing. Furthermore, Applicant has the right to receive this appraisal or valuation regardless whether the Applicant withdraws the Application or the loan does not close. Should the Applicant withdraw the Application or Revolver decides not to move forward with the loan, Revolver will provide a copy of the appraisal or valuation within thirty (30) days of such action. The Federal Equal Credit Opportunity Act further authorizes the lender to charge the Applicant a reasonable fee to reimburse the lender for the cost of the appraisal unless prohibited by law. However, the ECOA provides that the lender may not charge the Applicant for any copies of the appraisal. If Applicant would like to receive a copy of this appraisal, please send a written request, including the Applicant’s name and mailing address and the physical address of the appraised property, to: Revolver Finance, LLC, 200 N. Broadway St., Ste. 205, Wichita, KS 67202, (316) 749-8663, Monday through Friday 8am-5pm Central time. Please note that any appraisal Revolver obtains in connection with this Application will be used solely for the purpose of assisting Revolver in determining whether to extend credit secured by the appraised property and, if so, upon what terms. Depending upon the amount and the nature of the loan requested among other factors, the appraisal or valuation may be conducted by a certified appraiser, a licensed appraiser, or someone who is neither licensed nor certified. The person performing the appraisal or valuation may be a Revolver employee or an independent contractor. Revolver makes no warranties, expressed or implied, regarding the appraisal or valuation. The appraisal or valuation should not be relied upon by the Applicant or any third parties to determine the value, description, or condition of the subject property. Applicant may obtain an additional appraisal for Applicant’s own use and at Applicant’s own cost. Revolver encourages the Applicant to retain its own appraiser or other advisor if Applicant wishes to obtain professional assistance in such matters. © Revolver Finance, LLC July 2019
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