DISCLOSURE STATEMENT
ARC Hurricane Insurance Agency, Inc. will hereinafter be referred to as "Lender", this Premium Finance Agreement will hereinafter be referred to as "Agreement", and the person/ entity listed on Page 1 of the finance agreement under the section titled "Borrower" shall be hereinafter referred to as "Borrower". That in consideration of the payment by the Lender to the respective insurance companies, or their agents, of the balance of the premiums upon the policies hereinbefore described in this Agreement(which policies have been issued and delivered to the Borrower at its request), the Borrower promises to pay to the Lender the amount shown in the completed schedule in this Agreement under the caption "Total of Payments", with service charge thereon as in said Schedule of Policies provided; and the Borrower agrees to the following terms set forth by the Lender:
1. To secure all liabilities owed from the Borrower to the Lender, the Borrower assigns to the Lender all of their right, title, and interest in the insurance policies listed in this Agreement, and all rights therein including all dividends, unearned premiums and unearned commissions.
2. The Borrower hereby irrevocably appoints the Lenders as its attorney-in-fact with full power and authority to cancel the policies listed in this Agreement for default in payment. The insurance companies and/or its Agents listed in this Agreement are hereby authorized and directed, upon the request of the Lender, to cancel said policies and to pay to the order of the Lender all gross, unearned premiums, commissions and fees thereon without proof of default hereunder or of breach hereof. Interest will continue to accrue on unpaid balances, and the Borrower shall remain liable for any deficiency together with interest at the highest allowable legal rate. In the event of any breach by the Lender, Borrower's recovery is limited to the finance charge received in the Agreement by the Lender. Borrower waives all claims to recover any consequential or other damages. The Borrower is liable for all sums due under this Agreement, and the Lender may, but is not bound to seek to recover its collateral.
3. If any installment due hereunder is not paid within five (5) days of the due date, Borrower agrees to pay a delinquency and collections charge of $10.00 or 5% of the delinquent installment, whichever is greater; provided that if the policy(ies) financed pursuant to this Agreement are primarily for personal, family or household purposes, the delinquency and collection charge shall be $10.00, or the maximum allowed by applicable law. If any installment due hereunder is not paid within fifteen (15) days of the due date, Borrower acknowledges and agrees that Lender may send notice of cancellation to the insurer which issued each of the policies listed in this Agreement. If the Lender incurs collections costs for amounts due from Borrower, the Borrower agrees to pay reasonable attorney fees and other collection costs up to twenty (20%) percent of the amount due and payable under this Agreement, or the maximum allowed by applicable law. This contract will be governed by the laws of the State of Florida, without regard to conflicts of laws principles.Borrower consents to jurisdiction and venue in the state courts situated in Broward County, Florida as the exclusive venue for any actions or proceedings regarding the enforcement of the obligations under this Agreement, and Borrower waives any right to claim lack of personal jurisdiction in such courts or that such courts represent an inappropriate venue.
4. The Borrower agrees that the Lender may endorse the Borrower's name on any check or draft for all monies that become due from the insurance company and apply the same as payment of this agreement, returning any excess amount equal to or greater than one dollar ($1.00) to the Borrower.
5. In the event the payment made by Borrower to Lender is returned because of insufficient funds, the Borrower agrees to pay the Lender a fee of $15,00 or such maximum allowed by applicable law. All checks are accepted subject to collection. No payment of any kind is deemed made until funds have cleared and been received.
6. If a policy listed in this Agreement is not issued at the time this Agreement is executed, the Borrower gives the Lender the authority to fill in the name of the insuring company or authorized agent, policy number, and the due date of the first payment. Upon request of the Borrower, the Lender may advance to the insuring company any additional premiums that may become due, less normal down payment, adding the advance amount, plus any finance charge, to the Borrower's present contract.
7. The Borrower recognizes and agrees that the Lender is a lender and not an insurer and that the Lender assumes no liability hereunder as an insurer. The Borrower agrees that all payments hereunder shall be made directly to the Lender and payment by the Borrower to any other person, firm, insurance agent, or insurance company shall not constitute payment to the Lender. Borrower further agrees and understands that the insurance company whose name appears on this Agreement is not a representative of the Lender and has no authority to promise anything on behalf of the Lender. Furthermore, the Borrower understands that the Lender makes no warranties or representations concerning the financed coverage nor has it played any part in the selection, structuring, or acquisition of Borrower's insurance coverage.
8. The Lender shall have the right to accept any payment or payments from the Borrower after the notice of cancellation has been sent to the insurance company(ies) and may apply them as a reduction of the indebtedness hereunder, and neither the acceptance nor the application of any such payment or payments shall constitute an undertaking on the part of the Lender to reinstate such insurance or constitute a waiver of any default hereunder. In the event the Lender requests reinstatement of such insurance, the Lender assumes no responsibility that such request will be received or honored by the insurance company, and the Borrower must verify the existence of coverage directly with the insurance company or its agent.
9. Interest on the loan is earned each month according to the policy effective date based on the Rule of 78's or as otherwise required by law. If the Borrower pays off the balance prior to maturity, they may receive a refund of a portion of the total finance charges. No refund need be made if it is less than $1.00 or maximum allowable by applicable law. Payment due dates will start on the date provided in Box 11 and continue each consecutive monthly, quarterly, semiannually, or annual payments as specified in Box 10.
10. Borrower shall not assign the policy (except to mortgagees) without prior written consent of Lender. ARCHIA may assign this loan to a funding source, and at its discretion, may payoff and reassign same, including the terms and conditions herein, to another funding source, at any time during the term of this Agreement. 12. The money advanced by the Lender is only for the premium as determined at the time this Agreement is accepted by Lender. Lender's payment shall not be applied by the insurance company to pay for any additional premiums owed by Borrower for any reason whatsoever. Borrower agrees to pay the insurance company directly for any additional premiums which become due for any reason. Lender may however, at its option, finance the additional premium according to the written agreement as stated above in section 6.
11.The money advanced by the Lender is only for the premium as determined at the time this Agreement is accepted by Lender. Lender's payment shall not be applied by the insurance company to pay for any additional premiums owed by Borrower for any reason whatsoever. Borrower agrees to pay the insurance company directly for any additional premiums which become due for any reason. Lender may however, at its option, finance the additional premium according to the written agreement as stated above in section 6.
12. In the event of Fraud or any other type of misrepresentation, the Lender has the right to declare a default in the loan at anytime at its discretion. Any default under any Agreement between the Borrower and the Lender shall be deemed and is a default under all agreements between such parties. All unearned premiums due to the Borrower whether from the insurance financed pursuant to this Agreement or any other agreement between Borrower and the Lender shall be security for and collateralize all loans made to the Borrower.
13. The exchange of copies of this Agreement including signature pages received by electronic or facsimile transmission shall constitute effective execution and delivery of this Agreement and may be used in lieu of the original Agreement for all purposes. Electronic or written signatures of the parties shall be deemed to be original
THE BORROWER REPRESENTS AND WARRANTS AS FOLLOWS:
That all financial information or financial representations given to Lender are true and correct in all respects, and fully and accurately present the financial conditions reflected therein. The execution, delivery and performance of this Agreement by Borrower is within the requisite corporate or limited liability company power, and has been duly authorized. This Agreement, when duly executed and delivered, and accepted by the Lender will constitute legal, valid, and binding obligations of Borrower and will be applicable to and secure the payment and performance of this Agreement.
There are no actions, suits, or proceedings pending or to the knowledge of Borrower, threatened against or affecting the Borrower, or involving the validity or enforceability of this Agreement. There are no liens on or security interest in the collateral. That (a) all the Borrowers or insureds are listed on the Agreement and that if all are not listed, then the one who is listed is authorized to act on behalf of all the Borrowers or insured; (b) no other party is entitled to any notice other than the one set forth on the face of the Agreement; (c) the Lender may, at its option, advance the premiums which are the subject of the Agreement to the insurance company; (d) the Agreement contains the entire agreement between parties. Borrower is not in default with respect to any order, writ, injunction, decree or demand of any court or any Governmental Authority. The Borrower is not a Debtor under any bankruptcy proceedings of Title 11 of the U.S. Statues nor have any such proceedings been threatened. Borrower is not insolvent and is not the subject of any actions or receiverships. Borrower is not in any default with any other lender.
