CHECK ADVANCE AGREEMENT - NEW
Devidia II Ltda. DBA Nationalpayday.com
Apartado 10455-1000, San Jose, Costa Rica
Name: Cash Advance Ratings
SS #: 567-17-2504 Address:
Telephone #: (408)-XXX-XXX Date: 12/06/04 ITEMIZATION OF AMOUNT
FINANCED OF $400.00
Loan # Check #: 1076
Maturity Date: 12/15/04 Bank Name: Meriwest Amount paid directly to you $400.00
ANNUAL PERCENTAGE RATE
The cost of your credit as a
yearly rate.
0.00% 		FINANCE CHARGE
The dollar amount the
loan will cost you.
$0.00 		Amount Financed
The amount of credit provided
to you.
$400.00		 Total of Payments
The amount you will have paid after you have made all payments as scheduled.
$400.00
Payment Schedule: One payment in the amount of $400.00 due on 12/15/04 .
Security: Your personal check is security for this loan.
Prepayment: If you payoff early you will not be entitled to a refund of part of the finance charge.
See terms above and below for additional information about nonpayment and default.
I, Cash Advance Ratings, as CUSTOMER wish to have funds advanced on my check. I understand that the fee charged by Nationalpayday.com is 0% of the amount advanced to me by Nationalpayday.com. I certify that I have on 12/06/04 written a check in the amount of $400.00 payable to Nationalpayday.com. I further certify that I maintain a checking or other account at Meriwest and that I am authorized to write checks against said account. I have, on or about this day, received from Nationalpayday.com the sum of $400.00. I understand and agree that Nationalpayday.com will negotiate electronically through the ACH system and/or deposit, cash, or assign said check on or about the day of 12/15/04 . At this time, Nationalpayday.com is to receive the full amount of the check without deduction.
TRUTH OF APPLICATION: You certify that the information stated on this agreement is true and correct. You understand that we are relying upon the application and this agreement. You authorize us to verify any information through any source including use of a credit report.
METHOD OF PAYMENT/AUTHORIZATION: I authorize the periodic automatic payment amount and any past due amount to be deducted from my account on the date indicated above and continue authorization until the total automatic payment amount is collected. This authorization is also applicable to any new account confirmation or payment dates provided by me at some future time for the purpose of completing my automatic payment plan. I understand that payments through the ACH system are not a condition for credit, and I may make payments by mail upon written notice. In addition, any future contracts and payment authorizations will be considered binding in a digital format.
DEFAULT: You will be in default under this agreement if (a) you stop payment on the check or otherwise fail to pay the total of payments on or before the payment due date shown above; (b) you provide false or misleading information about yourself, your employment, or your financial condition (including the account on which the check is drawn) prior to entering this agreement; or (c) any of the following things occur: your death, failure to pay your other debts as they come due, appointment of a committee, receiver or other custodian of any of your property, or the commencement of a case under the federal bankruptcy laws by or against you as a debtor.
CONSEQUENCES OF DEFAULT: Should you stop payment on the check or otherwise be in default under this agreement, we may at our option exercise any one or more of the following remedies: (a) we may charge an up to \$25.00 return check fee; (b) if payment is not made after written demand, we may go to court and get a judgment against you for the then unpaid amount of your obligations to us. In the event judgment is entered in our favor, we may seek to collect this judgment through all judicial means necessary, including attaching your nonexempt property; (c) if we have to hire an attorney to help us collect the amount you owe us, your signature on this agreement constitutes your agreement to pay all of our reasonable attorney's fees, court costs, and other expenses, including the costs of foreclosure and legal remedies that we incur in collecting; (d) if we are advised by your bank or other financial institution that the check has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, we may be required to notify the state's attorney's office for potential prosecution. CUSTOMER'S BANK CHARGES: You will not hold lender or our agents responsible for depositing any check(s) or for any fees you must pay as a result of any check(s) being deposited at your bank.
GOVERNING LAW: Both this agreement and the application is considered to be executed at our offices in San Jose, Costa Rica, and this transaction and agreement with us shall be governed by, construed, and enforced solely in accordance with the internal laws of Costa Rica.
EXCHANGE OF CREDIT: If we retain a "service company" to service your loan, you authorize us and the company to share information in connection with the application, processing, funding, servicing, repayment, and collection of your loan. We do not disclose any nonpublic personal information to any, except as permitted by law.
ARBITRATION PROVISION: Any and all disputes or disagreements between the parties arising out of this agreement or any prior agreement between them shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association as presently published and existing. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall be a condition precedent to any other court proceeding. Notwithstanding the applicability of any other law to any other provision of this agreement, the Federal Arbitration Act, 9 U.S.C. Section 1ff shall control the construction, interpretation, and application of the paragraph. Any issue as to whether the agreement is subject to arbitration shall be determined by the arbitrator. Each party, you and we, shall bear its own costs and expenses, including attorney's fees, that each party incurs with respect to arbitration. However, if under the circumstances relating to the dispute it would be unfair or burdensome for you to pay the AAA's filing fees or other fees, we will pay those fees for you. Any dispute as to payment of these fees will be determined by the arbitrator.
CLASS ACTIONS: To the extent permitted by law, you agree that you will not bring, join, or participate in any class action as to any claim, dispute, or controversy you may have against us, our employees, officers, directors, servicers, or assigns. Only disputes involving you and us may be addressed in the arbitration. The arbitration may not address any dispute on a "class action" basis. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above.
SURVIVAL: The provisions of this check advance agreement dealing with the section "To Arbitrate All Disputes" and the "Agreement Not To Bring, Join, Or Participate In Class Actions" shall survive repayment in full and/or default of this note. By signing this agreement you acknowledge that you have read, understand, and agree to all of its terms and conditions. You further acknowledge that this agreement contains all of the terms of the check advance agreement and that no oral representations or premises other than those contained in this agreement have been made. You also further acknowledge that this agreement was filled in before you signed and that you have received a completed copy of it.

(x)
  12/06/04
  (x)
  12/06/04
Borrower's Signature   Date   Company's Representative   Date










 
 





PRE-AUTHORIZATION TO ELECTRONIC FUND TRANSFER

On the date written below I have entered into an check advance agreement with Devidia II Ltda. d/b/a Nationalpayday.com hereby referred to as (“Nationalpayday.com”), whereby Nationalpayday.com has agreed to advance me a certain amount of money, as set forth in the Advance Agreement (“Agreement”) signed by me and dated as of today’s date.

I hereby authorize Nationalpayday.com and/or its service agents, to electronically credit my bank account number 000XXXXXXX at Meriwest (the “Account”) in the amount of the advance proceeds. I further authorize Nationalpayday.com and /or its agents to either: (a) electronically debit, or (b) issue a bank draft against the Account in the amount equal to the payment(s) provided for by the Agreement on the due date of said payment(s).

I understand that Nationalpayday.com may initiate multiple electronic debits against the Account, which in sum equal the amount of the payment(s) due, and I authorize Nationalpayday.com to do so.


I UNDERSTAND THIS AUTHORIZATION IS OPTIONAL. I CAN REVOKE THIS AUTHORIZATION BY GIVING NOTICE OF REVOCATION TO Nationalpayday.com. ANY REVOCATION IS EFFECTIVE ONLY AFTER Nationalpayday.com HAS RECEIVED WRITTEN NOTICE FROM ME TO REVOKE THIS AUTHORIZATION IN SUCH TIME AND MANNER AS TO AFFORD A REASONABLE OPPORTUNITY TO ACT UPON THE NOTICE. I ALSO HAVE THE RIGHT TO STOP PAYMENT OF THE DEBIT ENTRY BY NOTIFICATION TO MY BANK AT LEAST THREE BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE ENTRY.

I acknowledge that I have read and understand this pre-authorization form and that I have received a copy of it.

Signature of Individual Date
___________________________________ _______________

























IMPORTANT NOTICE

YOU MUST PRINT THIS CONTRACT OUT, SIGN IT
AND FAX IT ALONG WITH THE 5 OTHER ITEMS LISTED BELOW TO 1-866-728-4579.

<-- Click here to Print

Be sure to fax the above items TODAY in order to be eligible for a Free Loan*!! Offer ends soon!! All applicants who are approved by 2 pm EST will receive funds the NEXT BUSINESS DAY.

If you do not have a fax machine, you can visit a local Kinkos or UPS Store in order to send your fax. Follow these links to find the store nearest you:
Kinkos Store Finder
UPS Store Finder

FAX THE FOLLOWING ITEMS
1. A copy of the contract you printed out with your signature.
2. Signed Pre-Authorization to Electronic Funds Transfer (EFT) form that you printed.
3. Your most recent paystub.
4. A full and complete copy of your most recent bank statement or an online printout showing the last 30 days of activity beginning with the current date. (Your loan cannot be processed until your complete bank statement is faxed in.)
5. The blank, voided check you used in your application.
6. Copy of your Driver’s License or State ID.


USE THIS AS YOUR FAX COVER SHEET
Thank you for choosing Nationalpayday.com