do these terms hold in PA

CASH ADVANCE AGREEMENT


DATE: 8/20/2012LOAN NUMBER: 281590LENDER: AMERICAN WEB LOAN, INC.BORROWER(S)/DEBTOR(S):


FEDERAL TRUTH-IN-LENDING DISCLOSURES

ANNUAL PERCENTAGE RATE

The cost of your credit as a yearly rate.
1,054.37 %
FINANCE CHARGE

The dollar amount the credit will cost you.
$150.00
AMOUNT FINANCED

The amount of credit provided to you or on your behalf.
$500.00
TOTAL OF PAYMENTS

The amount you will have paid after you have made all payments as scheduled.
$650.00
Your Payment Schedule is: One payment in the amount of $650.00 due on8/31/2012Security: If you have chosen the ACH debit authorization option, your ACH authorization is security for this loan.
Prepayment: If you pay off early you will not have to pay a penalty.
Late Fee: If a payment is late, you will be charged a $20.00 fee.

Please see the remainder of this document for additional information regarding nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.

THIS CASH ADVANCE AGREEMENT (this "Agreement") is between you, as borrower/debtor, and American Web Loan, Inc., an arm of the tribe of the Otoe-Missouria Tribe of Indians, a federally recognized Indian tribe, as lender. Anytime this Agreement references "you" or "your," it means you as the borrower; when it references "Lender," "we," "us" or "our," it means American Web Loan, Inc.; when it references "tribe" or "tribal," it means the Otoe-Missouria Tribe of Indians; when it references "loan," it means the transaction between you and us pursuant to the terms of this Agreement.
This loan is made and entered into with you by American Web Loan, Inc., an arm of the tribe, wholly-owned and operating under the authority and laws of the Otoe-Missouria Tribe of Indians. This Agreement is subject solely to the laws and jurisdiction of the Otoe-Missouria Tribe of Indians. By entering into this Agreement, you acknowledge and consent to be bound by all the terms in this Agreement; you consent to the exclusive subject matter and personal jurisdiction of the tribal courts for all disputes arising from this Agreement; and you understand and agree that state laws or regulations do not apply to this Agreement, the interpretation of this Agreement or the enforcement of this Agreement.
We value the opportunity to serve your needs and want you to be completely satisfied and comfortable in all your dealings with us. WarÃ*groxi (Thank You)!


Itemization of the Amount Financed: Amount paid directly to you: $490.00
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PROMISE TO PAY: You promise to pay us the Total of Payments (the Amount Financed plus the Finance Charge) according to the Federal Truth-In-Lending Disclosures as stated above and any other permitted charges under this Agreement. You acknowledge and agree that: you are indebted to us in the amount of the Total of Payments; that the amounts set forth in the Truth-In-Lending Disclosures are not in dispute; and that you do not have any defense to the payment of such amounts.

METHODS OF PAYMENT: Your payment must be received by us on or before the date(s) indicated in the Payment Schedule above, or pursuant to the terms of an Extension of Payments if such is requested by you and approved by us under the procedure set forth below. Your ACH/EFT authorization will be held by us until the payment date, as security for this advance. You agree that we may debit your account for the payment (see Electronic Funds Transfer (EFT) Agreement and Disclosure below) in the amount of Total Payments before noon (CST) three (3) days prior to the Payment Date. If you have chosen the ACH Debit Authorization option and do not want an ACH entry initiated for your payment, for your convenience you have the option to notify us and make arrangements with us by 5:00 PM Central Time, two (2) business days prior to the Payment Date, so an authorized ACH entry is not initiated. If you choose to mail a payment, (i) all payments shall be mailed to 522 North 14th Street, Box 130, Ponca City, Oklahoma 74601, (ii) payments must reach this address by the Payment Date, and (iii) you should notify us by 5:00 PM Central Time two (2) business days prior to the Payment Date so an authorized ACH entry is not initiated prior to receipt of the payment.

DEFAULT: You will be in default under this Agreement if you fail to keep any of your promises under this Agreement, including, but not limited to, your promise to have sufficient funds in Your Account for us to successfully process the ACH Debit, if you have chosen the ACH Debit authorization option, you fail to make a payment by the due date or if your payment is returned to us for any reason, or if any information you provide to us or any representation you make to us is false or misleading. In the event of default, we may exercise all our rights under the law, including but not limited to proceeding to collect the entire amount owed under this Agreement as allowed by law.

EXTENSION OF PAYMENTS: We will allow you to extend or defer the scheduled repayment of the Total of Payments (see our website) if you call us at [URL="tel:1-877-636-1353"]1-877-636-1353[/URL] between 8 am and 5 pm Central Time and arrange an extension by speaking with a customer service representative. When calling, please have your loan number available so we can provide you with the best service possible. YOUR REQUEST FOR AN EXTENSION MUST BE RECEIVED AT LEAST THREE (3) BUSINESS DAYS PRIOR TO YOUR ORIGINALLY-SCHEDULED REPAYMENT DUE DATE. In order for us to grant an extension, your account must be fully current, and you must still meet all original qualification requirements. An extension fee, in the same amount as the original finance charge listed above, will be assessed and withdrawn from your account on the originally scheduled repayment due date.

ELECTRONIC FUNDS TRANSFER (EFT) AUTHORIZATION: You may choose the convenience of having your monthly loan payments under the Agreement made automatically from your bank account. You understand that this is not a condition of lender making the Agreement with you. This authorization allows preauthorized electronic funds transfer payments from your bank account designated below

• AUTHORIZATION: "Electronic Funds Transfer Authorization" means you authorize Lender to automatically withdraw funds from your Account ("Electronic Funds Transfer Payment") through an automated clearing house transfer (electronic debiting of your Account) or by bank draft (remotely created check or "RCC") in order to make your payments to Lender as required by the Agreement. If the due date falls on a Saturday, your payment will be deducted on the Friday before that pay date. If the due date falls on a Sunday, your payment will be deducted on the following Monday. If the due date falls on a holiday, your payment will be deducted on the business day prior to the holiday. You agree to keep sufficient funds in the Account on the due date so that the payment can be made in the required amount. If there are insufficient funds in your Account, we may continue to debit your Account until sufficient funds are available.
  
• NOTICE OF VARYING AMOUNTS: For those customers who have chosen the electronic funds transfer, please note that you have the right to receive notice of all withdrawals from your Bank Account by an ACH Debit that vary in amount. However, by agreeing to let us withdraw the money from your Bank Account, you agree we only have to tell you the range of withdrawals that we can make. The range of withdrawals will be either an amount equal to your installment payment or an amount equal to the outstanding balance under the Loan (which may be greater than or less than an installment payment based upon your payment history), plus a returned payment fee as specified below. For any withdrawal outside of this specified range, we will send you a notice. Therefore, by signing this Agreement below, you are choosing to only receive notice when a withdrawal exceeds the amount in the specified range. You authorize us to vary the amount of the amount of any withdrawal as needed to repay installments due on the Loan as modified by any partial prepayments you make.
  
• PROCEDURES UPON PAYMENT IN FULL: You understand that when your Agreement is paid off and we send notice to your Bank to cease Electronic Funds Transfer Payments, occasionally a bank fails to stop Electronic Funds Transfer Payments in a timely manner. If this occurs, or if an overpayment is otherwise made, we will refund to you the amount exceeding any amount due as soon as reasonably possible upon discovery of the overpayment, and you agree that this is a reasonable procedure. If there is a balance remaining after the scheduled final due date of the Agreement, you authorize us to continue to debit your Account in the amount of the Electronic Funds Transfer Payment at regular intervals until the unpaid balance is paid. Although we are authorized to continue these Electronic Funds Transfer Payments, we are under no obligation to do so.
  
• BANK ACCOUNT INFORMATION: Lender may withdraw funds from the following Account and any subsequent account you provide to us in a similarly authenticated manner:Account NumberatName of BankXXXXXXXXX7010
  WACHOVIA BANK N.A.
  

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DOCUMENTATION AND ELECTRONIC SIGNATURES: Both parties intend for the federal Electronic Signatures in Global and National Commerce Act to apply to (i) your consent to receive documents in electronic form, (ii) this Agreement between you and us, and (iii) our ability to conduct business with you by electronic means. Therefore, you must consent to receive and sign documents electronically, as provided below by your electronic signature. If your loan application is approved, you will be asked to electronically sign your loan documents by clicking on a signature button. When you do that, you also will be certifying that you agree to receive disclosures electronically.

CHANGES TO YOUR CONTACT INFORMATION You should keep us informed of any change in your electronic or mailing address. You may contact American Web Loan, Inc. via the information listed above regarding any such changes.

CREDIT REPORTING: We may obtain a consumer credit report from one or more consumer credit reporting agencies (credit bureaus) in connection with your application and as otherwise allowed by applicable law. You agree that we may also verify your employment, income, assets and debts and you authorize us to obtain additional credit reports and other information about you in connection with updates, renewals, extensions, account review, collections activity or for any other legitimate purpose.

TELEPHONE CALLS: You hereby agree that in the event we need to contact you to discuss your account or the repayment of your loan, we may call you at any number, including any cell phone number you have provided, and that we may leave an autodialed or prerecorded message or use other technology (including, but not limited to, SMS messaging or other text messaging) to contact or to communicate with you. You can stop receiving text messages from us at any time by logging on to our website and updating your account information, calling us at [URL="tel:%28877%29%20636-1353"](877) 636-1353[/URL], or emailing customer service at [EMAIL="customerservice@americanwebloan.com"]customerservice@americanwebloan.com[/EMAIL].

PATRIOT ACT: We adhere to the USA Patriot Act and we are required by law to adopt procedures to request and retain in our records information necessary to verify your identity.

REPRESENTATION AND WARRANTIES: You hereby promise, represent and warrant as follows: (a) that all information you have provided to us is accurate; (b) that the bank account on which the payment is drawn (hereinafter "Your Account") is a legitimate, open and active account in your name; (c) that you will not close Your Account or place a stop payment on Your Account prior to our negotiating the payment; (d) that you will have sufficient funds in Your Account on and after the payment date for the payment to be paid, until it is paid; (e) that you are at least 18 years of age and have the right to enter into this Agreement; (f) that you have the ability to repay this loan when due; (g) that you are not currently a debtor under any proceeding in bankruptcy and that you have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code.

AGREEMENT TO ARBITRATE:PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at [URL="tel:%28877%29%20636-1353"](877) 636-1353[/URL]. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, we each agree to resolve those disputes through binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Both you and we agree that any arbitrated claim, dispute, or controversy between you and us or our agents, services, or assigns including the validity of this agreement as well as claims alleging fraud or misrepresentation arise under a transaction involving the Indian Commerce Clause of the United States Constitution and associated federal laws regarding economic development in Indian Country and the laws of the Otoe-Missouria Tribe of Indians. As such, any arbitration decision may only be enforced in tribal court per the provisions of tribal law. Both you and we consent to the jurisdiction and authority of the tribal court solely for the purposes of set for in this Agreement.
APPLICABLE LAW AND JUDICIAL REVIEW: The arbitrator will apply the laws of the Otoe-Missouria Tribal Nation and the terms of this Agreement, including the Agreement to Arbitrate. The arbitrator must apply the terms of this Agreement to Arbitrate, including without limitation the waiver of class-wide arbitration. The arbitrator will make written findings and the arbitrator's award may be filed with the tribal court.
CLASS-WIDE WAIVER: Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you agree to waive your right to participate in any class action against us.
ARBITRATION TERMS: American Web Loan, Inc., and you agree to arbitrate all disputes and claims between us. This Agreement to Arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  
• Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising)
  
• Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  
• Claims that may arise after the termination of this Agreement.
  

You agree that, by entering into this Agreement, you and American Web Loan, Inc., are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by email, a Notice of Dispute (Notice). You must send the Notice to American Web Loan at[EMAIL="customerservice@americanwebloan.com"]customerservice@Americanwebloan.com[/EMAIL]. The Notice must (a) have the Subject Heading "Notice of Dispute;" (b) describe the nature and basis of the claim or dispute; and (c) set for the specific relief sought (Demand). If American Web Loan and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or American Web Loan may commence an arbitration proceeding. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association, JAMS. or an arbitration organization agreed upon by you and us. The arbitration will be governed by the chosen arbitration organization's rules and procedures applicable to consumer disputes, to the extent that those rules and procedures do not contradict either the law of the Otoe-Missouria Tribe of Indians or the express terms of this Agreement to Arbitrate. During the arbitration, the amount of any settlement offer made by American Web Loan, Inc., or you, shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or American Web Loan, Inc., is entitled.
After American Web Loan receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the laws of the Otoe-Missouria Tribe of Indians. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to prove relief warranted by that party's individual claim. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
RIGHT TO OPT OUT: If you do not wish your account to be subject to this Agreement to Arbitrate, you must advise us in writing via email at [EMAIL="customerservice@americanwebloan.com"]customerservice@americanwebloan.com[/EMAIL]. You must clearly type your name and account number and state that you reject arbitration. You must give written notice; it is not sufficient to telephone us. We must receive your email within sixty (60) days after the date your loan funds or your rejection of arbitration will not be effective. In the event you opt out of this Agreement to Arbitrate, any disputes hereunder shall nonetheless be governed under the laws of the Otoe-Missouria Tribe of Indians.
COST OF ARBITRATION: We will pay the filing fee and any costs or fees charged by the arbitrator regardless of which party initiates the arbitration. Except where otherwise provided by the law of the Otoe-Missouria Tribe of Indians, each party will be responsible for its own attorneys' fees and other expenses. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.

ACKNOWLEDGEMENT AND CERTIFICATION: By electronically signing and submitting the application form, you understand and agree to all terms and conditions of this Agreement, including specifically the authorization to withdrawal and deposit to and from your Account as described in this Agreement. By submitting the online information application via the Internet, you are applying for a loan and you certify that the information provided is true and correct and that you have the ability to print or retain a completed copy of this Agreement. You understand that we reserve the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of a due diligence review and verification of you, the information submitted by you, and your creditworthiness. If you do not understand this contract for any reason you may contact us at [URL="tel:%28877%29%20636-1353"](877) 636-1353[/URL] or[EMAIL="customerservice@americanwebloan.com"]customerservice@americanwebloan.com[/EMAIL][EMAIL="customerservice@americanwebloan.com"].[/EMAIL]By signing below, you also consent to the dispute resolution provision including the provision consenting and limiting disputes to tribal law and courts and the provision not to bring, join or participate in any class action. You also acknowledge receipt of the Privacy Policy. By signing below, you authorize us to share information in your Application and with regard to the processing, funding, servicing, repayment and collection of your loan. (This Application will be deemed incomplete and will not be processed by us unless signed by you below.)

GOVERNING LAW: You understand and agree that this Agreement is governed only by the laws of the Otoe-Missouria Tribe of Indians and such federal law as is applicable under the Indian Commerce Clause of the United States Constitution. We operate solely in the Indian Country of the Otoe-Missouria Tribe of Indians and have no operations in any state. As such, neither we nor this Agreement are subject to any other federal or state law or regulation, unless so stated in this Agreement.

FUNDING OPTIONS: You have the option to receive your funding via ACH credit within 1-2 business days, via wire transfer the same day for an additional processing fee of ten dollars ($10.00), or by check through standard postal mail service within seven (7) to ten (10) business days.

• ACH CREDIT: No additional fee is charged if you choose to receive your funding via ACH credit, however, there may be delay in the receipt of your funds of 1-2 business days.
  
• WIRE TRANSFER: You can choose to receive your funding via wire transfer to your checking account the same business day as your loan approval for an additional processing fee of ten dollars ($10.00). By choosing this funding option, you hereby agree to incur the additional processing fee of ten dollars ($10.00) for the wire transfer. The ten dollar ($10.00) processing fee will be deducted from the initial funding amount and is not included as part of the finance charge. Therefore, if you choose the same day wire transfer and your loan amount is six hundred dollars ($600.00), your net funding amount will be five hundred ninety dollars ($590.00). Additionally, you will be responsible for any additional fees incurred from your financial institution for receiving a wire transfer.
  
• CHECK: You can choose to receive your funding by check and delivered by regular mail through the United States Postal System. You should allow 7 to 10 days for delivery of the Loan proceeds, and be aware applicable fees begin accruing on the date Lender issues the check for the Loan proceeds.
  

SHORT TERM LOANS PROVIDE THE CASH NEEDED TO MEET IMMEDIATE SHORT-TERM CASH FLOW PROBLEMS. THEY ARE NOT A SOLUTION FOR LONGER TERM FINANCIAL PROBLEMS FOR WHICH OTHER KINDS OF FINANCING MAY BE MORE APPROPRIATE. YOU MAY WISH TO DISCUSS YOUR FINANCIAL SITUATION WITH A NONPROFIT FINANCIAL COUNSELING SERVICE OR OTHER ADVISOR.
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