EXHIBIT 10.3
[LOGO] AMERIFIRST FUNDING GROUP, INC.
VIATICAL SETTLEMENT CONTRACT AND ESCROW AGREEMENT
BETWEEN
AMERIFIRST FUNDING GROUP, INC.
AND
This AGREEMENT is made and entered into this _____ day of ________ in the year 20___ by and between AmeriFirst Funding Group, Inc. ("Funding Group"), AmeriFirst Fund I, LLC, ("The Fund") and _____________.
WITNESSETH
WHEREAS, AmeriFirst Funding Group, Inc., desires to purchase from ___________a certain life insurance policy on the life of ________________ issued by _______________________________________ (Insurance Co.) with the policy number_______________ (the "Policy") for the sum of $____________________ (the "Purchase Price"); and
WHEREAS, the parties desire for Funding Group to hold the funds representing the Purchase Price in escrow, on the terms and conditions hereinafter set forth;
NOW, THEREFORE in consideration of the mutual covenants and agreements hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
1. Simultaneously with the execution of this agreement, Viator shall deliver to AmeriFirst Funding Group, Inc., its nominees and/or assigns an irrevocable assignment of the policy in favor of The Fund. Escrow Agent shall hold the policy and funds representing the Purchase Price in accordance with the terms of this Agreement.
2. Upon receipt of the assignment of the policy in favor of The Fund, AmeriFirst Funding Group, Inc. shall forward such assignment to the insurance carrier who issued the policy, and shall request from such insurance carrier an acceptance of the assignment of the policy. Upon receipt of such acceptance of assignment, Funding Group shall authorize the Escrow Agent to deliver the funds, representing the Purchase Price, to Viator within _______ business days. Failure to transfer the funds within _______ business days renders the viatical settlement contract and the transfer, assignment, bequest, or sale voidable.
3. In the event The Fund does not receive an acceptance of Assignment from the insurance carrier within thirty (30) days after the date of this Agreement, AmeriFirst
Funding Group, Inc. shall give written notice of such fact to Viator. Thereafter, AmeriFirst Funding Group, Inc. shall contact the insurance carrier and attempt to make arrangements to obtain an acceptance of the assignment of the policy from the insurance carrier. In the event such acceptance cannot be obtained within a reasonable time, AmeriFirst Funding Group, Inc. shall redeliver the Assignment of the Policy in favor of the Viator.
4. The Viator has the unconditional and absolute right to cancel and rescind the viatical settlement contract at any time prior to the full payment of the proceeds. Additionally, the Viator may cancel and r ...
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