DPA

BUYERS ASSISTANCE FUNDING REQUEST Amount Requested: $__________ Process Fee: Wire Fee: TOTAL FEE: + __________ + __________ $__________ Commercial _____ Residential ______ Estimated Closing Date ___________ Contract Sales Price: ____________ Appraised Value: ___________________ Subject Property Address: ________________________________________________________________________ Seller Name: _______________________________ Home No. _________________ Daytime No.______________ Current Address: _______________________________________________________________________________ Borrower Name: ____________________________ Home No. _________________ Daytime No. ______________ Current Address: _______________________________________________________________________________ Loan Officer: ____________________________ Mtg. Company ________________________________________ Address: ______________________________________________________________________________________ Phone: ___________________ Cell: ___________________ Email: ____________________________________ Realtor Name: __________________________ Cell No. ______________ Email: _________________________ Closing Agent/Attorney Contact: ________________ Company Name: ___________________________________ Address: _________________________________________ Phone: _________________ Fax: _______________ The following documents are to be faxed or emailed in the following order: Notarized Buyer Agreement signed by all Borrowers Notarized Seller Agreement signed by all Sellers Copy of Purchase and Sales Agreement signed by all parties Copy of Appraisal (Emailed) Copy of Settlement Statement NOTE: Additional documentation may be required. Incomplete packages will not be considered for funding. 8022 S. Memorial Dr Suite 200 - Tulsa, OK 74133 - 888-901-5715 - FAX 918-254-8751 10.09.07 PROMISSORY NOTE [$ ] ____________, 2008 FOR VALUE RECEIVED, the undersigned, _____________________________________ (“Borrower”), hereby unconditionally promises to pay to the order of BUYERS ASSISTANCE, LLC., an Oklahoma limited liability company, or its assignees or designees (“Lender”) with an address of 8022 South Memorial Suite 200, Tulsa, Oklahoma, 74133 in immediately available funds, in lawful money of the United States of America, at said address, or at such other place as the holder of this Promissory Note (this “Note”) may from time to time designate, the principal sum of _______________________________________ ($____________)together with interest, if any, upon the unpaid principal amount hereof as provided in this Note. These funds are to be used for the sole purpose of purchasing subject real estate and for no other use. Borrower shall pay the principal indebtedness evidenced hereby upon the sooner to occur of (“Maturity”): on ______________________________________________________; or upon the successful closing of the purchase and sale of certain real property with an address of ____________________________________________________________________________________; or on demand by Lender. Borrower further promises to pay interest on the unpaid principal amount hereof following the occurrence of a Default (as defined below) at the per annum rate equal to Ten Percent (10%) over and above the prime rate as published from time to time in The Wall Street Journal (which rate shall fluctuate as and when said prime rate shall change). Interest shall be calculated based upon a year of 360 days and the actual number of days elapsed. Borrower shall have the right to prepay, without penalty or premium, all or any part of this Note at any time. All payments or prepayment received on this Note shall be applied first to the payment of interest and only thereafter to the outstanding principal balance hereof. In no contingency or event whatsoever shall interest charged hereunder, however such interest may be characterized or computed, exceed the highest rate permissible under any law. In the event that such a court determines that Lender has received interest hereunder in excess of the highest rate applicable hereto, Lender shall promptly apply to such excess amount to the unpaid principal balance or, to the extent no such balance exists, refund such excess interest to Borrower. Without limiting the right of the Lender to demand payment of this Note at any time, upon the occurrence of any Default, Lender may declare this Note and all or any portion of the indebtedness evidenced by this Note immediately due and payable without notice or demand. The following events shall constitute a default under this Note (each a “Default”): (a) Borrower shall fail to pay any indebtedness or any other amount evidenced in this Note when such indebtedness or amount is due or declared to be due; (b) any representation or warranty made by Borrower or any other person shall not be true and correct in any material respect when made; (c) Borrower shall breach or be in default of any agreement or obligation in favor of Lender. Borrower hereby waives notice of intent to accelerate, and of acceleration of, this Note, presentment, demand, protest, notice of demand, notice of nonpayment and notice of protest. All remedies afforded to Lender by law shall be cumulative. No delay by or omission of Lender to exercise any right or power under this Note shall impair such right or power to be construed to be a waiver Whenever possible each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. Whenever in this Note reference is made to Lender or Borrower, such reference shall be deemed to include, a reference to their respective heirs, legal representatives, successors and assigns. The provisions of this Note shall be binding upon Borrower and Borrower’s heirs, legal representatives, successors and 1 assigns and shall inure to the benefit of Lender and Lender’s heirs, legal representatives, successors and assigns. Borrower shall pay all costs and expenses associated with the preparation of this Note and all documentary stamp taxes, intangible taxes, and other similar taxes imposed or required to be paid on account of the existence of this Note upon demand by Lender. Borrower also shall pay to Lender on demand all reasonable attorneys’ fees, legal expenses and other costs and expenses incurred by Lender in connection with enforcing or otherwise collecting the indebtedness evidenced by this Note, or in connection with any Default. This Note shall be interpreted and the rights and liabilities of the parties hereto determined in accordance with the internal laws (as opposed to conflicts of law provisions) of the State of Oklahoma. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER MAKING THE LOANS EVIDENCED BY THIS NOTE. TO INDUCE LENDER TO ACCEPT THIS NOTE, BORROWER AGREES THAT ANY DISPUTE BASED ON OR ARISING UNDER OR IN ANY WAY OUT OF THIS NOTE SHALL BE LITIGATED BY BORROWER ONLY IN THE STATE COURTS LOCATED IN TULSA COUNTY, OKLAHOMA. BORROWER IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURTS, AND WAIVES ANY OBJECTION IT MAY HAVE CONCERNING THE VENUE OR CONVENIENCE OF SUCH FORUMS. NOTWITHSTANDING THE FOREGOING, HOWEVER, LENDER MAY COMMENCE, BRING OR PURSUE LITIGATION OR BRING ANY OTHER ACTION ARISING OUT OF THIS NOTE OR ENFORCE ANY JUDGMENT OBTAINED AGAINST BORROWER IN ANY COURT HAVING PROPER JURISDICTION. WHEREOF, Borrower has duly executed this Note. __________________________________________ Print Name: ________________________________ __________________________________________ Print Name: ________________________________ Acknowledgment STATE OF COUNTY OF ) ) ) Before me, the undersigned, a Notary Public in and for said County and State on this ___ day of __________, 2008, personally appeared __________________________________________ who are personally known to me or produced the following identification _____________________________, and executed the above Promissory Note. Witness my hand and official seal this ___ day of _______________, 2008. (SEAL) Notary Public My commission expires: 2 BUYERS ASSISTANCE DELEGATION OF DUTY TO PAY NOTE The undersigned Seller (“Seller”) and the undersigned Buyer (“Buyer”), collectively referred to herein as the “Parties,” enter into this Delegation of Duty to Pay Promissory Note (“Agreement”) for good and valuable consideration, the receipt of which is acknowledged by the Parties. The Seller hereby agrees to undertake the duty of the Buyer to pay and satisfy the amount loaned to and owed by Buyer to Buyer’s Assistance, L.L.C., for the principal loan balance, and related interest and fees thereon in the total amount of $___________________ (“Amount Due”). The loan was made to assist Buyer with the purchase of property located at ____________________________________ City:_________________________ State:____ Zip:___________ (“Property”) and for no other purpose. The obligation of Buyer to Buyer’s Assistance, undertaken by Seller hereunder, is to pay the Amount Due from the proceeds of, and upon the closing, funding, payment and/or settlement (“Closing”) of the of the Property sale. The Parties further agree to instruct the escrow and/or closing agent, by whatever and any means required by said agent, to pay the Amount Due in good funds to Buyer’s Assistance, L.L.C. from the proceeds due Seller at the Closing. Title closing will take place at ______________________________ City: ___________ State: ___ This Agreement is subject to and to be construed by the laws of the State of Oklahoma. In the event Seller, for any reason, fails to pay the Amount Due when due hereunder, then Seller is in default of this Agreement, and shall owe and pay to Buyer’s-Assistance all expenses actually incurred by it in its efforts to collect the Amount Due, including reasonable attorney fees and court costs. In the event any lawsuit is brought regarding this Agreement, the venue for all such lawsuits shall be in Tulsa County, Tulsa, OK. Seller hereby waives any objections to this venue. The Seller(s) understands he is not obligated to pay Buyers Assistance if the prospective purchaser fails to close on the subject property. It is further agreed that no changes, alterations, or cancellations to this agreement can be made unless written permission is obtained from Buyers Assistance. Dated and effective, this ____day of ____________________, 200___ _________________________________________”Seller” __________________________________________”Buyer” Print Seller’s Name Print Buyer’s Name _____________________________________________ Authorized Seller’s Signature Seller's Datime Number: ________________________ Social Security No. ____________________________ ______________________________________________ Authorized Buyer’s Signature Buyer's Daytime Number: _____________________________ Social Security No. __________________________________ Before me, the undersigned a Notary Public, in and for ______________________ County/Parish and State of ______________________ this _____ day of _____________, 20____, personally appeared _______________________________ to me known to be the identical person(s) who executed the within and foregoing instrument, acknowledged to me that he/she/they executed the same as a free and voluntary act and deed, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my official seal the day and year last above written. Notary Seal Notary Signature:____________________________ Date:________ 8022 S. Memorial Dr Suite 200 - Tulsa, OK 74133 - 888-901-5715 - FAX 918-254-8751 10.09.07 BUYERS ASSISTANCE DISBURSEMENT ORDER For Closing Agent/Escrow Officer Use Only To whom it May Concern, You are hereby instructed to disburse payment of $_________________________ to Bank of Oklahoma: ABA # 103900036 Account # 804179452 These funds are to be immediately wire transferred after closing and settlement are complete. It is further agreed that no changes, alterations, or cancellations to this order can be made unless written permission is obtained. ___________________________________________ ________________________ ________ _______________ Property Address Sold City State Zip _________________________________________ ______________________________________ ___________ Seller Signature Date _________________________________________ ______________________________________ ___________ Seller Signature Date I acknowledge receipt of this disbursement order and shall comply with all instructions herein. ________________________________________________________ _______________________ ___________ Escrow Officer/Title Company Signature Date _________________________________________ __________________________ _________ ____________ Closing Address City State Zip __________________________________________ Phone ______________________________________________ Fax (Office Use Only) Confirmation ____________________________________________________________ Date ______________ 8022 S. Memorial Dr Suite 200 - Tulsa, OK 74133 - 888-901-5715 - FAX 918-254-8751 10.09.07 BUYERS FUNDING LLC DELEGATION OF DUTY AND ASSUMPTION TO PAY NOTE The undersigned Seller (“Seller”) and the undersigned Buyer (“Buyer”), collectively referred to herein as the “Parties,” enter into this Delegation of Duty to Pay Promissory Note (“Agreement”) for good and valuable consideration, the receipt of which is acknowledged by the Parties. The Seller hereby agrees to undertake and hereby assumes the duties of the Buyer under a certain promissory note dated _______________ and to pay said note pursuant to the terms contained therein and satisfy the amount loaned to and owed by Buyer to Buyer’s Assistance, L.L.C., for the principal loan balance, and related interest and fees thereon in the total amount of $___________________ (“Amount Due”). The loan was made to assist Buyer with the purchase of property located at ____________________________________ City:_________________________ State:____ Zip:___________ (“Property”) and for no other purpose. The obligation of Buyer to Buyer’s Assistance, undertaken by Seller hereunder, is to pay the Amount Due from the proceeds of, and upon the closing, funding, payment and/or settlement (“Closing”) of the of the Property sale. The Parties further agree to instruct the escrow and/or closing agent, by whatever and any means required by said agent, to pay the Amount Due in good funds to Buyer’s Assistance, L.L.C. from the proceeds due Seller at the Closing. Title closing will take place at ______________________________ City: ___________ State: ___ This Agreement is subject to and to be construed by the laws of the State of Oklahoma. In the event Seller, for any reason, fails to pay the Amount Due when due hereunder, then Seller is in default of this Agreement, and shall owe and pay to Buyer’s-Assistance all expenses actually incurred by it in its efforts to collect the Amount Due, including reasonable attorney fees and court costs. In the event any lawsuit is brought regarding this Agreement, the venue for all such lawsuits shall be in Tulsa County, Tulsa, OK. Seller hereby waives any objections to this venue. This Assumption is expressly conditioned upon the successfully closing of Subject property. The Seller(s) understands he is not obligated to pay Buyers Assistance if the prospective purchaser fails to close on the subject property. It is further agreed that no changes, alterations, or cancellations to this agreement can be made unless written permission is obtained from Buyers Assistance. Dated and effective, this ____day of ____________________, 200___ Buyer’s Name: _________________________________ Print Seller’s Name Seller’s Name: _________________________________ Print Buyer’s Name _____________________________________________ Buyer’s Signature Buyer’s Social Security No. ______________________ ______________________________________________ Seller’s Signature Seller’s Social Security No. _______________________ Before me, the undersigned a Notary Public, in and for ______________________ County/Parish and State of ______________________ this _____ day of _____________, 20____, personally appeared _______________________________ to me known to be the identical person(s) who executed the within and foregoing instrument, acknowledged to me that he/she/they executed the same as a free and voluntary act and deed, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my official seal the day and year last above written. Notary Signature:____________________________ Date:________ Notary Seal 8022 S. Memorial -Suite 200 - Tulsa, OK 74133 - 888-901-5715 - FAX 918-254-8751 3.12.07 BUYERS FUNDING LLC Escrow Disbursement Order and Agreement Thank you for agreeing to act as escrow agent for this transaction on our behalf. According to our agreement you are hereby instructed and agree to disburse to our account by FedWire Transfer in immediately available US Funds as follows: The amount of $____________________________ BANK OF OKLAHOMA: ABA# 103900036 Account # 804179452 Said funds are to be immediately disbursed upon closing and settlement of the purchase and sale of the following described property: _______________________________________________________________________________ (Address) (City) (State) (Zip) If said closing does not occur on or before 5:00pm on _______________________, you agree to immediately return any and all funds forwarded to you by us and being held by you, without any further direction or release from Seller or Buyer being necessary or required. Further, you agree to immediately return any and all funds forwarded to you by us and being held by you at anytime upon written direction from us, without any further direction or release from Seller or Buyer being necessary or required, regardless of weather a Closing has occurred or not. Buyer and Seller’s execution below is their acknowledgment and direction to you to return said funds if the Closing does not occur by said date and time or upon our written demand therefore. It is further agreed that no changes, alterations, or cancellations to this order can be made unless written authorization is obtained from us. Buyer’s Name: _______________________________ _________________________________ _________________ (Print) (Signature) (Date) Seller’s Name: _______________________________ _________________________________ _________________ (Print) (Signature) (Date) I acknowledge receipt of this disbursement order and shall comply with all instructions herein. _______________________________________________________ __________________________ __________ Escrow Officer/Title Company Signature Date _________________________________________ _________________________ ___________ ____________ Closing Address City State Zip __________________________________________ Phone ________________________________________________ Fax 8022 S. Memorial -Suite 200 - Tulsa, OK 74133 - 888-901-5715 - FAX 918-254-8751 3.12.07