electronic disclosure form

1.    Your Consent To Do Business Electronically (the “eDisclosure Consent”). The purpose of this eDisclosure Consent is to obtain your consent to receive from Overture in electronic form rather than in paper form all disclosures, notices, and records, including disclosures, notices and records the Company is obligated by law or regulation to deliver to you and any other information we provide to you (collectively, “Disclosures”).  If you consent by clicking the “I Agree” / “Continue” button, the Company will make Disclosures available to you electronically, instead of providing them to you in paper form.   For purposes of this eDisclosure Consent, “you” and “your” mean the person submitting the inquiry to the Overture site or any prospective Co-Borrower, and “we”, “our” and “us” means Overture.

2.    Scope of Consent: You agree to receive Disclosures in electronic form relating to the submission and loan inquiry you provide to Overture.

3.    Electronic Delivery: We may provide Disclosures to you electronically by e-mail (or a link set forth in an e-mail), online posting at an online location designated by us, or Portable Document Format (“PDF”) files such as Adobe Acrobat Reader®.

4.    Notices From You Are Not Covered: Applicable law or contracts sometimes require you to give us “written” notices, and your consent does not relate to those items.

5.    No Withdrawal of Consent: Because we will provide some electronic Disclosures to you almost instantaneously, once you have given us your consent to do business with us electronically, you will not be able to withdraw your consent relating to Disclosures we provided to you pursuant to that consent.  If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Disclosures and communications to you will not be affected.

6.    Hardware and Software Requirements: In order to receive, access and retain Disclosures from us electronically, you will need the following computer software and hardware:

(a)    A computer with Internet access via a supported Internet browser and an Internet email account and address.

(b)    The ability to view the Disclosures on your monitor.

(c)    An Internet browser using 128-bit encryption or higher (Microsoft Internet Explorer® 4.0 or higher or Netscape Communicator® or Navigator® 4.06 or higher).

(d)    Adobe® Acrobat® 5.0 or higher.  If you do not have Adobe® Acrobat® 5.0 or higher, Adobe® Reader® software is available for FREE in various languages, as well as operating systems including Windows, Macintosh, and Linux. Documentation for installation and operating requirements can be found on the Adobe® site: http://www.adobe.com/products/acrobat/acrrsystemreqs.html#80win

(e)    SSL encryption.

(f)    Access to a printer that is capable of printing information displayed on your monitor, or the ability to save or download files on a storage device for later reference, in order to keep copies of Your Disclosures for Your records.

7.    If you do not have the required software and/or hardware, or if you do not wish to receive Disclosures electronically from us for any other reason, you should not make a submission to the Overture system.  Do not click “I Accept” if you do not agree to all the terms in this document.

8.    Overture is not responsible for any non-receipt of notifications or electronic Disclosures due to: (i) your email address on file being invalid, (ii) if your email or Internet service provider filters the notification as “spam” or “junk mail”   (iii) there is a malfunction in your computer, browser, Internet service and/or software; or (iv) for other reasons beyond our control.

9.   YOUR ABILITY TO  ACCESS DISCLOSURES. BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE, AND THAT THE COMPUTER(S) YOU ARE USING NOW AND WILL LATER USE MEET THE SYSTEM REQUIREMENTS DESCRIBED ABOVE.  YOU ALSO ACKNOWLEDGE THAT YOU HAVE BEEN ABLE TO READ THIS AGREEMENT USING YOUR COMPUTER AND SOFTWARE; YOU HAVE SUCCESSFULLY PRINTED OR DOWNLOADED A COPY OF THIS AGREEMENT; YOU HAVE ACCESS TO AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER; AND YOU ARE ABLE TO SEND AND RECEIVE E-MAIL.

10.    CONSENT. BY CLICKING THE “I AGREE” BUTTON BEFORE SELECTING “CONTINUE” YOU CONSENT TO HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.

11.    PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS