DAVID AND INEZ MYERS FOUNDATION SCHOLARSHIP PROMISSORY NOTE I. Application The student has completed an application for the David and Inez Myers Foundation Scholarship ( Application ), which includes the terms and conditions of the David and Inez Myers Foundation Scholarship ( Scholarship ). is a Medical Student at Northeast Ohio Medical University, College of Medicine ( Student ). Student understands that by submitting that Application, and signing the Promissory Note herein that he/she is agreeing to the terms and conditions of the Scholarship and the Note outlined below. Student has been advised to carefully consider the terms and conditions set forth herein. Student has further been advised to seek appropriate guidance and necessary consultation prior to signing the Application and Note herein. II. Terms and Conditions of Scholarship 2.01. Student hereby agrees that if the Scholarship is awarded to him/her, that he/she will adhere to the following terms and conditions: 2.01.1. Student will at all times maintain satisfactory academic progress as determined the Committee on Academic and Professional Progress (CAPP) or such other faculty body as may be charged with such determinations; 2.01.2. Student will at all times maintain a record that is free of all disciplinary and honor code violations; 2.01.3. Student must complete the medical school curriculum within six years; years do not have to be consecutive (i.e. Student may pursue another degree during medical school such as a master s in public health or a doctorate degree). If anticipated graduation alters and is not within six years after initial enrollment, the scholarship will cease during times of repeated coursework, leave of absence, or coursework external to the medical school curriculum; 2.01.4. Upon completion of his or her medical residency and/or/fellowship following graduation, the student hereby commits to practice as a physician full time and provide medical services in an under-served urban community (as defined by the Health Resources and Services Administration) in Northeast Ohio (Ashtabula, Cuyahoga, Columbiana, Geauga, Lake, Lorain, Mahoning, Medina, Portage, Stark, Summit, Trumbull, or Wayne County) in the area of primary care (family medicine, internal medicine, pediatrics, obstetrics and gynecology, and psychiatry) for a period of one year for every year of scholarship awarded after the completion of Residency. Student who receives the full four years of funding will have a four-year service commitment. This is known as the Post-Residency Employment Obligation ; 1
2.01.5. Student will confirm continued interest to practice in primary and/or specialty care in an under-served urban community in Northeast Ohio by signing an annual promissory note; and 2.01.6. Student will keep the Northeast Ohio Medical University apprised of his/her current address and contact information at all times throughout the period of his/her undergraduate Medical Education, Residency Training, and throughout the Post- Residency Employment Obligation period. 2.02. Scholarship funds may only be used for the payment of qualified educational expenses as defined in the Internal Revenue Code of 1986, as may be amended from time to time. These include tuition, fees, and course related equipment and books. 2.03. In the event Student fails to fulfill his/her Post-Residency Employment Obligation as set forth above ( Conversion Event ), the Scholarship shall immediately convert to a loan as defined under Section 221(d)(1) of the Internal Revenue Code, or other such section as may be applicable to such loans. As a result, said loan shall be deemed to be non-dischargeable under 11 USC 523(a) (8). 2.03.1. If the Conversion Event is the failure to maintain satisfactory academic progress, disciplinary violation or honor code violation, then date of default shall begin the first day of the month following Student s notification from the University of such failure, or in the case of disciplinary violation or honor code violation, the date of final decision by the body or bodies charged with the review and disposition of such matters; 2.03.2. If the Conversion Event is the failure to meet the Post-Residency Employment Obligation, the date of default shall be the date on which the Northeast Ohio Medical University has reasonable proof of the Student s failure to perform; and 2.03.3. Repayment of the loan shall be made over a period of sixty (60) months with interest compounding monthly using the Prime Rate published in the Wall Street Journal on the date of default. If the student is subject to multiple loan obligations as a result of receiving multiple Scholarships, the terms and conditions of repayment shall be set forth in a separate repayment schedule as set forth by the University. III. The Note 3.01. THIS PORTION OF THIS DOCUMENT EMBODIES A PROMISE TO PAY IF THE CONDITIONS OF THE SCHOLARSHIP ARE NOT MET. 3.02. If Student receives funds from the Scholarship Program, maintains satisfactory academic progress and a record free of disciplinary and honor code violations, keeps the University apprised of his/her current address and contact information and completes the Post- 2
Residency Employment Obligation as set forth above, the Student has no repayment obligation under the terms of this Note. 3.03. Student understands that this is a Promissory Note, which will obligated him/her to repay scholarship funds received if he/she does not meet the terms and conditions of the scholarship as set forth above. Student further realizes that his/her failure to fulfill the Post-Residency Employment Obligation, to maintain satisfactory academic progress or to maintain a record free of disciplinary or honor code violations, will immediately convert any funds received into an interest bearing loan. 3.04. Therefore, Student must meet the terms and conditions of the Scholarship set forth above or the Student must re-pay the entire amount of the Scholarship funds awarded, plus interest and, if applicable, reasonable collection and attorney fees as if it were a loan. In circumstances of repayment, the entire Scholarship amount is due and payable and the University will not prorate portions of the Scholarship funds awarded based on partial performance under this Note. The University will establish a loan repayment schedule and designate the accompanying interest rate in that repayment schedule at the time of default. 3.05. Student also understands that he/she may cancel this Scholarship award, without any cost, by returning all proceeds that were issued for the Student s benefit provided that the proceeds are returned prior to the end of the academic year in which they were received. 3.06. Student understands that this debt is not dischargeable in bankruptcy and that this debt may not be consolidated with any other debt obligation owed to the University or to the state government. 3.07. Student will receive an initial nine-month grace period following the date of default before the initial loan payment must be made. Interest will not accrue during this time. Requests to postpone repayment beyond the initial grace period shall be considered only under the deferment or forbearance provisions set forth in this Note. 3.08. Student has the ability to request a deferment of payment toward the principal or interest accruing from this Note if he/she: (a) serves on active duty as a member of a uniformed service of the United States, for up to three years; (b) serves as a volunteer under the Peace Corps Act, for up to three years; or (c) pursues advanced professional training in primary care, including internships and residencies. 3
3.09. Student may request forbearance by submitting a properly documented written request to the University evidencing that his or her monthly loan debt equals or exceeds 20 percent of his or her total monthly gross income or that Student has been actively seeking, but has not received, full-time employment in Northeast Ohio in the primary care field. The University may also consider other issues related to health, family circumstances or military service as a proper basis for forbearance. Student can request forbearance for up to twelve (12) months. The forbearance period is renewable shall not exceed thirtysix (36) months in total. Interest will continue to accrue during any period of forbearance. Unemployment related forbearance shall cease two (2) months after Student obtains fulltime employment. 3.10. If Student fails to make an installment payment when due, having not first obtained a deferment or forbearance of the obligation, Student will be considered in default on the Note. The University reserves the right to require the entire unpaid balance of the debt, including interest due and accrued and any applicable penalty charges, immediately due and payable. 3.11. Student may, at his or her option and without penalty, prepay all or any part of the principal and accrued interest at any time. 3.12. The University may assess a late penalty charge upon Student s failure to pay all or any part of any monthly installment, or for failure to file satisfactory evidence of entitlement to deferment. 3.13. The University may disclose the Student s loan, and any other relevant information, to credit bureaus. If the Student is more than 120 days past due in making a scheduled repayment, the University may disclose the Student s delinquent status, and any other relevant information, to credit bureaus. 3.14. If Student fails to make a scheduled repayment, apply for deferment or forbearance, or fails to comply with any other term of this Promissory Note, the University may: (a) refer the Student s loan to a collection agent for further collection efforts; (b) initiate legal proceedings against Student; (c) withhold services, such as transcripts and letters of recommendation, from Student; and (d) use whatever means necessary to obtain Student's address if the University is not in receipt of a current address for the Student. 3.15. In the event Student suffers total and permanent disability or death, the unpaid indebtedness remaining on the Note shall be canceled. 4
BEFORE SIGNING THIS APPLICATION AND NOTE THE APPLICANT SHOULD READ THE INFORMATION SET FORTH ABOVE AND CONSIDER THE MATTER CAREFULLY. BY SIGNING THIS APPLICATION AND NOTE THE APPLICANT CERTIFIES THAT HE/SHE HAS READ THIS DOCUMENT, UNDERSTANDS ITS TERMS AND CONDITIONS AND AGREES TO BE BOUND THEREBY. Applicant/Student Signature Date STATE OF OHIO } } SS: COUNTY OF PORTAGE } Signed and sworn to before me, a duly authorized Notary Public in and for the State of Ohio on this day of,. Notary Public (seal) 5