UNSECURED PROMISSORY NOTE PURCHASE PROCESS Having established your Vantage Self-Directed IRA and funded your account, below is a high level flowchart to assist you in the transaction process of investing in an Unsecured Promissory Note. Please refer to our Unsecured Promissory Note Investment Purchase Checklist or contact us for step-by-step instructions. Submit A Buy Direction Letter And Promissory Note Vantage Will Fund Your Transaction The Promissory Note must be signed by you and the Borrower A Promissory Note Indemnity Disclaimer must be provided to Vantage Vantage will send the funds to the Borrower The original Promissory Note will be held at Vantage for safekeeping The Promissory Note must be original; Vantage cannot accept a fax or email version VantageIRAs.com Rev.12/27/12
UNSECURED PROMISSORY NOTE INVESTMENT PURCHASE CHECKLIST To better serve you, below please find a list of the documents needed prior to funding for an Unsecured Promissory Note investment. NOTE: All documents must be received in good order at least two (2) business days prior to funding. Documents received after 2pm will be considered as received the next business day. Submit the following to Vantage Retirement Plans: Secured and Unsecured Note Buy Direction Letter The following sections under Unsecured Notes must be completed to purchase the asset: Account Holder Information (Use your Vantage account number and name as it appears on your account) Borrower s Information Asset Description Transaction Fees Delivery Instructions Signature and Date EIN # or SSN # of Payor Maturity Date of Note Amortization Schedule (if available) Promissory Note Indemnity Disclaimer - All of the following sections must be completed: Name (As it appears on your Vantage account application) Account Number (Use your Vantage account number) Name of Borrower Signature and Date ORIGINAL Promissory Note Lender to be vested as: Vantage FBO YOUR NAME (Trad, Roth, Sep) IRA# Address: 20860 N. Tatum Blvd., Ste 240, Phoenix, AZ 85050 Read and Approved (You as the IRA Account Holder must sign the signature line prior to submitting for processing) Maturity Date of Note Amortization Schedule (if available) * Cannot accept copy via email or fax* Documents submitted to Vantage Retirement Plans: By Mail: Vantage Retirement Plans, LLC 20860 N. Tatum Blvd., Ste 240 Phoenix, AZ 85050 VantageIRAs.com Rev.2/25/13
Buy Direction Letter Secured or Unsecured Note Date Stamp (Office use only) This is a fillable PDF form. To complete the form, click in an area and type. Account Owner Information ( As it appears on your account application) Legal Name: Vantage Account #: First, Middle, Last I HEREBY AUTHORIZE AND DIRECT ADMINISTRATOR TO BUY THE BELOW ASSET FOR MY ACCOUNT: Secured Note Asset Description or Property Address (Describe the asset here. Provide the full physical address which appears on the current deed or tax records (if purchasing real estate notes) or a detailed description of the security Buy existing note New note Carry back from a real estate sale Note Secured By: Deed of Trust Other: Borrower(s) Name(s): (If more than one borrower, include all names.) Borrower s Address: (Address where payment coupons/borrower notices are to be sent.) Telephone: (Borrower s telephone number.) Your Percentage of Ownership of the Note: Social Security or EIN Number: Dollar Amount to be Funded: $ Note Amount: $ (Face amount of Note) % Maturity Date: Principal Balance: $ Amortization Schedule: Yes No (For existing note) (If Yes, please attach a copy) Loan Servicer s Name: (If Applicable) Vantage is not a Loan Servicer Loan Servicer s Address: Escrow/Title Co./Attorney(s) (Entity(ies) responsible for closing the transaction between account and the Buyer. If multiple entities, please include all names, phones, and fax numbers.) Unsecured Note Buy existing note New note Carry back from a real estate sale Borrower(s) Name(s): (If more than one borrower, include all names.) Borrower s Address: (Address where payment coupons/borrower notices are to be sent.) Telephone: Social Security or EIN Number: (Borrower s telephone number.) Your Percentage of Ownership of This Note: % Maturity Date: Dollar Amount to be Funded: $ Note Amount: $ (Face amount of Note) Principal Balance: $ Amortization Schedule: Yes No (For existing note) (If Yes, please attach a copy) Page 1 of 2 20860 N Tatum Blvd, Ste 240, Phoenix, AZ 85050 VantageIRAs.com Phone: 480.306.8404 Fax: 480.306.8408
Transaction Fees (All fees due at time of transaction. If no indication is made, fees will be deducted from your uninvested cash balance, if available. If cash balance is inadequate, transaction will not be processed.) Vantage Account Check (Made payable to Vantage) Visa MC Discover AMEX Name On Card: Card Number: Exp.: CVC: Billing Address: City: State: Zip: Delivery Instructions CHECK (Made payable to Payee/Seller) ($5 Fee) CASHIERS CHECK (Made payable to Payee/Seller) ($30 Fee) Mail To Address: City: State: ZIP: Will Pick Up Overnight (Cannot be delivered to a P.O. Box) ($30 Fee) WIRE: Bank Name: Account #: Routing #: ACH (Please complete Outgoing Wiring Instructions Form) Prior to funding, all transaction documents must be notated Read and Approved with your signature and date. (For example, subscription documents, real estate notes, promissory notes.) Vantage Retirement Plans, L.L.C. ( Administrator ) performs recordkeeping and administration duties in connection with Account Owner s self-directed retirement account (the Account ) on behalf of the custodian ( Custodian ) as set forth in Account Owner s account application (the Account Application ). The terms and conditions of this document are incorporated into the Account Application, and the terms and conditions of the Account Application are incorporated herein. I, the undersigned Account Owner, understand that my Account is self-directed and that Administrator and Custodian will not conduct any investigation or due diligence or review the merits, legitimacy, appropriateness, security, and/or suitability of any investment. I acknowledge that I have not requested that Administrator or Custodian provide, and Administrator and Custodian have not provided, any advice with respect to the investment directive set forth in this Buy Direction Letter. I understand that it is my responsibility to conduct all due diligence and all other investigation that a reasonably prudent investor would undertake prior to making any investment, including, but not limited to, title and lien searches. I understand that neither Administrator nor Custodian determine whether any investment is acceptable under the Employee Retirement Income Securities Act ( ERISA ), the Internal Revenue Code ( IRC ), or any applicable federal, state, or local law, including securities laws. I understand that it is my responsibility to review any investments for all investment risks and to ensure compliance with these requirements. I understand and agree that neither Administrator nor Custodian is a fiduciary to me or for my Account and/or my investment as such term is defined in the IRC, ERISA, and/or any applicable federal, state, or local law. I agree to release, indemnify, defend, and hold Administrator and Custodian harmless from any claims, including, but not limited to, actions, liabilities, losses, penalties, fines and/or claims by others, arising out of this Buy Direction Letter and/or this investment, including, but not limited to, claims that an investment is not prudent, proper, diversified, properly secured, or otherwise in compliance with the IRC, ERISA, and/or any other applicable federal, state, or local law, or any claim related to incomplete or incorrect information provided in this Buy Direction Letter. In the event of a claim by any party related to my account and/or investment wherein Administrator or Custodian is named as a party, Administrator and Custodian have the full and unequivocal right, at their sole discretion, to select their own attorneys to represent them and to deduct from my Account amounts sufficient to pay for any costs and expenses incurred by Administrator or Custodian in connection with such claims and/or litigation, including, but not limited to, all attorneys fees and costs, and internal costs (collectively, Litigation Costs ). If there are insufficient funds in my Account to fully reimburse Administrator and Custodian for all Litigation Costs incurred by Administrator and/or Custodian, upon demand by Administrator and/or Custodian, I will promptly reimburse Administrator and Custodian the outstanding balance of the Litigation Costs. If I fail to promptly reimburse the Litigation Costs, Administrator and Custodian have the full and unequivocal right to freeze my assets, liquidate my assets, and/or initiate legal action to obtain full reimbursement of the Litigation Costs. I also understand and agree that Administrator and Custodian are not required to take any action should there be any default with regard to any investment. I am directing Administrator to fund this transaction as specified above. I confirm that the decision to buy this asset is in accordance with the rules of my Account, and I agree to hold harmless and without liability Administrator and Custodian for all investment risks under the foregoing hold harmless provision. I understand that no person affiliated with Administrator or Custodian has any authority to agree to anything different than as set forth herein. If any provision of this Buy Direction Letter is found to be illegal, invalid, void, or unenforceable, such provision is severed and such illegality or invalidity does not affect the remaining provisions, which remain in full force and effect. For purposes of this Buy-Direction Letter, the terms Administrator and Custodian include their agents, assigns, joint ventures, licensees, franchisees, affiliates and/or business partners. I declare that I have examined this document, including all accompanying information, and to the best of my knowledge and belief, it is true, correct, and complete. I understand that all terms and conditions set forth in my Account Application and other documents from Administrator remain in full force and effect. Transactions with insufficient funds will not be processed until sufficient funds are received. If fees are being deducted from your account, the full amount of the transaction plus fees must be available before your transaction can be processed. OFFICE MUST BE IN RECEIPT OF THE ORIGINAL NOTE PRIOR TO FUNDING. Account Owner s Signature: Date: (I have read the disclosure above the signature line before signing and dating and agree with its contents.) Page 2 of 2 20860 N Tatum Blvd, Ste 240, Phoenix, AZ 85050 VantageIRAs.com Phone: 480.306.8404 Fax: 480.306.8408
Unsecured Note Disclaimer and Indemnity Agreement This is a fillable PDF form. To complete the form, click in an area and type. Date Stamp (Office use only) Account Owner Name: Vantage Account Number: First, Middle, Last Name of Borrower: Name of Administrator or Recordkeeper: Vantage Retirement Plans, LLC Name of Custodian: First Trust Company of Onaga Vantage Retirement Plans, L.L.C. ( Administrator ) performs recordkeeping and administration duties in connection with Account Owner s selfdirected retirement account (the Account ) on behalf of the custodian ( Custodian ) as set forth in Account Owner s account application (the Account Application ). The terms and conditions of this document are incorporated into the Account Application, and the terms and condition of the Account Application are incorporated herein. This Unsecured Promissory Note Disclaimer and Indemnity Agreement (the Agreement ) confirms the mutual understanding and agreement between Administrator and the Account Owner ( you ) regarding the proposed investment by your Account in in connection with the above named borrower ( Borrower ). Your account is referred to in this document as the Account, regardless of whether it is a retirement account under Internal Revenue Code (the IRC ) 401, 408 or 408A, a Coverdell Education Savings Account under IRC 530, or a Health Savings Account under IRC 223. You must sign this Agreement and return it to Administrator prior to making the investment with Borrower. 1) You understand and agree that neither Custodian nor Administrator approve investments or actions you take or direct Custodian or Administrator to take on behalf of your Account. Custodian and Administrator are limited in their responsibilities under your Account as set forth in your Account Application, and their responsibilities do not include investment advice or selection of any kind. 2) You understand and agree that neither Custodian nor Administrator review or approve any subscription agreement, operating agreement, by-laws, limited or general partnership agreement, or any other similar agreement regarding the operation of Borrower. 3) You understand and agree that you are solely responsible for ensuring that Borrower was not formed and will not operate in a way that does or may lead to a Prohibited Transaction as that term is defined in IRC 4975. 4) You understand and agree that if Borrower becomes a disqualified person (as that term is defined in IRC 4975) upon funding (this may occur, for example, if your Account and other disqualified persons, including you personally, own more than 50% of Borrower), then any future mandatory capital calls may be considered to be a Prohibited Transaction. As with any Prohibited Transaction, if this occurs, your Account may be deemed to be distributed to you as of January 1 of the year in which your Account contributes the additional capital, and penalties may apply. Therefore, you indemnify and hold harmless Administrator, its officers, directors, shareholders, and employees against any liability associated with funding a capital call which is or may be a Prohibited Transaction. 5) By signing this Agreement, you agree to indemnify and hold harmless Custodian, Administrator, and their respective officers, directors, shareholders, and employees against any liability associated with investing in Borrower, including funding a capital call, and including any liability that arises because the investment is or may be a Prohibited Transaction. 6) You understand and agree that neither Custodian nor Administrator have given any tax advice regarding the possibility that your Account may be subject to Unrelated Business Income Tax (UBIT ) as a result of its investment in Borrower. If your Account owes UBIT on any profits related to Borrower, you agree to prepare or cause to be prepared and filed a IRS Form 990T, and any similar filing required under applicable state laws, for each year with respect to which any such form is required, and to cause your Account to pay any UBIT that is reported in such forms. You understand and agree that any UBIT owed must come from funds belonging to the Account. Your agreement to indemnify and hold harmless, as set forth above, includes liability of the parties named therein with respect to UBIT and the preparation and filing of IRS Form 990T and similar state tax filings. 20860 N Tatum Blvd, Ste 240, Phoenix, AZ 85050 VantageIRAs.com Phone: 480.306.8404 Fax: 480.306.8408 Page 1 of 2
Unsecured Note Disclaimer and Indemnity Agreement This is a fillable PDF form. To complete the form, click in an area and type. Date Stamp (Office use only) 7) You agree and understand that Administrator is required to report the fair market value of the Account to the Internal Revenue Service each year. You agree to obtain a fair market value for the Account s investment in Borrower as of December 31 each year and report this information to Administrator on a form approved by Administrator no later than January 15 of the following year. You understand and agree that Administrator is entitled to rely on the valuation provided by you for reporting purposes and bears no responsibility as to the accuracy of the information provided. You understand and agree that until a different valuation is reported to Administrator, the value of the investment in Borrower will be reported based on the Account s total investment in Borrower. You understand and agree that if you fail to provide a fair market value to Administrator as required, Administrator may withdraw as administrator of your Account and distribute any assets to you or to a successor custodian. 8) You represent that you understand that with some types of Accounts there are rules for required minimum distributions from the Account. If you are now subject to the required minimum distribution rules for your Account, or if you will become subject to those rules during the term of the investment, you represent that you have verified either that Borrower provides distributions that will be sufficient to cover each required minimum distribution, or that there are other assets in your Account, or in other accounts that you may access for this purpose, that are sufficiently liquid (including cash) from which you will be able to withdraw your required minimum distributions as they become required. 9) You represent that you have completed all required due diligence on Borrower. 10) You understand and agree that neither Custodian nor Administrator makes any attempt to evaluate Borrower. For example, they make no attempt to: check the financial strength of Borrower; check with the Secretary of State to see if Borrower is in good standing; or check with the Securities and Exchange Commission, Better Business Bureau, or any other governmental or non-governmental agency regarding any complaints filed against Borrower. You, as the owner of the Account, are 100% responsible for evaluating Borrower, its operations, and the investment potential of Borrower, including the steps described in the preceding sentence. 11) You understand and agree that you are also responsible for confirming that none of the disqualified persons with respect to your Account are associated in any way with Borrower. 12) You understand and agree that Custodian, Administrator, and their officers, directors, shareholders, and employees have not given you any investment, legal, or tax advice pertaining to this investment or Borrower. To signify your agreement with the Agreement, please sign below and return it to us by fax or email, with the original being followed up by mail. PLEASE SIGN AND MAIL THIS FORM TO ADMINISTRATOR S OFFICE. ACCEPTED, UNDERSTOOD, AND AGREED TO: Account Owner Signature: Date: RECEIVED: Administrator s Authorized Agent Signature: Date: 20860 N Tatum Blvd, Ste 240, Phoenix, AZ 85050 VantageIRAs.com Phone: 480.306.8404 Fax: 480.306.8408 Page 2 of 2
DUE DILIGENCE ACTIVITIES AND INVESTMENT REPRESENTATIONS RELEASE OF VANTAGE RETIREMENT PLANS, LLC I,, (Print Name) understand that Vantage Retirement Plans, L.L.C. ( Administrator ) and FTCO ( Custodian ), and/or their affiliates, solely performs retirement plan services as a record keeper, administrator and custodian. Neither Administrator nor Custodian offer any advice, direction, promises, or guarantees regarding any investment, in the broadest sense. I am solely responsible for conducting all due diligence and research relating to any investment. I understand and agree that neither Custodian nor Administrator will not offer and will not provide, through its website, workshops, or otherwise, any investment advice, structure, guidance, or strategies, or any tax advice, legal advice, due diligence, research, recording or title services, or endorsement of professional relationships or products ( Advisory Activities ). I understand and agree that neither Custodian nor Administrator have made, through its website, workshops, or otherwise, and I am not relying upon, any representations, warranties, promises, or guarantees regarding any investment, including, but not limited to, the quality of an investment, investment performance, preservation of capital, return on capital, feasibility of an investment strategy, security lien positions, placement of security interests, the credibility of business practices, ethics of any kind, or an investment s compliance with the Employee Retirement Income Securities Act ( ERISA ), the Internal Revenue Code ( IRC ), or any applicable federal, state, or local law, including securities laws ( Investment Representations ). If I desire any Advisory Activities or Investment Representations, I will not look to or rely on Administrator or Custodian, in the broadest sense, but will consult with an appropriate legal, accounting, or financial professional. I am aware of the transactions prohibited by Internal Revenue Code Section 4975 ( Prohibited Transactions ). I will not participate in or request Administrator to participate in any Prohibited Transaction, and I will fully indemnify Administrator and Custodian in the event I participate in any Prohibited Transaction. Understanding that neither Custodian nor Administrator does not provide Advisory Activities, make Investment Representations, or participate in Prohibited Transactions, I release Administrator from any claims regarding Advisory Activities, Investment Representations, and Prohibited Transactions, in the broadest sense. Specifically, I release and forever discharge Administrator and Custodian, and covenant not to directly or indirectly sue for or otherwise assert against Administrator, in any forum, any and all claims of any nature whatsoever, which I had, now have, or may claim to have against Administrator or Custodian, arising out of or related to Advisory Activities, Investment Representations, or Prohibited Transactions. This release extends to all claims, whether known or unknown, present or future. It is my intention to fully, finally, and forever release any claims regarding Advisory Activities, Investment Representations, or Prohibited Transactions, and in furtherance of this intention, this release remains in effect as a full and complete release notwithstanding the discovery of any additional claims or facts. I understand and agree that neither Administrator provides services as a record keeper and administrator, and that no communication between me, Administrator and Custodian, whether by e-mail, U.S. Mail, facsimile, direction/authorization letter, or otherwise, creates a contractual relationship. Administrator may communicate with me by e-mail, and I will regularly check the e-mail address(es) that I provide to Administrator. I will provide written notice to Administrator within ten (10) days of any change in the contact information provided to Administrator. Administrator may cease providing services and resign as administrator if I do not respond to written correspondence from Administrator or fail to pay Administrator s fees. I have carefully read this document and I understand its contents. I understand that upon signing below, this document becomes a legally enforceable agreement under which I will be giving up rights and potential claims. I have been encouraged to have legal counsel review this agreement before signing it. I have freely signed this document in Date BY SIGNATURE PRINT NAME Page 1 of 1 20860 N Tatum Blvd, Ste 240, Phoenix, AZ 85050 VantageIRAs.com P: 480.306.8404 F: 480.306.8408