Complaint Limited 10K and 25KCal. Super. - 6th Dist.August 14, 2019E-FILED 8/14/2019 9:50 AM Clerk of Court Superior Court of CA, County of Santa Clara 19CV353317 Reviewed By: Yuet Lai 19CV353317 \DOOflQUl-b 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1225216 GURSTEL LAW FIRM, P.C. Gloria Zarco (CASB #199702) Kimberlee Tsai (CASB #227426) Rachel Haney (CASB #308259) Tina Emami (CASB#2441 19) 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: (877) 344-4002 Fax: (877) 750-6335 Attorneys for Plaintiff, Velocity Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY - SAN JOSE COURT Velocity Investments, LLC Case N0. Plaintiff, COMPLAINT FOR MONEY DUE ON vs. BREACH OF CONTRACT; MONEY LENT, PAID OR EXPENDED Victor Xie Defendant. Velocity Investments, LLC(“P1aintiff’) alleges causes 0f action against Victor Xie ("Defendant") as follows: ALLEGATIONS COMMON TO ALL CAUSES 0F ACTION 1. Plaintiff is a debt buyer. 2. Plaintiff believes that, 0n 0r about April 4, 2016, WebBank extended a loan to Defendant, account number ending in ***4184 ("Account"). Defendant accepted the terms and conditions 0fthe Account by Defendant’s acceptance 0f the funds borrowed, and agreed t0 comply with the terms and conditions governing the loan, including the repayment 0f the loan along with any applicable fees and interest to WebBank, and its successors in interest. Velocity Investments, LLC vs. Victor Xie / Case No.: \OOOVQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Plaintiff is the sole owner of the debt at issue. The debt balance at charge-offwas $14,01 1.84. $0.00 in post charge-off fees and $0.00 in post charge-off interest have been imposed since the time of charge-off. The date 0f last payment 0n the Account was on July 7, 201 6. The charge-off creditor at the time of charge-off was AVANT, LLC, whose address at said time was 222 N. LaSalle St., Suite 1700, Chicago, IL 60601 . Charge-Off Creditor’s account number associated with the debt is ***41 84. Defendant's name and address as it appeared in the Charge-Off Creditor’s records prior to the sale 0f the Account to Plaintiff is Victor Xie, 129 E. Latimer Ave. #2, Campbell,, CA 95008. Prior to the commencement 0f this action, the Account was assigned or otherwise transferred to Plaintiff. Plaintiff, is the present holder and sole owner of the Account. Plaintiffs address is PO Box 788, Wall, NJ 07719. The names and address ofall persons 0r entities that purchased the debt after charge-off are: (A) Velocity Investments, LLC, PO Box 788 Wall, NJ 07719 Plaintiff has complied with California Civil Code §1788.52. Attached hereto and incorporated herein by reference are true and correct copies 0f documents evidencing the Account as stated in California Civil Code §1788.58(b). (A) Exhibit 1 is a copy of the document demonstrating the assignment of the Account to Plaintiff. (B) Exhibit 2 is a copy ofthe document evidencing Defendant's agreement t0 the debt 0r a copy 0f the document provided t0 Defendant while the Account was Velocity Investments, LLC vs. Victor Xie / Case N0.: \OOOQQUI-bbJNp-n NNNNNNNNNHHHt-tp-tr-IHr-Ir-Ar-A OONONUI-PUJNHOKOOONQUI-PWNP-‘O 11. 12. 13. 14. 15. 16. 17. 18. /// /// active demonstrating that the debt was incurred by Defendant. (C) Exhibit 3 is a copy of the Transaction History. Plaintiff believes that Defendant is individual who currently resides within the jurisdictional boundaries 0f this Court. Therefore, this Court is the proper Court for adjudication 0f this matter. Defendant failed to make payments as agreed on the Account and has failed t0 pay amounts due 0n the Account. Taking into account all known payments, charges, offsets, if any, the amount due on this account as 0fthe date this Complaint was prepared is $14,01 1 .84, which amount equals the charge-off, less any payments 0r offsets as applicable. Although demand has been made upon Defendant to pay the outstanding balance 0n the Account, Defendant has failed to d0 so. FIRST CAUSE OF ACTION (Breach of Contract! Plaintiff refers t0 and incorporates paragraphs 1 through 14. WebBank extended a loan to Defendant. Defendant accepted the terms and conditions of the Account by Defendant's acceptance 0f the funds borrowed. Defendant has breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. As the direct and proximate result 0f said breach, Plaintiff, as successor in interest, has been damaged in the amount 0f $14,01 1 .84. Velocity Investments. LLC vs. Victor Xie / Case No.2 \OOONON 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECOND CAUSE OF ACTION (Monev Lent. Paid or Expended) 19. Plaintiff refers t0 and incorporates paragraphs 1 through 18. 20. On information and belief, pursuant to the terms and conditions governing the Account, within the last four years, Defendant became indebted for money lent to 0r paid out for the benefit of Defendant at Defendant's request. 21. Although demand has been made upon Defendant to pay said amount there remains an outstanding balance on the Account 0f $14,01 1 .84, which has not been paid, and is now due and owing from Defendant t0 Plaintiff, as successor in interest. WHEREFORE, as t0 all Causes ofAction, Plaintiffprays forjudgment against Defendant, including but not limited to, the amounts as follows: 1. For damages 0f$14,01 1.84; 2. For costs of suit incurred herein; and 3. For such further relief that the Court may deem just and proper. Dated: August Yb, 201 9 GURSTEL LAW FIRM, P.C. Gloria Zarco a Kimberlee Tsai Rach@ney Tina Emami Velocity Investments. LLC vs. Victor Xie / Case N0.: VERIFICATION I, the undersigned Attorney, declare as follows: I am an attorney at law duly admitted and licensed to practice in the state courts of California and I have my professional office at 9320 East Raintree Drive, Scottsdale, AZ 85260. I am the attorney of record for Plaintiff in the above-entitled matter. Said Plaintiffis absent from the county in which I have my office and for that reasonl am making this verification 0n its behalf. Ihave read the foregoing documents and know the contents thereof. Based 0n the business records ofPlaintiffand my review ofavailable factual information, venue lies properly with this court because (i) Defendant lives in this judicial district at the time this action is commenced; (ii) Defendant lived in this judicial district when the contract was entered into; (iii) the contract was in fact signed by the Defendant in this judicial district . I declare under penalty 0f perjury under the laws 0f the state 0f California that the foregoing is true and correct. Executed 0n August 87/, 2019, at Sacramento, California. GURSTEL LAW FIRM, P.C.WNW Gloria Zarco Kimberlee Tsai Rachewaney Tina Emami SHORT TITLE: Velocity Investments, LLC vs. Victor Xie EXHIBIT 1 EXHIBIT A BILL 0F SALE For value received and pursuant to the terms and conditions of the Purchase and Sale Agreement dated as of March l4, 2017, Avant, Inc., on behalf of Avant II, LLC, Avant Of Alabama, LLC, Avant Of Arizona, LLC, Avant Of California, LLC, Avant Of Colorado, LLC, Avant Of Delaware, LLC, Avant 0f Florida, LLC, Avant Of Georgia, LLC, Avant Of Iowa, LLC, Avant Of Idaho, LLC, Avant Of Illinois, LLC, Avant Of Indiana, LLC, Avant Of Kansas, LLC, Avant Of Kentucky, LLC, Avant Of Louisiana, LLC, Avant Of Maryland, LLC, Avant Of Maine, LLC, Avant Of Michigan, LLC, Avant Of Missouri, LLC, Avant OfNew Jersey, LLC, Avant OfNew Mexico, LLC, Avant Of Nevada, LLC, Avant 0f Ohio, LLC, Avant Of Oklahoma, LLC, Avant Of Oregon, LLC, Avant Of Pennsylvania, LLC, Avant Of South Carolina, LLC, Avant Of South Dakota, LLC, Avant Of Tennessee, LLC, Avant Of Texas, LLC, Avant Of Utah, LLC, Avant Of Washington, LLC, Avant Of Wisconsin, LLC, Avant Loans Funding Grantor Trust 2015-A, Avant Loans Funding Grantor Trust 2016-A, Avant Loans Funding Grantor Trust 2016-B, Avant Loans Funding Grantor Trust 2016-C, Marketplace Loan Trust, Series 2015-AV1, Marketplace Loan Trust, Series 2015-AV2, AMPLIT Grantor Trust 2015-A, AvantCredit IV Trust, Avant PB SPV, LLC, Avant Credit III Trust, Avant Warehouse Trust I, Avant Capital Partnership I Trust, Jefferies Funding LLC, JAVT, Innovating Partners LLC, Guardian Investors LLC, Larkdale I LP, Larkdale II LP, Larkdale IV LP, ACL Consumer Loan Trust V, CDYF 3 LLC, Candlewood Loan Acquisition, LLC, CE Evergreen Ltd., JAVT Funding I (collectively, “Seller") , hereby assigns effective as of the applicable Closing Date all of Seller’s rights, title and interest in and to those certain charged-off loans and/or related participation interests and all related receivables, judgments or evidences of debt described in Schedule l attached hereto and made part hereof for all purposes to Velocity Investments, LLC (“Purchasex”). AVANT, INC., asSWueyfin-fact By: Date: 04/28/2017 Title: President Exh A-l Confidential QERTIFICATE 0F LOAN SALE WebBank, a Utah-chartered industrial bank located in Salt Lake City, Utah (“grimly"), hereby certifies that: 1 . Originator originates loans that are‘ Serviced by Ava’nf; Inc. 2. Each o‘f the loans identified by loan ”number o‘n the attached Schedule» I (each, a “Loan”) was originated by WebBank. 3. On or about the respective “[“Closing' Datel” 'set forth on Exhibit A, Originator transferred or otherwise c‘onve‘yed to Avant II, LLC (“Avant IL”) each Asset identified on Schedule >1. 4. Originator. transferred, assigned; and conveyed to Avant II and its successors and permitted assigns, alrl» right, title and interest the Originator held in each Asset free and clear of any lien created iby Originator, except far- any interest of Avant ”II and its affiliatgs. 5. Avan't, Inc. was Servi-cer ofeach Asset from the origination offlae Asset to the saFIe by Originator to Avant 11. En its role as service; of the. Asset, during the period Originator 'owned the Asset, Avant, Inc. kept and maintained business records on. behalf of the Originator in the regular Course of business. WEBBAN By: /' /L/' Name: We Myra! Title: VP comm“, Date: 57/2//7 lilqafniidi Il'fii.b'in£§ifiéufité ‘ rlename ?LfiéfiLfié‘ifii‘éilu.._'.sg§iaLLSéEli 41_84| 15090 VICTOR XIE fihcldrhféjfi/péél :f': e'hwployer-Ji'ame: ' éfmpl‘dyetéga'dd're'sgglé ;'..:. employment |Suni Medical Irflagiflg _ 6840 Via Del 0m Suitgleo ILeanIovéLaddressjlemployeLc-tvlempIoVerstatelfimplovenzipl employeuohoneJumber w 3?.'fifibhth_ly;fiét_inéoih'éf‘i I |_" m'dbil‘égfihoriefi I fi'add're'ssfiil ;:;lla_gdfnessq._g"i .i._ :..=ci'ty .. Qi' _. 5300§_ 429 E. LATIMER AVE. #2 ___CmPBELL _ J ‘1 email ,do_:.ti9,t'_-‘e:m'a,il?' ‘tfund'ifiggdaietl 'date_°f_bjrth 'sistife‘dé'ciirif‘rfal’étidféitéfl _ ._, __..Ii 1/4/2016 j'_H'ai_'r‘ijra'c'c0unt;_ .rggggilvgfinumfiéi bfa LeccmmtjvfieikIoauurposeu checmgm Debt Consolidation ?r'Eg'i'SLtrLa‘tianIfii- '57m'éfiu'ailiaifl'i'dif'lliaidiféidfédiélififiueLh'cy-fi -' itqfiarg'éiofldate? 'bankrii ptcvfiQfiitfi?! manuaI-dial | 1/6/2017 _ 4/6/2017 _ r,_¢mafr:8:f-wm--aijan‘:da-Ten was?“oaiefié-c'tivgdate "-.arfi¢:e=a.a;q'are: ! -_-:'dmc_-afg'*e:dc_y:._fnah«:éfl" . ._ _.P - ’Eflci‘é‘e‘n‘ciyihfirth-T '.dmé;&®fiiin'-‘afife‘7 ?.fdifizégcd‘ntak; J&fimt‘ii iorigiH'at‘pnl : Web B a n k ."ifi' =_-_'=_5' selhng_entltyrE;_-_ atn Ca pitalPartnershi_plTru_s._t uAvant,|nc. _A_CA_I 5)"? ‘_.. ;_;; HIE"4 s-e_rv'Ice r i '_ ,ii‘éu fréntfifi a_rkefp l5'g'é3_'p t_l'jich a's'e'Ld r_co'_|'|_éte' fa Eow-fi’éfir'épq I‘Ifiddélgéfififif Ii détéfiéfitfléidl _am6fi_hfilas"t1baid;_ L" charé'eioffipjjihgibijutsia‘n‘d'ifiéfill o_.05 7/7/29_1._6[' 6393;“ _ ___ 11094.61' nfiha‘rgejfijteFagiaatsi'a‘ 33mg; J ' ch'a'Pgéiéflfife'eiis'i‘hu.'t_“s'téfifd.i fi‘gg'z flic-hafé‘éfiqffljtbtafibut'sta'nding‘LI. 2817.23, 100 _ 15911.84 _‘ I 3.55.fib‘st-L'ChfaiééT'Sfi:FEVE'é'fi'fs'fi ' TI’b'érsi'"?Ef?" g§:c_>’ff-_Efr'edit'sxr ?J'pu?6fiiéée_balan¢.e o o 14011.84 EXHIBIT 2 WebBank Loan Agreement and Promissory Note Page 1 of 14 Loan Aqreement and Promissory Note SECTION 20 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITRATION PROVISION. IN THE EVENT 0F A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT T0 BRING 0R PARTICIPATE IN A CLASS ACTION. Date of Loan: April 4, 2016 Loan No.:-4184 LenderlCreditor: Webbank c/o Avant 222 N. LaSaHe St, Suite 1700 Chicago, IL 60601 Borrower: \fictor Xie 129 E. LatimerAve. #2, Campbell, CA 95008 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yeafly rate. 33.98% FINANCE CHARGE The dollar amount the credit will cost you. $91 16.87 Amount Financed The amount of credit provided to you 0r on your behalf. $15000.00 Total of Payments The amount you will have paid after you have made all payments as scheduled. $24116.87 file:///P:/California/Lawsuits/07%20Ju1y/0730201 9/] 2252] 6%2010%20ag.html WebBank Loan Agreement and Promissory Note Page 2 0f 14 Payment Schedule: You must make 35 monthly payments of $669.91, with the first payment due on Saturday, May 07, 2016, and each subsequent payment due on the same day of each month theregfter, and a final payment of $670.02 due on Sunday, April 07, 2019. Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment. Late Fee: If a payment is not paid in full within 10 days after its due date, you will be charged $25.00. Prepayment: lf you pay off eady, either in full or partially, you will not have to pay a penalty. See the remainder of this Note for any additional information about nonpayment, default, and any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed The Amount Financed of $15000.00 is itemized as follows: gm ' Amount given to you directly $0.00 Amount paid on your loan serviced by Avant ADDITIONAL PROVISIONS 1. Parties, Status of Application; Further Steps Before Approval and Funding of Loan. WebBank, an FDlC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as Lender/Creditor (“WebBank”) is the lender 0f this loan. In this Loan Agreement and Promissory Note ("Note" 0r "Agreement“), the words “you," "youn’ and "Borrower(s)" mean the Borrower(s) identified above. The words "we,” “us," “ouf’ mean WebBank, and after consummation any person who obtains WebBank's rights in this Note. We have not yet committed to make the Loan. We will ofily be committed to make the Loan if and when we initiate, in Utah, a transfer of funds from our offices in Utah to the bank account you identify for this purpose in the process of applying forthe Loan. 2. Loan Proceeds; Promise to Pay; Interest. If all conditions to funding the Loan are met (see Section 1) and the Loan is funded: (a) the Loan proceeds will be deposited into Your Bank Account as defined below; and (b) you promise to pay to us (i) the principal sum 0f $15000.00; (ii) simple interest on the outstanding pn'ncipal balance, from April 7, 2016 until the date the Loan is paid in full, at the daily rate of 0.09301370%, which corresponds to an annual rate of 33.95%; and (iii) any and all other amounts that become due and payable under this Note (collectively, the "Debt"). 3. (a) Note Payments; Application of Payments. This Note is payable in 36 substantially equal monthly installments, including (i) 35 payments of $669.91, commencing Saturday. May 07, 2016; and (ii) a single final payment of the remaining amount outstanding under the Loan, payable one month later (the "Maturity Date"). Payments will be due on the same day of each corresponding month. You may choose to repay by either of the options below in the Section Bibi Payment Authorization as well as any other reasonable form of payment, including but not limited to paper check, money order, debit card or credit card. We have based the payment schedule on the assumption that you will pay all payments as scheduled. If any payment is scheduled on a date we are not open for business, then you agree to pay us on the next business day, and we will credit such payment as if we received it on the appropriate Payment Date. Payments will be applied first to outstanding fees, if any, then to accrued interest, and then t0 principal. On the Maturity Date, any unpaid Debt will be payable in full. Unless modified by a Payment Plan, the final required WebBank Loan Agreement and Promissory Note Page 3 0f 14 payment will likely vary somewhat from prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history causes the interest owing to be less than the above payment schedule, we will adjust your final payoff payment to reflect such decrease. If your payment history causes the interest owing to be more than the above payment schedule, then you have the following options: (i) you may instruct us by contacting Avant at 800.712.5407 or support@avant.com to adjust your final payoff payment t0 reflect such increase; or (ii) unless you contact us by communicating with Avant at 800.712.5407 or support@avant.com and we othenNise agree in wn'ting to increase your final payoff payment, you agree to make payments under a Payment Plan until your obligations are paid in full. Under such Payment Plan, interest will continue t0 accrue under the terms of this Loan Agreement, and you agree to make payments in an amount not to exceed such amounts as scheduled above, and at such frequency (monthly) as scheduled above until paid in full. 3. (b) Payment Authorization. The payment method checked below is based on your previous selection. However, you may choose to repay by any other reasonable form of payment, including but not limited to paper check, money order, debit card or credit card. If you wish to change your payment method, you may contact us by communiCating with Avant at 800-712-5407 or support@avant.com. You understand that we will process your payments provided in the Payment Schedule in Section 3ia) above by the method checked below, which gives you convenience and gives us security that payments will be received on time. z Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby authorize us to initiate an electronic debit to the checking account you elect for this purpose during the application process hereinafter called "Your Bank Account," at the depository financial institution, hereinafter called “Depository." You authorize us t0 electronically debit Your Bank Account in accordance with these provisions for amounts owing provided on each scheduled payment date in the Payment Schedule and any payment date included in any Payment Plan. Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account, then you authorize us to verify and correct the information. You promise that the information that you provide to us relating to Your Bank Account corresponds to a legitimate, open and active account and that you have the right to initiate (and to authorize us t0 initiate) electronic debits from Your Bank Account. You acknowledge that Your Bank Account also includes any bank account that you may designate for payment in the future, and which we ven'fy in writing with you. Dates in the Payment Schedule. You acknowledge that this authorization is an authorization to initiate an electronic debit to Your Bank Account on or after each scheduled payment date and any payment date, including amounts owing on the final payment due date. That is, this authorization allows us to initiate any decreased amount owing 0n your final payoff payment date adjusted for your payment history, and any increased amount you instruct us to debit. Dates under any Payment Plan. You acknowledge that this authorization allows us to initiate an electronic debit to Your Bank Account on or after each scheduled payment date included in the Payment Plan set forth in Section 3(a) of this Note, and any Payment Plan set forth below in the “Other Payment Arrangements” section under this Direct ACH Debit provision. lf you default 0n your obligations under any Payment Plan, you complete your obligations, or we terminate a Payment Plan, then you authorize us to debitYour Bank Account on the dates and in the amounts set forth in your original Payment Schedule in accordance with this PaymentAuthorization. Termination. You understand and acknowledge that you may terminate this authorization by notifying us in such time and manner as to afford us and Depository a reasonable opportunity to act on it. Range of Debits and Notice of Variation. You have the n'ght to receive notice of all varying transfers. Our debits to Your Bank Account will be in an amount between the amount of the scheduled payment (or such lesser amount based on your payment history) and the total amount of any scheduled payments past due at the time we initiate WebBank Loan Agreement and Promissory Note Page 4 of 1 4 the debit, plus any additional charges and/or fees incurred under this Note. On each scheduled payment date under the Loan Agreement 0r Payment Plan, we will not debit Your Bank Account for more than the scheduled payment plus the total amount of scheduled payments past due at the time we initiate the debit (plus additional charges and/or fees, as applicable). You may elect to receive notice of the date and amount of each debit that varies from the scheduled payments in advance if you notify us by communicating with Avant at 800-712-5407, or at 222 N. LaSalle St, Suite 1700, Chicago, Illinois 60601. If a debit amountwill fall outside of the specified range, then we will electronically notify you of the amount of the debit and the date on or after which we will debit such amount, at least ten calendar days before the scheduled debit. Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of the electronic debit as needed to reflect those partial prepayments. Additional Amounts. You further authorize us to initiate separate electronic debits to Your Bank Account for any applicable amounts provided in this Note. You also authorize us to initiate separate electronic debits to Your Bank Account for any applicable Late Fee or Dishonored Payment Fee. Other Payment Arrangements. lf we agree, you may change certain terms of this Payment Authorization. including but not limited to (i) a full schedule change of the date on which we will initiate a debit to Your Bank Account and/or the amount of such debit, (ii) a short-tenn Payment Plan under which any loan payments originally scheduled underthis PaymentAuthorization during the time of such short-term Payment Plan will be moved to the end of the loan. and (iii) any “one off payment" authorized by you which may be in addition to or replace your regularly scheduled payment. For purposes of this Agreement, a “one off payment" is a one-time payment you voluntarily authorize by phone, email, online chat, customer dashboard, or otherwise. If you and we agree to change any terms of this Payment Authorization, we will send you written confirmation of such change, and all other provisions of this Payment Authorization not changed will remain in full force and effect. To the extent you and we agree to a short term Payment Plan or one-off payment, please note that your obligations under this Payment Authorization will remain in full force and effect, and when you complete such payments or we terminate your short term Payment Plan, you agree that we may again resume debiting Your Bank Account in accordance with this Payment Authorization. Full Force and Effect. This authorization will remain in full force and effect until we have received written notification from you of its termination in such time and in such manner as to afford us and Depository a reasonable opportunity t0 act on it. You may send written notification to us by communicating with Avant at support@avantwm or by mail to Avant, ATTN: Compliance Department, 222 N. LaSalle St, Suite 1700, Chicago, Illinois 60601. Error Correction. In the event we make an error in processing any payment, you authorize us to initiate a payment to or from Your Bank Account to correct the error. Re-lnitiation. You authorize us to re-initiate any ACH debit a total of two additional times (if necessary) for the same amount if the ACH debit is dishonored. You acknowledge that the origination of an electronic debit to Your Bank Account must comply with the provisions of U.S. law. Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO SELECT THIS ELECTRONIC DEBIT AUTHORIZATION T0 ENTER A TRANSACTION WITH US. THIS ELECTRONIC DEBIT AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING. BY SELECTING THlS OPTION, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING T0 PAY ELECTRONICALLY. _ Remotely Created Check. By selecting the Remotely Created Check option, you authorize us to create paper checks, bean'ng the legend “Authorized by Drawer No Signature Required," or your typed name and/or other information as may be WebBank Loan Agreement and Promissory Note Page 5 0f 14 required under applicable law, rather than your handwritten signature, drawn on the checking or savings account you elect for this purpose during the application process. hereinafter called "Your Bank Account." at the depository financial institution you identify during the application process, hereinafter called "Depository." You acknowledge that Your Bank Account also includes any bank account that you may designate in the future, and which we verify in writing with you. For purposes of this authorization, a Remotely Created Check may be otherwise known as, remotely created consumer items, demand drafts, telechecks, preauthorized drafts issued by the drawer of the order, or paper drafts. You agree any designation such as “Authorized by Drawer," “No Signature Required” or your typed name or any other designation as mandated by applicable law will constitute your authorized signature fully reflecting your intent to authenticate any such Remotely Created Check. You further authorize us to submit each check for payment to the Depository in the amount of each payment owing to us underthis Note 0n or after each scheduled payment date and any payment date included in any Payment Plan. Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account, then you authorize us to verify and correct the information. You promise that the information that you provide to us relating to Your Bank Account corresponds to a legitimate, open and active account. Dates in the Payment Schedule and Amounts. You acknowledge that this authorization allows us to create and submit checks from Your Bank Account on or after each scheduled payment date, including amounts owing on the final payment due date. That is, this authorization allows us to create and submit checks for any decreased amount owing on your final payoff payment date adjusted for your payment history, and any increased amount authorized. Furthermore, on each scheduled payment date under the Loan Agreement or Payment Plan, you authorize us to submit a Remotely Created Check to Your Bank Account for scheduled payment, plus the total amount of any scheduled payments past due, plus additional charges and/orfees, as applicable. ‘ Dates under any Payment Plan. You acknowledge that this authorization allows us to create and submit checks from Your Bank Account on 0r after each scheduled payment date included in the Payment Plan, set forth in Section 3(a) of this Note. and any Payment Plan set forth below in the “Other Payment Arrangements” section under this Remotely Created Check provision. lf you default on your obligations under any Payment Plan, you complete your obligations, or we terminate a Payment Plan, then you authorize us to create and submit checks from Your Bank Account on the dates and in the amounts set forth in your original Payment Schedule in accordance herewith. Termination. You understand and acknowiedge that you may terminate our authority to create and submit checks by communicafing with Avant at 800-712-5407, or at 222 N. LaSalle St, Suite 1700, Chicago, Illinois 60601. Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of any remotely created check needed to reflect those partial prepayments. Additional Amounts. You further authorize us to create and submit separate checks from Your Bank Account for any applicable amounts provided in this Note, including any Late Fee or Dishonored Payment Fee. Errors. In the event we make an error in creating and submitting checks from Your Bank Account, you authorize us do what is reasonable and necessary to correct the error. If you believe we have presented a Remotely Created Check in a manner not contemplated by this authorization, then please contact Avant at 800-712-5407, or at 222 N. LaSalle 8L, Suite 1700, Chicago, Illinois 60601. Other Payment Arrangements. If we agree, you may change certain terms of this Remotely Created Check provision including but not limited to (i) a full schedule change 0f the date on which we will create and submit a check drawn on Your Bank Account and/or the amount 0f such check, (ii) a short-term Payment Plan underwhich any loan payments originally scheduled under this Remotely Created Check provision during the time of such short-term Payment Plan will be moved to the end of the loan, and (iii) any “one off payment" made by you which WebBank Loan Agreement and Promissory Note Page 6 of 14 may be in addition to or replace your regularly scheduled payment. For purposes of this Agreement, a “one off payment" is a one-time payment you voluntarily authorize by phone. email. online chat, customer dashboard, or otherwise. If you and we agree to change any terms of this Remotely Created Check provision, we will send you written confirmation of such change, and all other provisions of this Remotely Created Check provision not changed will remain in full force and effect. To the extent you and we agree to a short term Payment Plan orone-off payment, please note that your obligations under this Remotely Created Check provision will remain in full force and effect, and when you complete such payments or we terminate such Payment Plan, you agree that we may again resume creating and submitting a check drawn on Your Bank Account in accordance with this Remotely Created Check provision. You agree that we may present for payment to your Bank up to two times any Remotely Created Check that is dishonored, including any Remotely Created Check submitted for any applicable Late Fee or Dishonored Payment Fee. 4. Prepayment. You may prepay the Debt in whole or in part at any time without penalty. That is, you'will not incur any additional fee or charge for partial prepayment or prepayment in full. 5. Fees and Charges. (a) If a payment is not paid in full within 10 days after its due date, you will be charged $25.00. (b) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the Debt is returned unpaid. 6. Use of Proceeds. You promise that you will use the proceeds of the Loan for the purposes you have stated and not for any student loan or any illegal purposes. 7. Defaulthemedies. If: (a) you fail to pay any scheduled installment when due; (b) any bankruptcy, receivership or insolvency proceeding is initiated by or against you or you make any assignment for the benefit of creditors; (c) you die; (d) you fail to keep any promise 0r meet any other obligation in this Note; 0r (e) we discover that you have made a material misrepresentation, then, subject to applicable law (including any notice or cure right under applicable law), we may declare all Debt under this Note immediateiy due and payable, exercise any right provided by applicable law and, if the Debt is referred for collection to an attorney who is not a salan'ed employee of ours, charge you reasonable attorneys' fees permitted by applicable law. 8. Waivers. We may accept late or partial payments, even though marked "paid in full," or with similar language, without losing any of our rights under this Note, and we may delay enforcing any of our rights under this Note without losing them. We do not have to: (a) give notice that amounts due have not been paid ("notice 0f dishonor"), (b) demand payment of amounts due ("presentment"), or (c) obtain an official certification of nonpayment ("protest"). You hereby waive notice of dishonor, presentment and protest. Even if, at a lime when you are in default, we do not require you to pay immediately in full as described above, we will still have the right to do so if you are in default at some other time. Neither our failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those rights in whole 0r in part, regardless of how often we fail or delay in enforcing or exercising such n'ghts. To the extent allowed by law, no extension of time for payment of any pan of the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document or agreement relating to the Debt or this Note shall release, modify, amend, WebBank Loan Agreement and Promissory Note Page 7 0f 14 \ waive, extend, change, discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all 0r part of the Debt. 9. Applicable Interest andlor Loan Charge Maximums Will Be Observed. Notwithstanding any provision 0f this Note to the contrary, if any law applicable to this Note or the Debt is finally interpreted so that the interest or other charges or fees collected or to be collected in connection with the Debt or this Note exceed the legally permitted limit, then: (a) any such interest, charge or fee shall be reduced by the amount necessary to reflect and be in compliance with the maximum permitted limit; and (b) any sums already collected, to the extent such sums would otherwise exceed a permitted limit, will be refunded to you. We may choose to make this refund by reducing the Debt and/or by making a direct payment to you. 10. Severability. The unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision of this Note. 11. Notices. A|| notices and other communications under this Note shall be given in writing and shall be deemed to have been duly given and effective upon receipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic transmission and upon posting for notices we give you on our website. Any notice to you may be delivered in accordance with the consent to electronic communications you have executed orto the address we maintain for you in our records. Any notice to us must be sent to Avant, 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601 unless a different address for notice is later provided in writing by us to you. 12. Assignment. You may not assign any of your obligations under this Note without our written permission, which we are not required to give. We may assign this Note at any time without your permission. Our transfer may be made by causing a registration of transfer in the record of ownership as described below, without providing you with any other notice (except where such notice is required by applicable law). Your obligations under this Note apply to all 0f your heirs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors and assigns. Ownership of this Loan Agreement and Promissory Note (and rights hereunder, including with respect to principal and interest) shall be registered in a record of ownership maintained by an entity specificallydesignated for such purposes. You hereby irrevocably appoint Avant, Inc, as your agent acting solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder) will be valid only if and when it is registered in such record of ownemhip. You shall treat each person whose name is registered in the record 0f ownership as the owner, assignee or participant, as applicable, for all purpose of'this Loan Agreement and Promissory Note, including, but not limited to. the rights to payments 0f principal and interest. The record of ownership shall be made available to you in a form and manner determined by the agent maintaining it from time to time upon reasonable prior written notice. 13. Governing Law. Except to the extent, if any, prohibited by applicable law, this Note and all controversies relating t0 this Note are governed by federal law and, to the extent state iaw applies, the law of the State of Utah. 14. Amendment. Except for orally agreed upon changes in the Payment Authorization later confirmed in writing by us, this Note may not be amended, modified or limited except by a written agreement executed by both you and us. 15. Contacting You; Phone and Text Messages. WebBank Loan Agreement and Promissory Note Page 8 of 14 You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties") to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with your Loan application, the Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or lntemet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the Messaging Parties at 800-712-5407. To stop text messages, you can also simply reply "STOP" to any text message the Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties' emails. 16. Credit Reports and Monitoring. NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL. 17. Credit Bureau Disputes. If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by communicating with Avant at 800-712-5407 or send an email to us at support@avant.com. You will need to provide your Loan Number along with a copy of your credit bureau report reflecting the information that you believe is inaccurate. lfyou believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report 18. Bankruptcy. You promise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and have no current intention of filing a petition for relief under the United States Bankruptcy Code. If you file for bankruptcy under the United States Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601 , Attn: Bankruptcy Notice. 19. Non-Negotiable Instrument. This Note is not apegotiable instrument. 20. Arbitration Provision. By signing below, you agree to this Jury Trial Waiver and Arbitration Clause (“Clause"): Background and Scope. What is arbitration? An alternative to In arbitration, a third party ("Arbiter") solves Disputes in a hearing court. (“hearing”). You, related third parties, and we, waive the right t0 go t0 WebBank Loan Agreement and Promissory Note Page 9 0f 1 4 i court. Such “parties" waive jury trials. i Is it different from Yes. E The hearing is pn'vate and less formal than court. Arbiters may limit pre- | court andjury hearing factfinding, called "discovery." The decision is final. Courts rarely l E trials? i overturn Arbiters. ' 'I Who does the You, Us, and j This Clause governs the parties, their heirs, successors, assigns, and I Clause cover? Others. j third parties related to any Dispute. I Which Disputes are I All Disputes. In this Clause, the word "Disputes" has the broadest possible meaning. covered? _:_ This Clause governs all ”Disputes" involving the parties. This includes all i claims even indirectly related to your application and agreements with us. ! This includes claims related to information you previously gave us. It includes all past agreements. lt includes extensions, renewals, refinancings, or payment plans. It includes claims related to collections, privacy, and customer information. It includes claims related to setting aside this Clause. lt includes claims about the Clause’s validity and scope. It includes claims about whether to arbitrate. i. _‘_ _ _ .. _ _ -_____ ._...__.._ _ _ ___ ___ _ _ _ .1 Are you waiving Yes. You waive your rights to: E rights? 1. Have juries solve Disputes. | 2. Have courts, other than small-claims courts, solve Disputes. ' 3. Serve as a private attorney general or in a representative capacity. i- _ 4. Be in a class action. é Are you waiving Yes. COURTS AND ARBITERS WON’T ALLOW CLASS ACTIONS. You I' class action rights? waive your rights to be in a class action, as a representative and a member. Only individual arbitration. or small-claims courts, will solve Disputes. You waive your right to have representative claims. Unless I reversed on appeal, if a court invalidates this waiver, the Clause will i I J be void. I _ ! _ ' _ . ___..___,____._ ._. _. .__ _ _____ _.-H_i What law applies? The Federal This transaction involves interstate commerce, so the FAA governs. If a Arbitration Act court finds the FAA doesn't apply, and the finding can’t be appealed, then l (“FAA”). i your state's law governs. The Arbiter must apply substantive law ' consistent with the FAA. The Arbiter must follow statutes of limitation and : f privilege claims. Can the parties try Yes. ; We can try to solve Disputes if you call us at 800-712-5407. If this to solve Disputes doesn't solve the Dispute, mail us notice, within 100 days of the Dispute first? date. In your notice, tell us the details and how you want to solve it. We will try to solve the Dispute. If we make a written offer (“Settlement Offer"), you can reject it and arbitrate. If we don't solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed below. No party will disclose settlement proposals WebBank Loan Agreement and Promissory Note i | I I 1 l. .. Page 10 of14 to the Arbiter during arbitration. Send mail to: 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. Youi How should you By mail. _. contact us? can call us at 800-712-5407 or use certified mail to confirm receipt. Can smalI-claims I Yes. Each party has the n'ght to arbitrate, orto go to small-claims court ifthe court solve some i smalI-claims coun has the power to hear the Dispute. Arbitration will . Disputes? solve all Disputes that the smalI-claims court does not have the power to ' hear. If there is an appeal from smaII-claims court, or if a Dispute ‘ f changes so that the smaII-claims court loses the power to hear it, then | the Dispute will only be heard by an Arbiter. , Do other options Yes. Both parties may use lawful self-help remedies. This includes set-off or exist? repossession and sale of any collateral. Both parties may seek remedies I which don't claim money damages. This includes pre-judgment seizure, injunctions, or equitable relief. Will this Clause Yes, unless The Clause stays effective unless the parties sign an agreement stating it . | = contlnue to govern? I othenNise agreed. transaction’s termination, amendment, expiration, or performance. doesn't. The Clause governs if you rescind the transaction. It governs if you default, renew, prepay, or pay. It governs if your contract is discharged through bankruptcy. The Clause remains effective, despite a |. How does I arbitration start? I: Who arbitrates? E Mailing a notice. | AAA, JAMS, or an a agreed Arbiter. Will the hearing be ' You may select the American Arbitration Association ("AAA") (1 -800-778- f 7879) http://www.adr.org or JAMS (1-800-352-5267) Process. Either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local Arbiter. If related third l parties or we mail the demand, you must respond in 20 days. Your l response must choose an arbitration group or propose a local Arbiter. If it l E2 doesn't, we may choose the group. http://www.jamsadr.com. The parties may also agree in writing to a local I _ attorney, retired judge, or Arbiter in good standing with an arbitration 1 group. The Arbiter must arbitrate under AAA or JAMS consumer rules. You may get a copy ofthese rules from such group. Any nJIes that l conflict with any 0f our agreements with you, don't apply. If these options aren't available, and the parties can't agree on another, a court may Q choose the Arbiter. Such Arbiter must enforce your agreements with us, Yes. as they are wn'tten. The Arbiter will order the hean’ng within 30 miles ofyour home or where WebBank Loan Agreement and Promissory Note Page 11 of 14 i held nearby? the transaction occurred. a What about Appeals are limited. The Arbiter’s decision will be final. A party may file the Arbiter‘s award appeals? " with the proper court Arbitration will solve appeals of a smalI-claims court judgment. A patty may appeal under the FAA. If the amount in controversy exceeds $1 0,000.00, a party may appeal the Arbitel’s finding. Such appeal will be to a three-Arbiter panel from the same [ arbitration group. The appeal will be de novo, and solved by majority ..........,,_ - w....._ -_-.. : vote. The appealing party bears appeal costs, despite the outcome. Arbitration Fees and Awards. I Will we advance J Yes, but you pay We will advance your “Arbitration Fees" if you ask us to. This includes Arbitration Fees? your costs. filing, administrative, hearjng, and Arbiter's fees. You pay your attorney I i fees and other expenses. l .%__._ __.........._ _..T - . _ _ . . . _...._....._._ __ _ ____.___ __._._...._. ______. p Are damages and = Yes, if allowed by The Arbiter may award the same damages as a court. Arbiters may attorney fees law. award reasonable attorney fees, and expenses, if allowed by law. possible? _ Will you pay f No. If the Arbiter awards you funds, you don’t reimburse us the Arbitration i Arbitration Fees if Fees. you win?_ _..__ _. _ _,.. ..-_____ #...--__ _.__. .. ._ _ __,__ . .. _ _. __ ...l Will you ever pay Yes. . If the Arbiter doesn't award you funds, then you must repay the I Arbitration Fees? I Arbitration Fees. If you must pay Arbitration Fees, the amount won't _g I exceed state court costs. __l :.-_w_-_._-._- ...____.i___._...._ _. . ._ . “_-.__. ___.“ ._____ _MF... _ _ W; What happens if you You could get more I If an Arbitefs award to you exceeds our last Settlement Offer, we will pay Iwin? ' than the Arbiter I the greater of the award amount or $7500 in addition to your attorneys' I I awarded. : fees and reasonable expert witness costs and other costs incurred. ' Can an award be Yes. . A party may request details from the Arbiter, within 14 days of the ruling. explained? Upon such request, the Arbiter will explain the ruling in writing. Other Options. lf'you'don't want ta Yes. You can get i Consider these choices: a b'tr t ' d r, I a e’ can you our_semces an 1. Informal Dispute Resolution. Contact us, and attempt to settle still get a deCIde not to _ _ any Disputes. transaction? arbitrate, 2. SmaII-claims Court. Seek to solve Disputes in smaII-claims court, within state law limits. 3. Opt-Out of Arbitration. Sign and then timely opt-out. Can you opt-out of Yes. Within 60 days. Write us within 60 calendar days of signing your agreement to opt-out of WebBank Loan Agreement and Promissory Note Page 12 of14 the Clause? the Clause for that agreement. List your name, address, account number 5r and date. List thatyou “opt out." If you opt out, it will only apply t0 that ll ? agreement. . 1%_~____F.._._-..- .. . .-._ __ ._. ._..-_.-fi_.fi_fih___._m__ q. _... __..-._ . ___ 21. State Notices and Special Provisions. All Borrowers, including CalifornialNew Yorkthode IslandlUtahNermont Residents You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Note, taking collection action on this Note, or for any other legitimate purposes associated with this Note. Upon your request, you will be informed 0f whether or not a consumer credit report was ordered, and if it was, you wi|| be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. All Borrowers, Including Iowa, Maine I Missouri] Nebraska] Oregon I Texas I Utah [Washington Residents Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify. All Borrowers, including Iowa and Kansas Residents NQTICE TO CONSUMER: 1. Do not sign this Contract before you read it. 2. You are entitled to a copy of this Contract. 3. You may prepay the unpaid balance at any time without penalty. California Residents 'A married applicant may apply for a separate account. Maryland Residents To the extent, if any, that Maryland law applies to this Note, we elect the Credit Grantor Closed-End Credit Provisions in Title 12, Subtitle 10 of the Commercial Law Code as the applicable Maryland law. Massachusetts Residents Massachusetts law prohibits discrimination based upon marital status 0r sexual orientation. New Hampshire Residents You shall be awarded reasonable attorney‘s fees if you prevail in any legal action you bring against us or we bring against you. If you successfully assert a partial defense, set-off or counterclaim against us in an action we bring against you, the court 0r arbitrator may withhold from us the entire amount or such portion 0f the attorney's fees as it considers equitable. You or your attorney may file a complaint with the New Hampshire Commissioner of Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for filing complaints can be found on the Commissioners WebBank Loan Agreement and Promissory Note Page 13 0f 14 website at www.nh.gov/banking/consumer-assistance/complaint.htm. Ohio Residents The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. Married Wisconsin Residents If you are married: (1) You confirm that the Loan is being incurred in the interest of your marriage or family. (2) No provision of any marital property agreement, unilateral agreement, or coun decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless prior to the fime credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (3) You understand and agree that we will provide a copy of this Note to your spouse for his or her information. BY CONSIDERING AND TAKING ACTION ON YOUR APPLICATION FOR THE LOAN, WE AGREE TO THE TERMS 0F THIS NOTE, INCLUDING THE ARBITRATION PROVISION. BY CLICKING THE BUTTON BELOW READING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY OF THIS NOTE, YOU UNDERSTAND THIS NOTE AND YOU AGREE TO ITS TERMS, INCLUDING THE ARBITRATION PROVISION. CAUTION-IT IS IMPORTANT THAT YOU NOTICE TO BORROWER THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT (a) DO NOT SIGN THIS NOTE BEFORE YOU READ THE WRITING ABOVE, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. (c) YOU ARE ENTITLED TO AN EXACT COPY 0F ANY AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS NOTE. [I AGREE] Customer Signature: Name: Victor Xie Last4 SSN: 8837 Signed At: April 04, 2016 12:51 Customer ID: 33181465 SIGNATURE: bed9ebc24e84b078fdf44c5e4d1b88bb03808c67 Notice to Arizona Borrowers: You may request that the initial disclosures prescribed in the Truth in Lending Act (15 United States Code §§ 1601 through 1666j) be provided in Spanish before signing any loan documents. WebBank Loan Agreement and Promissory Note Page 14 of 14 Aviso a solicitantes de prestamos en Arizona: Tiene ell derecho de solicitar Ia declatacién de divulgacién inicial prescribida en Ia legislacién de Veracidad de Crédito (Truth in Lending Act-15 United States Code §§ 1601 through 1666]) en Espafiol antes de firmar cualquier documento de prestamo. EXHIBIT3 Loan ID Consumer Nam Amount Issued .4184 VICTOR XlE $15,000.00 Funding Date 04/07/2016 Charge Off Date 04/06/2017 Charge Off Bala $14,011.84 Cut Off Date 04/27/2017 Sale Date 04/27/2017 Sale Balance $14,011.84 Total Principal Interest Fees Amount Outstanding Outstanding Outstanding Collected Day Day Day on Principal Interest Date Begin Begin Begin Date Paid Paid 04-07-2016 $15,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 04-30-2016 $15,000.00 $320.90 $0.00 $0.00 $0.00 $0.00 05-09-2016 $15,000.00 $446.00 $0.00 $669.91 $251.35 $418.56 05-16-2016 $14,748.66 $123.46 $0.00 $3,000.00 $2,876.54 $123.46 05-31-2016 $11,872.12 $165.64 $0.00 $0.00 $0.00 $0.00 06-07-2016 $11,872.12 $242.94 $0.00 $669.91 $426.97 $242.94 06-30-2016 $11,445.15 $244.85 $0.00 $0.00 $0.00 $0.00 07-07-2016 $11,445.15 $319.37 $0.00 $669.91 $350.54 $319.37 07-31-2016 $11,094.61 $247.67 $0.00 $0.00 $0.00 $0.00 08-31-2016 $11,094.61 $567.57 $0.00 $0.00 $0.00 $0.00 09-30-2016 $11,094.61 $877.16 $0.00 $0.00 $0.00 $0.00 10-31-2016 $11,094.61 $1,197.06 $0.00 $0.00 $0.00 $0.00 11-30-2016 $11,094.61 $1,506.65 $0.00 $0.00 $0.00 $0.00 12-19-2016 $11,094.61 $1,702.72 $25.00 $0.00 $0.00 $0.00 12-31-2016 $11,094.61 $1,826.55 $25.00 $0.00 $0.00 $0.00 01-20-2017 $11,094.61 $2,032.94 $50.00 $0.00 $0.00 $0.00 01-31-2017 $11,094.61 $2,146.46 $50.00 $0.00 $0.00 $0.00 02-21-2017 $11,094.61 $2,363.17 $75.00 $0.00 $0.00 $0.00 02-28-2017 $11,094.61 $2,435.40 $75.00 $0.00 $0.00 $0.00 03-20-2017 $11,094.61 $2,641.79 $100.00 $0.00 $0.00 $0.00 03-31-2017 $11,094.61 $2,755.31 $100.00 $0.00 $0.00 $0.00 04-06-2017 $11,094.61 $2,817.23 $100.00 $0.00 $0.00 $0.00 04-18-2017 $11,094.61 $2,941.06 $125.00 $0.00 $0.00 $0.00 04-27-2017 $11,094.61 $3,033.94 $125.00 $0.00 $0.00 $0.00 2017-04-27 SUIT $11,094.61 $3,033.94 $125.00 Totals $5,009.73 $3,905.40 $1,104.33 Late st Other Credits Credits Credits Fees Fees Fees Collected Collected Collected Fees Paid Paid Paid Principal Interest Fees Added $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $216.71 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Principal Interest Fees Outstanding Outstanding Outstanding Outstanding Next Cash After After After Payoff Business Movement Payment Payment Payment Balance Day Date $15,000.00 $0.00 $0.00 $15,000.00 FALSE $15,000.00 $320.90 $0.00 $15,320.90 FALSE $14,748.66 $27.44 $0.00 $14,776.10 FALSE $11,872.12 $0.00 $0.00 $11,872.12 FALSE $11,872.12 $165.64 $0.00 $12,037.76 FALSE $11,445.15 $0.00 $0.00 $11,445.15 FALSE $11,445.15 $244.85 $0.00 $11,690.00 FALSE $11,094.61 $0.00 $0.00 $11,094.61 FALSE $11,094.61 $247.67 $0.00 $11,342.28 FALSE $11,094.61 $567.57 $0.00 $11,662.18 FALSE $11,094.61 $877.16 $0.00 $11,971.77 FALSE $11,094.61 $1,197.06 $0.00 $12,291.67 FALSE $11,094.61 $1,506.65 $0.00 $12,601.26 FALSE $11,094.61 $1,702.72 $25.00 $12,822.33 FALSE $11,094.61 $1,826.55 $25.00 $12,946.16 FALSE $11,094.61 $2,032.94 $50.00 $13,177.55 FALSE $11,094.61 $2,146.46 $50.00 $13,291.07 FALSE $11,094.61 $2,363.17 $75.00 $13,532.78 FALSE $11,094.61 $2,435.40 $75.00 $13,605.01 FALSE $11,094.61 $2,641.79 $100.00 $13,836.40 FALSE $11,094.61 $2,75§.31 $100.00 $13,949.92 FALSE $11,094.61 $2,817.23 $100.00 $14,011.84 FALSE $11,094.61 $2,941.06 $125.00 $14,160.67 FALSE $11,094.61 $3,033.94 $125.00 $14,253.55 FALSE $11,094.61 $2,817.23 $100.00 $14,011.84
