Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/17/2020 5:40 AM Reviewed By: D Harris Case #19CV358196 Envelope: 4946180 19CV358196 Santa Clara - Civil D Harris [\J \OOOQQUIAU) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1235185 GURSTEL LAW FIRM, P.C. Gloria Zarco (CASB #199702) Kimberlee Tsai (CASB #227426) Rachel Haney (CASB #308259) 9320 East Raintree Drive Scottsdale, AZ 85260 Telephone: (877) 344-4002 Fax: (877) 750-6335 Attorneys for Plaintiff, Absolute Resolutions Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY - SAN JOSE COURT Case No.19CV358196Absolute Resolutions Investments, LLC Plaintiff, DECLARATION IN SUPPORT OF vs. DEFAULT JUDGMENT Sonny Pak Defendant. I, the undersigned, declare under the penalty 0f perjury und er the laws 0f the State 0f California as follows: 1 . I am an attorney at law duly admitted and licensed t0 practice before the state co ufis of California and I have my professional office at 650 Howe Ave., Sfe. 200, Sacrament o, Sacramento County, California. 2. I am the attorney 0f record for Plaintiff in the abov‘eientitled matter. 3. SUMMARY OF CASE. This is a collections case. Plaintiff seeks to collect money damages from Defendant for an unpaid loan. This civil action arises from an agreement betweén WebBank as serviced by Avant, LLC (“Original Creditor”) and Defendant co nceming a loan, which Absolute Resolutions Investments, LLC ("Plaintiff') now owns. (a copy 0 fthe chain oftitle documents are attached hereto as Exhibit A). Defendant accepted t he terms and conditions of the Account by acceptance 0f the funds borrowed, and agreed to comply with the terms and conditions governing the loan, including repayment 0fthe loan along wit h any applicable fees and Absolute Resolutions Investments, LLC vs. Sonny Pak / Case No.2 I9CV358196 n»-1-.m‘:,m :.. omnm-r Arhorquh lurlnmpm 1 \OOONQUI-P 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interest to Original Creditor, and its successors in interest (a copy ofthe loan agreement is attached hereto as Exhibit B). Defendant defaulted on the agreement and failed to make payments as agreed. 4. CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1033 NOTIFICATION. As required by California Code 0f Civil Procedure §1033, prior to this lawsuit being filed our firm sent a letter t0 Defendant (a true and correct copy is attached hereto as Exhibit C). 5. COURT COSTS. Court costs in this matter amount t0 $287.58 and are recoverable under California Code of Civil Procedure §1033. a. The fee for filing the Summons and Complaint in this matter was $1 81 .00; b. The fees for service 0f process total were $75.00; c.The fees for electronic filing 0f the Summons, Complaint and Proof of Service were $3 1 .5 8. d. Accordingly, the costs in this matter total $287.58. 6. NONMILITARY STATUS. As required by the Service members Civil ReliefAct (“SCRA”) and item 9 0f our Request for Entry 0f Default, I reviewed the military status report indicating that Defendant is not 0n active military duty, and thus not entitled to the benefits ofthe SCRA. The report was generated by running Defendant’s name and social security number through the SCRA website. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed SeptemberL, 2020, at Sacramento, California. Dated: September. k0 , 2020 URSTEL LAW FIRM, P.C. I Rachel Haney Absolute Resolutions Investments, LLC vs. Sonny Pak / Case No.1 19CV358196 Declaration in Support of Default Judgment KOOONQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “A” ABSOLUTE RESOLUTIONS Investments: LLC vs. Sonny Pak / Case No.1 19CV358196 Declaration in Support of Default Judgment mg; BILL OF SALE For value received and pursuant to the terms and condition s of the Purchase and Sale Agreement dated as 0f June 28, 201 8, Avant, LLC, 0n behalf of Avant l1, LLC, Avant Of Alabama, LLC, Avant Of ‘ Arizona, LLC, Avant Of California, LLC, Avant Of Colorado, LLC, Av ant Of Delaware, LLC, Avant Of FIOIida,‘LLC, Avant Of Georgia, LLC, Avant Of Iowa, LLC, Avan t Of Idaho, LLC, Avant Of Illinois, LLC, Avant Of Indiana, LLC, Avant Of Kansas, LLC, Avant Of Kentuc ky, LLC, Avant Of Louisiana, LLC, Avant Of Maryland, LLC, Avant Of Maine, LLC, Avant O f Michigan, LLC, AVant Of Missouri, LLC, Avant OfNew Jersey, LLC, Avant OfNew Mexico, LLC, Avant Of Nevada, LLC , Avant Of Ohio, LLC, Avant Of Oklahoma, LLC, Avant Of Oregon, LLC, Ava nt Of Pennsylvania, LLC, Avant Of South Carolina, LLC, Avant Of South Dakota, LLC, Avant OfTennessee, LLC, Avant Of Texas, LLC, Avant Of Utah, LLC, Avant ofVirgim‘a, LLC, Avant Of Washington, LLC, A vant Of Wisconsin, LLC, Avant Loans Funding Grantor Trust 201 5-A, Avant Loans Funding Gran tor Trust 20 1 6~A, Avant Loans Funding Grantor Trust 2016-B, Avant Loans Funding Grantor Trust 20] 6-C, Avant Loans Funding Grantor Trust 2017-A, Avant Loans Funding Grantor Trust 2017-8, Avant Loans Funding Grantor Trust 2018-A, Marketplace Loan Trust, Series 2015-AV1, Marketplace Loan Trust, Series 2015-AV2, AMPLIT Trust ZOIS-A, v AvamCredit IV Trust, Avant PB SPV, LLC, Avant Credit Ill Trust, Avant Warehouse Trust l, Avant Warehouse Trust II, LLC, Avant Capital Partnership I Trust, Jefferies Funding LLC, Innovating Partners LLC, Guardian Investors LLC, Larkda'le I LP, Larkdale I} LP, Larkdale 1V LP, ACL Consumer Loan Trust V, Blackthorn 2017-A, CDYF 3 LLC, Candlewood Loan Acquisiti on, LLC, CE Evergreen Ltd., Echelon Capital Fund, L.P., Echelon special Opportunities Fun d, L.P., JAVT, JAVT Funding I, UMB Bank, National Association, not in its individual capacity, but solely as trustee of CL Title Trust I (collectively, “Sefl'ér”) , hereby assigns effective as of th e applicable Closing Date all of Seller’s rights, title and interest if) and to those certain chargcd-off loans and/or rela ted participation interests and all related receivables, judgments or evidences of debt described in Sched ule 1 attached hereto and made part hereof for all purposes to Absolute Resolutions Corporation (“ Puréhziééi'”). AVANT, LLC, V __ as Service rand rufitcrn'eytin-faqt; Exh A-l CUnfidemial STATE OF ILLINOIS ______qAFFIDAVII.0FSAL,E m5” COUNTY OF COOK ) Your Affiant, Tyler Palin, being first duly sworn, states under oath as follows: 1.». My name is, Tyler Palin. I am a Director and an Authorized Representative of Avant, LLC. I am over the age of eighteen and authorized to make this Affidavit on behalf of ' Avant, LLC, including all subsidiaries of Avant, ‘LLC listed in the chain of title set forth in item 4 below. If called as a witness, I can testify to a court competently as to my knowledge of the facts contained herein. The facts stated herein are within my personal knowledge and are based on my review ofthe relevant books and records available to me. As part of my regular job duties, I have access to and routinely review the account records maintained by or for Avant, LLC in the ordinary course of its business with regard to the sale and assignment of the accounts with the Loan IDs listed in Schedule 1 (“Sold Accounts”). The Sold Accounts were originated by WebBank, which transferred the Sold Accounts to Avant II, LLC (fl
COUNTY 0F COOK ) _i_ My Commission ExplresJun 22, 2021 E This instrument was acknowledged before me on the 7'” day of November 2018 by‘Tylér Palin, Director and an Authorized Representative of Avant, LLC. Notary 'I_.u_b Li‘ek Batch 43 Affidavit BILL ‘oiF'. 5-ng [aflfi ASSIGNMENT" THIS BILL OF SALE AND ASSIGNMENT dated June 28, 2018 by Absolute Resolutions Corporation (“Assignor”), a California corporation, with its headquarters at 8000 Norman Center Drive, Ste. r 350, Bloomington, MN 55437 to Absolute Resblutions Investments, LLC (“Assignee” , an Arizona limited liability company, with its headquarters at 8000 Norman Center‘ Drive, Ste. 350, Bloomington, MN 55437. For value received, the sufficiency of which is hereby acknowledged, Assignor does hereby sell, assign, transfer, convey, grant, bargain, set over and deliver to Assignee all of Assignor’s right, title and interest in and to the accounts more fully described on Schedule l attached hereto. Absolute Resolutions Corporation ,ir A V h x;rfl)nr _ Name: Chrisfopher Winkler By; Title: CEO S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 B . 1 “ C . ‘ I I F ? . l a a fi m s u a m m a m m m g m l u g m w m m V j , u ; m a m “ m a s k e j s s w ’ r I , m 2 : I z m ‘ > 5 1 a m 5 m m I P ' A K _ _ 1 l e m p l m e m * u S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 J w m a ‘ fi : S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 S c h e d u l e 1 . A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 1 a a s n e a p ‘ h a a é m a a z ’ E i fl a , i s m . ' ‘ " a m J E L ‘ s A M I N Q - R E A L S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 S c h e d u l e l A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 V a r t n ’ u n t S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 A M A N \ p _ , ‘ u ‘ m a g m a ; m e a fi b fi j a ' a ' w ‘ a m ' d fi z o z ‘ s ‘ g a ' r ‘ t ‘ e ‘ é i n v é fl fl é t w d m ‘ c m e h c ’ v g n ‘ a m “ V “ . J . " S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 ‘ A V ' ‘ " E e r ‘ a a ’ a a ' e ‘ f i ” - - 3 ' M a m . L L C S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 A w A x . A l j z “ 9 A . ' 1 ’ : ‘ u h a ‘ r i ‘ t h é i k ’ i i t fi i fi i fl i fi fi j a s i é a n m ‘ r a l a o w n m H i - I i é g l a ' k x g a ‘ a l d w ' ; . . » ' é fi f f i fi v fi t fi b fi d fl ’ p ‘ a fl u E f fi i ’ fl fi i ‘ i c h ' é fi g ‘ é fi é ' f ' fi l fi i fi n e ‘ ; r b p u ‘ t ‘ s t a fi a r a i g z ' : ' 5 5 » ) : W C c - r e ’ d i t ‘ F a a l m y . ' 1 ’ 0 1 - 1 2 1 2 0 1 7 2 2 3 6 . 1 3 | _ _ 3 3 4 1 . 3 S c h e d u l e 1 A v a n t C r e d i t C o r p o r a t i o n 6 / 2 8 / 2 0 1 8 AWN \OOONQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “B” ARROI‘UTE RESOLUTIONS Investmen ts, LLC vs. Sonny Pak / Case No .2 19CV358196 WchDank Loan AgJ‘qu-ml nml Pl'n|ni5.\'m'}“x\ltm: I can AngemguLm d. EromissgmN913; SECTION 2O OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. Date of Loan: December 9, 2014 I Loan No; .1024 Lender/Creditor: I K Borrower: Webbank sonny pak c/o AvantCredit 858 eden ave. V 640 N LaSalle St. Ste 535 San Jose, CA 95117 Chicago, IL 60654 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES Amount Financed Total of Payments The amount oi credit provided to (e) Y0” 0” Yourbehalf- The amount you will have paidThé aollaramouynttheflcrred wgll afteryou have made ail payments LIFEegostafioureredirééayeariyr wsmu- - I $5000.00 ,asscheduled .‘a‘e‘fj . j $4486.92“ ' Payment Schedule (e): You must make 47 monthly payments of $1 97.64, wilh the first payment due on or about Monday, January 12. 2015. and each subsequent payment due on the same‘day of each month thereafter. and a final payment of $197.84 due on Wednesday, December 12, 2018. However. if your due date is the 29m, 30m, or 315‘ and {he current month is shorter. your payment will be en the last day 0f the month.- Security: You are giving us the security of your Direct ACH Debit and/or Remotely Created Check authorization, as provided in Section 3(b) of lhis Note. Late Fee: You will be charged a late fee of 32500 if any scheduled p\ayment is not paid in fuII within 1O days afié%ils due date, Prepayment: If you pay this loan ofl early, you will not have to pay a penalty. See the remainder of this Note for additional information about nonpayment, default, and any required repayment in full before the scheduled'date. (e) me ans estimated Itemization of Amount Financed The Amount Financed is itemized as follows: Paid t0 you: §§QDQJ1Q Paid on account 0f outstanding loan from us: 50.00 chBnnk Loan Agreement and Prom issory Note Total Amcuni Financed: ¥ $599199 ADDITIONAL PROVISIONS 1. Status of Application; Fufiher Steps Before Appro val and Funding of Loan. This Loan Agreement and P romissory Note ( "Note" or ”Agreement") is betwe en the Bowower identified above (“you“and “your? and me Len der/Creditcr identified above (together w ith any person who obtains L ender/Creditors rights in this Note, "we, " "us" and “'our"). You have fargely completed the applica tion process for obtaining the loan described in this Note (the ”Loan"). We have not yet committed to make the Loan. We wm only be committed t o make the Loan I'f and when we initiate, i n Utah. a transfer oi fund s from our offices in Utah to me bank account you identify for (his purpose in the process of applying for the Loan. (References in this Note to "You r Bank Account" mean this ba nk account or any bank accoun t you subsequently iden tify as the accoum you wish lo use for making paymen ts.) 2. Loan Proceeds; Promis e lo Pay; Interest. If all conditions to fund ing the Loan are met (see Se ction 1) and the Loan is f unded: (a) the Loan procee ds will be deposited into t he Account; 8nd (b) YOU promise to pay t0 our order: (a) the principal sum of $5000.00; (b) simple interést on the outs tanding principa! balance, from December 12. 2014 through the earlier of ihe date your finai payment is due or the d ate the Loan is paid in full. at the daily rate of 0.098356 16%, which corresponds to an annual rate of 35.90%; and (c) any and a ll other amounts that become due and payabie under this Note (collectively. the “Debl“). 3. Note Payments. (a) This Note is pay able in 43 substantially e qual monthly installment s, Including (i) 47 payments o f $197.64, commencing Monda y, January 12. 2015; and (ii) a single final payme nt of lhe remaining amoun t outstanding under lhe Lo an. payable one month later (th e "Maturity Date" ). Payments wiil he due o n the same day of each month. Howe ver, if your due date is t he 29m, 30m. or 313‘. and the current month is shorter , your payment will be o n {he last day of me month. if any Payment is sch eduled on a date we are not o pen for business, then you a gree lo pay us on the next bu siness day, and we will c redit such payment as if we received it o n the appropriate Paymeni Date. On the Maturity Date. any unpaid Debtwill be payable in full. Unless modified by a Payment Plan, the final require d payment wilI liker vary som ewhat from prior required pa yments (and the estimated am ount in the TlLA Disclosur es) due to. among other things. any payments no t made on the scheduled payme nt date. the differing leng ths of months. and monthly a nniyersaries oi the funding date {hat fa" on days that are n01 busi ness days. (b) You may choose to repay by either of the following options belo w. The payment method check ed betow is based on your previous selecfion. Ycu understand that we wm process your payments provided in t he Payment Schedule in sub section (a) above by the me thod checked below, w hich gives you convenience and gives us secur ity that payments will be received on time. E Direct ACH Debit. By sel ecting the Direct ACH Debi! option, y ou hereby authorize us to initiate an electronic debit lo the checking accoun t you elect for (his purpose dun'ng the appiica tion process, hereinaft er called "Your Bank A ccount," at the depository fina ncial institution you ident ify during the ap plication process, hereinafter cal led "Depository." You auth on‘ze us to electronically debi t Your Bank Account in accor dance with lhese provis ions for amounts owing provided on each scheduled pay ment date. You also aut horize us to re-initiate su ch ACH debit a total of twqagditional limes (if necessary) for Ihe same amount if the ACH debit i5 dishonor ed. You acknowledge that the origination of an elect ronic debit lo Your Bank Accou nt must comply with the provisions pf U.S. law. Your Bank Account Informa tion. 1f there is any miss ing or erroneous informa tion regarding Depository or Your Bank Accbunt, then you authorize us to verify and correct the information . You promise that the infor mation that you provide to us relating to Your Ba nk Account corresponds Io a legiflmale , open and active accou nt and that you have {he righ t to initiate (and to auth orize us to initiate) electronic debits from Your Bank Account. Dams. You acknowledge th at this authorization is an authorization to initi ate an electronic debit to Y our Bank Accoum on or after each scheduled payment date and any payment dale inaluded in a Payment Plan‘ as set forlh i n (his Note. Termination. You understand and acknowledge that you may terminate {his authorizat ion by notifying us in s uch lime and manner a s t0 afford us and Deposilory a reasonab le oppodunity lo act on i 1. WebBank Loan Agr eement and Promisso ry Note Range of Debits and Notice of Vari ation. Our debits to Your Bank Accou nt will be in an amou nt between the amount oi the s cheduled payment and the to tal amount of any scheduied payment s pas! due at (he li me we initiate the debit, plus any additio nal charges and/ m fees incurred under thi s Note, or a les ser amount owing based on your payme nt history. On each sch eduled payment d ate, we will not de bit Your Bank Account for m ore than the sche duled payment pl us the total amount of scheduled payment s past due at ih e time we initiate the debit (plus additio nai charges and/o r fees, as appli cable) You may elec t to receive notice o f the date and amoun tof each debit th at varies from {he scheduled payment s in advance by coniacting us at 800-712-5407, or a t 640 N. La Safle DL. Suite 535 Chica go Illinois 60654 . If a debit amount will fall out side of the speci fied range, then we will electronically notif y you of the amoun t of the debit and the dale on or after which We will debit such amou nt, at least ten calendar days bef ore the scheduled deb it. Partial Prepaymen ts. If you make any partia! prepayment s, then you autho rize us to vary the am ount of the electr onic debit a s needed to reflect those parti al prepayments. Additional Amount s. You further auth orize us to initia te separate electr onic debits to Your B ank Account for any applicable amoun ts provided in this Note. You a lso authorize us to initiate separa te electronic debi ts to Your Bank Acc ount for any appli cable Late Fee or Dishonored Payment Fee. Full Force ' and Effect. This authorization wm remain in fut! forc e and effect unfit we h ave received writt en notificatio n from you of it s termination in su ch lime and in s uch manner as to afford us and Depos itory a reasonab le opportunity to act on it. You may send written notification by e- mail to support@av antcredit.com o r by mail to Avan tCredit. ATTN: Com pliance Departmen t, 540 N. La Sa ne DL. Suite 535 Chicago minois 60 654. Upon termina tion of this au thorization, you wi ll be deemed to hav e selected the Rem otely Created Che ck option ' below for all subse quent payments. Error Correctio n. In the event we ma ke an error in proc essing any payment. you authorize u s to initiate a payme nt to or from Your Bank Account to correct the error. Optional Electr onic Debit Auth drizalion. YOU ARE NOT (AND WERE NOT) REQUIRED TO SEL ECT THIS ELECT RONIC DEBIT AUTHORIZATION TO ENTER A TRANSACT ION WlTH US. THIS E LECTRONIC DEBIT AU THORIZATION IS FO R YOUR CONVENIEN CE IN PAYING. BY SE LECTING THIS O PTION‘ YOU ACKNO WLEDGE THAT YOU ARE VOLUNTARSLY CH OOSING TO PAY ELECTRONIC‘ALLY . _ Remotely Created Check. By selecting the Remo tely Created Ch eck option, you aut horize us to creat e paper checks be aring your typed name and other information as may b e required under ap pticable law, rather than your handwrinen signat ure, drawn on the checking or sav ings account you elect for this purpose dun' ng the appiication p rocess, herein after called "Your Bank Account, " at the depository financiai institut ion you identify dun'ng the applicat ion process, herein after cafled "Dep ository,“ and to s ubmit each check for payment to the Dep ository in the amou nt of each payment owing to us und er this Note on or after each s cheduled payment date and any pay ment date inclu ded in a Payment Pia n ("Remotely Crea ted Check"), ot hetwise known as a demand draft, telechec k, preauthorize d draft or paper d rafL You agree th at we may resubmit up to two times any Re motely Created Check that is dis honored. If a Remotely Created Check is retumed unpaid by Deposit ory. then you a uthorize us to cre ate and submit a Rem otely Created Ch eck for any appl icable Late Fee or Dishonored P ayment Fee. On eac h schedubd payme nt date, we will not submit a Remote|y Créatéd Check to Y our Bank Account for more than the scheduled payment plus the tdtal amou nt of schedubd p ayments past du e at [he time we submit the Remotely Cre ated Check (plus additional charg es and/or fees, as ap plicable). You agre e that your typed name or other desig nation mandated by applicable law wi n constitute your authorized sig nature fully reflecting your inte nt lo aulhenlica te any such Remo tely Created Ch eck. If you believ e we have charged Your Bank Account in a mahner not con templated by this author ization, then pl ease contact us . You authorize u s to vary the amou nt of lhe amount o f any Remotely Created Check as needed to (epay amounts owing. as modified by any pa mal prepayments . 4. Prepayment. You may prepay the De bt in whole or in p art at any time without penalty. 5. Fees and Charg es. (a) You will be charged a late fe e of $25.00 if any scheduled payment is not paid in full w ithin 10 days after its due date. (b) We will charge you a Dishonored Payme m Fee 0f $25.00 ea ch time any payment we inifiale or you ma ke in connection w ith this Nole or the Debt is chBnnk Loan Agreement and Promissory Non: returned unpaid. 6. Use of Proceeds. You promise that you will use the proceeds of the Loan for the purposes you have stated and notfur any student loan or any illegal purposes. 7. Defaulthemedies. If: (a) you fail t0 make any payment when due; (b) any bankruptcy, receivership or insolvency proceeding is initiated by or against you ur you make any assignment for the benefit of creditors: (c) you die; (d) you fail to keep any promise or meet any other obligation in this Note; (e) you fail to keep in force a bank account we can use to generéte electronic payments or Remotely Created Checks for monthly payments; or (f) 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 immediately due and payable, exercise any t_ig'nt provided by applicable law and, if the Debt is referred for collection to an aflomey who is not a salaried 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 of dishonof'), (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 time when you are in default. we do not require you 10 pay immediately'In fulf 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'm enforcing or exercising any of our rights. will waive those n'ghts [n whole or in part, regardleSS of how often we fail or delay-in enforcing or exercising such rights. To the fullest extent permitted by applicable law, no extension of time for payment of any part 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, modifyfamend. waive, extend, change. discharge. terminate or affect your unconditional liability, and that of any other person or patty who may become liable for the payment of all or part ofihe Debt. 9. Applicable interest and/or Loan Charge Maximums Will Be Observed. Notwithstanding any provision of 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 lo 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 reflem and be in compliance with the maximum permitted limit; and (b) any sums already collected, lo the extent such sums would otherwise exceed a permitted limit, will be refunded to you. We may choose to make this refund by reducing (he Debt andlor by making a direct payment to you. 10. Severabilily. The unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision ofthis Note. 11. Notices. All notices and other communications under this Note shall be given in writing and shall be deemed lo have been duly given and effective upon receipt if delivered in person, by recoéfiized 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 m accordance with the consent lo electronic communications you have executed or to the address We maintain for you in our records Any notice to us must be sent to AvantCredit, 640 N La Salle Dr. Suite 535 Chicago Hlinois 60654 unless a different address for notice Is later provided 1n writing by us lo 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 ai any time wilhout your permission. Unless prohibited by applicable law. we may do so without telling you. Your obligations under this Note apply t0 all of your heirs, successors and permihed assigns, if any. Our rights under this Note apply to us and each of our successors and assigns. Ownership of lhis Loan Agreement and Promissory Note (and rights hereunder, including with respect to principal and interest) shall be registered in a record of ownership \VchBank Loan Agreement and Promissory Nuts: maintained by an entity specifically designated for such purposes, acting soleiy for this purpose as your irrevocably appointed agent. Any assignment or transfer of, or participation in. [his Loan Agreement and Promissory Note (or rights hereunder) will be valid only if and when il is registered in such record of ownership. You shall [rear each person whose name is registered in me record of 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 of principal and interest. 13. Governing Law. Except k5 the extent, if any. prohibited by applicable law, this Note and all controversies relating to this Note are governed by federal law and. to the extent state law applies, the law of lhe Slate of' Utah. 14. Amendment. This Note may not be amended, modified or limited except by a written agreement executed by hoth you and us. 15. Contacting You; Phone and Text Messages. Ydu authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties“) to contact you using automatic telephone diaring systems, arflficial or prerecorded voice message systems, text messaging systems and automated email systems in order to pruvide you wilh information about this Nuté 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 withypu Loan application, the Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parfies or any other matter. You understand that anyone with access to your telephone or email account may listen t0 or read the messages lhe Messaging Pames leave or send you, and you agree that [he 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 Internet services. and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Patties 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 Repofis and Monitoring. We may obtain credit repods on you on an ongoing basis until this Note is paid in full. We may repoxt information concerning your performance under this Note lo credit reporting agencies. Late payments. missed payments or other defaults on this Note may be reflected in your credit report. 17. Credit Bureau‘Disputes. If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, call us at 800-71 2-5407 or send an email lo us at support@avantcredit.com. You will need to provide your Loan Number aiong with a copy of your credit bureau report reflecting lhe information that you believe is inaccurate. lfyou believe lhatyou 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 nol 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. Any communication with us required or permiued undek the United Stales Bankruptcy Code must be in writing, must include your Loan Number and must be sent to us at AvantCredit, 640 N, La Salle Dr., Suite 535 Chicago Illinois 60654. Attn: Bankruptcy Notice. 19. Non-Negotiable Instrument. This Note is no! a negotiable instrument. 20. Arbitration Provision. (a) Effect of Arbitration Provision; Right to Reject. (i) Unless prohibited by applicable law and unless you reject this Arbitration Provision in accordance with chBank Loan Agmcmum an d Prumissmy Non: subsection (a)(ii) belo w. you and we agree that either pany may elect to arbitrate or r equire arbitration of any Claim u nder this Arbitration Pr ovision. (ii) If you r do notwant this Arbitrat ion Provision to apply, you may reject it within 30 days aft er the date of this Note by giv ing us notice of rejection in accordance with“ I 11. The rejection notice m ust: (A) provide your name and address and Loan Number; and (B) state that you are rejecting the Arbitr ation Provision in this Note. Nobody else can r eject arbitration for you (excep t an attorney at law you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right t o this Note or the [ems of thi s Note apan from this Arbitration Pr ovision. (b) Certain De finitions. As used in this Arbi iraiion Provision, the foilowing terms have the folk‘ming meanings: (i) References to "we," “us" and "our“ include WebBank, Avant Credit Corporation ("Avant"), any assignees of this Note or interests in thi s Note, and an "'Related Parties“ - “Related Parties“ means all of our parent companies, su bsidiaries and affiliates. and all of the employees, directors, officers, shareholders, governor s, managers and members Web Bank, Avant and other Re lated Panies. Our "Related Parties" also include thir d padies that you bring a Claim against at the same t ime you bring a Claim ag ainst us or any other Rel ated Party. (ii) "Claim“ means any ciaim, dispute or c ontroversy between you and us (including any Relate d Party) that arises fro m or reiates in any way to th is Note or the Debt (including any amen dment, modification or ex tension of this Note); any prior note from you to us; any of our marketing, adver tising, solicitation s and conduct relating to this Note or any such prior note; our collection of any amou nts you owe; or our disciosu re of or failure to prote ct any information a bout you. "Clai m" is to be given the broades t reasonable meaning and inciudes claims of even/ kind and nature, including but not limited to, initial claims, counterclaim, cross~c laims and third-party claims. and claims based on consti tution. statute, regulati on. ordinance, common law ml e (including rules relati ng to contracts. torts. negligence. fraud or other inlentional wrongs) and equity. It includes disp utes that seek relief of any type, including damages andf or injunctive, declaratory or olher equitable relief. Despite the foregoing. “Claim" does not include any individua l action brought by you in small claims court or your state‘s equivalen t court unless such action is transferred, removed, or appeaied to a different cou rt. In addition, except as set forth in the immed iately following sentence, "Claim" does not inciude disputes about the validity. enforcea bility. coverage or scope of this Arbikafion Provis ién or any part thereo f Onciuding, wfthout lim itation, subsections (mm). (Dfiv) and/or (1)01) (the "Class Action and Multi-Party Cla im Waiver“), the last sen tence of subsection (j) andlor [his sentence); all SUCh disputes are for a com and not an arbitrator to decid e. However, any dispu‘e or argument that concerns the validity or enforceability of this Note as a whole is for Ihe a rbilrator, not a‘co urt. to decide. (iii) "Proceeding" means any judicial o r arbitration proceeding regarding any Claim. ”Com plaining Party" means the party wh o threatens or asserts a C laim in any Proceeding and "Defending Party" means the pany who is a subject of any threa tened or actual Claim. "Claim Notice" means written n otice 0f a Claim from a Complaining Party lo a Defending Party. (c) Arbitratio n Election; Administrat or; Arbitration Rules. (l) A Proceeding may be commenced after the Co mplaining Party compli es with subsection (k). The C omplaining Party may comm ence the Proceeding either as a Iawsuit or a n arbilrélion by following ihe appropn‘ale fifing procedures for the count or the arbitration administr ator selected by the Complaining Party in accordance with this subsection (c). If a lawsuit is filed, { he Defending Party may elect to demand arbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. If the Compla ining Pany initially asser ts a Claim in a lawsuit on a n individual basis but then seeks lo assert lhe Cla im on a class. repiesentalive or mulli-party basis. the Defending Party may then e lect to demand arbitration. A deman d to arbitrate a Claim may b e given in papers or motions fn a lawsuit. If you demand that we arbitrate a Cla im initially brougm against you in a lawsuit. your demand win constitute your consent to arbitrate the Claim with the admi nistrator of our' choice, even if the a dministrator we choose does no t typically hand1e arbitr ation proceedings in itiated against consumers. (m Any arbitra tion Proceeding shall be c onducted pursuant t0 th is Arbitration Provisio n and the applicable rules of the arbitration admi nistrator in effect a t the time the arbitration is commen ced. The arbitration admini strator will be the Ameri can Arbitration Association ("AAA“), 1633 Broadway, 10m Floor, New York, VNY 10019, www.adr .org.; JAMS, 620 Eighth A venue, 34th Floor, New York , NY 10018. www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot o r will nol serve and the pan ies are unable to setect a n arbitration adminislrat or by mutual conse nt. the administrator will be sel ected by a coun. Notwi thstanding any languag e in [his Arbitration Provisio n to the contrary, no arbi tration may be administer ed, without the consent of al l patties to the arbitrat ion, by any arbitration administrator that has in pla ce a formal or informal pol icy lhatvis incons istent wilh the Class Action and MultLPart y Claim Waiver. The arbitra tor will be selected unde r the administrator's ruies. e xcepl that (he arbitrator must be a lawyer with al least ten years of experie nce 0r a retired judge un less the panies agree otherwise. (d) N0n«Waiver . Even if all parties have elect ed to litigate a Qiaim in court, you or we may elect arbit ration with respect to any Claim made by a new party or chBank Loam Agrcumcm and Promissory ch any new Claim asserted in [hat lawsuit (including a Claim initially asserted 0n an individual basis hut modified to be assened on a ctass. representative 0r multi-party basis), and nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. This Arbitration Provision will apply to all Claims, even ifthe facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision. (e) Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the papers submitted by the parties andlor through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for-‘you. We will consider any good faith request you make for us to pay the administrator's or arbitrator’s filing, administrative. hearing andlor otherfees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree t0 pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision (o be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration Proceeding or ii we are required Io pay such amounts by applicable law or by the administrators rules. The arbitrator shall not limit the aflomeys‘ fees and costs lo which you are entitled because your Ctaim is for a small amount. Notwithstanding any Ianguage in this Arbitration Provislon to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 1 1(b)), then ihe arbitrator may award attorneys' and other fees related to such Claim or defense {o [he injured party so Iong as such power does not impair the enforceability of this Arbitration Provision. (f) No Class Actions Or Similar Proceedings: Special Features OfArbiKration. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) HAVE A COURT OR A JURY DECIDE THE CLAIM; (ii) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD lN COURT; (iii) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBlTRATlON, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (iv) ACT AS A PRIVATE ATFORNEY GENERAL IN COURT OR IN ARBITRATION; OR] (v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. (g) Getting Information. In addition to the panies' rights under the administrator‘s rules lo obtain information prior to the hearing. either party may ask the arbitrator for more information from the other party. The arbitrator will decide ihe issue in his or her sole discretion, after allowing the other party ihe opponunity to object. (h) Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The amitratofs award will‘ be final and binding. except for: (i) any appeal right under the Federal Arbilration Act, 9 U.S.C. §1, et seq. (the 'FAA"); and (ii) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000. any party may appeal the award to a three-arbitrator pane! appointed by the administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be fina! and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with subsection (e) of this Arbitration Provision. (i) Governing Law. The Note involves interstate commerce and this Arbitration Provision shall be governed by lhe FAA, and not Federal or state rules of civil procedure or evidence or any slate laws that penain specifically to arbitration. The arbitrator is bound by lhe terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and afifilicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and olher equitable relief. and attorneys' fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusibns on which the award is based. (j) Survival. Severability, Primacy‘ ln the event of any conflict or inconsistency between this Arbitration Provision and the administrator’s rules 0r the rest of this Note, this Arbitration Provision will govern. This Arbitration Provision shall survive the full paym ent of any amounts due under this Note; any rescission 0r cancellation of this Note; our sale or transfer of this Note 0r our n'ghts under this Note; any legal proceeding by us to collect the Debt; and your (0r our) bankruptcy. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply, However, if the Ciass Action and Mulli-Pany Claim Waiver is declared invalid in a proceeding between you and us. without in any way impairing the n'ghl to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such p(oceeding. WebBank Loan Agxccmcnl and Promissory Note (k) Pre-Dispute Resolution P(ocedure. Before a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1 ) a Claim Notice providing at least 30 days‘ written notice of the Claim and explaining inrreasonable detail the nature of the Claim and any supporting facts; and (ii) a reasonable good failh opportunity t0 resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send any Claim Notice to us in accordance with 11 11. If we are the Complaining Party, we will send (he Claim Notice to you in accordance with 1] 11 or, If you are represented by an anomey to your attorney at his or her office address If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice'Is received the Complaining Party may commence a Proceeding, subject to the terms of this Arbitration Provision Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlementoffer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party Is entitled (before the application 0f subsection (I) of this Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability 0r damages. . (l) Special Payment if: (i) you submit a Claim Notice in an arbitration Proceeding on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including liming and confidentiality requirements) of subsection (k); (ii) we refuse to provide you with the money damages you request; and (iii) the arbitrator issues you an award that is greater than the latesi money damages you requested at least ten days before the date the arbitrator was selected. then we will pay you the amount of ihe award or $7,500. whichever is greater, in addition to the attorneys' fees and expenses Gncluding expert witness fees and costs) to which you are otherwise entitled. We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award lhat applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this subsection (l). 21. State Notices and Special Provisions. All Borrowers, including Califomia/New York/Rhode Island/UtahNermont Residents You give us and our agents, successors, and assigns permission t0 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 othér Iegitimate purposes associated with this Note. Upon your request. you will be informed of whether or not a consumer credit report was ordered, and if itwas, you will 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 [o a credit reporting agency if you faIT to fulfill the terms of your credit obligations. All Borrowers, Including Iowa. Maine / Missouri / Nebraska [Oregon / Texas/ 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 prolectyou (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 slatemenl of the agreement between us, except as We may later agree in writing to modify. All Borrowers, induding IOWa and Kansas Residents NOTICE 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 penalfy. 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 Granlor Closed-End Credit Provisions in Title 12. Subtitle 1O of the Commercial Law Code as the applicable Maryland law. WchBank Loan A grucnmm and Pmmi ssm‘y N010 Massachusetts R esidents Massachusetts law prohibits di scrimination base d upon marital status or sexua l orientation. New Hampshire Resi dents You shall be awa rded reasonable attorney‘s fee s if you prevail i n any legat actio n you bring agai nst us or we brin g against you. if you'success fuily assert a p artial defense, set~off or count erclaim against us in an action we bring against you, the com or arbitrator may wi thhold from us the entire amou nt or such porti on of the attor ney‘s fees as it considers equi table. You or you r attorney may fi le a complain t with the New H ampshire Commi ssioner 0f Bank ing, State o f New Hampshire Banking Department, 53 Regional Dri ve, Suite 200 , Concord NH 03 301. instruction s for filing com plaints can be found on the Commissioner’ s website at ww. nh.gov/bankin glconsu mer-ass istance/compl ainthtm. Ohio Residents The Ohio laws a gainsi discrim ination requir e that ail cre ditors make credi t equally availa ble to all credit worthy custome rs, and lhat cr edit reponing agencies maintain separ ate credit histo ries on each in dividual upon re quest. The Ohio Civil Rights Comm ission administ ers compliance with this law . Married Wiscons in Residenis 1f you are m arn'ed: (1) You co nfirm mat the L oan is being i ncurred in th e interest of your marriage or fami ly. (2) No provi sion of any m arital pfopeny agreement, uni laieral agreeme nt, or court d ecree under Wisconsin's Mar ital Property A ct will adversei y affect a cr editor‘s intere st unless pri or to the tim e credit is grant ed. the credi tor is furnishe d a copy of th at agreement o r decree or is g iven complete i nformation abo ut the agreeme nt or decree. (3) You understand and agree that we will provide a copy of this Note to y our spouse fo r his or her infor mation. BY CONSIDERING AND TAKING ACTIO N ON YOUR APPLI CATION FOR THE LO AN. WE AGREE TO T HE TERMS OF TH IS NOTE, INCL UDING THE ARBITRATION PR OVISION. BY CLICKING THE BUTTON BELOW RE ADING " l AGREE," YOU ACKNO WLEDGE THAT YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY OF THIS NOTE . YOU UNDERST AND THIS NOTE A ND YOU AGREE TO ITS TERMS, INCL UDING THE ARBIT RATION PROV!S ION. r CAUTION~IT IS I MPORTANT THAT YOU THOROUGH LY READ NOTI CE TO BORROWER N T, THE CONTRACT BE FORE YOU 8‘6 I (a) DO NOT SIG N THis NOTE BEF ORE YOU READ THE WRITING ABOVE. EVEN IF OT HERWISE ADVISED . (b) DO NOT SIGN THlS NOTE IF IT C ONTAINS ANY BL ANK SPACES. (c) YOU ARE EN TiTLED TO AN EX ACT COPY OF AN Y AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT AN Y TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS N OTE. J [E AGREE} Customer Signat ure: Name: sonny pak Last4 SSN: '3; Signed At: Decemb er 09, 2014 15:1 4 WebBank Loan Agreement and Promissory Nolc CustomerIDzfi SIGNATURE: 454f725EJ31766658f56462044700228d695846cd 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. Aviso a solicitantes de prestamos en Arizona: Tiene el derecho de solicitar la declaracién de divulgacién inicial prescribida en fa legislacién de Veracidad de > crédito (Truth in Lending Act-15 United States Code §§ 1601 through 1666j) en Espafiol antes de firmar cualquier documento de prestamo. OOQQUI-h \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “C” “mm HTF RESOLUTIONS Investments, LLC vs. Sonny Pak / Case N0.: 19CV3581 96 fAIl Cunapendénce. W V ' 9320 East Raintree Drive l _ g U r8 e Scottsdale. AZ 852607 . l , f Pa’ men! Processin Address: " I 1 r, 6681 Country Ciub Drive August l E ), 20] 9 aw ' r ' F3 C’ Golden Valley. MN 55427 {877) 344-4002 Phone (s77) 750.5335 Fax ww.gurstel.com sonny Pak > Offices'ln Minnesota. Afizona.»lowa.' 3 148 E1 Camino Real Ste 109 “6W1 ”‘3'“ W‘5°°C”;:;;:2§ Santa Clara CA 95051 RE: Current Creditor: Absolute Resolutions Investments, LLC Original Creditor: WebBank as serviced by Avant, LLC Account Number: * * 1 O24 I Balance: $1670.43 Our file: 1235185 Dear Sonny Pak: We represent Absolute Resolutions Investments, LLC. We have attempted t0 resolve this account with you t0 no avail. Ifwe are unable to resolve this matter within ten (1 O) days of the date 0fthis letter, our client has authorized us to commence a lawsuit to collect the balance owing 0n the above- referenced account. - Please be advised that ifyou fail t0 take this opportunity to pay your obligation we will proceed with the filing 0f a lawSuit against you. You are hereby notified that pursuant t0 California Code of Civil Procedure Section 1033, if in the event we file a lawsuit against you, you will‘be potentially liable for not only the payment of your debt, but for the actual cost 0f the filing fee, the actual cost 0f service 0f process: and, when otherwise specifically allowed by law, reasonable attorney fees, in accordance with California law. ' 7 This firm may be contacted at 1-877-344-4002. Account Representatives are available to take your call Monday-Friday 8 am. to 7 pm. CT. This communication is from a debt collector. This is an attempt t0 collect a debt and any information obtained will be used for that purpose. Sincerely, I GURSTEL LAW FIRM, P.C. Attorneys at Law