Complaint Limited Up to 10KCal. Super. - 6th Dist.June 16, 202010 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 GOLDSMITH & HULL, APC 19001187 Stephen R. Goldsmith Bar #291555 William I. Goldsmith Bar #82183 16933 Parthenia Street Ste. 110 Northridge, CA 91343 (818) 990-6600 Phone (818) 990-6140 fax Attorneys for Plaintiff E-FILED 6/16/2020 9:25 AM Clerk of Court Superior Court of CA, County of Santa Clara ZOCV367324 Reviewed By: Y. Chavez SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE SUPERIOR COURT Velocity Investments, LLC Plaintiffs, vs. LINNEA QUAI HOI aka LINNEA R HOI aka LINNEA R HICKMAN and DOES l through 30, Inclusive Defendants. vvvvvvvvvvvvvvvvv ZOCV367324 Case No. COMPLAINT FOR MONEY Limited Jurisdiction Case: AMOUNT OF DEMAND: $8,390.43 COMES NOW PLAINTIFF, who complains and alleges as follows: INTRODUCTION l. The obligation sued upon herein is payable in the County' of SANTA. CLARA, State of California, in the above mentioned judicial district because defendant(s) LINNEA QUAI HOI aka LINNEA R HOI aka LINNEA R HICKMAN in the above- listed county and judicial district. 2. The true names and capacities of the Defendants sued herein as DOES l THROUGH 30, INCLUSIVE, whether COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 2 0 21 2 2 23 24 25 2 6 2 7 2 8 individual , corporate , associates , otherwise , are unknown to the Plaintiff at the present t ime , and Plaintiff therefore , sues said Defendants by such fictitious names . Plaintiff wi l l amend this complaint to allege their true names and capacities when the same shall be ascertained . 3 . At all times mentioned each Defendant herein was the employee , agent and servant of each of the other Defendants and in doing the things herein alleged, was acting within the course and scope of their authority as such and with consent of each other Defendant . 4 The underlying obligation of this action i s not covered by the provisions of the Unruh Act , or the Rees - Levering Motor Vehicle Sales and Finance Act , and i s not subj ect to the provisions of the Sections 1812 . 1 0 , and/or 2 984 . 4 of the California Civil Code . 5 . Defendants opened an Account where WebBank ( " Original Credi tor" ) and Avant , Inc . ( " Loan Servicer" ) serviced the account from WebBank . The account number with the original creditor was XXX8 8 9 . WebBank is the originator of the Account . WebBank transferred the loan to Avant , Inc . conveying all rights , t itles and interest . Avant , Inc . is the Charge -off Creditor . Due to Defendants ' non-payment of the Account , the Original Creditor charged-off and sold the account to Plaintiff . All records of the Original Creditor , which pertain to Defendants and which record the acts , events and conditions made at or near the time and which records were kept in the course of regularly conducted bus iness activity pursuant to the Original Creditor ' s regular pract ice COMPLAINT FOR MONEY 2 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of making and keeping such records, including, but not limited to account statements, were transferred and assigned to Plaintiff as part of the sale, transfer, assignment and/or conveyance of Defendants' Account from the Original Creditor to Plaintiff. 6. The last activity on the Account, including but not limited to any" charges, payments, or charge offs occurred within. the last four years. Thereafter, the Account was closed for non-payment. 7. Velocity Investments, LLC (“Plaintiff”) is a debt buyer. Plaintiff is the sole owner of the debt at issue. As such, the Account was thereafter, sold, transferred, assigned and conveyed to Velocity Investments, LLC (“Plaintiff") with full power and authority to do and. perform all acts necessary for the collection settlement, adjustment, compromise or satisfaction of said claim. 8. The amount owed by Defendant to Charge-off Creditor at the date of charge off, 1213012017, was $8,390.43. This amount is reflected by a post-charge-off interest of §1I056.48 and post-charge-off fees of $145.00. 9. The last date of payment made by the Defendant was August 3, 2017. 10. The charge-off creditor is Avant, Inc. The Charge- off Creditor’s address is 222 N. LaSalle St., Suite 1700, Chicago, IL 60601, USA and the account number associated with the charge-off creditor is XXX889. 11. The last known address the charge-off creditor had for the defendant is 1241 SANDRA DR SAN JOSE CA 95125 . COMPLAINT FOR MONEY 3 lO ll 12 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 12. The following are the companies and/or individuals and their addresses who purchased the defendant’s debt: WebBank: 215 South State Street, Suite 1000, Salt Lake City, UT 84111; Avant, Inc.: 222 N. LaSalle St., Suite 1700, Chicago, IL 60601; Velocity Investments, LLC: 1800 Route 34 North Suite #401, AWall, New Jersey 07719. 13. Plaintiff has complied with Section 1788.52. 14. A copy of document(s) attached as Exhibit 1 shall serve as fulfillment of Section 1788.52(b) and is attached to the complaint. I FIRST CAUSE OF ACTION FOR OPEN BOOK ACCOUNT CODE OF CIVIL PROCEDURE SECTION 337a 15. Plaintiff hereby incorporates each and every allegation as contained in paragraphs 1 through 14 as though fully set forth at length. 16. Plaintiff alleges that within the last four years, on or about August 3, 2017, the Defendants became indebted to Avant, Inc. on the Account based upon an open book account for money due, at the special insistence and request of the Defendants, for goods, wares, merchandise or services rendered at the agreed upon sum of $8,390.43. Defendants failed and refused to pay the amounts owing to Avant, Inc. on said Account. The Account was thereafter, sold, transferred, assigned and conveyed to Velocity Investments, LLC with full power and authority to do and perform all acts necessary for COMPLAINT FOR MONEY 4 10 ll 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 the collection settlement, adjustment, compromise or satisfaction of said claim. 17. That although demand has been made upon the Defendants neither the said sum or any portion thereof, has been paid, and that there is now due, owing and unpaid, despite the Plaintiff's demand, the sum of $8,390.43, plus pre-judgment interest at the legal or maximum rate allowed by law from August 3, 2017. l; SECOND CAUSE OF ACTION FOR ACCOUNT STATED 18. Plaintiff hereby incorporates each and every allegation as contained in paragraphs l through 17 as though fully set forth at length. 19. That within the last four years, the Account was stated in writing by and between Avant, Inc. and Defendants failed and refused to pay the amounts owing to Avant, Inc. on said Account. The Account was thereafter, sold, transferred, assigned and conveyed to Velocity Investments, LLC with full power and authority to do and perform all acts necessary for the collection settlement, adjustment, compromise or satisfaction of said claim. Thus, within the last four years an account was stated wherein it was agreed that the Defendants, and each of them, were indebted to Avant, Inc. and thereafter by assignment to Plaintiff in the sum of $8,390.43, plus pre-judgment interest, at the legal or maximum rate allowed by law from August 3, 2017. No part of that sum has been paid. COMPLAINT FOR MONEY 5 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 g THIRD CAUSE OF ACTION FOR REASONABLE VALUE 20. Plaintiff hereby incorporates each and every allegation as contained in paragraphs 1 through 19 as fully set forth at length. 21. That within the last four years, the Defendants and each of them, became indebted to the Plaintiff in the amount of $8,390.43, plus pre-judgment interest thereon, at the legal or maximum rate allowed by law from August 3, 2017, representing the reasonable value of the goods, wares, merchandise or services rendered and provided to the Defendants by Avant, Inc. at the Defendant's special insistence and request. fl FOURTH CAUSE OF ACTION FOR COMMON COUNT 22. Plaintiff hereby incorporates each and every allegation as contained in paragraphs 1 through 21 as fully set forth at length. 23. That within the last four years, on or about, August 3, 2017 Defendants became indebted to Plaintiff in the sum of $8,390.43 for money had and received by Defendants for use and benefit of Plaintiff. Plaintiff has repeatedly demanded payment from defendant. 24. No payment has been made by Defendants to Plaintiff, and there is now owing the sum of $8,390.43, with interest on that amount from August 3, 2017. COMPLAINT FOR MONEY 6 lO ll 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff prays for Judgment against the Defendant(s) and each of them, for each cause of actions, as follows: 1. For the sum of $8,390.43; 2. For pre-judgment interest thereon at the legal or maximum rate allowed by law from August 3, 2017; 3. For costs of suit incurred herein; and 4. For such other and further relief as the court may deem just and proper. DATE: March 27, 2020 GOLDSMITH & HULL, APC Stephen R. Goldsmith William I. Goldsmith Attorneys for Plaintiff COMPLAINT FOR MONEY 7 EXHIBIT “ 1 ” BILL OF SALE For value received and pursuant to the terms and conditions ofthe Purchase and Sale Agreement dated as of March 28, 201 8, Avant, LLC, on behalf of Avant II, LLC, Avant Of Alabama, LLC, Avant Of Arizona, LLC, Avant Of California, LLC, Avant OfColorado, LLC, Avant Of Delaware, LLC, Avant Of 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 Of New Jersey, LLC, Avant OfNew Mexico, LLC, Avant OfNevada, LLC, Avant Of 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 OfTexas, LLC, Avant Of Utah, LLC, Avant of Virginia, LLC, Avant Of Washington, LLC, Avant Of Wisconsin, LLC, Avant Loans Funding Grantor Trust 20] S-A, Avant Loans Funding Grantor Trust 20] 6-A, Avant Loans Funding Grantor Trust 20] 6-B, Avant Loans Funding Grantor Trust 20]6~C, Avant Loans Funding Grantor Trust 20] 7-A, Avant Loans Funding Grantor Trust 20 l 7-B, Marketplace Loan Trust, Series 20 l S-AV l , Marketplace Loan Trust, Series 201 S-AVZ, Marketplace Loan Grantor Trust, Series 20] S-AVI, Marketplace Loan Grantor Trust, Series 20] 5-AV2, AMPLIT Grantor Trust 20] S-A, AMPLIT Trust 20] S-A, AvantCredit 1V Trust, Avant PB SPV, LLC, Avant Credit Ill Trust, Avant Warehouse Trust l, Avant Warehouse Trust ll, Avant Capital Partnership l Trust, Jefferies Funding LLC, JAVT, Innovating Partners LLC, Guardian Investors LLC, Larkdalc l LP, Larkdale ll LP, Larkdale IV LP, ACL Consumer Loan Trust V, CDYF 3 LLC, Candlewood Loan Acquisition, LLC, CE Evergreen Ltd., JAVT Funding l, Echelon Special Opportunities Fund, L.P., Echelon Capital Fund, L.P. UMB Bank, National Association, not in its individual capacity, but solely as trustee of CL Title Trust l, Blackthorn 2017-A, (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-of‘f loans 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 g“Purchaser”). AVANT, LLC, as Servicer an tomey-in-fact -- By: 64, (J , _ Date: _3/29/201 8 Title: _President _ Confidential CERTIFICATE OF LOAN SALE WebBank, a Utah-chartered industrial bank located in Salt Lake City, Utah (“Originator”), hereby certifies that: 1. Originator originates loans that are serviced by Avant, LLC. 2 . Each ofthe loans identified by loan number on the attached Schedule l (each, a “Loan”) was originated by WebBank. 3. On or about the respective “{Closing Date]” set forth on Exhibit A, Originator transferred or otherwise conveyed to Avant ll, LLC (“Avant II“) each Asset identified on Schedule l. 4. Originator transferred, assigled, and conveyed to Avam II and its successors and permitted assigns, all right, title and interest the Originator held in each Asset free and clear of any lien created by Originator, except for any interest ofAvant Il and its affiliates. 5 . Avant, Inc. was Servicer ofeach Asset from the origination of the Asset to the sale by Originator to Avant II. 1n its role as servicer ofthe Asset, during the period Originator owned the Asset, Avant, LLC. kept and maintained business records on behalfofthe Originator in the regular course of business. WEBBA B : Name:W Sinnfia’é Title: vf__ Em“, Date: G/{L/zpl 8 498599 498830 500439 501160 502073 504700 504775 505086 506044 507282 507465 507519 508344 508980 509760 510111 511138 511563 513583 516334 517867 518361 520230 520602 522701 523809 526318 526723 527883 532263 534707 535485 536618 536692 537415 538379 538955 539164 540876 544465 544774 545183 545596 549891 550479 552960 553393 555403 555588 555779 556057 556575 557498 559312 559348 560499 562244 563513 563561 563590 563865 564830 565191 568513 570676 571049 574696 575663 576092 576587 2015-01-12 2015-01-12 2015-01-13 2015-01-12 2015-01-13 2015-01-14 -13 2015-01-15 2015-01-14 2015-01-14 2015-01-14 2015-01-14 2015-01-14 2015-01-16 2015-01-14 2015-01-15 2015-01-15 2015-01-15 2015-01-15 2015-01-22 2015-01-20 2015-01-20 2015-01-21 2015-01-21 2015-01-22 2015-01-22 2015-01-22 2015-01-23 2015-01-22 2015-01-27 2015-01-26 1015-01-26 2015-01-28 2015-01-26 2015-01-28 2015-01-27 2015-01-27 2015-01-27 2015-01-28 2015.01-28 2015-01-28 2015-01-28 2015-02-02 2015-02-02 2015-02-09 2015-02-03 2015-02-03 2015-02-04 2015-02-04 2015-02-04 201502-04 2015-01-04 2015-02-11 2015-02-05 2015-02-06 2015-02-06 2015-0209 2015-02-11 2015-02-09 2015-02-09 2015-02-10 2015-02-10 2015-0241 2015-02-11 201502-19 2015-02-13 2015-02-17 2015-02-18 2015-02-18 2015-02-18 EXHIBITA 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-0348 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 201803-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03~28 201803-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 2018-03-28 201803-28 2018-03-28 2018-03-28 LLC LLC lLC LLC LLC LLC LLC LLC LLC LLC Investments, LLC Investments, LLC LLC LLC Investments, LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC Investments, LLC LLC Investments. LLC LLC Investments, LLC LLC LLC LLC LLC LLC lLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC LLC Investments, LLC Investments, LLC LLC LLC LLC LLC 4/22/2020 WebBank Loan Agreement and Promissory Note Loan Agreement and Promissorv 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 0N YOUR RIGHTS, INCLUDING YOUR RIGHT T0 BRING 0R PARTICIPATE IN A CLASS ACTION. Date of Loan: January 16, 2015 Loan No.1 889 LenderICreditor: Borrower: Webbank Linnea Quai Hoi c/o AvantCredit . 640 N LaSaIIe St, Ste 535 Chicago, IL 60654 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES ANNUAL FINANCE Amount Financed Total of Payments PERCENTAGE CHARGE (e) The amount of credit provided to (e) RATE The dollar amount the creditwiu V°”°”y°“’beha”' The amount you will have paid The cost of your credit as a °°Sty°”' $1 0000,00 after you have made a" yearly rate $11 675.1 5 payments as scheduled. 35,99% $21675.15 Payment Schedule (e): You must make 59 monthly payments of $361 .25, with the first payment due on or about Sunday, February 22, 2015, and each subsequent payment due on the same day of each month thereafter, and a final payment of $361 .40 due on Wednesday, January 22, 2020. However, if your due date is the 29‘“, 30‘". or 315‘ and the current month is shorter, your payment will be on the last day of 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 this Note. Late Fee: You will be charged a late f'ee of $25.00 if any scheduled payment is not paid in full within 10 days after its due date. Prepayment: If you pay this loan off 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 'n full before the scheduled date. (e) means estimated Itemization of Amount Financed The Amount Financed is itemized as follows: file:///F:NELOCITY - 2019/AVOO5373/509889. html 1/1 0 4/22/2020 WebBank Loan Agreement and Promissory Note Paid to you: 510000.00. Paid on account of outstanding loan from us: £0.00 Total Amount Financed: § 10000.00 ADDITIONAL PROVISIONS 1. Status oprplication; Further Steps Before Approval and Funding of Loan. This Loan Agreement and Promissory Note ("Note" or "Agreement") is between the Borrower identified above ("you"and "your") and the Lender/Creditor identified above (together with any person who obtains Lender/Creditor's rights in this Note. "we," "us" and "our”). You have largely completed the application process for obtaining the loan described in this Note (the 'Loan"). We have not yet committed to make the Loan. We will only 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 for the Loan. (References in this Note to "Your Bank Account" mean this bank account or any bank account you subsequently identify as the account you wish to use for making payments.) 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 the Account; and (b) you promise to pay to our order: (a) the principal sum of $10000.00; (b) simple interest on the outstanding principal balance, from January 22. 2015 through the earlier of the date your final payment is due or the date the Loan is paid in full, at the daily rate of 0.09863014%, which corresponds to an annual rate of 36.00%; and (c) any and all other amounts that become due and payable under this Note (collectively. the "Debt"). 3. Note Payments; Application of Payments. (a) This Note is payable in 60 substantially equal monthly installments, including (i) 59 payments of $361 .25. commencing Sunday, February 22, 201 5; 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 month. However, if your due date is the 29‘“, 30‘“, or 31“, and the current month is shorter. your payment will be on the last day of the month. If any Payment is scheduled on a date we are notopen 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. On the Maturity Date, any unpaid Debt will be payable in full. Unless modified by a Payment Plan. the f.ina| required payment will likely vary somewhat from prior required payments (and the estimated amount in the TlLA Disclosures) due to, among other things. any payments not made on the scheduled payment date, the differing lengths of months, and monthly anniversaries of the funding date that fall on days that are not business days. Payments will be applied first to outstanding charges, if any and accrued interest and then to principal. (b) You may choose to repay by either of the following options below. The payment method checked below is based on your previous selection. You understand that we will process your payments provided in the Payment Schedule in subsection (a) above by the method checked below. which gives you convenience and gives us security that payments will be received on time. 5 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 you identify during the application process, hereinafter called "Depository." You authorize us to electronically debit Your Bank Account in accordance with these provisions for amounts owing provided on each scheduled payment date. You also authorize us to re-initiate such 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. 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 to initiate) electronic debits from Your Bank Account. Dates. 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 included in a Payment Plan, as set forth in this Note. file:///F:NELOCITY - 201 9/AV005373/509889.htm| 2/ 1 0 4/22/2020 WebBank Loan Agreement and Promissory Note 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. Our debits to Your Bank Account will be in an amount between the amount of the scheduled payment and the total amount of any scheduled payments past due at the time we initiate the debit, plus any additional charges and/or fees incurred under this Note, or a lesser amount owing based on your payment history. On each scheduled payment date, 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 by contacting us at 800-712-5407, or at 640 N. La Salle Dr., Suite 535 Chicago Illinois 60654. If a debit amount will 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. 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 to act on it. You may send written notification by e-mail to support@avantcredit.com or by mail to AvantCredit, ATTN: Compliance Department, 640 N. La Salle Dr., Suite 535 Chicago Illinois 60654. Upon termination of this authorization, you will be deemed to have selected the Remotely Created Check option below for all subsequent payments. 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. Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO SELECT THIS ELECTRONIC DEBIT AUTHORIZATION TO ENTER A TRANSACTION WITH US. THIS ELECTRONIC DEBIT AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING. BY SELECTING THIS OPTION, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY. _ Remotely Created Check. By selecting the Remotely Created Check option, you authorize us to create paper checks bearing your typed name and other information as may be 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," and to submit each check for payment to the Depository in the amount of each payment owing to us under this Note on or after each scheduled payment date and any payment date included in a Payment Plan ("Remotely Created Check"), otherwise known as a demand draft, telecheck, preauthorized draft or paper draft. You agree that we may resubmit up to two times any Remotely Created Check that is dishonored. If a Remotely Created Check is returned unpaid by Depository, then you authorize us to create and submit a Remotely Created Check for any applicable Late Fee or Dishonored Payment Fee. On each scheduled payment date, we will not submit a Remotely Created Check to Your Bank Account for more than the scheduled payment plus the total amount of scheduled payments past due at the time we submit the Remotely Created Check (plus additional charges and/or fees, as applicable}. You agree that your typed name or other designation mandated by applicable law will constitute your authorized signature fully reflecting your intent to authenticate any such Remotely Created Check. If you believe we have charged Your Bank Account in a manner not contemplated by this authorization, then please contact us. You authorize us to vary the amount of the amount of any Remotely Created Check as needed to repay amounts owing, as modified by any partial prepayments. 4. Prepayment. You may prepay the Debt in whole or in part at any time without penalty. 5. Fees and Charges. file:///F:NELOCITY - 2019/AV005373/509889.html 3/10 4/22/2020 WebBank Loan Agreement and Promissory Note (a) You will be charged a late fee of $25.00 if any scheduled payment is not paid in full within 1 0 days after its due date. (b) We will charge you a Dishonored Payment Fee of $1 5.00 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. Default/Remedies. If: (a) you fai l to make any payment 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 or meet any other obligation in this Note; (e) you fail to keep in force a bank account we can use to generate electronic payments or Remotely Created Checks for monthly payments; or (� 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 right provided by applicable law and, if the Debt is referred for collection to an attorney 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 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 time 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 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, modify, amend, 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 or part of the 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 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. 1 1 . Notices. All 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 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 Illinois 60654 unless a different address for notice is later provided in writing by us to you. 12. Assignment. file:1//F:NELOCITY - 201 9/AV005373/509889.html 4/1 0 4/22/2020 WebBank Loan Agreement and Promissory Note 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. Unless prohibited by applicable law, we may do so without telling you. Your obligations under this Note apply to all of 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 'n a record of ownership maintained by a1 entity specifically designated for such purposes, acting solely for this purpose as your irrevocably appointed agent. Any assignment or transfer of, or participation in, this Loan Agreement and Promissory Note (or rights hereunder) will be valid only if and when it is registered in such record of ownership. You shall treat each person whose name is registered in the 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 to 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 the State of Utah. 14. Amendment. 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. 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 you 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 andlor Internet 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 f0l|owthe opt-out instructions included at the bottom of the Messaging Parties' emails. 16. Credit Reports and Monitoring. We may obtain credit reports on you on an ongoing basis until this Note is paid in full. We may report information concerning your performance under this Note to 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 800-712-5407 or send an email to us at support@avantcredit.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. If you 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. Any communication with us required or permitted under the United States 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. file:///F:NELOCITY - 201 9/AV005373/509889.htm| 5/10 4/22/2020 This Note is not a negotiable instrument. 20. Arbitration Provision. WebBank Loan Agreement and Promissory Note (a) Effect of Arbitration Provision; Right to Reject. (i) Unless prohibited by applicable law and unless you reject this Arbitration Provision in accordance with subsection (a)(ii) below, you and we agree that either party may elect to arbitrate or require arbitration of any Claim under this Arbitration Provision. (ii) If you do not want this Arbitration Provision to apply, you may reject it within 30 days after the date of this Note by giving us notice of rejection in accordance with � 1 1 . The rejection notice must: (A) provide your name and address and Loan Number; and (B) state that you are rejecting the Arbitration Provision in this Note. Nobody else can reject arbitration for you (except 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 to this Note or the terms of this Note apart from this Arbitration Provision . (b) Certain Definitions. As used in this Arbitration Provision, the following terms have the following meanings: (i) References to "we," "us" and "our" include WebBank, Avant Credit Corporation ("Avant"), any assignees of this Note or interests in this Note, and all "Related Parties" - "Related Parties" means all of our parent companies, subsidiaries and affiliates, and all of the employees, directors, officers, shareholders, governors, managers and members WebBank, Avant and other Related Parties. Our "Related Parties" also include third parties that you bring a Claim against at the same time you bring a Claim against us or any other Related Party. (ii) "Claim" means any claim, dispute or controversy between you and us (including any Related Party) that arises from or relates in any way to this Note or the Debt (including any amendment, modification or extension of this Note); any prior note from you to us; any of our marketing, advertising, solicitations and conduct relating to this Note or any such prior note; our collection of any amounts you owe; or our disclosure of or failure to protect any information about you. "Claim" is to be given the broadest reasonable meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. Despite the foregoing, "Claim" does not include any individual action brought by you in small claims court or your state's equivalent court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subsections (0(iii), (0(iv) and/or (0(v) (the "Class Action and Multi- Party Claim Waiver"), the last sentence of subsection 0) and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of this Note as a whole is for the arbitrator, not a court, to decide. {iii) "Proceeding" means any judicial or arbitration proceeding regarding any Claim. "Complaining Party" means the party who threatens or asserts a Claim in any Proceeding and "Defending Party" means the party who is a subject of any threatened or actual Claim. "Claim Notice" means written notice of a Claim from a Complaining Party to a Defending Party. (c) Arbitration Election; Administrator; Arbitration Rules. {i) A Proceeding may be commenced after the Complaining Party complies with subsection (k). The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this subsection (c). If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. If the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative or multi-party basis, the Defending Party may then elect to demand arbitration. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. (ii) Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association ("AAA"), 1633 Broadway, 1 oth Floor, New York, NY 10019, www.adr.org. ; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 1 0018, www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration file:/1/F:NELOCITY - 2019/AV005373/509889.html 6/10 4/22/2020 WebBank Loan Agreement and Promissory Note may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise. (d) Non-Waiver. Even if all parties have elected to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or 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 if the 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 and/or 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 and/or other fees 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 to 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 to 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 if we are required to pay such amounts by applicable law or by the administrator's rules. The arbitrator shall not limit the attorneys' fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision 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 the arbitrator may award attorneys' and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision. (� No Class Actions Or Similar Proceedings; Special Features Of Arbitration. 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 IN COURT; (iii) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (iv) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (v) JOIN OR CONSOLIDATE CLAIM($) 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 parties' rights under the administrator's rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object. (h) Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (i) any appeal right under the Federal Arbitration 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 panel appointed by the administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel's decision will be final 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 the FAA, and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without l imitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys' fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. file:/1/F:NELOCITY - 2019/AV005373/509889.html 7110 4/22/2020 WebBank Loan Agreement and Promissory Note 0) Survival, Severability, Primacy. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator's rules or the rest of this Note, this Arbitration Provision will govern. This Arbitration Provision shall survive the full payment of any amounts due under this Note; any rescission or cancellation of this Note; our sale or transfer of this Note or our rights under this Note; any legal proceeding by us to collect the Debt; and your (or 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 Class Action and Multi-Party Claim Waiver is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding. (k) Pre-Dispute Resolution Procedure. 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 in reasonable detail the nature of the Claim and any supporting facts; and (ii} a reasonable good faith opportunity to 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 1[ 1 1 . If we are the Complaining Party, we will send the Claim Notice to you in accordance with ,r 1 1 or, if you are represented by an attorney, 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 d isclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer 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 of 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 or damages. (I} 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 timing 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 latest money damages you requested at least ten days before the date the arbitrator was selected, then we will pay you the amount of the award or $7,500, whichever is greater, in addition to the attorneys' fees and expenses (including 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 that 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 (I). 21. State Notices and Special Provisions . . All Borrowers, including California/New York/Rhode lsland/UtahNermont 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 of whether or not a consumer credit report was ordered, and if it was, 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 to a credit reporting agency if you fail 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 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 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 penalty. file:///F:NELOCITY - 201 9/AV005373/509889.html 8/10 4/22/2020 WebBank Loan Agreement and Promissory Note 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 Granter 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 or 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 or arbitrator may withhold from us the entire amount or such portion of 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 Commissioner's website at www.nh.gov/banking/consumer-assistance/complaint.htm (http://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 court decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless prior to the time 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 OF 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. file:1//F:NELOCITY - 2019/AV005373/509889.html 9/10 4/22/2020 WebBank Loan Agreementand Promissory Note CAUTION-IT IS IMPORTANT THAT YOU THOROUGHLY READ NOTICE TO BORROWER 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 OF 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: Linnea Quai Hoi Last 4 SSN. Signed At: January 16, 2015 12:45 Customer ID SIGNATURE:- 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 divulgacio’n inicial prescribida en la legislacio'n de Veracidad de crédito (Truth in Lending Act-15 United States Code §§ 1601 through 1666i) en Espafiol antes de firmar cualquier documento de prestamo. fiIeIIl/FiNELOCITY - 201 9/AV005373/509889. html 10/1 0 loan_id loan_amount first_name last_name SSN home_phone language_pref employer name XXX889 10000 LINNEA QUAI HOI employer_address employer_city employer_staté employer_zip r employer_num month_income mobile_phone address_1 date_of_birth city state zip email do_(not_email funding_date contract_date 1/22/2015 1/16/2015 routing_number bank_account_type loan_purpose apr loan_term registration_ip manual_auto date_of_,delinq. 0.3599 60 10/1/2017 charge_off_date 12/30/2017 originator selling__entity date_last_paid amountdlast_paid chargefioff_princ. charge_off_interest charge__off_fees 8/3/2017 361.25 7188.95 1056.48 charge_off_total purchjse_balance 8390.43 8390.43 145
