Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.November 24, 2020

LISA E. SPIWAK, SBN 131587 SPIWAK & IEZZA, LLP 555 Marin Street, Suite 140 Thousand Oaks, California 91360 Telephone: (805) 777-1175 Facsimile: (805) 777-1168 Refer to File No. 979.0141 Attorneys for Plaintiff aI N N eat Gl a Q. tn 0 0 O 0 W 0 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UMPQUA BANK, an Oregon state-chartered bank, Plaintiff, vs. CARLOS CAMPOS aka CARLOS ALEXANDER CAMPOS aka CARLOS A. CAMPOS, an individual; and DOES 1-10, inclusive, Defendant(s). ) CASE NO. ) ) [Limited Civil - $24,786.09] ) ) COMPLAINT FOR MONEY ) ) 1. Breach of Consumer Loan Agreement ) 2. Money Lent ) 3. Account Stated ) ) ) ) ) Plaintiff UMPQUA BANK, an Oregon state-chartered bank ("Lender" or "Plaintiff' alleges as follows; The Parties 1. At all times mentioned herein, Plaintiff, UMPQUA BANK, an Oregon state- chartered bank, was and is a state-chartered bank, organized and existing under and by virtue of the laws of the United States of America and authorized to conduct business in the State of California. 2. Plaintiff is informed and believes, and based thereon alleges, that Defendant CARLOS CAMPOS aka CARLOS ALEXANDER CAMPOS aka CARLOS A. CAMPOS, an 1 COMPLAINT FOR MONEY E-FILED 11/24/2020 1:18 PM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373974 Reviewed By: R. Tien 20CV373974 individual ("CAMPOS" or "Defendant") is, and at all times mentioned herein was, an individual residing in the County of Santa Clara, State of California. 3. The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants named herein as Does 1-10 are unknown to Plaintiff who therefore sues these Defendants by such fictitious names. Plaintiff will amend this Complaint to show the true names and capacities of the Doe Defendants when their names have been ascertained. Each Doe Defendant is in some manner responsible, liable and obligated to Plaintiff in connection with occurrences, transactions, and obligations alleged herein. 4. Plaintiff is informed and believes, and thereon alleges, that each Defendant named 10 in this Complaint was, at all times herein mentioned, and now is the agent and employee of each of the other Defendants herein, and was at all such times acting within the course and scope of 12 said agency and employment. 13 5. Plaintiff is informed and believes, and thereon alleges, that CAMPOS has his 14 principal residence in the above-cited judicial district. The obligation sued upon is not subject to 15 the provisions of Cal. Civ. Code I'I 2984.4 nor Cal. Civ. Code I'I 1812.10. 16 17 18 19 20 FIRST CAUSE OF ACTION (Breach of Consumer Loan Agreement Against Defendants CARLOS CAMPOS aka CARLOS ALEXANDER CAMPOS aka CARLOS A. CAMPOS, an individual; and DOES 1-10, inclusive) 21 6. Plaintiff refers to paragraphs 1-5, inclusive, and by this reference incorporates the 22 same herein as if set forth in full. 23 7. On or about April 7, 2017, Plaintiff provided an ExpressLine of Credit (the*'Credit 24 Line") to CAMPOS in the amount of $25,000.00. 25 8. The Credit Line is evidenced, in part, by the following documents (collectively the "Credit Line Documents"): 27 28 2 COMPLAINT FOR MONEY a. A Consiuner Loan Agreement ("Agreement") dated April 7, 2017 was executed by CAMPOS in favor of Plaintiff. A true and correct copy of the Agreement is attached hereto as Exhibit "I" and is incorporated herein by reference. b. An ExpressLine of Credit Account Disclosures ("Disclosure'*) by and between Plaintiff and CAMPOS and entered into on or about April 7, 2017. A true and correct copy of the Disclosure is attached hereto as Exhibit "2" and is incorporated herein by reference. 9. The Credit Line Documents served as consideration for making the Credit Line by Plaintiff, and Plaintiff so acted in reliance in making the Credit Line. The Credit Line Documents constitute valid binding and enforceable contracts between the parties. Plaintiff has 10 performed all conditions, covenants„and terms required of it by the Credit Line Documents, except as excused or waived by the conduct of CAMPOS. CAMPOS has accepted and has 12 retained all of the benefits of Plaintiff's performance under the Credit Line Documents. 13 10. Pursuant to the terms of the Agreement, CAMPOS promised to pay the total of all 14 credit advances, accrued interest and interest charges, together with all fees, charges, costs and 15 expenses for which CAMPOS was responsible under the Agreement, 16 11. Pursuant to the terms of the Agreement, the periodic rate and the corresponding 17 annual percentage rates are subject to change from time to time based on changes in an 18 independent index which is the Wall Street Journal Prime Rate (the "Index*'). The annual 19 percentage rate on the Credit Line is based upon the Index and the margin, which is the 20 percentage added to the Index based upon the range of balance of CAMPOS'ine of Credit (the 21 "Margin"). In addition to interest, CAMPOS is also responsible for an annual fee in the amount 22 of $35.00, late payment fees in the amount of $ 10.00 and returned payment fee in the amount of 23 $25.00. 24 12. Pursuant to the terms of the Agreement, in the event of default, Plaintiff may 25 increase the periodic rate (and corresponding annual percentage rate) (the "Penalty APR"). The 26 Penalty APR is calculated by increasing the Margin by 5.000 percentage points (the "Penalty 27 Margin"). 28 3 COMPLAINT FOR MONEY 13. CAMPOS has breached his obligation under the Agreement by failing to pay all sums which became due under the Agreement's terms. CAMPOS'ast payment was made October 7, 2020. 14. As a result of CAMPOS'ngoing default and refusal to pay, there became due the principal sum of $24,726.09, exclusive of prejudgment interest, attorney's fees and costs, no portion of which sum has been paid by CAMPOS. 15. The terms of the Agreement provide that CAMPOS will be liable to Plaintiff for all other fees and charges incurred in connection with the breach of Agreement due under the 10 Agreement. The total amount of other charges now due and payable is $60.00. 16. As of October 7, 2020, the total amount of $24,786.09 (the "Outstanding Balance") was due and owing from CAMPOS to Plaintiff. Under the terms of the Agreement, 12 Plaintiff may increase the periodic rate to the Penalty APR and Plaintiff reserves the right to 13 14 15 16 1? 18 apply this rate. 17. As a result of the Agreement default, Plaintiff has declared immediately due and payable the Outstanding Balance and other recoverable expenses under the Agreement. Despite demand, CAMPOS has failed to cure the default, or pay the monies due and owing. 18. Interest on the Outstanding Balance continues to accrue on a daily basis, and Plaintiff is entitled to additional interest according to proof. 19 20 21 22 19. By virtue of the above, Defendants, and each of them, are indebted to Plaintiff in the sum of $24,786.09, plus prejudgment interest from October 7, 2020 until judgment is entered. 20. The Agreement provides for the payment of reasonable costs and attorney's fees should legal action be instituted to enforce the claims of Plaintiff thereof, Plaintiff has retained 23 24 the law offices of SPIWAK & IEZZA, LLP for the purpose of this action and is therefore entitled to reasonable costs and attorney's fees. 25 27 28 SECOND CAUSE OF ACTION (Money Lent as to AII Defendants) 21. Plaintiff refers to paragraphs 1-20, inclusive, and by this reference incorporates the same herein as though fully set forth. 4 COMPLAINT FOR MONEY 22. Defendants, and each of them, have become indebted to Plaintiff in the sum of $24,786.09 for monies paid, lent, and expended for Defendants at their instance and request. 23. No part of said sum has been paid, although demand therefore has been made, and there is now due, owing and unpaid from Defendants, and each of them, to Plaintiff said amount together with interest thereon at the rate of ten percent (10%) per annum from October 7, 2020. THIRD CAUSE OF ACTION (Account Stated as to All Defendants) 24. Plaintiff refers to paragraphs 1-20, inclusive„and by this reference incorporates the same herein as though fully set forth. 10 25. Within four years last past, an account was stated by and between Plaintiff and 12 Defendants, and each of them, wherein it was agreed that Defendants, and each of them, were indebted to Plaintiff in the sum of $24,786.09. 13 14 15 16 26. No part of said sum has been paid although demand therefore has been made and there is now due, owing and unpaid from Defendants, and each of them, to Plaintiff, the sum of $24,786.09, together with interest thereon at the rate of ten percent (10%) per annum from October 7, 2020. WHEREFORE, Plaintiff prays for Judgment against Defendants, and each of them, as 18 follows: 19 20 21 22 23 24 25 AS TO THE FIRST CAUSE OF ACTION 1. For the principal sum of $24,786.09; 2. For interest thereon from October 7, 2020 according to proof; 3. For reasonable attorneys fees and costs; AS TO THE SECOND AND THIRD CAUSES OF ACTION 1. For the principal sum of $24,786.09; 2. For interest thereon at the rate of ten percent (10%) per annum from October 7, 2020; 27 28 5 COMPLAINT FOR MONEY AS TO ALL CAUSES OF ACTION I. For costs of suit incurred herein; and 2. For such other and further relief as the Court may deem just and proper. SPIWAK & IEZZA, LLP By: LISA E, SPI~K Attorneys for PlaintifF ~ 10 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 6 COMPLAINT FOR MONEY VERIFICATION I, the undersigned, declare that I am the AVP Special Assets Consumer Officer for Umpqua Bank, a party to this action, and am authorized to make this Verification for and on its behalf, and I make this Verification for that reason. I have read the foregoing COMPLAINT FOR MONEY and know its contents. I am informed and believe that the matters stated in it are true, and on that ground allege that the matters stated in it are true. I declare under penalty of perjury under the laws of the State of California that the 9 10 foregoing is true and correct. Executed on 'y ~ O ~,~h ~.- ~ I 'Zj I, at Spokane, Washington. 12 13 14 JEFF BOTTJEN AVP Special Assets Consumer Officer 15 16 17 18 20 21 22 23 24 25 26 27 28 7 COMPLAINT FOR MONEY EXHIBIT "1"I I “ Consumer Loan Agreement umpqua Bankp.o. Box 2224 IR UPAPQUrer Spokane, VVA 99210 gaga .*. fd . Ig This Consumer Loan Agreement ("Agreement" ) governs your Loan and Line of Credit accounts with Umpqua Bank made pursuant to this Agreement. In this Agreement the terms "you" and "your" mean each person who signs the Consumer Loan Application, an Account Disclosure or this Agreement as a borrower or owner of collateral, as applicable. The term "Bank" or "we" or "us" means Umpqua Bank. 1. Consumer Loan Documents. Under this Agreement you are establishing an ongoing loan relationship with the Bank. You may request and receive Consumer Loans from time to time and you may establish a Line of Credit account(s). a. Consumer Loans, Each Consumer Loan that you request and we approve from time to time will be considered a separate Loan transaction that is consummated at the time you accept a Loan Account Disclosure for that Loan. The terms applicable to your Consumer Loans will be governed by: (I) the Consumer Loan Application; (II) this Agreement; (iii) the Loan Account Disclosures provided with each Loan; (iv) the State Law Loan Addendum; and (v) other Loan documents required or provided under this Agreement, These Loan documents are incorporated in and integrated as part of this Agreement. b. Line of Credit. Upon your request and approval by the Bank, we will establish an open-end, revolving Line of Credit. The terms applicable to your Line of Credit account will be governed by: {I) the Consumer Loan Application; (ii) this Agreement; (lii) the Line of Credit Account Disclosures provided at account opening; (iv) a Loan proceeds check endorsement; and (v) other Loan documents required under this Agreement. These Loan documents are incorporated in and Integrated as part of this Agreement. 2. Accessing Your Loans 8 Line of Credit. If more than one person signs this Agreement or one of the loan documents, your obligations under this Agreement, are joint and several, You and any co-applicant, jointly or alone, may request and receive loan advances under this Agreement, to suspend further advances, or terminate this Agreement. a. Consumer Loan Advances. You may request and obtain one or more Consumer Loans from the Bank from time to time in person, by mall or telephone. You will receive a Loan Account Disclosure at the time of each Loan which wi)l contain specific disclosures regarding Loan amount, interest rate, fees, and security related to the particular advance. b. Une of Credit Advances. You may request Line of Credit advances the Bank may disburse loan proceeds @ 2016 farletgh Wade Witt. Alt rtghts reserved to you directly, to third parties, or to a deposit account of yours or any co-applicant In accordance with your instructions. You will receive Line of Credit Account Disclosures at the time your account is opened which will contain specific disclosures regarding interest charges, fees, your approved credit limit, payment terms, collateral, and other terms related to the account. For a Line of Credit account, you may access credit on your account up to your approved credit limit, prepay any portion of the balance, and request subsequent advances from time to time without limitation, provided you are not In default. The approved credit limit for a Line of Credit account Is the maximum amount you may draw upon at any time under that account without getting specific approval for additional Line of Credit advances. If you are approved for overdraft protection and you overdraw your checking account, you agree we may treat that transaction as a request for an advance and your authorization to transfer funds to cover such overdraft, subject to any overdraft protection terms of the Bank, 3. Payment Terms. a. Promise to Pay. For Consumer Loans, you promise to pay the Bank the Loan principal balance together with interest on the unpaid principal balance. For Lines of Credit, you promise to pay the Bank the total of all Line of Credit advances, accrued interest and interest charges together with all costs and expenses due In accordance with this Agreement. b. Payment Methods. You may make payments on your Consumer Loan or Line of Credit by automatic transfer or by direct payment, as applicable. If you authorize automatic transfer payments, the Bank will automatically deduct the loan payment amount from your designated deposit account and transfer the funds to your Loan or Line of Credit. You are responsible for maintaining adequate funds in your deposit account with the Bank to satisfy your ongoing payments. You may revoke your automatic payment authorization at any time, but your revocation will result in the loss of any automatic payment rate discount. If the Bank does not receive your payment we will not waive your payment requirement and you remain responsible for making timely payments. You may pay all or any portion of your account at any time without penalty, but any such prepayment will not relieve you of your obligation to make the required payments. If we receive excess payments after your loans are paid, we may deposit any excess amounts into your deposit account with the Bank. c. Periodic Payments. For Consumer Loans, you agree to make the Periodic Payment as specified on the Loan Account Disclosure by the due date specified by the Bank. In addition to the Periodic Payment, you agree to pay all amounts past due, Including any late fees, CtA \.O 1aauam ZO16 Consumer Loan Agreement Umpqua Bank Immediately. For Line of Credit accounts, your Regular Payment will be based on a percentage of your outstanding balance, Including principal and unpaid Interest or a minimum payment, whichever Is greater. For Interest only Line of Credit accounts, your Regular Payment will equal the amount of your accrued Interest or a minimum payment, whichever is greater. You agree to pay your Regular Payment, plus any amount past due and all other charges. Your payments will be due monthly. d. Receipt of Payments. All payments must be made In U.S. dollars and must be received by us at: Umpqua Bank, Loan Support - Consumer Payments, P.O. Box 2326, Spokane, WA 99210-2326. Payments must be consistent with any payment instructions, including any address change, provided on or with your periodic billing statement. If your payment is roads consistent with Bank payment instructions but received after 5:00 P.M. Pacific Time on a business day, we will apply your payment to your Consumer Loan or Line of Credit on the next business day. e. How Your Payments are Applied. Your Loan payments and other credits will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges, Your Line of Credit payments and other credits will be applied first to accrued interest; then to unpaid principal; and then to late payment fees and other penalty fees and collection costs. 4. Interest Charges. e. When Interest Begins to Accrue. Each Loan advance will accrue interest beginning on the date the advance Is posted to your account, Interest will continue to accrue on your account until the entire outstanding balance is paid in full. Each Line of Credit advance will accrue Interest beginning on the date the advance is posted to your Line of Credit Account, There is no "grace period" which would allow you to avoid paying Interest on your Line of Credit advances. Loan advances deposited to a deposit account will be subject to interest from the date of deposit even if the funds are not withdrawn immediately. b. Interest Calculation Method. Interest on your Loan is computed on a 365/365 simple Interest basis; that Is, by applying the ratio of the interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Interest on your Line of Credit Is figured by applying the periodic rate to the "average daily balance" of your Credit Line Account. To get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any payments or credits and any unpaid Interest or other finance charges. This gives us the daily balance. Then we add up all the dally balances for the billing cycle and divide the total by the number of days in the billing cycle. "This gives us the average daily balance." c, Interest Rate. The Interest rate for each Loan will be set forth on the Loan Account Disclosure. For Line of Credit accounts, the Annual Percentage Rate will be set forth on the Line of Credit Account Disclosure. The Bank may change the rates it offers from time to time. d, Penalty Interest Rate. If you are late In making any payment, a loan payment Is returned, you are In default under any terms of this Agreement or any of these conditions exist with any account with the Bank, unless otherwise provided on the State Law Addendum, we may Increase the Interest Rate on your Loan or the Annual Percentage Rate on your Line of Credit Indefinitely, by 5.000 percentage points above the Interest Rate or Annual Percentage Rate at the time of the delinquency or default, subject to the application or termination of any discount rate, but In no event greater than maximum Interest rate allowed by law. If you are in default, we will send notice to you setting forth a time period of at least fifteen (15) days within which such default may be cured. If the cure requires more than fifteen (15) days, you must immediately Initiate steps which the Bank deems in the Bank's sole discretion to be sufficient to cure the default. During the cure period for a Line of Credit, we may suspend your Line of Credit without notice and if the default is not cured during this period, we may either terminate or continue suspension of the Line of Credit. e. Automatic Payments Rate Discount. If you authorize your Periodic or Regular payments by automatic payment transfers from your Bank deposit account, your Interest Rate or Annual Percentage Rate will be discounted by a rate set forth on your Account Disclosures. If you terminate the automatic payment method, the preferred rate discount will no longer apply and your interest Rate or Annual Percentage Rate will be increased by the amount of the rate discount the day after your termination. This increase will result in higher payment amounts for loans and more payments of the same amount for Lines of Credit. 5. Fees and Charges. You agree to pay the fees and costs as set forth on the Loan Account Disclosures and Line of Credit Account Disclosures provided with each Loan. a. Late Fee. If any Loan payment Is past due, you agree to pay a late fee as set forth on the Account Disclosures and State Law Addendum. b. Returned Payment Fee. If any Loan payment is returned unpaid for any reason, you agree to pay a returned payment fee as set forth on the Account Disclosures and State Law Addendum, Ct 2016 Ferletgh Wede Witt, All tights reserved. cLA 1.0 lenve v 2016 Consumer Loan Agreement Umpqua Bank c. I.oan Fee. For Consumer Loans you agree to pay a loan fee as set forth in the Account Disclosures. d. Line of Credit Annual Fee. For Lines of Credit you agree to pay an annual fee as set forth In the Line of Credit Account Disclosures. d. The collateral is abandoned, lost, stolen, damaged, sold, borrowed against, levied upon, seized, or attached; e. There is any material adverse change In your financial condition; e. Filing Fees & Taxes. For vehicle secured loans, you agree to pay all applicable fees related to title transfers, VIN Inspections UCC filings and any sales taxes, as set forth In the Loan or Line of Credit Account Disclosures. f. Collection Costs and Attorney Fees. You agree to pay on demand all of the Bank's costs and expenses, including the Bank's attorney fees and legal expenses, incurred In connection with enforcement of this Agreement. The Bank may use attorneys who are Bank employees or outside attorneys to enforce this Agreement, You agree to pay all costs and expenses of all such enforcement, In the event any action is taken or legal proceeding Is brought to enforce or Interpret this Agreement, you agree the prevailing party in such action shall be entitled to all additional sums as an arbitrator or court may award as reasonable including costs, disbursements, and attorney fees at hearing, trial, or any appeal. Whether or not an arbitration or court action ls filed, all reasonable attorney fees and expenses the Bank incurs In protecting its interests or enforcing this Agreement shall become part of the indebtedness evidenced this Agreement, shall bear interest at the penalty loan rate under Agreement, and shall be paid to the Bank by you on demand, The attorney fees, collection costs and expenses include without limitation all of the Bank's attorney fees (including the fees charged by the Bank's in-house attorneys, calculated at hourly rates charged by outside attorneys with comparable skill and experience), the Bank's fees and expenses for bankruptcy proceedings (including eFForts to modify, vacate, or obtain relief from any automatic stay), fees and expenses for the Bank's post-judgment collection activities, the Bank's cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports, title Insurance, and bonds issued to protect the Bank's collateral, all to the fullest extent allowed by law. B. Events of Default, You will be in default if any of the following happen: a. You fall to make any payment when due; b. You break any promise you have made to the Bank in this or any other agreement with the Bank; c. Any other creditor or governmental agency tries to take any of the collateral, Including a garnishment of the Bank Interest; f. You or any guarantor die, become insolvent, make an assignment for the benefit of creditors, a receiver is appointed, or a petition for bankruptcy Is commenced by or against you; g. Any Information or representation you make on any application or agreement with the Bank is not true; OI h. The Bank in good faith deems Itself insecure. 7. Bank Actions. You agree the Bank may accept late payments and partial payments and can delay enforcing any of Its rights under this Agreement without losing them. The Bank's waiver of Its rights In one Instance does not constitute a waiver of Its rights In other Instances, or waiver of any other default. You agree the Bank may permit a modification, extension, or renewal of any term under this Agreement, or release or substitute collateral or any other person obligated for repayment of this Agreement or any guaranty, and you wil! remain liable for repayment of your Loan or Line of Credit. The Bank may exercise any of Its rights under the security agreement and applicable law. In addition, the Bank may take other actions as follows. a. Suspension of Line of Credit Advances. The Bank may suspend your ability to draw upon a Line of Credit or use any access device or advance checks, without prior notice to you, under the following conditions: (i) you are In default under this Agreement or any other agreement with the Bank,'ll) any credit. verification indicates adverse information; {III) any time the Bank reasonably determines the value of the collateral has declined; or (Iv) you request a suspension of this account. b. Acceleration of Loan Balance. Upon default, you waive demand and any notice, including notice of Intent to accelerate and notice of acceleration. The Bank may declare the entire balance of your Loans immediately due, without prior notice. c. Bank/Security Interest. You grant the Bank a security Interest in all deposits and accrued Interest In all your accounts at the Bank, Individual or joint, (except Individual Retirement Accounts). In the event that you fail to make any payments due to the Bank pursuant to the terms of this or any other agreement with the Bank, you authorize the Bank to immediately exercise its security Interest and apply the balance In these accounts to pay any Indebtedness to the Bank, without further notice to you. rp 2016 rarfelgh Weda Witt. Alt rlghta reeervad, CLA 1.0 3aneary 2016 Consumer Loan Agreement Umpqua Bank d. Credit Verification. You agree to provide the Bank upon request at any time with current financial information, updated employment and credit information, or a new appraisal or valuation of collateral, as permitted by law. You understand that the Bank may record such information in its files and rely on it to make decisions about your account. You authorize the Bank at any time to release information to any credit bureau, merchant or other financial Institution regarding the status and history of your account. 8. Security Agreement. a. Security Interest. You grant the Bank a security Interest, under the Uniform Commercial Code of the applicable state law stated in the State Law Addendum, In all collateral described on any Loan Account Disclosure or Line of Credit Account Disclosure received under this Agreement to secure your Loans and Line of Credit account under this Agreement and all your other consumer loan obligations (except those secured by a dwelling, residential real property, or property located In a Special Flood Hazard Area (SFHA)), to the Bank. Collateral granted under this Agreement covers your past liabilities to the Bank and any liabilities that may arise in the future, regardless of form. These, include, but are not limited to, Loans for consumer purposes, liability which Is sole or joint, absolute or contingent, primary or secondary, purchase money or non-purchase money, and liability under promissory notes, open accounts, or overdrafts (but not Loans secured by a dwelling or real properly). This means your Loan or Line of Credit is cross collateralized with other consumer loans with the Bank. The collateral includes accessions and additions installed in or affixed to the collateral and any proceeds of the collateral, All collateral securing this Loan will secure any extension, renewal, or modification of this Loan and all your other obligations. b. Maintenance. You agree that collateral securing this Loan will be for personal use and will not be used as a dwelling. Except for the Bank's security Interest, you own the collateral free and clear. You will not allow any other liens on the collateral, even If they are junior to the Bank's Interest. You agree to maintain the collateral ln good working order and repair any damage that affects its value. Except for vehicles, you agree to keep the collateral at your address of record, unless we tell you that you can move It. If the collateral is a vehicle, you will keep It at your present address, except for routine use, and you will not do anything that requires registering the vehicle in another state. You may move the collateral to your new address only If you give the Bank the new address in advance. You agree the Bank may come upon your premises and Inspect the collateral at any reasonable time without notice. c. Insurance. You agree to keep the collateral insured with casualty and fire coverage satisfactory to the Bank, including an acceptable deductible. For 0 2016 Fadelgh Wade Witt. Att rights reserved. vehicles, this means collision insurance and comprehensive Insurance with a deductible amount acceptable to the Bank. You may provide this Insurance through an existing policy or a new policy obtained from anyone you want that is acceptable to the Bank, and you agree to provide the Bank with proof of that coverage. You agree to name the Bank as loss payee. If you fall to pay any liens, buy or maintain Insurance, or make repairs to the collateral, we may do so. You agree we may add any insurance or maintenance costs to the amount you owe under this Agreement and may adjust your monthly loan payments so the insurance premiums are paid under the original certificat term or as the Bank otherwise determines necessary to meet your obligations, The added amounts will bear Interest at the rate charged under this Agreement. Insurance we purchase will cover only the Bank's Interest in the collateral and will not be liability insurance. This security provision also secures those amounts. You understand that all benefits paid by Insurance that you or the Bank purchases and any Insurance refunds or rebates will be applied first to pay the Loan balance. d. Sale of Collateral Upon Default. You may keep and use the collateral while this Agreement is not In default. If you are in default, we will have all of the rights of a secured party under the Uniform Commercial Code, In addition to any other rights we may have. Upon request, you agree to make the collateral available to us at a place we designate, You authorize us to take possession of the collateral peaceably, with or without legal process, and sell it. If you are entitled to any notice required by applicable law, you agree that fifteen (IS) calendar days prior notice is enough, Unless you ask us in writing to give you notice at a different address, notice sent to you at your address of record will be sufficient. e. Additional Documents and Povver of Attorney. You agree to sign any other documents, such as financing statements, applications for certificates of title, and certificates of title, to perfect our security Interest. You agree to give us an irrevocable power of attorney to sign your name to title certificate(s) and to apply in your name for the Issuance of a certificate or title to any motor vehicle you have given as collateral. To the extent permitted by applicable law, you agree we may endorse any check payable to you, If you refuse, and you waive protest of such action. f. Amendments. To the extent permitted by applicable law, you agree the Bank may amend the terms of this Agreement from time to time. The Bank will notify you of any changes in writing as required by law. Any notice of change in terms required by law will be sent to your address of record. You agree to Inform the Bank in writing of your current address at all times. The Bank will consider this address your address of record. Notices will be mailed to you at the most recent address you have provided the Bank In writing. To the extent permitted by law, you agree that notice to any one borrower will be considered as giving notice to all CLA 1.0 3aeealy 2016 Consumer Loan Agreement Umpqua Bank borrowers. No oral statement by you or any Bank officer or employee may amend this Agreement or any Loan document, which may be mbdilled only In writing. For Line of Credit Accounts, changes will apply to existing accounts to the extent set forth In the change In terms notice. For Loans, changes will apply to new Loans taken after the change becomes effective. 9. Notice of Inaccurate Information We Report to Consumer Reporting Agencies. Please notify us If we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(les) should be sent to us at the following address. Umpqua Bank, Attn: Consumer Special Assets Manager, P.O. Box 2224, Spokane, WA 99210-2224, 10. Enforcement. a. Governing Law. You agree this Agreement will be governed by and Interpreted in accordance with applicable federal law and applicable state law as stated in the State Law Addendum, subject to any federal preemption and regardless of any conflict of laws provisions, ff any provision of this Agreement is Invalid, the rest of the provisions shall remain valid. If a lawsuit Is commenced, you agree to submit to jurisdiction of the courts in the county where you reside. BORROWER(S), GRANTOR(S) AND THE BANK HEREBY WAIVE THE RIGHT TO ANY 3URY TRIAL b. Venue. This Agreement has been approved and made by the Bank in the State stated on the State Law Addendum. If there is a lawsuit relating to this Agreement, you agree to submit to the jurisdiction of the courts located in the County and State Indicated on the State Law Addendum, except and only to the extent of procedural matters related to the perfection and enforcement of our rights and remedies against the Collateral if the law requires that such a suit be brought in another jurisdiction. c. State Disclosures. The State Law Addendum provided with this Agreement and Incorporated herein sets forth provisions for late charges, fees, venue and specific disclosures applicable in the state where this Agreement Is made, Borlowetq Carlos Campos Co-Borrower. Datei Grantor Date: Grantor Date: O 2016 rarleigh Wade Witt. Ail rights reserved. CLA t.g Saeaary 2016 EXHIBIT '42"HI I “ ExpressLine of Credit Account Disclosures umpqaa Sank P.O. Sox 2224 Spokane, WA 99210 These Expr essLine of Credit Account Disclosures are issued pursuant to your Consumer Loan Agreement, Date: 4/7/201 7 Account Nou 996262638 Borrower Name: Carlos Campos Credit Umit: $ 25,000.00 Payment Due Date: As referenced on your monthly statelnent Interest Charges: Margin 4.750 Payment Amount; Index 2% of outstanding balance, or $ 50 whichever Is greater 4.000 Co-Borrower Name: Initial Advance Amount: $ N/A Periodic Rate 0,024 0/0 Annual Percentage Rate (APR) 8.7500/0 g Automatic Payments Account No.: , If designated, you authorize automatic loan payment transfers. X Overdraft Transfers. 3967636406 If checked, you authorize us to make advances on your Line of Credit Account to cover overdrafts on your checking account designated above. Line of Credit Disbursements Amount given to you directly $ NiA Amount paid on your account $ N/A Amounts paid to others on your behalf; $ N/A to $ N/A to $ N/A to ruth in Lending Account Disclosures, These Truth in Lending Account Disc/osures for your ExpressLine of Credit Account are part.of and integrated with your Consumer Loan Agreement with Limpqua Bank, e Annual Percentage Rate (APR) 8 750 Og for Line of Credit Advances This APR will vary based on the Prime Rate. Paying Interest Interest will accrue on each line of credit advance beginning on the date of the advance. Penalty APR Up to 13.750 o/0. Subject to state law, the Penalty APR may be applied and will continue indefinitely aRer any of these conditions: You are late ln any loan payment Your loan payment Is returned You are In default of any terms of the Consumer Loan Agreement You do any of the above on any account with the Bank. Account Opening Fees Loan Fee Transaction Fees ~ Annual Fee Penalty Fees Late Payment Fee ~ Returned Payment Fee None $35. 00 If your payment is 11 days late, you agree to pay a late fee of $10.00 $ 25.00 How We Will Calculate Your Balance: We use a method called "Average Daily Balance" method, see eHow to Determine Interest Charges" paragraph below. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights Is provided below. rp 2016 rerlelgh Wede Witt. Ag rights reserved. LOCAO 1.0 lleg 2016 ExpressLine of Credit Account Disclosures Umpqua Bank p Employee Rate Discount. The Annual Percentage Rate above includes a discount of 1.000 percentage paints for employment with Umpqua Bank or subsidiaries. If your employment is terminated, the discount will no longer apply and your margin (and resulting Annual Percentage Rate) will be Increased by 1.000 percentage points at the time af termination. 0 Employee Annual Fse Ififsiver. The Annual Fee referenced in this Account Disciosure will be waived until your employment with Vmpqus Bank ends. Additional ExpressLIne of Credit Account Disclosures. Variable Interest Rate Terms. The Periodic Rate and corresponding Annual Percentage Rate may change from time to time based on daily changes in an Independent index which Is the Prime Rate as published in the Wall Street Journal, To determine the Periodic Rate and the Annual Percentage Rate, we add the margin value to the current Index value, To determine the Periodic Rate that will apply to your account we take the Annual Percentage Rate, and then divide the value by the number af days in a year. To obtain the Annual Percentage Rate, we multiply the Periodic Rate by the number of days in a year. The Annual Percentage Rate change will take effect no sooner than 45 days after a change occurs to the rate index and notice has been provided to you. The minimum corresponding Annual Percentage Rate that can apply Is 6.000 %. The maximum corresponding Annual Percentage Rate that can apply Is 18.000%, but no more than as permitted by law. If the index becomes unavailable during the account, we may designate a substitute index after notice to you. Pena! ty Interest Rate. If you are in default under any terms of this Agreement or any of these conditions exist with any account with the Bank, unless otherwise provided on the State Law Addendum, we may increase the Annual Percentage Rate on your Line of Credit indefinitely at the time of the delinquency or default. The Penalty APR is calculated as follows: your margin and Annual Percentage Rate will be increased by 5.000% subject to the application or termination of any discount rate and the maximum Annual Percentage Rate above. An increase or decrease in the Annual Percentage Rate will affect the number and amount of your monthly payments and the amount of your final payment. If you are in default, we will send notice to you setting forth a time period of at least fifteen (15) days within which such default may be cured. If the cure requires more than fifteen (15) days, you must immediately initiate steps which the Bank deems in the Bank's sole discretion to be sufficient to cure the default. During the cure period for a Line of Credit, we may suspend your Line of Credit without notice and If the default is not cured during this period, we may either terminate or continue suspension of the Line of Credit. How to Determine Interest Charges. We figure the interest charge on your Line of Credit Account by applying the periodic rate to the average daily balance of your Line of Credit Account. To get the average daily balance, we take the beginning balance of your Line of Credit Account each day, add any new advances and subtract any payments or credits and any unpaid Interest or other finance charges. This gives us a daily balance. Then we add up all the dally balances for the billing cycle and divide the total by the number of days in the billing cycle. When Interest Charges Begin to Accrue. Each Line of Credit advance will begin to accrue Interest on the date the credit advances are posted to your Line of Credit, There is no "grace period" which would allow you to avoid paying interest on your Line of Credit advances. Interest Charges will continue to accrue on your account until the entire outstanding balance is paid in full. Line of Credit advances deposited to a deposit account will be subject to an Interest Charge from the date of deposit even if the funds are not withdrawn Immediately. Balloon Payment. If you or we terminate your Line of Credit Account, you must pay the entire outstanding principal, accrued interest, and any other fees and charges due In a single balloan payment. Unless otherwise required by applicable law, we are under no obligation to refinance the balloon payment at that time. You may be required to make payments out of other assets you own or find a lender, which may be us, willing to lend you the money. If you refinance the balloon payment, you may have to pay some or all of the closing cost normally associated with a new credit line account, even If you obtain refinancing from us. Line of Credit Period. The draw period of your Line of Credit will begin when the agreement Is accepted by us and you have met all of our conditions for the Line of Credit and will continue until the Bank's demand for payment in full of all amounts due under this agreement. You may obtain credit advances during the draw period. Security Interest. You grant the Bank a security Interest in all your deposits with the Bank. Collateral securing this Line of Credit also secures all your obligations to the Bank under the Consumer Loan Agreement or any other consumer loan agreement except loans secured by a dwelling, residential real property, or property located on a Special Flood Hazard Area (SFHA). This means this Line of Credit is cross-collaterallzed with other consumer loans with the Bank. Line of Credit Account Signatures You agree to the terms of the Consumer Loan Agreement and ExpressLine of Credit Account Disclosures and acknowledge receipt of a completed copy of these ExpressLlne of Credit Account Disclosures, .This ExpressLine of Credit Account Disclosure form is part of and integrated with your Consumer Loan Agreement. Borrower: I Date:rf & I Co-Borrower." I D.t,t Carlos Cempos ~~~ I gy/Mlm @ 2016 Farleigh Wade Witt. Alt rtghts reserved. LOCA0 1 0 I lay 2016 Your Line of Credit Billing Rights: Keep this document for future use. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What to Do If You Find a Mistake on Your Statement: If you think there is an error on your statement, write to us at: Umpqua Bank, P.O. Box 2224, Spokane, WA 99210-2224. In your letter, give us the following Information: ~ Account information: Your name and account number. ~ Dollar amount: The dollar amount of the suspected error. ~ Description of problem: If you think there is an error on your bill, describe what you believe Is wrong and why you believe it is a mistake. You must contact us. Within 60 days after the error appeared on your statement. ~ At least 3 business days before an automated payment ls sciteduled, If you want to stop payment on the amount you think Is wrong. You must notify us of any potential errors in writing. You may call us, but If you do, we are not required to investigate any potential errors and you may have to pay the amount In question. What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we Investigate whether or not there has been an error: ~ We cannot try to collect the amount in question or report you as delinquent on that amount. ~ The charge In question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. ~ We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: ~ if we made a mistake: You will not have to pay the atnount In question or any interest or other fees related to that amount. hf we do not believe there was a mistake: You will have to pay the amount In question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent If you do not pay the amount we think you owe. If you receive our explanation but still believe your bill Is wrong, you must write to us within 10 days telling us that you shill refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $ 50 of the amount you question even If your bill is correct, Ct 20ts rartetsh Wads witt. Att rtgbts reserved LOCAD 1 0 )aeuary zots State Law Addendum Umpqua Bank U/VIPQUiasP.O, Box 2224 gga'A'ivI K Spokane, WA 99210 Loan No: gg6282638 Th/s State Law Addendum amends and is part of your Consumer Loan Agreement. Date: 4/?/2017 Borrower Name: Carlos Campos Co-Borrower Name: Grantor Name: Grantor Name Primary Address: 2326 Oak Flat Rd, San Jose, CA 95131 Applicable State Law: CA T Borrower(s) understand that this State Law Addendum sets forth certain disclosures required by the state law and additional loan terms applicable to the Loan or Line of Credit and Borrower agrees to the terms of this Addendum. The state law provisions, applicable to the state law designated above, as set forth below apply to and are incorporated in the Consumer Loan Agreement. The references to "I" and amex mean the applicable Borrower(s) and references to "we" mean the Bank, References to "you and "your" In most cases mean Borrower(s) unless the context is otherwise. California ~ Late Fee - If your payment is 11 days late, you agree to pay a late fee of $ 10.00 ~ Returned Payment Fee - $25.00 ~ Security Interest. The security interest you grant the Bank to secure any loan obligation under the Consumer Loan Agreement or any Advance Disclosures expressly excludes credit card and indirect auto loan obligations. ~ Venue - Sacramento County California. ~ Judicial Reference - In any judicial action or cause of action arising from this Agreement or otherwise, Including without limitation contract and tort disputes, all decisions of fact and law shall, at the request of either Borrower or Lender or other holder of this Agreement, be referred to a referee In accordance with Section 638 et seq. of the California Code of Civil Procedure if the action is before a court of any judicial district oF the 5tate of California. The referee shall prepare written findings of fact and conclusions of law, and judgment upon the referee's award shall be entered In court in which such proceeding was commenced. No provision or exercise of any right under this provision shall limit the right of the undersigned or Lender or other holder of this Agreement to exercise self-help remedies, such as foreclosure against or sale of any real or personal property collateral or security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, during or after the pendency of any judicial reference proceeding. The exercise of a remedy does not waive the right of either party to resort to judicial reference. Borrower and Lender further agree that all disputes, claims and controversies between them shall be brought In their individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. ~ Credit Report Notice to California Residents: As required by California state 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 fall to fulfill the terms oF your credit obligations. ~ Notice to California Residents: By signing the Agreement, you specifically agree that the Bank may access the records of the California Department of Motor Vehicles from time to time to obtain your current mailing address, and by so agreeing, you are specifically waiving your rights under sections 1808,21 and 1808.22 oF the California Vehicle Code. Idaho ~ Late Fee - If your payment is 11 days late, you agree to pay a late fee of 5.00a% of the unpaid amount or $ 10.00, whichever is greater. ~ Returned Payment Fee - $ 20.00 ~ Penalty APR - There ls no Penalty Annual Percentage Rate (APR) applicable in Idaho. ~ Venue - Kootenal or Ada County, Idaho ~ Default Disclosure to Borrowers in Idaho; I will be in default if (1) I do not make a payment of the required amount when due; or (2) vou believe the~respect of payment, performance, or reallzatlon on any rs 2016 Farieigh wade witt. Ali rights reserved SLA 1.0 geaaary 2916 State Law Addendum Umpqua Bank Date property given as security is significantly impaired. Nevada ~ Late Fee - If your payment Is 11 days late, you agree to pay a late fee of 5.00% of the unpaid amount or $ 10.00, whichever is greater. ~ Returned Payment Fee - $35.00 ~ Venue - Washoe County, Nevada Oregon ~ Late Fee - If your payment is 11 days late, you agree to pay a late fee of 5.00% of the unpaid amount or $ 10,00, whichever is greater. ~ Returned Payment Fee - $ 35.00 ~ Venue -Lane, Douglas or Washington County, Oregon. ~ WARNING UNLESS I PROVIDE YOU WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY YOUR LOAN AGREEMENT, YOU MAY PURCHASE INSURANCE AT MY EXPENSE TO PROTECT YOUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT MY INTEREST, IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE YOU PURCHASE MAY NOT PAY ANY CLAIM I MAKE OR ANY CLAIM MADE AGAINST ME. I MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT I HAVE OBTAINED PROPER COVERAGE ELSEWHERE. I AM RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY YOU. THE COST OF THIS INSURANCE MAY BE ADDED TO MY LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCEr THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE MY PRIOR COVERAGE LAPSED OR THE DATE I FAILED TO PROVIDE PROOF OF COVERAGE. THE COVERAGE YOU PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE I CAN OBTAIN ON MY OWN AND MAY NOT SATISFY OREGON'S MANDATORY LIABILITY INSLiRANCE LAWS, Washington ~ Late Fee - If your payment is 11 days fate, you agree to pay a late fee of 5.00% of the unpaid amount or $ 10.00, whichever is greater, ~ Returned Payment Fee ~ $ 25.00 ~ Venue - Clark County, Washington ~ WARNING UNLESS I PROVIDE YOU WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY YOUR LOAN AGREEMENT, YOU MAY PURCHASE INSURANCE AT MY EXPENSE TO PROTECT YOUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT MY INTEPEST, IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE YOU PURCHASE MAY NOT PAY ANY CLAIM I MAKE OR ANY CLAIM MADE AGAINST ME. I MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT I HAVE OBTAINED PROPER COVERAGE ELSEWHERE. I AM RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY YOU. THE COST OF THIS INSURANCE MAY BE ADDED TO MY LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE MY PRIOR COVERAGE LAPSED OR THE DATE I FAILED TO PROVIDE PROOF OF COVERAGE, THE COVERAGE YOU PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE I CAN OBTAIN ON MY OWN AND MAY NOT SATISFY WASHINGTON'S MANDATORY LIABILITY INSURANCE LAWS. State Law Addendum Signatures. You agree to the terms of this State Law Addendum applies to and amends the Consumer Loan Agreement as applicable, This State Law Addendum ls part of and integrated with your Consumer Loan Agreement. Borrower: Date:/ . Co-Borrower: Dotal Carlos Campos ~~~ 'sfA II M l r Grantor: Da(e: Grantor: - ~ FOR. BANK..USE1ONLV o 2016 Farlelgh wade Ivrtt, Ag rights reserved SLA 1.0 lanvanr 2016