Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.January 4, 2021KOOONONUI-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO E-FILED 1/4/2021 10:52 AM Christopher D. Mandarich SB 220693 C'erk 9f court Hayk Stambultsyan 33320973 Superlor Court 0f CA, Amber Swearingen-Ojuri SB324653 County Of Santa Clara David C. McGaffey SB3 15632 21 cv375590 MANDARICH LAW GROUP, LLP - . 13.0. Box 109032 Chicago, 1L 60610 ReV'ewed By' Y' Chave 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: UHG ILLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED UHG I LLC, Case N0. 21 CV375590 Plaintiff, VS FILE BY FAX COMPLAINT FOR: 1. BREACH OF CONTRACT Robert Norris, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $4,163.27 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, UHG I LLC, and successor in interest t0 original creditor, NC Financial Solutions 0f California, LLC, d/b/a NetCredit. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: UHG I LLC; 6400 Sheridan Dr Suite 138, Williamsville NY 14221. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time 0f charge-off is NC Financial Solutions 0f California, LLC, d/b/a NetCredit, 175 W JACKSON BLVD SUIT 1000, CHICAGO, IL 60604, and the account number associated with this debt is XXXXXXXXXXX2563. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries 0f the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. COMPLAINT-l 0f 5 N KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO 6. The name and last known address 0f the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Robert Norris , 7379 MONTGOMERY ST #344 , GILROY, CA 95020. 7. Plaintiff is unaware 0f the true names 0r capacities, whether individual, corporate, associate 0r otherwise 0fthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. Plaintiffwill amend this Complaint t0 show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each 0f the Defendant was, and is, the agent, servant and employee, employer 0f each 0f the other Defendant, and also acted in the capacity 0f and as agent 0f the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9. Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit application t0 the original creditor, NC Financial Solutions of California, LLC, d/b/a NetCredit 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, NC Financial Solutions 0f California, LLC, d/b/a NetCredit provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXX2563 (hereinafter “Account”). 10. Prior t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed t0 comply with the terms governing the use 0f the Account, as it was amended from time t0 time, including repaying NC Financial Solutions 0f California, LLC, d/b/a NetCredit and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase 0f goods and service and/or cash advances and balance transfers along with late charges, over limits charges related thereto. 12. Defendant used the Account t0 make purchases and/or t0 take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 0f 5 KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONM-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay NC Financial Solutions 0f California, LLC, d/b/a NetCredit and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers, along with such other charges as may be assessed pursuant t0 the terms governing the Account. 13. The date 0f last payment 0n the subject account was 0n December 20, 2017. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 15 . The debt balance at charge-offwas $4,163.27, and upon information and belief there is $0.00 in post charge off fees and there is $0.00 in post charge off interest. 16. Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $4,163.27. 17. Although demand has been made upon said Defendant t0 pay said amount, n0 part has been paid, and it is now due and owing. 18. Upon information and belief, NC Financial Solutions 0f California, LLC, d/b/a NetCredit and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 19. Plaintiff has complied with California Civil Code Section 1788.52. 20. Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Loan File provided t0 the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 21. Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with NC Financial Solutions 0f California, LLC, d/b/a NetCredit, the Defendant agrees t0 reimburse NC Financial Solutions 0f California, LLC, d/b/a NetCredit, and hence Plaintiff as successor in interest for the costs related t0 the collection 0f amounts owing 0n the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. COMPLAINT-3 0f 5 KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONM-PWNHO FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers t0 and incorporates paragraphs 1 through 22. 24. NC Financial Solutions 0f California, LLC, d/b/a NetCredit extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions 0f the Account by Defendant use 0f the Account t0 make purchases and/or t0 take cash advances and/or t0 make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing t0 pay amounts due and owing 0n the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount 0f $4, 1 63 .27. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers t0 and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0f them became indebted in the amount 0f the previously mentioned herein for a balance due 0n a book account for goods sold and delivered and/or services rendered by NC Financial Solutions 0f California, LLC, d/b/a NetCredit. Although demand has been made upon Defendant, said amount 0f $4, 1 63 .27 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONM-PWNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,163.27, 2. For costs 0f suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess 0f the jurisdictional amount 0f this Court. Dated: 12/03/2020 By: MANDARICH LAW GROUP, LLP QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifi’ COMPLAINT-S 0f 5 EXHIBIT A CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE Disbursement Date (funds may be disbursed prior to this date): Sep 28, 2017 Payment Date: Oct 1, 2021 Account #: -1030 Loan #z_2563 Type of Contract: New Loan LICENSED LENDER'S OFFICE NC Financial Solutions of California, LLC d/b/a NetCredit (License No. 603K020) 1 75 WI Jackson Blvd, Suite I000 Chicago, IL 60604 877-392-2014 BORROWER Robert Norris 7379 Montgomery St. #344, GILROK CA 95020 This Consumer Installment Loan Agreement (“Agreement”) includes the disclosures above, the Federal Truth in Lending Act Disclosures immediately below (“TILA Disclosures”) and the Additional Terms. In this California Censumer Installment Loan Agreement and Promissory Note (hereinafter the "Loan Agreement“), the words “you" and "your" mean the borrower who has electronically signed it. The words "we", "us" and "our" mean NC Financial Solutions of California, LLC, d/b/a NetCrcdit (License No. 603K020). We are a consumer installment lender. The loan is made pursuant to the California Finance Lenders Law, Division 9 (commencing with Section 22000) of the Financial Code. The California Department of Business Oversight regulates us. FOR MORE INFORMATION CONTACT THE DEPARTMENT 0F BUSINESS OVERSIGHT, STATE OF CALIFORNIA. You may contact our regulator at the California Department ofBusiness Oversight, Consumer Services Office, 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344. The Department’s website is h_ttp://www.dbo.ca.g(fl. The Department’s phone numbers are: (213) 576-7500 0r (866) 275-2677. You acknowledge this loan is for personal, family, or household purposes. In order to complete your transaction with us, you must electronically sign this Loan Agreement by clicking the "I Agree" button below. We will then approve or deny the Loan Agreement. If the Loan Agreement is approved, we will use commercially reasonable efi‘orts to deposit the loan proceeds into Your Bank Account on or before the Disbursement Date designated above ("Disbursement Date"). We rely on the representations ofyou and other parties in determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result ofinadvertent processing errors and/or "acts of God" may extend the time for the deposit. FEDERAL TRUTH IN LENDING ACT DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed The Total of Payments The amount you RATE The cost of your The dollar amount the amount of credit provided will have paid after you have made credit as a yearly rate. credit will cost you. to you or on your behalf. all payments as scheduled 64.86% $5,956.90 $3,250.00 $9,206.90 YOUR PAYMENT SCHEDULE WILL BE Payment number Amount of Payments When Payments Are Due 1 $191.89 Nov 1, 2017 2 $191.89 Dec 1,2017 3 $191.89 Dec 29, 2017 4 $191.89 Feb 1, 2018 5 $191.89 Mar 1, 2018 6 $191.89 Ma: 3D, 2018 7 $191.89 May 1, 2018 8- $191.89 Jun 1, 2018 9 $191.89 Jun 29, 2018 10 $191.89 Aug l, 2018 ll $191.89 Aug 31, 2018 12 $191.89 Oct 1, 2018 l3 $191.89 Nov 1, 2018 14 $191.89 Nov 30, 2018 15 $191.89 Dec 31, 2018 16 $191.89 Feb l, 2019 1'7 $191.89 Mar 1, 2019 18 $191.89 Apr 1, 2019 19 $191.89 May 1, 2019 20 $191.89 May31,2019 21 $191.89 Jul l, 2019 22 $191.89 Aug 1, 2019 23 $191.89 Aug 30, 2019 24 $191.89 Oct 1, 2019 25 $191.89 Nov 1, 2019 26 $191.89 Nov 29, 2019 27 $191.89 Dec 31, 2019 28 $191.89 Jan 31, 2020 29 $191.89 Feb 28, 2020 30 $191.89 Apr 1, 2020 3.1 $191.89 May 1, 2020 32 $191.89 Jun l, 2020 33 $191.89 Jul l, 2020 34 $191.89 Jul 31, 2020 35 $191.89 Sep 1, 2020 36 $191.89 Oct l, 2020 37 $191.89 Oct 30, 2020 38 $191.89 Dec 1, 2020 39 $191.39 Dec3l, 2020 40 $191.89 Feb 1, 2021 41 $191.89 Ma: 1, 202] 42 $191.89 Apr 1, 2021 43 $191.89 Apr 30, 2021 44 $191.89 Jun 1, 2021 45 $191.39 Jul 1, 2021 46 $191.89 Jul 30, 202] 47 $191.89 Sep 1, 2021 48 $188.0? Oct 1, 2021 Security You are giving a security interest in the ACH Authorizations. Late Charge Ifyou fail to make all or any part 0f a scheduled installment payment within 15 days of its scheduled installment due date, you may be charged a late charge of $ 15.00. Prepayment Ifyou cancel the loan before the cancellation deadline described below, any interest we-haVe assessed Will be waived. Ifyou pay ofi early, you will not have to pay a penalty. Contract Reference: See your contract documents for any additional information about nonpayment, default, our right to accelerate maturity of this Agreement, any required repayment in full before the scheduled due date, and prepayment refimds and penalties. UP: 301365 Itemization ofAmount Financed $3,250.00 Amount given to you directly The Itemizatian ofAmount Financed provision discloses the actual amount ofcash you receive and retain. It also discloses the funds paid to third pemns. It also discloses any fees, charges, costs, insurance premiums, or other sums you paid or we pay on your behalfwhen we make the loan. ADDITIONAL TERMS PRONIISE T0 PAY, LATE CHARGE, AND CALCULATION 0F INTEREST You promise to pay us $3,250.00 (the amount 0f the principal) plus interest fi'om the Projected Disbursement Date set forth above until the final installment due date set forth in the payment schedule above (‘Tayment Schedule”), or any adjusted payment schedule subsequently agreed to by you and us and confinned by us in writing (‘Maturity Date”). You also promise to pay any other chaIges provided for under this Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Agmement assuming you pay all your scheduled installment payments when due according to the Payment Schedule. You promise to make the payments you owe by authorizing us t0 initiate electronic fund transfers fi'om such a deposit account ofyours; 01', in the event that we are unable to process electronic fund transfers, by making payment by another method acceptable to us. If you fail to make all or any part ofa scheduled installment payment within 15 days of its scheduled installment due date, you may be charged a late charge of $15.00. We charge interest under an adjusted daily simple interest method at the annual rate of 65.00% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contact Rate to the “Adjusted Principal Balance” from the Disbursement Date until the earlier of (i) the Maturity Date, (ii) prepayment in fill], or (iii) acceleration pursuant to the default provisions. The term “Adjusted Principal Balance" (hereinafter the “APB”) means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments of principal. “Timely” means making payment in accordance with the Payment Schedule or any adjusted payment schedule agreed to by the parties and confirmed by us in writing. The APB will equal the outstanding loan principal balance ifyou make all payments timely and no other payments. You will not be required to pay more total interest than the amount set forth in the Finance Charge box above. PREPAYMENT. You have the right to prepay in full or in part at any time. You will not incur an additional charge, fee or penalty for prepayment. Prepayments of principal may reduce the total amount of interest you pay under this Agreement. To process a partial or full prepayment or receive a payofi’ balance, you should cal] us at 877-392-2014 or tell us ofyour intent to prepay in Writing via fax at 855-878-1068 or email atmm@nm,ggr_n. Please note that, unless otherwise specified, any payoff amount we provide will be calculated as ofthe date we expect to seek payment from your deposit account for the balance owing. CANCELLATION. You have the right to cancel this Loan until 06:00 PM Eastern Time on the next business day immediately following the disbursement date (as applicable, the “Cancellation Deadline”). To cancel, you must, no later than the Cancellation Deadline, inform us in writing via fax at 855-878- 1068 0r email at flpm@n§tcredig.ggm ofyour intent to cancel, which will authorize us to debit for the principal amount ofthe Loan, as described below. Ifyou seek to cancel and your cancellation payment is successful, all interest that has accrued will be waived and you Will have no further payment obligations under this Agreement. Ifyou seek to cancel but your cancellation payment is returned unpaid or is otherwise not successful, your Loan Will not be cancelled and your obligations under this Agreement will continue just as ifyou had not attempted to cancel. APPLICATION OF PAYNIENTS. Payments will be applied first to satisfy any past due amounts owing, and then to any currently scheduled installment amounts owing. Ifyou are past due, we credit a1] payments received fiIst to the oldest past due amounts owing by applying such t0 accumulated but unpaid interest and fees, and then to past due principal owing. We repeat the process until all past due amounts have been paid in full. Ifyou are not past due, we credit a1] payments to the current or upcoming scheduled installment by applying such to interest and fees, and then to principal as of the date received. Ifan eaIly payment is less than the amount ofthe next scheduled installment, then you must pay the difierence on 0r before the corresponding installment due date. Making an installment payment in excess ofwhat is due may reduce the total amount of interest you are scheduled to pay under this Agreement and your remaining payments (starting with your last payment and working backwards). However, you cannot generally rely on an excess payment made on or before one installment due date to satisfy the installment obligation associated with the next installment due date. For example, ifyou have a 12-installment loan and, on your second installment due date, you make a double payment, you Will still owe a regular installment payment on your third due date (but that extra payment will likely reduce the amount of interest you pay and may reduce or eliminate your twelfth installment payment). ELECTRONIC FUND TRANSFER AUTHORIZATION FOR YOUR LOAN PROCEEDS. You authorize us to initiate an electronic fund transfer (“EFT”) 130 credit the checking or savings account specified in your ApplicationfData Verification form or any substitute account you may later provide us (the “Deposit Account”) with the proceeds ofyour Loan. In the event that we make an error in processing this EFT, you further authorize us to initiate an EFT to the Deposit Account to correct the error. You authorize us to initiate EFT credits to the Deposit Account as may be necessary to obtain an accurate balance under this Agreement. PAYMENT AUTHORIZATION. EFT Authorization for Installment Payments; Error Correction; and in the Event of Acceleration, the Loan Balance You authorize us (Which includes, for the purpose of this Payment Authorization, our scrvicersiservice providers, successors and assigns and the servicers/service providers ofour successors and assigns) to initiate an EFT through the ACH network (or another network of our choosing) from the Deposit Account for the following: I Each of the installment payments due under the Agreement (or, ifyou make a partial installment payment, the amount of the installment less the amount ofany such payment) on or afier its due date, including any payment due on a non- banking day, which will be processed on the following banking day; o In the event that you fail to make a1] or any pan ofa scheduled payment within 15 days of its scheduled installment due date, you may be charged a late chaIge of $15.00 on or afier the next scheduled installment due date; o The final installment payment due, which may vary based upon payment history (including early payments or extra payments) during the course of the Agreement; u In the event that you cancel the loan as prescribed in the Cancellation provision above, the entire loan principal Within two business days oftimely cancellation; I In the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including all accrued and unpaid interest that you owe under this Agreement, due and payable, the Accelerated Balance on or after the date we accelerate; and o The amount required to correct any error we make in processing an EFT on or afler the date we make the error. If any payment cannot be obtained by EFT, you remain responsible for such payment under the Agreement. You agfee that we may resubmit any returned EFT as permitted by law and network rules. Ifyou incur any late fees, you agree to allow us to add the amount of any late fee that comes due t0 your next scheduled installment EFT or to initiate a separate EFT for the late fee. You agree that we do not need to provide you with advance notice of an EFT we initiate for an installment payment if the amount of the EFT is less than the installment payment (for example, due to a partial payment). You acknowledge that the origination of EFT transactions to the Deposit Account must comply With the provisions ofU.S. law. Modified Charges Instead of or in addition to any ofthe EFTs described above, you authorize us to process any EFTs you subsequently confirm by phone, fax, text message, email, or by logging into the online Loan account portal. Right to Stop Payment and Procedure for Doing So You may, at any time, tenninate this Payment Authorization. Here’s how: Cal] us at 877-392-2014, write us via fax at 855- 878-1068, e-mail us atmm. We Will discontinue initiating any EFTs you specify as soon as we reasonably can and, in any event, within three business days after receiving your termination request. Ifyou call, we may also require you to put your request in writing and get it to us within 14 days after you call. In the event that you terminate this authorization, you may make payments 0n your loan by calling us at 877-392-2014 to initiate repayment by debit card, money order, Western Union, 01' MoneyGram or by sending us a check to NetCredit, P.O. Box 206766, Dallas, TX 75320-6766. The Individual account ID and Customer Name should be include With payment. No correspondence should be included. Range of Varying Amounts Please note that you have the right to receive notice of all transfem varying in amount. To receive such notice, please request one by calling us c/o NetCredit at 877-392-2014 or Wfiting us via fax at 855-878-1068 or e-mail at g1ppo_rt@netcredit.com. Unless you contact us, you authorize us to vary the EFT for an installment payment so long as such EFT is at least 50% and no more than 110% ofthe amount specified in the Payment Schedule (as adjusted for any partial prepayments you may make or any late fees you may incur) or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing. For any debit outside of this specified range, we will send you a notice. Your Deposit Account Information If there is any missing or erroneous information concerning your Deposit Account or the financial institution that holds it, then you authorize us to verify and correct such information. You have given us certain information about your Deposit Account so that we can verify the account number and routing number and you acknowledge that your Deposit Account is a legitimate, open, and active account. Fees Your Financial Institution May Charge You For Rejected Payments You understand that the financial institution holding your Deposit Account may impose additional fees in connection with returned 0r rejected EFTS, and you agree that we do not have any liability regarding any such feesJN THE EVENT THAT YOU DO NOT HAVE SUFFICIENT FUNDS IN YOUR DEPOSIT ACCOUNT TO COVER THE AMOUNT 0F ANY EFT AUTHORIZED HERE, YOU SHOULD CONTACT US AT LEAST THREE BUSINESS DAYS IN ADVANCE OF OUR INITIATING THE EFT SO THATWE CAN STOP THE EFT AND ARRANGE FORAN ALTERNATIVE METHOD 0F REPAYMENT. Full Force and Efl'ect This Payment Authorization will remain in fill] force and effect until (i) we have received notification from you, as instructed above, of its termination in such time and in such manner as to afl'ord us and the financial institution holding the Deposit Account a reasonable opportunity to act on it, or (ii) upon fill] and final payment ofthe amount you owe us under this Agreement. Optional Nature of Authorization Please note that you are not required to authorize us to initiate EFTs for your installment payments to enter into this Agreement. You have the option of arranging to make your installment payments by a method that does not involve EFTs. You agree that making your installment payments by EFT is for your convenience. By signing this Payment Authorization and by entering the last four digits of your Social Security Number below and clicking the “I AGREE” button below, you acknowledge that you are voluntarily choosing to make your installment payments by EFT. SECURITY. Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Stafi'Commentary to Regulation Z §1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because Federal and California law do not clearly address whether our interest in the ACH Authorization is a "security interes ." WAIVER OF JURY TRIAL. Subject to the Arbitration Provision, ifyou sign this Agreement you waive your right t0 have ajury trial to resolve any dispute you may have against us or a related third party. This Waiver ofJury Trial provision does not apply to you if, at the time of entering into this Agreement, you are a member ofthe armed forces or a dependent of such a member covered by the Federal Milimry Lending Act. DEFAULT AND ACCELERATION. Subject to any applicable law Which may require that we notify and/or give you a right to cure your default, we may declare you in default under this Agreement for any of the following reasons: (i) ifyou do not pay in fiJll a payment in accordance with the Payment Schedule or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing; (ii) ifyou violate any promise you make to us in this Agreement; (iii) ifyou file for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relieffrom debt; (iv) if you have made a false 0r misleading statement about an important matter in connection With this Agreement, including your application for credit; 0r (v) you die or become legally incompetent. In the event of default, we may (i) daclare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges pennitted by law, immediately due and payable; (ii) proceed to reduce our claim to a judgment in accordance with applicable law; and (iii) exercise any other rights we have under this Agreement or the law. To the extent permitted by applicable law, you agree to pay our court costs, reasonable attomeys’ fees and other collection costs related to the default. North Dakota and Wisconsin Residents Pursuant to applicable law, no provision(s) in this Agreement providing for the payment of attomeys’ fees by You shall apply. NON-WAIVER 0F OUR RIGHTS. By choosing any one or more ofthese remedies listed above, we do not give up our right to use another remedy later. By deciding not to use any remedy should you be in default, we do not give up our right to consider the event a default if it happens again. We may delay 01' refrain from enforcing any ofour rights under this Agreement Without waiving such rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us. CREDIT REPORTING. We may report information about your Loan to credit bureaus. Late payments, missed payments or other defaults on your Loan may be reflected in your credit report. If you believe that any information about your Loan that we have furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity thefi in connection with any Loan made by us, write to us at NC Financial Solutions of California, LLC. Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, lL 60604. In your letter (i) provide your name and Loan number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report. GOVERNING LAW AND EXECUTION. This Agreement (other than the Arbitration Provision) and all related disputes are governed by the laws of the United States and the State of California. Except as provided in the ARBITRATION PROVISION. ifany provision of this Agreement is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. This Agreement is a final expression ofthe agreement between you and us and this Agreement may not be contradicted by evidence of any alleged oral agreement. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall release any party from liability unless otherwise expressly stated in writing. All of our rights are cumulative. Ifwe approve this Agreement, then you agree that this Agreement will be binding and enforceable as to both parties. CORRESPONDENCE. A11 notices to us must be sent via fax at 855-878-1068 or e-mail at m@netcredjt.com (“the Notice Address”), with such attention as may be specified in this Agreement. To the extent permitted under applicable law, any notice you send us will not be efi‘ective until we receive and have had a reasonable opportunity to act on such notice. Any written or electronic correspondence we send to you will be efiective and deemed delivered when sent in accordance with any authorization for electronic communications you execute or mailed to you at your mail address, as it appears on our records. BANI(RUPTCY. A11 bankruptcy notices and related correspondence to us must be sent to the Notice Address, Attn: Bankmptcy Notice. You promise that you have no current intent to file any bankruptcy petition and have not consulted a bankruptcy attorney in the past six months. CHANGE IN CIRCUMSTANCES. You must notify us ofany changes to your name, mailing or email address, or phone number (including your cell phone number) within fifieen (l 5) days by writing us at the Notice Address or going on the Website. We will rely on your mail and email addresses as they appea: on our moords for any and all communications we send you by mail or email unless and until either you or, in the case of your mailing address, the U.S. Postal Service, notifies us ofa change of address and we have had a reasonable opportunity to act on such notice. PARTIAL PAYNIENTS MARKED PAYNIENT IN FULL; SETTLEMENTS. Any check 01' other payment you send us for less than the total outstanding balance due under this Agreement that is marked “payment in full” or with any similar language or that you otherwise tender as full satisfaction ofa disputed amount must be sent t0 NetCredjt, R0. Box 206766, Dallas, TX 75320-6766. We may deposit any such payment without such deposit efi'ecting a satisfaction of the disputed amount. Any settlement ofyour Account balance for less than What is owed requires our written agreement. INADVERTENT OVERCHARGES It is not our intention to charge any interest, fees 01- other amounts in excess of those permitted by applicable law or this Agreement. Ifany interest, fee or other amount is determined to be in excess of that permitted by applicable law or this Agreement, the excess amount will be applied to reduce the ou1standing balance due under this Agreement or, if there is no outstanding balance, will be refunded to you. CREDIT REPORTS; CREDIT HISTORY. You authorize us t0 obtain credit and other reports about you from time to time. CONTACTING YOU; PHONE AND TEXT MESSAGES; CALL RECORDING. You authorize us and our assignees and the affiliates, agents, representatives, assigns and service providers ofus and our assignees (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 Agreement, including infomation about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such conflicts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply t0 the Messaging Parties in connection with this Agreement, the Messaging PaIties' servicing andfor collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone 0r email account may listen to 0r 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 andfor Internet services, and you agfee that the Messaging Parties will have no liability for Such charges. You expressly authorize the Messaging Parties to monitor and recurd your calls With the Messaging Parties. You understand that, at any time, you may withdraw your consent t0 receive text messages and calls to your cell phone 01' to receive artificial or prerecorded voice message system calls by calling the Messaging PaIties at 87"F-392-2014. T0 stop text messages, you can also simply reply “STOP” t0 any taxt message the Messaging Parties send you. To stop emails, you can follow the opt-«out instructions included at the bottom oftha Messaging Parties‘ emails. ASSIGNMENT. We may sell or otherwise transfer our rights under this Agreement and amounts owed by you to another creditor at any time. Ifwe do, this Agreement will remain in effect. You may not transfer your rights under this Agreement. Any attempt to do so will be mid. MILITARY LENDING ACT. Genaml The Military Lending Act provides protections for certain members ofthe Armed Forces and their dependents (“Covered Borrowers”). The provisions of this section apply to Covered Borrowers. If you would like more information about whether you are a Covered Borrower and whether this section applies to you, please contact us at 877-392-201 4. Statement ofMAPR Federal law provides important protections to members ofthe Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of36 percent. This rate must include, as applicable to the credit transaction or account: (l) the costs associated with credit insurance premiums; (2} fees fur ancillary products sold in connection with the credit transaction; (3) any application fee charged (other than certain application fees fur specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account). Oral Disclosures Before signing this Agreement, in order tn hear important disclosures and payment information about this Agreement, please call 877-392-2014. Covered Borrowers Savings Clause The provisions of this Paragraph apply only tn a “Covered Borrower” as that term is defined by 32 C.F.R. § 232.3(g). If any contract provision nut identified herein is contrary t0 the rights and protections afforded t0 you by Federal law pursuant to 10 U.S.C. § 987 and its implementing regulations, including, but not limited to 32 (LEE. § 232.8, then the conflicting prufisinnl or proscribed terms are inoperative, and shall have no force and effect. However, all remaining contract terms and provisions not proscribed or prohibited shall remain in full force and effect. MISCELLANEOUS. The section headings used in this Agreement are for convenience ofreference only and do not in any way limit or define your 01' our rights or obligations hereunder. If any provision of this Agreement is invalid or unenforceable under any law, rule or regulation, it shall not afi’ect the validity or enforceability of any other provision of this Agreement. Except as otherwise provided in this Agreement or as required by applicable law, we Will not be responsible for any claim or defense you may have against any third party that arises out 0f or in connection with this Agreement. ARBITRATION PROVISION. Arbitration is a process in Which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an “arbitrator“) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party t0 the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The aIbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision! THIS ARBITRATION PROVISION APPLIES UNLESS (1) YOU HAVE EXERCISE!) 0R EXERCISE YOUR RIGHT T0 REJECT ARBITRATION 0R (2) As 0F THE DATE 0F THIS AGREEMENT, YOU ARE A MEMBER 0F THE ARMED FORCES 0R A DEPENDENT 0F SUCH MEMBER COVERED BY THE FEDERAL MLITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY T0 YOU, PLEASE CONTACT US AT 877-392-2014. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL INIPACT ON HOW LEGAL CLAMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT T0 0PT-OUT 0F (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO: 1. YOU ARE WAIVING YOUR RIGHT T0 HAVE A JURY OR A COURT, OTHER THAN A SMALL CLAIMS COURT 0R SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT T0 SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, 0R IN ANY OTHER REPRESENTATIVE» CAPACITY, ANDIOR T0 PARTICIPATE AS A MENIBER OF A CLASS 0F CLAIMANTS, [N COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT T0 ARBITRATION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: Interstate Commerce This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“ AA”), 9 U.S.C. § 1 e‘t seq., and not by any state arbitration law. 5.9mm For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, Without 1imi1ation (a) all federal 01' state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, and/or any past agreement or agreements between you and us, any loan or credit product or related product or services obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which anse before the efi‘ective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation ofany local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any ofour employees, directors, officers, shareholders, governors, managers, members, parent company or afi’lliated entities, or assignees (including but not limited to NetCredit) or against the servicer ofyour Loan (including but not limited to NetCredit) (hereinaficr collectively referred to as “related third panics“), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities ifyou assert a Claim against such other persons and entities in connection With a Claim you assert against us or related third parties; and (h) all data breach or pn'vacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. Notwithstanding the foregoing, the word “Claim” does not include any dispute 0r controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply t0 (1) 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; or (2) any disputes that are the subject ofa class action filed in court that is pending as ofthe efl’ective date of this Arbitration Provision in which you are alleged to be a member ofthe putative class for as long as such class action is pending. Class Action Waiver Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member, or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claims brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the Arbitration Provision. If the Class Action Waiver is limited, voided 0r found unenforceable, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceedings, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject ofthe dispute along with the relief requested. Your notice must be sent to NC Financial Solutions of California, LLC. Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. Ifa lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit. Administramr Regardless 0fWho demands mbitration, you shall have the right to select either ofthe following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 1001 9 (1 -80{)- 778-7879), h_t_tp;/[www.adr.grg; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), h_ttp:_//jamadmom. However, the parties may agree to a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If the AAA and JAMS are unable or unwilling to serve as administrator, or the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to Where you reside. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, ofyour decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to NC Financial Solutions of California, LLC. Attn: General Counsel, 175 W. Jackson B1vd., Suite 1000, Chicago, IL 60604. If you fail t0 notify us, then we have the right t0 select an arbitration organization. The arbitration will be governed by the rules and procedures of this arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In an event of a conflict between the provisions of the Arbitration Provision, on the one hand, and any applicable rules ofthe AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting C1aim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) 120 select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. Arbitramr and Amrd Any arbitrator must be a practicing attorney With ten or more years of experience or a refired judge. The arbitrator Will not be bound by judicial rules ofprocedure or evidence that would apply in a court, nor by state 01' local laws that relate to arbitration proceedings. The arbitrator will apply the same statues of limitations and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In detennining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, which would apply ifthe matter had been brought in court. The arbitrator may award any damages or other relief 0r remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor ofthe individual party seeking reliefand only to the extent necessary to provide reliefwarranted by that party’s individual claim). Magma: At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for C]aim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (Ifyou have already paid a filing fee for asserting the Claim(s) in court, you will not be required t0 pay that amount again). We will not seek reimbursement of such fees from you even ifwe prevail in the arbitration. In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator’s rules or that we are required to pay for this Arbitration Provision t0 be enforced. The arbitrator will have the authority to award fees and costs of attorneys, Witnesses and experts to the extent pennitted by this Agreement, the administrator’s rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs ifand to the extent you prevail, if applicable law requires us to or ifwe must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a briefexplanation of the grounds for the decision. ABPLal The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, and ifpermitted by the Administrator’s rules, you 01' we can, Within 14 days afier the entry of the award by the arbitrator, appeal the award to a threc-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect ofthe initial award requested by the appealing party. The decision of the panel shall be by majority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be cunducted pursuant to or modeled afier the JAMS Optional Appeal Procedure, available at 1111p://Eww.jamsadr.conles-ogtional-appmpmgm. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal Will be borne in accordance with the paragraph above titled “Fees and Costs.” Any final decision ofthe appeal is subject t0 judicial review only as provided under the FAA. Ajudgment on the award may be entered by any court having jurisdiction. Notige and Cure; pgcigl ngmgnt Prior to initiating a Claim, you may send us a mitten Claim Notice. In order for a Claim Notice to be valid and efi'ective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis ofyour Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” pamgraph of the Arbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at NC Financial Solutions of California, LLC. Attn: General Counsel, 175 W. Jackson Blvd, Suite 1000, Chicago, IL 60604. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit you for the standard cost ofa certified letter. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the reliefyou request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (n01: including any arbitration fees and attorneys’ fees and costs to which you Will also be entitled). We encourage you to address a1] Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single awaId that applies t0 all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated OPT-OUT PROCESS. You may choose to opt out of this Arbitration Provision but 91113; by following the process set forth below. Ifyou do not wish to be subject to this Arbitration Provision, then you must notify us in writing postmarked within sixty (60) calendar days of the date of this Agreement at the following address: NC Financial Solutions of California, LLC. Attn: General Counsel, 1'75 W. Jackson Blvd, Suite 1000, Chicago, IL 60604. Your notice must be sent to us by certified mail, return receipt requested. Upon receipt ofan Opt-Out Notice, we will credit you for the standard cost 0f a certified letter. Your Opt-Out Notice must include your name, address, Social Security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision and must not be sent With any other correspondence. Indicating your desire to opt out of this Arbitration Provision will not afi’ect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision between you and us. _<1I_Bin 'ngJflEfi LSJLm'xalLfiemaLiEx This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement and any transaction between you and us and continues in fiJll force and effect unless you and we otherwise agree in writing. Ifany part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. CONSENT T0 ELECTRONIC DISCLOSURES To apply for and obtain a loan through us, you must agree to receive all infomation and disclosures regarding your loan electronically. By electronically signing this document (the “Consent”), you agree that: I Any infomation provided to you in connecfion with your transaction, including, but not limited to, thia Consent, your Loan Agreement, on-going cormnunications with you regarding your loan, and other legally required notices, disclosures and information, will be provided by elactmnic communication. i You may contact us 1'11 writing at 17’5 W. Jackson Blvd, Suite 1000, Chicago, 1L 60604 0r phone at 8T7~392-2014 t0: (i) obtain a paper copy of any communication at no chaIge; (ii) withdraw your Consent to receive information electronically; or (iii) change the e-mail address at which you receive communications from us. There are no conditions, consequences, or fees associated with withdrawing your consent other than that we would no longer communicate with you electronically. t Tu receive electronic communications in connection With this transaction, you will need a working Internet connection and a browser that supports Transport Layer Security (TLS) 1.0 or greater with a 128-bit encryption. These features are available in the current versions 0fpopular browsers such as Firefox, Internet Explorer, Google Chrome, and Safari. You will also need the ability t0 either print electronic communications or store them to your hard drive (500 KB of storage per message is typically sufficient). IMPORTANT NOTICES REQUIRED BY LAW California Residents You agree that we may access your credit report in connection with any transaction, 0r extension of credit, and on an ongoing basis, for the purpose 0freviewing this Agreement, taking collection action on this Agreement, or for any other legitimate purposes associated With this Agreement. 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 ofthe 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 ifyou fail to fulfill the terms ofyour credit obligations. Broker You represent and warrant that n0 person has performed any act as a broker in connection with the making of this loan. By clicking the “I AGREE" button below and providing any additional information as may be requested below, you understand and acknowledge that you are taking the following three (3) separate actions: 1. PAYMENT AUTHORIZATION By typing in the last four digits ofyour Social Security number below and clicking the “I Agree” button below, you are electronically signing the Payment Authorization and you certify that you have fully read and understood the sections of this Agreement captioned "PAYMENT AUTHORIZATION" and " ELECTRONIC FUND TRANSFER AUTHORIZATION Fg2R YQEJE LglAN PRgIQEEDS", you agree to comply with, and be bound by, their terms and you agree and understand that you are authorizing us to credit your Deposit Account with the proceeds 0fyour Loan and to seek payment from this Deposit Agreement for the amounts owed under this Agreement as set forth in those sections. Enter the last 4 digits ofyour Social Security Number- Please note that we scparately authenticate the above electronic signatum when you click the "I Agree" button below 2. AGREEMENT T0 INSTALLMENT LOAN AGREENlENT By entering your name and social security number below and clicking the “I AGREE” button below, you are electronically signing this Agreement and acknowledging that (a) you understand that NetCredit, “would be your lender under the above Agreement; (b) the Agreement was filled in before you signed and that you have reviewed the entire Agreement including the FEDERAL TR -IN-LEND DI L ; (c) you have reviewed and agee to NetCredit's PB! 2A; §Y Pg 2L1; :Y; (d) you acknowledge that your right to file suit against us for any claim or dispute regarding this Agreement is limited by theM and ARBITRATIS 2N provisions; (e) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for reliefunder any chapter ofthe United States Bankruptcy Code; and (t) you acknowledge that you have read and understood a1] of the terms of this Agreement, including the provisions mentioned above and you agree to comply with, and be bound by, a1] of those terms. Please note that When you click the 'I Agree‘ button below, we authenticate your Electronic signature and we also separately authenticate your electronic signature for the PAYMENT AUTHORIZATION that you separately and voluntarily entered above. YOU SHOULD PB! N If AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. AN ELECTRONIC COPY WILL BE MAINTAINED ON THIS WEBSITE IN YOURPASSWORD PROTECTED CUSTOMER HISTORY. Any comments or questions may be directed to Customer Comment Line at the following toll-free number: 877-392- 2014 or via e-mail toflpm@gmgm. CAUTION: IT [S IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION 0R ARE A MEMBER OF TEE ARMED FORCES 0RA DEPENDENT 0F SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT 0N YOUR RIGHTS IN THE EVENT 0F A DISPUTE WITH US. FOR EXAMPLE, IF WE ELECT T0 REQUIRE YOU T0 ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE [N A CLASS ACTION IN COURT OR IN ARBITRATION. 3. CONSENT TO ELECTRONIC COMlVIUNICATIONS AND ELECTRONIC SIGNATURES By clicking the “I AGREE” button below, you are confirming that: (1) your system meets the requirements set forth above in the Consent to Electonic Communications (the “Consent”); (2) you agree to receive all communications electronically and otherwise agree to the terms and conditions of the Consent; and (3) you are able to access and print or store information presented at this website. By clicking the “I AGREE” button below, you have consented to sign this Agreement using an electronic signature, you intend: (i) your electronic signature to be an electronic signature under applicable federal and state law; (ii) any printout of an electronic record of this Agreement and related notices to be an original document; (iii) to conduct business with Lender by electronic records and elecuonic signatures; and (iv) this Agreement will not be governed by Article 3 ofthe Uniform Commercial Code. NOTICE TO BORROWER (a) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ THE WRITING ABOVE, EVEN IF OTHERWISE ADVISED. CAUTION-IT IS IMPORTANT THATYOU (b) D0 NOT SIGN THIS AGREEMENT IF IT CONTAINS ANYBLANK SPACES. THOROUEfinggUT$§$FEMNT (c) YOU ARE ENTITLED To AN EXACT COPY 0F ANY ' AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT WITHOUT PENALTY. By clicking "I Agree" below, I understand that an inquiry Will be run on my credit report, which may impact my credit score. Signature block: Signed At: 08:51 PM on September 24, 2017 Connected From: 97.84.68.92 Signed By: Robert Norris xxx- xx-6530 Signed As: Robert Norris xxx-xx-653D Contract: {SHA} 5182d336c19a70825d976b1e39a904b5ab06d6e1 ACH Authorization: {SHA} 87db8752c595427cfa7ac49e01 367905aa63553d NetCredit Signature Block: Signed at: 12:24 AM on September 26, 2017 Signed by: David Fisher, President, NC Financial Solufions, LLC, as sole member ofNC Financial Solutions of Califomia, LDC (d/b/a NetCredit) NetCredit: {SHA} d39b928bfi'700837186d296eb44850549f86890d EXHIBIT B |oan_number id account_id state first_name last_name loan_id acfivity_type event_effective_date agency_id activity_amount ggst_due_balance_outstan Ing 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 11/2/2017 12:00:00 AM 6 191.89 191.89 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 payment 11/1 5/2017 12:00:00 AM 6 191.89 0 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 12/2/2017 12:00:00 AM 6 191.89 191.89 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 payment 12/20/2017 12:00:00 AM 6 191 .89 0 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 12/30/2017 12:00:00 AM 6 15 398.78 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 12/30/2017 12:00:00 AM 6 191 .89 797.56 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 2/2/2018 12:00:00 AM 6 206.89 605.67 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 3/2/2018 12:00:00 AM 6 206.89 812.56 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 default 3/31/2018 12:00:00 AM 6 206.89 1019.45 201 7CA1 69072563 139697 12551030 CA Robert Norris 1326982 ca||_due 4/30/2018 12:00:00 AM 6 3335.71 4355.16
