Exhibit List PartyCal. Super. - 6th Dist.March 2, 2021\OOOflOUl-RUJNr-A NNNNNNNNNr-tr-tb-tr-tr-tHr-tp-Ar-‘r-A OOQONUI-PUJNHOKOOOQQUI-PUJNF-‘O 21 CV378926 Swabm-GW Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 95 1 12-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 R.Ng Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/28/2021 7:10 PM Reviewed By: R. Nguyen Case #21 CV378926 Envelope: 7946783 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff ALEXANDER ZAVAL AGUILAR SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ALEXANDER ZAVAL AGUILAR, Plaintiff, V. CACH, LLC, a Colorado limited liability company; MANDARICH LAW GROUP, LLP, a California limited liability partnership; CHRISTOPHER D. MANDARICH, individually and in his official capacity; and DOES 1 through 10, inclusive, Defendants. Dated: December 28. 2021 Case No. 2 1CV378926 (Unlimited Civil Case) REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO SPECIAL MOTION TO STRIKE (EXHIBITS 51-75) Hearing Date: January 11, 2022 Hearing Time: 9:00 am. Hearing Dept: 7 Hearing Judge: Christopher G. Rudy Hearing Location: 191 North First Street San Jose, California CONSUMER LAW CENTER, INC. By: E Fred W. Schwinn (SBN 225575) D Raeon R. Roulston (SBN 255622) D Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 95 1 12-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff ALEXANDER ZAVAL AGUILAR -1- REQUEST FOR JUDICIAL NOTICE (EXHIBITS 51-75) Case N0. 21CV378926 uyen \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electmnicaily Christopher D. Mandarich SB 220693 Em, m fl w Ajay Sood 33325294 Em Cw‘gfij'ng ““‘Ws’ma‘ Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 By fflnthfln'u‘ Btiini Alejandro Blake $3336756 DEW ”er“ MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21 -CLJ-03021 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED KRISTIN PAULSON, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND: $2,408.30 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest t0 original creditor, CAPITAL ONE BANK (USA), N.A.. 2.Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is CAPITAL ONE BANK (USA), N.A., 4851 COX ROAD GLEN ALLEN, VA 23060, and the account number associated with this debt is XXXXXXXXXXXX2019. 5.Plaintiff is informed and believes that Defendant are individuals who currently reside Exhibit "51 " COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is KRISTIN PAULSON, PO BOX 1765 , WOODINVILLE, WA 98072-1765. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, CAPITAL ONE BANK (USA), NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CAPITAL ONE BANK (USA), N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX2019 (hereinafter “Account”). 10.Pri0r 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 repay CAPITAL ONE BANK (USA), N.A. and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CAPITAL ONE BANK (USA), N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n August 16, 2018. 15.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. 16.The debt balance at charge-off was $2,408.30, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $2,408.30. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Upon information and belief, CAPITAL ONE BANK (USA), N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $2,408.30 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CAPITAL ONE BANK (USA), N.A.. Although demand has been made upon Defendant, said amount 0f $2,408.30 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $2,408.30, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/25/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A Page 1 of 2 Platinum MasterCard Account Ending in 2019cap'ta/lg ! E: Jul. 24, 2018- Aug. 23, 2018 | 31 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $1,985.19 the deadline is 8pm ET.sep- 201 2018 Payments - $50.00 New Balance Minimum Payment Due Other Credits $0.00 $1,992.08 $5]. .00 Transactions + $25-17 LATE PAYMENT WARNING: If we do not receive your minimum payment Gas“ Advances + $000 by your due date, you may have to pay a late fee of up to $38.00. Fees Charged + $0.00 MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you IntereSt Charged + $31-72 ff | . F | :longer to pay o your ba ance or examp e New Balance = $1 ’992-08 If you make no You will pay of'f And you will additional charges using the balance shown end up paying _ _ _ this card and each on this statement an estimated Credlt LImIt $2.100-00 month ou a in about... total of... . .y p y Available Credlt (as of Aug. 23, 2018) $107.92 Minimum Payment 11 Years $41157 Cash Advance Credit Limit $1,050.00 $73 3 Years $2'616 Available Credit for Cash Advances $107.92 Estimated savings if balance is paid off in about 3 years: $1,541 If you would like information about credit counseling services, call -. Rewards Balance Track and redeem your rewards with our774 mobile app or on Previous Balance Earned This Period Redeemed This Period 749 25 0 Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-955-7070 amm- See reverse for Important Information Please send us this portion of your statement and only one check (or one money order) to ensure your payment is processed promptly. Allow at least seven business days for delivery. 400038 Get the app designed t0 save time. Payment Due Date: Sep. 20, 2018 Account Ending in 2019 ' Errortiessiy manageyour_ _ account on the go with New Balance Minimum Payment Due Amount Enclosed the Capital Oneit mobile app $1,992.08 $51.00 $ KRISTIN PAULSON EBLH leTH PL NE BELLEVUE1 MA WEEDS-Blah Capital One III I P-o- BOX Ensqq ”I City of Industry1 CA 31715-0533 How can | Avoid Paying Interest Charges? If you pay your statement's New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the porlion of the balance that you did not pay. For Cash Advances and Special Transfers, we will start charging Interest on the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge applied? Interest Charges accrue from the date of the transaction or the rst day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Chame? We may assess a minimum Interest Charge of $0.50 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new hansactions). .First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3.At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges forall segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can my Variable APR change? YourAPRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds with the letter next to your APRs in the Interest Charge Calculation section of this statement. _\ Code next to How do we calculate your When your APR(s) will change vour APR(s) APR s ? Index + mar in P Prime Rate + margin The rst day of the Billing Cycles that L 3 month LIBOR + margin end in Jan., April, July, and Oct. D Prime Rate + margin The rst day of each Billing Cycle. F 1 month LIBOR + margin How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account. Changi_ng Mailing Address? You can change your address immediately at upitalonecom or complete the information below, and return this coupon with your payment. Please print using blue or black ink. Street City State Zip code Phone Email 002 How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment rst to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with IowerAPRs. Billin Ri hts Summa Does not l to Small Business Accounts What To Do If You Think You Find A Mistake 0n Your Statement : If you think there is an error on your statement, write to us at: Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285. In your letter, give us the following information: o Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o 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. You must notify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are true: o We unnot 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. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. o We an apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatised With Your Purchase: If you are dissatised with the goods or services that you have purchased with your credit lard, and you have tied in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and 2) You must not yet have illy paid for the purchase. If all of the criteria above are met and you are still dissatised with the purchase, contact us in writing at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. ETC-08 2016 Capital One. Capital One is a federally registered service mark 11/01/16 How do I Make Payments? You may make your payment'In several ways. Online Banking by logging into your account, 2. Capital One Mobile Banking app for approved eleconic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? o For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. o For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. CapTfa/m” Visit to see detailed transactions. KRISTIN PAULSDN #2019: Payments, Credits and Adjustments Date Description Amount KRISTIN PAULSDN #6976: Payments, Credits and Adjustments Date Description Amount Aug 16 ELECTRONIC PAYMENT - $50.00 KRISTIN PAULSDN #2019: Transactions Date Description Amount Jul 28 FEDEXOFFICE 00051524REDMONDWA $2.08 Aug 7 ADOBE *PS CREATIVE CLD8008336687CA $23.09 KRISTIN PAULSON #201 9: Total $25.17 CHAD PAULSDN #6795: Transactions Date Description Amount Total Transactions for This Period $25.1 7 Date Description Amount Total Fees for This Period $0.00 I we Interest Charge on Purchases $31.72 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $31 .72 E 201cm Total Fees charged in 201 8 $60.00 Total Interest charged in 2018 $241.03 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subiect Interest Charge Balance Rate(APR) to Interest Rate Purchases 18.65% D $2,002.09 $31.72 Cash Advances 26.65% D $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. Page 2 of 2 Platinum MasterCard Account Ending in 2019 Jul. 24, 2018 - Aug. 23, 2018i 31 days in Billing Cycle 300085 Protect your credit score. Detect fraud with automatic alerts if your credit report changes with CreditWiseQ-built right into the Capital One® mobile app. EXHIBIT B ’ Page 1 of 3 Capital ‘“ Platinum MasterCard Account Ending in 2019_/ Feb. 24, 2019- Mar. 23, 2019 | 28 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $2,373.19 PAS-I- DU E the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $2,408.30 $2,408.30 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES: Gas“ Advances + $000 Your full balance is due. Any payment you make will reduce your balance Fees Charged + $000 and help pay off your debt faster. The amount you owe may differ if Interest Charged + $35 11 you've entered into a separate payment agreement. ' New Balance = $2,408.30 Available Credit (as of Mar. 23, 2019) N/A 300079 C Iawn/10116 Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: - See reverse for Important Information Please send us this portion of your statement and only one check (or one money order) to Capa ' ensure your payment is processed promptly. Allow at least seven business days for delivery. 400030 Payment Due Date: Past Due Account Ending in 2019 . ’ ® New Balance Minimum Payment Due Amount Enclosed cap'ta'one $2,408.30 $2,408.30 $ / KRISTIN PAULSON P0 BOX 1755 MOODINVILLE. MA same-1.755 Capital One III I P-o- BOX Ensqq ”I City of Industry1 CA 31715-0533 How can | Avoid Paying Interest Charges? If you pay your statement's New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the porlion of the balance that you did not pay. For Cash Advances and Special Transfers, we will start charging Interest on the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge applied? Interest Charges accrue from the date of the transaction or the rst day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Chame? We may assess a minimum Interest Charge of $0.50 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new hansactions). .First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3.At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges forall segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can my Variable APR change? YourAPRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds with the letter next to your APRs in the Interest Charge Calculation section of this statement. _\ Code next to How do we calculate your When your APR(s) will change vour APR(s) APR s ? Index + mar in P Prime Rate + margin The rst day of the Billing Cycles that L 3 month LIBOR + margin end in Jan., April, July, and Oct. D Prime Rate + margin The rst day of each Billing Cycle. F 1 month LIBOR + margin How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account. Changi_ng Mailing Address? You can change your address by signing into your account online or ulling Customer Service. 002 How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment rst to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with IowerAPRs. Billin Ri hts Summa Does not l to Small Business Accounts What To Do If You Think You Find A Mistake 0n Your Statement : If you think there is an error on your statement, write to us at: Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285. In your letter, give us the following information: o Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o 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. You must notify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are true: o We unnot 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. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. o We an apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatised With Your Purchase: If you are dissatised with the goods or services that you have purchased with your credit lard, and you have tied in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and 2) You must not yet have illy paid for the purchase. If all of the criteria above are met and you are still dissatised with the purchase, contact us in writing at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. ETC-08 2016 Capital One. Capital One is a federally registered service mark 11/01/16 How do I Make Payments? You may make your payment'In several ways. Online Banking by logging into your account, 2. Capital One Mobile Banking app for approved eleconic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? o For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. o For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. ' ' Page 2 of 3 Capital ‘° Platinum MasterCard Account Ending in 2019./ Feb. 24, 2019 - Mar. 23, 2019| 28 days in Billing Cycle Transactions 300079 Visit to see detailed transactions. ’° ® KRISTIN PAULsoN #2019: Payments, Credits and Adjustments ap'ta/lom Date Description Amount KRISTIN PAULSDN #2019: Transactions Date Description Amount CHAD PAULSDN #6795: Transactions Date Description Amount Date Description Amount Total Fees for This Period $0.00 i; Interest Charge on Purchases $35.11 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $35.11I Total Fees charged $0.00 Total Interest charged $1 1 1.05 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subiect Interest Charge Balance Rate(APR) to Interest Rate Purchases 19.15% D $2,390.07 $35.11 Cash Advances 27.15% D $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electmnicaily Christopher D. Mandarich SB 220693 “““mmw‘fla'm‘flm” “'5’" “1““ Ajay Sood SB325294 5N 6/2/2021 Hayk Stambultsyan SB320973 By {fl flnthmw Bgrini Amber Swearingen-Ojuri SB324653 Deputy Elerlt Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21-CLJ-O3034 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED EDGAR G DIAZ DAIZ, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND: $2,178.69 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest t0 original creditor, CITIBANK, N.A.. 2.Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated with this debt is XXXXXXXXXXXX5910. 5.Plaintiff is informed and believes that Defendant are individuals who currently reside Exhibit "52" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is EDGAR G DIAZ DAIZ, 1600 E 3RD AVE APT 2007, SAN MATEO, CA 94401. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, CITIBANK, NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX5910 (hereinafter “Account”). 10.Pri0r 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 repay CITIBANK, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CITIBANK, NA. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date of last payment 0n the subject account was 0n October 16, 2019. 15.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. 16.The debt balance at charge-off was $2,178.69, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $2,178.69. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, CITIBANK, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $2,178.69 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CITIBANK, N.A.. Although demand has been made upon Defendant, said amount of $2,178.69 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $2,178.69, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/26/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A EDGAR G DIAZ DAIZ 1600 E 3RD AVE APT 2007 SAN MATEO CA 94401-2152 Costco Anywhere Visa® Card by Citi EDGAR G DIAZ DAIZ Member Since 2017 Account number ending in: 5910 Billing Period: 09/19/19-10/17/19 OCTOBER STATEMENT Minimum payment due: $79.97 New balance as of 10/1 7/19: $1,662.97 Payment due date: 11/15/19 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on the statement in about... And you will end up aying an estimated otal of... Only the minimum payment 10 years $3,357 For information about credit counseling services, call 1-877-337-8187. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com 000000 NC 00 A 0 www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Account Summary Previous balance $1,773.59 Payments $173.59 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$37.00 Interest +5259? New balance $1,662.97 Credit Limit Credit Limit $2,000 Includes $600.00 cash advance limit Available Credit Limit $337 Includes $337 available for cash advance cutl‘ 505 4100 390i 2345 6789Costco Cash g Rewards Summary VISA as of 10/17/19 $0.00 » See page 3 for more information about your rewards Minimum payment due $79.97 New balance $1 ,662.97 Payment due date 11/1 5/19 Amount enclosed: Account number ending in 5910 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 2 TTY-hearing-impaired services only 1-866-210-0617EDGAR G DIAZ DAIZ CARDHOLDER SUMMARY EDGAR G DIAZ DAIZ Card ending in 591d New Charges $0.00 ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments 10/16 ONLINE PAYMENT, THANK YOU $173.59 EDGAR G DIAZ DAIZ No Activity Fees Charged 10/17 LATE FEE - SEP PAYMENT PAST DUE $37.00 TOTAL FEES FOR THIS PERIOD $37.00 Interest Charged 10/17 INTEREST CHARGED TO STANDARD PURCH $4.65 10/17 INTEREST CHARGED TO PUR PR-12/10/18. $21.32 TOTAL INTEREST FOR THIS PERIOD $25.97 2019 totals year-to-date Total fees charged in 2019 $259.00 Total interest charged in 2019 $277.42 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Days in billing cycle:29 Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASEs Standard Purch 29.99% (V) $195.19 (D) $4.65 Pur Pr 121018 16.99% (V) $1,579.01 (D) $21.32 ADVANCES standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages An annual Costco membership fee that you enrolled to auto renew will be charged to your next statement. For questions, call Costco Member Service at 1-800-774-2678. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 11/08/2019 to allow enough time for regular mail to reach us. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. c1t1' 5.; 4100 3901 2345 67.89 a Costco Cash Rewards Summary VISA Total Costco Cash Rewards Balance: $0.00 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement +$0.00 Earned this period +$0.00 Total Costco Cash Rewards Balance Year To Date: $0.00 Costco Cash Rewards Earned This Period 4% on eligible gas worldwide, including gas at Costcol +$0.00 3% on restaurants +$0.00 3% on eligible travel worldwide +$0.00 2% on Costco and Costco.com +$0.00 1% on a|| other purchases +$0.00 Total Earned: $0.00 » Visit citi.com/Costco for more information ‘Up to $7,000 per year in purchases, then 1% cash back EXHIBIT B EDGAR G DIAZ DAIZ 1600 E 3RD AVE APT 2007 SAN MATEO CA 94401-2152 Costco Anywhere Visa® Card by Citi EDGAR G DIAZ DAIZ Member Since 2017 Account number ending in: 5910 Billing Period: 04/18/20-05/19/20 MAY STATEMENT Minimum payment due: $2,178.69 New balance as of 05/1 9/20: $2,178.69 Payment due date: 05I1 9I20 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $40 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional You will pa offthe balance And you will end up charges using this card shown on t e statement in paying an estimated total and each month you pay... about... of... Onlythe minimum payment 1 months $2,179 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com 000000 NC 32 A 0 www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Account Summary Previous balance $2,142.31 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$36.38 New balance $2,178.69 Credit Limit Credit Limit $2,000 Includes $600.00 cash advance limit Minimum payment due $2,178.69 New balance $2,178.69 Payment due date 05l1 9I20 Amount enclosed: Account number ending in 5910 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 www.citicards.com EDGAR G DIAZ DAIZ CARDHOLDER SUMMARY EDGAR G DIAZ DAIZ New Charges ACCOUNT SUMMARY Sale Post Date Date Description EDGAR G DIAZ DAIZ No Activity Fees Charged TOTAL FEES FOR THIS PERIOD Interest Charged 05/19 INTEREST CHARGED TO STANDARD PURCH 05/19 INTEREST CHARGED TO PUR PR-12/10/18. TOTAL INTEREST FOR THIS PERIOD Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 Page 2 of 2 Card ending in 5910 $0.00 Amount $000 $530 $21.08 $36.38 2020 totals year-to-date Total fees charged in 2020 Total interest charged in 2020 $5aoo $6135 Interest charge calculation Balance type Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject rate (APR) to interest rate PURCHASES Standard Purcn 29.99% (V) $581.97 (D) $15.30 Pur Pr 121018 15.24% (V) $1,577.91 (D) $21.08 ADVANCES Standard Adv 29.99% (V) $0.00 (D) $0.00 Days in billing cycle:32 Interest charge Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electmnicaily Christopher D. Mandarich SB 220693 WSUFE'iflrfimfla'm‘r‘iww ”'53"”m Ajay Sood SB325294 5N 6/2/2021 Hayk Stambultsyan SB320973 33 fflnfimm 3.31m Amber Swearingen-Ojuri SB324653 Deputy Elerlt Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21 -CLJ-03039 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED MIKE MANUEL, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND: $1,463.14 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest t0 original creditor, CITIBANK, N.A.. 2.Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 571 17, and the account number associated with this debt is XXXXXXXXXXXX83 8 1. 5.Plaintiff is informed and believes that Defendant are individuals who currently reside Exhibit "53" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is MIKE MANUEL, 2001 WHITMAN WAY APT 14 , SAN BRUNO, CA 94066-4068. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, CITIBANK, NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX8381 (hereinafter “Account”). 10.Pri0r 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 repay CITIBANK, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CITIBANK, NA. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n November 22, 2019. 15.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. 16.The debt balance at charge-off was $1,508.40, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $1,463.14. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, CITIBANK, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $1,463.14 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CITIBANK, N.A.. Although demand has been made upon Defendant, said amount of $1,463. 14 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $1,463. 14, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/26/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: BESTBUY CREDIT SERVICES My Best Buy o batbuy accountonline 00m PO Box 790441 , St Louis, MO 63179 ml Accou-nt Inquiriee:Vlsav Ca rd 1_888_574_1301 Account Number: _8331 F _ _ W F _ W Summary of Account Actrvrty Payment Information PreVIous Balance $1 ,167.54 New Balance $1 ’046'44 Payments , "$18400 Minimum Payment Due $120.44Other cred'ts _$O'OO Pa ment Due Date December 2O 2018Purchases +$0.00 y ’ Cash Advances +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$37_00 date listed above, you may have to pay alate fee up to $37. Interest Charqed +$25.90 Minimum Payment Warning: If you make only the minimum payment each New Ba|ance $1 ’046I44 period, you will pay more in interest and it will take you longer to pay off your balance. For example: kPaSt Due Amount $000 J If you make no additional You will pay oft the And you willr . . . \ charges using this card balance shown on this end up paying an cred” L'm't , $1 'OOO'OO and each month you pay... statement in about... estimated total of...Available Credit $0.00 Cash Advance Limit $50.00 Only the minimum payment 6 years $2,020 Available Cash Limit $0.00 $43 3 $1.543. . . years . _ Amount Over Credit LImIt $46.44 (saV’ngs-$477) Statement Closing Date 1 1/25/201 8 It you would like information about credit counseling services, call 1-877-337-8187. Next Statement Closing Date 12/26/2018 kDays in Billing Cycle 30 k L‘M'TED T'ME *Offervalld through 12/26/18. Subjectto creditapproval. 1 MONTH FINANCING* Terms and conditions apply. Easy Replenish‘” purchases excluded.ON STOREWIDE PURCHASES $479 & UP See a storefordetalls. You are over your credit limit. Please pay at least the Minimum Payment Due, which includes an overlimit amount of $46.44. If you have already sent us this payment, thank you. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on such date thatyou indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of page 1 within the timeframe disclosed to you on the phone. Please update your phone number, including cell phone number on the back of the payment coupon. REWARDS OR V' 't BestBu .com/CreditCardt | ,FLEXIBLE FINANCING '5' V 0 earn more HM 17 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of 6 This Account is Issued by Citibank, N.A. Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. Your Account Number is - 8381 BUY Payment Due Date December 20, 2018 Po Box 6204 New Balance $1 ,046.44 Sioux FALLs. so 571 17-6204 Past Due Amount $0.00 Minimum Payment Due $1 20.44 Statement Enclosed Amount Enclosed: $ Please print address changes on the reverse side. Make Checks Payable tov BEST BUY CREDIT SERVICES MIKE MANUEL PO BOX 78009 2001 WHITMAN WAY APT 14 PHOENIX, AZ 85062-8009 SAN BRUNO, CA 94066-4068 Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days afterthe close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. We will begin charging interest on cash advances and balance transfers on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance otherthan an excluded balance. ln addition, if you have a reduced rate credit plan, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. ln billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, otherthan an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. Deferred interest offers may also be called Same As Cash or No Interest. ln addition, certain promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. lf that is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the “Purchases" line in the Summary of Account Activity. Membership Fee. Some accounts are charged a membership fee. To avoid paying this fee, tify us that you are closing your account within 30 days of the mailing or delivery date of e statement on which the fee is billed. inimum Interest Charge. lf we charge interest, the charge will be no less than $1. ther Account and Payment Information. ayment Amount. You may pay all or part of your account balance at any time. However, you ust pay, by the payment due date, at least the minimum payment due. hen Your Payment Will Be Credited. lf we receive your payment in proper form at our ocessing facility by 5 p.m. local time there, it will be credited as of that day. A payment ceived there in proper form after that time will be credited as of the next day. Allow 5 to days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in properform or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is the Express Mail Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash, gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mail. - In-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. - Online. Go to the URL on Pagel of yourstatement to make a payment. When you enroll in Online Bill Pay you can schedule your payments up to 45 days in advance using the “Other“ payment option. For security reasons, you may not be able to pay your entire New Balance the first time you make a payment online. - AutoPay. Go to the URL on Pagel ofyour statement to enroll in AutoPay and have your payment amount automatically deducted each month on your due date from the payment account you choose. /A/- HM - 3356-7204-0005- N2 -/B/- 3535879417 - C -/C/- - O - O - 42 -/D/- P - E - Y - O - Y -/E/- O - /G/-N- - - -/H/-O- -YZ7B-V -/|/-V- -O-O- - -/J/- - Phone. Call the phone number on Pagel ofyour statement to make a payment. There is no fee for this service. - Express Mail. Send payment by courier or express mail to: Consumer Payment Dept., 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213. - Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. lf you think we reported inaccurate information, please write us at the Customer Service address shown on Pagel. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Pagel. What To Do If You Think You Find A Mistake 0n Your Statement. lf you thinkthere is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Pagel of yourstatement. In your letter, give us the following information: I. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: lf 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. 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. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on yourstatement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible forthe remainder ofyour balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: I. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. lf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown on Pagel of yourstatement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. BBY MC NA FEBTB - - O - 510 -/F/-O1/27/18- 06/01/17- 17 - October26, 2018 Page 2 of 6 Please provide change of address and update/add your phone numbers‘here: L « a \ A» > *Cell: *Home: FAST STORE PICKUP" ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. Ready in one hour. Learn more at BestBuy.com/instorepickup *Some orders require additional payment validation and take longer to process. Items such as TVs, large appliances, and mobile phones with plans will takeadditional time to pick up in the store. Account: 8381 TRANSACTIONS Trans Date Description Reference # Amount 11/21 ONLINE PAYMENT DEERFIELD IL 7426937NMEYBGE1RP $ 184.00- 11/20 LATE FEE $ 37.00 TOTAL FEES FOR THIS PERIOD $ 37.00 INTEREST CHARGE_D 11/25 INTEREST CHARGE ON PURCHASES $ 25.90 TOTAL INTEREST FOR THIS PERIOD $ 25.90 201 8 TotaIs Year-to-Date Total Fees Charged in 2018 $344.00 Total Interest Charged in 2018 $246.36 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date URCHASES REGULAR $1 ,1 67.54 $1 84.00- $37.00 $25.90 $1 ,046.44 ASH ADVANCES REGULAR OTAL $1 ,1 67.54 $184.00- $37.00 $25.90 $1 ,046.44 $0.00 $0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 27.24% (M)(V) $1,156.95 $25.90 CASH ADVANCES REGULAR 29.99% (M)(V) $0.00 $0.00 (V) = Variable Rate LIMITED TIME BONUS 3%BACKIN REWARDS ON GROCERIES AND HOME FURNISHINGS Prepare for the upcoming holidays and reward yourself! Get 3% back In rewards on groceries and home furnishings now through December 31, 2018. ‘Valid 10/1/1 8-1 2/31/1 8. Get ’I .5 points per $1 spent (3% back in rewards) on net purchases made at Grocery Stores and Furniture Stores (Home, Office, Commercial and Outdoor). Subject to merchant classification of Visa‘E‘ transactions on which we rely. 266 Page 3 of 6 41300 1234 567a 9010 VALUED URDMEMEER 1234 567a 90 VISA VALUEDCARDMEMBER OA 0R 4 EM'PENE BACK ON HOME THEATER IN REWARDS AND GEEK SQUAD® PURCHASES $799 & UP PLUS, TAKE ADVANTAGE OE THESE BESTGREAT EVERYDAY BENEFITS '3‘" 6 PRICE MATCH GUARANTEE3 E FAST STORE PICKUP“We won’t be beat on price. Ready in one hour. We’ll match the product prices of key online and local competitors. FREE SHIPPING5.‘ on orders of$35 and up. ‘Gei‘lpi’iiéi ’ ‘l \ umpmitisi " x ’ ” I ‘ " :tBeaEiiyiotaimsz 2‘r2i2y2‘2o TeeiigitibiaM2NM Mdi202252222222222:2 222222 22222; “22222262222222222222 22’ ‘ 2 . 2 2; ‘8222‘2229922222'22:2‘222‘22: :22; P2222e 22222E2?92222222222222; 222 22222223222222292‘ T222‘2222‘2222f22?2'22222222222222E232E22yf222?2222252222 F2222‘2 2 2‘22 ‘222222222222222922222222222222'222‘22‘22 228232 E222; 22922222222 .D222?2 2‘2222 22222229222‘22. 2“2:22222‘22‘2222322222212222322 2222222322 222222222222222222 222222222222 “9‘3?2“ 292022292322“? “2222229222223232222322222222222222 22222222222:22.22‘22232‘22222‘22222‘2'222‘2 2‘22‘2222222:32222‘2222322222222222.;22. 2232‘222:2:222:2‘222222222,23222322222322222‘22232;2‘22‘2222‘222’223223222‘2222‘23: =2'2‘22222222222222223222222222‘22‘22222‘222322222 :2222. 222 2‘22?2222223. '22‘22322.52222223222222‘2222.222232202222222 2‘22‘2‘2222322222323222223,222‘22222223232‘2222 222222222?:232322 22222 22222222222222 2322222222222,22:2?2222‘22222223221,21212232222322 2232222322, '32222 2222222222232222222232322 222 2232222222322 2222222 22‘23 2222232. EE‘ET E2222, 22‘23EE‘ETE22‘22222222322‘222 2‘2 EE‘STE222W; 222‘2‘22 22222 EESTE222’.‘223 .2‘22232‘22.‘2222221222E2?22E22y‘2‘22222 222222222 32222222232222232.222222222E23222E2222.§.2222222222232322.2322. M3 Page 4 of 6 GIFTING MADE EASY with Best Buy® gift cards. Learn more at BestBuy.com/giftcard3§ Page 5 of 6 N Wi s y gift s. o BestBuy.com/giftcards Page 6 of 6F' -|-_|~ -::-1 r. EXHIBIT B TU TE E? Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: BESTBUY CREDIT SERVICES cTtT My Best Buy® batbuy-awoumonline-oom Po Box 790441,St Lou.s,Mo 63179 . Account Inquiries:Vlsa® Card 1_888_620_5879 Accounmumber: _8331 F _ _ W F _ W Summary of Account Actrvrty Payment Information PreVIous Balance $1 ,436.42 New Balance $1 508.40 Payments , "$000 Minimum Payment Due $1 ,139.4OOther cred'ts _$O'OO Pa ment Due Date Jul 2O 201 9Purchases +$0.00 y y ’ Cash Advances +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$39_00 date listed above, you may have to pay alate fee up to $39. Interest Charqed +$32.98 Minimum Payment Warning: If you make only the minimum payment each New Ba|ance $1 508.40 period, you will pay more in interest and it will take you longer to pay off your balance. For example: kPaSt Due Amount $54300 J If you make no additional You will pay oft the And you willr . . . \ charges using this card balance shown on this end up paying an cred” L'm't , $000 and each month you pay... statement in about... estimated total of...Available Credit $0.00 Cash Advance Limit $0.00 Only the minimum payment 5 years $2,262 Available Cash Limit I I $0.00 $62 3years S $223131Amount Over Credit LImIt $508.40 ( aV’”gS-$ ) Statement Closinq Date 06/25/201 9 It you would like information about credit counseling services, caii 1-877-337-8188. Next Statement Closinq Date 07/26/2019 kDays in Billing Cycle 30 k Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount FEES 06/20 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD $ 39.00 INTEREST CHARGE_D 06/25 INTEREST CHARGE ON PURCHASES $ 32.98 TOTAL INTEREST FOR THIS PERIOD $ 32.98 8 HM 17 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of 4 This Account is Issued by Citibank, N.A. Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. BEST YourAccount Number is- 8381 BUY Payment Due Date July 20, 2019 Po Box 6204 New Balance $1 ,508.40 Sioux FALLs. so 571 17-6204 Past Due AmountT $543.00 Minimum Payment Due $1,139.40 Statement Enclosed Amou nt Enclosed: $ TPast DueAmount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tov BEST BUY CREDIT SERVICES MIKE MANUEL PO BOX 78009 2001 WHITMAN WAY APT 14 PHOENIX, AZ 85062-8009 SAN BRUNO, CA 94066-4068 TU TE E? Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days afterthe close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. We will begin charging interest on cash advances and balance transfers on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance otherthan an excluded balance. ln addition, if you have a reduced rate credit plan, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. ln billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, otherthan an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. Deferred interest offers may also be called Same As Cash or No Interest. ln addition, certain promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. lf that is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the “Purchases" line in the Summary of Account Activity. Membership Fee. Some accounts are charged a membership fee. To avoid paying this fee, notify us that you are closing your account within 30 days of the mailing or delivery date of the statement on which the fee is billed. Minimum Interest Charge. lf we charge interest, the charge will be no less than $1. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. lf we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in properform or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash, gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mail. - In-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. - Online/AutoPay. Go to the URL on Pagel of yourstatement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment account you choose. - Phone. Call the number on Pagel of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You /A/- HM - 3356-7204-0005- N2 -/B/- 3535879417 - C -/C/-E - O - X - 42 -/D/- P - E - Y - O - N -/E/- 7 - /G/-N- - - -/H/-O- -YZ9V-V -/|/-V- -O-O- - -/J/- - - -19038- -0519 may cancel a phone payment by calling us at the Customer Service number at the top of Pagel within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice response system. - Express Mail. Send payment by express mail to: Consumer Payment Dept., 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213. - Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. lf you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Pagel. What To Do If You Think You Find A Mistake 0n Your Statement. lf you thinkthere is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Pagel of yourstatement. In your letter, give us the following information: I. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: lf 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. 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. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on yourstatement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible forthe remainder ofyour balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: I. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. lf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown on Pagel of yourstatement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. BBY MC NA Apmg - - O - O -/F/-O1/26/19- 06/01/17- 24 - May 26, 2019 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: L « a \ A» > *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. EU TE E? Account: **** **** **** 8381 201 9 Totais Year-to-Date Total Fees Charged in 2019 $224.00 Total Interest Charged in 2019 $176.06 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR $1 ,436.42 $39.00 $32.98 $1 ,508.40 CASH ADVANCES REGULAR TOTAL $1,436.42 $0.00 $39.00 $32.98 $1,508.40 $0.00 $0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 27.49% (M)(V) $1,460.01 $32.98 CASH ADVANCES REGULAR 30.24% (M)(V) $0.00 $0.00 (V) = Variable Rate Page 3 of 4 EU TE E? Page 4 of 4 EDTHEQ Page i \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Elefirfgically Christopher D. Mandarich SB 220693 barium cum ufcanrumaa. clam ufian Mam: Ajay Sood SB325294 DH 6/2/2021 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 By-W- Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.49 1 8 Facsimile: 818.888. 1260 Attorneysfor Plaintifi”; CA VALRY SPVI, LLC, ASASSIGNEE OF CITIBANK, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED CAVALRY SPV 1, LLC, As ASSIGNEE 0F Case No. 21 -CLJ-03060 CITIBANK, N.A., Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT HARRY XU, an individual; and DOES 1 through 10 inclusive. . Defendant. DEMAND. $6,973.05 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A., and successor in interest t0 original creditor, Citibank, N.A.. 2.Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 500 Summit Lake Drive Valhalla NY 10595. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated with this debt is XXXXXXXXXXXX3535. 5.Plaintiff is informed and believes that Defendant are individuals who currently reside Exhibit "54" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is HARRY XU, 31 11 CANYON RD , BURLINGAME, CA 94010-0000. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, Citibank, N.A. 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank, N.A. provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX3535 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank, NA. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank, N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n August 5, 2019. 15.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. 16.The debt balance at charge-off was $6,973.05, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $6,973.05. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank, N.A., the Defendant(s) agree to reimburse Citibank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $6,973.05 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Citibank, N.A.. Although demand has been made upon Defendant, said amount 0f $6,973.05 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 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $6,973.05, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/26/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Citi® Double Cash Card HARRY XU Member Since 2019 Account numberending in23535 Billing Period207/10/19-08/09/19 AUGUST STATEMENT Minimum payment due: $102.00 New balance as of 08/09/19: $6,780.00 Payment due date: 09/07/19 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. www.citicards.com Customer Service 1-855-473-4583 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your next AutoPay payment of $102.00 will be deducted from your bank account on 09/05/2019. Please note that the next AutoPay payment may be reduced if you have made additional payments or received any credits during the current billing cycle. Account Summary Late Payment Warninqzlf we do not receive your minimum payment by the Previous ba|ance $6,883.00 date listed above, you may have to pay a late fee of up to $39 and your APRs payments $103.00 may be increased up to the Penalty APR of 29.99%. Credits -5000 Minimum Payment Warninqzlf you make only the minimum payment each PurChases +5000 period, you will pay more in interest and it will take you longer to pay off your CaSh adVanceS +5000 balance. For example: Fees +$0.00 Ifhyou make notdditiogal golu wi|| phay off theh. Andyou williend tipd lntereSt +5000 c ar es usrn Is car a ance s own on Is ayln an es Ima e and gach mogth you pay... statement in about... Eotal gf... New balance $5,780.00 Only the minimum payment 21 year(s) $15,234 Credit Limit $7,668 Credit limit $7,600 $213 3 year(s) (Savings=$7,566) Includes $2,300 cash advance limit For information about credit counseling services, call 1-877-337-8187. Available credit $820 Includes $820 available for cash advances CASH REWARDS SUMMARY L walker Your Cash Rewards: $0.00 » See page 3 for more information about your rewards Your Account is enrolled in AutoPay. Minimum payment due $102.00 New balance $6,780.00 Payment due date 09/07/19 Amount enclosed: oooooo MC oo A o Account number ending in 3535 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 HARRY XU 42774 PHILADELPHIA PL FREMONT CA 94538-5531 www.citicards.com Customer Service 1-855-473-4583 Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865HARRY XU Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments 08/05 AUTOPAY 190522041827363RAUTOPAY AUTO-PMT $103.00 Fees charged Total fees charged in this billing period $0~00 Interest charged Total interest charged in this billing period $0~00 2019 totals year-to-date Total fees charged in 2019 $219.00 Total interest charged in 2019 $0.00 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Days in billing cyc|e231 Annual percentage Balance subject Balance type rate (APR) to interest rate PURCHASES Interest charge Standard Purch 20.74% (V) $0.00 (D) $0.00 BaleOffer 4 0.00% $6,866.39 (D) $0.00 (Balance Transfer Rate Expires 09/27/20) ADVANCES standard Adv 27.24% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Effective with your first billing statement on/after Nov. 1, 2019, your Citi® Double Cash Card must be current in order to earn cash back for purchases that appear on your statement. In addition, purchases that do not qualify to earn cash back will not be added to the "Purchase Tracker” shown on your billing statement. Please see the terms and conditions associated with your Citi® Double Cash Card for more details. Coming in Fall 2019, your Cit?) Double Cash Card will allow you to convert your cash rewards to ThankYodE) Points which can be redeemed for gift cards, travel, purchases at select retailers, and more. More details are coming soon. To learn more about ThankYou Rewards from Citi, visit www.thankyou.com. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. .‘ CASH REWARDS SUMMARY I. walker TOTAL CASH REWARDS BALANCE: $0.00 Previous Balance: $0.00 Earned this Period: $0.00 Total Earned this Period: $0.00 Redeemed this Period: $0.00 Ending Rewards Balance: $0.00 THE TWO WAYS TO EARN! @Cash Back on Purchases Eligible Purchases: $0.00 Cash Back on Purchases Earned: $0.00 @Cash Back on Payments Eligible Payments: $0.00 Cash Back on Payments Earned: $0.00 PURCHASE TRACKER AND HOW CASH BACK ON PAYMENTS WORKS 1. Total Payment Made: $103.00 Note: payments are eligible up to the amount in your Purchase Tracker 2. Purchase Tracker: $0.00 3. Eligible Payment: $0.00 4. Cash Back on Payments Earned: $0.00 5. Ending Purchase Tracker: $0.00 Purchase Tracker - When you make a purchase, that amount goes into your Purchase Tracker. Balance transfers, cash advances, fees and interest are not included. Make an eligible pa yment and the Purchase Tracker gets reduced by that amount. When the Purchase Tracker reaches $0, you won’t earn cash back on pa yments until more purchases are made. See Terms & Conditions for details. Questions? Time to Redeem? Visit citi.com or call 1-855-473-4583 Bonus cash back may take 1-2 billing periods to appear on your statement. EXHIBIT B HARRY XU Member Since 2019 Account numberending in23535 Billing Period202/12/20-03/10/20 MARCH STATEMENT www.citicards.com Customer Service 1-855-473-4583 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Minimum payment due: $6,973.05 PreViOUS balance $697015 New balance as of 03/10/20: $6,973.05 Payments "$0.00 Payment due date: 03/10/20 cred'ts "$000 Seethe last pa e of this statement for important information about how to PurChases +5000 avord paying In erest on purchases. Cash advances +$0,00 Fees +$0.00 Late Payment Warninqzlf we do not receive your minimum payment by the IntereSt +5290 date listed above, you may have to pay a late fee of up to $39 and your APRs New balance $6,973.05 may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninqzlf you make only the minimum payment each cred't L'm't period, you will pay more in interest and it will take you longer to pay off your Credit limit $7,600 balance For example: Includes $2,300 cash advance limit If you make n0 additional You wi|| pay off the And you wi|| end up charges using this card balance shown 0n this paying an estimated and each month you pay... statement in about... total of... 0nly the minimum payment 1month(s) $6,973 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere Minimum payment due $6,973.05with the Citi Mobile® App and Citi® 0nline New balance $6,973.05 To download: Text 'App1s'to Mycm (692484) Payment due date 03/10/20 OOOOOO MC 32 A O HARRY XU 3111 CANYON RD BURLINGAME CA 94010-6020 or go to your device's app store. Or visit www.citicards.com Amount enclosed: Account number ending in 3535 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 Customer Service 1-855-473-4583 Page 2 of 2www.citicards.com TTY-hearing-impaired services only 1-800-325-2865HARRY XU Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period $0~00 Interest charged Date Description Amount 03/10 INTEREST CHARGED TO STANDARD PURCH $2.90 Total interest charged in this billing period $290 2020 totals year-to-date Total fees charged in 2020 $78.00 Total interest charged in 2020 $7.44 Interest charge calculation Days in billing cyclezze Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 19.74% (V) $191.54 (D) $2.90 BaITrnOffer 4 0.00% $6,780.00 (D) $0.00 (Balance Transfer Rate Expires 09/27/20) ADVANCES standard Adv 26.24% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electmnicaily by Superior Camlnffialrfc-rniafimmly :af San Maren Ch ' h D M d ' h SB 220693 EN 6/2/2021 rlstop er . an arlc Ajay Sood 33325294 3’“ fflflimfifflm Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; CA VALRY SPVI, LLC, ASASSIGNEE OF CITIBANK, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED CAVALRY SPV 1, LLC, As ASSIGNEE 0F Case No. 21 -CLJ-03071 CITIBANK, N.A., Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT ERIC J ALTMAN, an individual; and DOES 1 through 10 inclusive. . Defendant. DEMAND. $5,167.01 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A., and successor in interest t0 original creditor, Citibank, N.A.. 2.Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 500 Summit Street Dr Suite 400 Valhalla NY 10595. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated with this debt is XXXXXXXXXXXX3452. 5.Plaintiff is informed and believes that Defendant are individuals who currently reside Exhibit "55" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0fthe debt is ERIC J ALTMAN, 795 ARNOLDWAY , MENLO PARK, CA 94025-251 1. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, Citibank, N.A. 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank, N.A. provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX3452 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank, NA. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank, N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n June 12, 2019. 15.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. 16.The debt balance at charge-off was $5,207.97, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $5,167.01. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank, N.A., the Defendant(s) agree to reimburse Citibank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $5,167.01 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Citibank, N.A.. Although demand has been made upon Defendant, said amount 0f $5,167.01 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 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,167.01, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/26/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A TU ES hE Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: BESTBUY CREDIT SERVICESm, .m My Best Buy® mibuy-amuntonline-wm PO Box 790441 , St Lows, MO 63179 . Account Inquiries:Cred It Card 1_888_574_1301 Account Number: - 3452 F _ _ W F _ W Summary of Account Actrvrty Payment Information PreVIous Balance $3,983.58 New Balance $4,127.70 Payments , +$1 '04 Minimum Payment Due $318.60Other cred'ts _$O'OO Pa ment Due Date Jul 12 2019Purchases +$25.68 y y ’ Cash Advances +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35_00 date listed above, you may have to pay alate fee up to $35. Interest Charqed +$82.40 Minimum Payment Warning: If you make only the minimum payment each New Ba|ance $4, 1 27.70 period, you will pay more in interest and it will take you longer to pay off your balance. For example: kPaSt Due Amount $1 38'84 J If you make no additional You will pay oft the And you will charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of... FCredit Limit $3 750.00 W Only the minimum payment 16 years $1 1 ,331 Available Credit $0.00 $177 3 $6.389 I I I years . _ Amount Over Credit LImIt $377.70 (saV’ngs-M’QQ) Statement Closinq Date 06/1 7/201 9 It you would like information about credit counseling services, call 1-877-337-8188. Next Statement Closinq Date 07/18/2019 kDays in Billing Cycle 31 k You must pay your promotional balance of $375.43 in full by 07/1 2/19 to avoid paying deferred interest charges. You are over your credit limit by $377.70. You have asked us to automatically withdraw your monthly payments from your bank account ending in 2301. Your next payment of $31 8.60 will be withdrawn from your bank account on 07/12/2019. To cancel your enrollment or to change or cancel the scheduled payment, you must contact us by 5 p.m. ET on the Payment Date, except for debit card payments. For debit card payments, you must contact us by 12 a.m. ET the day before the Payment Date to cancel your enrollment or to change or cancel the scheduled payment. If the balance due on your account is less than the payment amount, we will withdraw the balance due on your account. Please update your phone number, including cell phone number on the back of the payment coupon. Your account is past due This is a courtesy reminder that we did not receive payment for last month. We‘re here for you and would like to help you bring your account current. » For assistance call us today at 1-888-574-1301. For the hearing impaired, call our TDD line at 1-800-995-9305. Hours of operation: Monday-Thursday: 6:30 a.m. to 11:00 p.m. CT - Friday: 6:30 a.m. to 9:00 p.m. CT - Saturday and Sunday: 8:00 a.m. to 5:00 p.m. CT HN 11 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of 4 This Account is Issued by Citibank, N.A. Please detach and return lower portion with your payment to insure proper credit. Retain upper portion tor your records. BUY Payment Due Date July 12, 2019 Po Box 6204 New Balance $4,1 27.70 stoux FALLs. so 571 17-6204 Past Due AmountT $1 38.84 Minimum Payment Due $318.60 Statement Enclosed Amou nt Enclosed: $ TPast DueAmount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tov BEST BUY CREDIT SERVICES ERIC J ALTMAN PO BOX 78009 795 ARNOLD WAY PHOENIX, AZ 85062-8009 MENLO PARK, CA 94025-2511 TU ES hE Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases you must pay the New Balance by the payment due date every billing cycle. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. ln addition, if you have a reduced rate credit plan, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. ln billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, otherthan an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. Deferred interest offers may also be called Same As Cash or No Interest. ln addition, certain promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. lf that is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. lf we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash, gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mail. - In-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. Online/AutoPay. Go to the URL on Pagel of your statement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment account you choose. Phone. Call the number on Pagel of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of Pagel within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice response system. Express Mail. Send payment by express mail to: Consumer Payment Dept., 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213. /A/- HN - 9038-7001-0002 - N1 -/B/- 3313124067- C -/C/- - O - X - 42 -/D/- P - E - Y - O - Y -/E/- 1 - /G/-N- - - -/H/-O- -YA1B-V -/|/- - -O-O-MD- -/J/- - Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. lf you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page1. What To Do If You Think You Find A Mistake 0n Your Statement. lf you think there is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Page1 of yourstatement. In your letter, give us the following information: 1. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: lf 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. 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. While we investigate whether or not there has been an error, the following are true: - 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. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible forthe remainder of your balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. lf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown on Page1 of your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. BBY PL NA APR19 - - O -41O -/F/-O1/19/19- 11/01/14- 55 - May 17, 2019 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: L « a \ A» > *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. EU E' Sh E ACCOUHtI **** **** **** 3452 TRANSACTIONS Trans Date Description Reference # Amount 05/21 PAYMENT REVERSAL F9194004DOOOZD205 $ 138.84 05/21 *INTEREST* PREV CYCLE PURCHASES $ 0.68 05/21 PREVIOUS CYCLE LATE FEE $ 25.00 06/1 2 PAY-BY-PHONE PAYMENT DEERFIELD |L P91 940053EYB1SKG8 $ 137.80- 06/12 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGE-D 06/1 7 INTEREST CHARGE ON PURCHASES $ 82.40 TOTAL INTEREST FOR THIS PERIOD $ 82.40 201 9 TotaIs Year-to-Date Total Fees Charged in 2019 $60.00 Total Interest Charged in 2019 $1 ,071 .54 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR - - $2,681 .27 $43.84 $60.60 $72.79 $2,858.50 NO INT W/PYMTS FOR 18 MOS $441 .00 12/07/17 $379.23 $3.80- $375.43 $7.56 $237.31 07/1219 48 MO REDUCED RATE CREDIT PLAN $1 667.88 03/07/17 $923.08 $39.00- $0.08 $9.61 $893.77 $78.00 - TOTAL $3,983.58 $1.04 $60.68 $82.40 $4,127.70 $85.56 $237.31 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 30.24% (M)(V) $2,834.63 $72.79 NO INT W/PYMTS FOR 18 MOS 30.24% (M)(V) - - 48 MO REDUCED RATE CREDIT PLAN 11.90% (M) $951 .76 $9.61 (V) = Variable Rate Page 3 of 4 EU E' Sh E Page 4 of 4 E'DE'Sl'IE Page i EXHIBIT B TU ES hE my My Best Buy® Credit Card1 254 557a 9m 2 5455 Customer Service: bestbuyaooountonlinenom Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: BEST BUY CREDIT SERVICES PO Box 790441 , St Louis, MO 63179 Account Inquiries: Account Number: 3452 F _ _ W F W Summary of Account Actiwty Payment Information PreVIous Balance $5,058.81 New Balance $5,207.97 Payments , "$000 Minimum Payment Due $1 579.60Other cred'ts _$O'OO Pa ment Due Date Januar 12 2020Purchases +$0.00 y y ’ Cash Advances +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35_00 date listed above, you may have to pay alate fee up to $35. Interest Charqed +$1 1 4.16 Minimum Payment Warning: If you make only the minimum payment each New Ba|ance $5,207.97 period, you will pay more in interest and it will take you longer to pay off your balance. For example: KPaSt Due Amount $1 357' 60 J If you make no additional You will pay off the And you will charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of... FCredit Limit $0.00 W Only the minimum payment 16 years $1 1 .371 Available Credit $0.00 $211 3 $7.600. . . years . _ Amount Over Credit LImIt $1 ,457.97 (saV’ngs-wyv Statement CIOSinq Date 12/1 8/201 9 If you would like information about credit counseling services, call -. Next Statement Closing Date 01/17/2020 kDays in Billing Cycle 31 k Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount FEES 12/12 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGE_D 12/18 INTEREST CHARGE ON PURCHASES $ 114.16 TOTAL INTEREST FOR THIS PERIOD $ 114.16 8 HN 11 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of 4 This Account is Issued by Citibank, N.A. Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. BEST BUY" PO BOX 6204 SIOUX FALLS, SD 571 17-6204 Statement Enclosed ERIC J ALTMAN 795 ARNOLD WAY MENLO PARK, CA 94025-2511 YourAccount Number is - 3452 Payment Due Date January 12, 2020 New Balance $5,207.97 Past Due AmountT $1 ,357.60 Minimum Payment Due $1,579.60 Amou nt Enclosed: $ TPast DueAmount Is Included In the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tov BEST BUY CREDIT SERVICES PO BOX 78009 PHOENIX, AZ 85062-8009 TU ES hE Information About Your Account. How to Avond Pavlnq Interest on Purchases. Your pmlnent due date m at lads? 2‘? dams drier the Lime cf eALh biiimq L ,z 2e Wc mum nut charge you any unfewshxr- purchases if ,Iuu pav your Nu» Baiame Ix» the pay/mam dup dare and: nmmh This rs v alied a mam perxud on purchdzez Tu rm a qrmce pewd an pm: Mass vuu mun: pay the New Sesame by thc pay mam in»: aw: ever y Mluxu r Wis: If WU hm; a mince what m d defcrred Inter t5? pmmotms and that plumuhun dams not cmnre Luiore the panhanf due date, that iname fan ' em mum bamrre W x5 excmrlw mun the amuum juu musf pay in ml tr get a mace pe. uni urn d puuhasc bmam e other than M: 9w lwdvd balanm In .Mjltmx rt ,mu hive a raducdJ mt: new pun, that inland: (an "euiudvd miarm' 3 rs saiuued hum 1h? amcunt mu wust pay m fuii m he? {A m che pen mu on a purchus: bmanue whey than an reminded {Mame Hovic.rer, vcu nwst 5M: pay am sepamteiv rammed pa‘mmm uh the r. minded balance in bxihhg Lula :n wlmh pa,~nwzia are alimsteu to dare: new mtermt mama; huh the dcferrvd Mei est bdlame am br reduced Lrefure 3w other [wrongs 3n the nuount However, \Iuu wrli Lnrrtrrme tu qL-t Lr qrxe pvr rod 0n yurdraaws other than 3h warmed Litmus, :0 rum as wu pay The NW. Eahmcr Hes.» any emiudem might: plus any asparatew rwqurred payment on an exduded haiarw) rrr fLrH b 'the rawrrgrrr due rie each brlhnu 0/: rE Dererréd zrrruesi offers rrm arm be r aired Same A‘s Cad: or No Irrterex rrr dddrtrorr, rerram umxmhurrjl (Mm; not Liescr rhea ,Jbm e mm arsu arrow vou ta hm e a nra: e per red on hrrrr‘rrasm wrrhuut haurrru to pa / eri or a partrurr of the prrrnrotrom) ml: nw hv the: p5 unerrE due date H that rs the r a»; thp prornu’rurrai one: NH! deg: rrhc what hupprn; How We Calculate Your Balance Subject to Interest Rate. We use :r aarly balam: method rrrerjrrrcr current trarrsaxhongr to :almlure Interest Llrrrrrres Tohnd gut more rrrforrnatrurr abuul the lulame mmpulam rr melhca run: hcw the resulmm Interest er qr; We: e deter rrrrrred normal u: at the A: mum lrrqurrrea number on the tront Other Account and Payment lnformatron. Payment Amount. \ .u mar rde all or part or vuur amount Lararrx e at Jrr‘ tame Hammer, ywr rmrat rmv, b1 the payrrrervf due dale, at legit the rmrrrmum par/men? duh: When Your Payment Wrll Be Credrted. ll we retem e ,Iczrrr rm ymerrt ’rr proper for nv at our pruresamu mulrtv h: B p m ruml :rme there, rr mil he decried as or rlml dac 1 payment rm eryen there m groper for m alter that ‘rrrxe Will he crawled as or the new day Allow 5 l0? days for pcmnuxls h» regular mml hr ream m llrere may we r4 delay x21 hp hr 5 days m trpdrtrrru a prmrrrenl we renews that x; nut m proper harm or :2: nu? Sent lo the correct address, The Lunar [address mr wuula- rrmll s: the Arlrlr'vsz 0h the hunt uf The payrrrL-rrt cuupon The Lorrett addresu rtrr evpre-«s rrmrl rs uhwvr: rrr the E‘xpres: Marl 36 chum Proper Form. For .r mavrhenl sent hr marl or mur rcr l0 be rrr proper lnrm, you rrrulrr - Enclose a wild (her lr 9r nlr‘rrm' order N0 Lash urll Lard; or furwrgrr turrprrr ‘r please r include yuur mm? arm the laslfurrr Jrgrlaor your urrrrr rrumlrer Payment Other Than By Marl. - ln-Store {Where Avarlable}. Arrv payment rh pruper' rorm adapted «swore \rrll be rredlcrd d5 Irf llrdE J3; Howmer Lrerlrt avarldbrlr‘ry may he subject tu we: higher crfrurrds Not alisrores Acacpr pryrrrerrt: Current .20er lunar aluretr" 2w: rf rh-s‘rnre pdyrrreht: are due-men at That lrrr‘dlrorr Onlrne/AutoPay. Go t0 lhc URL Orr Farrel ofwur stralerrrerrr h male a rraymcrrl onlrrre Yuu tan Llsr: errrull rn Autopsy and have your pdvrrrerrt rrrrrourtt aulurrrdtrwlly deducted each rrrorrllr lmrrr rlrt parrrrerrt rarrrrrrrl yurr rhuvbe Phone. Call rlu: rrurrrlrer urr Page l ul rum slalerrrarrt m mule a pjrlrrrerrr by phnrre Vur rrhcrre payrrrerrl; ,er .ruthgrrzc rr< h: ere: tronrmlly Lrehrt your areufred hank Au orrnt Ly arr ACH tr arrzactroh rrr the jmaurrl :rrru on the hare that mu rrru‘rr Jle arr the plume {mu may camel a phcarrv Lerr'mehr by calirrrrr Irs at the Cusrrmcr Servrr c nurrrrrer at rhe top uf Page l wrrhrrr the tame per rod drsr roaexJ h: you or: 1hr: phnrre There r» no fee mr rr'rrk'nq 3 pq‘lrrrerrr usrrru our arrlumaleu‘ .orw respnrrze gr sham ~ Agent-Assrsted Phone Payments, ll yuu Ldll u~ to make a prrr/rrrcrrr rrrth lhe assrclarr'x ul a lrye aqerrr, the payrrram wrrl be arrplrerl the sarrrr: dad drrrl you r.rll he r lrar oral .r ‘5‘: 0r} arrerrl expedrred pa Imam we o o /A/- HN - 9038-7001-0002 - N1 -/B/- 3313124067- C -/C/-E - 98 - X - 42 -/D/- P - E - Y - O - N -/E/- 7 - /G/-N- - - -/H/-O- -YA1B-V -/|/- - -O-O- - -/J/- - Express Marl. “lend payment Ly razpreaz marl hr furrzrrrr‘er Fa/rnerrt Dept , 3716 Grade Lane, Burlu’rrrr; "r Lrerte Ch). l orrm rlrv, KY 40213 ~ Credrtmq Payments other than by Marl. The myrrrerrl urturf rum: luv Onlrrre hrll urJ/rrrrzrrrs, Phone payrrrents, and E mess Marl r: zymenrs l3 rr‘rdrrruht Easterrr hme Thus Irrmrrr: that we \vrll rrsrlrt wur Argrrrrrrr a; Ur The calendar x‘rdy, hagr‘d arr Eastern hire, thrt we reams Jraur payment requrxr If you send an elrqrble check wrth thrs payment coupon, you authorrze us to complete your payment by electronrc debrt. If we do, the checkrnq account wrll be debrted rn the amount on the check. We may do thrs as soon as the day we recerve the check. Also, the check wrll be destroyed. Credrt Reportrnq Drsputes. We may repurr rrrlurrrrahnrr abuur mur Lrzmrrrrt tn predrr bureaus. ll you lhrnl we repurted rrrcrcrrrrare rrrrurrrrahurr, please Mrre Us 3r Crew: Bureau Drspute ‘lerrhcahorr PC: Bur 64}, Srrrux Fail‘ , 3D 57h? Report a Lost or Stolen Card lmmedrately. Cull the A: rorrnt lnqurrreg rrurrrher shmm err Pager What To Do If You Thrnk You Frnd A Mrstake 0n Your Statement. ll you rhrrrl» there rs arr er ror urr rour :ralemenl, wrrte lu us er the aaluress for brlllrru errurs ,rrrd Lustorrxer eervrce murrrrres shramr all Page l ulymrr Stelerrrerrl lrr your letter, all? ll: rhe lollorulm rnrvrrrrmlrorr r Aucurrt lrrfummtrun ‘ruur name and ariuurrt rrrrrrrber 2 Dollur arrruurrl lhe hulls! errhvurrt or the wiper tea error 4 Creirrrpzrurx Lf Prublerrr lfwu thrhl [here r3 an error rm ,luur hrll dezrrrl'e what ruu behave rs hr mu and WM mu belle/e rt r~ .3 rrrrstule r’uu must aorrlacl Lru rrrrhrrr 6U rla I: rafter the ermr appeared on ymrr stalerrrerrr ‘wlr mum rruhfy us u? .rrrv putahtlol err: rs lrr ‘urrryyr mu ma Icrrll Us, hrrl ll‘ ‘juu du we are mt reurrlrm to rrrresfrudre any prrlerrtrd errors am yuu rrruy have to perv the amount rrr urreslrurr Lllhrle we rrrvesrluate whelher or rrul there hr]: hecrr urr errur, the fulluvylnu are true r We tarlrrot try tu tollerl the arrrrrurrl rrr queitrr. n, or reprrrl you a: deirrruuerrl or. that amuunt ' Thr- chdnre rrr cussrlurr rrrd‘; rersrdlrr or. your etaterrlent and he mar contrrw: tr; thawe- yuu rrrterest an that amount Eu? ll we deterrrrrne thar we made er rrrlstuke, ,rru wrll nut hjye ta my the amount rn arrestrurr or 3m; lhterest rrr other tees related tr) that arrruurrt - Nhrle you Liu not haw. to pry the crrrmrrnt rrr uuesrrurr, yuu ire. rLspurrarhle r‘lzr the renrarrruer ul yurrr hammer - We Len rrppl/ any urlpdld dnlurlnt unralrrst yurlr rredlt llrrlrt Your Rrqhts If You Are Drssatrsfied Wrth Your Credrt Card Purchases. ll mu are Jlmdtrst-PJ wrll the gum: or awn/lee; that vcu have purehbed wrth your tredlt r :ru, and you hurre tr red rn (mud faith to turreu the prrrr‘lem wrth the rrrerrhant yuu mm hare the rruht mt tu my the remurnrrlu urrruurrr rlue on tlrL purthuSe Tu use thrs rrghr, all ml the lulirzwrnq must he true l The purchd re rnurt him- heerr mud: rrr your hurrle state or wrthm lfltl rrrrle: of yrrur r.ur rent nrallrrlg dridr em, and the purl hJse prrce rrrULt have been murr thrrrr $50 rNcte llerther or thew ure hem»; ar z rr /c.ur purl hase srrrslrased uh rm adverhSernurt wre mulled lo yuu, or ll we own llre r olrrpany that sulu yuL the mods or :eryltesr u ‘rou rrruzt he‘ e Heed your Clem card tor the purchJLe Purehases rrrdrle wrth Lash ad wnte‘. hum 3n ATM or wrth a Llrerlr tml ctr eases your eredrl card .rccelrrrt do not uuulrt‘,‘ 3 mu mu-r nor yer huretullr parc for the puruhaue ll ell of the Ll rl er rd abode ar e rue“ and ,tur' are sill? .tlssrmefred wrth the purJrase mutant us rrrrgrrtrlrg at the walresgfor lxrllhrrr error‘ .nrl custumer «rm» e rrruulrre: shown ran Panel of mur statement Whrle we rmestmate, the «Lune rules apply m the rllsputed Jrrmrrh: as drsLuagerj ably/e After we hrrlsh uur lineshuaholr, We wrll tell mu uur Jen lsrrxr. At thal purrrt, lf we think mu OWL» arr alnorrrrr and you du hut pa r, we may rephrt you ah dellrrqrlenl BBY PL NA AUGW - O - O -/F/-O1/19/19- 11/01/14- 61 - November 17, 2019 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: « ~r A» > *Cell *Home ‘Phone: By glVlng us a cell number or a number later converted to a cell number, you agree that we or our servrce provrders can contact you at that number by autodlaler, recorded or artlflcral vorce, or a text Your phone plan charges may apply EU E' Sh E ACCOUHtI **** **** **** 3452 201 9 Totais Year-to-Date Total Fees Charged in 2019 $270.00 Total Interest Charged in 2019 $1 ,941 .81 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR - - $4,1 19.36 $35.00 $104.62 $4,258.98 48 MO REDUCED RATE CREDIT PLAN $1 ,667.88 03/07/17 $939.45 - $9.54 $948.99 $31 2.00 - TOTAL $5,058.81 $0.00 $35.00 $114.16 $5,207.97 $312.00 $0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 29.49% (M)(V) $4,177.59 $104.62 48 MO REDUCED RATE CREDIT PLAN 11.90% (M) $944.05 $9.54 (V) = Variable Rate Page 3 of 4 EU E' Sh E Page 4 of 4 E'DE'Sl'IE Page i \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electmnicaily Christopher D. Mandarich SB 220693 hySuperiarCn-nmfcawnia,r:nmw arian Maren. Ajay Sood SB325294 EN 6/1 5/2021 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 BF fflgrufiEEFi-“i Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; Velocity Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments, LLC, Case N0. 21 -CLJ-03337 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED NORMAN RAMIREZ, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $5,651.44 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, Velocity Investments, LLC, and successor in interest to original creditor, Barclays Bank Delaware. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments, LLC 1800 Route 34N Suite 404A Wall NJ 07719. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of Charge-off is Mercury Mastercard / CreditShop Credit Card Company LLC, 504 LAVACA STREET, SUITE 930 AUSTIN, TX 78701, and the account number associated with this debt is XXXXXXXXXXXX7422. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "56" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is NORMAN RAMIREZ, 63 JOHN GLENN CIR , DALY CITY, CA 94015-28 1 8. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 card application to the original creditor, Barclays Bank Delaware or made such application over the telephone 0r Internet. Pursuant to the aforementioned application, Barclays Bank Delaware provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX7422 (hereinafter “Account”). 10.Pri0r 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 repay Barclays Bank Delaware and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Barclays Bank Delaware and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n May 10, 2019. 15.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. 16.The debt balance at charge-off was $5,65 1 .44, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $5,65 1.44. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Barclays Bank Delaware and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Barclays Bank Delaware, the Defendant(s) agree to reimburse Barclays Bank Delaware, and hence Plaintiff as successor in interest for the costs related t0 the collection 0famounts owing on the Account. Plaintiffhas been required t0 retain Mandarich COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $5,651.44 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Barclays Bank Delaware. Although demand has been made upon Defendant, said amount 0f $5,651.44 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 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,65 1 .44, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 06/02/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A I- M E R C U R Y page1or4 Account Number xxxx xxxx xxxx 7422 SUMMARY 0|: ACCOUNT ACTIVITY Apr“ 16, 2019 - May 15, 2019 Previous Balance $4,780.43 cl. T Payments - $320.00 g PAYMENT INFORMATION Other Credits - $000 ‘-_ s ‘ Purchases and Adjustments + $48.67 E New Ba'anoe 54507-44 Balance Transfers + $0.00 g Minimum Payment Due $141.99 Cash Advances + $0.00 S, Payment Due Date 0611212019 Fees Charged + 51-46 g Late paymentWarning: Interest Charged + $96.88 § If we do not receive your minimum payment by the date listed above, you may have New Balance $4,607.44 g to pay a late fee up to $37.00. Statement End Date May 15’ 201 9 Minimum PaymentWarning: _ Days in Billing Cycle 30 J If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: CREDIT LINE SUMMARY Total Credit Line $4,660.00 _ if you make no _ You will pay off the And you will end up Credit Line for Cash $93200additional charges usmg balance shown on . timated T t IA .l bl C edt $52 56this card and each this statement in paymtg tanl e: o a val a e r I ' month you pay about ° ° _ Available Credit for Cash $52.56J °"'Y§;;r'r‘fei:itm”m 23 years $13,605.00 REWARDS SUMMARY $ Previous Balance 1,377 6,624.00$184'00 3 years (Savings = $6,981.00) Egrgeedmed + 4g If you would like information about credit counseling services, Other Adjustments 0ii . _ ca J _ Current Balance = 1,426 J Call:- Online: WWW.MERCURYCARDS.COM L Mail: CARD SERVICES, PO BOX 84064, COLUMBUS, GA 31908-4064 PAYMENTS AND OTHER CREDITS Post Trans Reference Date Date Description of Transactions Number Amount $ Payments -$320.00 04/19 04/19 PaymentReceived-DebitCard -$200.00 05/10 05/10 Payment Received-Debit Card -$120.00 Please tear at perforation and make payment payable to Card Services. SEE REVERSE FOR IMPORTANT INFORMATION. M E R C U R Y Account Ending 7422 Saga/:53 New Balance $4,607.44 COLUMBUS GA 31908-4064 Minimum Payment Due $141 .99 Payment Due Date 06/12/19 D Check here for any address changes and Amount Enclosedindicate any changes on reverse. NORMAN A RAMIREZ CARD SERVICES 63 JOHN GLENN CIR ** 0022920 Payme'“ PO Box 70168TDALY CITY CA 94015-2818 o PHILADELPHIA PA 19176-0168 |_ Page 2 of 4 Norman A Ramirez Closing Date 05/1 5/2019 Payments: You may pay a|| or part of yourAccount balance, at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date each Billing Period. We cannot accept wire transfers or payments that are electronically transmitted directly to us using our bank routing number. Please do not send post-dated checks as they will be deposited upon receipt. Late payments, partial payments or payments marked “payment in full” or with any other restrictive endorsement can be accepted by us without losing any of our rights under your Cardmember Agreement. We will re-present to yournancial institution any payment that is returned unpaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business Days. When Your Payment Will be Credited. If we receive your payment in proper form at the proper address by 5 p.m. Eastern Time, on a Business Day, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next Business Day. If the payment due date falls on a day when we do not receive or accept payments, the payment will not be treated as late if it is credited the next Business Day. Business Day means Monday through Friday, excluding federal holidays. Allow at least 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is Lockbox Services, Box #70168, 400 White Clay Center Dr, Newark, DE 19711. Proper Form: For a payment sent by regular or express mail, proper form is a single check or money order, in U.S. dollars, drawn on a U.S. institution, with a single payment coupon from your billing statement. Include your name and the last four digits of yourAccount number. Unless sent by express mail, please use the envelope we provided. No cash or foreign currency. No staples or paper clips. No extra pieces of paper. Payment by phone or website: Payments made through our website, www.mercurycards.com, or through the Contact Us phone number shown on front of statement, and completed on a Business Day by midnight Eastern Time, will be credited as of that day. Othenivise, it will be credited on the next Business Day. Electronic Check Conversion: When you provide a check as payment on this Account, you authorize us to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we receive your payment, and you will not receive your check back from your nancial institution. How to Avoid Paying Interest on Purchases: Your due date is at least 23 days after the close of each Billing Period. You will not be charged interest on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. |f you don't pay your New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the date they post to yourAccount, subject to applicable law. You will pay interest on Balance Transfers and Cash Advances from the date these Transactions post to your Account. HowWe Calculate Interest: We calculate interest separately for each different balance. Your billing statement shows each balance in the “Balance Subject to Interest Rate." We use the “Daily Balance Method (including Current Transactions)." For each balance, to determine adaily balance, we start with the beginning balance each day. The beginning balance forthe rst day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the applicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance.We add any interest calculated on the previous day's balance. (This means interest is compounded daily). A credit balance is treated as a balance of zero. This gives us the daily balance. We multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. The Balance Subject to Interest Rate is the average of the daily balances. Variable rates: vary with the market based on the Prime Rate. Credit Reporting: We may report information about yourAccount to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reected in your credit report. If you think we reported inaccurate information to a credit bureau, write us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. Change of Address: If the information on the front of this statement is incorrect, please provide updated information: Name: Address: City: State: Zip: Home Phone Work Phone Cell Phone Number: Number: Number: By giving us your mobile telephone number, we have your permission to contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging, articial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not fortelemarketing or sales calls. It may include calls from companies working on our behalf to service your account. Message and data rates may apply. You can change these preferences at anytime by contacting us. |_ _ Page 3 of 4 Norman A Ramirez Closing Date 05/1 5/2019 NEW TRANSACTIONS ‘1‘ Post Trans Reference g Date Date Description of Transactions Number Amount $ g. i Norman A Ramirez XXXX XXXX XXXX 7422 Total Activity $48.67 3' 04/22 04/20 Rest Pancake House Tijuana Bcn BC 12348405 $48.67 3 I MEX Foreign Currency 914.00 MXN Rate 18.78 J g 04/22 04/22 Foreign Transaction Fee $1 .46 Total Fees for this Period $1.46 J INTEREST CHARGED 05/15 05/15 Interest Charge-Purchases $96.88 Total Interest for this Period $96.88 J 201 9 TOTALS YEAR-TO-DATE Total Fees charged in 2019 $44.11 Total Interest charged in 201 9 $459.46 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject Interest Charge Rate (APR) to Interest Rate Purchase 25.24%(v) $4,666.77 $96.88 Balance Transfer 25.24%(v) $0.00 $0.00 Cash Advance 27.49%(v) $0.00 $0.00 (v) = variable rate Enroll in AutoPay to ensure your payment is made by the due date each month. Visit www.mercurycards.com, select Manage My Account and go to the Pay Bill menu to enroll today. |_ Page 4 of 4 Norman A Ramirez Closing Date 05/1 5/2019 How to Report a Lost or Stolen Card: Call the Contact Us number on the front of this statement. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. In your letter, give us the following information: o Accountinformation: Your name and Account number. o Dollar amount: The dollar amount of the suspected error. o Description ofproblem: lf 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. You must notify us of any potential errorsin 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. While we investigate whether or not there has been an error,the following are true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases lf you are dissatised with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all ofthe following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these is necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a Check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. lf all of the criteria above are met and you are still dissatised with the Purchase, contact usin writing at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. EXHIBIT B |_ M E R C U R Y Account Number XXXX XXXX XXXX 7422 SUMMARY OF ACCOUNT ACTIVITY November 16, 2019 - December 15, 2019 Previous Balance $5,502.49 cl. ‘ Payments - $0.00 g PAYMENT INFORMATION Other Credits - $0-00 ‘-_ s ‘ Purchases and Adjustments + $0.00 § New Balance $5,651 -44 Balance Transfers + $0.00 g Minimum Payment Due $1,503.34 Cash Advances + $0.00 g Lae PaymentWarning: Interest Charged + $1 1 1 .95 § If we do not receive your minimum payment by the date listed above, you may have New Balance $5,651 .44 g to pay a late fee up to $37.00. Statement End Date December 15’ 2019 Minimum PaymentWarning: Days in Billing Cycle 30 If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due $1 299-37 If you make no You will pay off the A d ." nd overllmlt $991'44 additional charges using balance shown on n .you w' t? t":this card and each this statement in paymtgota; z: 'ma e CREDIT LINE SUMMARY "‘°""‘ V°" Pay “hm“ Total Credit Line $4,660.00 only the Minimum credit Line for caSh $932.00 payment 23 years “3726-00 Total Available Credit $0.00 If you would like information about credit counseling services, Available credit for C33h $000 4 call . t 4 REWARDS SUMMARY Previous Balance 1,478 Earned + 0 Call: 866-686-2158 Online: WWW.MERCURYCARDS.COM Redeemed _ o Mail: CARD SERVICES, Po Box 84064, COLUMBUS, GA 319084064 Other Adjustments 0 _ Current Balance = 1,478 Your account is now seven payments past due. Please contact us at (844)325-5884 to discuss your Options. 12/12 12/12 Late Fee $37.00 Total Fees for this Period $37.00 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Please,tastelaeifWiQUEUQmakejaxmentpwblPP,,C§@,,$,6IY!96§;,$,E,,E,B,E,YEB$,E,,F98JMPQBTANT,lNFQBMAT'QN,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, M E R C U R Y Account Ending 7422 CARD SERV'CES New Balance $5,651 .44 PO Box 84064 _ _ COLUMBUS GA 31908-4064 Minimum Payment Due $1 ,503.34 Payment Due Date 01/12/20 D Check here for any address changes andindicate any changes on reverse. Amount Enclosed NORMAN A RAMIREZ CARD SERVICES 63 JOHN GLENN ClR ** 0020569 :jyme'“ PO Box 70168DALY CITY CA 9401 5-281 8 PHILADELPHIA PA 191 76-01 68 |_ Page 2 of 4 Norman A Ramirez Closing Date 12/1 5/2019 Payments: You may pay a|| or part of yourAccount balance, at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date each Billing Period. We cannot accept wire transfers or payments that are electronically transmitted directly to us using our bank routing number. Please do not send post-dated checks as they will be deposited upon receipt. Late payments, partial payments or payments marked “payment in full” or with any other restrictive endorsement can be accepted by us without losing any of our rights under your Cardmember Agreement. We may re-present to yournancial institution any payment that is returned unpaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business Days. When Your Payment Will be Credited. If we receive your payment in proper form at the proper address by 5 p.m. Eastern Time, on a Business Day, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next Business Day. If the payment due date falls on a day when we do not receive or accept payments, the payment will not be treated as late if it is credited the next Business Day. Business Day means Monday through Friday, excluding federal holidays. Allow at least 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is Lockbox Services, Box #70168, 400 White Clay Center Dr, Newark, DE 19711. Proper Form: For a payment sent by regular or express mail, proper form is a single check or money order, in U.S. dollars, drawn on a U.S. institution, with a single payment coupon from your billing statement. Include your name and the last four digits of yourAccount number. Unless sent by express mail, please use the envelope we provided. No cash or foreign currency. No staples or paper clips. No extra pieces of paper. Payment by phone or website: Payments made through our website, www.mercurycards.com, or through the Contact Us phone number shown on front of statement, and completed on a Business Day by midnight Eastern Time, will be credited as of that day. Othenivise, it will be credited on the next Business Day. Electronic Check Conversion: When you provide a check as payment on this Account, you authorize us to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we receive your payment, and you will not receive your check back from your nancial institution. How to Avoid Paying Interest on Purchases: Your due date is at least 23 days after the close of each Billing Period. You will not be charged interest on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. |f you don't pay your New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the date they post to yourAccount, subject to applicable law. You will pay interest on Balance Transfers and Cash Advances from the date these Transactions post to your Account. HowWe Calculate Interest: We calculate interest separately for each different balance. Your billing statement shows each balance in the “Balance Subject to Interest Rate." We use the “Daily Balance Method (including Current Transactions)." For each balance, to determine adaily balance, we start with the beginning balance each day. The beginning balance forthe rst day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the applicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance.We add any interest calculated on the previous day's balance. (This means interest is compounded daily). A credit balance is treated as a balance of zero. This gives us the daily balance. We multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. The Balance Subject to Interest Rate is the average of the daily balances. Variable rates: vary with the market based on the Prime Rate. Credit Reporting: We may report information about yourAccount to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reected in your credit report. If you think we reported inaccurate information to a credit bureau, write us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. Change of Address: If the information on the front of this statement is incorrect, please provide updated information: Name: Address: City: State: Zip: Home Phone Work Phone Cell Phone Number: Number: Number: By giving us your mobile telephone number, we have your permission to contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging, articial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not fortelemarketing or sales calls. It may include calls from companies working on our behalf to service your account. Message and data rates may apply. You can change these preferences at anytime by contacting us. |_ Page 3 of 4 Norman A Ramirez Closing Date 12/1 5/2019 INTEREST CHARGED 12/1 3 12/1 3 Interest Charge-Purchases $1 1 1 .95 Total Interest for this Period $1 1 1 .95 201 9 TOTALS YEAR-TO-DATE Total Fees charged in 2019 $303.11 Total Interest charged in 201 9 $1 ,207.08 00 00 00 00 - 0 20 56 9 - 0 00 2 - 0 00 2 - 2 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject Interest Charge Rate (APR) to Interest Rate Purchase 24.49%(v) $5,561 .30 $1 1 1 .95 Balance Transfer 24.49%(v) $0.00 $0.00 Cash Advance 26.74%(v) $0.00 $0.00 (v) = variable rate Enroll in AutoPay to ensure your payment is made by the due date each month. Simply log in to www.mercurycards.com and select Set Up AutoPay to enroll today. |_ Page 4 of 4 Norman A Ramirez Closing Date 12/1 5/2019 How to Report a Lost or Stolen Card: Call the Contact Us number on the front of this statement. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. In your letter, give us the following information: o Accountinformation: Your name and Account number. o Dollar amount: The dollar amount of the suspected error. o Description ofproblem: lf 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. You must notify us of any potential errorsin 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. While we investigate whether or not there has been an error,the following are true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases lf you are dissatised with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all ofthe following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these is necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a Check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. lf all of the criteria above are met and you are still dissatised with the Purchase, contact usin writing at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electmnicaily Christopher D. Mandarich SB 220693 wsupewcwmcawm'cnmw Em" Ham Ajay Sood 33325294 EN 6/1 6/2021 Hayk Stambultsyan SB320973 By fflnthflnv Bgrini Amber Swearingen-Ojuri SB324653 Deputy Elerfl Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: Velocity Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments, LLC, Case N0. 21 'CLJ'03360 Plaintiff, VS FILE BY FAX COMPLAINT FOR: 1. BREACH OF CONTRACT ALVIN LUBRINO, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $2,010.75 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments, LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments, LLC; 1800 Route 34 North Building 3, Suite 305, Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time of charge-off is CHAI_1, 215 SOUTH STATE STREET, SALT LAKE CITY, UT 841 1 1, and the account number associated with this debt is XX7706. 5. Plaintiff is informed and believes that Defendant are individuals Who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the COMPLAINT-l 0f5 EXhibit "57" KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ALVIN LUBRINO , 120 SISKIYOU CT , SAN BRUNO, CA 94066. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XX7706 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to 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 to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay WebBank 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 to the terms governing the Account. 13. The date of last payment 0n the subject account was on January 22, 201 8. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-offwas $2,010.75, 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 $2,010.75. 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, WebBank 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 to 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 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. WebBank extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions of the Account by Defendant use 0f the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $2,010.75. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $2,010.75 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $2,010.75, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 06/03/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 Qflx/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintzfi” EXHIBIT A 8/10/2018 Borrower Promissory Note Borrower Promissory Note PRO‘PER Promissory Note Loan ID: .7706 Borrower Address: ALVIN LUBRINO, 120 SISKIYOU CT SAN BRUNO, CA 94066. 1. Promise to Pay. In return for a loan | have received, | promise to pay WebBank, a Utah-chartered Industrial Bank ("you") the principal sum of fifteen thousand dollars ($15,000.00), together with interest thereon commencing on the date of funding at the rate of seven and forty nine hundredths percent (7.49%) per annum simple interest. | understand that references in this Promissory Note ("Note") to you shall also include any person to whom you transfer this Note. 2. Payments. This Note is payable in 36 monthly installments of $466.52 each, consisting of principal and interest, commencing on the 22nd day of June 2015, and continuing until the final payment date of May 22 2018, which is the maturity date of this Note. The final payment shall consist of the then remaining principal, unpaid accrued interest and other charges due under this Note. A|| payments wi|| be applied first to any unpaid fees incurred as a result of failed automated payments or returned bank drafts or checks, as provided in Paragraph 11; then to any charges for making payments other than as provided in this Note; then to any late charges then due; then to any interest then due; and then to principal. No unpaid interest or charges will be added to principal. 3. Interest. Interest will be charged on unpaid principal until the full amount of principal has been paid. Interest under this Note will accrue daily, on the basis of a 365-day year. If payments are made on time, my final payment will be in the amount of a regular monthly payment. Because of the daily accrual of interest and the effect of rounding, my final payment may be more or less than my regular payment. I acknowledge that, ifl make my payments after the scheduled due date, this Note wi|| not amortize as originally scheduled, which may result in a substantially higher final payment amount. The interest rate | will pay will be the rate | will pay both before and after any default. 4. Late Charge. If the full amount of any monthly payment is not made by its due date, | will pay you a late charge of equal to the greater of $15 or an amount equal to 5% of the late payment. | will pay this late charge promptly but only once on each late payment. 5. Waiver of Defenses. Except as otherwise provided in this Note, you are not responsible or liable to me for the quality, safety, legality, or any other aspect of any property or services purchased with the proceeds of my loan. If | have a dispute with any person from whom | have purchased such property or services, | agree to settle the dispute directly with that person. 6. Certification; Exception to Waiver. | certify that the proceeds of my loan will not be applied in whole or in part to postsecondary educational expenses (i.e., tuition, fees, required equipment or supplies, or room and board) at a college/university/vocational school, as the term "postsecondary educational expenses" is defined in Bureau of Consumer Financial Protection Regulation Z, 12 C.F.R. § 1026.46 (b)(3). | further certify that, to my knowledge, the proceeds of my loan will not be applied in whole or part to purchase property or services from any person to whom any interest in this Note may be assigned. If, notwithstanding the preceding sentence, any person from whom | have purchased such property acquires any interest in this Note, then Paragraph 5 will not apply to the extent of that person's interest, even if that person later assigns that person's interest to another person. 7. Method of Payment. | will pay the principal, interest, and any late charges or other fees on this Note when due. Those amounts are called "payments" in this Note. To ensure that my payments are processed in a timely and efficient manner, you have given me the choice of making my monthly payments (i) by automated withdrawal from an account that | designate using an automated clearinghouse (ACH) or other electronic fund transfer, or (ii) by bank drafts drawn by you on my behalf on my account each month; and | have chosen one of these methods. lfl close my account or if my account changes or is otherwise inaccessible such that you are unable to withdraw my payments from that account or draw bank drafts on the account, | wi|| not'rfy you at least three (3) days prior to any such closure, change or inaccessibility of my account, and authorize you to withdraw my payments from, or draw bank drafts on, another account that | designate. With regard to payments made by automatic withdrawals from my account, | have the right to (i) stop payment of a preauthorized automatic withdrawal, or (ii) revoke my prior authorization for automatic withdrawals with regard to all further payments under this Note, by notifying the financial institution where my account is held, orally or in writing at least three (3) business days before the scheduled date of the transfer. | agree to notify you orally or in writing, at least three (3) business days before the scheduled date of the transfer, of the exercise of my right to stop a payment or to revoke my prior authorization for further automatic withdrawals. 8. Default and Remedies. If | fail to make any payment when due in the manner required by Paragraph 7, | will be in default and you may at your option accelerate the maturity of this Note and declare all principal, interest and other charges due under this Note immediately due and payable. If you exercise the remedy of acceleration you will give me at least thirty (30) days prior notice of acceleration. 9. Prepayments. | may prepay this Note in full or in part at any time without penalty. https://www.prosper.com/securelaccountlcom mon/agreem ent_view_secure.aspx?agreem ent_id=42035866 1/4 8/10/2018 Borrower Promissory Note 10. Waivers. You may accept late payments or partial payments, even though marked “paid in full,“ without losing any rights under this Note, and you may delay enforcing any of your rights under this Note without losing them. You do not have to (a) demand payment of amounts due (known as "presentment"), (b) give notice that amounts due have not been paid (known as "notice of dishonor“), or (c) obtain an official certification of nonpayment (known as "protest"). | hereby waive presentment, notice of dishonor and protest. Even if, at a time when | am in default, you do not require me to pay immediately in full as described above, you will still have the right to do so ifl am in default at a later time. Neither your failure to exercise any of your rights, nor your delay in enforcing or exercising any of your rights, will waive those rights. Furthermore, if you waive any right under this Note on one occasion, that waiver wi|| not operate as a waiver as to any other occasion. 11. Insufficient Funds Charge. If | attempt to make a payment, whether by automated withdrawal from my designated account or by other means, and the payment cannot be made due to (i) insufficient funds in my account, (ii) the closure, change or inaccessibility of my account without my having notified you as provided in Paragraph 7, or (iii) for any other reason (other than an error by you), | will pay you an additional fee of $15.00 for each returned or failed automated withdrawal, bank draft or other item, unless prohibited by applicable law. 12. Attorneys' Fees. To the extent permitted by law, | am liable to you for your legal costs if you refer collection of my loan to a lawyer who is not your salaried employee. These costs may include reasonable attorneys' fees as well as costs and expenses of any legal action. 13. Loan Charges. If a law that applies to my loan and sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with my loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. You may choose to make this refund by reducing the principal | owe under this Note or by making a direct payment to me. 14. Assignment. I may not assign any of my obligations under this Note without your written permission. You do not have to give me your permission. You may assign this Note at any time without my permission. Unless prohibited by applicable law, you may do so without telling me. My obligations under this Note apply to all of my heirs and permitted assigns. Your rights under this Note apply to each of your successors and assigns. 15. Notices. A|| notices and other communications hereunder shall be given in writing and shall be deemed to have been duly given and effective (i) upon receipt, if delivered in person or by facsimile, email or other electronic transmission, or (ii) one day after deposit prepaid for overnight delivery with a national overnight express delivery service. Except as expressly provided otherwise in this Note, notices to me may be addressed to my registered email address or to my address set forth above unless | provide you with a different address for notice by giving notice pursuant to this Paragraph, and notices to you must be addressed to WebBank at support@prosgemom or c/o Prosper Marketplace, lnc., 221 Main Street, Suite 300, San Francisco, CA 94105, Attention: Legal Department. 16. Governing Law. This Note is governed by federal law and, to the extent that state law applies, the laws of the State of Utah. 17. Miscellaneous. No provision of this Note shall be modified or limited except by a written agreement signed by both you and me. The unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision of this Note. 18. Arbitration. RESOLUTION OF DISPUTES: | HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT | HAVE THE RIGHT T0 REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW. (a) In this Resolution of Disputes provision: (i) 'l" "me" and "my" mean the promisor under this Note, as well as any person claiming through such promisor; (ii) "You" and "your" mean WebBank, any person servicing this Note for WebBank, any subsequent holders of this Note or any interest in this Note, any person servicing this Note for such subsequent holder of this Note, and each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them; and (iii) "Claim" means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Note or the relationship between you and me (including claims arising prior to or after the date ofthe Note, and claims that are currently the subject of purported class action litigation in which | am not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Note or the validity or enforceability of this Section 18. (b) Any Claim shall be resolved, upon the election of either you or me, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed ("Rules"). Any arbitration under this arbitration agreement will take place on an individual basis; class arbitrations and class actions are not permitted. If | file a claim, | may choose the administrator; if you file a claim, you may choose the administrator, but you agree to change to the other permitted administrator at my request (assuming that the other administrator is available). | can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, (800) 778-7879, www.adr.org; or by contacting JAMS at https://www.prosper.comlsecure/accountlcom mon/agreem ent_view_secure.aspx?agreem ent_id=42035866 2/4 8/10/2018 Borrower Promissory Note 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. Your address for serving any arbitration demand or claim is WebBank, c/o Prosper Marketplace, |nc., 221 Main Street, Suite 300, San Francisco, CA 94105, Attention: Legal Department. (c) Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years' experience. You agree not to invoke your right to elect arbitration of an individual Claim filed by me in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court. (d) You will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1 ,000, and you will consider my request to pay any additional arbitration costs. If an arbitrator issues an award in your favor, | will not be required to reimburse you for any fees you have previously paid to the administrator or for which you are responsible. If | receive an award from the arbitrator, you will reimburse me for any fees paid by me to the administrator or arbitrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives me the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights wi|| apply in arbitration. (e) Any in-person arbitration hearing will be held in the city with the federal district court closest to my residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's cost, regardless of its outcome. However, you will consider any reasonable written request by me for you to bear the cost. (f) YOU AND | AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and | agree otherwise in writing, the arbitrator may not consolidate more than one person's claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph (f) shall be determined exclusively by a court, and not by the administrator or any arbitrator. (g) If any portion of this Section 18 is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph (f) of this Section 18 is deemed invalid or unenforceable in whole or in part, then this entire Section 18 shall be deemed invalid and unenforceable. The terms of this Section 18 will prevail if there is any conflict between the Rules and this section. (h) YOU AND | AGREE THAT, BY ENTERING INTO THIS NOTE, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND | ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT). (i) | understand that | may reject the provisions of this Section 18, in which case neither you nor | will have the right to elect arbitration. Rejection of this Section 18 will not affect the remaining parts of this Note. To reject this Section 18, | must send you written notice of my rejection within 30 days after the date that this Note was made. | must include my name, address, and account number. The notice of rejection must be mailed to WebBank, c/o Prosper Marketplace, |nc., 221 Main Street, Suite 300, San Francisco, CA 94105, Attention: Legal Department. This is the only way that | can reject this Section 18. (j) You and | acknowledge and agree that the arbitration agreement set forth in this Section 18 is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Section 18. This Section 18 shall survive the termination of this Note and the repayment of any or all amounts borrowed thereunder. 19. Electronic Transactions. THIS NOTE INCLUDES YOUR EXPRESS CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE SECTION ENTITLED "CONSENT TO DO BUSINESS ELECTRONICALLY" AS DISCLOSED IN OUR TERMS OF USE ON OUR WEBSITE, THE TERMS AND CONDITIONS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN IN THEIR ENTIRETY. YOU EXPRESSLY AGREE THAT THIS NOTE MAY COMPRISE A "TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT. 20. Registration of Note Owners. You have granted to Prosper Funding LLC and Prosper Marketplace, Inc. powers of attorney to appoint themselves or a third party as your authorized agent (in such capacity, the "Note Registrar“) to maintain a book-entry system for recording the beneficial owners of interests in this Note (the "Note Owners“). If a Note Registrar is so appointed, the Note Registrar shall maintain such a book- entry system, any transfer by a Note Owner of its beneficial interest in this Note shall be effective only through the book-entry system maintained by the Note Registrar. Any such appointment will be made and any appointed Note Registrar may assign its duties as Note Registrar in relation to this Note to any person acquiring 100% beneficial interest in this Note without prior notice to you and without your prior consent. https://www.prosper.comlsecure/account/common/agreem ent_view_secure.aspx?agreem ent_id=42035866 3/4 8/10/2018 Borrower Promissory Note By signing this Note, | acknowledge that | (i) have read and understand all terms and conditions of this Note, (ii) agree to the terms set forth herein, and (iii) acknowledge receipt of a completely filled-in copy of this Note. Date: May 22 2015 By: Prosper Marketplace, Inc. Attorney-in-Fact for ALVIN LUBRINO [Borrower] (Signed Electronically) Last Updated: September 25, 2013 Copyright © 2005-2018 Prosper Marketplace, Inc. A|| rights reserved. https://www.prosper.comlsecure/account/common/agreem ent_view_secure.aspx?agreem ent_id=42035866 4/4 EXHIBIT B I loanid transactioneffectivedate accou nteffectivedate OntarioSplitlD OntarioPreviousSplitlD Amou nt Status I. 7706 201 5-06-22 201 5-06-22 1681 3908 466.52 Payment is successful I. 7706 201 5-07-22 201 5-07-22 18546891 466.52 Payment is successful I. 7706 201 5-08-22 201 5-08-22 20346649 466.52 Payment is successful I. 7706 201 5-09-22 201 5-09-22 222491 66 466.52 Payment is successful I. 7706 201 5-1 0-22 201 5-1 0-22 2431 0793 466.52 Payment is successful I-7706 2015-1 1-22 2015-1 1-22 26524086 466.52 Payment is successful I. 7706 201 5-1 2-22 201 5-1 2-22 28859395 466.52 Payment is successful I. 7706 201 6-01-22 201 6-01-22 31 314696 466.52 Payment is successful I. 7706 201 6-02-22 201 6-02-22 34032064 466.52 Payment is successful I. 7706 201 6-03-22 201 6-03-22 3681 1076 466.52 Payment is successful I. 7706 201 6-04-22 201 6-04-22 3956771 2 466.52 Payment is successful I. 7706 201 6-05-22 201 6-05-22 42288895 466.52 Payment is successful I. 7706 201 6-06-22 201 6-06-22 451 09638 466.52 Payment is successful I. 7706 201 6-07-22 201 6-07-22 47952702 466.52 Payment is successful I. 7706 201 6-08-22 201 6-08-22 50644273 466.52 Payment is successful I. 7706 201 6-09-22 201 6-09-22 5341 3365 466.52 Payment is successful I. 7706 201 6-1 0-22 201 6-1 0-22 561 61 366 466.52 Payment is successful I-7706 2016-1 1-22 2016-1 1-22 58882775 466.52 Payment is successful I. 7706 201 6-1 2-22 201 6-1 2-22 61 606820 466.52 Payment is successful I-7706 2017-01-22 2017-01-22 64371268 466.52 Payment is successful I. 7706 201 7-02-22 201 7-02-22 67233997 466.52 Payment is successful I. 7706 201 7-03-22 201 7-03-22 70080734 466.52 Payment is successful I. 7706 201 7-04-22 201 7-04-22 729241 47 466.52 Payment is successful I. 7706 201 7-05-22 201 7-05-22 75962561 466.52 Payment is successful I. 7706 201 7-06-22 201 7-06-22 7901 7929 466.52 Payment is successful I. 7706 201 7-07-22 201 7-07-22 81 9881 93 466.52 Payment is successful I. 7706 201 7-08-22 201 7-08-22 851 73337 466.52 Payment is successful I. 7706 201 7-09-22 201 7-09-22 881 79634 466.52 Payment is successful I. 7706 201 7-1 0-22 201 7-1 0-22 91 377227 466.52 Payment is successful I-7706 2017-1 1-22 2017-1 1-22 94716202 466.52 Payment is successful I-7706 2017-1 2-22 2017-12-22 97973179 466.52 Payment is successful I-7706 2018-01-22 2018-01-22 101 101521 466.52 Payment is successful I. 7706 201 8-02-22 201 8-02-22 104281 840 104692564 466.52 Payment is successful I. 7706 201 8-02-22 201 8-02-26 104692564 104281 840 -466.52 Payment failed KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO EEa-ctmldcally Christopher D. Mandarich SB 220693 b1. 3mm Emufifiikfiflwu man Haw Ajay Sood SB325294 n:n- 7/8/2021 Hayk Stambultsyan SB320973 H I [if mt;Amber Swearingen-Ojuri SB324653 c hula:mlfls Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: UHG ILLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED UHGILLc, Case NO- 21-CLJ-03708 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT Stephanie Rivers, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $5,931.74 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, UHG I LLC, and successor in interest t0 original creditor, Net Credit. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: UHG I LLC; 6400 Sheridan Dr Suite 138 Suite 138, Williamsville NY 14221. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time 0f charge-off is NC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC D/B/A NETCREDIT, 175 WEST JACKSON BOULEVARD SUITE 1000, CHICAGO, IL 60604, and the account number associated with this debt is XXXXXXXXXXX8 1 60. 5. Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l 0f5 EXhibit "58" KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Stephanie Rivers , 728 BADEN AVE , SOUTH SAN FRANCISCO, CA 94080. 7. Plaintiff is unaware 0f the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity of and as agent of 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 of 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, Net Credit 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, Net Credit provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXX8160 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to 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 Net Credit and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of goods and service and/or cash advances and balance transfers along with late charges, over limits charges related thereto. 12. Defendant used the Account to make purchases and/or t0 take cash advances and/or t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O make balance transfers. Each time the Defendant used the Account to purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay Net Credit 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 to the terms governing the Account. 13. The account was delinquent 0n September 23, 2018. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-offwas $5,93 1 .74, 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 $5,931.74. 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, Net Credit 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 to 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 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with Net Credit, the Defendant agrees to reimburse Net Credit, and hence Plaintiff as successor in interest for the costs related to the collection ofamounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O (Breach of Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. Net Credit extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions 0f the Account by Defendant use of the Account to make purchases and/or t0 take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing t0 pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $5,93 1 .74. 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 Net Credit. Although demand has been made upon Defendant, said amount of $5,93 1 .74 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,93 1 .74, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 06/05/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE Loan #: Projected Disbursement Date: -8 1 6O Allg 23’ 2018 Account ID: -1 828 credltor: Borrower: NC Financial Solutions ofCalifornia, LLC, d/b/a NetCredit I 75 W Jackson Blvd, Stephanle RlVel'S728 Baden Ave, SW.” 1000 SOUTHSANFRANCISCO, CA 94080 Chzcago, IL 60604 917_574_6395- This California Consumer Installment Loan Agreement and Promissory Note (hereinafter the “Agreement”) includes the disclosures above, the Federal Truth in Lending Act Disclosures immediately below (“TILA Disclosures”) and the Additional Terms. In this Agreement, the words "you, your" and “I” mean the borrower who has electronically signed it and the words "we," "us" and "our" mean NC Financial Solutions of California, LLC, d/b/a NetCredit (License No. 603K020) ("Lender"). We are a consumer installment lender. The loan is made pursuant to the California Financing Law, Division 9 (commencing with Section 22000) of the Financial Code. The California Department ofBusiness Oversight regulates us (collectively, the parties). FORMORE INFORMATION CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. You may contact our regulator at the California Department ofBusiness Oversight, Consumer Services Ofce, 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344. The Department’s website is litp://www.dbo.ca.gg. The Department’s phone numbers are: - or-. You acknowledge this loan is for personal, family, or household purposes. Before we disburse Loan funds, we will seek to verify the information we have collected in connection with your request for a Loan. Such verication may require you to provide additional information to us. You agree that, in the event that we are unable to complete the verication to our satisfaction, we are not obligated to disburse Loan funds. Ifwe do not disburse Loan lnds, we will notify you at the e-mail address you provided on your application. Certain of the TILA Disclosures are based on our expectation that Loan funds will be disbursed to you on the Projected Disbursement Date set forth above. Banking delays or holidays, or delays in making contact with you to verify the information you have provided to us, may cause the Loan funds to be disbursed later. We will begin accruing interest on the date the Loan funds are actually disbursed by us. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION OR ARE AMEMBEROF THE ARMED FORCES OR A DEPENDENT OF SUCH AMEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTEWITH US. FOR EXAMPLE, IFWE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOUWILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. FEDERAL TRUTH IN LENDING ACT DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE RATE The cost of your The dollar amount the amount of credit provided will have paid after you have made Amount Financed The to you or on your behalf. $3,500.00 credit as a yearly rate. credit will cost you. 146.84% (e) $8,044.92 (e) Payment Schedule (e): Payment number Amount of Payments When Payments Are Due 1 $481.23 Oct 5, 2018 2 $481.23 Nov 2, 2018 3 $481.23 Dec 7, 2018 4 $481.23 Jan 4, 2019 5 $481.23 Feb 1, 2019 6 $481.23 Mar 1, 2019 7 $481.23 Apr 5, 2019 8 $481.23 May 3, 2019 9 $481.23 Jun 7, 2019 10 $481.23 Jul 5, 2019 11 $481.23 Aug 2, 2019 12 $481.23 Sep 6, 2019 13 $481.23 Oct 4, 2019 14 $481.23 Nov 1, 2019 15 $481.23 Dec 6, 2019 16 $481.23 Jan 3, 2020 17 $481.23 Feb 7, 2020 18 $481.23 Mar 6, 2020 19 $481.23 Apr 3, 2020 20 $481.23 May 1, 2020 21 $481.23 Jun 5, 2020 22 $481.23 Jul 3, 2020 23 $481.23 Aug 7, 2020 24 $476.63 Sep 4, 2020 Security: You are giving a security interest in the Payment Authorization. Total of Payments The amount you all payments as scheduled $11,544.92 (e) Late Charge: If you fail to make all or any part of a scheduled installment payment within 15 days of its scheduled installment due date, you may be charged a late charge of $15.00. Prepayment: If you prepay in full before the cancellation deadline described below, you may be entitled to a remd ofpart of the nance charge. If you pay in full or in part after this, you will not have to pay a penalty. Contract Reference: See the Additional Terms for any additional information about nonpayment, default, our right to accelerate maturity of this Agreement and prepayment rebates and penalties. (e) means estimate. ITEMIZATION OF AMOUNT FINANCED OF $3,500.00 Amount given to you directly $3,500.00 ADDITIONAL TERMS PROMISE TO PAY, LATE CHARGE, AND CALCULATION OF INTEREST. You promise to pay us $3,500.00 (the amount of the principal) plus interest from the date the Loan Funds are actually disbursed to you until the nal installment due date set forth in the payment schedule above (“Payment Schedule”), or any adjusted payment schedule subsequently agreed to by you and us and conrmed by us in writing (“Maturity Date”). You also promise to pay any other charges provided for under this Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Agreement assuming you pay all your scheduled installment payments when due according to the Payment Schedule (and assuming your Loan is disbursed on the Projected Disbursement Date). You promise to make the payments you owe by authorizing us to initiate electronic lnd transfers from a deposit account of yours; or, in the event that we are unable to process electronic fund transfers, by making payment by another method acceptable to us. In order for your payment to be considered timely, it must be submitted by the cut-off time applicable to your method ofpayment, which can be found at h_ttps://www.netcredit.com/faq. If you fail to make all or any part of a 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 149.99% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contract Rate to the “Adjusted Principal Balance” from the actual disbursement date until the earlier of (i) the Maturity Date, (ii) prepayment in full, 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 ofprincipal. “Timely” means making payment in accordance with the Payment Schedule or any adjusted payment schedule agreed to by the parties and conrmed by us in writing. The APB will equal the outstanding loan principal balance if you 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 (unless your Loan is disbursed before the Projected Disbursement Date). 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 ofprincipal may reduce the total amount of interest you pay under this Agreement. To process a partial or full prepayment or receive a payo balance, you should call us at- or tell us of your intent to prepay in writing via fax at- or email at pm@netcredit.com. Please note that, unless otherwise specied, any payoff amount we provide will be calculated as of the 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 day we disburse the proceeds of your Loan or, in the case of a renancing, the third business day immediately following the day we apply your Loan proceeds to pay off another loan (as applicable, the “Cancellation Deadline”). To cancel, you must, no later than the Cancellation Deadline, inform us in writing via fax at- or email at glpm@netcredit.com of your intent to cancel, which will authorize us to debit for the principal amount of the Loan, as described below. If you seek to cancel and your cancellation payment is successll, all interest that has accrued will be waived and you will have no lrther payment obligations under this Agreement. If you seek to cancel but your cancellation payment is returned unpaid or is otherwise not successll, your Loan will not be cancelled and your obligations under this Agreement will continue just as if you had not attempted to cancel. APPLICATION OF PAYMENTS. Payments will be applied rst to satisfy any past due amounts owing, and then to any currently scheduled installment amounts owing. If you are past due, we credit all payments received rst to the oldest past due amounts owing by applying such rst to unpaid fees, second to accumulated but unpaid interest, and third to past due principal owing. We repeat the process until all past due amounts have been paid in full. If you are not past due, we credit all payments to the current or upcoming scheduled installment by applying such rst to fees, second to interest, and third to principal as of the date received. If an early payment is less than the amount of the next scheduled installment, then you must pay the difference on or 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, if you 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”) to credit the checking or savings account specied in your Application/Data Verication form or any substitute account you may later provide us (the “Deposit Account”) with the proceeds of your Loan. In the event that we make an error in processing this EFT, you lrther 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 servicers/service providers, successors and assigns and the servicers/service providers of our successors and assigns) to initiate an EFT through the ACH network (or another network of our choosing) from the Deposit Account for the following: o Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the amount of the installment less the amount of any such payment) on or after 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 all or any part of a scheduled payment within 15 days of its scheduled installment due date, you may be charged a late charge of $15.00 on or aer the next scheduled installment due date; o The nal installment payment due, which may vary based upon payment history (including early payments or extra payments) during the course of the Agreement; o In the event that you cancel the loan as prescribed in the Cancellation provision above, the entire loan principal within two business days of timely cancellation; o 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 aer the date we accelerate; and o The amount required to correct any error we make in processing an EFT on or after the date we make the error. If any payment cannot be obtained by EFT, you remain responsible for such payment under the Agreement. You agree that we may resubmit any returned EFT as permitted by law and network rules. If you incur any late charges, you agree to allow us to add the amount of such late charge that comes due to your next scheduled installment EFT or to initiate a separate EFT for the late charge on the date of your next scheduled installment EFT. The amount of any EFT for a scheduled installment payment may be reduced by any amount we receive in advance of the EFT that reduces the installment due. You acknowledge that the origination ofEFT transactions to the Deposit Account must comply with the provisions ofU.S. law. Modied Charges Instead of or in addition to any of the EFTs described above, you authorize us to process any EFTs you subsequently conrm 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 terminate one or all of the authorizations to initiate EFTs from the Deposit Account set forth above by calling us, c/o NetCredit, at-, or writing us via fax at- or e-mail at pm@netcredit.com. 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. In the event that you terminate this authorization, you may make payments on your loan by calling us at- to initiate repayment by debit card, money order, Western Union, or 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 included with payment. No correspondence should be included. Range of Varying Amounts Your scheduled installment payments provided in the Payment Schedule shown above will vary if: (1) you make partial payments; and/or (2) you are assessed any late charges pursuant to the Agreement. The range of your scheduled installment payments will normally not vary by more than the amount necessary for such adjustments. If your scheduled installment payment exceeds the described range, we will send you notice at least ten (10) days in advance of the payment. You may elect to receive notice in advance of any payment amount that varies from that which is in your payment schedule or your most recent payment. To receive advance notice of all varying amount payments, you may call us, c/o NetCredit, at -, or write us via fax at- or e-mail at pm@netcredit.com. Your Deposit Account Information If there is any missing or erroneous information concerning your Deposit Account or the nancial 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 nancial institution holding your Deposit Account may impose additional fees in connection with returned or rejected EFTs, and you agree that we do not have any liability regarding any such fees. IN THE EVENT THAT YOU D0 NOT HAVE SUFFICIENT FUNDS IN YOUR DEPOSIT ACCOUNT TO COVER THE AMOUNT OF 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 FOR AN ALTERNATIVE METHOD OF REPAYMENT. Full Force and Effect This Payment Authorization will remain in full force and effect until (i) we have received notication from you, as instructed above, of its termination in such time and in such manner as to afford us and the nancial institution holding the Deposit Account a reasonable opportunity to act on it, or (ii) upon full and nal payment of the amount you owe us under this Agreement. Optional Nature ofAuthorization 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 entering the last four digits of your Social Security Number and signing this Payment Authorization 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 Ofcial Staff 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 interest." WAIVER OF JURY TRIAL. Subject to the Arbitration Provision, if you sign this Agreement you waive your right to have a jury trial to resolve any dispute you may have against us or a related third party. This Waiver of Jury Trial provision does not apply to you if, at the time of entering into this Agreement, you are a member of the armed forces or a dependent of such a member covered by the Federal Military 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) if you do not pay in lll a payment in accordance with the Payment Schedule or any adjusted payment schedule subsequently agreed to by you and us and conrmed by us in writing; (ii) if you violate any promise you make to us in this Agreement; (iii) if you le for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relief from debt; (iv) if you have made a false or misleading statement about an important matter in connection with this Agreement, including your application for credit; or (v) you die or become legally incompetent. In the event of default, we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges permitted 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 attorneys’ fees and other collection costs related to the default. NON-WAIVER OF OUR RIGHTS. By choosing any one or more of these 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 or refrain from enforcing any of our 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 reected 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 theft 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, IL 60604. In your letter (i) provide your name and Loan number, (ii) identify the specic 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 afdavit 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 ofCalifornia. Except as provided in the if any 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 nal expression of the 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. All notices to us must be sent via fax at- or e-mail at glpm@netcredit.com (“the Notice Address”), with such attention as may be specied in this Agreement. To the extent permitted under applicable law, any notice you send us will not be effective 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 effective 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. BANKRUPTCY. All bankruptcy notices and related correspondence to us must be sent to the Notice Address, Attn: Bankruptcy Notice. You promise that you have no current intent to le any bankruptcy petition and have not consulted a bankruptcy attorney in the past six months. CHANGE IN CIRCUMSTANCES. You must notify us of any changes to your name, mailing or email address, or phone number (including your cell phone number) within een (15) days by writing us at the Notice Address or going on www.netcredit.com (the “Website”). We will rely on your mail and email addresses as they appear on our records 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, noties us of a change of address and we have had a reasonable opportunity to act on such notice. PARTIAL PAYMENTSMARKED PAYMENT IN FULL; SETTLEMENTS. Any check or other payment you send us for less than the total outstanding balance due under this Agreement that is marked “payment in lll” or with any similar language or that you otherwise tender as lll satisfaction of a disputed amount must be sent to NetCredit, P.O. Box 206766, Dallas, TX 75320-6766. We may deposit any such payment without such deposit effecting a satisfaction of the disputed amount. Any settlement of your Account balance for less than what is owed requires our written agreement. INADVERTENT OVERCHARGES. It is not our intention to charge any interest, fees or other amounts in excess of those permitted by applicable law or this Agreement. If any 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 outstanding balance due under this Agreement or, if there is no outstanding balance, will be relnded to you. CREDIT REPORTS; CREDIT HISTORY. You authorize us to 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 afliates, agents, representatives, assigns and service providers ofus and our assignees (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, articial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Agreement, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You lrther understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. 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 void. MILITARY LENDING ACT. General The Military Lending Act provides protections for certain members of the 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 -- Statement ofMAPR Federal law provides important protections to members of the 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 of 36 percent. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charged (other than certain application fees for specied 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 to hear important disclosures and payment information about this Agreement, please call _. Covered Borrowers Savings Clause The provisions of this Paragraph apply only to a “Covered Borrower” as that term is dened by 32 C.F.R. § 232.3(g). If any contract provision not identied herein is contrary to the rights and protections afforded to you by Federal law pursuant to 10 U.S.C. § 987 and its implementing regulations, including, but not limited to 32 C.F.R. § 232.8, then the conicting provisions 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 of reference only and do not in any way limit or dene your or our rights or obligations hereunder. If any provision of this Agreement is invalid or unenforceable under any law, rule or regulation, it shall not affect 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 of 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 le a lawsuit in court to resolve their dispute(s). Each party to 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 arbitrator will issue a nal 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 EXERCISED 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 SUCHMEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT. IF YOUWOULD LIKE MORE INFORMATION ABOUTWHETHER YOU ARE COVERED BY THEMILITARY LENDING ACT, IN WHICH CASE THIs ARBITRATION PROVISION DOEs NOT APPLY TO YOU, PLEASE CONTACT US AT-. READ THIS ARBITRATION PROVISION CAREFULLY AS ITWILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO OPT-OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO: 1. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATIONWITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO 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 (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law. mp; For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the relationship between you and us, 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 arose before the effective 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 of any 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 of our employees, directors, ofcers, shareholders, governors, managers, members, parent company or afliated entities, or assignees (including but not limited to NetCredit) or against the servicer of your Loan (including but not limited to NetCredit) (hereinafter collectively referred to as "related third parties"), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you 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 privacy 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 or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the provision titled "Class ActionWaiver" set forth below, subparts A and B of the provision titled "Binding Effect; Survival; Severability" 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 to (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 of a class action led in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the 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. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding led 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). An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benet of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Class Action Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certied mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to NetCredit, 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 les. If a lawsuit concerning the Claim has been led, such notice can be provided by papers led in the lawsuit, such as a motion to compel arbitration. Administrator Regardless ofwho demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271 (1 -800- 778-7879), lpzwwwadnorg; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX lmpi/jamsadmom. 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 de 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 with jurisdiction 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 certied mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to NetCredit, Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify us, then we have the right to 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 conict between the provisions of the Arbitration Provision, on the one hand, and any applicable rules of the 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 les a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party les amotion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. Non-Waiver Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modied to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. For example, ifwe le a lawsuit against you in court to recover amounts due under the Agreement, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision. Arbitrator and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules ofprocedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes 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 amotion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, which would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or 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 of the individual party seeking relief and only to the extent necessary to provide reliefwarranted by that party’s individual claim). No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision. Fees and Costs At your written request, we will pay all ling, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for ling such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a ling fee for asserting the Claim(s) in court, you will not be required to 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 to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted 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 if and 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 brief explanation of the grounds for the decision. ABPe-al The arbitrator’s award shall be nal 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 or we can, within 14 days aer the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. 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 nal decision of the appeal is subject to judicial review only as provided under the FAA. A judgment on the award may be entered by any court having jurisdiction. Notice and Cure;_Special Payment Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis of your Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent to us by certied mail, return receipt requested, at NetCredit, 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 of a certied 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 behalfof any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we relse to provide you with the relief you 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 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, andmultiple awards of $7,500 are not contemplated. Binding Effect; Survival; Severability This Arbitration Provision is binding upon and benets you, your respective heirs, successors and assigns. The Arbitration Provision is binding upon and benets 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 lll force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as follows: A. The parties to this Arbitration Provision acknowledge that the provision titled "Class ActionWaiver" is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, 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. B. If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the provision titled "Class ActionWaiver" prohibiting the arbitrator from awarding relief on behalfof third parties are unenforceable with respect to such Claim (and that determination becomes nal after all appeals have been exhausted), the Claim for public injunctive reliefwill be determined in court and any individual Claims seeking monetary reliefwill be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual reliefhas been entered in court. In no event will a Claim for public injunctive reliefbe arbitrated. Qpt-Out Process You may choose to opt out of this Arbitration Provision but only by following the process set forth below. If you 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: NetCredit, Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Your notice must be sent to us by certied mail, return receipt requested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of a certied 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 affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision between you and us. REASONABLE ACCOMMODATION. Individuals with disabilities who require an accommodation to access our products or services should contact us via email at ppo_rt@netcredit.com; by telephone at-; or by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Please note that we may need advance notice to provide certain accommodations. IMPORTANT NOTICES REQUIRED BY LAW California Residents You agree that we may access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing 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 ofwhether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that lmished the report. As required by law, you are hereby notied that a negative credit report reecting on your credit record may be submitted to a credit reporting agency if you fail to llll the terms of your credit obligations. Broker I, the borrower, certify that LENDINGTREE, LLC acted as a "broker" in accordance to California law in this transaction. LENDINGTREE, LLC 1 1 1 1 5 Rushmore Dr Charlotte, NC 28277 California License #6037234 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 of your Social Security number below and clicking the “I Agree” button below, you are electronically signing the Payment Authorization and you certify that you have llly read and understood the sections of this Agreement captioned "PAYMENT AUTHORIZATION" and "ELECTRONIC FUND TRANSFER AUTHORIZATION FOR YOUR LOAN PROCEEDS", 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 of your Loan and to seek payment from this Deposit Account for the amounts owed under this Agreement as set forth in those sections. Enter the last 4 digits of your Social Security Number- Please note that we separately authenticate the above electronic signature when you click the "I Agree" button below 2. AGREEMENT TO INSTALLMENT LOAN AGREEMENT 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 lled in before you signed it and that you have reviewed the entire Agreement, including the FEDERAL TRUTH-lN-LENDING DISCLOSURES; (c) you have reviewed and agree to NetCredit's PRIVACY POLICY; (d) you acknowledge that your right to le suit against us for any claim or dispute regarding this Agreement is limited by the WAIVER and ARBITRATION provisions; (e) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to le a petition for reliefunder any chapter of the United States Bankruptcy Code; and (f) you acknowledge that you have read and understood all of the terms of this Agreement, including the provisions mentioned above and you agree to comply with, and be bound by, all 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 PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. AN ELECTRONIC COPYWILL BEMAINTAINED ON THIS WEBSITE IN YOUR PASSWORD PROTECTED CUSTOMER HISTORY. Any comments or questions may be directed to our Customer Comment Line at the following toll-free number: - or via e-mail to s_uppo_rt@netcredit.com. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION OR ARE AMEMBEROF THE ARMED FORCES OR A DEPENDENT OF SUCH AMEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTEWITH US. FOR EXAMPLE, IFWE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOUWILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. 3. CONSENT TO ELECTRONIC SIGNATURES 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 electronic signatures; and (iv) this Agreement will not be governed by Article 3 of the Uniform Commercial Code. NOTICE TO BORROWER (a) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ THEWRITING ABOVE, EVEN IF OTHERWISE ADVISED. CAUTION-IT IS IMPORTANT THAT YOU (b) DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANYBLANK SPACES. THOROUgggREéngggggEEMENT (c) YOU ARE ENTITLED To AN EXACT COPY 0E ANY' AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENTWITHOUT 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: 01 :39 PM on August 22, 201 8 Connected From: 76.14.80.235 Signed By: Stephanie Rivers- Signed As: Stephanie Rivers- Contract: {SHA} 7cee27220195dbac2ddf6545c72563c844be9d90 ACH Authorization: {SHA} 9149b54a7746b4ee69633a8a11b60331bbc7c1a5 NetCredit Signature Block: Signed at: 01 :37 AM on August 23, 201 8 Signed by: David Fisher, President, NC Financial Solutions, LLC, as sole member ofNC Financial Solutions of California, LLC (d/b/aNetCredit) NetCredit: {SHA} f7b0b21 1c1067854af8ab98e892b5e25e20567da EXHIBIT B |oan_number id account_id state first_name |ast_name |oan_id activity_type >' 206112 CA Stephanie Rivers 8467 default 206112 CA Stephanie Rivers 8467 default 206112 CA Stephanie Rivers 8467 default 206112 CA Stephanie Rivers 8467 default 206112 CA Stephanie Rivers 8467 default 206112 CA Stephanie Rivers 8467 call_due event_effective_date agency_id activity_amount past_due_ba|ance_outstanding 10/6/2018 6 481.23 481.23 11/3/2018 6 496.23 977.46 12/8/2018 6 496.23 1473.69 1/5/2019 6 496.23 1969.92 2/2/2019 6 496.23 2466.15 2/4/2019 6 3465.59 5931.74 nt_ef ve d I(Ia’fir'ZOlS lla’flr'ZOlS IEIBI'ZOIS lfSr'ZOlQ 2a’2r'2019 2a’4r'2019 rjd l ltv_a m past_due_baIar'um_uut_~;tanding 3 3 ’1 3 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electrunically Christopher D Mandarich SB 220693 b].- Su permr Caurt cquEalufc-rma, Cnu nry n! San Maren- Ajay Sood 33325294 3” 7/8/2021 Hayk Stambultsyan SB320973 By I5! Cmtal Ewards Amber Swearingen-Ojuri SB324653 DEF“? “'3'“ Alejandro Blake SB336756 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: UHG ILLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED UHG I LLC, Case N0. Plaintiff, 21 -CLJ-03709 FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT Claire Chowdhury, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $4,850.13 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, UHG I LLC, and successor in interest t0 original creditor, CashNetUSA. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: UHG I LLC; 6400 Sheridan Dr Suite 138, Williamsville NY 14221. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time 0f charge-off is CNU OF CALIFORNIA, LLC, DBA CASHNETUSA, 175 W. JACKSON BLVD.SUITE 1000, CHICAGO, IL 60604, and the account number associated With this debt is XXXX1049. 5. Plaintiff is informed and believes that Defendant are individuals Who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. Exhibit "59" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Claire Chowdhury , 18953 SHERMAN WAY , RESEDA, CA 91335. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to 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 of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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, CashNetUSA or made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, CashNetUSA provided Defendant with a credit account, and granted use privileges on the same, account number XXXX1049 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time t0 time, including repaying CashNetUSA and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase ofgoods 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay CashNetUSA and its successors in interest for the amount of 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 account was delinquent on September 10, 2017. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 15. The debt balance at charge-offwas $4,850.13, 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 $4,850.13. 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, CashNetUSA 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 to 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 CashNetUSA, the Defendant agrees to reimburse CashNetUSA, and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. CashNetUSA extended a credit loan to 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 to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $4,850.13. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem 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 CashNetUSA. Although demand has been made upon Defendant, said amount 0f $4,850.13 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,850.13, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 05/19/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 Qflx/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE Disbursement Date: Aug 10 2017 Payment Date: Feb 22 2019 Account #2 .1049 Type ofContract: New Loan LICENSED LENDER'S OFFICE License Number: 603 H010 CNU ofCaliform'a, LLC, d/b/a CashNetUSA I 75 W. Jackson Blvd, Suite 1000, Chicago, IL 60604- BORROWER claire chowdhury 18953 Sherman Way 12 A Reseda CA 91335 In this California Consumer Installment Loan Agreement and Promissory Note (hereinaer the “Loan Agreement”), the words “you,” “your,” mean the borrower who has electronically signed it. The words “we”, “us” and “our” mean CNU ofCalifornia, LLC d/b/a CashNetUSA. 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 Department ofBusiness Oversight regulates us. FOR INFORMATION CONTACT TI-IE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. You may contact our regulator at the California Department ofBusiness Oversight, Consumer Services Ofce, 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344. The Department’s website is http://www.corp.ca.gov/default.asp. The Department’s phone numbers are: (213) 576-7500 or (866) 275-2677. You represent that you obtain this loan 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, itwill be consummated as ofAugust 10, 2017 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank Account on the Disbursement Date designated above. We rely on the representations ofyou and other parties in determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing errors and/or “acts ofGod” may extend the time for the deposit. FEDERAL TRUTH IN LENDING DISCLOSURES FINANCE CHARGE Amount Financed Total ofPayments The cost of your credit The dollar amount the The amount of credit provided to The amount you will have paid alter you have as a yearly rate. credit will cost you. you or on your behalf. made all payments as scheduled. |188.40% $5465.41 |$2600.00 $8065.41 lYour Payment Schedule will be: I Amount of PaymentslWhen Payments Are Due |1 $201.66 “08/25/2017 | |2 $201.66 “09/08/2017 | |3 $201.66 “09/22/2017 | |4 $201.66 10/06/2017 | ‘5 $201.66 10/20/2017 ‘ |6 $201.66 11/03/2017 | |7 $201.66 11/17/2017 | |8 $201.66 12/01/2017 | |9 $201.66 12/15/2017 | |10 $201.66 12/29/2017 | |11 $201.66 01/12/2018 | |12 $201.66 ||01/26/2018 | |13 $201.66 ||02/09/2018 | |14 $201.66 ||02/23/2018 | |15 $201.66 ||03/09/2018 | |16 $201.66 “03/23/2018 | |17 $201.66 ||04/06/2018 | |18 $201.66 ||04/20/2018 | |19 $201.66 ||05/04/2018 | |20 $201.66 “05/18/2018 | |21 $201.66 ||06/01/2018 | |22 $201.66 ||06/15/2018 | |23 $201.66 ||06/29/2018 | |24 $201.66 ||07/13/2018 | |25 $201.66 ||07/27/2018 | |26 $201.66 ||08/10/2018 | |27 $201.66 “08/24/2018 | |28 $201.66 ||09/07/2018 | |29 $201.66 09/21/2018 | |30 $201.66 10/05/2018 | |31 $201.66 10/19/2018 | |32 $201.66 11/02/2018 | |33 $201.66 11/16/2018 | |34 $201.66 11/30/2018 | |35 $201.66 12/14/2018 | |36 $201.66 12/28/2018 | |37 $201.66 01/1 1/2019 | |38 $201.66 ||01/25/2019 | |39 $201.66 ||02/08/2019 | |40 $200.67 ||02/22/2019 | Security You are giving an ACH Authorization as security for this loan. Late Charge If a payment is more than 15 days late, you will be charged $15.00. Prepayment Ifyou pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and lack ofpenalties. UP: 14/364 The Itemization ofAmount Financedprovision discloses the actual amount of cash you receive and retain. It also discloses the funds paid to third persons. It also discloses any fees, charges, costs, insurance premiums, or other sums you paid or we pay on your behalfwhen we make the loan. Itemization ofAmount Financed: $2600.00 $2600.00 Amount given directly to you PROMISE TO PAY AND CALCULATION OF INTEREST You promise to pay us $2600.00 (the amount of the principal) plus interest as set forth in this paragraph from the Disbursement Date of this Loan Agreement until the f1nal installment due date set forth in the Payment Schedule above (“Maturity Date”). You also promise to pay any other charges provided for under this Loan Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Loan Agreement assuming you pay all your scheduled installment payments when due. You promise to pay us the amounts scheduled on the dates set forth in the Payment Schedule above. Time is of the essence. We charge interest under an adjusted daily simple interest method at the annual rate of 189.00% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contract Rate to the "Adjusted Principal Balance" from the Disbursement Date until the earlier of (i) the Maturity Date, (ii) prepayment in full, or (iii) acceleration pursuant to the default provisions. The term "Adjusted Principal Balance" (hereinaer the "APB") means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments ofprincipal. The APB will be less than the outstanding loan principal balance ifyou timely make all payments as scheduled and prepay principal. The APB will also be less than the outstanding loan principal balance if you fail to make a timely payment as scheduled herein. The APB will equal the outstanding loan principal balance ifyou timely make all scheduled payments and no other payments. We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid with a check drawn in U.S. dollars on a U.S. nancial institution or a U.S. dollarmoney order; and (C) includes your account number on the memo line or elsewhere on the front of the check. A payment satisfying these requirements that is received aer 5:00 p.m. Central time at the address above on any day (including the payment due date) will be credited as of the next day. Credit for any other payments may be delayed up to ve (5) business days. Consent to Electronic Communications The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button below, you are conrming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that: 0 You are entitled to receive certain information from us in writing. Because CashNetUSA is an online-only service, for you to apply for and obtain a loan from us or our third-party lending partners, we need your consent to receive all information and disclosures regarding your loan electronically. Any disclosure, notice, record or other type of information that is provided to you in connection with your transaction, including notices of adverse action or any other disclosure, may be sent to you electronically by posting the information at our web site, www.CashNetUSA.com, or by sending it to you by e-mail at the address you provide. We may also provide any information even ifyou consent to receive information electronically. 0 Although we do not have to provide any information in paper form unless you specically request it, you may obtain a copy of any information at no charge by contacting us at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604, by calling us at 888.801.9075 or by emailing us at support@cashnetusa.com. You also can withdraw your consent to 1t11re electronic communications in the same way by asking us to send 1t11re communications in paper form. 0 You must keep your email address current with us. You must promptly notify us of any change in your email address. You may change the email address on record for you by going to the User Prole Page and updating your contact information. 0 To receive electronic communications in connection with this transaction, you will need a working connection to the Internet; a current version of a supported browser (Internet Explorer version 8.0 or above, Firefox version 25.0 or above, Safari version 6.1 or above, or Chrome version 36.0 or above); a current version of a program that accurately reads and displays PDF les (such as Adobe Acrobat Reader); an active email account; and a computer, software, and an operating system capable of supporting all of the above. We reserve the right to discontinue support of a current version of a browser or other soware if, in our sole opinion, it suffers from a security aw or other aw that makes it unsuitable for use with our web site. In order to retain records, you will also need either a printer connected to your computer to print the information or sufcient electronic storage space available on a hard disk, ash drive, etc., to save the information (e.g., 1 megabyte or more). 0 If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic communications from us, we will give you notice of the revised hardware or software requirements. Your continued use of any of our online services alter receiving notice of the change means that you acknowledge that you have the necessary hardware and software to meet our revised requirements and consent to continue to receive electronic communications from us. By electronically signing this Agreement by clicking the "I Agree" button below, you are conrming that: (1) you agree to our Consent to Electronic Communications; and (2) you have the necessary hardware and software to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and view PDF les. RESCISSION and PREPAYMENT You shall have the right to make payment in advance and in any amount on this Loan Agreement at any time. You will not incur an additional charge, fee or penalty for prepayment. Prepayments ofprincipal may reduce the total amount of interest you are scheduled to pay under this Loan Agreement. To rescind future payment obligations under this Loan Agreement and receive a refund of the nance charge, you must (i) inform us in writing via fax (866.326.5265) or email (support@cashnetusa.com) ofyour intent to rescind no later than 4:00 PM Pacic Time on the next business day immediately following the Disbursement Date (“Rescission Deadline”), and (ii) give us written authorization to effect a debit entry to Your Bank Account, dened in the Repayment Authorization below, for the principal amount of the loan. Ifwe receive payment of the principal amount of the loan via such authorization, then we will refund the interest owing and rescind the future payment obligations under this Loan Agreement. Thereafter, ifyou prepay this Loan Agreement in full or in part, no earned interestwill be refunded. To process a partial or full prepayment or receive a payoffbalance, you should call us or tell us in writing via fax (866.326.5265) or email (support@cashnetusa.com) ofyour intent to prepay. Please note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing. APPLICATION OF PAYMENTS Payment will be applied rst to satisfy any past due installment amounts owing (in the order originally scheduled), and then to any currently scheduled installment amounts owing. Ifyou are past due, we credit all payments received rst to the oldest past due amounts owing by applying such to late charges, then to accumulated but unpaid interest, and then to past due principal owing. We repeat the process until all past due installments (as originally scheduled) have been paid in full. If you are not past due, we credit all payments to the current or upcoming scheduled installment by applying such to interest, and then to principal as of the date received. If an early payment is less than the scheduled installment, then you must pay the difference on or before the upcoming installment due date. Early payments, which equal or exceed a scheduled installment, will satisfy the upcoming installment. Excess payments received on a scheduled installment due date will be credited to principal at the time made and not credited to upcoming installments. Therefore, you must pay the next installment as scheduled. Payment ofprincipal may reduce (i) total amount of interest you are scheduled to pay under this Loan Agreement, (ii) the number ofpayments, and/or (iii) the nal payment. ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS You authorize us to initiate an ACH to credit the checking or savings account specied in your Application/Data Verication form (“Your Bank Account”) with the proceeds ofyour loan. In the event that we make an error in processing this ACH (or any other ACH), you irther authorize us to initiate an ACH to correct the error. You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance under this Agreement. AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND TRANSFERS (ACH DEBITS) ACH Authorization for Installment Payments, Fees and, in the Event ofAcceleration, the Loan Balance You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our choosing) (“ACH”) from Your Bank Account for the following: 0 each of the installment payments due under the Agreement (or, ifyou make a partial installment payment, the amount of the installment less the amount of any such payment) on or after its due date; 0 any late / delinqunecy charge and returned payment fee ifpermitted by law and provided for in the Agreement due to us as a result of a late payment or prior rejected ACH; 0 in the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the Accelerated Balance; and 0 the amount required to correct any error we make in processing an ACH. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to provide you with advance notice of an ACH we initiate for an installment payment if the amount of the ACH is less than the installment payment (for example, due to a partial payment). Returned Payments Ifyour bank returns one or more installment payments as unpaid, you authorize us to conrm Your Bank Account has sufcient funds to cover payments using a third party service provider. We may elect not to initiate an electronic fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will email you prior to any such due dates to inform you ifwe elect not to initiate an electronic fund transfer for that payment. The amount will still be due and payable, and you will be responsible formaking alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization. Modied Charges Instead of or in addition to any of the ACHs described above, you authorize us to process any ACHs you subsequently conrm by phone, text message or email. Range ofVarying Amounts Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH Authorization you acknowledge that we have elected to offer you a specied range of amounts for debiting (in lieu ofproviding the notice of transfers in varying in amount). The amount of any ACH debitwill range from (i) the payment amount provided in the payment schedule (which may be less than a scheduled payment ifpartial prepayments have been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a payment based upon your actual payments), plus as applicable, any returned payment charges and/or any late charges you may owe under the Agreement. For any debit outside of this specied range, we will send you a notice. Therefore, by agreeing to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the range specied above. Termination You may terminate one or all of the authorizations to initiate ACHs from Your Bank Account set forth above by calling us at (888) 801- 9075 and by writing us at Attention: General Counsel 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 and specifying which authorizations you would like to terminate. We will discontinue initiating any ACHs you specify as soon as we reasonably can and in any event within three business days alter receiving your termination request. Your Bank Account Information If there is any missing or erroneous information regarding Your Bank Account or the depository that offers it, then you authorize us to verify and correct such information. You have given us certain information from Your Bank Account so that we can verify the account number and routing number and you acknowledge that Your Bank Account is a legitimate, open, and active account. Full Force and Effect This ACH Authorization will remain in ill force and effect until (i) we have received written notication from you of its termination in such time and in such manner as to afford us and the Depository a reasonable opportunity to act on it or (ii) upon ill and nal payment of the amount you owe us under this Agreement Optional ACH Debit Authorization. PLEASE NOTE THAT YOU ARENOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING AMOUNTS OWED AND RECEIVING TT-lE LOAN PROCEEDS UNDER THIS AGREEMENT. BY SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS OWED AND RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO RECEIVENOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS TT-lE RANGE SPECIFIED ABOVE. Security Pursuant to Comment 2(a)(25) of the Federal Reserve Board Ofcial StaffCommentary 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 Ifyou sign this Loan Agreement you waive your right to have a jury trial to resolve any dispute you may have against us or a related third party. LATE CHARGE/DELINQUENCY CHARGES You agree to pay a delinquency fee not in excess of $15 for a period in default ofnot less than 15 days. The delinquency fee may not be collected more than once for the same default and may be collected at the time of the default or at any time thereafter. If the delinquency fee is deducted from any payment received alter default occurs, and the deduction results in the default of a subsequent installment, no fee may be collected for the resulting default. Please note that only one delinquency charge shall be made on any one installment regardless of the period during which the installment remains unpaid. DEFAULT Ifyou fail to make any payment when due, then you will be in default under this Loan Agreement. Upon default, we may declare the entire outstanding balance, plus all accrued and unpaid interest that you owe under this Loan Agreement, and if applicable, any late charges or any other charges permitted by law immediately due and payable. We may demand payment for the entire loan balance including principal, accrued interest and applicable late / delinquency charges. Ifwe do not use any remedy following default, we do not waive our right to the same or other remedies. Our rights are cumulative, not exclusive. BROKER You represent and warrant that no person has performed any act as a broker in connection with the making of this loan. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reected in your credit report. GOVERNING LAW, ASSIGNMENT and EXECUTION The laws of the State of California will govern this Loan Agreement. However, any dispute arising out of this Loan Agreementwill be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act (“FAA”). We may assign or transfer this Loan Agreement or any of our rights hereunder. Ifwe approve this Loan Agreement, then you agree that this Loan Agreementwill be binding and enforceable as to both parties. 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 le a lawsuit in court to resolve their dispute(s). Each party to 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 arbitrator 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. READ THIS ARBITRATION PROVISION CAREFULLY AS ITWILL HAVE A SUBSTANTIAL IMPACT 0N HOW LEGAL CLAIMS YOU ANDWE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO OPT OUT OF (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 0R A COURT, OTHER THAN A SMALL CLAIMS COURT 0R SIMILAR COURT 0F LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT T0 ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT T0 SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, 0R IN ANY OTHER REPRESENTATIVE CAPACITY, AND/0R T0 PARTICIPATE AS AMEMBER 0F A CLASS 0F CLAIMANTS, IN COURT 0R IN ARBITRATIONWITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO 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 (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law. Scope For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or 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, any past agreement or agreements between you and us, any loan or credit product or related product or service 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 arose before the effective 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 of any 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 formoney damages to collect any sum we claim you owe us; (i) all claims asserted by you individually against us and/or any of our employees, directors, ofcers, shareholders, governors, managers, members, parent company or afliated entities (hereinafter collectively referred to as “related third parties”), 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; and (h) all data breach or privacy 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 or 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 to (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 of a class action led in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending. Class ActionWaiver 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 led against us by a state or federal government agency even when such agency is seeking relief on behalfof a class ofborrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, 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 certied mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to CashNetUSA, Attn.: General Counsel - Arbitration Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our les. If a lawsuit concerning the Claim has been led, such notice can be provided by papers led in the lawsuit. Administrator Regardless ofwho demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona de arbitration association and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and 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. Ifyou 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 certied mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General Counsel - Arbitrator Selection Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of the 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 the event of a conict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the 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 les a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party les a motion to compel arbitration with the court which is granted, itwill be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. Arbitrator and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules ofprocedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation 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 determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or 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 of the individual party seeking relief and only to the extent necessary to provide reliefwarranted by that party’s individual claim). Fees and Costs At your written request, we will pay all ling, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration alter you have paid an amount equivalent to the fee, if any, for ling such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a ling fee for asserting the Claim(s) in court, you will not be required to 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 to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted 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 if and 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 brief explanation of the grounds for the decision. Appeal The arbitrator's award shall be nal and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, you or we can, within 14 days alter the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the 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 conducted pursuant to or modeled alter the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules- optional-appeal-procedure/. 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 nal decision of the appeal panel is subject to judicial review only as provided under the FAA. A judgment on the awardmay be entered by any court having jurisdiction. Notice and Cure; Special Payment Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, 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” paragraph of the Arbitration Provision; and (e) be sent to us by certied mail, return receipt requested, at CashNetUSA, Attn.: General Counsel - Claim Notice, 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 of a certied 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 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated. Binding Effect; Survival; Severability This Arbitration Provision is binding upon and benets you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benets us, our successors and assigns, and related third parties. This 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 or any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any 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. OPT-OUT PROCESS You may choose to opt out of this Arbitration Provision but only by following the process set forth below. Ifyou do not wish to be subject to this Arbitration Provision, then you (both or all of you if, ifmore than one) must send us an Opt Out Notice so that we receive it within forty-ve (45) calendar days of the date of this Agreement at the following address: CNU ofCalifornia, LLC, Attn.: General Counsel 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Your notice must be sent to us by certied mail, return receipt requested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of a certied 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 in any manner other than as provided above is insufcient notice. Your decision to opt out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us. WAIVER 0F JURY TRIAL To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with respect to any litigation arising out of or relating to this Agreement between you, on the one hand, and us or any of our employees, directors, ofcers, shareholders, governors, managers, members, parent company or afliated entities, on the other hand. PRIVACY POLICY Effective Date: The privacy policy was last updated July 6, 2016. INTRODUCTION Purpose. The purpose of this Privacy Policy is to describe how CNU Online Holdings, LLC (“CNU,” or “We”) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.CashNetUSA.com (collectively referred to herein as the “Website”). Please read this notice careilly to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy. Our Privacy Policy explains: Information ThatWe Collect How We Use and Share Your Information Access to Your Information and Choices Security ofYour Information California Privacy Rights Consent to Data Processing in United States Changes to Our Privacy Policy Questions and How Contact Us Scope; Third Party Websites. This Privacy Policy applies only to information we collect at and through the Website. Our Website also contains links to third party sites that are not owned or controlled by CNU. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects personal information. Other Privacy Policies. For information about how we collect, use and share your nancial information, please refer to our Financial Privacy Notice Terms ofUse. Please note that your use of our Website is also subject to our Terms ofUse. INFORMATION THATWE COLLECT Information You Provide to Us We collect information you provide to us, for example when you create ormodify your account, register to use our Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: Name; Home address; Email address; Home, work; and mobile telephone numbers; Credit card number; Bank and/or other account numbers; Date ofBirth; Social Security Number; Driver’s License or other national, state, or government ID numbers; and Salary and other nancial information. Information We Collect Automatically Location / Geolocation Information and Your Internet Protocol (IP) address. Information We Collect Through Your Use of our Website Google Analm'cs We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text les placed on your computer, to help the Website analyze how users use the site. You can nd out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that ifyou choose to opt out, you may continue to see ads on our Website, but they will not be based on how you browse and shop. Information Collected Through Cookies and Similar Technologies We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small le containing a string of characters that is sent to your computer when you visit a website. When you visit the Website again, the cookie allows the Website to recognize your browser. Cookies may store unique identiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. (See, “Advertising” below.) No Information From Children Under Age 13 Ifyou are under the age of 13, please do not attempt to register with us at this Website or provide any personal information about yourself to us. Ifwe learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. Ifyou believe we have collected personal information from a child under the age of 13, please Contact Us or call us at (888) 801-9075. HOWWE USE AND SHARE YOUR INFORMATION To Provide Products, Services, and Information. We collect information from you so that we can provide loan products and services that you apply for using the Website, provide information that you request from us, and setup your online account so you can manage your account on account details online. We use your personal information to contact you about your orders, underwrite your loan, fund your loan, make payments on your loan, and to setup your online account. We may send you information about our products and services, and new offerings. Credit Bureaus. We may share your information about you and your account to credit bureaus. This may include both on-time and late payment, missed payment, or other defaults on your account, and this information may be reected on your credit report. Sweepstakes, Surveys, Promotions, and Other Contests. We use your personal information to administer surveys, sweepstakes, promotions and other contests from time to time. Sharing with Third Parties. We may provide information to third party service providers that help us operate and manage our Website. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. Advertising. We may use how you browse and shop in order to show you ads for CNU that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by CNU. We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Website does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities you would like to opt-out of. To learn more about interest- based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that ifyou choose to opt out, you may continue to see ads on our Website, but they will not be based on how you browse and shop. Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside ofCNU when we have your consent to do so. Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of CNU ifwe have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request. Enforce applicable Terms ofUse, including investigation ofpotential violations. Detect, prevent, or otherwise address fraud, security or technical issues. Protect against harm to the rights, property or safety ofCNU, our users, customers or the public as required or permitted by law. Transfer in the Event of Sale or Change ofControl.If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Website to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently. ACCESS TO YOUR INFORMATION AND CHOICES You can access and update certain information we have relating to your online account by signing into your account and going to the account home section of our Website. Ifyou have questions about personal information we have about you or need to update your information, you can Contact Us or call us at 888-801-9075. You can opt-out of receiving marketing and promotional e-mails from CNU by clicking on the ad choices logo on the Website, and by using the opt-out or unsubscribe feature contained in the e-mails. You can close your online account by paying offyour balance in full and by requesting your account be closed through email, phone, U.S. mail, or live chat. Ifyou close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity the or fraud. SECURITY OF YOUR INFORMATION We use industry standard physical, technical and administrative security measures and safeguards to protect the condentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security ofyour login information. Please note that e-mails and other communications you send to us through our Website are not encrypted, and we strongly advise you not to communicate any condential information through these means. CALIFORNIA PRIVACY RIGHTS Under Califomia’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information, please send an email message to support@cashnetusa.com with “Request for California Privacy Information” on the subject line and in the body ofyourmessage. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES Ifyou are a resident of the European Economic Area (EEA), in order to provide our Website, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level ofprotection for your personal information. We are committed to protecting the privacy and condentiality ofpersonal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level ofprotection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing ofpersonal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. CHANGES TO OUR PRIVACY POLICY Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are signicant, we will provide a more prominent notice (including, for certain services, email notication ofprivacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. QUESTIONS AND HOW TO CONTACT US Ifyou have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please Contact Us, email us at support@cashnetusa.com call us at (888) 801-9075, or contact us by US postal mail at the following address: CNU Online Holdings, LLC 175 West Jackson Suite 1000 Chicago, IL 60604 ELECTRONIC SIGNATURES AND CONSENTS 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. CONSENT TO ELECTRONIC COMMUNICATIONS By electronically signing this Agreement by clicking the "I Agree" button below, you are conrming that: (1) you agree to our Consent to Electronic Communications (the "Consent"); and (2) you have the necessary hardware and software to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and view PDF les. 2. ACH AUTHORIZATION By electronically signing below by typing the last four digits ofyour Social Security Number, you certify that you have fully read and understood the sections of this Agreement captioned ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS and AUTHORIZATION FOR REPAYMENT BY ACH, you agree to comply with, and be bound by, their terms and you agree and understand that you are authorizing us to credit Your Bank Account with the proceeds ofyour loan and to debit Your Bank Account for the amounts owed under this Agreement. Enter the last 4 digits ofyour Social Security Number- Please note that we separately authenticate the above electronic signature when you click the "I Agree" button below. 3. AGREEMENT TO TERMS AND CONDITIONS OF LOAN AGREEMENT By electronically signing this Loan Agreement by typing in your name and social security number below and then clicking the "I Agree" button below, (a) you acknowledge that the Loan Agreement was lled in before you did so and that you have reviewed the entire Loan Agreement including the FEDERAL TRUTH-IN-LENDING DISCLOSURES and our PRIVACY POLICY , (b) you acknowledge that your right to le suit against us for any claim or dispute regarding this Loan Agreement is limited by theWAIVER OF JURY TRIAL AND ARBITRATION provisions, (c) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to le a petition for reliefunder any chapter of the United States Bankruptcy Code, and (d) you acknowledge that you have read and understood all of the terms of this Loan Agreement including the provisions mentioned above and you agree to comply with, and be bound by, all 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 ACH Authorization that you separately and voluntarily entered above. YOUSHOULD PRINTAND RETAINA COPYOF THISAGREEMENTFOR YOUR RECORDS. ANELECTRONIC COPYWILL BE AMINTAINED ON THIS WEBSITE IN YOUR PASSWORD PROTECTED CUSTOMER HISTORY Any comments or questions may be directed to customer comment Line at the following toll-free number: (888) 801-9075 or via email to support@cashnetusa.com. - Signature block: Signed at: 01:29 AM on August 09, 2017 Connected From: 73.92.32.217 Signed By: claire chowdhury- Signed As: Claire Chowdhury- Contract: {SHA} af3bf40829a208abf0fc94563f8bb33da154e883 ACH Authorization: {SHA} bb3f9893bb154066d4696ed74fcaf13a8dd0ab29 CashNetUSA Signature block: Signed at: 04:07 AM on August 09, 2017 Signed By: David Fisher, President, CNU Online Holdings, LLC, as sole member ofCNU of California, LLC (d/b/a CashNetUSA) {SHA} 447e14e3bf7a77c17558779c90e7e5f4101caa50 EXHIBIT B customer_id |oan_id aca_date _Ire10d_od loan_task_cd smus_od debit_amount crediLamoum D49 6689 8/9/201 7 12:00:00 AM bank_aooount_ach new_loan_hsk ash 2600 0 D49 6689 8/10/2017 12:00:00 AM bank_internal new_inst|_sk created 201 .94 0 049 6689 8/25/2017 12:00:00 AM bank_lnterml new_lnstl_hsk created 188.48 0 049 6689 918/201 7 12:00:00 AM bank_lntsmal nsw_|nstl_hsk created 167.54 0 049 6689 9/22/2017 12:00:00 AM bank_lntsrml nsw_|nstl_msk created 186.52 0 049 6689 9/22/20 17 12:00:00 AM bank_account_ach payolLlnstlJask ach 0 67 049 6689 10/6/2017 12:00:00 AM bank_internal new_inatl_task created 185.42 0 049 6689 10/1 1/201 7 12:00:00 AM internal |ate_fee_1ask created 15 0 049 6689 10/20I201 7 12:00:00 AM bank_internal new_instl_msk created 184.24 0 049 6689 10/23/201 7 12:00:00 AM internal |ate_fee_msk creabd 15 O 049 6689 11/3/2017 12:00:00 AM bank_lntemel new_|nstl_msk created 162.98 0 049 6689 11/6/2017 12:00:00 AM Internal |ate_fee_hsk created 15 0 049 6689 11/17/2017 12:00:00 AM bank_|nteml new_|nstl_msk created 181 .63 0 049 6689 11/20/201 7 12:00:00 AM internal |ate_fee_msk creamd 15 0 049 6689 1211/2017 12:00:00 AM bank_internal new_instl_hsk created 180.1 7 0 049 6689 12/4/2017 12:00:00 AM internal |ate_fee_wsk created 15 0 049 6689 12/1 5/201 7 12:00:00 AM bank_internal new_inl_msk creabd 178.62 O 049 6689 12/1 8/2017 12:00:00 AM internal |ate_fee_msk creabd 15 O 049 6689 12I29R017 12:00:00 AM bank_lnteml new_|nstl_msk created 176.95 0 049 6689 1I2I201 8 12:00:00 AM Internal hte_fee_msk created 15 0 049 6689 1I12/2018 12:00:00 AM bank_lnterml new_|nstl_mk creamd 175.1 6 0 049 6689 1I16/2018 12:00:00 AM internal hte_fee_msk creamd 15 0 049 6689 1/25/2018 12:00:00 AM bank_interna| foree_default_ins_msk created 0 12.52 \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electrunically b].- Su permr Caurt cquEalufc-rma, Cnu nry n! San Maren- Christopher D. Mandarich SB 220693 3N 7/20/2021 Ajay Sood SB325294 Hayk Stambultsyan SB320973 B)“ I5! Efituat:Emmi Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: JHPDE Finance I, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED JHPDE Finance I, LLC, Case N0. 21 -CLJ-0391 8 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED REBECCA A CISNEROS, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $10,650.36 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, JHPDE Finance I, LLC, and successor in interest to original creditor, Citibank N.A.. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 571 17, and the account number associated with this debt is XXXXXXXXXXXX88 1 8. 4.The subj ect credit account has been purchased by the following entities after charge-off: JH Portfolio Debt Equities, LLC Who maintains an address at 5757 Phantom Dr., Suite 225 Hazelwood, MO 63042. The subject credit account was transferred by JH Portfolio Debt Equities, LLC to Plaintiff JHPDE Finance I, LLC, who maintains an address at 5757 Phantom D11, Suite 225 Hazelwood, MO 63042. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "60" COMPLAINT-l 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is REBECCA A CISNEROS, 1032 TAHOE DR , BELMONT, CA 94002. 7.Plaintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of 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 0fthem, 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.P1aintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Citibank N.A. 0r made such application over the telephone 0r Internet. Pursuant to the aforementioned application, CitibankNA. provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX88 1 8 (hereinafter “Account”). 10.Pri0r t0 the commencement of this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay Citibank N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account to purchase goods and services COMPLAINT-2 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Monthly statements were sent t0 Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment on the subject account was 0n March 22, 2017. 15.Within the last four years, the Defendant failed t0 make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 16.The debt balance at charge-off was $10,777.64, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $10,650.36. 18.Although demand has been made upon said Defendant t0 pay said amount, no part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.Plaintiff has complied With California Civil Code Section 1788.52. 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy 0f Billing Statement provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 22.P1aintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank N.A., the Defendant agree t0 reimburse Citibank N.A., and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount of $10,650.36 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.Plaintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each of 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 Citibank N.A.. Although demand has been made upon Defendant, said amount 0f $10,650.36 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 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $10,650.36, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/15/2021 By: MANDARICH LAW GROUP, LLP QJMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl COMPLAINT-S 0f 5 EXHIBIT A Citi Simplicity® Card REBECCA A CISNEROS Member Since 2015 Account number ending in: 8818 Billing Period:02/23/17-03/22/17 MARCH STATEMENT Minimum payment due: New balance as of 03/22/17: Payment due date: $150.00 $10,033.58 04/20/17 Minimum Payment Warninq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer t0 pay off your balance. For example: If you make no additional charges using this card You will pay off the And you will end up balance shown on this Paying an estimated and each month you pay... statement in about... otal of... Only the minimum payment 25 year(s) $20,463 $333 3 year(s) $11988 (Savings=$8,475) For information about credit counseling services, call 1-877-337-8187. OOOOOO MC OO A O REBECCA A CISNEROS 1032 TAHOE DR BELMONT CA 94002-3011 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCltl (692484) or go to your device's app store. Or visit www.cltlcards.com www.citicards.com Customer Service 1-866-696-5673 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Previous balance $10,019.89 Payments -$150.00 Credits -$0.00 Pu rchases +$163.69 Cash advances +$0.00 Fees +$0.00 Interest +$0.00 New balance $10,033.58 Credit Limit Credit limit $10,200 Includes $3,100 cash advance limit Avanablecredlt$166 Includes $166 available for cash advances Savings Spot | iq ht Your Citi Simplicity Lifetime Savings: $2,239.14 See page 3 to view your Savings Summary. Please printAddress Changeson the reverse side Minimum payment due $150.00 New balance $10,033.58 Payment due date 04/20/17 Amount enclosed: Account number ending in 8818 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-866-696-5673 Page 2 of 3 TTY-hearing-impaired services only 1-800-325-2865 REBECCA A CISNEROS Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments ......................9?(?1______9N_E'_N_E___F_’HMENT.an!AN..K..YPH........_._._._._____________________________‘§159-99 Standard Purchases 02/22 02/23 KAISER PHARM 2339 SAN MATEO CA $14.56 02/24 02/24 CHEVRON 0092712 BELMONT CA $6 O1 Fees charged Total fees charged In thls bllllnq period 50-00 Interest charged Total Interest charged In this bIlllng period 50-00 2017 totals year-to-date Total fees charged in 2017 $0.00 Total interest charged in 2017 $0.00 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject rate (AP ) t0 Interest rate Days in billing cycle: 28 Interest charge .FiUBQHA§E§ ............................................................................................................................... Standard Purch 0.00% $3,040.09 (D) $0 oo (Introductory Rate Expires 04/25/17) Offer 4 0.00% $7,107.00 (D) $0 oo (Balance Transfer Rate Expires 06/09/17) .APYANEE?................................................................................................................................. Standard Adv 13.74% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Savings Spotlight Your Citi Simplicity' Savings Summary From This Billing Period: I Interest: $106.94 I N0 Late Fee: $35.00 a TOTAL SAVINGS $141.94 5‘ . gr w E SAVINGS: See Account Messages for more information about Savings Spotlight Citi Easy Deals“ To find out your current tier: Visit citieasydeals.com or call the number provided above. Deals you can access, by tier: W Base Tier Minimum Annual Purchases: $0.00 Coupons for local dining and shopping Enhanced Tier I Minimum Annual Purchases: $100 I Base tier benefit I Plus deals on gift cards and magazines Plus Tier l Minimum Annual Purchases: $500 l Base and Enhanced tier benefits I Plus deals on merchandise, travel and daily deals » For complete details, qo to citieasydeals.com www.citicards.com Customer Service 1-866-696-5673 TTY-hearing-impaired services only 1-800-325-2865 REBECCA A CISNEROS Account messages SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have estimated your savings. This savings is the difference between the interest that was assessed against the promotional balances using the promotional APRs and the estimated interest that would have been assessed against these same balances using the Enhanced Purchase APRS. This savings amount does not include any balance transfer fees. This savings is from your billing period covered by this statement. NO LATE FEE: Savings on late fee is determined by reviewing your payments and calculating what your late fee would have been on your card without this benefit. If you paid late prior to May 2014, savings on late fee is determined by using a $15 late fee (if your minimum payment due was less than $15, we used that amount as the savings amount). This savings is from your billing period covered by this statement. CITI EASY DEALS: If you made a purchase on Citi Easy Deals, your savings is the difference between the retail price and the price you paid. This savings is from the prior calendar month. CITI PRICE REWIND: If you received a Citi Price Rewind refund, savings is the refunded amount. This savings is from the prior calendar month. CITI SIMPLICITY LIFETIME SAVINGS: The savings from interest, no late fee, Citi Easy Deals and Citi Price Rewind since you became a Citi Simplicity cardmember. This savings amount does not include any balance transfer fees. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 04/13/2017 to allow enough time for regular mail to reach us. Page 3 of 3 EXHIBIT B Citi Simplicity® Card REBECCA A CISNEROS Member Since 2015 Account number ending in: 8818 Billing Period:08/23/17-09/22/17 SEPTEMBER STATEMENT Minimum payment due: New balance as of 09/22/17: Payment due date: Minimum Payment Warninq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the And you will end up balance shown on this Paying an estimated statement in about... otal of... $1,763.88 $10,650.36 10/20/17 www.citicards.com Customer Service 1-866-696-5673 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $1081.74 and an overlimit amount of $450.36. Only the minimum payment 25 year(s) $20,513 For information about credit counseling services, call 1-877-337-8188. OOOOOO MC 32 A O REBECCA A CISNEROS 1032 TAHOE DR BELMONT CA 94002-3011 Pay your bill from virtually anywhere Account Summary Previous balance $10,524.58 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$125.78 New balance $10,650.36 Credit Limit Credit limit $10,200 Includes $3,100 cash advance limit Savings Spotlight Your Citi Simplicity Lifetime Savings: $2,700.22 See page 3 to view your Savings Summary. Please print Address Changeson the reverse side Minimum payment due with the Citi Mobile® App and Cit? Online To download:a Text 'App15' to MyCltl (692484)or go to your device's app store. Or visit www.cltlcards.com New balance Payment due date Amount enclosed: Account number ending in 8818 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 $1,763.88 $10,650.36 10/20/17 www.citicards.com Customer Service 1-866-696-5673 Page 2 of 3 TTY-hearing-impaired services only 1-800-325-2865 REBECCA A CISNEROS Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period $0.00 Interest charged Date Description Amount 09/22 INTEREST CHARGED TO STANDARD PURCH $125.78 Total Interest charged In this billing perlod $125.78 2017 totals year-to-date Total fees charged in 2017 $0.00 Total interest charged in 2017 $472.88 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject rate (AP ) to Interest rate Interest charge Days in billing cyclez31 EH89?! A.?Eé ............................................................................................................................... Standard Purch 13_99% (v) $10,585.32 (D) $125.78 .APYAN..C.E§................................................................................................................................. Standard Adv 13.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages The American Red Cross is accepting donations to support their work in providing shelter, food, emotional support and other assistance in response to disasters. Visit www.redcross.org, call 1-800-RED-CROSS, or text REDCROSS to 90999 to make a $10 donation. Citi ThankYou® Rewards members can also use their points to make a donation to the American Red Cross at www.thankyou.com. Contributions may also be sent to your local American Red Cross chapter or to the American Red Cross, P.O. Box 37243, Washington, D.C. 20013. SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have estimated your savings. This savings is the difference between the interest that was assessed against the promotional balances using the promotional APRs and the estimated interest that would have been assessed against these same balances using the Enhanced Purchase APRs. This savings amount does not include any balance transfer fees. This savings is from your billing period covered by this statement. NO LATE FEE: Savings on late fee is determined by reviewing your payments and calculating what your late fee would have been on your card without this benefit. If you paid late prior to May 2014, savings on late fee is determined by using a $15 late fee (if your minimum payment due was less than $15, we used that amount as the savings amount). This savings is from your billing period covered by this statement. CITI EASY DEALS: If you made a purchase on Citi Easy Deals, your savings is the difference between the retail price and the price you paid. This savings is from the prior calendar month. CITI PRICE REWIND: If you received a Citi Price Rewind refund, savings is the refunded amount. This savings is from the prior calendar month. cfi‘: I I"E i simuluu I v: M: Savings Spotlight Your Citi Simplicity® Savings Summary From This Billing Period: I No Late Fee: $35.00 TOTAL SAVINGS $35.00 CITI SIM‘PLICIIY See Account Messages for more information about Savings Spotlight www.citicards.com Customer Service 1-866-696-5673 TTY-hearing-impaired services only 1-800-325-2865 REBECCA A CISNEROS CITI SIMPLICITY LIFETIME SAVINGS: The savings from interest, no late fee, Citi Easy Deals and Citi Price Rewind since you became a Citi Simplicity cardmember. This savings amount does not include any balance transfer fees. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 10/13/2017 to allow enough time for regular mail to reach us. Page 3 of 3 \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electrunically b].- Su permr Caurt cquEalufc-rma, Cnu nry n! San Maren- Christopher D. Mandarich SB 220693 3N 7/20/2021 Ajay Sood 33325294 By m Crystal swords Hayk Stambultsyan SB320973 Deputy Clerk Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: JHPDE Finance I, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED JHPDE Finance I, LLC, case N0. 21 _CLJ_O391 9 Plalntlff, COMPLAINT FOR: vs. 1. ACCOUNT STATED NADEEN M TAHA, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $13,237.77 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, JHPDE Finance I, LLC, and successor in interest to original creditor, Citibank N.A.. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 571 17, and the account number associated with this debt is XXXXXXXXXXXX9859. 4.The subj ect credit account has been purchased by the following entities after charge-off: JH Portfolio Debt Equities, LLC Who maintains an address at 5757 Phantom Dr., Suite 225 Hazelwood, MO 63042. The subject credit account was transferred by JH Portfolio Debt Equities, LLC to Plaintiff JHPDE Finance I, LLC, who maintains an address at 5757 Phantom D11, Suite 225 Hazelwood, MO 63042. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "61 " COMPLAINT-l 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is NADEEN M TAHA, 7 1 5 MAPLE AVE APT A , S SAN FRAN, CA 94080. 7.Plaintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of 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 0fthem, 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.P1aintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Citibank N.A. 0r made such application over the telephone 0r Internet. Pursuant to the aforementioned application, CitibankNA. provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX9859 (hereinafter “Account”). 10.Pri0r t0 the commencement of this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay Citibank N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account to purchase goods and services COMPLAINT-2 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Monthly statements were sent t0 Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment on the subject account was 0n March 13, 2017. 15.Within the last four years, the Defendant failed t0 make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 16.The debt balance at charge-off was $13,237.77, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $13,237.77. 18.Although demand has been made upon said Defendant t0 pay said amount, no part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.Plaintiff has complied With California Civil Code Section 1788.52. 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy 0f Billing Statement provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 22.P1aintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank N.A., the Defendant agree t0 reimburse Citibank N.A., and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount of $13,237.77 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.Plaintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each of 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 Citibank N.A.. Although demand has been made upon Defendant, said amount 0f $13,237.77 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 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $13,237.77, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/15/2021 By: MANDARICH LAW GROUP, LLP QJMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl COMPLAINT-S 0f 5 EXHIBIT A Citi ThankYou® Preferred Card NADEEN M TAHA How to reach us Member Since 2013 Account number ending in: 5913 www.citicards.com Billing Period:02/18/17-03/17/17 1-800-THANKYOU(1-800-842-6596)TTY: 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Minimum payment due; $196.00 Previous balance $13,300.50 Payments $205.50N w l n : 1 .e ba a ce $ 3.095 00 Credits $000 Payment due date: 04/15/17 Purchases +$0.00 Cash advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees +$0.00 date listed above, you may have to pay a late fee of up to $35 and your APRS + may be increased up to the variable Penalty APR of 29.99%. IntereSt SO'OO _ . New balance $13,095.00 Minimum Payment Warninq:|f you make only the mlnlmum payment each period, you will pay more in interest and it will take you longer to pay off your o - - balance. For example: creqlt. F'm't If you make no additional You will pay off the And you will end up cred't I'm't I I $15000 chargeshusingtahis card btal?nce sgownbon ghis ?atyingfman estimated Includes $2,000 cash advance Ilmlt an eac mon ou a saemen Ina ou oalo ----------------------------------------------------------------------------------------y p y'" Available credit $1,905 Only the minimum payment 28 year(s) $26,552 Includes $1,905 available for cash advances $14,904 $414 3 year(s) (Savings=$11,648) For information about credit counseling services, call 1-877-337-8187. thankyfgg CItI Total ThankYou Member Available Point Balance: 473 as of 02/28/17 » See page 3 for more information about your rewards. Please printAddress Changeson the reverse side Pay your bill from virtually anywhere Minimum payment due $196.00 with the Citi Mobile® App and Cit? Online T d I d New balance $13,095.00 O OWn 03 Ia Text'Apms'to Mycm(6924e4) Payment due date 04/15/17or go to your device's app store. Or visit www.clticards.com Amount enclosed: oooooo v| oo A o Account number ending in 5913 NADEEN M TAHA CITI CARDS 715 MAPLE AVE PO BQX 78045 APT A Phoenix, AZ 85062-8045 SOUTH SAN FRANCISCO CA 94080-2948 NADEEN M TAHA www.citicards.com Page 2 of 2 1-800-THANKYOU(1-800-842-6596)TTY: 1-877-693-0218 cifl‘ ?.W'ra. Account Summary Trans. Post thankyou A. date date Description Amount irom Cltl Payments, Credits and Adjustments Member |D; 8910235047175501 03/13 ONLINE PAYMENT, THANK YOU $205.50 ThankYou Points Earned This Period ‘ 2X on Dining O Fees Charged 2X on Entertainment O Total fees charged In thls bllllnq period 50-00 1X on Other Purchases O Total Earned 0 Interest charged Total interest charged in this billing period $0.00 » Vi§it thankVOU-Com t0 redeem pomts or see full rewards details.2017 totals year-to-date . Bonus Points may take one to two billingTmalfeescnarged'nzow$050 ____________________ cycles to appear on your statement. Please Total interest charged in 2017 $0.30 refer to the specific terms and conditions pertaining to the promotion for further , details. Interest charge calculation Days in billing cycle:2e Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject Balance type rate (AP ) to Interest rate Interest charge BUéELiKéEé """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" ""é't'é'ii'dé'r'dfid'r'é'h """"""""""""""""""" {4.2565625 """""""" é616626) """""""""""""""" 's'é'b'c'i' Offereooo/ """"""" 's'iéééé'é'éib')""""""""""""""""$656 (Balance Transfer Rate Expires 11/01/17) 'Ab’MEEé """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" """ standardAdv2574/(v)sooom)sooo Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (inCIUding current transadions)‘ Account messages Did you know that with a single phone call, a Citi Client First Account Specialist can provide you with information and options that may be available on all of your Citibank accounts? Please contact us Monday - Friday 7:00AM - 10:00PM; Saturday 7:00AM - 7:00PM; Sunday 8:00AM - 7:00PM Central time at 1-866-680-8625 to speak with an Account Specialist for more information. EXHIBIT B Citi ThankYou® Preferred Card NADEEN M TAHA Member Since 2013 Account number ending in: 9859 Billing Period:09/20/17-10/18/17 OCTOBER STATEMENT www.citicard s.com Customer Service 1-800-THANKYOU(1-800-842-6596) Minimum payment due: New balance as of 10/18/17: TTY-hearing-impaired services only 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at least the minimum payment due, which Payment due date: Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRS may be increased up to the variable Penalty APR of 29.99%. Minimum Payment Warninq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... Only the minimum payment 1 month(s) For information about credit counseling services, call 1-877-337-8188. OOOOOO MC 34 A O NADEEN M TAHA ATTNY ACCOUNT-CODE=UCU1 S SAN FRAN CA 94080-2948 Pay your bill from 51323737 includes a past due amount of $1381.00. $13,237.77 Account Summary 11/1 5/17 Previous balance $13,237.77 Payments -$0.00 Credits -$0.00 Purchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$0.00 And you wi|| end up New balance $13,237.77 ?oatyailngfan estimated I . o Credit LImIt $13,238 Credit limit $15,000 Includes $2,000 cash advance limit _ _ _ .Virtually any‘f’here _ Minimum payment due 513,237-77 Wlth the CItI Moblle® App and Cit? Onllne New balance $13,237.77 Exiqngg'to Mycm (592434) Payment due date 11/15/17 or go to your device's app store. Or visit www.clticards.com Amount enclosed: Account number ending in 9859 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) TTY-hearing-impaired services only 1-877-693-0218 NADEEN M TAHA Account Summary Trans. Post date date Description Amount Fees charged Total fees charged In thls bllllnq period 50-00 Interest charged Total Interest charged In this bIlllng period 50-00 2017 totals year-to-date Total fees charged in 2017 $141.00 Total interest charged in 2017 $3.07 Interest charge calculation Days in billing cycle:29 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge EU'FéEHA’éEé """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" """ StandardPurch1499/msooomsoooOffereooo/ """""""""""é656265""""""""""""""""$6166 (Balance Transfer Rate Expires 11/01/17) """ fiurPr0809171499/msooomsooo 'A’b’V’AN’éEé """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" ""é't'éfidé'rfid'x} """""""""""""""""""""" 2£55529} """""""" é616626) """""""""""""""" éélb'é' Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Page 2 of 2 \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electrunically Christopher D Mandarich SB 220693 b].- Su permr Caurt cuf-Ealufc-rmarflnu nry nfSan Maren- Ajay Sood 33325294 0N 7/20/2021 Hayk Stambultsyan SB320973 By I5! Cmtal Ewards Amber Swearingen-Ojuri SB324653 Deputy Clerk MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: JHPDE Finance I, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED {)IlialirllDtngmance I, LLC, Case N0. 21 _CLJ_O3920 COMPLAINT FOR: vs. 1. ACCOUNT STATED JOHN MCLAUGHLIN, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $5,852.41 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, JHPDE Finance I, LLC, and successor in interest to original creditor, Citibank N.A.. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 571 17, and the account number associated with this debt is XXXXXXXXXXXX8425. 4.The subj ect credit account has been purchased by the following entities after charge-off: JH Portfolio Debt Equities, LLC Who maintains an address at 5757 Phantom Dr., Suite 225 Hazelwood, MO 63042. The subject credit account was transferred by JH Portfolio Debt Equities, LLC to Plaintiff JHPDE Finance I, LLC, who maintains an address at 5757 Phantom D11, Suite 225 Hazelwood, MO 63042. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "62" COMPLAINT-l 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is JOHN MCLAUGHLIN, 537 GEARY ST , SAN FRANCISCO, CA 94102. 7.Plaintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of 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 0fthem, 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.P1aintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Citibank N.A. 0r made such application over the telephone 0r Internet. Pursuant to the aforementioned application, CitibankNA. provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX8425 (hereinafter “Account”). 10.Pri0r t0 the commencement of this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay Citibank N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account to purchase goods and services COMPLAINT-2 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Monthly statements were sent t0 Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment on the subject account was 0n February 6, 2017. 15.Within the last four years, the Defendant failed t0 make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 16.The debt balance at charge-off was $5,965.39, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $5,852.41. 18.Although demand has been made upon said Defendant t0 pay said amount, no part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.Plaintiff has complied With California Civil Code Section 1788.52. 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy 0f Billing Statement provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 22.P1aintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank N.A., the Defendant agree t0 reimburse Citibank N.A., and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $5,852.41 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.Plaintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each of 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 Citibank N.A.. Although demand has been made upon Defendant, said amount 0f $5,852.41 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 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,852.41, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/15/2021 By: MANDARICH LAW GROUP, LLP QJMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl COMPLAINT-S 0f 5 EXHIBIT A Citi PremierPass®lExpedia® Card JOHN MCLAUGHLIN Member Since 2009 Account number ending in:8425 Billing Period:02/O3/17-03/02/17 MARCH STATEMENT Minimum payment due: New balance as of 03/02/17: Payment due date: Late Payment Warning: If we date listed above, you may ha $113.42 $5,189.20 03/28/17 d0 not receive your minimum payment by the ve to pay a late fee of up to $37 and your APRs may be increased up to the variable Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer t0 pay off your balance. For example: If you make no additional charges using this card and each month you pay. You will pay off the And you will end up balance shown on this Payingf.” an estimated statement In about... otal of Only the minimum payment 19 year(s) $11,090 $182 $6.552 3 year(S) (Savings=$4.538) For information about credit counseling services, call 1-877-337-8187. OOOOOO PW OO A O JOHN MCLAUGHLIN 537 GEARY ST SAN FRANCISCO CA 94102-1640 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCltl (692484) or go to your device's app store. Or visit www.cltlcards.com www.citicards.com Customer Service 1-866-458-4271 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Previous balance $5,246.19 Payments -$119.41 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$62.42 New balance $5,189.20 Credit Limit Revolving Credit limit $5,500 Includes $1,700 cash advance limit M'a'i'iéb'l'é"F'e'ékk'éiiiifiij'é'r'éa'i't """""""""""""" é 3'16" Includes $310 available for cash advances thankyfgg CItI Total ThankYou Member Available Point Balance: as of 02/28/17 2,623 » See page 3 for more information about your rewards. Please printAddress Changeson the reverse side Minimum payment due New balance Payment due date Amount enclosed: Account number ending in 8425 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 $113.42 $5,189.20 03/28/17 www.citicards.com Customer Service 1-866-458-4271 Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 JOHN MCLAUGHLIN --+ Expedia- Cltl Account Summary Trans. Post thank 0U A. date date Description Amount ytrom Cltl Payments, Credits and Adjustments Member ID: 8910231736406714 ______________________O. 2/06ONLINEPAYMENTTHANKYOU$11941 Purchase Points Activity This Period O Fees charged Earned t If h di thl bllll i d $0 00 TOtal Earned d T .o a ees c arge n s "q per o Transferred to ThankYou Member Account O IntereSt Charged Total Purchase Points earned Date Description Amount for ExPedia'com purChase ______________________________________________________________________________________________________________________________________________________ this period O 03/02 INTEREST CHARGED TO STANDARD PURCH $62.42 . Total interest charged in this billing period $62.42 $33:'ng'gfigaaaifrfi‘ggfatgcount this period O 2017 tatals year-to-date » Visit thankyou.com to redeem Total fees charged in 2017 so.oo points or see full rewards details Total interest charged in 2017 $203.10 Interest charge calculation Days in billing cycle:2e Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject Balance type rate (AP ) to Interest rate Interest charge "FSU'réE'H'Kééé ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' "'"éféiidéFEfifiFéh """"""""""""""""" 1 éj'v'abk'ofii)’ """"" 's'éfiéé'fé'v'k'b') """""""""""""" éé’z’fi'z" 'be'V/Kfi'c'éé '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """ standardAdv2199/soommsooo Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method I (including current transactions). Account messages ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. ThankYou Purchase Points and ThankYou Flight Points become available for redemption after they are transferred to your ThankYou Member Account. Remember, any charges above your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date. Did you know that with a single phone call, a Citi Client First Account Specialist can provide you with information and options that may be available on all 0f your Citibank accounts? Please contact us Monday - Friday 7:00AM - 10:00PM; Saturday 7:00AM - 7:00PM; Sunday 8:00AM - 7:00PM Central time at 1-866-680-8625 to speak with an Account Specialist for more information. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 03/21/2017 to allow enough time for regular mail to reach us. EXHIBIT B Citi PremierPass®lExpedia® Card JOHN MCLAUGHLIN www.citicards.com Member Since 2009 Account number ending in: 8425 Customer Service 1-800-755-4000 Billing Peri0d108/03/17-09/04/17 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at SEPTEMBER STATEMENT least the minimum payment due, which Minimum payment due. $1 46° o4 includes a past due amount of $927.89 and° ' ° an overlimit amount of $352.41. New balance as of 09/04/17: $5,852.41 Payment due date: 09/28/17 A°°.°unt summary PreVIous balance $5,730.67 Late Payment Warning: If we d0 not receive your minimum payment by the Payments $000 date listed above, you may have to pay a late fee of up to $37 and your APRs cred'ts 'SO-OO may be increased up to the variable Penalty APR of 29.99%. Purchases +$0.00 Minimum Payment Warninq:|f you make only the minimum payment each CaSh advanCeS +5000 period, you will pay more in interest and it will take you longer t0 pay off your Fees +537 00 balance. For example: I t t 84'74 If you make no additional You will pay off the And you will end up n eres +5 ' charges using this card balance shown on this Paying an estimated New ba|ance $5,852.41 and each month you pay... statement in about... otal of... Only the minimum payment 17 year(s) $11,036 cred't L'm't Revolving Credit limit $5,500 For information about credit counseling services, call 1-877-337-8188. Includes $1,700 cash advance limit Please printAddress Changeson the reverse side Pay your bill from virtually anywhere Minimum payment due $1,460.04 with the Citi Mobile® App and Citi® Online T d I d New balance $5,852.41 O OWn OB 2a Text 'App15'to Mycm(692484) Payment due date 09/28/17or go to your device's app store. Or visit www.cltlcards.com Amount enclosed: 000000 pw 32 A 0 Account number ending in 8425 JOHN MCLAUGHLIN CITI CARDS 537 GEARY ST PO BOX 78045 SAN FRANCISCO CA 94102-1640 Phoenlx. AZ 85062'8045 www.citicards.com Customer Service 1-800-756-4000 TTY-hearing-impaired services only 1-800-325-2865 JOHN MCLAUGHLIN Account Summary Trans. Post date date Description Amount Date Description Amount 09/04 LATE FEE - AUG PAYMENT PAST DUE $37.00 Total fees charged In thls bllllnq period 537-00 Interest charged Date Description Amount 09/04 INTEREST CHARGED TO STANDARD PURCH $84.74 Total Interest charged In this billing period 584-74 2017 totals year-to-date Total fees charged in 2017 $212.00 Total interest charged in 2017 $654.31 Interest charge calculation Days in billing cyclezaa Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge EU'FéLéHA’éEé ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' """ S 't"a"ridé'r'd'fiii'r'é'h'""'"""'"""'"""'""{5346M};""'""éé’jfilés"(6')""'""'""""""""'s'é2{%éi' 'Ab'v/Kfi'c'éé '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' ""é’t’éhdé’r'a'AAQ """"""""""""""""""" é'{ééb}; """"""""""" é616626) """"""""""""""" ééib'é' Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 09/21/2017 to allow enough time for regular mail to reach us. Page 2 of 2 \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Efectrunltally Christopher D. Mandarich SB 220693 Llyfiupfllur Cw! dillflmnufliuuflw afhn Mum Ajay Sood 33325294 Hayk Stambultsyan $3320973 fl" 7/21/2021 Amber Swearingen-Ojuri SB324653 WflwufiwMANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: UHG ILLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED UHG I LLC, Case N0. 21 -CLJ-03941 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED PAMELA LOMBARDIA, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $5,075.89 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, UHG I LLC, and successor in interest to original creditor, Citibank N.A.. 2.P1aintiff 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 Suite 138 Williamsville NY 14221. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK,N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57 108, and the account number associated With this debt is XXXXXXXXXXXX2443. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "63" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is PAMELA LOMBARDIA, 30765 PACIFIC COAST HWY STE 150, MALIBU, CA 90265-3643. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 card application to the original creditor, Citibank N.A. 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank N.A. provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX2443 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank N.A. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank N.A. and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date of last payment 0n the subject account was 0n December 23, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $5,075.89, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $5,075.89. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account With Citibank N.A., the Defendant(s) agree to reimburse Citibank N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection 0f amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $5,075.89 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Citibank N.A.. Although demand has been made upon Defendant, said amount 0f $5,075.89 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 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,075.89, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/20/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Costco Anywhere Visa® Card by Citi PAMELA LOMBARDIA Member Since 2017 Account number ending in: 2443 Billing Period: 11/20/19-12/18/19 DECEMBER STATEMENT Minimum payment due: New balance as of 12/1 8/19: Payment due date: $146.40 $4,452.97 01/15/20 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRS may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO BOX 790046 ST. LOUIS, MO 63179-0046 Account Summary Previous balance $4,504.77 Payments $153.20 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$39.00 Interest +$62.4O New balance $4,452.97 Credit Limit Credit Limit $5,000 Includes $1,500.00 cash advance limit Available Credit Limit $547 Includes $547 available for cash advanceIf you make no additional You will pay offthe And you will end upcharges using this card balance shown on the aying an estimated and each month you pay... statement in about... otal of... Only the minimum payment 18 years $1 0,273 $5,760 $1 60 3 Years (Savings=$4,51 3) For information about credit counseling services, call 1-877-337-8187. 000000 NC 00 A O PAMELA LOMBARDIA 28266 REY DE COPAS LN MALIBU CA 90265-4461 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com Costco Cash Rewards Summary as of 12/18/19 $4.33 » See page 3 for more information about your rewards Minimum payment due New balance Payment due date Amount enclosed: Account number ending in 2443 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 $146.40 $4,452.97 o1 I1 5/20 www.citicards.com Customer Service 1-855-378-6467 Page 2 of 3 TTY-hearing-impaired services only 1-866-210-0617PAMELA LOMBARDIA Important Changes to Your Account Terms The following is a summary of changes being made to your account terms. These changes will take effect on 02/20/2020.For more information, please see"Details About the Changes"below. Revised Terms, as of 02/20/2020 Late Payment Up to $40 Fee Returned Up to $40 Payment Fee Details About the Changes: The following paragraphs replace the corresponding paragraphs in your Card Agreement. Late Fee: Up to $40. We have the right to charge you a late fee if you don't pay at least an amount equal to the Minimum Payment Due minus any Overlimit Amount by the payment due date. The late fee is $29 and, if you make another Late Payment within the next 6 Billing Periods the late fee will be $40. The amount of your late fee will never be higher than your Minimum Payment Due. Returned Payment FeezUp to $40. We have the right to charge you a Returned Payment fee of $29 if your bank doesn't honor your payment. |f that happens, we'll resubmit the payment request. |f your bank doesn't honor another payment within 6 consecutive Billing Periods, the Returned Payment fee will go up to $40. This amends your Card Agreement. Please keep this information for future reference. CARDHOLDER SUMMARY PAMELA LOMBARDIA ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments 12/16 ONLINE PAYMENT, THANK YOU $153.20 PAMELA LOMBARDIA No Activity Fees Charged 12/18 LATE FEE - NOV PAYMENT PAST DUE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 12/18 INTEREST CHARGED TO STANDARD PURCH $5.20 12/18 INTEREST CHARGED TO PUR PR-12/10/18. $57.20 TOTAL INTEREST FOR THIS PERIOD $62.40 Card ending in 2443 New Charges $0.00 Costco Cash Rewards Summary Total Costco Cash Rewards Balance: $4.33 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement +$4.33 Earned this period +$0.00 Total Costco Cash Rewards Balance Year To Date: $4.33 Costco Cash Rewards Earned This Period 4% on eligible gas worldwide, including gas at Costco' +$0.00 3% on restaurants +$0.00 3% on eligible travel worldwide +$0.00 2% on Costco and Costco.com +$0.00 1% on a|| other purchases +$0.00 Total Earned: $0.00 » Visit citi.com/Costco for more information 'Up to $7,000 per year in purchases, then 1% cash back www.citicards.com Customer Service 1-855-378-6467 Page 3 of 3 TTY-hearing-impaired services only 1-866-210-0617PAMELA LOMBARDIA 2019 totals year-to-date Total fees charged in 2019 $152.00 Total interest charged in 2019 $824.85 Interest charge calculation Days in billing cyclezz9 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 29.99% (V) $218.41 (D) $5.20 Pur Pr 121018 16.74% (V) $4,300.65 (D) $57.20 ADVANCES standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Remember, any charges above your credit limit MUST BE PAID IN FULL by your statement's payment due date. Please be sure t0 pay 0n time. If you submit your payment by mail, we suggest you mail it n0 later than 01/08/2020 t0 allow enough time for regular mail t0 reach us. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks 0f Citigroup Inc. Visa(R) is a registered trademark 0f Visa International Service Association. EXHIBIT B Costco Anywhere Visa® Card by Citi PAMELA LOMBARDIA Member Since 2017 Account number ending in: 2443 Billing Period: 07/18/20-08/19/20 AUGUST STATEMENT Minimum payment due: New balance as of 08/1 9/20: Payment due date: $5,075.89 $5,075.89 08I1 9/20 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $40 and your APRS may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pa offthe balance shown on t e statement in about... And you will end up pfaying an estimated total o www.citicards.com Customer Service 1-800-846-8444 TTY-hearing-impaired services only 1-866-210-0617 PO BOX 790046 ST. LOUIS, MO 63179-0046 Account Summary Only the minimum payment 1 months $5 ,076 For information about credit counseling services, call 1-877-337-8188. Pay online www.citicards.com Pay by phone 1-800-846-8444 ® @ ® Pay by mail Use this coupon u Enclose a valid check or money order payable to Citi Cards. No cash or foreign currency. u Write the last four digits of your account number on your check. 000000 NC 34 A 0 PAMELA LOMBARDIA 30765 PACIFIC COAST HWY STE 150 MALIBU CA 90265-3643 Previous balance $4,999.01 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$76.88 New balance $5,075.89 Credit Limit Credit Limit $5,000 Includes $1,500.00 cash advance limit Minimum payment due $5,075.89 New balance $5,075.89 Payment due date 08l1 9/20 Amount enclosed: Account number ending in 2443 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 www.citicards.com PAMELA LOMBARDIA CARDHOLDER SUMMARY PAMELA LOMBARDIA New Charges ACCOUNT SUMMARY Sale Post Date Date Description PAMELA LOM BARDIA No Activity Fees Charged TOTAL FEES FOR THIS PERIOD Interest Charged 08/19 INTEREST CHARGED TO STANDARD PURCH 08/19 INTEREST CHARGED TO PUR PR-12/10/18. TOTAL INTEREST FOR THIS PERIOD Customer Service 1-800-846-8444 TTY-hearing-impaired services only 1-866-210-0617 Page 2 of 2 Card ending in 2443 $0.00 Amount $0.00 $15.23 $61.65 $76.88 2020 totals year-to-date Total fees charged in 2020 Total interest charged in 2020 $239.00 $530.32 Interest charge calculation Balance type Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject rate (APR) to interest rate PURCHASES Standard Purcn 29.99% (V) $561.57 (D) $15.23 Pur Pr 121018 15.24% (V) $4,474.61 (D) $61.65 ADVANCES Standard Adv 29.99% (V) $0.00 (D) $0.00 Days in billing cycle:33 Interest charge Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Minimum Payment Due includes past due amounts. Your account may be with a collection vendor and when you call our number, you may be referred to the vendor. You may reach us at the toll-free number shown above Monday-Thursday 8am to 6 pm or Friday 8am to 5pm, Central Time. 1-800-846-8444. TTY 1-855-371-0353. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Efectrunltally Chl’iStOphCI‘ D. MandariCh SB 220693 wguwm cu," flcflwmlcgm gum Mu“. Ajay SOOd SB325294 fl." 8/2/2021 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 WJHQflIH-EWL MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: VELOCITYINVESTMENTS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED VELOCITY INVESTMENTS, LLC, Case No. 21 -CLJ_041 43 Plaintiff, VS FILE BY FAX COMPLAINT FOR: 1. BREACH OF CONTRACT ARMANDO MUSTRAL MONTOYA, an 2. OPEN BOOK ACCOUNT individual; and DOES 1 through 10 inclusive. . Defendant. DEMAND- $4,571-20 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, VELOCITY INVESTMENTS, LLC, and successor in interest to original creditor, OneMain Financial, Inc.. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: VELOCITY INVESTMENTS, LLC; 1800 Route 34N Suite 404A , Wall NJ 077 1 9. 3. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. 4. The charge-off creditor at the time 0f charge-off is ONEMAIN FINANCIAL GROUP, LLC. (DE), 100 INTERNATIONAL DRIVE, BALTIMORE, MD 21202, and the account number associated with this debt is XXXXl 30 1. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action. Exhibit "64" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ARMANDO MUSTRAL MONTOYA , 249 SAN LUIS AVE APT 5, SANBRUNO, CA 94066. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to 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 of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 to the original creditor, OneMain Financial, Inc. or made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, OneMain Financial, Inc. provided Defendant With a credit account, and granted use privileges on the same, account number XXXXI 301 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time to time, including repaying OneMain Financial, Inc. and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase 0fgoods 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay OneMain Financial, Inc. and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers, along With such other charges as may be assessed pursuant to the terms governing the Account. 13. The date of last payment 0n the subject account was on February 26, 2018. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-offwas $4,571.20, 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 $4,571.20. 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, OneMain Financial, Inc. 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 to 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 OneMain Financial, Inc., the Defendant agrees t0 reimburse OneMain Financial, Inc., and hence Plaintiff as successor in interest for the costs related to the collection 0famounts owing 0n the Account. Plaintiffhas been required t0 retain Mandarich Law Group, LLP t0 pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. OneMain Financial, Inc. extended a credit loan to 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 to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $4,57 1 .20. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem 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 OneMain Financial, Inc.. Although demand has been made upon Defendant, said amount of $4,571.20 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,571.20, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/28/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 Qflx/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Disclosure Statement, De and Security Agreem.t Bal‘mwefl's} (I‘Tame and mailing address} Lender {Nana addresa. City and state} Account ND. ONEMAIN FINANCIAL , INC . - 5 9 TD Date 0f Loan ARMANDO MUSTRALES MONTOYA 249 SAN LUIS AVE APT 5 1650 El Camino Real SAN BRUNO CA 94066 San Bruno CA 94066 10,!04/2013 ANN UAL PERCEN'I‘AGE RA'I‘E FINANCE CHARGE Amount Financed Total of Paymcnts _ The cost 0f Borrower's credit as The doliar amount the credit will Th3 amflum 0f CTBdi'E PTOVidBd l0 TUB flmvunl BONOWEI' WI” haw: a yearly rat: Gust BUerWEr. Borrower 0r un Borrowefs behaif. paid after Burrowcr has made: all payments as scheduled. 35-99 ”/6 $ 10,143.33 S 8,691.67 S 18,340.00 Pagmcnt Schedule: . _ . . r. ' . h . . ~ \ . ‘ *r ls nln ‘ r w Number 0t Amount Of When Payments Secumg‘ 'lfcheuked, Burrow: g g a bLLu 1 v Payments Payments Are Due 'merflfl m' _ _D Motor Vehaclu D Mobile Helm: 6 a $ 3 14 . 0 0 MONTHLY BEGINNING 11 04 2013 U other 3 Late Charge: prayment is late, Borrower will be 5 charged $ 10 . DO $ Pregaggmcnt: lfBurmwer pays off early, Borrower: Ewill not fl may have 1-.) pay a penalty. and See the contract documents for any additional information about nonpayment, default, Ewill not ‘ lmay be_ entitled t0 a refund of'part any required repayment in full before the scheduled date, and prepayment rflFunds and _ 0t lhe finance Chafgc- penalties. Additiunal Information: DATE CHARGES BEGIN 10f04/2013 HUM li=M__-m-1UUN'I' pUJN-T-5_,-i.-.5E§ . . . . . b 9,126-25 $ 434.53 fl INSURANCE DISCLOSURE Required Insurance: lf‘thc collatcral securing the credit is a private-passenger, non-commercialmotur vchicic [including a recreational vehicle, boat. nr movable [nubile humul‘ Borrower must provide cullisiun 21nd comprehensive casualty insurance in an amount sufficient to satisfy the unpaid balance ofthc loan 0r equal m [he value nl' the collateral, whichever is less. A1] such policies and renewals thcrcnfmust name Lender as loss payee and must he maintainud by Burrnwur, until the crcdit is repaid in full, Borrower may nbtain a new insurance policy {Jr pmvidc an existing policy from any insurer that i5 acceptable tn Lender. [f Bnrrower obtains the collateral protection insurance at Lundflr's Office, Borrower acknowledges that such insurance [1) may cost more than insurance that i5 available from another insurer, [2) wil! primarily pmtect Lender‘s interest in the collateral. and (3) doves nm prelcct Burruwur from claims by other pcrsnns. The insurer of'this coverage reserves no right ufsubrugation against the Borrower. Ogtiflnal Insurance: Credit life insurance, credit disability insurance, involuntary unemployment insurance, and any other insurance products that are not required by the above paragraph are optional t0 Borrower and are nut reguired in order to obtain credit. If Borrower desires voluntarily m purchase any of these optional insurance products, Borrower must sign belnw and In other required documents and will receive an insurance certificate or policy detailing the coverage terms and conditions that apply to the insurance. Borrower should refer tn the terms and conditions contained in the applicable insurance certificate or policy issued for the exact descriptinn of benefits and exclusions. Borrower is encouraged to inquire about coverage and refund provisions. If thc initial amount of cuvcrage far Credit life insurance set forth in Borrower’s insurance Certificate nr policy is equal tu the Total of Payments slated above. it may exceed the amount necessary to pay UffBormwer’s lmm at any given time. Any excess insurance coverage amount that may become payable will bu paid t0 the appropriate party a5 deaignaled in the insurance certificate 0r policy. Borrower's regular monthly loan payment if Borrower elects not to purchase insurance will be S 270 - 95 . Termination 0f Optional Insurance: Borrower may cancel any 01" the optimal insurance products obtainad at Lender's office at any time upon Borrower‘s written request For cancellation t0 Lender. [FBnrrnwer is in default under the terms oflhia agreement, Burrowcr has authorized Ihc insurer m tunninatc any andx‘ur all optional insurance products upon Borrower’s default. Ifthe Bm‘mwer cancels any optional product within the time specified in the imiurance certificate, typically 3U days from 0f thc Date: 0fthe Loan, by making a written request t0 Lender, together with returning the policy 0r certificate (1f insurance r0 Lender, Borrower is entitled t0 a full rafund ofpremium. After the specified Lime, the Borrower is entitled t0 a refund nf thc unearned portion oflhc premium. Upon termination nf‘any insurance for any reason, thc insurer will deliver the refund prremium, ifany, m the Lender. which will: (l) apply il Eu the Bnnnwar‘s outstanding loan balance; (2) issue a check for the refund t0 the Borrower; 0r (3] appiy it as may ha otherwise required by state law. Lender agrees tn pay tn Borrower any amOunt by which the refund received by Lender exceeds the outstanding loan balance. [J'we request the following insurance: Ciosur‘remium: Insurance Tmc: Inaurance Term [in Inna); 7% 5': /0 , 5/ A3 First/S 155 . 43 SINGLE CREDIT LIFE GU Drmwerns Efgnaturfi Date $ NONE $ NONE $ NONE Second Borrower‘s Signature Date S l , 036 . 2 0 SINGLE INVOL UNEMP ED TERMS: [n [his Disclmure Statement, Note and Security Agreement, [he word "Borrower" refers t0 the persons signing below as Borrower, whether 0r more. [f more than (me Bormwcr signs, each will be responsible, individually and together, t'nr all promises made and for repaymg the loan m full. The word ”Lender" refers t0 thc Lender, whose name and address are shown above? PROMISE TU PAY: In return for a loan [hat Borrower has received, Borrowar promises t0 pay to the order of Lcndfir the Principal amount shown above, plus interest on the unpaid Principal balance from the Date ChargcsBegin Shown above at the rate 0f interest 0f 3 3 , 2952 % per annum. Lender will compute interest on the unpaid Principal balance 0n a daily basis from the date charges begin until Borrower repays the 1oan. 1f Borrower does not make sufficient 0r timely payments according r0 the payment schedule above. Borrower will incur greattr interest charges on lhc loan. The monthly rate is lfl2th ofthc rate per annum, and the daily rate is UBUIh ot‘the monthly rate. Principal Amount is composed uf‘thc Amflunt Financed plus any points, escrowfi fee, if any‘ and administrative fee; ifany. Principal 21nd interest shaJl bc payable [r1 the monthly installments shown above beginning 0n the first payment date shown above and cogtinuing on th_c Same day in each thlluwing month until paid 111 full. Upon the final payment data, the entire outstanding balance of Principal and interest cwdenced by thls Disdusure Statement, Note and Security Agreement shall be due and payable. Any paymenfls) which Lander accepts after the final payment dale_ or the acceleration [herenfdn nut constitute a renewal or extension 0f this loan unless Lender so determines. Each payment will be applied first- lo Iptmresl cmnputcd t0 the date 0f" paymcnn with the remainder applied to Principal. Lender may collect interest from and after maturity upon the unpaid Prmmpal balance at the ran: ofinzerflst prevailing at the time nfmaturity under this Disclosure Siatemcm, Note and Security Agreement. Borrower's initials: é ?Z- (anT1HLI? 2&013 Original (Branch) Copy (Customer) Ffigclifi3 ARMANDO MUSTRALES MONTOYA .6970 10/04/2013 PREI’AYMENT: Bun'uwer may prepay this toan in whoie or in part at any timc without penal , nwever, upon paflial prepayment. interes-t will cuntinuu tu acuruc un any rumaining Principal balancu, Partial prepayment and the application 0f a Refund t0 the unpaid balance 0f the loan Will not affect the amount 0r due date ofsubscqucnt scheduled payments 0n the loan, but may reduce the numbcr ofsuch payments. SECURITY AGREEMENT: T0 protect Lender if Borruwcr defaults 0n [his loan, Benower gives i0 Lender a security interest under thc Unifonn Commercial Codi: in any property for which a descriptinn is compleled below and all parts and equipment now 0r later added t0 thc property and any proceeds of this pmperty, al] of which wiil bu called "Property". Sec below fur additional tcnns appliuahlc tn this secmity interest. 1. Mmor vehiclehnnhile home: Make. N0. Cylinders YearIModel Model No. Or Namc Body Type Identification Number 2. Other Pmpcrty: OWNERSHIP 0F PROPERTY: Bnrmwer represents that the Property is owned by Borrower free and clear 0f all Hens and encumbrances except those 0f which Barmwer has inibnned Lender in writing. Prior m any default, Borrower may keep and use the Property at Borrowcfis own risk, subject t0 the provisions 0f the Uniform Commercial Code. 1f the Property includes a mutur vehicle 0r a mobile homfl, Borrower will. upon request, deliver the certificate 0f title t0 thu motor vehicle 01' a mobile home tu Lander. USE OF PROPER’I'Y: Borrower will nut sell. lease, uncumbm’, 0r 0thflrwise diSpfise 0f the Property without Lender's prior written consent. Bnrrnwer wil] keep the Property at Bon'uwcr‘s addreaza (as shown on page 1} unless Lender has granted pennission in writing for the Property to be located ciscwhcre. The Property will be used only in the state in which Borrower lives unless thc Property is a motor vehicle, in which case it will be used nutside the state only in the murse of Borrnwar's manual use 0f the Property. Borrower will not use 0r permit the use UfIhe Property fur hire 0r for illegal purposes. TAXES AND FEES: Borrower wili pay all taxes, assessmenta, and nther fees payable 0n the Property, including, but nut limited t0 any fee required by a public official l0 record the satisfaction of this loan. andi’or the reconveyance of a Deed uf Trust, andi'm' the release of Lender's interest in the Property. If Borrower fails t0 pay such amounts, Lender may pay such amounts fur Borrower and the amounts paid by Lender will he added tn thc unpaid balance fifths loan. INSURANCE: If Borrower purchases any insurance at Lender’s ufficu, Bonnwar understands and acknowledges that {l} the inaurance company may bu: affiliated with Lenden (2) Lender‘s emplnycqfi) may be 'cm agent fnr the ingurance company, {3] such employeem] is not acting as the agent, broker (1r fiduciary fur Borrower on [111's loan, but may be the agent of the insurance company, and {4) Lcndcr or the ingurance company may reaiizc 3mm: benefit from [ha sale fifthat insurance. lfBorruwcr faiis tu obtain ur maintain any rflquirad insurance 0r fails Io designate an agent thmugh whom thfi insurance is m he nhtainedi Lender may purch ase such required inSurance for Borrower through an agent 0f Lender‘s choice, and the amounts paid by Lender will be added t0 the unpaid balance ofthe loan. 1fany refund ot‘unearned premium is paid to Lender upon termination of‘insuranca Lender will: (l) apply it m the eruwcr‘s outsmnding loan balance; {2} issue: a chuck fur the refund t0 the Borrower: 0r {3] apply il as may be otherwise required by state law. Any amount ()f‘such refund in excess fifthe nutstanding haIance 0fthis Note will be paid to the Borrower. FINANCING STATEMENTS: Borrower will sign alt financing statemenls, cuntinuation statements, security intercat filing statements, and 5imi]ar dnaumcnts with rcSpt-ct to rhc Property at Lender‘s. request. LATE CHARGES: {fan}; payment is mare than 10 days late, Bummer agrees t0 pay a Late Charge 0f $ 10 - DD RE’I‘URNED CHECK FEE: Lcndcr may charge a FCC OFS 15 . 00 for a check, negotiable order 0f withdrawal or sham draft that is returned for insufficient funds 0r insufficient credit. LOAN CHARGES: lr‘ a law that applies t0 this loan and that sets maximum loan charges, i5, finally interpreted so that the interest or other loan charges collected 0r tn he collected in connection with this loan exceed the permitted limits, then (i) any such loan charge will be reduced by the amount necessary [0 reduce the charge t0 the permitted limit, and (ii) any sums already collected From Borrowar that exceeded permitted limits will be refunded t0 Burruwur. Lcndur may chousu tn make this refund by reducing the principal owed under this loan 0r by making a direct payment ID Borrower. [fat refund reduces principal. the reduction witl hc trcalcd as a partial prepaymcnt withuut any prepayment charge, DEFAULT: Borrower will be in default if: 1. Borrower docs not make any scheduled payment 0n time; 27 Borrower is {0r any person puts Borrower) in bankruptcy, insolvency 0r receivership; 3. Any 0f Borrower's crfidimrs attempts h}; hegal process tn take and keep any property ofBurmwcr, including the Property securing this loan; 4. Borrower fails to fulfill any promise made under this agreement; or S, A default occurs. under any mortgage or dccd 0f trust un the Burmwflr's real property. If Borrower defaults. Lender may require Borrower t0 repay the entim unpaid Principal balance and any accrued interest at once. Lender‘s failure l0 exercise 0r delay in exercising any 0f its rights when default OCEurS does not constitute a waiver 0f those 0r any other rights under this agreement. H" this debt is referred for collation t0 an attorney who is not Lender's employee, Burrowar agrees, t0 pay reasonable attorney’s fees, court costs and fixpenscs QE'Cflliection, repossession, repair and sale on loans 0f an original principal amount 0f $10,0fifl 0r more to thc extent permitted by law. INTEREST AFTER DEFAULT OR JUDGMENT: After default and accclflralian 0f this contract‘ 0r after the final paymentd due (late 0r after judgment, Burruwur will pay interest un tllc unpaid balance from lime 10 time Outstanding at the Rate Uflntcresl provided in thus Dlsclosure Statement. Nutc and Suuurity Agreement. EFFECTS OF DEFAULT: {anrmwer Dcfaultsa Lender i5; authorized to terminate any Insurance purchased through the Lender's office and (1} apply it t0 the Borrower’s Outstanding lnan balance; {2) issue a check far the refund to the Borrower; 0r (3} apply it as may be otherwise required by state law. Bnn'nwer will also deliver the Property m Lender 0r. upon Lender’s demand, assemble the Property and make it available I0 Lender at a reasonably convenient place. Lender may, without previous notice m" demand and without legal process, peacefully Enter any piace where thc Propeny i5 located and rake possession of it. The dispogition (IF thc Property and the application of the proceeds from the disposition will be governed by the California Cummcrcial Code and other applicable State law, including, with respect to mobile homes. manufactured homes, truck campers, and floating homes subject m registration with the Department 0f Housing and Community Developmant, the Health and Safety Code. li' Borrower has left flther property in the repnssessed Properiy, Lender may hold such property temporarily for Borrower without any responsibility 0r liability for the property. LAW THAT APPLIES: California law and federal law, as applicable, govern this Disclnsure Statement, Note and Security Agreement. if any part i5 unenforceable, this will not make any other part unenforceable. 1n m) Event wiH Bnrmwer he required m pay interest 0r charges m excess 0f lhase pcnnittcd by law. OTHER RIGHTS: Lender may accept payments after maturity 0r after a defauit without waiving its rights with respgct to any subsequent default in payment. Borrower agrccs that Lender may extend lime for payment after maturity without notice. The terms ot‘ thus agreement can bl: wmved or changed (mly in a writing signed by Lender. Wherfi the cuntcxt rcquircsfi singular words may he read in the plural and plural words in the Singular, and references I10 the masculine gender may be read [u apply to thc feminine gender. OTHER TERMS: Each Bmmwer under this Disclusm'e Statement, Note and Security Agreement, if mare than one, agraes that Lender may obtai-n approval f‘rnm one Borrower t0 change the repayment terms and release any Property securing the loan. or add panies to or rclcasa parties fmm [?_11‘5 agreement. without notice t0 any other Borrower and withnut releasing any other Borrower from his responsibilities; Lender does not have m nomy Burmwcr before instituting suit H'thc nntc is not paid, and Lender can sue any 0r all Borrowers upon default by any Borrower. Bnrmwer's Initials: éM CA 2?11fi-17 2.32013 Original (Branch) Copy (Customer) PageZ 01‘3 ARMANDO MUSTRALES MONTOYA . .697”) 10f04f2013 Burmww, mdmscrs. surctiCS and guaranmra. t0 the extent permitted by law, jointly and severally waive notice uf aucvsplance, presentment, demand. protest notice Gt extension 3nd notice 0f nonpaynmnr and agrees that Lender may renew extend modify. release 0r discharge Borrower 0r otherwise settle nr cnmpmmisc Borrowcr's obligatlun t0 LLndcr 0r extand additional credit t0 Burroww 0r accept rhE: 1th 0r partial payments 0f Burnawcra. uhligatiun tu Lender 0r release, exchange substitute, or take additional collateral 0r wawe any 0f Borrower's default ur delay in enforcing Lander' s righh‘. in [he evenl 0f any default by Borrower without releasing, ur impairing the Deed o1 Trust 0r other security agrccment given w Lender by thc Burruwur. endursers, surelies and guarantors. This Disclosure Statement. Note and Security Agreement shall be the joint and several Ubligatinn nfall makers, surcties, guarantors and undorsers and shall bc binding upnn them, [heir heirs, successors, legal rcprascntatives and assigns. Ifany part 0fthe Disclosure Statement, Note and Security Agrccmcntand thc accompanyingllemizationofAmount Financed and Arbitration Agreement is ununt‘urccablc, this wiH not make any other part unenferceable. REFINANCING: The overall cost 0f refinancing an Existing loan balance may be greater than the cost nf kaeping the existing loan and obtaining a second 1min fur any additional funds Burrowar wishes t0 borrow. AUTHORIZATION TO USE CREDIT REPORT: By signing bclowT Bormwer authnrizes Lender t0 obtain. review and use informatien cuntained in the Bm'mwcr's credit report in order m dctcrmine whether the Borrower may qualify for prnducts and services offered by Lender. This authorization tcnninatcs when Burruwcr‘s. outstanding balance due under this Disclflsure Statement, Note and Security Agreement i5 paid in full. Borrower may cancel such authorizalinn at any time by writing the following: Transaction Processing, 300 St. Paui Place, BSPISA, Baltimore, MD 21202. In ornitr u) process Borrower's request, [..undcr must ht: provided Borrower‘s full name, address, social security number and auscunt number. ARBITRATION. Borrower, Non-Obligor(s) {if any) and Lender have Entered into a separate Arbitratinn Agreement on this date, the terms 0f which are incorporated and made a part 0f this Disclosure Statement, Note and Security Agreement by this refarence. Thu: tbllowing notice applies only ifthis box is checked. D NOTICE ANY HOLDER 0F THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH TI-IE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS 0R SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. FOR INFORMATION CONTACT THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA. THIS LOAN IS MADE PURSUANT TU THE CAL-lFORNiA FINANCE LENDERS LAW. DIVISION 9 OF THE CALIFORNIA FINANCIAL CODEfi EXCEPT AS MAY BE. PREEMPTED BY FEDERAL LAW. l IN'I‘END 'I'O USE THE PROCEEDS OF THIS LOAN PRIMARILY FOR PERSONAL, FAMILY 0R HOUSEHOLD USE. By signing below, Borrower agrees to lhe terms contained herein, acknowledges receipt of a copy of this Disclosure Statumunt, Note and Security Agreement and the accnmpanying Itemization 0f Amount Financed and Arbitration Agreament, and authorizes the disbumcments stated Therein. WITNESSES: SIGNED: /M {Sea}; ARMED MUSTRALES MONTOYA Borrower (Seal) Borrower [Sea]: 301‘me 0W M WIN FMCIAL ENC.flW/X/fi By(Mm ??%mW W V / Q ' (Name?and Title) 10f04f2013 13. 13. 13 SECURITY INTER ST OF NONOBLIGOR: Barrower only i5 personally liable for payment 0t the 10311. Nonnhligor Is liable and hound by all Other tcnns. conditiuna covenants. and agremnents cantained in this: Disclosure Statcmunt, Nun: and Security Agreement, including but not limited to [he right and pmwar 0t" Lender t0 repossess and sell the Property securing this ioan, in the fivenl nf default by Bormwcr in payment oftlns loan? (Seat) (Seal) Signature Date Signature Dale CA zflln-l? 2,2013 Original (Branch) Copy (Customer) Page30f3 EXHIBIT B LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments Date: l/Ol/Ol Time: Csr: Pay: Transacting Branch: ** THE BELOW TRANSACTION HISTORY HAS BEEN LOADED FROM ONEMAIN BRANCH & ACCOUNT:-2035 Date: 10/04/13 Time: 1:00 Csr: MP Pay: Transacting Branch: LPC ; Loan Proceeds Check ; TranCode : LPC ; TranDesc : LOAN PROCEEDS CHECK ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; EffectiveDateOfTransaction : 10/04/13 ; PostingBranchNumber : 050029 ; TotalAmount : 453.00 ; TransactionDate : 10/04/13 ; Userid : B3300l84 ; Date: 10/04/13 Time: 2:00 Csr: MP Pay: Transacting Branch: LPC ; Loan Proceeds Check ; TranCode : LPC ; TranDesc : LOAN PROCEEDS CHECK ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; EffectiveDateOfTransaction : 10/04/13 ; PostingBranchNumber : 050029 ; TotalAmount : 1360.00 ; TransactionDate : 10/04/13 ; Userid : B3300184 ; Date: 10/04/13 Time: 3:00 Csr: MP Pay: Transacting Branch: LPC ; Loan Proceeds Check ; TranCode : LPC ; TranDesc : LOAN PROCEEDS CHECK ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; EffectiveDateOfTransaction : 10/04/13 ; PostingBranchNumber : 050029 ; TotalAmount : 254.00 ; TransactionDate : 10/04/13 ; Userid : B3300184 ; Date: 10/04/13 Time: 4:00 Csr: MP Pay: Transacting Branch: LPC ; Loan Proceeds Check ; TranCode : LPC ; TranDesc : LOAN PROCEEDS CHECK ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; EffectiveDateOfTransaction : 10/04/13 ; PostingBranchNumber : 050029 ; TotalAmount : 5433.04 ; TransactionDate : 10/04/13 ; Userid : B3300l84 ; Date: 11/01/13 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 9065.47 ; EffectiveDateOfTransaction : 11/04/13 ; FormOfPayment : NC ; InterestAmountCollected : 253.22 ; InterestPaidToDate : 11/04/13 ; LateChargePaidToDate : 12/04/13 ; MonthPaidToDate : 12/04/13 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 60.78 ; TotalAmount : 314.00 ; TransactionDate : 11/01/13 ; Userid : ACTIONAP ; Date: 12/04/13 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 9003.00 ; EffectiveDateOfTransaction : 12/04/13 ; FormOfPayment : NC ; InterestAmountCollected : 251.53 ; InterestPaidToDate : 12/04/13 ; LateChargePaidToDate : 01/04/14 ; MonthPaidToDate : 01/04/14 ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 62.47 ; TotalAmount : 314.00 TransactionDate : 12/04/13 ; Userid : ACTIONAP o I c I Date: 1/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8938.80 EffectiveDateOfTransaction : 01/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 249.80 ; InterestPaidToDate : 01/04/14 ; LateChargePaidToDate : 02/04/14 ; MonthPaidToDate : 02/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 64.20 ; TotalAmount : 314.00 TransactionDate : 01/04/14 ; Userid : ACTIONAP o I a I o I Date: 1/18/14 Time: 1:00 Csr: Pay: Transacting Branch: ADR ; Previous Address ; TranCode : ADR ; TranDesc : PREVIOUS ADDRESS ; BorAddressLinelPrev : 249 SAN LUIS AVE APT 5 ; BorCityPrev : SAN BRUNO ; BorStatePrev : CA ; ZipPrev : 94066-5536 ; Userid : ACTIONAP ; Date: 1/18/14 Time: 2:00 Csr: Pay: Transacting Branch: AD2 ; Previous Address ; TranCode : AD2 ; TranDesc : PREVIOUS ADDRESS ; BorAddressLinelPrev : 249 SAN LUIS AVE ; BorAddressLineZPrev : APT 5 ; BorCityPrev : SAN BRUNO ; BorFirstNamePrev : ARMANDO ; BorLastNamePaternalPrev : MONTOYA ; BorStatePrev : CA ; Userid : ACTIONAP cI Date: 2/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8872.81 ; EffectiveDateOfTransaction : 02/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 248.01 ; InterestPaidToDate : 02/04/14 LateChargePaidToDate : 03/04/14 ; MonthPaidToDate : 03/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 65.99 ; TotalAmount : 314.00 TransactionDate : 02/04/14 ; Userid : ACTIONAP a I a I o I Date: 3/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8804.99 ; EffectiveDateOfTransaction : 03/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 246.18 ; InterestPaidToDate : 03/04/14 ; LateChargePaidToDate : 04/04/14 ; MonthPaidToDate : 04/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 67.82 ; TotalAmount : 314.00 TransactionDate : 03/04/14 ; Userid : ACTIONAP o I c I a I LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments Date: 4/03/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8735.29 ; EffectiveDateOfTransaction : 04/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 244.30 ; InterestPaidToDate : 04/04/14 LateChargePaidToDate : 05/04/14 ; MonthPaidToDate : 05/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 69.70 ; TotalAmount : 314.00 TransactionDate : 04/03/14 ; Userid : ACTIONAP c I o I c I a I Date: 5/03/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8663.66 ; EffectiveDateOfTransaction : 05/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 242.37 ; InterestPaidToDate : 05/04/14 LateChargePaidToDate : 06/04/14 ; MonthPaidToDate : 06/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 71.63 ; TotalAmount : 314.00 TransactionDate : 05/03/14 ; Userid : ACTIONAP o I a I o I c I Date: 6/03/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8590.04 ; EffectiveDateOfTransaction : 06/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 240.38 ; InterestPaidToDate : 06/04/14 LateChargePaidToDate : 07/04/14 ; MonthPaidToDate : 07/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 73.62 ; TotalAmount : 314.00 TransactionDate : 06/03/14 ; Userid : ACTIONAP a I c I a I o I Date: 7/03/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8514.38 EffectiveDateOfTransaction : 07/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 238.34 ; InterestPaidToDate : 07/04/14 LateChargePaidToDate : 08/04/14 ; MonthPaidToDate : 08/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 75.66 ; TotalAmount : 314.00 TransactionDate : 07/03/14 ; Userid : ACTIONAP c I a I c I o I c I a I Date: 8/02/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8436.62 ; EffectiveDateOfTransaction : 08/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 236.24 ; InterestPaidToDate : 08/04/14 oI LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments LateChargePaidToDate : 09/04/14 ; MonthPaidToDate : 09/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 77.76 ; TotalAmount : 314.00 TransactionDate : 08/02/14 ; Userid : ACTIONAP c I a I Date: 9/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8356.70 ; EffectiveDateOfTransaction : 09/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 234.08 ; InterestPaidToDate : 09/04/14 ; LateChargePaidToDate : 10/04/14 ; MonthPaidToDate : 10/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 79.92 ; TotalAmount : 314.00 TransactionDate : 09/04/14 ; Userid : ACTIONAP o I c I Date: 10/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8274.56 ; EffectiveDateOfTransaction : 10/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 231.86 ; InterestPaidToDate : 10/04/14 LateChargePaidToDate : 11/04/14 ; MonthPaidToDate : 11/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 82.14 ; TotalAmount : 314.00 TransactionDate : 10/04/14 ; Userid : ACTIONAP a I c I a I o I Date: 11/03/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8190.14 ; EffectiveDateOfTransaction : 11/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 229.58 ; InterestPaidToDate : 11/04/14 LateChargePaidToDate : 12/04/14 ; MonthPaidToDate : 12/04/14 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 84.42 ; TotalAmount : 314.00 TransactionDate : 11/03/14 ; Userid : ACTIONAP c I o I c I a I Date: 12/04/14 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8103.38 ; EffectiveDateOfTransaction : 12/04/14 ; FormOfPayment : NC ; InterestAmountCollected : 227.24 ; InterestPaidToDate : 12/04/14 LateChargePaidToDate : 01/04/15 ; MonthPaidToDate : 01/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 86.76 ; TotalAmount : 314.00 TransactionDate : 12/04/14 ; Userid : ACTIONAP o I a I o I c I Date: 1/03/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 8014.22 EffectiveDateOfTransaction : 01/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 224.84 ; InterestPaidToDate : 01/04/15 LateChargePaidToDate : 02/04/15 ; MonthPaidToDate : 02/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 89.16 ; TotalAmount : 314.00 TransactionDate : 01/03/15 ; Userid : ACTIONAP ; a I c I o I c I Date: 2/01/15 Time: 1:00 Csr: Pay: Transacting Branch: CCl ; Corp Code Update ; TranCode : CCl ; TranDesc : CORP CODE UPDATE FromCorpCode : 103 ; ToCorpCode : 803 ; TransactionDate : 02/01/15 Userid : ACTIONAP ; o I c I Date: 2/03/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 7922.58 ; EffectiveDateOfTransaction : 02/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 222.36 ; InterestPaidToDate : 02/04/15 LateChargePaidToDate : 03/04/15 ; MonthPaidToDate : 03/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 91.64 ; TotalAmount : 314.00 TransactionDate : 02/03/15 ; Userid : ACTIONAP ; o I a I o I Date: 3/04/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 7828.40 ; EffectiveDateOfTransaction : 03/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 219.82 ; InterestPaidToDate : 03/04/15 LateChargePaidToDate : 04/04/15 ; MonthPaidToDate : 04/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 94.18 ; TotalAmount : 314.00 TransactionDate : 03/04/15 ; Userid : ACTIONAP ; a I c I a I Date: 4/03/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 7731.61 ; EffectiveDateOfTransaction : 04/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 217.21 ; InterestPaidToDate : 04/04/15 LateChargePaidToDate : 05/04/15 ; MonthPaidToDate : 05/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 96.79 ; TotalAmount : 314.00 TransactionDate : 04/03/15 ; Userid : ACTIONAP ; c I o I c I Date: 4/09/15 Time: 1:00 Csr: MP Pay: Transacting Branch: ADR ; Previous Address ; TranCode : ADR ; TranDesc : PREVIOUS ADDRESS oI LCO Tot BorA BorN Cobo Date: AD2 BorAddressLinelPrev BorCityPrev : SAN BRUNO ; BorFirstNamePrev ARMANDO ; BorLastNamePaternalPrev MONTOYA ; BorStatePrev CA ; Userid : B3300184 Date: 5/04/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode EPT ; TranDesc ELECTRONIC PAYMENT O9OD 1301 Regular Pmt Int/Chgs Prin ddreSSLinelPrev : 249 SAN LUIS AVE APT 5 Transaction History 5/19/18 Loan Register #z Balance T Date A PD To Comments amePrev : ARMANDO MONTOYA ; BorSpouseNamePrev ; UseridrLangIndl : O ; ZipPrev 4/09/15 Time: 2:00 ; Previous Address ; TranCode BranchNumber : 67090912 ; EffectiveDateOfTransaction InterestAmountCollected LateChargePaidToDate Csr: 94066-5536 MP AD2 ; 249 SAN LUIS AVE ; Pay: TranDesc BorAddressLineZPrev : APT 5 ; CashDrawerNumber 214.52 ; NewRate : 33.2952 ; PostedAs : A ; PrincipalAmountCollected . 99.48 ; TotalAmount TransactionDate 05/04/15 ; Userid ACTIONAP ; Date: 6/03/15 Time: 1:00 Csr: Pay: EPT ; Electronic Payment ; TranCode EPT ; TranDesc BranchNumber : 67090912 ; EffectiveDateOfTransaction InterestAmountCollected LateChargePaidToDate L ; CurrentBalance 05/04/15 ; FormOfPayment : NC ; ; BorCityPrev : SAN BRUNO ; NONE ; BorStatePrev B3300184 ; Transacting Branch: PREVIOUS ADDRESS ; InterestPaidToDate : 05/04/15 ; 06/04/15 ; MonthPaidToDate 06/04/15 ; PostingBranchNumber : 050029 ; CashDrawerNumber 211.76 ; NewRate : 33.2952 ; PostedAs : A ; PrincipalAmountCollected . 102.24 ; TotalAmount TransactionDate 06/03/15 ; Userid ACTIONAP ; Date: 7/04/15 Time: 1:00 Csr: Pay: EPT ; Electronic Payment ; TranCode EPT ; TranDesc BranchNumber : 67090912 ; EffectiveDateOfTransaction InterestAmountCollected LateChargePaidToDate : 08/ NewRate : 33.2952 ; PostedAs : A ; PrincipalAmountCollected TransactionDate : 07/04/15 Date: EPT ; 8/03/15 Time: l Electronic Payment ; BranchNumber : 67090912 ; EffectiveDateOfTransaction InterestAmountCollected L ; CurrentBalance 06/04/15 ; FormOfPayment : NC ; 314.00 ; Transacting Branch: ELECTRONIC PAYMENT 7529.89 InterestPaidToDate : 06/04/15 ; 07/04/15 ; MonthPaidToDate 07/04/15 ; PostingBranchNumber : 050029 ; CashDrawerNumber . 07/04/ 208.92 ; 105.08 ; ; Userid :OO Csr: TranCode L ; CurrentBalance 314.00 ; Transacting Branch: ELECTRONIC PAYMENT 7424.81 l5 ; FormOfPayment : NC ; InterestPaidToDate : 07/04/15 ; 04/15 ; MonthPaidToDate 08/04/15 ; PostingBranchNumber : 050029 ; TotalAmount ACTIONAP ; EPT Pay: o I CashDrawerNumber . 08/04/ 206.01 ; TranDesc 314.00 ; Transacting Branch: ELECTRONIC PAYMENT L ; CurrentBalance : 7316.82 15 ; FormOfPayment : NC ; InterestPaidToDate : 08/04/15 ; 7632.13 4951 CA ; a I o I c I a I o I c I a I o I c I LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments LateChargePaidToDate : 09/04/15 ; MonthPaidToDate : 09/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 107.99 ; TotalAmount : 314.00 TransactionDate : 08/03/15 ; Userid : ACTIONAP c I a I Date: 9/04/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 7205.83 ; EffectiveDateOfTransaction : 09/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 203.01 ; InterestPaidToDate : 09/04/15 ; LateChargePaidToDate : 10/04/15 ; MonthPaidToDate : 10/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 110.99 ; TotalAmount : 314.00 TransactionDate : 09/04/15 ; Userid : ACTIONAP o I c I Date: 10/02/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 7091.76 ; EffectiveDateOfTransaction : 10/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 199.93 ; InterestPaidToDate : 10/04/15 ; LateChargePaidToDate : 11/04/15 ; MonthPaidToDate : 11/04/15 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 114.07 ; TotalAmount : 314.00 TransactionDate : 10/02/15 ; Userid : ACTIONAP a I o I Date: 11/04/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 6974.53 ; EffectiveDateOfTransaction : 11/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 196.77 ; InterestPaidToDate : 11/04/15 ; LateChargePaidToDate : 12/04/15 ; MonthPaidToDate : 12/04/15 NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 117.23 ; TotalAmount : 314.00 TransactionDate : 11/04/15 ; Userid : ACTIONAP a I c I a I Date: 11/15/15 Time: 1:00 Csr: Pay: Transacting Branch: CCl ; Corp Code Update ; TranCode : CCl ; TranDesc : CORP CODE UPDATE ; FromCorpCode : 803 ; ToCorpCode : 901 ; TransactionDate : 11/15/15 Userid : ACTIONAP ; c I Date: 12/04/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 6854.05 ; EffectiveDateOfTransaction : 12/04/15 ; FormOfPayment : NC ; InterestAmountCollected : 193.52 ; InterestPaidToDate : 12/04/15 ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments LateChargePaidToDate : 01/04/16 ; MonthPaidToDate : 01/04/16 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 120.48 ; TotalAmount : 314.00 TransactionDate : 12/04/15 ; Userid : ACTIONAP ; o I c I Date: 12/31/15 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : L ; CurrentBalance : 6730.22 ; EffectiveDateOfTransaction : 01/04/16 ; FormOfPayment : NC ; InterestAmountCollected : 190.17 ; InterestPaidToDate : 01/04/16 LateChargePaidToDate : 02/04/16 ; MonthPaidToDate : 02/04/16 ; NewRate : 33.2952 ; PostedAs : A ; PostingBranchNumber : 050029 PrincipalAmountCollected : 123.83 ; TotalAmount : 314.00 TransactionDate : 12/31/15 ; Userid : ACTIONAP ; o I a I o I Date: 1/08/16 Time: 1:00 Csr: Pay: Transacting Branch: PHR ; Electronic Payment ; TranCode : PHR ; TranDesc : ELECTRONIC PAYMENT ; BranchNumber : 67090912 ; CashDrawerNumber : E ; CurrentBalance : 6854.05 ; EffectiveDateOfTransaction : 01/08/16 ; FormOfPayment : NC ; InterestAmountCollected : - 190.17 ; InterestPaidToDate : 12/04/15 LateChargePaidToDate : 01/04/16 ; MonthPaidToDate : 01/04/16 ; PastDueAmount : 314.00 ; PostedAs : A ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : - 123.83 ; TotalAmount : - 314.00 TransactionDate : Ol/O8/l6 ; Userid : ACTIONAP ; a I a I Date: 1/08/16 Time: 2:00 Csr: GD Pay: Transacting Branch: NFE ; NSF Fee Add-on ; TranCode : NFE ; TranDesc : NSF FEE ADD-ON ; AccountingCode : INC86 ; BranchNumber : 67090912 ; CashDrawerNumber : l CurrentBalance : 6869.05 ; EffectiveDateOfTransaction : Ol/O8/l6 InterestPaidToDate : 12/04/15 ; LateChargePaidToDate : 01/04/16 MonthPaidToDate : 01/04/16 ; PastDueAmount : 314.00 ; PostingBranchNumber : 050029 ; TotalAmount : 15.00 ; TransactionAmount : 15.00 ; TransactionDate : 01/08/16 ; Userid : B2090776 ; o I c I Date: 1/15/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 01/15/16 ; Date: 2/01/16 Time: 1:00 Csr: GD Pay: Transacting Branch: PSl ; Payoff Inquiry ; TranCode : PSl ; TranDesc : PAYOFF INQUIRY BranchNumber : 67090912 ; EffectiveDateOfTransaction : 02/01/16 PostingBranchNumber : 050029 ; TotalAmount : 6710.88 ; TransactionDate : 02/01/16 ; TypeOfTransaction : PSl ; Userid : B2090776 c I a I c I Date: 2/04/16 Time: 1:00 Csr: Pay: Transacting Branch: EPT ; Electronic Payment ; TranCode : EPT ; TranDesc : ELECTRONIC PAYMENT aI LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments AmountStillDue : 10.00 ; BranchNumber : 67090912 ; CashDrawerNumber : L CurrentBalance : 6869.05 ; EffectiveDateOfTransaction : 02/04/16 FormOfPayment : NC ; InterestAmountCollected : 304.00 ; InterestPaidToDate : 01/22/16 ; LateChargeCollected : 10.00 ; LateChargePaidToDate : 03/04/16 ; MonthPaidToDate : 02/04/16 ; NewRate : 33.2952 ; PartialDaysInterestDue : 0.27 ; PastDueAmount : 324.00 PostedAs : A ; PostingBranchNumber : 050029 ; TotalAmount : 314.00 TransactionDate : 02/04/16 ; Userid : ACTIONAP ; a I o I c I a I Date: 2/10/16 Time: 1:00 Csr: Pay: Transacting Branch: PHR ; Electronic Payment ; TranCode : PHR ; TranDesc : ELECTRONIC PAYMENT BranchNumber : 67090912 ; CashDrawerNumber : E ; CurrentBalance : 6869.05 EffectiveDateOfTransaction : 02/10/16 ; FormOfPayment : NC ; InterestAmountCollected : - 304.00 ; InterestPaidToDate : 12/04/15 LateChargeCollected : - 10.00 ; LateChargePaidToDate : 01/04/16 MonthPaidToDate : 01/04/16 ; PastDueAmount : 628.00 ; PostedAs : A PostingBranchNumber : 050029 ; TotalAmount : - 314.00 TransactionDate : 02/10/16 ; Userid : ACTIONAP ; c I a I C I a I o I c I Date: 2/10/16 Time: 2:00 Csr: GD Pay: Transacting Branch: NFE ; NSF Fee Add-on ; TranCode : NFE ; TranDesc : NSF FEE ADD-ON ; AccountingCode : INC86 ; BranchNumber : 67090912 ; CashDrawerNumber : 1 CurrentBalance : 6884.05 ; EffectiveDateOfTransaction : 02/10/16 InterestPaidToDate : 12/04/15 ; LateChargePaidToDate : 01/04/16 MonthPaidToDate : 01/04/16 ; PastDueAmount : 628.00 ; PostingBranchNumber : 050029 ; TotalAmount : 15.00 ; TransactionAmount : 15.00 ; TransactionDate : 02/10/16 ; Userid : B2090776 a I o I o I Date: 2/15/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 02/15/16 ; Date: 2/22/16 Time: 1:00 Csr: GD Pay: C Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 10.00 BranchNumber : 67090912 ; CashDrawerNumber : 1 ; CurrentBalance : 6884.05 EffectiveDateOfTransaction : 02/22/16 ; FormOfPayment : MO ; InterestAmountCollected : 304.00 ; InterestPaidToDate : 01/22/16 LateChargeCollected : 20.00 ; LateChargePaidToDate : 03/04/16 ; MonthPaidToDate : 02/04/16 ; NewRate : 33.2952 ; PartialDaysInterestDue : 0.27 ; PastDueAmount : 324.00 ; PostedAs : C ; PostingBranchNumber : 050029 ; TotalAmount : 324.00 TransactionDate : 02/22/16 ; Userid : B2090776 ; o I c I o I c I Date: 3/14/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED oI LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments TotalAmount : 10.00 ; TransactionDate : 03/14/16 ; Date: 3/15/16 Time: 1:00 Csr: GD Pay: Transacting Branch: PSl ; Payoff Inquiry ; TranCode : PSl ; TranDesc : PAYOFF INQUIRY ; BranchNumber : 67090912 ; EffectiveDateOfTransaction : 02/01/16 ; PostingBranchNumber : 050029 ; TotalAmount : 6411.88 ; TransactionDate : 03/15/16 ; TypeOfTransaction : PSl ; Userid : B2090776 ; Date: 3/15/16 Time: 2:00 Csr: GD Pay: Transacting Branch: PSl ; Payoff Inquiry ; TranCode : PSl ; TranDesc : PAYOFF INQUIRY ; BranchNumber : 67090912 ; EffectiveDateOfTransaction : 03/15/16 ; PostingBranchNumber : 050029 ; TotalAmount : 6718.53 ; TransactionDate : 03/15/16 ; TypeOfTransaction : PSl ; Userid : B2090776 ; Date: 3/23/16 Time: 1:00 Csr: GD Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 310.00 ; BranchNumber : 67090912 ; CashDrawerNumber : l ; CurrentBalance : 6884.05 ; EffectiveDateOfTransaction : 03/23/16 ; FormOfPayment : MO ; InterestAmountCollected : 328.00 ; InterestPaidToDate : 03/14/16 ; LateChargeCollected : 10.00 ; LateChargePaidToDate : 04/04/16 ; MonthPaidToDate : 03/04/16 ; NewRate : 33.2952 ; PartialDaysInterestDue : 1.90 ; PastDueAmount : 310.00 ; PostedAs : M ; PostingBranchNumber : 050029 ; TotalAmount : 338.00 ; TransactionDate : 03/23/16 ; Userid : B2090776 ; Date: 4/04/16 Time: 1:00 Csr: GD Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 309.00 ; BranchNumber : 67090912 ; CashDrawerNumber : l ; CurrentBalance : 6697.73 ; EffectiveDateOfTransaction : 04/04/16 ; FormOfPayment : CK ; InterestAmountCollected : 128.68 ; InterestPaidToDate : 04/04/16 ; LateChargePaidToDate : 05/04/16 ; MonthPaidToDate : 04/04/16 ; NewRate : 33.2952 ; PastDueAmount : 309.00 ; PostedAs : M ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 186.32 ; TotalAmount : 315.00 ; TransactionDate : 04/04/16 ; Userid : B2090776 ; Date: 4/20/16 Time: 1:00 Csr: ZM Pay: C Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 308.00 ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; CurrentBalance : 6481.40 ; EffectiveDateOfTransaction : 04/20/16 ; FormOfPayment : CK ; InterestAmountCollected : 98.67 ; InterestPaidToDate : 04/20/16 ; LateChargePaidToDate : 05/04/16 ; MonthPaidToDate : 05/04/16 ; NewRate : 33.2952 ; PostedAs : C ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 216.33 ; TotalAmount : 315.00 ; TransactionDate : 04/20/16 ; Userid : B3305796 ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments Date: 5/14/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 05/14/16 ; Date: 6/08/16 Time: 1:00 Csr: GD Pay: Transacting Branch: PS3 ; Payoff Inquiry ; TranCode : PS3 ; TranDesc : PAYOFF INQUIRY ; BranchNumber : 67090912 ; EffectiveDateOfTransaction : 06/08/16 ; PostingBranchNumber : 050029 ; TotalAmount : 6318.92 ; TransactionDate : 06/08/16 ; TypeOfTransaction : P83 ; Userid : B2090776 ; Date: 6/13/16 Time: 1:00 Csr: GD Pay: C Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 307.00 ; BranchNumber : 67090912 ; CashDrawerNumber : l ; CurrentBalance : 6481.40 ; EffectiveDateOfTransaction : 06/13/16 ; FormOfPayment : MO ; InterestAmountCollected : 315.00 ; InterestPaidToDate : 06/13/16 ; LateChargeCollected : 10.00 ; LateChargePaidToDate : 07/04/16 ; MonthPaidToDate : 06/04/16 ; NewRate : 33.2952 ; PartialDaysInterestDue : 1.23 ; PastDueAmount : 307.00 ; PostedAs : C ; PostingBranchNumber : 050029 ; TotalAmount : 325.00 ; TransactionDate : 06/13/16 ; Userid : B2090776 ; Date: 7/14/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 07/14/16 ; Date: 7/25/16 Time: 1:00 Csr: GD Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 307.00 ; BranchNumber : 67090912 ; CashDrawerNumber : 1 ; CurrentBalance : 6419.23 ; EffectiveDateOfTransaction : 07/25/16 ; FormOfPayment : CK ; InterestAmountCollected : 251.83 ; InterestPaidToDate : 07/25/16 ; LateChargeCollected : 10.00 ; LateChargePaidToDate : 08/04/16 ; MonthPaidToDate : 07/04/16 ; NewRate : 33.2952 ; PastDueAmount : 307.00 ; PostedAs : M ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 62.17 ; TotalAmount : 324.00 ; TransactionDate : 07/25/16 ; Userid : B2090776 ; Date: 8/15/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 08/15/16 ; Date: 8/16/16 Time: 1:00 Csr: GD Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 310.00 ; BranchNumber : 67090912 ; CashDrawerNumber : l ; CurrentBalance : 6232.32 ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments EffectiveDateOfTransaction : 08/16/16 ; FormOfPayment : CK ; InterestAmountCollected : 124.09 ; InterestPaidToDate : 08/16/16 LateChargeCollected : 10.00 ; LateChargePaidToDate : 09/04/16 MonthPaidToDate : 08/04/16 ; NewRate : 33.2952 PostedAs : M ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 186.91 ; TotalAmount : 321.00 TransactionDate : 08/16/16 ; Userid : B2090776 ; o I c I ; PastDueAmount : 310.00 ; c I Date: 9/06/16 Time: 1:00 Csr: GD Pay: Transacting Branch: PS3 ; Payoff Inquiry ; TranCode : PS3 ; TranDesc : PAYOFF INQUIRY BranchNumber : 67090912 ; EffectiveDateOfTransaction : 09/06/16 PostingBranchNumber : 050029 ; TotalAmount : 5940.51 ; TransactionDate : 09/06/16 ; TypeOfTransaction : P83 ; Userid : B2090776 o I c I o I Date: 9/06/16 Time: 2:00 Csr: GD Pay: Transacting Branch: PS3 ; Payoff Inquiry ; TranCode : PS3 ; TranDesc : PAYOFF INQUIRY BranchNumber : 67090912 ; EffectiveDateOfTransaction : 09/06/16 PostingBranchNumber : 050029 ; TotalAmount : 5940.51 ; TransactionDate : 09/06/16 ; TypeOfTransaction : PS3 ; Userid : B2090776 c I a I c I Date: 9/06/16 Time: 3:00 Csr: GD Pay: Transacting Branch: PS3 ; Payoff Inquiry ; TranCode : PS3 ; TranDesc : PAYOFF INQUIRY BranchNumber : 67090912 ; EffectiveDateOfTransaction : 09/06/16 PostingBranchNumber : 050029 ; TotalAmount : 5940.51 ; TransactionDate : 09/06/16 ; TypeOfTransaction : PS3 ; Userid : B2090776 a I o I a I Date: 9/14/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 09/14/16 ; Date: 9/26/16 Time: 1:00 Csr: ZM Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 304.00 ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; CurrentBalance : 6141.77 ; EffectiveDateOfTransaction : 09/26/16 ; FormOfPayment : CK ; InterestAmountCollected : 229.45 ; InterestPaidToDate : 09/26/16 LateChargeCollected : 10.00 ; LateChargePaidToDate : 10/04/16 ; MonthPaidToDate : 09/04/16 ; NewRate : 33.2952 ; PastDueAmount : 304.00 PostedAs : M ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 90.55 ; TotalAmount : 330.00 TransactionDate : 09/26/16 ; Userid : B3305796 ; Date: 10/15/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED TotalAmount : 10.00 ; TransactionDate : 10/15/16 ; a I LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments Date: 10/31/16 Time: 1:00 Csr: ZM Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 303.00 ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; CurrentBalance : 6018.96 ; EffectiveDateOfTransaction : 10/31/16 ; FormOfPayment : CK ; InterestAmountCollected : 192.19 ; InterestPaidToDate : 10/30/16 ; LateChargeCollected : 10.00 ; LateChargePaidToDate : 11/04/16 ; MonthPaidToDate : 10/04/16 ; NewRate : 33.2952 ; PastDueAmount : 303.00 ; PostedAs : M ; PostingBranchNumber : 050029 ; PrincipalAmountCollected : 122.81 ; TotalAmount : 325.00 ; TransactionDate : 10/31/16 ; Userid : B3305796 ; Date: 11/15/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 11/15/16 ; Date: 12/14/16 Time: 1:00 Csr: Pay: Transacting Branch: LTC ; Late Charge Assessed ; TranCode : LTC ; TranDesc : LATE CHARGE ASSESSED ; TotalAmount : 10.00 ; TransactionDate : 12/14/16 ; Date: 1/01/17 Time: 1:00 Csr: Pay: Transacting Branch: TRO ; Transfer Out ; TranCode : TRO ; TranDesc : TRANSFER OUT ; BranchNumber : 67090912 ; CurrentBalance : 6018.96 ; EffectiveDateOfTransaction : 01/01/17 ; InterestPaidToDate : 10/30/16 ; LateChargePaidToDate : 11/04/16 ; OldNewStateAndBranch : 090912 ; TransactionDate : 01/01/17 ; Userid : ACTIONAP ; Date: 1/01/17 Time: 2:00 Csr: Pay: Transacting Branch: TRI ; Transfer In ; TranCode : TRI ; TranDesc : TRANSFER IN ; BranchNumber : 67090912 ; CurrentBalance : 6018.96 ; EffectiveDateOfTransaction : 01/01/17 ; InterestPaidToDate : 10/30/16 ; LateChargePaidToDate : 11/04/16 ; OldAccountNumber : 0116970 ; OldNewStateAndBranch : 050029 ; TransactionDate : 01/01/17 ; Userid : ACTIONAP ; Date: 1/09/17 Time: 1:00 Csr: ZM Pay: M Transacting Branch: PMT ; Payment ; TranCode : PMT ; TranDesc : PAYMENT ; AmountStillDue : 297.00 ; BranchNumber : 67090912 ; CashDrawerNumber : 2 ; CurrentBalance : 6018.96 ; EffectiveDateOfTransaction : 01/09/17 ; FormOfPayment : CK ; InterestAmountCollected : 320.00 ; InterestPaidToDate : 12/28/16 ; LateChargeCollected : 20.00 ; LateChargePaidToDate : 02/04/17 ; MonthPaidToDate : 11/04/16 ; NewRate : 33.2952 ; PartialDaysInterestDue : 1.26 ; PastDueAmount : 925.00 ; PostedAs : M ; PostingBranchNumber : 050029 ; TotalAmount : 340.00 ; LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments TransactionDate : 01/09/17 ; Userid : B3305796 ; Date: 2/11/17 Time: 11:00:00 Csr: Pay: Transacting Branch: ** INTEREST FREE AMOUNTS INDICATED BELOW ARE FOR CONVERTED ONEMAIN LOANS * ** THESE AMOUNTS ARE GENERALLY COLLECTED AT OR NEAR PAYOFF * ** DEFERRED PRINCIPAL (FB PRN BAL): $OOOO30.00 * ** ->FB PRN BAL IS INCLUDED IN BALANCE AND IS THE TOTAL OF ALL ADD-ON AMOUNTS * Date: 2/11/17 Time: 11:05:31 Csr: Pay: Transacting Branch: ** THE PREVIOUS TRANSACTION HISTORY HAS BEEN LOADED FROM ONEMAIN BRANCH & ACCOUNT: -2035 Date: 3/16/17 Time: 16:11:05 Csr: Pay: Transacting Branch: 325.00 325.00 .OO 6018.96 103/13/7 12 CADJ DD 03/16/7 :18.00 101.6218 l0.00LC V#44000OO FB PRN BAL 30.00 Date: 5/10/17 Time: 16:11:25 Csr: Pay: Transacting Branch: 1000.00 420.68 579.32 5439.64 IO5/O7/7 03 CADJ DD 05/10/7 :56.00 20.00LC 17 V#44000OO FB PRN BAL 30.00 Date: 7/26/17 Time: 16:04:35 Csr: Pay: Transacting Branch: 700.00 415.18 284.82 5154.82 107/24/7 05 CADJ DD 07/26/7 :98.00 30.00LC V#44000OO FB PRN BAL 30.00 Date: 11/20/17 Time: 2:30:07 Csr: Pay: Transacting Branch: **** 5154.82 111/20/7 O5 SCZN COR 0615 Date: 11/21/17 Time: 2:28:45 Csr: Pay: Transacting Branch: **** 5154.82 111/21/7 O5 SCZN COR 0615 Date: 11/27/17 Time: 16:12:28 Csr: Pay: Transacting Branch: 350.00 350.00 .OO 5154.82 111/26/7 O6 CADJ DD 11/27/7 :94.00 268.1618 40.00LC V#44000OO FB PRN BAL 30.00 Date: 12/30/17 Time: 1:08:01 Csr: Pay: Transacting Branch: **** .OO 5154.82 112/30/7CO6 CORINT **** .OO 5154.82 112/30/7CO6 CORAH **** 6.08 5148.74 112/30/7C06 CORLFE **** 132.82 5015.92 IlZ/30/7CO6 CORIUI **** .OO 5015.92 IlZ/30/7CO6 CORPPI **** .OO 5015.92 IlZ/30/7CO6 CORGAP **** .OO 5015.92 112/30/7CO6 V **** .OO 5015.92 IlZ/30/7CO6 W **** .OO 5015.92 IlZ/30/7CO6 COESCR **** 5015.92 IlZ/30/7CO6 CO WFI 33.29 TO O. LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments O 429.2918 PCOD 12/17 Date: 12/30/17 Time: 16:14:30 Csr: Pay: Transacting Branch: 500.00 415.46 84.54 4931.38 112/27/7CO7 CADJ DD 12/30/7 DIP 12/30/7 :280.00 13.6018 V#44000OO FB PRN BAL 30.00 Date: 12/31/17 Time: 8:29:33 Csr: SAP Pay: Transacting Branch: 4908 .OO 4931.38 112/31/7N CORAH COR z 6.08 4937.46 IlZ/3l/7N CORLFE COR 132.82 5070.28 112/31/7N CORIUI COR .OO 5070.28 112/31/7N CORPPI COR .OO 5070.28 IlZ/3l/7N CORGAP COR **** .OO 5070.28 IlZ/3l/7NO7 CO COR INR 33.29 Date: 2/27/18 Time: 1:16:03 Csr: Pay: Transacting Branch: **** .OO 5070.28 102/27/8CO7 CORINT **** .OO 5070.28 102/27/8CO7 CORAH **** .OO 5070.28 I02/27/8CO7 CORLFE **** 103.31 4966.97 102/27/8CO7 CORIUI **** .OO 4966.97 IOZ/27/8CO7 CORPPI **** .OO 4966.97 I02/27/8CO7 CORGAP **** .OO 4966.97 102/27/8CO7 V **** .OO 4966.97 IOZ/27/8CO7 W **** .OO 4966.97 I02/27/8CO7 COESCR **** 4966.97 102/27/8CO7 CO WFI 33.29 TO O. O 279.2718 PCOD 2/18 Date: 2/28/18 Time: 16:40:03 Csr: Pay: Transacting Branch: 700.00 274.71 425.29 4541.68 IOZ/26/8C1O CADJ DD 02/28/8 DIP 02/27/8 :38.00 4.1718 V#44000OO FB PRN BAL 30.00 Date: 2/28/18 Time: 21:03:20 Csr: Pay: Transacting Branch: 3056 .OO 4541.68 102/28/8N CORAH COR a .OO 4541.68 102/28/8N CORLFE COR 103.31 4644.99 102/28/8N CORIUI COR .OO 4644.99 102/28/8N CORPPI COR .OO 4644.99 IOZ/28/8N CORGAP COR **** .OO 4644.99 102/28/8N10 CO COR INR 33.29 Date: 4/29/18 Time: 2:21:33 Csr: Pay: Transacting Branch: **** .OO 4644.99 IO4/29/8C10 CORINT **** .OO 4644.99 IO4/29/8C1O CORAH **** .OO 4644.99 IO4/29/8C1O CORLFE **** 73.79 4571.20 IO4/29/8C10 CORIUI **** .OO 4571.20 IO4/29/8C1O CORPPI **** .OO 4571.20 IO4/29/8C1O CORGAP **** .OO 4571.20 IO4/29/8C10 V **** .OO 4571.20 IO4/29/8C10 W LCOO9OD Transaction History 5/19/18 4951 -130l Regular Loan Register #z Tot Pmt Int/Chgs Prin Balance T Date A PD To Comments **** .OO 4571.20 IO4/29/8C10 COESCR **** 4571.20 IO4/29/8C10 CO WFI 33.29 TO O. O 268.7618 PCOD 4/18 Date: 5/19/18 Time: 50:50 Csr: Pay: Transacting Branch: IO5/19/8C 2 SOLD \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Efectrunltally Christopher D. Mandarich SB 220693 wsuwm {WI fillwnu'cum "m"m" Ajay Sood 33325294 ‘3'" 8/2/2021 Hayk Stambultsyan SB320973 BF-HLHWIEWL Amber Swearingen-Ojuri SB324653 P“! MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21 -CLJ-O41 45 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED YUANFU LI, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $3,036.97 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, CITIBANK, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated With this debt is XXXXXXXXXXXX8473. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "65" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is YUANFU LI, 3961 KENT WAY , S SAN FRAN, CA 94080-3944. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 card application to the original creditor, CITIBANK, NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX8473 (hereinafter “Account”). 10.Pri0r 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 repay CITIBANK, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CITIBANK, NA. and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n August 8, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $3,037.16, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $3,036.97. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, CITIBANK, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $3,036.97 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CITIBANK, N.A.. Although demand has been made upon Defendant, said amount of $3,036.97 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $3,036.97, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/29/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A My Best Buy® Credit Card Customer Service: besbuy Account Inquiries: Account Statement Send Ndiceof Billirg EnolsardMiner Service Inqu‘riab: BEST BUY CREDwT SERVrCES PO Box 793441 Si. Louis M063179 Account Number: - 84731-8m-W+1301 _ _ W F W Summary ofAccount Actrvrty Pavment Informa tion Previous Balance $1 540.72 New Balance $1 51272 gagecngdits 3:333 Minimum Payment Due $28.00 Purchases $0.00 Payment Due Date August 8, 2019 Cash Advances +$0, 00 Lame PaymentWanlng: Ifwe do not receive your minimu‘n payment by the Fees Charged +5030 mte listed above, you may have to pay alate fee up to $39. Interest Charqed +$0.00 Minimum PaymentWarning: If you make only the minimum payment each New Ba|anc9 $1 '51 2'72 period, you will pay more in interest and it will take you longer to pay dfyour balance. For example: kpas‘ Due Amount $000 J lfyou make no addtlonal You wlil pay of! its charges using this card basics shown on this aid each month you pay“ subment in about... (Credit Limit $1 ‘75000 W Only the minimum payment 13 years Available Credit $237.00 $8 3 ears Amount Over Credit Limit $0.00 y (sav'ngk 929) Statement Closinq Date 07/1 4/201 9 I you would like unwormauon aboutcredn counselhg services. can 1-877-337-8187. Next Statement Closing Date 08/14/2019 @ays in Billing Cycle 31 J K You must pay your promotional bdance ot$1512.72 In tul by 03/03/19 to avoid paylng dderred Interest charges. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm You have asked us to automaically withdraw your monthly payments from your bank account endng in m0. Your next payment of $8.00 will be wimdrawn from your bank account on 08/08/m19. To camel your enrollment or to change or cancel the scheduled payment, you must contact us by 5 p.m. ET on the Payment Date, except for debit cad payments. For debit card payments, you must contact us by 12 a.m. ET the day bdore the Payment Dab to cancel you enrollment or to chang or cancel the scheduled payment If the balance due on your account is less than the payment amount, we will withdraw the balance due on your account. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Please mpdate your phone number, includng cell phone number on the back of the paymentcoupon. PLEASE SEE IMPORTANT INFORMATIONON PAGE 2. 0 Please detach and raurn lower_portion with your ga_y_ment to Insue_groper credit ReBInJggrportion lorlour records MA 332 PO BOX 6204 SIOUX FALLS. SD 571 17W snument Enclosed YUANFU Ll 2061 PINECREST DR SAN BRUNO, CA 940664855 Page 1 a 4 You Accourn Number Is -8473 Payment Due Date August 8, 2019 Nav Bdance $1512.72 Past Due Amount $0.00 Mlnlmum Payment Due $.00 Amount Enclosed: $ Please print address changes on the tevase side. MakeChooks Payablebv BEST BUY CREDIT SERVICES PO BOX 78009 PHOENIX, AZ 8&62-80w I-N B This Account is Issued by Citibank, NA. .Edha Information About Your Account. How to Avoid Paving Interest on Purchases. Your payment clue date i5 at least 25 days aiterthe close of each billing cycle. We will not charge van any interest on purchases if you pan; your New Balance bu; the payment due date each month. This is called a grace period on purchases. To get a grace- period on purchases vou must pay the New Balance by the- payment due date every billing cycle. If you have a balance subject to a deferred interest promotion or if your statement shows a Waived Interest Charge promotion and that promotion does not expire before the payment due date, th at balance (an "excluded balance”) is excluded from the amen nt you must pan; 1n full t0 get a grace period 0n a purchase balance otherthan an excluded balance. In addition. 'If you have a reduced rate credit plan. that balance (an "excluded balance") is excluded from the amount you must paw; in full t0 get a grace period 0n a purchase balance other than an excluded balance. Howeven you must still pay any separately required payment un the excluded balance. In billing Cycles in which payments are allccated t0 deterred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Howsver, you will continue t0 get a grace period 0n purchases. other than an excluded balance, so long as you pay the New Balance (less any excluded balance. plus any separately required payment on an excluded balance) in full bx; the payment due date each billing cycle. Deferred interest offers max; also be called Same As Cash Gr No Interest. In addition, certain premotiunal offers not described above may also allow you t0 have a grace period on purchases without having t0 pay all or a portion of the promotional balance by the payment due date. If that is the case, the promotional offer will describe what happens. Haw We Calculate Your Balance Subject tn Interest Rate. WE- use a daily balance method (including current transactions) t0 calculate interest Charges. T0 find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Other Account and Payment Information. Payment Amount. Ycu mas; pay: all ur part 0f yaur account balance at any time, However. ycu must pay. by the payment due date. at least the minimum payment due. When Your Payment Will Be Credited. If we receive yeur payment in proper form at our processing facility by 5 pm. local time there, it will be credited as 0i that day. A payment received there ‘In proper form after that time will be credited as of the next day. Allow 5 to T days for payments bk,» regular mail t0 reach us. There may be a delay oi up to 5 days in crediting a payment we receive that is not in proper form 0r is not sent t0 the correct address. The correct address for regular mail ‘Is the address on the front of the payment coupen. The correct address fer express mail is shown "In the Express Mail section. Proper Farm. For a payment sent by mail er courier to be in proper farm, you must: * Enclase a valid check or money order. No cash. gift cards. or foreign currency please, ‘ Include your name and the last four digits 0f your account number. Payment Other Than By Mail. ‘ In-Store [Where Available}. Any payment "m proper form accepted inistcre will be credited as of that day. However. credit availability may be su bject to verification of funds. Not all stores accept payments. Contact your local store to see if in-sture payments are accepted at that location. ‘ OnlinefAutaPay. Go to the URL 0n Page1 of your statement to make a payment online. ‘mu can also enroll in flutoPay and have your payment amount automatically deducted each month fmm the payment account you Choose. ~ Phone. Call the number on P3931 of your statement to make a payment by phone. For phone payments, you authorize us to electrenically debit vourspecified bank acceunt bx; an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service- number at the top cf Page1 within the time period disclosed t0 you 0n the phone. There is m} fee for making a payment using our automated voice response system. * Express Mail. Send payment b1; express mail to: Consumer Paymant Dept, 6?16 Grade Lane. Building 9. Suite 910, LouisvillE. KY 40213. /A/- HN - 9038-7001-0001 - C1 -/B/- 1034741839- C -/C/- - O - - 56 -/D/- P - - -1 -Y -/E/- O - /G/-N- - - -/H/-O- -YEAV-V -/|/- - -O-O-MD- -/J/- - - -1901S- -O519 * Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments. and Express Mail payments 'Is midnight Eastern time. This means that we will credit your account as 0f the calendar day. based 0n Eastern time, that we receive yeur payment request, If you send an eligible check with this payment coupon. you authorize us to complete your payment by elect ronic debit. If we do. the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We- may report information about your account to credit bureaus. If you think we reported inaccurate iniormat'lon, please write us at: Credit Bureau Dispute Verification. RU. Box 649?. Sioux Falls. SD 5711?. Report a Lost or Stolen Card Immediately. Call the account Inquiries number shown 0n Page 1. What To Du If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement. write to us at the address for billing errors and customer service inquiries shown 0n Page1 0f your statement. In your letter. g‘we us the following information: 1. account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Preblem: It you thinkthere ‘Is an error 0n 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 errcr appeamd 0n ycur statement, You must notify us of any potential errors in writing. You may call us, but if you d0 we are not required to investigate any potential errors and you may have- to pay the amount in question. While we investigate whether or not there has been an ermr. the follmv'mg are true: d We cannot try to collect the amount in question. or report you as delinquent on that amount. The charge in question max; remain 0n your statement. and we may continue to charge you interest on that amount. But. 'If we determine that we- made a mistake, you will not have t0 pay the amount 'In question or any interest Dr other fees related to that amount. While you do nut have to pay the amount in quegtion. yGu are responsible fer the remainder 0f youf balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that ycu have- purchased with your credit card. and you have tried in good faith i0 correct the problem with the merchant. you may have the right not t0 pay the remaining amount due on the purchase. To use this right, all of the follewing must be true: 1. The purchase must have been made in your home state or withinmo miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither 0f these are- necessarv if your pLI rchase was based on an advertisement we mailed t0 you, or if we own the company that sold ycu the goods 0r services.) 2, You must have used ycur credit ca rd for the purchase. Purchases made with cash advances from an MM or with a Check that accesses your credit card account do not qualify. 3, You must not yet have fully paid for the purchase. Ii all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown c-n Page 10f your statement. ¢- i t While we investigate, the same rules apply t0 the d‘Isputed amen nt as discussed above. After we finish our investigation. we will tell you our decision. At that point, "If we think you owe an amount and you d0 not pay. we may report you as delinquent. BBY PL CA CIT APR‘iQ - - -O-O-/F/- 01/15/19- 12/01/11 -91 -June 13, 2019 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: {U323 binge; er black; ink) *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. lib? ACCOUHtI “H “H H“ 8473 TRANSACTIONS Trans Date Description Reference # Amount 07/08 PAY-BY-PHONE PAYMENT DEERFIELD |L P9194005XEYB1XWS4 $ 28.00- FEES TOTAL FEES FOR THIS PERIOD $ 0.00 INTEREST CHARGED TOTAL INTEREST FOR THIS PERIOD $ 0.00 Total Fees Charged in 201 9 $0.00 Total Interest Charged in 2019 $0.00 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR NO INT W/PYMTS FOR 18 MOS $1 ,974.42 01/19/18 $1 ,540.72 $28.00- - - $1 512.72 - $880.33 08/08/19 TOTAL $1 ,540.72 $28.00- $0.00 $0.00 $1 ,51 2.72 $0.00 $880.33 INTEREST CHARGE CALCULATION PURCHASES REGULAR 27.49% (M)(V) $0.00 $0.00 No INT W/PYMTS FOR 18 Mos 27.49% (M)(V) - - (V) = Variable Rate Page 3 of 4 .Edha Page 4 of 4 EXHIBIT B Account Statement Send Ndiaeof Billirg Emnar Mm Service Inqu‘riab: customer service: BEST BUYCRED‘T SEBV‘CES My Best Buy® W POBOX790441 SLLOUIS M063179. r. Account In uiries:Credlt Card 1mm8g9 Account Number: - 8473 _ _ W F W Summary ofAccount Actmty Pavment Informa tion Previous Balance $2,935.02 New Balance $3 037_16 Payments "$000 Minimum Pa ment Due [906 00 Other credits '$O'00 Payment Du: Date March$8 2620Purchases +$0.00 ' Cash Advances +$0_ 00 Late PaymentWaning: Ifwe do not receive your minimu'n payment by the Fees Charged +$3g_oo mte listed above, you may have to pay alate fee up to $39. Interest Charqed +$63. 1 4 Minimum PaymentWarning: If you make only the minimum payment each New Ba|anc9 $39311 6 period, you will pay more in interest and it will take you longer to pay dfyour balance. For example: kPast Due Amount $773.00 J "you make no You Wm pay of,m charges using this card basics shown on this aid each month you pay. subment in about... (Credit Limit $0.00 W Only the minimum payment 12 years Available Credit $0.00 $124 3 ears Amount Over Credit Limit $1 .287.16 y (sav'ngk 043) Statement Closinq Date 02/1 2/2020 I you would like iniormanon aboutcredu counselhg services. can 1-877-337-8188. Next Statement Closinq Date 03/1 3/2020 @ays in Billing Cycle 29 k J Please nae that if we received your pay by phone or online payment bdween 5 p.m. ET andmidnight ET on the lastday of your bllllng period, your paymentwill not be reected until your next satanent Please tpdete your phone number, includng cell phone number on the back of the paymentcoupon. TRANSACTIONS Trans Date Description Menace ii Amount EES 02/08 LATE FEE s 39.00 TOTAL FEES Fon THIS PERIOD s 39.00 [NIEESTCHARGED 02/12 INTEREST CHARGE 0N PURCHASES s «3.14 TOTAL INTEREST FOR THs PERIOD s 03.14 3 i-N 3 PLEASE SEE IMPORTANT INFORMATION 0N PAGE 2. Page 1 a 4 This Account is Issued by Citibank, NA. 0 Please detach and raurn lower_portion with your pa_y_ment to insue_groper credit ReBinJggrportion iorlour records BEST ||||||||||||||||||||||||||||||||||| llllBUY” Payment Due Date March 8, 2020 PO Box 6204 Nair Bdance $3,037.16Sioux FALLS. so 571 174204 Past Due Amount? $773.00 Minimum Payment Due $906.00 snument Enclosed Amount Enclosed: $ I TPast Due Amount is included in the Minimum Payment Due. Please print addrss changes on the revase side. MakeChecks Pueblo tov BEST BUY CREDIT SERVICES YUANFU U P0 BOX 78009 3961 KENTWAY PHOEN IX, AZ 85062-80w S SAN FRAN, CA 940w-3944 .E a_h 9 Information About Your Account. How to Avoid Paying Interest on Purchases. Ye: i paw F. ert '4 -:“ date is at :eas- '-a',s aéterti'a? 5e <2? eacl“, l-im L;w:Le We 'w:iv ': 2;..59-330u 211W interest Lm purLEflsd Ifmu pay‘mur New 'iaiance m the paim'cm due tie e:3th more ':h. :hi ‘scai'.EL1'='.1 qrczcré per -".I 11:: parcnases. ?3- ga. .miace per 1:1 cm 51:.-=rchase: vLu-J muat pay -. ue Nev; Balan: I: h'c the pa men: wedlflwpww mL-rcle. 4;“: p r'ud nterest (“rune prnn Lfitiun afiuthaz [Emmet Cn 3:35-21 nGt mpifii Eefcrre the date, thaiijalcmce -' 'wcrurjetj Lalan- 9' ".I s Exciuded 1mm :!‘.: 2i .uur‘ft you mu: enet .3 s_raCE priiuu ”n a purc!‘ 159 halc- :r fh- n an ext!awn Lua' -' Hm; haw e- a re. .uced rate arr:--it p '39. thfic;*bm. 2‘ - ed haler‘te fre-u‘. :I-e amount 'ch mus: [Ja- n1 FLA: tug 9t a Elf ?han an e=zciuded baiance. HG Ear“ m; n‘ ' ' 3L1 bald. CE. In t1. 1} L-gL‘EEs in v; f‘- pdwmerwts .' haidnces first thed aierr-e ea'EEt'e-alantem--n:i L:- ' 'Lcdbeiureairr‘;Gtherbaia Jc‘ L241 Eh: accc-uri. ' !i contir‘iL ic- get a grace g;- "rJd 0n pi'i'cr-ases Gther‘ iha excluded 'L‘; _ {cm paythe New Baianae L: 3m: separeteiy :anjirui.‘ pa=;-‘:‘re:‘.'t DI an ext' d balzznce‘: Elm th} gainer due :' b z; c'gcie. Deferrc: a mt: res- uffers nm' ”is; be 53-19 ma ,«13 ain'h 3r .‘~J:} Ivtea es; in add' ' 41, Certain flrom ‘ qraz'e per 53G c-fi {J-Urchcza 13a the payment due L.at“. hhpflfil’u. How We Calculate Your Balance Subject tn Interest Rate. fie L59 :1 daiifiu- balame methnd finciudim: c-Ul'rent transacfians‘: izu L'altuiate interest chargers. Tao ti ti Gut mare ‘inim‘ma ' g;"‘uut ti = bah"nce campaitat. or! rm.-?_Emd 1-11: hum tin: FESL “in: interes; Chmqes were (jet .Jm-d. cataract usatthe Hcmum 1mg... = Rum be: m the frog‘t. [T'WJH'BCUE 'y'mefl'. G't 'iumte: t0 deferr'efi Interest IJ w II 52W L-iE 1n! mfers not uéshrltw i abswat,- may aisua :ijw mn': :rJ have: uthmrinq ta: pay al. c: aporrur ui-thegrumoiism! La. ante Las-ihe L gaur- the prr ma,w- ins'mainffer win ' descflhe wheat(I Other Account and Payment Information. Payment Amount ‘a- cu.- may paw; Eel: arpas't of your mcaaunttalance a: 31w tima Hm-a-u'e-u'er; vcu' rcust ym. ha tne- {Jayma E: Ljur: date. at lmst the In: n.mm. palmaa mus. When Your Payment Will Be Credited. iE v.3 re sews gm. { um- mrn't in proper 10m.3t cu; r pun; ’ssinu f3 ' " -a5 0f tits t.d 3, pwi. a rwt Lgi-Jed LhL-{eg paper farm jfic'I ”Hat +-mu;- -,- fl! br: Germ? 'ne-xf'ia'a} Aliuw t: fa.” paymemsn y a'equ-i- 3 reach us There may be a .3: 0f up-Lué divs 'sn c. ea. ti.--_j 3 pcwmer-t we r9? Mr is mt .n prrjpsrfc-I m 0r :5 rt:Jtseni it: the L watt address. Thea J=I FE? addr 3&3 fer rem: Iar ma- i I5 the ad. fess cs1 the fron" ‘F til: DE. y' Jeri cauprgan. The gar re: ssuress for: xmass ma .'53 shew m :n 'rht- Express rwlc ctir r. Proper Form. Fer s_s amnerrsar E 1; mail r‘r't rJua'heu tr.- be‘n prowrform. mu must: - Enciose g: mild {heck 3-! msnev arc: .nE-i: cash. {gifl1c.-3r.Js_ Dr fareiujr. :unenr‘; piaasa * Include y'sur name- aawd rte iasx. {CM dung: uf your dccuuflt Number. Payment Other Than By Mail. i In Store {Where Avaiiable). Am pnxeancnt in pr: per hrm Eccemn- éizistme w‘Hi be 5V” +993 as c-f tha m; Hewewr r.r:=,- P‘ _.r ms..-; he sub} 9c :tu verification 0f ful..,.5. m.” 35:'st::r&s ar L9 rif pm malts. Cc- Lt gaua' Iocai store '13 see ii Ewstfire Ijavnmnhs arav aint'egns-szf fit :Iaa't Iiucatisr OnlinefflumPay. F33 t:- the URL 3n Pal; 3! m yon-! st.ateaT‘:en: LL:- make- 3 migmeié Dnl'; r19 | "T'c-u Lain raise enmh En fixutuPa-g anii Itax- e fem p wiriL-Iet amvuht alecmatifi-hiy awaie: each mer'lih from thepaymeat ac: rum ucu choose. ' Phone. Cailtha Hurfi-bE-r' Jn PaC'r'T. 0f mu.” statement t3 mfiw a sat n" 1t b'--' prim .L‘-r finene paw, a ‘ ‘=ri:9 US IG EIEL'trrJr‘ iv fiebi‘t- Gm 3p Ci t.ink acts -'* lg”: an 3""H trans ' ' ti alt '3: 3L: ind' mihephune. mu n a, E3 ntE. “a p -r‘- Her“ L“; tailing. us attire} Custal'ner Serv‘lce Lumber 3’: the mp cf ' ntI-e Limbn:r:-er 3d d‘acimed tovou anti: phnne-JThPa’I: Esnofee for malainr a pew :n: usinu 0-1;: aumn ated mute rem:.t-ilse s stern. Agent-Assisted Phone Payments. if FOL: cal. :5 tia- make a pay-[r'int w'th the rs: fiance; cf a ire 3.33m. nth: pagnizgni. wi:l he appziea the 5mm; day and- ~be :hamn-u a 51):; ageni expedited gtayment tee. a /A/- HN - 9038-7001-0001 - C1 -/B/- 1034741839- E -/C/-E - O -X - 56 -/D/- P - - -1 - N -/E/- 7 - /G/-N- - - -/H/-O- -YEAV-V -/|/- - -O-O- - -/J/- - - -1901S- -O519 - Express Mail. Send 'a'-,rment b‘r excress rr‘ ‘-' t:. CGm!sumer Payment Dept” 6T1E‘: Grade LamaHmlc‘iin :9. Sui:EQHT ir .c- a 4G3} 1 Creditinq Payments other than in; Mai}. Tie 13?.-Jinant c: Lit Uff [imch-r Gn|=uric hi: pa-gm’ezfts, Pimp: pa mm .ts. :md Exm‘ess M15! [Jen mew; :S m: r'i‘iqh't Lantem tiim; .h‘f '2 means :h' ' E “aunt :15 0f Th: r.:|En-j 3| rin'f, hissed or. E asi: Lam time t'ria? we rergixr'e yum La-Jrnent rE-L. 5...): qr. 1,4 r-.-' If vcu send an eligible check with this payment coupon, you authorize us to complete your payment lav electronic debit. If we do, the checking account wil! be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. we . ; rerc-rt 'mfcrmatiun about --, :4 dscuua1t.fr: Cledlt bureaug. If'ynu i'hink we repUFLe-J irlattur'a‘i': infm'mjtirm plan: write us air: CI Edi - Sure HL.- Dispute Ugi’iiicatiflii. ’3. Sex 6497-, S. 3U}: Fain; SD-‘5 H117. Report a Lost or Stalen Card lmmediateiy. Caz! the Account :nquirEes number Shawn 3n Paget What To Do If You Think You Find A Mistake 0n ‘r'our Statement. ii you think :h ere ‘ig an Ermr' fin '=,-':':-u.r Staien‘aent m'iie t3 us Eat fire adiiress fur hiiiii‘ug errors and customar ser' ' inquiries 5!‘:I}1='=rr- Em Page.-:}f 3-.-:Lir statem: n1 cur iette‘r L] we us tit-m|ic-Imnq ir-Winm 3L3 UL. rmat.m: ‘muj mm»: an'jLCC'ountnumber.. 53. "LU'Jnt :'.ri" u. 2. E' tr amuuniz heT dat-Iisr Amuunt 0f the Suspecied error. 3 35 :Cr'2pr'lcn 9f Prcbiem Efyuj Lh rlk Wpre‘ix av arm up ,w H cr'sz what yea,- beiieue afiiflnucr.u.a‘a'l.r 'vC-UE. ' Wu rm tmntaat us. wiihin 6&3 3:: 3f'.e‘s t..-e Errrl aura rat.- urn your s atsm: nt '- we are rust :n questlen. - ‘ cu m .J'; cal: mg. hut if 1m- r-surnay'.ha:mm 93? ihe amuus‘t "‘lnnu‘il 'Lif‘r'll: r'-"= ism] tG =‘:r~:F:': .‘rnfan; pa ientia ' ig 316 any pGLei‘tia: emit. Whiie we 'In‘J tins. >3 whether or nutfhtae h =54 haen a: mr-ar. tn? éclowing are {ma fife caniwat tr t0 caiiact the ame'uni m :'guesti-Gu L1." repay: y'su as deiinut.:ent 0n trait amount. Ti:e charge In ".ues-icn snag :en. ZEHESJ'. Lin that alrica’niin. and wc m'au Lertim et me :1 ads .1 ..|§s-.:.i£9. veuni-é .7 um er fe-fi reiaierj to-that amus.u‘n. nclcm, you at" resmr‘sible fu.“ me:n. a We Csfi appiw an}: ur-p-J‘E-j amuum (zgamst g-Uur credit Einai‘i. Your quhts If You Are Dissatisfied With Your Credit Card Purchases. :i *1." L: --:‘.-"irscs antes thut mu ht w: wirmsa. ' a c cerrect the- pmbi-«Irm ith {re mertr. ant. 313- ma,- have: thi- min; ameunt flue on the purchas I' E yd FC 3513' v-L‘L - right mrt LG p: -,-' theeramp. :his I ight. .Tl:e purchase r..us:t i131 ye Lean made-.n vsurhume SL116 C-r mihn. 190 mE-.escf-JGEI CL:Erent mailing address, end the pl..=thr;-se me must have baa.I more than $53. (Nita: N3 '" :hese are necesaary ié your purchase ==m-5 bar’s“. rm an a; Wm. *‘ Lf we own the- cen‘par‘ly that sold mu 'Ihc- fosfis r}: se: ‘.-iCI:_. .3- ‘r’uu 11:145.? haven; . erLscm c :r'; Eur LE1: p'n:h a5: Pllrcf‘ases made w :t.“ Cf: :h advances; {mm an 34.:’rfi or wn'th 3 ci:e:k tlfit amegw.5 ‘gzjur-:‘aeL-i caad account d0 not T0 use 3i. :3! ti- Sis iawinq must be true: EsciT‘PrlL aye r‘]: 'E-JI :r'») 3. 5|”! 'Ja!’ ii. 'y'Cr-JI SELELE‘I‘WEF‘EL =4i5£= SbFML’w After if weti" UH ,-C-L::-'.e :r. ‘--’"=I't‘-iie v e i!"w'esi:"=‘-ate,t%::. " es?) f5 P-ish L-ur Em“ Crljvi’wr .-,-e wi::+- :mru-“rr. ailqvey- aoromamaen =-r gm) :1} 0U as JeiinauEen-f BBY PL CI}. GET .flUGiQ - - - O - O -/F/- 01/15/20 - 12/01/11 - 98 - January 14, 2020 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: {U323 binge; er black; ink) *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. ACCOUHtI “H “H H“ 8473 Total Fees Charged In 2020 ~ $78.00 Total Interest Charged in 2020 $130.41 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR - - $2,935.02 - $39.00 $63.14 $3,037.16 - - - TOTAL $2,935.02 $0.00 $39.00 $63.14 $3,037.16 $0.00 $0.00 INTEREST CHARGE CALCULATION PURCHASES Your Annual Percenla e Rate (APR) is the annual interest rate on our account REGULAR 26.74% (M)(V) $2,972.05 $63.14 (V) = Variable Rate Page 3 of 4 Page 4 of 4 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electmnicaily by Superior Camlnffialrfc-rniafimmly :af San Maren Christopher D. Mandarich SB 220693 Ajay Sood 33325294 fl” 8/1 0/2021 Hayk Stambultsyan SB320973 Elf fflgirufllaggini Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case N0. 21 -CLJ-04292 Plaintiff, VS FILE BY FAX COMPLAINT FOR: 1. BREACH OF CONTRACT SALVACION SATUITO, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $11,175.77 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest to original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. 4. The charge-off creditor at the time of charge-off is PPTT_2_2019-ST1, 221 MAIN STREET, THIRD FLOOR, SAN FRANCISCO, CA 94105, and the account number associated With this debt is XXX3420. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. Exhibit "66" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is SALVACION SATUITO , 800 GELLERT BLVD , DALY CITY, CA 94015. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to 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 of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 to the original creditor, WebBank 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXX3420 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay WebBank 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 of last payment 0n the subject account was on August 22, 2019. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-off was $1 1,175.77, 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 $1 1,175.77. 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, WebBank 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 to 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 WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to 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. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. WebBank extended a credit loan to 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 to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $ 1 1 , 1 75 .77. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem 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 WebBank. Although demand has been made upon Defendant, said amount 0f $1 1, 1 75.77 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $1 1,175.77, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/20/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 Qflx/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Promissory Note Loan 1D: .3420 Borrower Address: SALVACION S SATUITO, 800 GELLERTBLVD DALY CITY, CA 940 1 5. 1. Pmm'se t0 Pay. In return for a loanI have received, Ipromise t0 pay WebBank ("you'9 the principal sum 0ftwelve thousand dollars ($12,000.00), together with interest thereon commencing 0n the date oforigination at the rate Ofeleven point five four percent (1 1.54%) per annum simple interest. I understand that references in this PromissoryNote ("Note'3 t0 you shall also include any person t0 Whomyou transfer this Note. 2. Payments. Iwill pay the principal, interest, and any late charges 0r other fees 0n this Note When due. This Note is payable in 35 monthly installrmnts 0f$395.94 each, consisting ofprincipal and interest, commencing 0n the 22nd day oprril 2019, and continuing until the final payrmnt 0f$404.91 0nMarch 22 2022, Which is the Imturity date 0fthis Note. Because 0fthe daily accrual ofinterest 0nmy loan and the efl'ect 0f rounding my final payrmnt Imy be more 0r less thanmy regular payrmnt. My final payrmnt shall consist 0fthe then retraining principal, unpaid accrued interest and other charges due under this Note. A11 payrmnts will be applied first t0 any unpaid fees then due, Whether they are incuned as a result offiiled payrmnts, as provided in Paragraph 11, payrmnt processing fees assessed, 0r any late payrmnts, as provided in Paragraph 4; then t0 any interest then due; and then t0 principal However, ifI am delinquent, the application ofmy payrmnts Imy change. N0 unpaid interest, fees 0r charges will be added t0 principal I fufiher acknowledge that, ifI Imke my payrmnts afier the scheduled due date, 0r incur a charge/fee, this Note will not amortize as originally scheduled, Which Imy result in a substantially higher final payrmnt amount. 3. Interest. Interest will be charged 0n unpaid principal until the fifll amount ofprincipal has been paid. Interest under this Note will accrue daily, 0n the basis ofa 365-day year. The interest rate I will pay will be the rate I will pay both before and afier any defiult. 4. Late Chalge. Ifthe fifll amount ofany monthly payrmnt is not Imde by its due date, I will pay you a late charge 0fthe greater 0f$ 1 5 0r 5.00% 0fthe unpaid portion 0fthe monthly payrmnt. I will pay this late charge When it is assessed but only once 0n each late payrmnt. 5. Clains and Defenses; Waiver 0fDefenses; Exception t0 Waiver. Except as otherwise provided in this Note, you are not responsible 0r liable t0 me for the quality, safety, legality, 0r any other aspect ofany property 0r services purchased with the proceeds ofmy loan IfI have a dispute With any person fiomWhomI have purchased such property 0r services, I agree t0 settle the dispute directly with that person Ifand only ifthe proceeds ofmy loan will be applied inWhole 0r part t0 purchase property 0r services fiom a person 0r entity that has entered into a contractual relationship with you 0r Prosper related t0 financing 0fsuch property 0r services, the following notice Imy apply: NOTICE ANYHOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAHVIS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERYHEREUNDER BYTHE DEBTOR SHALLNOT EXCEED AMOUNTS PAID BYTHE DEBTOR HEREUNDER. 6. Certification. I certify that the proceeds ofmy loan will not be applied in Whole 0r in part t0 postsecondary educational expenses ('16., tuition, fees, required equipImnt 0r supplies, 0r room and board) at a coflege/miversity/vocafioml school, as the term 'bostsecondary educational expenses" is defined in Bureau 0fC0nsurmr Financial Protection Regulation Z, 12 C.F.R section 1026.46(b)(3). 7. Method 0fPayment. I Imy Imke payrmnts (1) by electronic fund transfer fiom an account thatI designate using an autormted clearinghouse (ACH) 0r (i1) by check. I understand that payments by check Imy incur an additional processing fee ofup t0 $5.00 for each payrmnt by check. Cmently applicable fees are available at www.prosper.com 0r by calling 1-866-6 1 5-63 19. I will Imke all checks payable t0 Prosper FundingLLC and send them t0 Prosper Marketplace, Inc., P.O. Box 396081, San Francisco, CA 94139-6081 in a Imnner so as t0 ensure that it is received with suficient time t0 process prior t0 my scheduled payrmnt due date. T0 ensure eficient processing ofmy check, I will reference my loan nutrber 0n the check. Irecognize that ifI have autormted withdrawal enabled, it is my responsibility t0 ensure that all amounts I owe are paid When due, even ifnot debited fiommy account. IfI close my account 0r ifmy account changes 0r is otherwise inaccessible such that you are unable t0 Withdraw my payrmnts fiom that account 0r process my check, I will notify you at least three (3) business days prior t0 any such closure, change 0r inaccessibility ofmy account, and authon'ze you t0 Withdraw my payrmnts, 0r I will provide a check, fiom another account that I designate. With regard t0 payrmnts Imde by autormtic withdrawals fiommy account, I have the light t0 (1) stop payrmnt ofa preauthon'zed autormtic withdrawal, 0r (i1) revoke my prior authofization for autormtic withdrawals with regard t0 all finther payrmnts under this Note, by notifying the financial institutionWhere my account is held, orally 0r in writing at least three (3) business days before the scheduled date 0fthe transfer. I agree t0 notify you orally 0r in writing at least three (3) business days before the scheduled date 0fthe transfer, 0fthe exercise ofmy light t0 stop a payrmnt 0r t0 revoke my prior authofization for finther autormtic withdrawals. 8. Default and Remedies. IfI fiil t0 Imke any payrmnt When due in the Imnner required by Paragraph 7, I will be delinquent. IfI (a) am delinquent, (b) file 0r have instituted against me a bankruptcy 0r insolvency proceeding 0r Imke any assignrmnt for the benefit ofcreditors, 0r (c) in the event ofmy death, youmay inyour sole discretion deemme in defiult and accelerate the Imturity 0fthis Note and declare all principal, interest and other charges due under this Note imrmdiately due and payable. Ifyou deemrm in defiult due t0 delinquency and ifyou exercise the termdy ofacceleration, you will use reasonable efi‘orts t0 provide prior notice ofacceleration 9. Prepayrm nts. I Imy prepay this Note in filll or in part at any firm without pemlty. I ackmwledge flat patfialprepaytmnts will not change the due date or amount ofmy monthly paynbnt 10. Waivers. YouImy accept late payn'bnts or partial paytmnts, even though marked ‘baid in filll," without losing anyrights under this Note, and you Imy delay enfincing any ofyour 11'ng under this Note without losing them You do not have to (a) detmnd payrmnt ofamounts dlm (known as 'presentrmnt'fi, (b) g've notice that annunts due have not been paid (known as "mtice ofdishonor"), or (c) obtain an oficial certification of mnpaylmnt (known as 'brotest"). I hereby waive presenttmnt, notice ofdishonor and protest. Even ifi at a tine WhenI am in defiult, you d0 not require 1m to pay iIrIrBdiately in fill] as described above, you will S1111 have the right t0 do so ifI am in defiult at a later tiIm. Neither your fiilure to exercise any ofyour fights, nor your delay in enfbrcing or exercising any ofyour riglts, will waive those fights. Furthenmre, ifyou waive any fight under this Note on one occasion, that waiver Will not operate as a waiver as to any other occasion 11. Insufi‘lcient Funds Chalge. IfI attempt to Imke a payment, whether by automated Withdrawal fiommy desigmted account or by other Imans, and the payment canmt be Imde dw to (1) insuficient finds inmy account, (i1) the closure, clunge or imccessibflity ofmy account without my having notified you as provided in Paragraph 7, or (iil) fbr any other reason (other than an error by you), I Will pay you an additional fee of $15.00 1hr each returned or fifled autormted Withdrawal 0r other item, unless prohibited by applicable law. I Will pay this fee when it is assessed. 12. Attomeys' Fees. To the extent pernitted by law, I amliable t0 you for your legal costs ifyou refer collection ofmy loan to a lawyer Who is not your salaried errployee. These costs Imy include reasomble attomeys' fees as well as costs and expenses ofany 1691 action 13. Loan Charges. Ifa law that applies t0 my loan and sets Imximlmloan charges is fimlly interpreted so tIBt the interest or other loan charges collected or to be collected in connection With my loan exceed the permitted limits, them (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted linit; and (b) any suns already collected fiomme flat exceeded pcmitted limits willbe refimded t0 1m. YouImy choose to Imke this refimd by reducing the principall owe under this Note 0r by Imking a direct payrmnt t0 1m. 14. AssignIIBnt. I Imy not assign any ofmy obligtions under this Note withow; your written permission YouImy assign this Note at any tiIIE Without mypennission Unless prohibited by applicable law, yourmy do so without telling 1m. My obligtions under this Note apply to all ofmy heirs and pennittcd assigns. Your riglts under this Note apply to each ofyour successors and assigns. 15. Notices. All notices and other comnmications hereunder shall be given in writing and shall be deermd to fave been duly given and eflecfive (1) upon receipt, ifdelivered in person 0r by facsimile, ermil or other electronic transmission, 0r (i1) one day afier deposit prepaid for overniglt delivery with a nafioml ovemiglt express delivery service. Except as expressly provided otherwise in this Note, notices t0 1m rmy be addressed to my reg'stered ermil address or t0 my address set ibrth above unless I provide you with a difierent address for notice by giving notice pursuant to this Paragraph, and notices to you trust be addressed t0 WebBank at legngprosmncom 0r c/o Prosper Marketplace, Inc., 221 Main Street, Third Floor, San Framisco, CA 94105, Attention: L691 Depalfimm. 16. Goveming Law. This Note is governed by federal law and, to the extent tlnt state law applies, the laws ofthe State ofUtah 17. Miscellaneous. N0 provision ofthis Note shall be modified or limited except by an agreennnt signed by both you and rm. The unenforceabflity ofany provision ofthis Note shall not afict the enforceability or validity ofany other provision ofthis Note. 18. Arbitration RESOLUTION OF DISPUTES: I HAVEREAD THIS PROVISION CAREFULLY, AND UNDERSTAND 'IHAT IT LIMITSMYRIGHIS IN THE EVENT OF A DISPUTEBETWEEN YOUAND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECI‘ THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW. (a) In this Resolution ofDisputes provision (1) 'T', "me" and "my" Iman the pronisor under this Note, as well as any person claiming through such promisor, (i1) "You" and "your" rman WebBank, any person servicing this Note for WebBank, any subsequent holders ofthis Note or any interest in this Note, any person servicing this Note fin such subsequent holder ofthis note, and each oftheir respective parents, subsidian'es, afiliates, predecessors, successors, alxl assigns, as well as the oficers, directors, and employees ofeach ofthem; am (ii1) 'Claim" Imans any dispute, claim, 0r controversy (Whether based 0n contract, tort, intentionaltort, constitution, statute, ordinance, commn law, 0r equity, Whether pre-existing present, or filture, and Whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Note or the relatiomhip betweenyou and 1m (including claims an'sing prior to 0r afier the date 0fthe Note, and claims that are cuITently the subject ofpurported class action litigation in WhichI am not a Imnber ofa certified class), and includes clairrs that are brougrt as counterclaim, cross claims, third party claims or otherwise, as well as disputes about the validity 0r enforceability ofthis Note or the validity 0r enfbrceability 0fthis Section (b) Any Claim shall be resolved, upon the election ofeither you or 1m, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable atbitration rules ofthe administrator in efiect at the tiIrE a Claim is filed ('Rules"). Any arbitration under this arbitration agmement will take place on an individual basis; class arbitrations and class actions am not pemitted IfI file a claim, I Imy choose the administrator; ifyou file a claim, youImy choose the administrator, but you agree t0 clunge t0 the other permitted administrator at myrequest (assuming that the other administrator is available). I can obtain the Rules ale other inforrmtion about initiating arbiuationby contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. Your address for serving any arbitration demand or claim is WebBank, c/o Prosper Marketplace, Inc., 221 Main Street, Third Floor, San Francisco, CA 94105, Attention: Legal Department. (c) Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years' experience. You agree not to invoke your right to elect arbitration of an individual Claim filed by me in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court. (d) You will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and you will consider my request to pay any additional arbitration costs. If an arbitrator issues an award in your favor, I will not be required to reimburse you for any fees you have previously paid to the administrator or for which you are responsible. If I receive an award from the arbitrator, you will reimburse me for any fees paid by me to the administrator or arbitrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives me the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration. (e) Any in-person arbitration hearing will be held in the city with the federal district court closest to my residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's cost, regardless of its outcome. However, you will consider any reasonable written request by me for you to bear the cost. (f) YOU AND I AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and I agree otherwise in writing, the arbitrator may not consolidate more than one person's claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph (f) shall be determined exclusively by a court, and not by the administrator or any arbitrator. (g) If any portion of this Section 18 is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph (f) of this Section 18 is deemed invalid or unenforceable in whole or in part, then this entire Section 18 shall be deemed invalid and unenforceable. The terms of this Section 18 will prevail if there is any conflict between the Rules and this section. (h) YOU AND I AGREE THAT, BY ENTERING INTO THIS NOTE, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND I ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT). (i) I understand that I may reject the provisions of this Section 18, in which case neither you nor I will have the right to elect arbitration. Rejection of this Section 18 will not affect the remaining parts of this Note. To reject this Section 18, I must send you written notice of my rejection within 30 days after the date that this Note was made. I must include my name, address, and account number. The notice of rejection must be mailed to WebBank, c/o Prosper Marketplace, Inc., 221 Main Street, San Francisco, CA 94105, Attention: Legal Department. This is the only way that I can reject this Section 18. (j) You and I acknowledge and agree that the arbitration agreement set forth in this Section 18 is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Section 18. This Section 18 shall survive the termination of this Note and the repayment of any or all amounts borrowed thereunder. (k) This section shall not apply to covered borrowers as defined in the Military Lending Act. 19. Electronic Transactions. THIS NOTE INCLUDES YOUR EXPRESS CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE PARAGRAPH ENTITLED "CONSENT TO DOING BUSINESS ELECTRONICALLY" AS DISCLOSED IN PROSPER'S TERMS OF USE ON PROSPER.COM, THE TERMS AND CONDITIONS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN IN THEIR ENTIRETY. YOU EXPRESSLY AGREE THAT THIS NOTE MAY COMPRISE A "TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT. 20. Registration of Note Owners. I have appointed Prosper Funding LLC as my authorized agent (in such capacity, the "Note Registrar") to maintain a book-entry system (the "Register") for recording the beneficial owners of interests in this Note (the "Note Owners"). The person or persons identified as the Note Owners in the Register shall be deemed to be the owner(s) of this Note for purposes of receiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its beneficial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. 21. State Notices California Residents Married registrants Imy apply for a separate account. As required by law, I am hereby notified that a negative credit report reflecting 0nmy credit record Imy be submitted t0 a credit reporting agency ifI fiil t0 fillfill the terns ofmy credit obligations. Iowa Residents NOTICE TO CONSUMER 1. D0 not sign this paper before you read it. 2. You are entitled t0 a copy 0fthis paper. 3. You Imy prepay the unpaid balance at any time Without penalty and Imy be entitled t0 receive a refimd ofunearned charges in accordance With law. HVIPORTANT: READ BEFORE SIGNING. The terns 0f this agreement should be read carefully because only those terns in writing are enforceable. N0 other terns 0r oml prom'ses not contained in this written contract Imy be legally enforced. I Imy change the terns 0f this agreement only by anotherwritten agreement. Kansas Residents NOTICE TO CONSUMER 1. D0 not sign this agreeImnt before you read it. 2. You are entitled t0 a copy 0fthis agreeImnt. 3. You Imy prepay the unpaid balance at any tirm without penalty. Missouri Residents Oral 0r unexecuted agreements 0r comm'tments t0 loan money, extend credit 0r t0 forbear from enforcing repayment 0f a debt including prom'ses t0 extend 0r renewsuch debt are not enforceable. T0 protect me (b0rr0vse1(s)) and you (creditor) from nisunderstanding 0r disappointment, any agreements we reach covering such Imtters are contained in this writing, which is the couplete and exclusive statement 0f the agreement between us, except as we Imy later agree in writing t0 modify it. Nebraska Residents A credit agreeImnt trust be in writing t0 be enforceable under Nebraska law. T0 protect you and rm fiom any misunderstandings 0r disappointrmnts, any contract, promise, undertaking, 0r ofl‘er t0 forebear repayrmnt ofmoney 0r t0 Imke any other financial accommdation in connection with this loan ofmoney 0r grant 0r extension ofcredit, 0r any amendnnnt ofl camellation ofl waiver ofl 0r substitution for any 0r all 0f the terns 0r provisions ofany instrurmnt 0r document executed in connection With this loan ofmoney 0r grant 0r extension ofcredit, Imst be in writing t0 be efl'ective. New Jersey Residents Because certain provisions 0fthis Note are subject t0 applicable laws, they Imy be void, unenforceable 0r inapplicable in some jun'sdictions. None 0fthese provisions, however, is void, unenforceable 0r inapplicable inNeW Jersey. Ohio Residents The Ohio laws against discrimination require that all creditors Imke credit equally available t0 all credit worthy customers, and that credit reporting agencies Imintain separate credit histories 0n each individual upon request. The Ohio civil rights commission administers compliance with this law. Utah Residents As required by Utah law, I am hereby notified that a negative credit report reflecting 0nmy credit record Imy be submitted t0 a credit reporting agency ifI fiil t0 fulfill the terns ofmy credit obligations. This Note is the final expression 0fthe agreement between the parties and Imy not be comradicted by evidence ofany alleged oral agreement. Was ' 0n Residents For prilmrily non-consurmr pmpose loans: Oral agreements 0r oral comnitrmnts t0 loan money, extend credit 0r t0 forbear fiom enforcing repayrmnt 0fa debt are not enforceable under Washington law. Wisconsin Residents N0 provision ofa Imrital property agreeImnt, a unilateral statemnt 0r a court decree adversely afl'ects the interest 0fthe creditor unless the creditor, prior t0 the time the credit is granted, is furnished a copy 0fthe agreeImnt, statement 0r decree 0r has actual knowledge 0fthe adverse provision When the obligation t0 the creditor is immed. 22. Military Lending Act. The Military Lending Act provides specific protections for active duty service Imnbers and their dependents in consurmr credit transactions. This Section includes information 0n the protections provided t0 covered borrowers as defined in the Military Lending Act. (a) Statement ofMAPR Federal law provides important protections to members of the 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 of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). (b) Section 18 of this Note shall not be applicable to, and shall not be enforceable against, a covered borrower as defined in the Military Lending Act (c) Oral Disclosures. Please call 1-855-993-2967 to obtain oral disclosures, including the statement of MAPR and the payment schedule applicable to your loan, required under the Military Lending Act. 23.By signing this Note, I acknowledge that I (i) have read and understand all terms and conditions of this Note, (ii) agree to the terms set forth herein, and (iii) acknowledge receipt of a completely filled-in copy of this Note. Wisconsin Residents: NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (b) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (c) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Date: March 22 2019 By: Prosper Marketplace, Inc. Attorney-in-Fact for SALVACION S SATUITO [Borrower] (Signed Electronically) Last Updated: June 2018 EXHIBIT B rslnalre lastname middlena LoanlD Accountl Borrower AmunP DPD Schedule Payment Expecmd CleatedD Modied Modied Versionst VersionE VersionV NexIPay NextPey BelDahe Pn'nBal IntBaI LaheFeeB NSFFeeB IntBelDail Servicing Senleme LoanExhe LoanExm chevge_o me nfermetio Smedlnt aeDue dMomhly D o MaturilyD ate Date User anDahe ndDete alidBit mentDue memDue el al yAwruel PerentTr nSIatuel neionstat nsionTer ff_Date nDate ereetRab Payment nth ue ate Date Amount ansadion D uelD m Amount ID SALVACI SATUITO S -3420 2019‘03- 0.1 154 O 0 395.94 22 2022-03- 2019-03- 2019-03- 2019-03- 2019-03- 1 2019-04- 395.94 2019‘03- 12m0 0 0 0 D 2020-01- ON 21 22 21 21 21 21 22 22 20 08:06:2E 08:06:29 08:06:23 08:06:29 SALVACI SATUITO s .3420 2019-03- 0.1 154 0 D 395.94 22 2022-03- 2019-03- 2019-03- 2019-03- 2019-03- 1 2019-04- l) 2019-03- 12000 D D 0 3.793913 0 0 2020-01- ON 21 22 21 21 21 21 22 22 20 08:06:29 23:01:31 08:06:29 23:01:31 SALVACI SATUITO s .3420 2019-03- 0.1 154 0 0 395.94 22 2022-03- 2019-03- 2019-04- 2019-03- 2019-04- 1 2019-04- 395.94 2019-03- 12000 0 0 0 3.793913 0 0 2020-01- ON 22 22 21 21 21 21 22 22 20 23:01:31 20:42:01 23:01:31 20:42:01 gLVACI SATUITO s -3420 219-O4- 0.1 154 0 0 395.94 22 22203- 2019-04- 2019-04- 2019-04- 2019-04- 1 ggw-M- D g219-04- 11721.61 0 0 0 3.105915 0 0 82001- 20:42:01 22:43:39 20:42:01 22:43:39 gaLVACI SATUITO S -3420 gg19-04- 0.1 154 0 0 395.94 22 22203- 2019-04- 2019-05- 2019-04- 2019-05- 1 3319-05 395.94 gg19-04- 11121.61 3.11 0 0 3.105915 0 0 3820-01- 22:43:39 21:52:01 22:43:39 21:52:01 SALVACI SATUITO S .3420 2019-05- 0.1 154 0 0 395.94 22 2022-03- 2019-05- 2019-05- 2019-05- 2019-05- 1 2019-05- 0 2019-05- 1143631 0 0 0 3.615944 0 0 2020-01- ON 22 22 21 22 21 22 22 22 20 21:52:01 22:50:52 21:52:01 22:50:52 SALVACI SATUITO S .3420 2019-05- 0.1 154 0 0 395.94 22 2022-03- 2019-05- 2019-06- 2019-05- 2019-06- 1 2019-06- 395.94 2019-05- 1143631 3.62 0 0 3.615944 0 0 2020-01- ON 23 22 22 21 22 21 22 23 20 22:50:52 21:14:37 22:50:52 21:14:37 SALVACI SATUITO S -3420 2019-w- 0.1 154 0 0 395.94 22 2022-03- 2019-06- 2019-06- 2019-06- 2019-06- 1 2019-06- 0 2019-w- 11153.07 0 0 0 3.526204 0 0 2020-01- ON 22 22 21 22 21 22 22 22 20 21:14:37 22:41:21 21:14:37 22:41:21 gLVACI SATUITO s .3420 gg19-06- 0.1 154 0 0 395.94 22 22203- 2019-06- 2019-01- 2019-06- 2019-01- 1 gg19-01- 395.94 31906- 11153.01 3.52 0 0 3.526204 0 0 3320-01- 22:41:21 21:33:31 22:41:21 21:33:31 3%LVACI SATUITO s .3420 2194”- 0.1 154 0 0 395.94 22 $222413- 2019-01- 2019-01- 2019-01- 2019-01- 1 3219-01 0 21901 10862.91 0 0 0 3.434465 0 0 3820-01- 21:33:31 01:25:50 21:33:31 01:25:50 SALVACI SATUITO s .3420 2019-01- 0.1 154 0 0 395.94 22 :222-03- 2019-01- 2019-08- 2019-01- 2019-08- 1 gg19-OB- 0 219-01 10862.91 3.44 0 0 3.434465 0 0 3820-01-ON 23 01:25:50 23:51:38 01:25:50 23:51:38 SALVACI SATUITO S -3420 2019‘08- 0.1 154 0 0 395.94 22 2022-03- 2019-08- 2019-08- 2019-08- 2019-08- 1 2019-08- 0 2019‘08- 10573.44 0 0 0 3.342945 0 0 2020-01- ON 22 22 21 23 21 23 22 22 20 23:51:38 14:00:46 23:51:38 14:00:46 SALVACI SATUITO s .3420 2019-03- 0.1 154 0 0 395.94 22 2022-03- 2019-09- 2019-09- 2019-08- 2019-09- 1 2019-09- 395.94 2019-08- 1093.44 3.34 0 0 3.342945 0 0 2020-01- ON 23 22 23 22 23 22 22 23 20 14:00:46 00:50:51 14:00:46 00:50:51 SALVACI SATUITO S .3420 2019-09- 0.1 154 0 0 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-09- 0 2019-09- 10281.13 0 0 0 3.250521 0 0 2020-01- ON 22 22 22 23 22 23 22 22 20 00:50:51 03:51:18 00:50:51 03:51:18 SALVACI SATUITO S .3420 2019-09- 0.1 154 0 0 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-10- 395.94 2019-09- 10281.13 3.25 0 0 3.250521 0 0 2020-01- ON 23 22 23 26 22 23 20 03:51:18 08:12:55 03:51:18 08:12:55 gaLVACI SATUITO S .3420 31900 0.1 154 0 0 395.94 22 32203- 2019-09- 2019-09- 2019-09- 2019-09- 1 3319-10- 395.94 21909- 10513.44 111 0 0 3.342945 0 0 3320-01- 08:12:55 06:12:57 08:12:55 06:12:57 SALVACI SATUITO S .3420 2019-09- 0.1 154 395.94 4 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-09- 395.94 2019-09- 1053.44 111 0 15 3.342945 2093900 0 0 2020-01- ON 26 22 2 27 2 27 22 26 81 20 08:12:57 04:47:07 08:12:57 04:47:07 SALVACI SATUITO S .3420 2019-09- 0.1 154 395.94 5 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-09- 395.94 2019-09- 10513.44 120.35 0 15 3.342945 0 0 2020-01- ON 27 22 27 28 27 28 22 27 20 04:47:01 03:22:54 04:47:01 03:22:54 SALVACI SATUITO S -3420 2019-09- 0.1 154 395.94 6 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-09- 395.94 2019-09- 10573.44 13.69 0 15 3.342945 0 0 2020-01- ON 26 22 23 29 23 29 22 28 20 03:2:54 04:35:04 03:22:54 04:35:04 SALVACI SATUITO s .3420 2019-09- 0.1 154 395.94 1 395.94 22 2022-03- 2019-09- 2019-09- 2019-09- 2019-09- 1 2019-09- 395.94 2019-09- 10513.44 121.03 0 15 3.342945 0 0 2020-01- ON 29 22 29 30 29 30 22 29 20 04:35:05 05:53:03 04:35:04 05:53:03 3%LVACI SATUITO S .3420 g819-09- 0.1 154 395.34 8 395.94 22 22203- 2019-09- 2019-10- 2019-09- 2019-10- 1 3219-03 335.94 g819-09- 1053.44 130.38 0 15 3.342945 0 0 3820-01- 05:53:03 03:46:26 05:53:03 03:46:26 gaLVACI SATUITO S -3420 301940- 0.1 154 395.94 9 395.94 22 ggZ2-O3- 2019-1 0- 2019-10- 2019-1 O- 2019-10- 1 g319-09- 395.94 301940- 10573.44 133.72 0 15 3.342945 0 0 32001- 03:46:26 03:36:1 0 03:46:26 03:36:1 0 SALVACI SATUITO S -3420 2019‘10- 0.1 154 395.94 10 395.94 22 2022-03- 2019-1 0- 2019-10- 2019-1 O- 2019-10- 1 2019-09- 395.94 2019‘10- 10573.44 137.06 0 15 3.342945 0 0 2020-01- ON 02 22 02 03 02 03 22 02 20 03:36:10 02:16:51 03:36:10 02:16:51 SALVACI SATUITO s .3420 2019-10- 0.1 154 395.94 11 395.94 22 2022-03- 2019-10- 2019-10- 2019-10- 2019-10- 1 2019-09- 395.94 2019-10- 1093.44 140.4 0 15 3.342945 0 0 2020-01- ON 03 22 03 04 03 04 22 03 20 02:16:51 03:57:44 02:16:51 03:57:44 SALVACI SATUITO S .3420 2019-10- 0.1 154 395.94 12 395.94 22 2022-03- 2019-10- 2019-10- 2019-10- 2019-10- 1 2019-09- 395.94 2019-10- 1053.44 143.15 0 15 3.342945 0 0 2020-01- ON 04 22 04 05 04 05 22 04 20 03:5:44 06:00:21 03:5:44 06:00:21 SALVACI SATUITO S .3420 2019-10- 0.1 154 395.94 13 395.94 22 2022-03- 2019-10- 2019-10- 2019-10- 2019-10- 1 2019-09- 395.94 2019-10- 1053.44 147.09 0 15 3.342945 0 0 2020-01- ON 05 22 05 06 05 22 05 20 06:00:28 05:03:45 06:00:27 05:03:45 gLVACI SATUITO S .3420 3219-10 0.1 154 395.94 14 395.94 22 22203- 2019-10- 2019-10- 2019-10- 2019-10- 1 gg19-09- 395.94 3219-10 1053.44 150.43 0 15 3.342945 0 0 32001- 05:03:45 02:48:26 05:03:45 02:48:26 3%LVACI SATUITO S .3420 3919-10 0.1 154 395.94 15 395.94 22 2222-03 2919-10- 2019-10- 2919-10- 2019-10- 1 21909 395.94 3919-10- 1053.44 153.18 0 15 3.342945 0 0 82001- 02:48:26 02:15:11 02:48:26 02:15:11 gLVACI SATUITO S .3420 331940- 0.1 154 415.14 16 395.94 22 22203- 2019-10- 2019-10- 2019-10- 2019-10- 1 $219439- 395.94 3319-10 1053.44 15.12 19.8 15 3.342945 0 0 82001- 02:15:12 05:28:31 02:15:11 05:28:31 SALVACI SATUITO s .3420 2019-10- 0.1 154 415.14 11 395.94 22 2022-03- 2019-10- 2019-10- 2019-10- 2019-10- 1 2019-09- 395.94 2019-10- 1053.44 160.46 19.3 15 3.342945 0 0 2020-01- ON 09 22 09 10 09 10 22 09 20 05:23:31 06:04:01 05:23:31 06:04:01 gLVACI SATUITO -3420 $81 9-10- 0.1 154 415.14 18 395.94 22 22203- ?019-1 0- $21 9-1 0- 3019-1 0- $21 9-1 0- ggw-OQ- 395.94 81 9-10- 105344 163.81 19.8 15 3.342945 3820-01 - 06:04:08 03:24:44 06:04:07 03:24:44 SALVACI SATUITO -3420 201 9-10- 0.1 154 415.74 19 395.94 22 2022-03- 2019-1 O- 201 9-1 0- 2019-1 O- 201 9-1 0- 2019-09- 395.94 201 9-10- 10573.44 167.1 5 19.8 15 3.342945 2020-01 - ON 11 22 1 1 12 1 1 12 22 11 20 03:24:44 02:29:27 03:24:44 02:29:27 SALVACI SATUITO -342o 201 9-10- 0.1 154 415.74 20 395.94 22 2022-03- 2019-1 0- 201 9-1 0- 2019-1 O- 201 9-1 0- 2019-09- 395.94 201 9-10- 10573.44 170.49 19.8 15 3.342945 2020-01 - ON 12 22 12 13 12 13 22 12 20 02:29:27 05:04:24 02:m:27 05:04:24 SALVACI SATUITO .3420 201 9-10- 0.1 154 415.74 21 395.94 22 2022-03- 2019-1 o- 201 9-1 0- 2019-1 0- 201 9-1 0- 2019-09- 395.94 201 9-10- 105344 173.93 19.8 15 3.342945 2020-01 - ON 13 22 13 14 13 14 22 13 20 05:04:24 03:37:39 05:04:24 03:37:39 gLVACI SATUITO I3420 221 9-10- 0.1 154 415.74 22 395.94 22 :222-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- :219-09- 395.94 221 9-10- 10573.44 177.1 8 19.8 15 3.342945 82001 - 03:37:39 03:34:17 03:37:39 03:34:17 gaLVACI SATUITO -3420 2g1 9-10- 0.1 154 415.74 23 395.94 22 $322473- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- 3219-09- 395.94 2g1 9-10- 10573.44 180.52 19.8 15 3.342945 3320-01 - 03:34:17 03:39:28 03:34:17 03:39:28 SALVACI SATUITO -342o 201 9-10- 0.1 154 415.74 24 395.94 22 2022-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- 2019-09- 395.94 201 9-10- 10573.44 183.96 19.8 15 3.342945 2020-01 - ON 16 22 16 17 16 17 22 16 20 03:39:29 06:52:50 03:39:29 06:52:50 SALVACI SATUITO .3420 201 9-10- 0.1 154 415.74 25 395.94 22 2022-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- 2019-09- 395.94 201 9-10- 105344 187.21 19.8 15 3.342945 2020-01 - ON 17 22 17 1B 17 1B 22 17 20 06:52:50 03:51 :30 06:52:50 03:51 :30 SALVACI SATUITO -3420 201 9-10- 0.1 154 415.74 26 395.94 22 2022-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- 2019-09- 395.94 201 9-10- 10573.44 190.55 19.8 15 3.342945 2020-01 - ON 19 22 1B 19 1B 19 22 19 20 03:51 :31 04:52:01 03:51 :30 04:52:01 gLVACI SATUITO I3420 231 9-10- 0.1 154 415.74 27 395.94 22 22203- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- gg19-09- 395.94 231 9-10- 10573.44 193.99 19.9 15 3.342945 3320-01 - 04:52:01 07:47:1 9 04:52:01 07:47:1 9 gLVACI SATUITO -3420 :81 9-10- 0.1 154 415.74 29 395.94 22 :222-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- gg19-09- 395.94 :81 9-10- 10573.44 197.23 19.9 15 3.342945 $32001 - 07:47:19 03:22:35 07:47:19 03:22:35 SALVACI SATUITO -3420 201 9-10- 0.1 154 415.74 29 395.94 22 2022-03- 2019-1 0- 201 9-1 0- 2019-1 0- 201 9-1 0- 2019-09- 395.94 201 9-10- 105344 200.58 19.8 15 3.342945 2020-01 - 0N 21 22 21 22 21 22 22 21 20 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22:30:57 23:16:39 22:30:57 23:16:39 gaLVACI SATUITO -3420 2219-12- 0.1 154 1262.22 35 395.94 22 $322473- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 3219-09- 395.94 2219-12- 10573.44 337.78 59.4 15 3.342945 32001- 23:16:39 22:37:05 23:16:39 22:37:05 SALVACI SATUITO -342o 2019-12- 0.1 154 1262.22 36 395.94 22 2022-03- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 2019-09- 395.94 2019-12- 10573.44 391 .13 59.4 15 3.342945 2020-01- ON 17 22 1 6 1 7 1 6 1 7 22 17 20 22:37:05 21:47:18 22:37:05 21:47:18 SALVACI SATUITO .3420 2019-12- 0.1 154 1262.22 87 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 394.47 59.4 15 3.342945 2020-01- ON 18 22 1 7 1 8 1 7 1 8 22 18 20 21:47:13 22:26:57 21:47:13 22:26:57 SALVACI SATUITO -3420 2019-12- 0.1 154 1262.22 BB 395.94 22 2022-03- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 2019-09- 395.94 2019-12- 10573.44 397.81 59.4 15 3.342945 2020-01- ON 19 22 1 B 20 1 B 20 22 19 20 22:26:57 02:17:56 22:26:57 02:17:56 gLVACI SATUITO -3420 g819-12- 0.1 154 1262.22 39 395.94 22 22203- 2019-12- 2019-1 2- 2019-12- 2019-1 2- gg19-09- 395.94 E81942 1053.44 401 .15 59.4 15 3.342945 3320-01- 02:17:56 00:32:33 02:17:56 00:32:33 SALVACI SATUITO -3420 2019-12- 0.1 154 1262.22 90 395.94 22 2022-03- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 2019-09- 395.94 2019-12- 1053.44 404.5 59.4 15 3.342945 2020-01- ON 21 22 21 22 21 22 22 21 20 00:32:34 01:07:25 00:32:33 01:07:25 SALVACI SATUITO -3420 2019-12- 0.1 154 1262.22 91 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 407.84 59.4 15 3.342945 2020-01- ON 22 22 22 22 22 22 22 22 20 01:07:25 23:33:10 01:07:25 23:33:10 SALVACI SATUITO -3420 2019-12- 0.1 154 1653.16 92 395.94 22 2022-03- 2019-1 2- 2019-1 2- 2019-12- 2019-1 2- 2019-09- 395.94 2019-12- 1053.44 41 1 .13 59.4 15 3.342945 2020-01- ON 23 22 22 23 22 23 22 23 20 23:33:10 22:30:44 23:33:10 22:30:44 SALVACI SATUITO .3420 2019-12- 0.1 154 1653.16 93 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 414.53 59.4 15 3.342945 2020-01- ON 24 22 23 24 23 24 22 24 20 22:30:44 23:01 :43 22:30:44 23:01 :43 SALVACI SATUITO .3420 2019-12- 0.1 154 1653.16 94 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 417.37 59.4 15 3.342945 2020-01- ON 25 22 24 25 24 25 22 25 20 23:01 :44 23:23:21 23:01 :43 23:23:21 gLVACI SATUITO -3420 g219-12- 0.1 154 1653.16 95 395.94 22 22203 2019-12- 2019-12- 2019-12- 2019-12- g219-09- 395.94 g219-12- 1053.44 421 .21 59.4 15 3.342945 82001- 23:23:21 22:31:06 23:23:21 22:31:06 gaLVACI SATUITO I3420 E91942 0.1 154 1653.16 96 395.94 22 $322473- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 3219-09- 395.94 E91942 10573.44 424.56 59.4 15 3.342945 3320-01- 22231 :06 22:20:49 22:31 :06 22:20:49 SALVACI SATUITO .3420 2019-12- 0.1 154 1658.16 97 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 427.9 59.4 15 3.342945 2020-01- ON 28 22 27 28 27 28 22 28 20 22:20:49 23:12:39 22:20:49 23:12:39 SALVACI SATUITO .3420 2019-12- 0.1 154 1658.16 98 395.94 22 2022-03- 2019-12- 2019-12- 2019-12- 2019-12- 2019-09- 395.94 2019-12- 1053.44 431 .24 59.4 15 3.342945 2020-01- ON 29 22 23 29 23 29 22 29 20 23:12:40 22:53:24 23:12:39 22:53:24 SALVACI SATUITO -3420 2019-12- 0.1 154 1653.16 99 395.94 22 2022-03- 2019-12- 2019-1 2- 2019-12- 2019-1 2- 2019-09- 395.94 2019-12- 10573.44 434.53 59.4 15 3.342945 2020-01- ON 30 22 29 31 29 31 22 30 20 22:53:24 02:12:10 22:53:24 02:12:10 gLVACI SATUITO I3420 3019-12 0.1 154 1653.16 100 395.94 22 $22-03 2019-12- 2020-01- 2019-12- 2020-01- gg19-09- 395.94 3019-12- 10573.44 437.93 59.4 15 3.342945 3320-01- 02:12:11 00:09:16 02:12:10 00:09:16 3ANLVACI SATUITO -3420 3020-01- 0.1 154 1658.16 101 395.94 22 :222-03- 2020-01- 2020-01- 2020-01- 2020-01- 3219-09- 395.94 3020-01- 1053.44 441 .27 59.4 15 3.342945 3820-01- 00:09:16 23:26:44 00:09:16 23:26:44 SALVACI SATUITO -3420 2020-01- 0.1 154 1653.16 102 395.94 22 2022-03- 3020-01- 2020-01- 2020-01- 2020-01- gg19-09- 395.94 ggZO-m- 1053.44 444.61 59.4 15 3.342945 3820-01-ON 02 22 23:26:44 23:01 :47 23:26:44 23:01 :47 SALVACI SATUITO -3420 2020-01- 0.1 154 1653.16 103 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 1053.44 447.96 59.4 15 3.342945 2020-01- ON 03 22 02 03 02 03 22 03 20 23:01 :47 23:57:20 23:01 :47 23:57:20 SALVACI SATUITO .3420 2020-01- 0.1 154 1853.13 104 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 1053.44 451 .3 59.4 15 3.342945 2020-01- ON 04 22 03 05 03 05 22 04 20 23:5:20 00:16:27 23:5:20 00:16:27 SALVACI SATUITO I3420 2020-01- 0.1 154 1653.16 105 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 454.64 59.4 15 3.342945 2020-01- ON 05 22 05 05 05 05 22 05 20 00:16:27 23:33:35 00:16:27 23:33:35 SALVACI SATUITO I3420 2020-01- 0.1 154 1653.16 106 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 457.98 59.4 15 3.342945 2020-01- ON 06 22 05 07 05 22 06 20 23:33:36 00:43:11 23:33:35 00:43:11 gaLVACI SATUITO I3420 3920-01- 0.1 154 1677.96 107 395.94 22 32203- 2020-01- 2020-01- 2020-01- 2020-01- 3219-09- 395.94 g920-01- 10573.44 461 .33 79.2 15 3.342945 3320-01- 00:48:11 01:23:00 00:48:11 01:23:00 gaLVACI SATUITO .3420 ggZo-m- 0.1 154 1677.5 108 395.94 22 322-03 2020-01- 2020-01- 5320-01- 2020-01- g219-09- 395.94 ggZo-m- 1053.44 464.67 79.2 15 3.342945 82001- 01:m:01 22:40:26 01:n:00 22:40:26 gaLVACI SATUITO -3420 3820-01- 0.1 154 1677.96 109 395.94 22 22203- 3320-01- 2020-01- 3320-01- 2020-01- 21309- 39594 gZO-m- 10573.44 463.01 79.2 15 3.342945 82001- 22:40:26 02:43:50 22:40:26 02:43:50 SALVACI SATUITO I3420 2020-01- 0.1 154 1677.96 110 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 471 .36 79.2 15 3.342945 2020-01- ON 10 22 10 11 10 11 22 10 20 02:43:50 01:42:19 02:43:50 01:42:19 gLVACI SATUITO -3420 gZD-m- 0.1 154 1677.96 111 395.84 22 22203- ??20-01- 3320-01- $g20-01- 3220-01- g219-09- 395.94 gZO-m- 1053.44 474.7 79.2 15 3.342945 3820-01- 01:42:19 03:41:48 01:42:19 03:41:48 SALVACI SATUITO -3420 2020-01- 0.1 154 1677.96 112 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 478.04 79.2 15 3.342945 2020-01- ON 12 22 1 2 12 1 2 12 22 12 20 03:41 :4E 22:45:59 03:41 :43 22:45:59 SALVACI SATUITO -342o 2020-01- 0.1 154 1677.96 113 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 4B1 .39 79.2 15 3.342945 2020-01- ON 13 22 1 2 14 1 2 14 22 13 20 22:45:59 02:1 1 :32 22:45:59 02:1 1 :32 SALVACI SATUITO .3420 2020-01- 0.1 154 1677.$ 114 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 1053.44 494.73 79.2 15 3.342945 2020-01- ON 14 22 1 4 1 5 1 4 1 5 22 14 20 02:11:32 01:35:20 02:11:32 01:35:20 gLVACI SATUITO -3420 2g20-01- 0.1 154 1677.96 115 395.94 22 22203- 2020-01- 2020-01- 2020-01- 2020-01- g219-09- 395.94 2g20-01- 10573.44 488.07 79.2 15 3.342945 82001- 01:35:20 00:29:32 01:35:20 00:29:32 SQLVACI SATUITO I3420 2220-01- 0.1 154 1677.96 116 395.94 22 $222433- 2020-01- 2020-01- 2020-01- 2020-01- 3219-09- 395.94 2220-01- 10573.44 491 .41 79.2 15 3.342945 :320-01- 00:29:32 00:39:35 00:m:32 00:38:35 SALVACI SATUITO -3420 2020-01- 0.1 154 1677.96 117 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 494.76 79.2 15 3.342945 2020-01- ON 17 22 1 7 1 B 1 7 1 B 22 17 20 00:38:35 01:13:25 00:38:35 01:13:25 SALVACI SATUITO .3420 2020-01- 0.1 154 1677.96 118 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 1053.44 498.1 79.2 15 3.342945 2020-01- ON 18 22 1 8 1 9 1 8 1 9 22 18 20 01:13:25 00:22:05 01:13:25 00:22:05 SALVACI SATUITO -3420 2020-01- 0.1 154 1677.96 119 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 395.94 2020-01- 10573.44 501 .44 79.2 15 3.342945 2020-01- ON 19 22 1 9 20 1 9 20 22 19 20 00:2:05 00:40:1 9 00:2:05 00:40:1 9 gaLVACI SATUITO I3420 :820-01- 0.1 154 1677.$ 120 395.94 22 22203- 2020-01- 2020-01- 2020-01- 2020-01- gg19-09- 395.94 :820-01- 10573.44 504.79 79.2 15 3.342945 3820-01- 00:40:19 18:17:01 00:40:19 18:17:01 SALVACI SATUITO I3420 2020-01- 0.1 154 1677.$ 120 395.94 22 2022-03- 2020-01- 2020-01- g320-01- 2020-01- g319-09- 395.94 :820-01- 10573.44 508.13 79.2 15 3.342945 $32001-ON 20 22 18:17:01 18:17:20 18:17:01 18:17:20 SALVACI SATUITO -3420 2020-01- 0.1 154 11175.77 120 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 391 .19 2020-01- 1053.44 508.13 79.2 15 3.342945 2020-01- ON 20 22 2 2 20 2 22 20 20 18:17:20 21:55:45 18:17:20 21:55:45 SALVACI SATUITO -3420 2020-01- 0.1 154 11175.77 - 395.94 22 2022-03- 2020-01- 2020-01- 2020-01- 2020-01- 2019-09- 391 .19 2020-01- 10573.44 508.13 79.2 15 3.342945 2020-01- ON 21 22 20 20 20 20 22 21 20 21:55:45 23:14:29 21:55:45 23:14:29 SALVACI SATUITO .3420 2020-01- 0.1 154 11175.77 - 395.94 22 2022-03- 202001- 2020-01- 202001- 2020-01- 2019-09- 391 .19 2020-01- 10573.44 508.13 79.2 15 3.342945 202001- ON 21 22 20 22 20 22 22 21 20 23:14:30 00:44:59 23:14:29 00:44:59 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Eieztnrnlnliy hr Surerltr CHI: rfCalLTfinhfiunhl fl Sun Mm! Christopher D. Mandarich SB 220693 UN 8/1 0/2021 Ajay Sood 33325294 mu g Hayk Stambultsyan $3320973 ' immw” Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: VELOCITYINVESTMENTS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED VELOCITY INVESTMENTS, LLC, Case N0. 21 -CLJ-O4296 Plaintiff, VS FILE BY FAX COMPLAINT FOR: 1. BREACH OF CONTRACT GAYLE GRIFFIN, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $17,284.51 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, VELOCITY INVESTMENTS, LLC, and successor in interest to original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: VELOCITY INVESTMENTS, LLC; 1800 Route 34N Suite 404A , Wall NJ 077 1 9. 3. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. 4. The charge-off creditor at the time 0f charge-off is GOLDEN CAPS TRUST (serviced by Lending Club), 7 1 STEVENSON STSUITE 300, SAN FRANCISCO, CA 94105, and the account number associated with this debt is XXXXX3 135. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action. Exhibit "67" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is GAYLE GRIFFIN , 2035 MEZES AVE , BELMONT, CA 94002. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to 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 of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 to the original creditor, WebBank 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXXXX3135 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay WebBank 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 of last payment 0n the subject account was on February 19, 2019. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-off was 3617,2845 1 , 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 $17,284.5 1. 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, WebBank 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 to 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 WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to 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. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. WebBank extended a credit loan to 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 to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $ 1 7,284. 5 1 . SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem 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 WebBank. Although demand has been made upon Defendant, said amount 0f $17,284.51 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $17,284.51, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 07/20/2021 By: MANDARICH LAW GROUP, LLP r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifi” COMPLAINT-5 0f 5 EXHIBIT A This is a copy of an authoritative document LOAN SUMMARY Loan Id:.3135 Primary Borrower Contact Information Full Real Name: GAYLE GRIFFIN Screen Name: Member- Email: Address: 2035 MEZ ES AVE BELMONT, CA 94002 Cell orWork Phone: Loan Information Loan Issue Date: 5 Original Loan Amount: $3 ‘ . Principle Balance: $16 3 Principle Balance Date: 9/3/19 Payoff Balance: $17,284.52 Payoff Date: 9/4/19 Loan Document S Document Name Dateltime Document Version A Signed 4, L/J 3/17 DT E]/3/17 M PDTV 5/3/17 M PDTElectro1i Tran a tio ~ ns re 5/3/17 M PD 5/3/17 M P l3/17 M P ment 3/ 7 M P ‘+’| DOMENT The authoritative document is maintained by LendingClub Corporation and this copy was created Sep 03 2019 08:01 :1 3 Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower Ag reement (March 2017) The following Borrower Agreement ("Agreement") is between you ("you" and "your" mean each and every borrower, including anyjoint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," 0r "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by Lending Club Corporation ("Lending Club"). lfyou make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms ofthe document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate ifyour loan request is cancelled, withdrawn, or declined. BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. n through the Site. When ubject to your right to money provided by us to : nts or disclosures , Lending Club or any bject to your right to opt out as setoy binding arbitra i- forth below. Each loan request is subject to our credit criter a n effect at th:- ofyour loan request. 2. Account Verification. You understand that ifwe are unable to verily your bank account for any reason, we will cancel your application, your loan request will not be posted on the Site, and this Agreement will be terminated. 3. Loan Requests. You may post a qualifying loan request on the Site. You may not post more than one loan request on the site at a time and you may not have more than two loans outstanding at any given time. You may post a loan request on the Site, and Lending Club investors ("Investors") will be able to review your loan request. Investors may commit to (i) purchase the loan by subsequently acquiring the loan itselffrom us or Lending Club or (ii) invest indirectly in your loan through the purchase ofsecurities issued by Lending Club. You acknowledge that an Investor's commitment to invest in all or a portion ofyour loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, Lendin Club may also choose to invest in all or part ofyour a ~ ut is not obligd to do so. We may elect in our sol ssued if it receives commitments totaling le .REST, 0R (2) THAT N0 later than thirty (30) days after your application is complete, ~ ' tell you ifyour loan is approved and will issue for some or all ofyour requested amount, or is declined, or ifwe are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-ve (45) days to process and issue your loan. lfat any point, you no longer want a loan under your pending loan request, you must notify us in writing ofyour election to terminate your loan request sufciently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance ofthe loan issued and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by other proof or through a third party. By proceeding with the application, you consent to our use of any third-party to verify any information about, or provided by, you. Failure to timely provide this information can result in your loan application being incomplete and closed by us, furthermore, we may terminate consideration ofyour application at any time in our sole discretion. The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to Lending Club a limited power of attorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power ofsubstitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory N0te(s) in the form attached as Exhibit Athat reect- the accepted terms set forth in each of your nal Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan request(s) in the on-line account you have established with Lending Club where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fully to all intents and purposes as you might or could do in person ("Power ofAttorney" ). This Power ofAttorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at or calling 888-596-3157 and closing your account with us; provided, however, ifa loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by Lending Club or its designee acting as your attorney-in-fact, it is deemed executed on your behalfand shall be your valid and binding obligation thereafter. You a ree and acknowlede that Lendin Club is an intended third- nart beneficiar of this Sectio 6 for --uroses ofn . r and your pending loan | q ifying loan requests in the . .- e Ide u ith sufcient advance request will be consider- future in our discretion. -.n YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (|.E. CONSUMMAT ED) UNTILYOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MAT ERIALLY RELYING UPON THIS UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. You may cancel your applica notice to stop the loan funding. 7. Loan Consummation. 8. Military Lending Act. Federal law provides important protections to members ofthe Armed Forces and their dependents relating to extensions ofconsumer credit. In general, the cost ofconsumer credit to a member ofthe Armed Forces and his or her dependent may not exceed an annual percentag- - 6 percent. This r must include, as plicable to the credit transaction o ccount: The costs ' ~ ; fees for an ry products sold i ; any application fee e redi r. n . s, ins nr : charged (other than .Fedr-ll s hatyu r:- . w ' ' required payments. . nreeme tca e n-ers a d y- r pay to 96?. o h=- these disclosures over -6 '5‘ 9. Servicing by Lending Club. You acknowledge and agrer at Le d'ng Club may provide services to us in connection with evaluating your loan requests, and all other aspects of your relationship ' . ending Club will also act as the servicer ofany loan that you obtain. Lending Club may delegate servicing to another entity in its sole discretion without notice. 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions offact in your listing, including but not limited to your loan description; (ii) misrepresent your identity. or describe, present or portray yourself as a person other than yourself: (iii) give to or receive from, or offer or agree to give to or receive from any Lending Club member or other person any fee, bonus, additional interest, kickback or thing ofvalue ofany kind except in accordance with the terms of your loan; (iv) represent yourselfto any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf, (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or (vi) use any ofthe loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose ofpurchasing or carrying any securities; (viii) use the Site to request or obtain a loan for someone other than yourself, and (C) that you have all necessary consents, permissions, acknowledgements or agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verication. You further acknowledge and agree that we may rely without independent verication on the accuracy, authenticity, and completeness ofall information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or Lending Club, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint ApplicantlCoBorrower is Joint and Several. The liability ofanyjoint applicant/co-borrower under this Agreement and under the Loan Agreement and Promissory Note is in addition to and not in lieu ofthe obligations ofthe primary The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. borrower. The joint applicanUco-borrower agrees to abide by the terms and conditions ofthis Agreement, the Loan Agreement and Promissory Note and any other agreement and documents as if an original signatory. We and our successors and assigns have sole discretion to proceed, at any time, against any party responsible under this Agreement. Further, we can accept instructions from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint applicant/co-borrower, and shall be binding on both and deemed received by all parties. 12. TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out ofreceiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, afliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, afliates, or anyone calling on our behalffor any and all purposes arising out ofor relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or articial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and or numbers we can reaso . 2 y asso '.t with your account (throuh skip trace, caller ID capture or other mean with information or alliation, loan and/o a t. -v ~ entthatth t-'i-I -n.- Your cellular or mobile telep e - - .- - '-er will ~ ..rg - ou all. ' g a the typ- oplan you carry. ‘ agre- e-mail, using any email address you have provided to us ort at you provi- - '- between you and our representatives without notice to you . ' . plicable law. For example, we listen to and record calls for quality monitoring purposes. 13. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory Note, or any ofour rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any time. You further understand, acknowledge and agree that Lending Club or another third-party may further sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation ofthis section 13 shall be null and void. We may terminate this Agreement and your ability to make loan requests at any time. If you committed fraud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law. 14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereofand supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. 15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. 16. Notices. All notices and other communications to you hereunder may be given by email to your registered email address or posted on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control ofsuch email account and your area on the Site and that communications from us may contain sensitive, condential, and collectionsrelated communications. lfyour registered email address changes, you must notify Lending Club ofthe change by sending an email to support@lendingclub.com or calling 888-596-3157. You also agree to update your registered residence address and telephone number on the Site ifthey change. 17. N0 WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMIT ED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. 18. LIMITATION ON LIABILITY. IN NO EVENT SHALLWE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIALOR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. 19. Choice of Law. We are located in the state of Utah and this Agreement is entered into in the state of Utah. The provisions ofthis Agreement will be governed by federal laws and the laws ofthe state of Utah to the extent not preempted. without regard to any principle of conicts oflaws that would require or permit the application ofthe laws ofany other jurisdiction. 20. Miscellaneous. The parties acknowledge that there are no third party beneciaries to this Agreement (other than Lending Club). Any waiver of a breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition ofthis Agreement will not constitute a waiver ofsuch term or condition. If at any time alter the date ofthis Agreement, any ofthe provisions ofthis Agreement shall be held by any court ofcompetent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect. but the illegality and unenforceability ofsuch provision shall have no effect upon and shall not impair the enforceability of any other provisions ofthis Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation ofthis Agreement in any way. -nding Act (32 CFR plicable, you do not need shall include any past. present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out ofthis Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any ofthe foregoing, including (except to the extent provided otherwise in the last sentence ofsection 21(f) below) the validity or enforceability ofthis Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless ofwhether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law. or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope ofthis Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out ofthis I oi . '- - 'r- ision for all ptEbses by sending arbitration opt out notice to Wean, c/o Lending Club clearly state that you ar security number; and be - ' c. lfa Claim arises, our goal is to learn about and address your concerns and, ifwe are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before ling any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the ”AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance with, the rules and policies ofthe administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. lfyou have any questions concerning the AAAor would like to obtain a copy ofthe AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. lfyou have any questions concerning JAMS or would like to obtain a copy ofthe JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case ofa conflict between the rules and policies ofthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies ofthe administrator apply. d. Ifwe (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s ling costs and administrative fees (other than hearing fees). If you elect arbitration, ling costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one full clay of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys'fees, except as otherwise provided by law. lfa statute gives you The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. the right to recover any ofthese fees. these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days ofa nal award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules ofthe arbitrator administrator. In the event ofsuch an appeal, any opposing party may cross-appeal within 30 clays after notice ofthe appeal. The panel will reconsider de novo all aspects ofthe initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be nal and binding, except for any appeal right under the Federal Arbitration Act ("FAA"). and may be entered as ajudgment in any court ofcompetent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, ifany, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERALON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN ACOURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration mayjoin, consolidate, or otherwise bring claims for or on behalf oftwo or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations ofthe named parties only, and only with respect to the claims in arbitration, and shall not (a) determine n oligations, or interests ofanyone other than a named party, or resolve a aim of anyone other than a named party; nor o t rd for - - = e etit u ”-st, . - one ot = than a nam- e a . . No ' istrator or arbitrator shall have the power or .: ' ' ther by rule, policy, arbitration decision or ot (f) shall be determined exclusively by a court an- g. This Arbitration Provision is ' v ue governed by and enforceable under the FAA. The arbitrator will apply substantive law con atent with th W and applicable statutes oflimitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect condential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship ofthe parties and/or Lending Club; (ii) the bankruptcy or insolvency ofany party or other person; and (iii) any transfer ofany loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion ofthis Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions ofthis Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective b ' ‘ - n the limitations o uch proceedings i ection 21(f) are nally adjudicate rsuant to the last - El: deemed to authorize an OR JURY UPON ELECTION OF ARBITRATION BY ANY PAR Exhibit A LOAN AGREEMENT AND PROMISSORY NOTE Borrower Member ID: Joint Applicant/Co-Borrower Member ID: $ . 20- For value received, l (referred to herein as "Borrower" which for purposes ofthis Loan Agreement and Promissory Note (the "Note") includes all parties obligated hereunder, including any joint applicanUco-borrower) promise to pay to the order 0fWebBank or any subsequent holder ("you" or "Lender“) ofthis Note the principal sum of ($ ) Dollars with interest as set forth below. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all ofthe terms ofthis Note. Interest Rae. This Note bears interest during each calendar month from the date hereof until paid in full, at a xed rate of (%) per annum. Interest galgglgtign Methgg. Interest is calculated daily on the basis ofa 360-day year with 12 months each ofwhich is 30 days (or 30/360) long, regardless ifa month has more or less than 30 days. This Note shall bear interest on any overdue installment ofprincipal and, to the extent permitted by applicable law, on any overdue installment of interest, at the interest rate stated and as calculated above. The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Payments. Principal and interest is to be paid during and throughout the period of months in the following manner: Payments of principal and interest in the amount of ($ ) Dollars are to be made by the Borrower to the Lender commencing , 20_, and on the same day of each successive month thereafter until , 20_, when the full amount ofunpaid principal, together with unpaid accrued interest is due and payable. Ifthe monthly anniversary is on the 29th, 30th. or Slst ofthe month, and the following month does not have a 29th, 30th, or 31$t day, the monthly payment will be due on the last day ofthe month in which the payment was due. Borrower’s last payment might be of a different amount, which could be higher than the monthly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment after the payment due date. In such cases, the amount ofthe last monthly payment will be adjusted by the amount necessary to repay the loan in full. All payments on this Note are to be made in immediately available lawful money ofthe United States. Borrower may make loan payments either by check, subject to any applicable check processing fee, or Borrower may authorize any Lender to debit Borrower’s designated account by ACH transfer each month, the debit amount may be a range of payments, which would include your monthly principal and int- - .- d fees, ifany. Borrower is responsible for ensuring that all names, account ting or other similar information provided by B- . to ("Directed Accounts") are accurate and comple , claim, fee or other damage or expense Bor h failure was the result n Lender. Borrower . eness ofthe information Borrower has provided. Borr r t ' not Borrower’s designated bank account that Lender may deliver the loan unrceeds into t - a '. ignated bank account to satisfy our obligation ofloan proceed delivery. In all events under this section,IInterest 'I l begin to a rue as date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third-party. lfwe are unable to deliver loan proceeds to the Directed Account(s) or Borrower's designated bank account alter 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. If Borrower elects to make payments by automatic withdrawal, Borrower has the right to stop payment ofthese automatic withdrawals or revoke prior authorization for automatic withdrawals by notifying Lender and Lending Club ofthe exercise of its right to stop a payment or revoke authorization for automatic withdrawals no less than three (3) banking days before Borrower‘s next payment due date. If Borrower elects to make payments by check, Borrower must send the checkl either by regular mail or by overnight mail or UPS delivery to ts payable on the Note, to, and not in limitation payments will be applied to Borrower's obligations as Lender determines in its sole discretion. If this loan is subject to an origination fee, such fee is deducted from the loan proceeds and paid to the Lender. Any origination fee of 5% or less is not refundable regardless of when, or if, the loan is paid in full. Any origination fee amount in excess of 5% is refundable on a prorated basis over the term of the loan when and if the loan is paid in full prior to its maturity date. A partial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower's loan and is subject to the accrual of interest. lfa payment is returned or fails due to insufcient funds in the designated account, Borrower may be charged a fee of$15, to the extent permitted by applicable law. An unsuccessful payment fee may be assessed for each failed attempt, up to three times total for a single payment. The bank that holds Borrower's deposit account may assess its own fee in addition to the fee assessed under this Note. If Borrower’s payment is more than 15 days late, a late fee may be charged in an amount equal to the greater of5% ofthe outstanding payment or $15. to the extent permitted by applicable law. Only one late fee may be charged on each late payment. Any payme nt reggivgg after 12:30 P.M., Mountain Time, on a banking day is deemed received on the next succeeding banking day. Borrower authorizes Lender, and its successors and assigns, to deduct any fees due by ACH transfers initiated to the deposit account on le for Borrower. Ergpayments and Partial Payments. Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment is applied against the principal amount outstanding and does not postpone the due date of any subsequent monthly payment, unless expressly agreed to in writing. If Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments or partial payments, even though The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. marked "paid in full“, without losing any rights under this Note. Any regularly scheduled monthly installment of principal and interest that is received by Lender before the date it is due shall be deemed to have been received on the due date solely for the purpose of calculating interest due. Use of Funds. Borrower certies that the proceeds of the loan will not be used for the purpose of purchasing or carrying any securities or to fund any illegal activity, or to fund any post-secondary educational expenses, including. but not limited to. tuition, fees, books, supplies, miscellaneous expenses, or room and board. Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) les or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benet ofcreditors; (3) commits fraud or makes any material misrepresentation in this Note, or in any other documents, applications or related materials delivered to Lender in connection with its loan or (4) fails to abide by the terms of this Note or the Borrower Agreement. Upon the occurrence ofan Event of Default, Lender may exercise all remedies available under applicable law and this Note, including without limitation demand that Borrower immediately pay all amounts owed on this Note. Lender will report information about Borrower’s account to credit bureaus. Should there be more than one Borrower, Lender will report that loan account to the credit bureaus in the names ofall Borrowers. Late payments, missed payments, or other defaults on an account may be reasonable attorneys’ uns ofthe primary . . is Note or any other agreements or documents provide or executed as part ofthe pplication proc '. , as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. lfa law that applies to the Loan and sets maximum loan charges is nally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to B- Electronic Transactions. DISCLOSURES, WHICH THE NOTE IS A"TRAN- ' COMMERCE ACT AND Registration of Note Owners. I have appointed LendingClub as my agent (in such capacity, the ote Registrar") for the purpose ofmaintaining a book-entry system (the "Register“) for recording the names and addresses ofany future owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its benecial interest in this Note, the right to payment ofprincipal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to Borrower, assign all of its right, title and interest in this Note to any other third-party, and Borrower further understands, acknowledges and agrees that any assignee may sell, assign or transfer the Note and all associated documents and information related to the Note without Borrower's consent or delivery of notice (subject in each case to the registration requirement above). Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender. Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modied, accelerated, compromised, settled or released by Lender. Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be provided electronically to Borrower's account, unless Borrower has opted out ofelectronic delivery and then will be mailed to the addresses then on record. The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. This Note is subject to the arbitration provisions ofthe Borrower Agreement between Lender and Borrower. which is incorporated by reference into this Note. Controlling Law. Lender is located in the State of Utah and this Note is executed and delivered in the State of Utah and is a contract made under such state's law. The provisions ofthis Note will be governed by federal laws and the laws ofthe State of Utah to the extent not preempted, without regard to any principle of conicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity of any other provision ofthis Note. STATE LAW NOT ICES: CALIFORNIA RESIDENTS ONLY: A married applicant may apply for a separate account. If Lender takes any adverse action as dened by § 1785.3 ofthe California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains les on consumers on a nationwide basis. CALIFORNIA AND UTAH RESIDENTS: As required by California and Utah law, Borrower is hereby notified that a negative credit report reecting on Borrower’s credi s may be submitted to a credit reporting agency if Borrower fails to fulfill the te of Borrower's credit obligations. KANSAS: NOTICE TO Co the unpaid balance at an p oft Note. 3. You may prepay MARYLAND RESIDENTS o Title 12 ofthe Maryland Comm- :- ' -nt with ender’s authority under federal law (12 U.S.C. § 85, § 1463(9), or § 1831d, as appr-p iate) and rel n regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MI§§QQRI AND NEBRA§KA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXT END CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LAT ER AGREE IN WRITING TO MODIFY IT. D D application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and ifso, the name and address ofthe agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WASHINQTQN RESIDENTS ONLY: Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower's signature conrms that this loan obligation is being incurred in the interest of Borrower's marriage or family. No provision of any marital property agreement (pre-marital agreement), unilateral statement under § 766.59 ofthe Wisconsin statutes or court decree under § 766.70 adversely affects Lender's interest unless. prior to the time that the loan is approved, Lender is furnished with a copy ofthe marital property agreement, statement, or decree or have actual knowledge of the adverse provision. lfthis loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs to receive notication that credit has been extended to Borrower. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-IN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECT RONICALLY) The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Exhibit B WEBBANK PRIVACY NOTICE FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOURLENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. information can include: o Social Security number and transaction history o Account balances and payment history a Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.I The types of personal information we collect and share depend on the product or service you have with us. This All na ' a ies need to share customers' personal information to run their everyday ness. In the section belo ' cial com anIe can share their/7 customers' perso linformaIo ;the reasons WebBank cho s s to share; andWeam“ RWe can share your personal information Does WebBank share? Can you limit this sharing? For our everydaybusiw- NOtransactions maintain your . ‘ - . legal investigations or report to credit bureaus For our marketing purposes - to offer our products and services YES NO to you For joint marketing with other financial companies YES YES For our affiliates' everyday business purposes - information NO We don't share about your transactions and experiences For our affiliates' everyday business purposes - information NO We don't share about your creditworthiness For our affiliates to market to you NO We don't share For nonaffiliates tomam _We don't share Wrrwrirmrm r m What we do How does WebBank prot - - se we use security measures that comply with federal law. These measures include computer safeguards and secured les and buildings. How does WebBank collect my personal information? We collect your personal information, for example, when you o Open an account or pay us by check o Provide account information or give us your contact information c Show your driver's license We also collect your personal information from others, such as credit bureaus, afliates, or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only o Sharing for afliates' everyday business purposes-information about your creditworthiness o Afliates from using your information to market to you o Sharing for nonafliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account I hold Your choices will apply to everyone on your account - unless you tell jointly with someone else? us otherwise. The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Affiliates Companies related by common ownership or control. They can be nancial and nonnancial companies. o WebBank does not share with our afliates Nonaffiliates Companies not related by common ownership or control. They can be nancial and nonnancial companies. o Nonafliates we share with can include other nancial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. Joint marketing Aformal agreement between nonafliated nancial companies that together market nancial products or services to you. o Our joint marketing partners include nancial services companies, lenders, insurance companies, or other consumer service providers. opy of ri D The original document is owned by LendingClub Corporation and this copy was created on May 18, 201 7 11:49:46 AM. EXHIBIT B LotNo ID LOAN_| CREAT PRNCP PRNCP |NT_AC |NT_PAI |NT_BA FEE_AC FEE_PA FEE_BA LCFEE_ LCFEE_ LCFEE_ STATUS STATUS DUE_D DUE_A PULL_A RECEIV RECEIV CASE_I PULL_D PRNCP ROI YTM TYPE OR|G_D POSTIN PEND_ PEND_I PEND_F D E_D _PA|D _BAL CR D L CR ID L ACCR PAID BAL _D MT MT ED_D ED_AM D _OUT UE_D G_D PRNCP NT_PA| EE_PAI T _PAID D D Lot19- 3769857 _31 5/1 6/201 794.1 11 0.0000 393.458 393.458 0.0000 0.0000 0 0.0000 0.0000 0.0000 0.0000 17 6/1 6/201 6/1 6/201 1187.57 1187.57 6/21/201 1187.57 6/1 5/201 35000 0.01 090 1 6/1 6/201 6/1 6/201 0 0 0 800 O 35 7 7 3 3 7 7 7 7 9855238 7 7 9:13:35 6:24:01 12:00:00 8:29:23 12:00:00 12:00:00 AM AM AM AM AM AM L0t19- 3913037 _31 6/1 6/201 803.038 0.0000 384.531 384.531 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 7/1 7/201 7/1 6/201 1187.57 1187.57 7/20/201 1187.57 7/14/201 34205.8 0.01089 1 7/16/201 7/1 7/201 0 0 0 800 2 35 7 8 2 2 7 7 7 7 8833333 4483752 7 7 4:31 :26 9:00:43 12:00:00 10:32:39 12:00:00 4 12:00:00 AM AM AM AM AM AM Lot19- 4041318 _31 7/1 6/201 812.066 0.0000 375.503 375.503 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 8/1 6/201 8/1 6/201 1187.57 1187.57 8/21/201 1187.57 8/1 5/201 33402.8 0.01088 1 8/1 6/201 8/1 6/201 0 0 0 800 1 35 7 3 7 7 7 7 7 7 4952801 61371 19 7 7 4:38:02 11:08:27 12:00:00 12:22:49 12:00:00 6 12:00:00 AM AM AM PM AM AM Lot19- 4175867 H1 8/1 6/201 821.195 0.0000 366.374 366.374 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 9/1 8/201 9/1 6/201 1187.57 1187.57 9/21/201 1187.57 9/1 5/201 32590.7 0.01087 1 9/1 6/201 9/1 8/201 0 0 0800 O 7 3 7 7 7 7 7 7 8322812 727837 7 7 8:04:16 6:45:37 12:00:00 7:06:07 12:00:00 7 12:00:00 AM AM AM AM AM AM Lot19- 4318546 _31 9/1 6/201 830.426 0.0000 357.143 357.143 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 10/16/20 10/16/20 1187.57 1187.57 10/19/20 1187.57 10/13/20 31769.5 0.01086 1 10/1 6/20 10/1 6/20 0 0 0 800 7 35 7 9 1 1 17 17 17 17 8794958 7859489 17 17 4:25:30 7:46:38 12:00:00 8:23:07 12:00:00 3 12:00:00 AM AM AM AM AM AM Lot19- 4457615F 1 10/16/20 839.762 0.0000 347.807 347.807 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 11/16/20 11/16/20 1187.57 1187.57 11/21/20 1187.57 11/15/20 30939.1 0.01085 1 11/1 6/20 11/1 6/20 0 0 0800 6 17 3 7 7 17 17 17 17 61 06745 7826265 17 17 4:55:40 6:32:58 12:00:00 8:16:52 12:00:00 1 12:00:00 AM AM AM AM AM AM Lot19- 4603527‘1 11/1 6/20 849.202 0.0000 338.367 338.367 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 12/1 8/20 12/1 6/20 1187.57 1187.57 12/21/20 1187.57 12/1 5/20 30099.3 0.01 084 1 12/1 6/20 12/1 8/20 0 0 0 800 6 35 17 6 4 4 17 17 17 17 9880311 7117258 17 17 4:38:48 6:45:51 12:00:00 7:16:59 12:00:00 8 12:00:00 AM AM AM AM AM AM Lot19- 4740357 F31 12/16/20 858.749 0.0000 328.821 328.821 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 1/1 6/201 1/1 6/201 1187.57 1187.57 1/1 9/201 1187.57 1/12/201 29250.1 0.01083 1 1/16/201 1/16/201 0 0 0 800 9 17 8 8 8 8 9621 1 33 5662553 8 8 4:25:17 8:39:25 12:00:00 9:34:32 12:00:00 1 12:00:00 AM AM AM AM AM AM Lot19- 4876835F 1 1/1 6/201 868.402 0.0000 319.167 319.167 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 2/1 6/201 2/1 6/201 1187.57 1187.57 2/22/201 1187.57 2/1 5/201 28391 .4 0.01082 1 2/1 6/201 2/1 6/201 0 0 0800 1 8 8 2 2 8 8 8 8 471 6707 3382247 8 8 5:02:57 6:19:30 12:00:00 8:08:08 12:00:00 2 12:00:00 AM AM AM AM AM AM Lot19- 5020074 ‘1 2/1 6/201 878.165 0.0000 309.404 309.404 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 3/1 6/201 3/1 6/201 1187.57 1187.57 3/21/201 1187.57 3/1 5/201 27523.0 0.01081 1 3/1 6/201 3/1 6/201 0 0 0 800 9 35 8 1 9 9 8 8 8 8 4435231 0184602 8 8 4:34:43 6:17:12 12:00:00 10:53:25 12:00:00 12:00:00 AM AM AM AM AM AM Lot19- 5164605 -1 3/1 6/201 888.037 0.0000 299.532 299.532 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 4/1 6/201 4/1 6/201 1187.57 1187.57 4/1 9/201 1187.57 4/1 3/201 26644.8 0.01079 1 4/16/201 4/16/201 0 0 0 800 7 35 8 1 9 9 8 8 8 8 7924257 5963765 8 8 4:35:31 7:36:28 12:00:00 8:42:20 12:00:00 12:00:00 AM AM AM AM AM AM Lot19- 5308207 _31 4/1 6/201 898.020 0.0000 289.549 289.549 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 5/1 6/201 5/1 6/201 1187.57 1187.57 5/21/201 1187.57 5/1 5/201 25756.8 0.01078 1 5/1 6/201 5/1 6/201 0 0 0 800 6 35 8 2 8 8 8 8 8 8 4209338 0596946 8 8 4:54:38 6:59:49 12:00:00 8:14:59 12:00:00 8 12:00:00 AM AM AM AM AM AM Lot19- 5453865 _31 5/1 6/201 908.115 0.0000 279.454 279.454 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 6/1 8/201 6/1 6/201 1187.57 1187.57 6/21/201 1187.57 6/1 5/201 24858.8 0.01076 1 6/1 6/201 6/1 8/201 0 0 0 800 9 35 8 4 6 6 8 8 8 8 2192658 3940891 8 8 4:35:33 6:42:03 12:00:00 7:29:38 12:00:00 9 12:00:00 AM AM AM AM AM AM Lot19- 5601 188 F31 6/1 6/201 918.324 0.0000 269.245 269.245 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 7/1 6/201 7/1 6/201 1187.57 1187.57 7/1 9/201 1187.57 7/1 3/201 23950.7 0.01074 1 7/16/201 7/16/201 0 0 0 800 4 8 1 9 9 8 8 8 8 0651641 5827432 8 8 4:23:32 8:07:02 12:00:00 8:56:45 12:00:00 5 12:00:00 AM AM AM AM AM AM Lot19- 5750722 _31 7/1 6/201 928.647 0.0000 258.922 258.922 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 8/1 6/201 8/1 6/201 1187.57 1187.57 8/21/201 1187.57 8/1 5/201 23032.3 0.01072 1 8/1 6/201 8/1 6/201 0 0 0 800 2 35 8 6 4 4 8 8 8 8 8237550 6057825 8 8 5:00:52 6:49:55 12:00:00 7:58:26 12:00:00 3 12:00:00 AM AM AM AM AM AM Lot19- 5902340 ‘1 8/1 6/201 939.087 0.0000 248.482 248.482 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 9/1 7/201 9/1 6/201 1187.57 1187.57 9/20/201 1187.57 9/14/201 221 03.7 0.01 070 1 9/1 6/201 9/1 7/201 0 0 0 800 O 35 8 2 8 8 8 8 8 8 3474070 4395471 8 8 4:37:47 12:14:42 12:00:00 8:07:1 5 12:00:00 7 12:00:00 AM PM AM AM AM AM Lot19- 6048776 _31 9/1 6/201 949.644 0.0000 237.925 237.925 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 10/1 6/20 10/1 6/20 1187.57 1187.57 10/1 9/20 1187.57 10/1 5/20 21 164.6 0.01 068 1 10/1 6/20 10/1 6/20 0 0 0 800 2 35 8 1 9 9 18 18 18 18 4755874 0556449 18 18 4:49:06 7:15:06 12:00:00 8:03:07 12:00:00 9 12:00:00 AM AM AM AM AM AM Lot19- 6204128 F1 10/16/20 960.319 0.0000 227.250 227.250 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 11/16/20 11/16/20 1187.57 1187.57 11/21/20 1187.57 11/15/20 20215.0 0.01065 1 11/1 6/20 11/1 6/20 0 0 0800 4 18 7 3 3 18 18 18 18 0347172 4197067 18 18 4:40:28 7:30:04 12:00:00 8:42:16 12:00:00 3 12:00:00 AM AM AM AM AM AM Lot19- 6365734F1 11/16/20 971.115 0.0000 216.454 216.454 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 12/17/20 12/16/20 1187.57 1187.57 12/20/20 1187.57 12/14/20 19254.6 0.01062 1 12/1 6/20 12/1 7/20 0 0 0800 7 18 3 7 7 18 18 18 18 8380241 4897255 18 18 4:41:27 7:53:39 12:00:00 8:51:40 12:00:00 9 12:00:00 AM AM AM AM AM AM Lot19- 6521689 P1 12/16/20 982.032 0.0000 205.537 205.537 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 1/1 6/201 1/1 6/201 1187.57 1187.57 1/22/201 1187.57 1/1 5/201 18283.5 0.01059 1 1/16/201 1/16/201 0 0 0800 7 18 2 8 8 9 9 9 9 6853949 2138104 9 9 4:57:03 7:39:46 12:00:00 9:27:45 12:00:00 7 12:00:00 AM AM AM AM AM AM Lot19- 6684143 _31 1/1 6/201 993.071 0.0000 194.498 194.498 0.0000 0.0000 O 0.0000 0.0000 0.0000 0.0000 17 2/1 9/201 2/1 6/201 1187.57 1187.57 2/1 9/201 1187.57 2/1 5/201 17301 .5 0.01055 1 2/1 6/201 2/1 9/201 0 0 0 800 8 35 9 9 1 1 9 9 9 9 3632249 5270974 9 9 4:48:06 7:1 1 :05 12:00:00 8:56:10 12:00:00 6 12:00:00 AM AM AM AM AM AM Lot19- 6854661 ‘1 2/1 6/201 0.0000 0.0000 183.334 0.0000 0.0000 59.38 O 0.0000 0.0000 0.0000 0.0000 16 4/1 6/201 3/1 6/201 1187.57 1187.57 0 3/1 5/201 16308.4 0.01 051 1 3/1 6/201 0 0 0 800 8 35 9 3 9 9 9 6442665 3474258 9 4:27:05 4:25:24 12:00:00 12:00:00 4 12:00:00 AM AM AM AM AM Lot1 9- 701 9367 P1 3/1 6/201 0.0000 1004.23 183.334 0.0000 183.334 0.0000 O 59.38 0.0000 0.0000 0.0000 16 5/1 6/201 4/1 6/201 2434.52 2434.52 0 4/1 5/201 16308.4 - 1 4/1 6/201 0 0 0800 4 9 57 3 3 9 9 9 6442665 0.00012 9 4:30:33 4:26:26 12:00:00 12:00:00 4 6949913 12:00:00 AM AM AM AM AM Lot1 9- 71 80493 _31 4/1 6/201 0.0000 2008.47 183.334 0.0000 366.668 0.0000 O 59.38 0.0000 0.0000 0.0000 16 6/1 6/201 5/1 6/201 3622.09 3622.09 0 5/1 5/201 16308.4 1 5/1 6/201 0 0 0 800 9 35 9 14 3 6 9 9 9 6442665 9 4:39:30 4:06:10 12:00:00 12:00:00 4 12:00:00 AM AM AM AM AM L0t19- 7349611 F1 5/16/201 0.0000 3012.70 183.334 0.0000 550.003 0.0000 59.38 0.0000 0.0000 0.0000 16 7/16/201 6/16/201 4809.66 4809.66 6/14/201 16308.4 6/16/201800 O 9 7 3 9 9 9 6442665 9 4:44:06 4:13:15 12:00:00 12:00:00 4 12:00:00 AM AM AM AM AM Lot19- 7519855 F1 6/16/201 0.0000 4016.94 183.334 0.0000 733.337 0.0000 59.38 0.0000 0.0000 0.0000 16 7/31/201 7/16/201 5997.23 5997.23 7/15/201 16308.4 7/16/201800 O 9 27 3 3 9 9 9 6442665 9 4:20:41 7:09:36 12:00:00 12:00:00 4 12:00:00 AM PM AM AM AM Lot19- 7682771 F31 7/16/201 0.0000 5021.17 0.0000 0.0000 916.671 0.0000 59.38 0.0000 0.0000 0.0000 19 7/31/201 8/16/201 0 7184.8 8/15/201 16308.4 -1 8/16/201 800 4 9 84 6 9 9 9 6442665 9 4:23:36 7:09:37 12:00:00 12:00:00 4 12:00:00 AM PM AM AM AM KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electmnica lly try Superior [nun Inf Callfnrnla. Emmy {If San Maren 0N Christopher D. Mandarich SB 220693 B 8/24/2021 Ajay Sood 33325294 3' mum Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case N0. 21 _C|_J_04588 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT DAVID ABORDO, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $10,273.07 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time of charge-off is WILMINGTON SAVINGS FUND SOCIETY FSB D/B/A CHRISTIANA TRUSTTTEE OF ALTERNATIVE LENDING HOLDINGS TRUST(SERVICED BY LENDING CLUB), 71 STEVENSON ST SUITE 300, SAN FRANCISCO, CA 94105, and the account number associated with this debt is XXXXX7350. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the Exhibit "68" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is DAVID ABORDO , 262 EL DORADO DR , PACIFICA, CA 94044. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXXXX7350 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to 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 to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay WebBank 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 to the terms governing the Account. 13. The date of last payment 0n the subject account was on September 14, 2019. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-off was $10,273.07, 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 $10,273.07. 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, WebBank 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 to 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 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. WebBank extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions of the Account by Defendant use 0f the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $ 1 0,273 .07 . SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $10,273.07 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $10,273.07, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower Ag reement (November 2017) The following Borrower Agreement ("Agreement") is between you ("you" and "your" mean each and every borrower, including anyjoint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," 0r "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by Lending Club Corporation ("LendingClub"). Ifyou make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms ofthe document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate ifyour loan request is cancelled, withdrawn, or declined. BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. n through the Site. When ubject to your right to money provided by us to : nts or disclosures -, LendingClub or any bject to your right to opt out as setoy binding arbitra i- forth below. Each loan request is subject to our credit criter a n effect at th:- ofyour loan request. 2. Account Verification. You understand that ifwe are unable to verily your bank account for any reason, we will cancel your application, your loan request will not be posted on the Site, and this Agreement will be terminated. 3. Loan Requests. You may post a qualifying loan request on the Site. You may not post more than one loan request on the site at a time and you may not have more than two loans outstanding at any given time. You may post a loan request on the Site, and LendingClub investors ("Investors") will be able to review your loan request. Investors may commit to (i) purchase the loan by subsequently acquiring the loan itselffrom us or LendingClub or (ii) invest indirectly in your loan through the purchase ofsecurities issued by LendingClub. You acknowledge that an Investor's commitment to invest in all or a portion ofyour loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendinClub may also choose to invest in all or part ofyour a ~ ut is not obligd to do so. We may elect in our sol ssued if it receives commitments totaling le .REST, 0R (2) THAT N0 later than thirty (30) days after your application is complete, ~ ' tell you ifyour loan is approved and will issue for some or all ofyour requested amount, or is declined, or ifwe are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-ve (45) days to process and issue your loan. lfat any point, you no longer want a loan under your pending loan request, you must notify us in writing ofyour election to terminate your loan request sufciently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance ofthe loan issued and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by other proof or through a third party. By proceeding with the application, you consent to our use of any third-party to verify any information about, or provided by, you. Failure to timely provide this information can result in your loan application being incomplete and closed by us, furthermore, we may terminate consideration ofyour application at any time in our sole discretion. The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to LendingClub a limited power of attorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power ofsubstitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory N0te(s) in the form attached as Exhibit Athat reect- the accepted terms set forth in each of your nal Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan request(s) in the on-line account you have established with LendingClub where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fully to all intents and purposes as you might or could do in person ("Power ofAttorney" ). This Power ofAttorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at or calling 888-596-3157 and closing your account with us; provided, however, ifa loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your behalf and shall be your valid and binding obligation thereafter. . . r . r and your pending loan | q ifying loan requests in the . .- e Ide u ith sufcient advance request will be consider- future in our discretion. -.n YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (|.E. CONSUMMAT ED) UNTILYOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MAT ERIALLY RELYING UPON THIS UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. You may cancel your applica notice to stop the loan funding. 7. Loan Consummation. YOU MAY CANCELTHE LOAN AGREEMENT AND PROMISSORY NOTE AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFT ER THE LOAN HAS FUNDED. IF YOU DECIDE TO CANCEL, ALL LOAN PROCEEDS WILL BE WITHDRAWN FROM YOUR ACCOUNT IN THE NEXT 5-7 BUSINESS DAYS. N'T WITHDRAW E FULLAMOUNT OM YOUR BANK ACCOUNT, YO ' LBE RESPONSIBLE 'EPAYING T LOAN. YOU MAY CELTHE LOAN AGREEMENT A PROMISSORY NOTE pendents relating to her dependent may not ccount: The costs charged (other than certain application fees for specied credit . tions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number (844) 538-6754. 9. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer ofany loan that you obtain. LendingClub may delegate servicing to another entity in its sole discretion without notice. 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions offact in your listing, including but not limited to your loan description; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself, (iii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourselfto any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf, (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or (vi) use any ofthe loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose ofpurchasing or carrying any securities; (viii) use the Site to request or obtain a loan for someone other than yourself; and (C) that you have all necessary consents, permissions, acknowledgements or agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verication. You further acknowledge and agree that we may rely without independent verication on The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. the accuracy, authenticity, and completeness ofall information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or LendingCIub, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint ApplicantICoBorrower is Joint and Several. The liability of anyjoint applicant/co-borrower under this Agreement and under the Loan Agreement and Promissory Note is in addition to and not in lieu ofthe obligations ofthe primary borrower. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Agreement, the Loan Agreement and Promissory Note and any other agreement and documents as ifan original signatory. We and our successors and assigns have sole discretion to proceed, at any time, against any party responsible under this Agreement. Further, we can accept instructions from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint applicant/co-borrower, and shall be binding on both and deemed received by all parties. 12. TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out ofreceiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, afliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, afliates, or anyone calling on our behalffor any and all purposes arising out ofor relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be ' o prerecorded messages stern. Automated . ent or representative n articial voice and you have provided to us, or numbers we can reasonably associate with your accoun ( rough skip . e caller ID capture or other means), with information or questions about your application, loan and/or account. You -rtify, warrant - I represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each ofthe telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. 13. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory (the "Register") for recording the names and addresses of any owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner ofits benecial interest in this Note, the right to payment ofprincipal and interest on this Note shall not be effective until the transfer is recorded in the Register. We may terminate this Agreement and your ability to make loan requests at any time. lfyou committed fraud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law. 14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereofand supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. 15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. 16. Notices. All notices and other communications to you hereunder may be given by email to your registered email address or posted on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control ofsuch email account and your area on the Site and that communications from us may contain sensitive, condential, and collectionsrelated communications. lfyour registered email address changes, you must notify LendingClub ofthe change by sending an email to support@lendingclub.com or calling 888-596-3157. You also agree t0 update your registered residence address and telephone number on The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. the Site ifthey change. 17. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMIT ED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18. LIMITATION ON LIABILITY. IN NO EVENT SHALLWE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIALOR PUNITIVE DAMAGES. EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. 19. Choice of Law. We are located in the state of Utah and this Agreement is entered into in the state of Utah. The provisions ofthis Agreement will be governed by federal laws and the laws of the state of Utah to the extent not preempted. without regard to any principle of conicts oflaws that would require or permit the application ofthe laws ofany other jurisdiction. 20. Miscellaneous. The parties acknowledge that there are no third party beneciaries to this Agreement (other than LendingClub). Any waiver of a breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition n ' reement will not constitute a waiver ofsuch term or condition. lfat any time . - -r the date ofthis Agreement, any ofthe pro void or unenforceable, such provision shall be a. -ct upon and shall not impair the enforceability u .= - ' r ' .- :r e purposes only and shall not affect the interp 21. Arbitration. RESOLU ' v ‘ ‘ ’ It THAT IT LIMITS MY RIGHTS IN THE EVENT OFADISPUTE BETWEEN YOU t II ME. | UNDER '-ND THAT | HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If o are a “Cov - a Borrower" as dened by the Military Lending Act (32 CFR §232, as amended from time to time) at the time ofentering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out ofor take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution ofa Claim be nal and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out ofthis Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from address within 30 days of the date of your electronic accep ance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see t as long as it is received at the specied address within the specied time. No other methods can be used to opt out ofthis Arbitration Provision. Ifthe opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. Ifa Claim arises, our goal is to learn about and address your concerns and, ifwe are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before ling any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance with, the rules and policies ofthe administrator selected, except to the extent the rules conict with this Arbitration Provision or any countervailing law. Ifyou have any questions concerning the AAAor would like to obtain a copy ofthe AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. Ifyou have any questions concerning JAMS or would like to obtain a copy ofthe JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case ofa conict between the rules and policies ofthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies ofthe administrator apply. d. Ifwe (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator's The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. ling costs and administrative fees (other than hearing fees). If you elect arbitration, ling costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. lfa statute gives you the right to recover any ofthese fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a nal award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules ofthe arbitrator administrator. In the event ofsuch an appeal, any opposing party may cross-appeal within 30 days after notice ofthe appeal. The panel will reconsider de novo all aspects ofthe initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be nal and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as ajudgment in any court ofcompetent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, ifany, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS than a named party; nor (b) make an award for the benet u or against, a i - e other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity ofthis section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types ofrelief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect condential information. arbitrator to determine Claims or make awards beyond those aut orIzedIn this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH ACOURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN ACOURT BEFORE AJUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. Exhibit A LOAN AGREEMENT AND PROMISSORY NOTE Borrower Member ID: Joint Applicant/Co-Borrower Member ID: $ . 20_ For value received, I (referred to herein as "Borrower" which for purposes ofthis Loan Agreement and Promissory Note (the "Note") includes all parties obligated hereunder, including any joint applicant/co-borrower) promise to pay to the order ofWebBank or any subsequent holder ("you" or "Lender") ofthis Note the principal sum of ($ ) Dollars with interest as set forth below. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all ofthe terms ofthis Note. Interest Rate. This Note bears interest during each calendar month from the date hereof until paid in full, at a xed rate of (%) per The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. annum. Interg§t gglgulgtign Methgg. Interest is calculated daily on the basis ofa 360-day year with 12 months each ofwhich is 30 days (0r 30/360) long, regardless ifa month has more or less than 3O days. This Note shall bear interest on any overdue installment ofprincipal and, to the extent permitted by applicable law, on any overdue installment of interest, at the interest rate stated and as calculated above. Payments. Principal and interest is to be paid during and throughout the period of months in the following manner: Payments of principal and interest in the amount of ($ ) Dollars are to be made by the Borrower to the Lender commencing , 20_, and on the same day of each successive month thereafter until , 20_. when the full amount ofunpaid principal, together with unpaid accrued interest is due and payable. lfthe monthly anniversary is on the 29th, 30th, or Blst ofthe month, and the following month does not have a 29th, 301h, or 31$t day, the monthly payment will be due on the last day ofthe month in which the payment was due. Borrower's last payment might be of a different amount, which could be higher than the monthly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment after the payment due date. In such cases, the amount ofthe last monthly payment will be adjusted by the amount necessary to repay the loan in full. Borrower may make loa payments either b c ' ‘ ay authorize any Lender to debit Borrower’s desi- aed accou b :r .= s, which would include your monthly principal and ' ' ~ r - ' ' ‘ outing or other similar information provided by Borro - procee s to ("Directed Accounts") are accurate and complete. Borrower agrees to hold Lende . d Lendingc I '- . rmless for any alleged or actual loss, claim, fee or other damage or expense Borrower may suffer related to the failure ofa Directed Account to receive such proceeds ifsuch failure was the result (directly or indirectly) ofany error in any name, account, routing or other similar information provided by Borrower to Lender. Borrower acknowledges that neither it nor LendingClub have any obligation to conrm or investigate the accuracy or completeness ofthe information Borrower has provided. Borrower further agrees that ifthe loan proceeds are rejected by a Directed Account that is not Borrower’s designated bank account that Lender may deliver the loan proceeds into the designated bank account to satisfy our obligation ofloan proceed delivery. In all events under this section, interest will be in to accrue as date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third-party. lfwe are unable to deliver loan proceeds to the Directed Account(s) or Borrower's designated bank account after 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. a 3r E Borrower’s payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, whether or not there are sufcient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights ofsetoff Lender may have. All payments are to be applied rst to the payment of all fees, expenses and other amounts due (excluding principal and interest), then to accrued interest, and the balance on account ofoutstanding principal; provided, however, that after an Event of Default (as dened below), payments will be applied to Borrower’s obligations as Lender determines in its sole discretion. If this loan is subject to an origination fee, such fee is deducted from the loan proceeds and paid to the Lender. Any origination fee of 5% or less is not refundable regardless of when, or if, the loan is paid in full. Any origination fee amount in excess of 5% is refundable on a prorated basis over the term of the loan when and if the loan is paid in full prior to its maturity date. A partial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower's loan and is subject to the accrual of interest. lfa payment is returned or fails due to insufcient funds in the designated account, Borrower may be charged a fee of$15, to the extent permitted by applicable law. An unsuccessful payment fee may be assessed for each failed attempt, up to three times total for a single payment. The bank that holds Borrower's deposit account may assess its own fee in addition to the fee assessed under this Note. If Borrower’s payment is more than 15 days late, a late fee may be charged in an amount equal to the greater of 5% ofthe outstanding payment or $15, to the extent permitted by applicable law. Only one late fee may be charged on each late payment. Any payment received after 12:30 P.M.. Mountain Time. on a banking day is deemed received on the next succeeding banking day. Borrower authorizes Lender, and its successors and assigns, to deduct any fees due by ACH transfers initiated to the deposit account on le for The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower. Prgpgyments and Partial Payment; Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment is applied against the principal amount outstanding and does not postpone the due date of any subsequent monthly payment, unless expressly agreed to in writing. If Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments or partial payments, even though marked "paid in full“, without losing any rights under this Note. Any regularly scheduled monthly installment of principal and interest that is received by Lender before the date it is due shall be deemed to have been received on the due date solely for the purpose of calculating interest due. Use of Funds. Borrower certies that the proceeds of the loan will not be used for the purpose of purchasing or carrying any securities or to fund any illegal activity. or to fund any post-secondary educational expenses, including. but not limited to. tuition, fees, books, supplies, miscellaneous expenses, or room and board. Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) les or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benet ofcreditors; (3) commits fraud or makes any material misrepresentation in this Note, or in any other documents, ap ' ations e related materials delivered to Lender in connection with its loan or (4) fa' abide by the terms of r, Lender will report that loan account to the credit u . r ~ ' - Its on an account may be reected in Borrower’s credr , . ' ing reasonable attorneys' fees, as permitted by applicable law. Joint and Several Liability. The liability of anyjoint applicant/co-borrower to repay in full this loan is in addition to and not in lieu ofthe obligations ofthe primary Borrower to repay the loan in Jll. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Note or any other agreements or documents provide or executed as part ofthe application process, as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided t0 a party will be deemed simultaneously received by a = ; ' rest or other loan charge shall be reduced er that exceeded under this Note or by DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. BORROWER EXPRESSLY AGREES THAT THE NOTE IS A "T RANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECT RONIC TRANSACTIONS ACT. Registration of Note Owners. l have appointed LendingClub as my agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the "Register") for recording the names and addresses ofany future owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner ofits benecial interest in this Note, the right to payment ofprincipal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to Borrower, assign all of its right, title and interest in this Note to any other third-party, and Borrower thher understands, acknowledges and agrees that any assignee may sell, assign or transfer the Note and all associated documents and information related to the Note without Borrower’s consent or delivery of notice (subject in each case to the registration requirement above). Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender. Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. without notice to and without releasing the liability of any party. the obligations evidenced by this Note may from time to time. in whole or part, be renewed, extended, modied, accelerated, compromised, settled or released by Lender. Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be provided electronically to Borrower's account, unless Borrower has opted out ofelectronic delivery and then will be mailed to the addresses then on record. This Note is subject to the arbitration provisions ofthe Borrower Agreement between Lender and Borrower, which is incorporated by reference into this Note. Controlling Law. Lender is located in the State of Utah and this Note is executed and delivered in the State of Utah and is a contract made under such state’s law. The provisions ofthis Note will be governed by federal laws and the laws ofthe State of Utah to the extent not preempted, without regard to any principle of conicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity of any other provision ofthis Note. STATE LAW NOTICES: CALIFORNIA RESIDENTS ONLY: A married applicant may apply for a separate account. If Lender takes any adverse action as dened by § 1785.3 ofthe California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the ri n - umer reporting agency - . intains les on CALIFORNIA AND UTAH ' ' ' - :- t r: ' r ' ' -gative credit report reecting on Borrower’s cr ‘ s of Borrower’s credit obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Not- efore you re u It. 2. You are entitled to a copy ofthis Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 ofthe Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender’s authority under federal law (12 U.S.C. § 85, § 1463(g), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. REEMENTS OR MMITMENTS TO LOAN MONEY, TEND CREDIT OR TO EBT, INCLUDING MISES TO EXTEND OR RENE UCH DEBT, ARE NOT references to actions taken to the extent of applicable law appl or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Lender unless prohibited by "applicable law" are permitted by New Jersey law. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension ofany credit as a result ofthis application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and ifso, the name and address ofthe agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WASHINGTON RESIDENTS ONLY: Oral agreements or oral commitments to loan money, extend credit, or to forbear 'om enforcing repayment of a debt are not enforceable under Washington law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower's signature conrms that this loan obligation is being incurred in the interest of Borrower's marriage or family. No provision of any marital property agreement (pre-marital agreement), unilateral statement under § 766.59 ofthe Wisconsin statutes or court decree under § 766.70 adversely affects Lender’s interest unless, prior to the time that the loan is approved, Lender is furnished with a copy ofthe marital property agreement, statement, or decree or have actual knowledge of the adverse provision. Ifthis loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. to receive notication that credit has been extended to Borrower. WE§T VIRGINIA RESIDENTS ONLY: For borrowers located in West Virginia, LendingCIub is operating as a Credit Services Organization ("CSO") in connection with your loan. LendingClub may be reached at Lending Club Corporation. 71 Stevenson Street, Suite 300, San Francisco, CA 94105. LendingClub's agent for service of process is CSC - Lawyers Incorporating Service, 2710 Gateway Oaks Dr., Suite 150N, Sacramento, CA 95833. Description of Services: LendingClub operates as an online marketplace platform. It does not issue, fund, or lend loans directly to the consumer; rather, it operates under an "originating bank" model in which it is a third-party vendor ofa federally regulated and insured bank. The "originating bank" model allows the bank to originate loans to applicants through LendingClub's Platform. Loans facilitated through LendingClub's marketplace are originated by WebBank. LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money or consideration. LendingClub generates revenue in three ways: (1) transaction fees from WebBank; (2) servicing fees from investors; and (3) management fees from investment funds. Surety Notice: LendingClub has obtained and retains in effect a surety bond or maintains a surety account in the amount of$15,000. You have the right to maintain an . . .- law against the CSO and against the surety or trustee for damages incurre- violation ofthe Credit Service Organization Act, A ich issued the surety bond is International Fid- v I As required by West Vir agency, as provided byt - ‘ made to the consumer repo available for a minimal reporting charge at any other time; (i i) ou have a righ o dispute directly with your consumer reporting agency the completeness ofaccuracy of any item contained in a tile on maintained a at consumer reporting agency; (iv) no consumer reporting agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report; (v) ACCURATE INFORMATION CANNOT BE PERMANENTLY REMOVED FROM THE FILES OF ACONSUMER REPORTING AGENCY; and (vi) non-prot organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local organization, or check your yellow pages under "Credit Counseling Services” to nd a non-prot service. by a consumer reporting at no charge on request denied, and your le is MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-lN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECTRONICAL EXhibitB WEBBANKPRIVACY o FACTS WHAT -AN OWI Yo NLINF MATI I o ITHYOURRLENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: o Social Security number and transaction history a Account balances and payment history o Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice. 1 All nancial companies need to share customers' personal information to run their everyday business. In the section below we list the reasons nancial companies can share their customers' personal information; the reasons WebBank chooses to share; and whether you can limit this sharing.A RWwe can share your personal information Does WebBank share? Can you limit this sharing? For our everyday business purposes - such as to process your YES NO transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes - to offer our products and services YES NO to you The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. For joint marketing with other financial companies YES YES For our affiliates' everyday business purposes - information NO We don't share about your transactions and experiences For our affiliates' everyday business purposes - information NO We don't share about your creditworthiness For our affiliates to market to you NO We don't share For nonaffiliates to market to you NO We don't share Que Call (888) 596-3157 or go to www.lendingclub.com I What we do How does WebBank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured les and buildings. How does WebBank co - sonal information? We collect your personal information, for pie, when you V ur contact information » om others. such as credit ur aus, afliates, a 0t er umpa s. Fed‘g/raJ/laW gives you the right to limit only o Sharing for afliates' everyday business purposes-information about your creditworthiness Why can't I limit all sharing? o Afliates from using your information to market to you o Sharing for nonafliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account I hold Your choices will apply t0 everyone on your account - unless you tell jointly with someone else? us othenNise. Definitions Affiliates r control. They can be tes omtlaltieslnbt relatbdl byWerlslrlip or control. They can e nancial and nonnancial companies. o Nonafliates we share with can include other nancial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. E @Nonaffiliates U Joint marketing Aformal agreement between nonafliated nancial companies that together market nancial products or services to you. o Our joint marketing partners include nancial services companies, lenders, insurance companies, or other consumer service providers. The original document is owned by LendingClub Corporation and this copy was created on Dec 20, 201 7 04:19:38 PM. This is a copy of an authoritative document LOAN SUMMARY Loan Id: -7350 Primary Borrower Contact Information Full Real Name: Screen Name: Email: Address: Home Phone: Cell or Work Phone: Loan Information Loan Issue Date: Original Loan Amount Principle Balance: Principle Balance Date: Payoff Balance: Payoff Date: Loan Documents DAVID ABORDO Member-0062 262 EL DORADO DR PACIFICA. CA 94044 Document Name Dateltime Document Version Signed Borrower Agreement 12/13/17 10:27:59 AM PST LC_SEC V25 1 I ' 2/1 I 12ll I 12ll IA 1211/ L_ m m I:_ E E El II EJNJ MC i: The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 31 2020 08:01 :57 EXHIBIT B ‘Lotzo-aoo Eéigo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggo-aoo Egggg-aoo Egggg-aoo Egggg-aoo Egggp-aoo Egggp-aoo Egggp-aoo Egggp-aoo Egggg-aoo Lomzo-aoo Etzo-aoo V Lot20-300 ID -999999 47254624 48644209 50070215 51514981 52951338 54411980 55891006 57384195 58884099 60366538 61881968 63485651 65085521 66711610 68383143 70048364 71673165 73338929 75061495 76692385 78345354 80034731 81795890 83589005 85379746 Lot20-300‘87145515 1817658 LOANJD 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 7350 r, so.oo‘ $000suoor $uoo[ $000 5000‘ $000 0_ 12/14/2017 $107.33; $0.00 $233.10 $233.10 $0.00 $0.00 r 0 $0.00 1/14/2018‘ $10§41 $0.00 $231.02 $231.02 $0.00 $0.00 0 $0.00 2/14/2018‘5 $111.54 $0.00 $228.89. $228.89“ $0.00 $0.00 0 $0.00 3/14/2H8 $113.71 $0.00 $226.72 $226.72; $0.00 $0.00 0 $0.00 4/14/2H8 $115.92 $0.00 $224.51 $224.51; $0.00 $0.00 0 $0.00 5/14/2Es $118.17 $0.00 $222.26. $222.26; $0.00 $0.00 0 $0.00 6/14/2E8 $120.46 $0.00 $219.97. $219.97; $0.00 $0.00 0 $0.00 7/14/2018 $121.94 $0.00 $218.49.. $218.49; $0.00 $0.00 0 $0.00 8/14/2018 $125.17 $0.00 $215.26. $215.26; $0.00 $0.00 0 $0.00 9/14/2018 $126.71 $0.00 $213.72 $213.72; $0.00 $0.00 0 $0.00 10/14/2018 $130.06 $0.00 $210.37 $210.37; $0.00 $0.00 0 $0.00 11/14/2018 $132.59 $0.00 $207.84 $207.84: $0.00 $0.00 0 $0.00 12/14/2tJ18 $135.17 $0.00 $205.26 $205.26 $0.00 $0.00 0 $0.00 1/14/2g9 $137.79 $0.00 $202.64 $202.64“ $0.00 $0.00 0 $0.00 2/14/2019“ 7 $140.47 $0.00 $199.96 $199.96; $0.00 $0.00 0 $0.00 3/14/f 7 $143.20 W $0.00. $197.23 $197.23 $0.00 $0.00 0 $0.00 4/14/20‘ $0.00 $0.00} $194.45 $0.00 $0.00 $17.02 0 $0.00 5/14/20‘ $0.007 $145.98T $194.45 $323.41 $194.45| $0.00 17.02 $17.02 6/14/20‘, $80.49 $291.96T $194.45 $259.94 $65.49l $0.00 0 $0.00 Hwy? $146.60 7 $357.45' $193.83 $193.83 $0.001 $0.00 0 $0.00 8/14/f $506.32 7 $357.45 $191576 $191.56 $0.00l $0.00 0 $0.00 9/14/20191 $0.00 $0.00' $180.20 $0.007 $0.001 $17.02 0 $0.00 10/14é019l $000 $16023 $18020' 79000‘$18020T $000 0 $1702 11/14/2019l $0.00 $320.45 $180.20 $0.00‘g6g‘ $0.00 0 $17.02 12/14601977 $000 $48068 $18020' $000|$54061| $000 0 $1702 1/14/2020 $0.00 $640.90 $180.20 $0.00 $720.82 $0.00 0 $17.02 2/15/2020 $0.00 $0.00 $0.00 $0.00 $979.11 $17.02 0 $17.02 $0.00 $0.00 $0.00 12/14/2017‘ 0 0 12/14/2017[ $0.00 $000 $0.00 17 1/16/2018 1/14/2018 340.43 340.43 1/19/2018[ 340.43i 1/1272018 $0.00 $0.00 $0.00 17 2/14/2018 2/14/2018 340.43 340.43: 2/20/2018 340.43 2/13/2018 $0.00 $0.00 $0.00 17 3/14/2018 3/14/2018 340.43 340.43: 3/19/2018 340.43 3/13/2018 $0.00 $0.00 $0.00 17 4/16/2018 4/14/2018 340.43 340.43: 4/19/2018 340.43 4/13/2018 $0.00 $0.00 $0.00 17 5/14/2018 5/14/2018 340.43 340.43: 5/17/2018 340.43 5/11/2018 $0.00 $0.00 $0.00 17 6/14/2018 6/14/2018 340.43 340.43: 6/19/2018 340.43 6/13/2018 $0.00 $0.00 $0.00 17 7/25/2018 7/14/2018 340.437 340.43; 7/30/2018 340.43 7/13/2018 $0.00 $0.00 $0.00 17 8/14/2018 8/14/2018 340.437 34%; 8/17/2018 340.43 . 8/13/2018 $0.00 $0.00 $0.00 17 9/25/2018 9/14/2018 340.437 8&4; 9/28/2018 340.43 ‘ 9/13/2018 $0.00 $0.00 $0.00 17 10/15/2018 10/14/2018 340.43 V 734g; 10/18/2018 340.43 ‘10/12/2018 $0.00 $0.00 $0.00 17 11/14/2018 11/14/2018 340.437 784%; 11/19/2018 340.43 11/13/2018 $0.00 $0.00 $0.00 17 12/14/2018 12/14/2018 340.437 784%; 12/19/2018 340.43 12/13/2018 $0.00 $0.00 $0.00 17 1/14/2019 1/14/2019 340.43 340.43: 1/17/2019 340.43 1/11/2019_ $0.00 $0.00 $0.00 17 2/14/2019 2/14/2019 340.43 340.43l 2/14/2019 340.43 2/13/2019; $0.00 $0.00 $0.00 17 3/14/2019 3/14/2019 340.43 340.43: 3/14/2019 340.43 3/13/2019; $0.00 $0.00 $0.00 17 4/15/2019 4/14/2019 340.43 340.43' 4/15/2019 340.43 4/12/2019‘; $0.00 $0.00 $0.00 16 6/14/2019 5/14/2019 340.43 340.43: 0 5/13/2019 $0.00 $0.00 $0.00 16 7/14/2019 6/14/2019 697.88 697.88 7/12/2019 340.43 6/13/2019 $0.00 $0.00 $0.00 16 8/14/2019 7/14/2019 697.88 697.88 8/1/2019 340.43 7/12/2019 $0.00 $0.00 $0.00 16 9/14/2019 8/14/2019 697.88 697.88 8/30/2019 340.43 8/13/2019 $0.00 $0.00 $0.00 17 9/16/2019 9/14/2019 697.88 697.88 9/16/2019 697.88 9/13/2019 $0.00 $0.00 $0.00 16 11/14/2019 10/14/2019 340.437 340.43 0 10/11/2019‘ $0.00 $0.00 $0.00 16 12/14/2019 11/14/2019 697.887 697.88 0 11/13/2019 $0.00 $0.00 $0.00 16 1/14/2020 12/14/2019 1038.31 1038.31 0 12/13/2019 $0.00 $0.00 $0.00 16 2/14/2020 1/14/2020 1378.74 1378.74 0 1/13/2020 $0.00 $0.00 $0.00 16 2/28/2020 2/14&01 1719.17 1719.17 0 2/13/2020‘ $17.02 $0.00 $17.02 17 2/15/2020 3/14/2020] 2059.6 340.43 0 3/13/2020 12000' 'i o o o 12000 001916720? 17 1/14/2018 1/16/2018“ 0 0 0 -11892.67 0.01913874‘ 1 2/14/2018 2/14/2018 0 0 0 11783.25511 0.01913609 1 3/14/2018 3/14/2018 0 0 0 11671.71485 0.01913332 1 4/14/2018 4/16/2018 0 0 0 11558.00791 0.01913046 1 5/14/2018 5/14/2018 0 0 0 M20921 0.01912747 1 6/14/2018 6/14/2018 0 0 0 E19485 0.01912437 1 7/14/2018 7/25/2018 0 0 0 @346209 0.01899349 1 8/14/2018 8/14/2018 0 0 0 @151734 0.01911779 1 9/14/2018 9/25/2018 0 0 0 _956.34581 0.01897883 1 10/14/2018 10/15/2018 0 0 0 10829.63436 0.01911065 1 11/14/2018 11/14/2018 0 0 0 _F699.57001 0.01910682 1 12/14/2018 12/14/2018 0 0 0 _F566.97916 0.01910283 1 1/14/2019 1/14/2019 0 0 0 @181273 0.01909866 1 2/14/2019 2/14/2019 0 0 0 $402069 0.01909429 1 3/14/2019‘ 3/14/2019 0 0 0 [10153.55204 0.01908971 1 4/14/2019 4/15/2019 0 0 0 M03479 0.01908492 1 5/14/2019 0 0 0 W0.35479 0.02817542 1 6/14/2019’ 0 0 0 W0.35479 0.01984605 1 7/14/2019 0 0 0 M868218 0.01324112 1 8/14/2019 0 0 0 R263979 0.00664060 1 9/14/2019 9/16/2019 0 0 0 9276.942701 0.01905803 1 10/14/2019 0 0 0 9276.9427gf 1 11/14/2019 0 0 0 9276.942701‘ 1 12/14/2019 0 0 0 9276.942701 1 1/14/2020 0 0 0 9276.942701 1 2/14/2020 0 0 0 9276.94 3/14/2020 2/15/2020 0 0 0 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Christopher D. Mandarich SB 220693 Ajay Sood 33325294 Ehfiffi'fifl“ HaYK StambIlltsyaIl SB320973 h'jihpnu-rimniil IJ'Hnu inn:- fl' il'nl'flnn Amber Swearingen-Ojuri SB324653 rm 8/24/2021 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP H3“ mmflfl P.O. Box 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888. 1260 Attorneysfor Plaintifi’: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case N0. 21 -CLJ-O4590 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT JEFFREY TORRES, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $7,135.71 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time of charge-off is CONSUMER LOAN UNDERLYING BOND (CLUB) CERTIFICATE ISSUERTRUST I (SERVICED BY LENDING CLUB), 595 MARKET STREET #200, SAN FRANCISCO, CA 94105, and the account number associated With this debt is XXXXX8596. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the Exhibit "69" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is JEFFREY TORRES , 56 ROCKFORD AVE , DALY CITY, CA 94015. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXXXX8596 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to 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 to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay WebBank 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 to the terms governing the Account. 13. The date of last payment 0n the subject account was on August 28, 2019. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-offwas $7, 1 35.7 1 , 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 $7,135.71. 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, WebBank 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 to 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 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. WebBank extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions of the Account by Defendant use 0f the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $7,135.71. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $7,135.71 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $7,135.71, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A LoanID: -8596 This is a copy of an authoritative document Date Signed: 2/1 2/201 9 Borrower Agreement (February 2019) The following Borrower Agreement ("Agreement") is between you (“you" and "your" mean each and every borrower, including anyjoint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," or "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation (“LendingClub"). |f you make a loan request, and ifthat request results in a loan that is approved and funded by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will applyto any loan made in response to that request, and any secondary loan would be governed by the terms ofthe document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate if your loan request is cancelled, withdrawn, or d ESE TERMS. cilitated through the Site. When you make a request, you agree ~ - ' ' . \ request, subject to your right to cancel the request before closing an ur rig eement means you agree to repay the money provided by us to you and to abide by the terms ofthis Agreement, the Loan Agreement and Promissory Note, and all other agreements or disclosures provided to you during the loan process and which may be found in your LendingClub account. Any dispute with us, LendingClub or any subsequent holder ofthe Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to your right to opt out as set forth below. Each loan request is subject to our credit criteria in effect at the time ofyour loan request. LendingClub or another entity which has indirectly or directly acquired your loan from LendingClub. You acknowledge that an Investor's commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to invest in all or part of your loan request, but is not obligated to do so. ceives e. ERE 0R (2) THAT l - * e for or all of your requested amount, or is declined, or i we are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-ve (45) days to process and issue your loan. |f at any point, you no longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufciently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Te rms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance ofthe loan funded and your selected payment option (check or Automated Clearing House (“ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. All payments are to be applied to Borrower's obligations as Lender determines in its sole discretion. 5. Credit Decisions. Ifyou make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do notwish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof. Additionally, by proceeding with the application, you consent to our use of any information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verication, fraud The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by us. Furthermore, we may terminate consideration of your application at any time in our sole discretion. 6. Authorization to Obtain Consumer Report and Rights Related to Consumer Reporting Agencies. You authorize us and LendingClub to investigate your credit history by obtaining consumer reports about you. We may request a consumer report from consumer reporting agencies in considering any application or loan request, and we and LendingClub may request such reports on a periodic basis during the term ofthis Agreement or any Loan Agreement and Promissory Note. The terms ofsuch authorization are set forth more fully in the Credit Prole Authorization. Under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), (i) you have a right to review any le maintained on you by a consumer reporting agency, (ii) your le is available for review at no charge on request made to the consumer reporting agency within thirty days alter the date ofthe receipt of notice that credit has been denied, and your le is available for a minimal reporting charge at any other time; (iii) you have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a le on you maintained by that consumer re orting agency' iv no consumer re ortin a ency may make any consumer re ort containing any adverse item of information dating 'o OT BE PERMANENTLY REMOVED FROM THE Fl provide credit and debt counseling service are avai 7. Limited Power of Attorne l As a condition to receiving a loan 'om us, you hereby grant to LendingClub a limited power of attorney ("Power of Attorney") and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power ofsubstitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to: o Complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reect- the accepted terms set forth'In each of your nal Truth'In Lending Disclosure(s) as such may be posted 'om time to time in response to your loan This Power of Attorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your accountwith us; provided, however, ifa loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your poses of our pending loan n requests in the Ifyou choose tn request will be . future in our discretion. 8. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US |S NOT COMPLEI' ED (LE. CONSUMMATED) UNTILYOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MATERIALLY RELYING UPON THIS UNDERSTANDING |N UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. Your ability to cancel your loan application is governed by section 23(A) ofthis Agreement, which is below. 9. Military Lending Act. 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 ofthe Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specied credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement careIIIy to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-'ee number (844) 538-6754. 10. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain. LendingClub may delegate servicing to another entity in its sole discretion without notice. 11. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions of fact, including but not limited to your loan description and any other credit you have applied for; (ii) misrepresent your identity, or describe, present or portray yourselfas a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourselfto any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf; (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; (vi) use any ofthe loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose of purchasing or carrying any securities; (viii) use any ofthe loan proceeds for the purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or 12. Liability of the Borrower and Joint Applicant!CoBorrower is Joint and Several. The liability of anyjoint applicant/co-borrower under this Agreement and under the Loan Agreement and Promissory Note is in addition to and not in lieu ofthe obligations ofthe primary borrower. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Agreement, the Loan Agreement and Promissory Note and any other agreement and documents as if an original signatory. I either L narketi g . . I Ralf, yo a to be contacted by us, our agents, representatives, afliates, or anyone calling on our behalffor any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or articial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone'Is answered, whether by you or someone else. In the event that an agent or representative calls, he or sh autodials) from u ' ' : ' : = ' : - provided to us, or numbers we c n rea o .‘nl associat ' , ' - ' ‘nrmation or provided to us - . . , provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. 14. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory Note, or any ofour rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any time. You further understand, acknowledge and agree that LendingClub or another third party may further sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note, in whole or in part at anytime, without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation ofthis section 14 shall be null and void. You hereby appoint LendingClub as your agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the "Register") for recording the names and addresses of any owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its benecial interest in this Note, the right to The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. We may terminate this Agreement and your abilityto make loan requests at any time. If you committed 'aud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted bythis Agreement and applicable law. 15. Entire Agreeme nt. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. The WebBank Privacy Notice attached as Exhibit B is incorporated by reference into this Agreement. 16. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECT RONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SIT E. 17. Notices. All notices relating to legal actions or matters, including bankruptcy notices, must be sent to us at WebBank, clo LendingClub Corporation, 595 Market Str v ~ ~ ' : es sen to any other address will not satisfy any legal require 'Eunder may be given by email to your registered e 1ed to have been duly given and effective upon transmission. nt Summary on the Site and that communications from us may c ‘ ' ' v . ' ' ' ' r registered email address changes, you must notify Lending ' _ tailing 888-596-3157. You also agree to update your registered residence address and telephone number on the Site ifthey change. 18. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. n_t disbursed from Utah. The provisions ofthis Agreement will be governed by federal laws and the laws ofthe state of Utah to the extent not preempted, without regard to any principle of conicts of laws that would require or permit the application ofthe laws of any other jurisdiction. 21. Miscellaneous. The parties acknowledge that there are no third party beneciaries to this Agreement (other than LendingClub). Any waiver ofa breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition ofthis Agreement will not constitute a waiver ofsuch term or condition. Without limiting the foregoing, we may 22. Arbitration. RESOLUTION OF DISPUT ES: YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT lT LIMITS YOUR RIGHTS lN THE EVENT OF ADISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. Ifyou are a "Covered Borrower" as dened bythe Military Lending Act (32 CFR §232, as amended from time to time) at the time ofentering into this Agreement, this section 22 Arbitration is not applicable, and you do not need to opt out ofor take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution ofa Claim be nal and binding arbitration pursuant to this section 22 (the "Arbitration Provision"), unless you opt out as provided in section 22(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or Iture claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out ofthis Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result 'om any ofthe foregoing, including (except to the extent provided otherwise in the last sentence ofsection 22(f) below) the validity or enforceability ofthis Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless ofwhether they arise 'om contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope ofthis Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out ofthis Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, clo LendingClub The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document Corporation, 595 Market Street, #200, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see t as long as it is received at the specied address within the specied time. No other methods can be used to opt out ofthis Arbitration Provision. Ifthe opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, ifwe are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before ling any claim in arbitration, you may submit Claims by sending an email to customeradvocacv@lendinnclub.com at any time, or by calling (888) 596-3157 'om Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance with, the rules and policies of - - - - rules co i'- ' ' ' - Provision or any countervailing law. If you ha v ion rules, you may call 1(800) 778-7879 or visit th r would like to obtain a copy ofthe JAMS arbitration rules, you se ofa conict between the rules ct to countervailing law, unless all d. Ifwe (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator's ling costs and administrative fees (other than hearing fees). If you elect arbitration, ling costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one Jll day of arbitration hearings. Fees for hearings that exceed one day will be paid bythe party requesting the hearing, unless the administrator's rules after notice ofthe appeal. The panel will reconsider de novo all aspects ofthe initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be nal and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long *ERTED) I ' g by all pa ividuals or n, no party to the entities in the v . e arbitration, an award in arbitration shall determine the rights and obligations ofthe named parties only, and only with respect to the claims'In arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benet of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 22(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity ofthis section 22(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAAand applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect condential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship ofthe parties and/or LendingClub; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion ofthis Arbitration Provision other than section 22(f) is deemed invalid or unenforceable, the remaining portions ofthis Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 22(f) are nally adjudicated pursuant to the last The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document sentence ofsection 22(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH ACOURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN ACOURT BEFORE AJUDGE OR JURY UPON ELECTION OF ARBIT RATION BY ANY PARTY. 23. Cancellation A. Cancellation oprplication Prior to Loan Funding You may cancel your application without any fee or penalty prior to funding ofthe loan, as long as you provide us with sufcient advance notice to stop the loan funding. Loan Agreement and Promissory Note, even if already executed. Your access to or the functionality available at the Site may also be suspended or modied. B. Cancellation of Loan Agreement and Promissory Note Alter Funding YOU MAY CANCELTHE LOAN AGREEMENT AND PROMISSORY NOTE AT ANY TIME UP TO MIDNIGHT OF THE FIFI'H DAY AFI'ER THEE FOR BALANCE TRANSFER OR DIRECT PAY LOANS: IF YOU HAVE DIRECTED US TO DELIVER LOAN PROCEEDS TO ACCOUNTS ("DIRECTED ACCOUNTS") OUTSIDE OF YOUR CONTROL, LENDER WILLNOT BE ABLE TO RECOVER THESE FUNDS. LENDER, OR ITS AGENT, WILLATT EMPT TO WITHDRAW AN AMOUNT EQUALTO YOUR LOAN PROCEEDS WITHIN TEN (10) DAYS FOLLOWING YOUR REQUEST TO CANCEL. IF LENDER, OR ITS AGENT, IS UNABLE TO WITHDRAW SUCH AMOUNT AND YOU DO NOT OTHERWISE RETURN THE LOAN PROCEEDS WITHIN 30 DAYS, YOU WILL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS‘E®AGQE@EHEONT The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document Exhibit A LOAN AGREEMENT AND PROMISSORY NOTE Borrower Member ID: Joint Applicant/Co-Borrower Member ID: $ , 20- For value received, | (referred to herein as "Borrower" which for purposes ofthis Loan Agreement and Promissory Note (the "Note") includes all parties obligated hereunder, including anyjoint applicant/co-borrower) promise to payto the order ofWebBank or anysubsequent holder ("you" or "Lender") ofthis Note the principal sum of ($ ) Dollars with interest as set forth below. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all ofthe terms ofthis Note. Interest Rate. This Note bears ' - hereofu n ' annum. - . rate of (%) per Interest Calculation Method. ' ' r ' : ' . a h ofwhich is 30 days (or 30/360) long, regardless ifa month h installment of principal and, to the extent permitted by applicable l , calculated above. Payments. Principal and interest are to be paid during and throughout the period of months in the following manner: Payments of principal and interest in the amount of ($ ) Dollars are to be made bythe Borrower to the Lender commencing , 20_, and on the same day of each successive month thereafter until , 20_, when the full amount of unpaid principal, togetherwith unpaid accrued interest is due and payable. Ifthe monthly anniversary is on the 29th, 30th, or 3lst ofthe month, and the followin mont does not have a 29th 30th, or 3lst da the monthl a men will be due on the last d y ofthe month in fa di an th rest cas ent WI Borrower must pay us in U.S. dollars using a check (subject to any applicable check processing fee) or electronic debit that is drawn on and honored by a bank in the United States. Borrower may not make payments in cash. Borrower agrees that Lender can accept late or partial payments, or payments marked "paid in full" or other restrictive endorsements, without losing its rights. Borrower may authorize any Lender to debit Borrower's designated account by ACH transfer each month. The debit amount may be a range of payments, and account, r-u I ' ' ' ' : ’ . . ' r \ - ' - der to deliver loan proceeds o r ‘ I - I I . less for any alleged or actu l : I . v v : ' ‘ ' d Ac a nt to receive such proceeds ifsu- I I ' ' ‘.- , ' ' ' formation provided by B- . I - or investigate the accuracy or completeness ofthe information Borrower has provided. Borrower further agrees that ifthe loan proceeds are rejected by a Directed Account that'Is not Borrower's designated bank account, then Lender may deliver the loan proceeds into the designated bank account to satisfy our obligation ofloan proceed delivery. In all events under this section, interest will begin to accrue as of the date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third party, except that no interest will be due to the extent this Note is canceled. Ifwe are unable to deliver any portion ofthe loan proceeds to the Directed Account(s) or Borrower's designated bank account alter 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. For avoidance ofdoubt, if partial loan proceeds (any amount above $0) are delivered to the Directed Account(s) or Borrower's designated bank account, then the loan will not be canceled. Ifwe are only able to deliver partial loan proceeds to the Directed Account(s) or Borrower's designated bank account alter 14 days, we will apply the undelivered portion to the outstanding balance in accordance with our normal payment application procedures. |f Borrower elects to make payments by automatic withdrawal, Borrower has the right to stop payment ofthese automatic withdrawals or revoke prior authorization for automatic withdrawals by notifying Lender and LendingClub ofthe exercise of its right to stop a payment or revoke authorization for automatic withdrawals no less than three (3) bankinq days before Borrower's next payment due date. |f Borrower elects to make payments by check, Borrower must send the check either by regular mail or by overnight mail or UPS delivery to Wells Fargo Lock Box Services, Dept #34268, 3440 Walnut Ave, Window H, Fremont, CA 94538. There will be a $7 check processing fee per payment, subject to applicable law. Borrower may change its payment method bv contactinu sunnortlending_club.com. Borrower's payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document whether or not there are suicient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff Lender may have. Origination fee. If this loan is subject to an origination fee, such fee is deducted from the loan proceeds and paid to the Lender. Any origination fee of 5% or less is not refundable regardless of when, or if, the loan is paid in full. Any origination fee amount in excess of 5% is refundable on a prorated basis over the term of the loan when and if the loan is paid in full prior to its maturity date. A partial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower's loan and is subject to the accrual of interest. Insufcient funds fee. Ifa payment is returned, dishonored, or fails due to insufcient funds in the designated account, Borrower may be charged a fee of$15, to the extent permitted by applicable law. An insufcient funds fee may be assessed no more than once for a single failed payment. However, Lender may, at its option, choose to resubmit such payments. The bank that holds Borrower's deposit account may assess its own fee in addition to the fee assessed under this Note. payment, is more than 15 u , to the extent permitted by fter 12:30 P.M_.,Mountain rizes Lender, and its successors Pre a ments and Partial Pa ments. Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment will be credited against the loan balance as described in the Payments section above. Any partial repayment does not postpone the due date of any subsequent monthly payment, unless expressly agreed to in writing. |f Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Any regularly scheduled monthly installment of principal and interest that is received by Lender before the date it is due shall be deemed to have been received on wdu. utes . ufca -ating - r . : make 2 . u v the - - . ' ' ave futur ME o Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) les or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benet of creditors; (3) commits fraud or makes any material misrepresentation in this Note, the Lender may re loan account t- . reected in Borrowers credit repo . 'orrower agrees to pay all costs o co lecting any ellnquen paymen fees, as permitted by applicable law. r may report that account may be , inc uding reasonable attorneys' Joint and Several IJability. The liability of anyjoint applicant/co-borrower to repay in full this loan is in addition to and not in lieu ofthe obligations ofthe primary Borrower to repaythe loan in full. The joint applicant/co-borrower agrees to abide bythe terms and conditions ofthis Note or any other agreements or documents provide or executed as part ofthe application process, as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. Loan Charges. Ifa law that applies to the Loan and sets maximum loan charges is nally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECTRONIC TRANSACTIONS AND The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SIT E. BORROWER EXPRESSLY AGREES THAT THE NOTE IS A"TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECT RONIC TRANSACTIONS ACT. Registration of Note Owners. | have appointed LendingClub as my agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the "Registe r") for recording the names and addresses of any future owner of benecial interests in this Note (the "Note Owne rs") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its benecial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to '- ' ' ' - ’ ' ' = to any other third party, : Note and all associated each case to the registration ote inures to the successors, Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may 'om time to time, in whole or part, be renewed, extended, modied, accelerated, compromised, settled, canceled (as provided for in the Borrower Agreement) or released by Lender. Any changes to this Note must be'In writing signed by Borrower and Lender. Notices will be provided electronicallyto Borrower's account, of Utah to the extent not preempted, without regard to any principle of conicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity of any other provision ofthis Note. STATE LAW NOTICES:W 1785.3 ofthe 0 report, Borrow who furnished I : consumers on : CALIFORNIA I I . reecting on Borrower's credit record may be submitted to a credit reporting agency if Borrower fails to Illl the terms of Borrower's credit obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note before you read it. 2. You are entitled to a copy ofthis Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 ofthe Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. § 85, § 1463(g), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROT ECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTSWE REACH COVERING SUCH MATTERS ARE CONTAINED IN THISWRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT ASWE MAY LATER AGREE IN WRITING TO MODIFY IT. The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document NEW JERSEY RESIDENTS: The section headings ofthe Note are a table of contents and not contract terms. Portions ofthis Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Lender unless prohibited by "applicable law" are permitted by New Jersey law. NEW YORK. RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result ofthis application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and ifso, the name and address ofthe agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. . - a st unless, prior to the time that the loan'Is approved, Lender'Is furnished with a copy ofthe marital property agreement, statement, or decree or have actual knowledge of the adverse provision. Ifthis loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs to receive notication that credit has been extended to Borrower. WEST VIRGINIA RESIDENTS ONLY. For borrowers located in West Virginia, LendingClub'Is operating as a Credit Services Organization - "originati LendingClub's marketplace are originated by WebBank. LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money or consideration. LendingClub generates revenue in one or more ofthe following three ways: (1) transaction fees from WebBank; (2) servicing fees from investors; and (3) management fees from investment funds. Surety Notice: I have the rightt- Service Organi . bond is Intern u As required by agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq. ), (i0 your le' Is available for review at no charge on request made to the consumer reporting agency within thirty days alter the date ofthe receipt of notice that credit has been denied, and your le' Is available for a minimal reporting charge at any other time; (iii) you have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a le on you maintained by that consumer reporting agency; (iv) no consumer reporting agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report; (v) ACCURATE INFORMATION CANNOT BE PERMANENTLY REMOVED FROM THE FILES OF ACONSUMER REPORTING AGENCY; and (vi) non-prot organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local organization, or check your yellow pages under "Credit Counseling Services" to nd a non-prot service. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-lN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECT RONICALLY) The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document Exhibit B WEBBANK PRIVACY NOTICE FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOURLENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you howwe collect, share, and protect your personal information. Please read this notice carefully to understand whatwe do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: o Social Security number and transaction history o Account balances and payment history - Credit ' _: When are yourmde sc'rI§e§ |n this notice. l I All nan i ' : ers' pe c nal inform ti n to run tl e r eve ryday business. In the section below, w II n ies can s e their cu t rs' per al i rmation; the reasons WebBank chooses to h ' 'm limit this sh g. “i" Aim"; iii: e r; ” i II‘ . o 9 I -I:. . - . o . I For our everyday business purposes - such as to process your YES NO transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes- to offer our products and services YES NO “W097 ‘_I I_I I_I Ir jMIt ma kkting IIII h othI rmcihi opanie\\ /l .< 7 31 1 'l1 j/ ’Su‘mil‘iii Families:"ITS“ "‘77“°/\\ Iggugiggmoggavmmiw maLI IA I_I Iilo LI I_I I_I Weigi'tshIEI ‘I For our affiliates to market to you NO We don't share For nonaffiliates to market to you NO We don't share Call (888) 596-3157 or go to WIMN.lendingclub.comwith.» 4 How does WebBank collect my pe rsonal information? We collect your personal information, for example, when you a Open an account or pay us by check o Provide account information or give us your contact information o Show your driver's license We also collect your personal information from others, such as credit bureaus, afliates, or other companies. Why can't l limit all sharing? Federal law gives you the right to limit only - Sharing for afliates' everyday business purposes-information about your creditworthiness o Afliates from using your information to market to you o Sharing for nonafliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account l hold Your choices will apply to everyone on your account - unless you tell jointly with someone else? us otherwise. The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document Affiliates Companies related by common ownership or control. They can be nancial and nonnancial companies. o WebBank does not share with our afliates Nonaffiliates Companies not related by common ownership or control. They can be nancial and nonnancial companies. - Nonafliates we share with can include other nancial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. Joint marketing Aformal agreement between nonafliated nancial companies that together market nancial products or services to you. - Our joint marketing partners include nancial services companies, lenders, insurance companies, or other consumer QQTWGDK i DMZNT The authoritative document is maintained by LendingClub Corporation and this copy was created Jan O4 2020 08:31 :28 This is a copy of an authoritative document LOAN SUMMARY Loan ld:_8596 Primary Borrower Contact Information Full Real Name: JEFFREY TORRES Screen Name: Member_1761_1_1429 Email: Address: 56 Rockford Ave Daly City. CA 94015 Home Phone: - Cell or Work Phone: - Loan Information Loan Issue Date: Original Loan Amount Principle Balance: Principle Balance Date: 2/18/20 Payoff Balance: $7,135.71 Payoff Date: 2/19/20 Loan Documents Document Name Dateltime Document Version 1 Sig ned A L/J 05.n- n ST05:53:L0 AM PST Electroni Tran a ' U 1 05:53:L0 AM PS 05:41:34 AM P 05:41:34 AM P T 05:41:34 AM P 05:55 5C AM P DEDMZNT . . m a u u |< |< w ul ul m m am l The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 18 2020 09:00:35 EXHIBIT B Liza-zoo 68322526 o-zoo 70017401 E0200 71656416 20200 73322794 E200 75028643 M200 76673064 @200 78326125 M200 80014278 Lrotzo-zoo 81774415 Lot20-200 83516069 Lot20-200 I! 85323587 Lot20-200 [87122107 LOAN_ID CR «4: $130.44 > $0.002/13/2019‘ $151.63} $0.007 $130.44‘ 5000‘ $0.00 0: 3/13/2019 $154i27‘ $0.00 $127.80 $127.80 $0.00‘ $0.00 0f $0.00 4/13/20719 $15 $0.00 $125.12 $125.12 $0.00] $0.00 0 $0.00 5/13/2019\ $159.68 7M0 $122.39_ $122.39 $0.00 $0.00 0 $0.00 6/13/2019 $162.46 $0.00 $119.61 $119.61 $7000 $0.00 0 $0.00 7/13/2019 $165.28 $0.00 $116.79 $116.79 $0.00 $0.00 0 $0.00 8/13/2019 $0.00 $0.00 $115.35 5000‘ $0.00 $15.00 0 $0.00 9/13/2019 $0.00 $166.72 $113.91 $0.00 $115.35 $0.00 0 $15.00 10/13/2019 $0.00» $33488 $113.91“ $0.00 $229.26 $0.00 0 $15.00 11/13/2019 $0.00 $503.04 $113.91; $0.00 $343.17 $0.00 0 $15.00 12/13/2019 $0.00 $671.20 $113.91 $0.00 $457.08 $0.00 0 $15.00 1/13/2020 $0.00 $839.36 $0.00 $0.00 $570.99 $0.00 0 $15.00 520°“; 17 282.07 3/13/2019!$0.00 $0.00 \ 3/13/2019 3/13/2019 282.07? ‘ 282.07 $0.00 $0.00 $0.00 17 4/15/2019 4/13/2019 282.07' 282.07‘ 4/15/2019' 282.07 $0.00 $0.00 $0.00 17 5/13/2019 5/13/2019 282.07 282.07 5/13/2019 282.07 $0.00 $0.00 $0.00 17 6/13/2019 6/13/2019 282.07 282.07 6/13/2019 282.07 $0.00 $0.00 $0.00 17 7/15/2019 7/13/2019 282.07 282.07 7/15/2019 282.07 $0.00 $0.00 $0.00 17 ins/2019 8/13/2019 282.07 282.07 8/28/2019 282.07 $0.00 $0.00 $0.00 16‘13/2019 9/13/2019 282.07 282.07 0 $0.00 $0.00 $0.00 16 11/13/2019 10/13/2019 579.14 579.14 0 $0.00 $0.00 $0.00 16 12/13/2019 11/13/2019 861.21 861.21 0 $0.00 $0.00 $0.00 16 1/13/2020 12/13/2019 1143.28 1143.28 0 $0.00 $0.00 $0.00 16 1/15/2020 1/13/2020 1425.35 1425.35 0 $0.00 $0.00 $0.00 19 1/15/2020 2/13/2020 0 1707.42 0 ”a?“ 3/12/2019‘ 7500 0.01702 4/12/2019 7348,3675 0.01700781270 5/10/2019 7194097858 001699958136 717333 3/13/2019 3/13/2019 4/13/2019 4/15/2019 5/13/2019 5/13/2019 6/12/2019 7037.14521 0.01699083651 6/13/2019 6/13/2019 7/12/2019 6877.462894 0.01698152995 7/13/2019 7/15/2019 8/12/2019 6715.003436 r 0.0169716073 1 8/13/2019 8/28/2019 9/12/2019 6549.718537 9/13/2019 10/11/2019 6549.718537 10/13/2019 1:1/12/2019 6549.718537 11/13/2019 12/12/2019 6549.718537 12/13/2019 1/10/2020 6549.718537 1/13/2020 2/12/2020 6549.718537 1 I- II - II - II - II - II - II - II - II - II - II - II - I 2/13/2020 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electmnica lly IL try Superior [nun Inf Callfnrnla. Emmy {If San Maren fl“ 8/24/2021 Christopher D. Mandarich SB 220693 By Ajay Sood SB325294 D'IF-ul'rfllrll Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case No, 21 -CLJ-O4595 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT James Takenouchi, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $18,844.02 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time of charge-off is CONSUMER UNDERLYING BOND SECURITIZATIONSERIES 2018-1 GRANT TRUST (SERVICED BY LENDING CLUB), 71 STEVENSON ST SUITE 1000, SAN FRANCISCO, CA 94105, and the account number associated With this debt is XXXXX4140. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the Exhibit "70" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is James Takenouchi , 1369 SOUTH MAYFAIR AVENUE , DALY CITY, CA 94015. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXXXX4140 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to 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 to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay WebBank 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 to the terms governing the Account. 13. The date of last payment 0n the subj ect account was on September 23, 2019. 14. Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-off was $18,844.02, 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 $18,844.02. 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, WebBank 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 to 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 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. WebBank extended a credit loan t0 the Defendant. 25. Defendant accepted the terms and conditions of the Account by Defendant use 0f the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $ 1 8,844.02. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $ 1 8,844.02 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 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $18,844.02, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Loan-ml Pr'mary Bonower Contact Information Full Real Mme: Semen Name: Emil: Address: Home Pram: Cell orWork Phom: Loan lnformat ion Loan Issue Dam: Original Loan Amount Pnmiple Balance: Primiple Balance Dan: Payofl Balance: Payo Dam: Loan Documents Document Name LOAN SUMMARY James Takenouchi Member -414 1369 South Mayfair Avenue Daly City. CA 94015 E WC)? s17.18358 All/20 Datenime Thlsls amom warmth. document Document Version I -I STPST Iosure M PST >nsent Eeclmni Tm .'- and DiscI-s re: PS :_v P :_v3 zau'on P malic ment P -’] .3 The aulhorlmlve doounnnt Is malnulned by LendlngOIub Corporation and lhls copy wasmated Mar 31 Boa «32:1 5 Loan”): 0450 Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Date Signed: 2/7/201 9 Borrower Agreement (January 2018) The following Borrower Agreement ("Agreement") is between you (“you" and "your" mean each and every borrower, including anyjoint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank (“we," or "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation (“LendingClub"). |f you make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will applyto any loan made in response to that request, and any secondary loan would be governed by the terms ofthe document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate if your loan request is cancelled, withdrawn, or declined. BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. . through the Site. When - bject to your right to money provided by us to nt, yo ca request an installment loan issued and originated by us that is facilit forth below. Each loan request is subject to our credit criteri- i effect at th:- .- ofyour loan request. 2. Account Verification. You understand that ifwe are unable to verify your bank account for any reason, we will cancel your application, your loan request will not be posted on the Site, and this Agreementwill be terminated. 3. Loan Requests. You may post a qualifying loan request on the Site. You may not post more than one loan request on the site at a time and you may not have more than two loans outstanding at any given time. You may post a loan request on the Site, and LendingClub investors ("Investors") will be able to review your loan request. Investors may commit to (i) purchase the loan by subsequently acquiring the loan itself from us or LendingClub or (ii) invest indirectly in your loan through the purchase ofsecurities issued by LendingClub. You acknowledge that an Investor's commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to issued if it receives .REST, 0R (2) THAT No later than thirty (30) days after your application is complete, v - ' tell you if your loan is approved and will issue for some or all of your requested amount, or is declined, or ifwe are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-ve (45) days to process and issue your loan. |f at any point, you no longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufciently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Te rms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance ofthe loan issued and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. Ifyou make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do notwish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof. Additionally, by proceeding with the application, you consent to our use of any information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verication, fraud prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. us. Furthermore, we may terminate consideration of your application at any time in our sole discretion. 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to LendingClub a limited power of attorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power ofsubstitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reect- the accepted terms set forth in each of your nal Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan request(s) in the on-line account you have established with LendingClub where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fullyto all intents and purposes as you might or could do in person ("Power ofAttorney"). This Power ofAttorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your accountwith us; provided, however, ifa loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your behalf and shall be your valid and binding obligation thereafter. You aqree and acknow dinqClub is an intended third-partv beneficiarv of this Sectio receivin - a loan from s for purnoses of Ifyou choose to revoket requestwill be considere future in our discretion. You may cancel your application without any fee or penalty u ' notice to stop the loan funding. 7. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLEI' ED (LE. CONSUMMATED) UNTILYOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MATERIALLY RELYING UPON THIS UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. YOU MAY CANCELTHE LOAN AGREEMENT AND PROMISSORY NOTE AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFI'ER ' ILL BE WITHDRAWN OUNT FROM YOUR " ROWER AGREEMENT, EREST, AND ING US AT A*Q‘G B ' D PAYM = R Isso New. TA ("DIRECTED ACCOUNTS") OUTSIDE OF YOUR CONTROL, LENDINGCLUB WILLNOT BE ABLE TO RECOVER THESE FUNDS. LENDINGCLUB WILLATTEMPT TO WITHDRAW AN AMOUNT EQUALTO YOUR LOAN PROCEEDS LESS THE ORIGINATION FEE WITHIN 5-7 DAYS FOLLOWING YOUR REQUEST TO CANCEL. IF LENDINGCLUB IS UNABLE TO WITHDRAW SUCH AMOUNT, YOU WILL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALLOBLIGATIONS UNDER THE BORROWER AGREEMENT, LOAN AGREEMENT AND PROMISSORY NOT E. 8. Military Lending Act. 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 ofthe Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specied credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number (844) 538-6754. 9. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain. LendingClub may delegate servicing to another entity in its sole discretion without notice. 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. misleading or deceptive statements or omissions of fact in your listing, including but not limited to your loan description; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourselfto any person, as a representative, employee, or agent ofours, or purport to speak to any person on our behalf; (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or (vi) use any ofthe loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose of purchasing or carrying any securities; (viii) use any ofthe loan proceeds for the purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof; or (ix) use the Site to request or obtain a loan for someone other than yourself; and (C) that you have all necessary consents, permissions, acknowledgements or agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verication. You further acknowledge and agree that we may rely without independent verication on the accuracy, authenticity, and completeness of all information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or LendingClub, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint Applicant!CoBorrower is Joint and Several. The liability of anyjoint applicant/co-borrower under this Agreement and und ' tions ofthe primary nder this Agreement. her you or the joint messages (including text messages) from us, our agents, representatives, afliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, afliates, or anyone calling on our behalffor any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or articial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and articial voice and autodialed) 'om us, our agen. - e sentatives, aflia or anyone calling our behalf at the specic number( you have provided to us, ' Jim (through skip tr , caller ID capture or other mean ), ith information or ' wa a ta u rep entth e-mail, using any email address you have provided to us ort a ou n o ide to us in the Jture. We may listen to and/or record phone calls between you and our representatives without notice to you as u *- d by applicable law. For example, we listen to and record calls for quality monitoring purposes. 13. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory Note, or any ofour rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any time. You thher understand, acknowledge and agree that LendingClub or another third party may thher sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation ofthis section 13 shall be null and void. You hereby appoint LendingClub as your agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the "Register") for recording the names and addresses of any owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereof'om time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its benecial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. We may terminate this Agreement and your abilityto make loan requests at any time. |f you committed 'aud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted bythis Agreement and applicable law. The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. 14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan. The WebBank Privacy Notice attached as Exhibit B is incorporated by reference into this Agreement. 15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECT RONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SIT E. 16. Notices. All notices and other communications to you hereunder may be given by email to your registered email address or posted on your Account Summary on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control ofsuch email account and your Account Summary on the Site and that communications from us may contain sensitive, condential, and collectionsrelated communications. |f your registered email address changes, you must notify LendingClub ofthe change by sending an email to support@lendingclub.com or calling 888-596-3157. You also agree to update your registered residence address and telephone number on the Site ifthey change. 17. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IAL, EXEMPLARY, RTHERMORE, WE MAKE NO REPRESENT ‘ Y HAVE UPON YOUR FOREIGN, FEDERAL, ST ‘ 19. Choice of Law. We are located in the state of Utah an- t is Agreement i tered into in the state of Utah. The provisions ofthis Agreement will be governed by federal laws and the laws of the extent not preempted, without regard to any principle of conicts of laws that would require or permit the application ofthe laws of any other jurisdiction. 20. Miscellaneous. The parties acknowledge that there are no third party beneciaries to this Agreement (other than LendingClub). Any waiver ofa breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition ofthis Agreement will not constitute a waiver ofsuch term or condition. |f at any time alter the date ofthis Agreement, any ofthe provisions ofthis Agreement shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability ofsuch provision shall have no effect upon and shall not impair the enforceability of any other provisions ofthis Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation ofthis Agreement in any way. ‘ TES: YOUME READ THIS PRQISION CAREFULLY AND UNDER for resolution ofa Claim be nal and binding arbitration pursuan ' section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or Jture claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out ofthis Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result 'om any ofthe foregoing, including (except to the extent provided otherwise in the last sentence ofsection 21(f) below) the validity or enforceability ofthis Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless ofwhether they arise 'om contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope ofthis Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out ofthis Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, clo LendingClub Corporation, 71 Stevenson St., Suite 1000, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see t as long as it is received at the specied address within the specied time. No other methods can be used to opt out ofthis Arbitration Provision. Ifthe opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. |f a Claim arises, our goal is to learn about and address your concerns and, ifwe are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before ling any claim in arbitration, you may submit The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Claims by sending an email to customeradvocacv@lendinnclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance with, the rules and policies ofthe administrator selected, except to the extent the rules conict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAAor would like to obtain a copy ofthe AAAarbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy ofthe JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case ofa conict between the rules and policies ofthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies ofthe administrator apply. d. Ifwe (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator's ling costs and administrative fees (other than hearing fees). If you elect arbitration, ling costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid bythe party requesting the hearing, unless the administrator's rules or applicable law require ot - . . . subsequent holder agrees) to do so. Each pa fa statute gives you the right to recover any a o the contrary herein. z rbitrator panel selected . » -appeal within 30 days alter notice ofthe appeal. The p ' - will reconsi e novo all a ects ofthe ' al award that are a ealed. Cos s and conduct of any appeal shall be governed by this Arbitration Provision and t e administrato les, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be nal and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERALON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERT ED) IN ACOURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN ACOURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration mayjoin, consolidate, or otherwise bring claims for or on behalf oftwo or more individuals or unrelated corporate entities in the same arbitration unless those a - e s are parties to a ' gle transaction. U ss consented to in writing by all u - ies to the arbitration, an ns ofthe named ies only, and only with respect to th claims'In arbitration, g. This Arbitration Provision is made pursuant to a transaction ' v" g interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAAand applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect condential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship ofthe parties and/or LendingClub; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion ofthis Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions ofthis Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are nally adjudicated pursuant to the last sentence ofsection 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH ACOURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN ACOURT BEFORE AJUDGE OR JURY UPON ELECTION OF ARBIT RATION BY ANY PARTY. Exhibit A LOAN AGREEMENT AND PROMISSORY NOTE The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower Member ID: Joint Applicant/Co-Borrower Member ID: $ , 20- For value received, | (referred to herein as "Borrower" which for purposes ofthis Loan Agreement and Promissory Note (the "Note") includes all parties obligated hereunder, including anyjoint applicant/co-borrower) promise to payto the order ofWebBank or anysubsequent holder ("you" or "Lender") ofthis Note the principal sum of ($ ) Dollars with interest as set forth below. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all ofthe terms ofthis Note. Interest Rate. This Note bears interest during each calendar month 'om the date hereofuntil paid in full, at a xed rate of (%) per annum. Interest Calculation Method. Interest is calculated daily on the basis ofa 360-day year with 12 months each ofwhich is 30 days (or 30/360) long, regardless ifa month has more or fewer than 30 days. This Note shall bear interest on any overdue installment of principal and, to the . ny overdue installment of interest, at the interest rate stated and as calc u above.extent permitted by applicabl. Payments. Principal and ' -rest is to u A aid an , mon r anner: Payments of principal an terest in the am- ; Iollars are rorrower to the Lender commencing v thereafter 0_, when the full amount of unpaid principal, togethe . a accr - u ' ‘ . - monthly ann' 9th, 30th, or 3lst ofthe month, and the following month does not have a 29th, 30th, a r 3lst day, the which the payment was due. hly payment will be due on the last day ofthe month in Borrower's last payment might be ofa different amount, which could be higher than the monthly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment alter the payment due date. In such cases, the amount ofthe last monthly payment will be adjusted bythe amount necessary to repaythe loan in full. All payments on this Note are to be made in immediately available lawful money ofthe United States. Borrower may make loan payments either by check, subject to any applicable check processing fee, or Borrower may authorize any Lender to debit Borrower's designated account by ACH transfer each month. The debit amount may be a range of payments, which would include information provided by Bu-rrwer to Le . - .- , - _ ' . ' - o ("Directed Accounts") ' s, claim, fee or other Lender. Borrower pleteness ofthe (directly or indirectly) of a acknowledges that neither Borrower's designated bank account, then Lender may deliver ' proceeds into the designated bank account to satisfy our obligation of loan proceed delivery. In all events under this section, interest will be in to accrue as of the date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third party. Ifwe are unable to deliver any portion ofthe loan proceeds to the Directed Account(s) or Borrower's designated bank account after 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. For avoidance ofdoubt, if partial loan proceeds (any amount above $0) are delivered to the Directed Account(s) or Borrower's designated bank account, then the loan will not be canceled. Ifwe are only able to deliver partial loan proceeds to the Directed Account(s) or Borrower's designated bank account after 14 days, we will apply the undelivered portion to the outstanding balance in accordance with our normal payment application procedures. If Borrower elects to make payments by automatic withdrawal, Borrower has the right to stop payment ofthese automatic withdrawals or revoke prior authorization for automatic withdrawals by notifying Lender and LendingClub ofthe exercise of its right to stop a payment or revoke authorization for automatic withdrawals no less than three (3) banking days before Borrower's next payment due date. If Borrower elects to make payments by check, Borrower must send the check either by regular mail or by overnight mail or UPS delivery to Wells Fargo Lock Box Services, Dept #34268, 3440 Walnut Ave, Window H, Fremont, CA 94538. There will be a $7 check processing fee per payment, subject to applicable law. Borrower may change its payment method bv contactinu sunnortlending_club.com. Borrower's payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, whether or not there are sufcient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff Lender may have. All payments are to be applied rst to the payment of all fees, expenses and other amounts due (excluding principal and interest), then to The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. accrued interest, and the balance on account ofoutstanding principal; provided, however, that alter an Event of Default (as dened below), payments will be applied to Borrower's obligations as Lender determines in its sole discretion. Origination fee. If this loan is subject to an origination fee, such fee is deducted from the loan proceeds and paid to the Lender. Any origination fee of 5% or less is not refundable regardless of when, or if, the loan is paid in full. Any origination fee amount in excess of 5% is refundable on a prorated basis over the term of the loan when and if the loan is paid in full prior to its maturity date. A partial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower's loan and is subject to the accrual of interest. Insufcient funds fee. Ifa payment is returned or fails due to insufcient Jnds in the designated account, Borrower may be charged a fee of $15, to the extent permitted by applicable law. An insufcient Jnds fee may be assessed no more than once for a single failed payment. The bankthat holds Borrower's deposit account may assess its own fee in addition to the fee assessed under this Note. Late fee. If any part of Borrower's payment, other than payments owed for any fee(s) assessed on a prior monthly payment, is more than 15 days late, a late fee may be charged in an amount equal to the greater of 5% ofthe outstanding payment or $15, to the extent permitted by applicable law. Only one late fee may be charged on each late payment. Any check payment received after 12:30 P.M., Mountain ' ' a --em s received on the next succeeding banking dam Borrower authorizes 4- u r, and its successors partial prepayment will b : postpone the due date of .- installment of principal and interest that'Is received by Lender before the da e It is due shall be deemed to have been received on the due date solely for the purpose of calculating interest due. Use of Funds. Borrower certies that the proceeds ofthe loan will not be used for the purpose of purchasing or carrying any securities or to Ind any illegal activity, or to Ind any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) les or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benet of creditors; (3) commits 'aud or makes any material misrepresentation in this Note, or in any other documents, ap ' atIons a related materiaEtlelivered to Lendem connection with its loan or (4) fai o abide bythe terms of this Note or the Borrower I n eement. n p- the occurrence of an Event of Default, Lender may exercise all reme A, available under ' ' this Note. , Lender will report that loan account to the credit su- . ' .- on an account may be fees, as permitted by applicable law. Joint and Several IJability. The liability of anyjoint applicant/co-borrower to repay in Ill this loan is in addition to and not in lieu ofthe obligations ofthe primary Borrower to repaythe loan in Ill. The joint applicant/co-borrower agrees to abide bythe terms and conditions ofthis Note or any other agreements or documents provide or executed as part ofthe application process, as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions 'om either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. Loan Charges. Ifa law that applies to the Loan and sets maximum loan charges is nally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected 'om Borrower that exceeded permitted limits will be reInded to Borrower. Lender may choose to make this reInd by reducing the principal owed under this Note or by making a direct payment to Borrower. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT |S SET FORTH |N THE TERMS OF USE FOR THE SIT E. BORROWER EXPRESSLY AGREES THAT THE NOTE |S A"TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES |N GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECT RONIC TRANSACTIONS ACT. The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Registration of Note Owners. | have appointed LendingClub as my agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the "Registe r") for recording the names and addresses of any future owner of benecial interests in this Note (the "Note Owne rs") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its benecial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to Borrower, assign all ofits right, title and interest in this Note to any other third party, and Borrower further understands, acknowledges and agrees that any assignee may sell, assign or transfer the Note and all associated documents and information related to the Note without Borrower's consent or delivery of notice (subject in each case to the registration requirement above). Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender. Borrower hereby waives dema - - atice of non-payment, protest, and all other notices or demands whatsoever, ereby consents that o time, in whole or part, to Borrower's account, This Note is subjectto the arbI . on provisions u reference into this Note. is incorporated by Controlling Law. Lender is located in the State of Utah and this Note is executed and delivered in the State of Utah and is a contract made under such state's law. The provisions ofthis Note will be governed by federal laws and the laws ofthe State of Utah to the extent not preempted, without regard to any principle of conicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity of any other provision ofthis Note. STATE LAW NOTICES: CALIFORNIA RESIDENTS ONLY: A married applicant may apply for a separate account. If Lender takes any adverse action as dened by § 1785.3 ofthe California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the rig o obta' within 60 days ee copy of Borrow consumer credit report 'om the sumer reporting agency who Jrnished the consu v-r redit re rt nd 'om any other consumer credit reporting aency that comlies an» . intains les on consumers on a nationwd CALIFORNIA AND UTAH R : ' z a la ' ' gative credit report reecting on Borrower's c t r -, e - ort ng ' ~ of Borrower's credit obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note the unpaid balance at any time without penalty. - v-u read it. 2. You are entitled to a copy ofthis Note. 3. You may prepay MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 ofthe Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. § 85, § 1463(9), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROT ECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTSWE REACH COVERING SUCH MATTERS ARE CONTAINED IN THISWRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT ASWE MAY LATER AGREE IN WRITING TO MODIFY IT. NEW JERSEY RESIDENTS: The section headings ofthe Note are a table of contents and not contract terms. Portions ofthis Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Lender unless prohibited by "applicable law" are permitted by New Jersey law. The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result ofthis application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and ifso, the name and address ofthe agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WASHINGTON RESIDENTS ONLY: Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment ofa debt are not enforceable under Washington law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower's signature conrms that this loan obligation is being incurred in the interest of Borrower's marriage or family. No provision of any marital property agreement (pre-marital agreement), unilateral statement under § 766.59 ofthe Wisconsin statutes or court decree under § 766.70 adversely affects Lender's interest unless, prior to the time that the loan is approved, Lender is furnished with a copy ofthe marital property agreement, statement, or decree or have actual knowledge of the adverse provision. Ifthis a . ich Borrower is applying is granted, Borrower will notify Lender if Borrow v a spouse who needs to receive notication that WEST VIRGINIA RESID' Services Organization ("CSO") in connection wi :-et, Suite 1000, San Francisco, CA 94105. Len ' ' s ' 71I i ateway Oaks Dr., Suite 150N, Sacramento, CA 9583 . Description of Services: LendingClub operates as an online --.- rketplace pl n: m. It does not issue, fund, or lend loans directly to the consumer; rather, it operates under an "originating bank" model in which it is a third-party vendor ofa federally regulated and insured bank. The "originating bank" model allows the bankto originate loans to applicants through LendingClub's Platform. Loans facilitated through LendingClub's marketplace are originated by WebBank. LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money or consideration. LendingClub generates revenue in three ways: (1) transaction fees from WebBank; (2) servicing fees from investors; and (3) management fees from investment funds. Surety Notice: LendingClub has obtained and retains in effect a surety bond or maintains a surety account in the amount of$15,000. You have the right to maintain an . ' .- law against the and against the ety or trustee for damages incurr by violation ofthe Credit Code. The nam nd address ofthe surety compan hich issued the surety y a consumer reporting tno charge on request denied, and your le is completeness of accuracy of any item contained in a le on you A ' . Ined by that consumer reporting agency; (iv) no consumer reporting agency may make any consumer report containing any adverse item of information dating 'om more than seven (7) years before the report; (v) ACCURATE INFORMATION CANNOT BE PERMANENTLY REMOVED FROM THE FILES OF ACONSUMER REPORTING AGENCY; and (vi) non-prot organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local organization, or check your yellow pages under "Credit Counseling Services" to nd a non-prot service. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-lN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECT RONICALLY) Exhibit B WEBBANK PRIVACY NOTICE FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOURLENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you howwe collect, share, and protect your personal information. Please read this notice careJIIy to understand whatwe do. The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Wha The types of personal information we collect and share depend on the product or service you have with us. This information can include: - Social Security number and transaction history o Account balances and payment history o Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice. All nancial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons nancial companies can share their customers' personal information; the reasons WebBank chooses to share; and whether you can limit this sharing. "3,1 hform‘aition’ Yr Does WebBank share? Can you limit this sharing? For our everyday business purposes - such as to process your YES NO transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes - to offer our products and services YES NO to you For joint marketing w'y{h other firiatkialc YES r1 H YES For our affiliates' ev r day business r oses fell tion NO We don't share about your transactions a d experiences, For our affiliates'eveWspUfofonmétig/ NO k/ We don't shareabout your creditworthiness _ For our affiliates to market to you NO We don't share For nonaffiliates to market to you NO We don't share @1111 a Call (888) 596-3157 or go to WIMN. lendingclub.com I How does WebBank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured les and buildings. l-l How does WebBank c e r nal informatfdn? We cbtleq your personal information, for ex mple, when you ' :- ' ~ ' s our contact information :- . fr m others, such asR c edit bureaus, afliates, or 0t er companies. Why can't l limit all sharing? Federal law gives you the right to limit only - Sharing for afliates' everyday business purposes-information about your creditworthiness a Afliates om using your information to market to you o Sharing for nonafliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account l hold Your choices will apply to everyone on your account - unless you tell jointly with someone else? us otherwise. Definitions Affiliates Companies related by common ownership or control. They can be nancial and nonnancial companies. - WebBank does not share with our afliates Nonaffiliates Companies not related by common ownership or control. They can be nancial and nonnancial companies. - Nonafliates we share with can include other nancial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. The original document is owned by LendingClub Corporation and this copy was created on Feb 07, 2019 06:24:02 PM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Joint marketing Aformal agreement between nonafliated nancial companies that together market nancial products or services to you. - Our joint marketing partners include nancial services companies, lenders, insurance companies, or other consumer service providers. UJN~OKOOOQONM$UJNHO Electmnica lly IL bySuperI-JrCmrtnf Callfnrnla. Emmy nfSan Maren 0N 8/24/2021 B Christopher D. Mandarich SB 220693 y WWW ‘3'“ Ajay Sood SB325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case N0. 21 'CLJ-04602 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT ARNOLD MACATANGAY, an individual; 2. OPEN BOOK ACCOUNT elizabeth mendoza, an individual and DOES 1 through 10 inclusive. Defendants . DEMAND: $24,378.27 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time of charge-off is WILMINGTON SAVINGS FUND SOCIETY FSB D/B/A CHRISTIANA TRUSTTTEE OF ALTERNATIVE LENDING HOLDINGS TRUST(SERVICED BY LENDING CLUB), 71 STEVENSON ST, SUITE 1000, SAN FRANCISCO, CA 94105, and the account number associated with this debt is XXXXX0546. 5. Plaintiff is informed and believes that Defendants are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the Exhibit "71 " COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO proper Court for trial of this action. 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ARNOLD MACATANGAY and elizabeth mendoza, 23 MAYWOOD AVE , DALY CITY, CA 9401. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise 0f the Defendants sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendants by such fictitious names. Plaintiff Will amend this Complaint t0 show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each of the Defendants was, and is, the agent, servant and employee, employer of each of the other Defendants, and also acted in the capacity 0f and as agent of the other Defendants. Plaintiff also believes that the individual Defendants, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit of the Defendants' separate and/or community property. 9. Plaintiff believes that, for value received, Defendants and each 0f them, executed and delivered a credit application t0 the original creditor, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendants With a credit account, and granted use privileges on the same, account number XXXXX0546 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendants agreed t0 comply with the terms governing the use 0f the Account, as it was amended from time t0 time, including repaying WebBank and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase ofgoods and service and/or cash advances and balance transfers along with late charges, over limits charges related thereto. 12. Defendants used the Account to make purchases and/or to take cash advances and/or to make balance transfers. Each time the Defendants used the Account t0 purchase goods and COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O services and/or take cash advances and/or make balance transfers, Defendants reaffirmed their agreement t0 repay WebBank and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers, along With such other charges as may be assessed pursuant to the terms governing the Account. 13. The date of last payment 0n the subj ect account was on November 28, 2019. 14. Within the last four years, the Defendants failed t0 make payments as agreed 0n the Account. Defendants have failed, refused and neglected t0 pay amounts due 0n the Account. 15. The debt balance at charge-off was $24,378.27, 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 Defendants owe Plaintiff $24,378.27. 17. Although demand has been made upon said Defendants to pay said amount, n0 part has been paid, and it is now due and owing. 18. Upon information and belief, WebBank 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 to the Defendants While the account was active, demonstrating that the debt was incurred by the Defendants. 21. Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with WebBank, the Defendants s agree t0 reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 23. Plaintiff refers to and incorporates paragraphs 1 through 22. 24. WebBank extended a credit loan t0 the Defendants. 25. Defendants accepted the terms and conditions of the Account by Defendants use 0f the Account to make purchases and/or to take cash advances and/or to make balance transfers. 26. Defendants have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $24,378.27. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendants and each 0f them became indebted in the amount 0f the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendants, said amount of $24,378.27 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendants to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendants as follows: 1. For the damages and money in the sum 0f $24,378.27, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 r' . Q I; .u f gi f-|-" [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower Ag reement (January 2018) The following Borrower Agreement ("Agreement") is between you ("you" and "your" mean each and every borrower, including anyjoint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," 0r "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation (”LendingClub"). If you make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms ofthe document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate ifyour loan request is cancelled, withdrawn, or declined. BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. n through the Site. When ubject to your right to money provided by us to : nts or disclosures -, LendingClub or any bject to your right to opt out as setoy binding arbitra i- forth below. Each loan request is subject to our credit criter a n effect at th:- ofyour loan request. 2. Account Verification. You understand that ifwe are unable to verily your bank account for any reason, we will cancel your application, your loan request will not be posted on the Site, and this Agreement will be terminated. 3. Loan Requests. You may post a qualifying loan request on the Site. You may not post more than one loan request on the site at a time and you may not have more than two loans outstanding at any given time. You may post a loan request on the Site, and LendingClub investors ("Investors") will be able to review your loan request. Investors may commit to (i) purchase the loan by subsequently acquiring the loan itselffrom us or LendingClub or (ii) invest indirectly in your loan through the purchase ofsecurities issued by LendingClub. You acknowledge that an Investor's commitment to invest in all or a portion ofyour loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendinClub may also choose to invest in all or part ofyour a ~ ut is not obligd to do so. We may elect in our sol ssued if it receives commitments totaling le .REST, 0R (2) THAT N0 later than thirty (30) days after your application is complete, ~ ' tell you ifyour loan is approved and will issue for some or all ofyour requested amount, or is declined, or ifwe are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-ve (45) days to process and issue your loan. lfat any point, you no longer want a loan under your pending loan request, you must notify us in writing ofyour election to terminate your loan request sufciently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance ofthe loan issued and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof. Additionally, by proceeding with the application, you consent to our use ofany information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verication, fraud prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. us. Furthermore, we may terminate consideration ofyour application at any time in our sole discretion. 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to LendingClub a limited power of attorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power ofsubstitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reect- the accepted terms set forth in each of your nal Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan request(s) in the on-line account you have established with LendingClub where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fully to all intents and purposes as you might or could do in person ("Power ofAttorney" ). This Power ofAttorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your account with us; provided, however, ifa loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your behalf and shall be your valid and binding obligation thereafter. request will be considere- future in our discretion. You may cancel your application without any fee or penalty u notice to stop the loan funding. nr to funding - e loan, as long as you provide us with sufcient advance 7. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (LE. CONSUMMAT ED) UNTILYOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MAT ERIALLY RELYING UPON THIS UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. YOU MAY CANCELTHE LOAN A REEMENT AND PROMISSORY NOTE AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFT ER ("DIRECT ED ACCOUNTS") OUTSIDE OF YOUR CONT ROL, LENDINGCLUB WILL NOT BE ABLE TO RECOVER THESE FUNDS. LENDINGCLUB WILLATTEMPT TO WITHDRAW AN AMOUNT EQUALTO YOUR LOAN PROCEEDS LESS THE ORIGINATION FEE WITHIN 5-7 DAYS FOLLOWING YOUR REQUEST TO CANCEL. IF LENDINGCLUB IS UNABLE TO WITHDRAW SUCH AMOUNT, YOU WILL REMAIN RESPONSIBLE FOR PERFORMANCE OF ALLOBLIGATIONS UNDER THE BORROWER AGREEMENT, LOAN AGREEMENT AND PROMISSORY NOT E. 8. Military Lending Act. Federal law provides important protections to members ofthe Armed Forces and their dependents relating to extensions ofconsumer credit. In general, the cost ofconsumer credit to a member ofthe 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: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specied credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number (844) 538-6754. 9. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating your loan requests, and all other aspects of your relationship with us. LendingClub will also act as the servicer ofany loan that you obtain. LendingClub may delegate servicing to another entity in its sole discretion without notice. 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. misleading or deceptive statements or omissions offact in your listing, including but not limited to your loan description; (ii) misrepresent your identity. or describe, present or portray yourself as a person other than yourself, (iii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourselfto any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf: (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or (vi) use any ofthe loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose ofpurchasing or carrying any securities; (viii) use any ofthe loan proceeds for the purpose ofinvesting, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof; or (ix) use the Site to request or obtain a loan for someone other than yourself, and (C) that you have all necessary consents, permissions, acknowledgements or agreements from all joint applicants/co-borrowers and we may rely upon this agreement without any investigation or verication. You further acknowledge and agree that we may rely without independent verication on the accuracy, authenticity, and completeness of all information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or LendingClub, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint ApplicantICoBorrower is Joint and Several. The liability ofanyjoint applicant/co-borrower under this Agreement and un z n e 'ations ofthe primary borrower. The joint applic Agreement and Promissory Note and an We and our successors . Further, we can accept in applicant/co-borrower, and nder this Agreement. her you or the joint 12. TCPA Consent & Privacy. Notwithstanding any curre t or prior elect o' a opt in or opt out ofreceiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, afliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, afliates, or anyone calling on our behalffor any and all purposes arising out ofor relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or articial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent 0r representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and articial voice and autodialed) from us, our age entatives, afliatj or anyone calling our behalfat the specic number( you have provided to us, c nt (through skip tr ith information or quality monitoring purposes. 13. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory Note, or any ofour rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any time. You further understand, acknowledge and agree that LendingClub or another third party may further sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation ofthis section 13 shall be null and void. You hereby appoint LendingClub as your agent (in such capacity, the “Note Registrar") for the purpose ofmaintaining a book-entry system (the "Register") for recording the names and addresses of any owner of beneficial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner ofits benecial interest in this Note, the right to payment ofprincipal and interest on this Note shall not be effective until the transfer is recorded in the Register. We may terminate this Agreement and your ability to make loan requests at any time. lfyou committed fraud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law. The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. 14. Entire Agreement. This Agreement, and any Loan Agreement and Promissory Note that may be agreed for a loan, represent the entire agreement between you and us regarding the subject matter hereofand supersede all prior or contemporaneous communications, promises and proposals. whether oral. written or electronic, between us with respect to your loan request and loan. The WebBank Privacy Notice attached as Exhibit B is incorporated by reference into this Agreement. 15. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES. WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. 16. Notices. All notices and other communications to you hereunder may be given by email to your registered email address or posted on your Account Summary on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control of such email account and your Account Summary on the Site and that communications from us may contain sensitive. condential, and collectionsrelated communications. If your registered email address changes, you must notify LendingClub ofthe change by sending an email to support@lendingclub.com or calling 888-596-3157. You also agree to update your registered residence address and telephone number on the Site ifthey change. 17. N0 WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMIT ED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18. LIMITATION ON Ll ‘ CONSEQUENTIALOR ' MAKE NO REPRESENT ‘ FOREIGN, FEDERAL, ST ‘ O IAL, EXEMPLARY, A t. ES RTHERMORE, WE .NT Y HAVE UPON YOUR Agreement will be governed by federal laws and the laws o‘ state of Ut - a the extent not preempted. without regard to any principle of conicts oflaws that would require or permit the application ofthe laws ofany other jurisdiction. 20. Miscellaneous. The parties acknowledge that there are no third party beneciaries to this Agreement (other than LendingClub). Any waiver of a breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition ofthis Agreement will not constitute a waiver ofsuch term or condition. If at any time alter the date ofthis Agreement, any ofthe provisions ofthis Agreement shall be held by any court ofcompetent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability ofsuch provision shall have no effect upon and shall not impair the enforceability of any other provisions ofthis Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation ofthis Agreement in any way. HE RIGHT TO REJECT ilitary Lending Act (32 for resolution ofa Claim be nal and binding arbitration pursua . ' section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim. dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out ofthis Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any ofthe foregoing, including (except to the extent provided otherwise in the last sentence ofsection 21(f) below) the validity or enforceability ofthis Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless ofwhether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope ofthis Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out ofthis Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o LendingClub Corporation, 71 Stevenson St., Suite 1000, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see t as long as it is received at the specied address within the specied time. N0 other methods can be used to opt out ofthis Arbitration Provision. lfthe opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. Ifa Claim arises, our goal is to learn about and address your concerns and, ifwe are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before ling any claim in arbitration, you may submit The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance with, the rules and policies ofthe administrator selected, except to the extent the rules conict with this Arbitration Provision or any countervailing law. Ifyou have any questions concerning the AAAor would like to obtain a copy ofthe AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. lfyou have any questions concerning JAMS or would like to obtain a copy ofthe JAMS arbitration rules. you may call 1(800) 352-5267 or visit their web site at: wvwv.jamsadr.com. In the case ofa conict between the rules and policies ofthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies ofthe administrator apply. d. Ifwe (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s ling costs and administrative fees (other than hearing fees). If you elect arbitration, ling costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require o r -e subsequent holder agrees) to do so. Each pt. l Ifa statute gives you the right to recover any u e. Within 30 days ofa n .ward byt - .= : tion by a hr- rbitrator panel selected according to the rules oft - -' . e . ‘ . :- ~ . u ' ~ . -appeal within 30 days after notice ofthe appeal. The a . ' -aled. Costs and conduct of any appeal shall be governed by this Arbitration Provision and t administrat les, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be nal and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court ofcompetent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, ifany, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERALON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBIT RATION HAD PREVIOUSLY BEEN ASSERT ED (OR COULD HAVE BEEN ASSERT ED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN ACOURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration mayjoin, consolidate, or otherwise bring claims for 0r on behalf oftwo or more individuals or unrelated corporate entities in the same arbitration unless thos- - are parties to a ' gle transaction. U ss consented to in writing by all uv. ies to the arbitration, an ons ofthe named ies only, and only with respect to h claims in arbitration, g. This Arbitration Provision is made pursuant to a transaction ' t ' g interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect condential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship ofthe parties and/or LendingClub; (ii) the bankruptcy or insolvency ofany party or other person; and (iii) any transfer ofany loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. Ifany portion ofthis Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions ofthis Arbitration Provision shall nevertheless remain valid and in force. Ifan arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are nally adjudicated pursuant to the last sentence ofsection 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH ACOURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS |N ACOURT BEFORE AJUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. Exhibit A LOAN AGREEMENT AND PROMISSORY NOTE The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Borrower Member ID: Joint Applicant/Co-Borrower Member ID: $ . 20- For value received, I (referred to herein as "Borrower" which for purposes ofthis Loan Agreement and Promissory Note (the "Note") includes all parties obligated hereunder, including any joint applicant/co-borrower) promise to pay to the order ofWebBank or any subsequent holder ("you" or "Lender") ofthis Note the principal sum of ($ ) Dollars with interest as set forth below. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all ofthe terms ofthis Note. Interest Rate. This Note bears interest during each calendar month from the date hereof until paid in full, at a xed rate of (%) per annum. Interest Calculation Method. Interest is calculated daily on the basis ofa 360-day year with 12 months each ofwhich is 30 days (or 30/360) long, regardless ifa month has more or fewer than 30 days. This Note shall bear interest on any overdue installment of principal and, to the extent permitted by applicab Principal and ' rest is to c aid a . mon Payments of principal an- ollars are orrower to the Lender commencing , 20_, a n nn . thereafter 0_, when the full amount ofunpaid principal, togethe ' accr - o ‘ ' A . - monthly anni - 39th, 30th, 0r Slst ofthe month, and the following month does not have a 29th, 30th, o Slst day, the hly payment will be due on the last day ofthe month in which the payment was due. Borrower's last payment might be of a different amount, which could be higher than the monthly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment after the payment due date. In such cases, the amount ofthe last monthly payment will be adjusted by the amount necessary to repay the loan in full. All payments on this Note are to be made in immediately available lawful money ofthe United States. Borrower may make loan payments either by check, subject to any applicable check processing fee, or Borrower may authorize any Lender Borrower's designated bank account, then Lender may deliver ‘ - proceeds into the designated bank account to satisfy our obligation ofloan proceed delivery. In all events under this section, interest will be in to accrue as of the date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third party. Ifwe are unable to deliver any portion ofthe loan proceeds to the Directed Account(s) or Borrower’s designated bank account after 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. For avoidance ofdoubt, if partial loan proceeds (any amount above $0) are delivered to the Directed Account(s) or Borrower's designated bank account, then the loan will not be canceled. Ifwe are only able to deliver partial loan proceeds to the Directed Account(s) or Borrower's designated bank account after 14 days, we will apply the undelivered portion to the outstanding balance in accordance with our normal payment application procedures. If Borrower elects to make payments by automatic withdrawal, Borrower has the right to stop payment ofthese automatic withdrawals or revoke prior authorization for automatic withdrawals by notifying Lender and LendingClub ofthe exercise of its right to stop a payment or revoke authorization for automatic withdrawals no less than three (3) banking days before Borrower's next payment due date. If Borrower elects to make payments by check. Borrower must send the check either by regular mail or by overnight mail or UPS delivery to Wells Fargo Lock Box Services, Dept #34268, 3440 Walnut Ave, Window H, Fremont, CA 94538. There will be a $7 check processing fee per payment, subject to applicable law. Borrower may change its payment method by contacting support@lendingclub.com. Borrower's payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, whether or not there are sufcient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights ofsetoff Lender may have. All payments are to be applied first to the payment of all fees, expenses and other amounts due (excluding principal and interest), then to The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. accrued interest, and the balance on account ofoutstanding principal; provided, however. that alter an Event of Default (as dened below), payments will be applied to Borrower's obligations as Lender determines in its sole discretion. Origination fee. If this loan is subject to an origination fee, such fee is deducted from the loan proceeds and paid to the Lender. Any origination fee of 5% or less is not refundable regardless of when, or if, the loan is paid in full. Any origination fee amount in excess of 5% is refundable on a prorated basis over the term of the loan when and if the loan is paid in full prior to its maturity date. A partial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower's loan and is subject to the accrual of interest. Insufcient funds fee. Ifa payment is returned or fails due to insufcient funds in the designated account, Borrower may be charged a fee of $15, to the extent permitted by applicable law. An insufcient funds fee may be assessed no more than once for a single failed payment. The bank that holds Borrower's deposit account may assess its own fee in addition to the fee assessed under this Note. Late fee. If any part of Borrower's payment, other than payments owed for any fee(s) assessed on a prior monthly payment, is more than 15 days late, a late fee may be charged in an amount equal to the greater of5% ofthe outstanding payment or $15, to the extent permitted by applicable law. Only one late fee may be charged on each late payment. Any check payment received after 12 .30 P.M.., Mountain partial prepayment will b postpone the due date of s Borrower agrees to continue s payments or partial payments, even though marked "paid in installment of principal and interest that is received by Lend date solely for the purpose ofcalculating interest due. Use of Funds. Borrower certies that the proceeds of the loan will not be used for the purpose of purchasing or carrying any securities or to fund any illegal activity, or to Jnd any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. Default. Borrower may be deemed in default (each, an "Event of Default“) of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) les or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benet ofcreditors; (3) commits fraud or makes any material misrepresentation in this Note, or ‘ ' o abide by the terms of -. available under this Note. , Lender will report that s on an account may be g reasonable attorneys’ fees, as permitted by applicable law. Joint and Several Liabilim. The liability of anyjoint applicant/co-borrower to repay in full this loan is in addition to and not in lieu ofthe obligations ofthe primary Borrower to repay the loan in Jll. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Note or any other agreements or documents provide or executed as part ofthe application process, as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. Loan Charges. lfa law that applies to the Loan and sets maximum loan charges is nally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary t0 reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. BORROWER EXPRESSLY AGREES THAT THE NOTE IS A "T RANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECT RONIC TRANSACTIONS ACT. The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Registration of Note Owners. I have appointed LendingCiub as my agent (in such capacity, the "Note Registrar") for the purpose ofmaintaining a book-entry system (the “Register") for recording the names and addresses ofany future owner of benecial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereoffrom time to time. The person or persons identied as the Note Owners in the Register shall be treated as the owner(s) ofthis Note for purposes ofreceiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner ofits benecial interest in this Note. the right to payment ofprincipal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to Borrower, assign all of its right, title and interest in this Note to any other third party, and Borrower further understands. acknowledges and agrees that any assignee may sell, assign or transfer the Note and all associated documents and information related to the Note without Borrower’s consent or delivery of notice (subject in each case to the registration requirement above). Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender. Borrower hereby waives dem. without notice to and with- be renewed, extended, Any changes to this Not. unless Borrower has opt This Note is subject to the ar reference into this Note. ggntrolling Law. Lender is located in the State of Utah and this Note is executed and delivered in the State of Utah and is a contract made under such state’s law. The provisions ofthis Note will be governed by federal laws and the laws ofthe State of Utah to the extent not preempted, without regard to any principle of conicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity of any other provision ofthis Note. STATE LAW NOTICES: CALIFORNIA RESIDENTS ONLY: A married applicant may apply for a separate account. If Lender takes any adverse action as dened by § 1785.3 ofthe California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the ri- v , sumer reporting agency who furnished the consu er credit reprt nd from . _ , ' aintains les on reecting on Borrower’s c obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note b- - read it. 2. You are entitled to a copy ofthis Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 ofthe Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. § 85, § 1463(9). or § 1831d, as appropriate) and related regulations and interpretations. which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXT END CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STAT EMENT OF THE AGREEMENT BETWEEN US, EXCEPT ASWE MAY LAT ER AGREE IN WRITING TO MODIFY IT. NEW JERSEY RESIDENTS: The section headings ofthe Note are a table of contents and not contract terms. Portions ofthis Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Lender unless prohibited by "applicable law" are permitted by New Jersey law. The original document is owned by LendingCiub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension ofany credit as a result ofthis application. If Borrower asks. Borrower will be informed whether or not such a report was obtained, and ifso, the name and address ofthe agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers. and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WASHINGTON RESIDENTS ONLY: Oral agreements or oral commitments to loan money, extend credit. or to forbear from enforcing repayment of a debt are not enforceable under Washington law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower's signature conrms that this loan obligation is being incurred in the interest of Borrower's marriage or family. No provision of any marital property agreement (pre-marital agreement), unilateral statement under § 766.59 ofthe Wisconsin statutes or court decree under § 766.70 adversely affects Lender’s interest unless, prior to the time that the loan is approved, Lender is furnis hed with a copy ofthe marital property agreement, statement, or decree or have actual knowledge of the adverse provision. Ifthi v ' ' ' ' , ' ' ' - s a spouse who needs WEST VIRGINIA RESID ("CSO")In connection wi Services Organization et, Suite 1000, San 150N, Sacramento, CA 958 Description of Services: LendingClub operates as an online nrketplace pl re m. It does not issue. fund, or lend loans directly to the consumer; rather, it operates under an “originating bank" model in which it is a third-party vendor ofa federally regulated and insured bank. The "originating bank" model allows the bank to originate loans to applicants through LendingClub's Platform. Loans facilitated through LendingClub's marketplace are originated by WebBank. LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money or consideration. LendingClub generates revenue in three ways: (l) transaction fees from WebBank; (2) servicing fees from investors; and (3) management fees from investment funds. Surety Notice: LendingClub has obtained and retains in effect a surety bond or maintains a surety account in the amount of$15,000. You have the right to maintain an . ' aw against the and against the ety or trustee for damages incurr y violation ofthe Credit ' ter 46A ofth Code. The nam nd address ofthe surety compan hich issued the surety y a consumer reporting tno charge on request denied, and your fileIs completeness ofaccuracy of any item contained in a le on you -- ' Ined by that consumer reporting agency: (iv) no consumer reporting agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report; (V) ACCURATE INFORMATION CANNOT BE PERMANENTLY REMOVED FROM THE FILES OF ACONSUMER REPORTING AGENCY; and (vi) non-prot organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local organization, or check your yellow pages under "Credit Counseling Services" to nd a non-prot service. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-lN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECT RONICALLY) Exhibit B WEBBANK PRIVACY NOTICE LENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR | The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. The types of personal information we collect and share depend on the product or service you have with us. This information can include: o Social Security number and transaction history u Account balances and payment history o Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice. ‘ 1 All nancial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons WebBank chooses to share; and whether you can limit this sharing.d wae can share your personal information Does WebBank share? Can you limit this sharing? For our everyday business purposes - such as to process your YES NO transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes - to offer our products and services YES NO to you For joint marketing with/other fin\a.n\ial c s-| ”YES YESV\ For our affiliates' ev r day business r oses- fom tion NO We don'tshare about your transaction a d experiences For our affiliates' ew/e45 profomatign/ V NO We den-t Shareabout your creditworthines - For our affiliates to market to you J [5/ NO We don't share For nonaffiliates to market to you NO We don't share Call (888) 596-3157 or go to www.|endingclub.com I What we do How does WebBank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured les and buildings. '_‘ How does WebBank c - s nal informap‘oln? We conject your personal information, for X mple when you editbureaus, afliates, oro erco panies. Why can't I limit all sharing? Federal law gives you the right to limit only o Sharing for afliates' everyday business purposes-information about your creditworthiness o Afliates from using your information to market to you o Sharing for nonafliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account I hold Your choices will apply to everyone on your account - unless you tell jointly with someone else? us otherwise. Definitions Affiliates Companies related by common ownership or control. They can be nancial and nonnancial companies. o WebBank does not share with our afliates Nonaffiliates Companies not related by common ownership or control. They can be nancial and nonnancial companies. o Nonafliates we share with can include other nancial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. Copy of the Electronic Original® document managed by the eCore® On Demand (EODTM) Service. Joint marketing Aformal agreement between nonafliated financial companies that together market nancial products or services to you. o Our joint marketing partners include nancial services companies, lenders, insurance companies, or other consumer service providers. py of ri D The original document is owned by LendingClub Corporation and this copy was created on Jul 03, 201 8 10:51 :51 AM. This is a copy of an authoritative document LOAN SUMMARY Loan Id: 135820546 Primary Borrower Contact Information Full Real Name: Screen Name: Email: Address: Home Phone: Cell or Work Phone: Secondary Borrower Co Full Real Name: Screen Name: Email: Address: Home Phone: Cell or Work Phone: Loan Information Loan Documents ARNOLD MACATANGAY Member_-661e- 23 MAYWOOD AVE DALY CITY. CA 94015 (DEF i o u DALY CITY. CA 94015 U M il Document Name Dateltime Document Version Signed BorrowerAgreement 6/24/18 08:25:26 PM PDT LC_SEC_V26 CreditScore Notice 6/24/18 08:25:26 PM PDT LC_SEC_V4 CreditScore Notice 6/24/18 08:25:26 PM PDT LC_SEC_V4 Truth in Lending Disclosure 6/24/18 08:25:26 PM PDT LC_SEC_VZL’I. Terms of Use and entto Elec 8 0 . Electronic Consen - CreditProIe Auth ri at: I1 7: Authorization forAJ mati P y 7/19 10' The authoritative document is maintained by LendingClub Corporation and this copy was created Jun O2 2020 08:02:11 EXHIBIT B ID Lotzo-sood -999999 o-soo 56596470 Lotzo-soo 58176879 LLzo-soo 59652829 LLzo-so 61150481 _Lo_t20-5oo 62719187 _Lo_t20-5oo 64277866 Lo_t20-500 65935394 0500 67545201 @500 69321216 @5500 70868280 @500 72531412 Lino-500 74184934 Lino-500 75904550 20500 77531227 Lino-500 79209691 Lrot20-500 80976293 Liam-500 82703635 Lrotzo-soo 84501739 320-500 86324569 Lot20-500 1013421 Lot20-500 ‘25950070 Lot20-500 27693201 LOANJD 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 0546 $0.00. $0.00 $0.00] $0.00[ $0.00\ $0.00] 01 6/28/2018 $91i9 $0.00 $435.33 $435.33 $0.00 s“ 0“ $0.00 7/28/2018 $923.53 $0.00 $425.39 $425.39 $0.00 $0.00“ 0“ $0.00 8/28/2018 $933.58 $0.00 $415.34 $415.34} $0.00 $0.00 0 $0.00 9/28/2018 7 $943.74 $0.00 $40518 $405.18} $0.00 $0.00 0 $0.00 10/28/2018 7 $954.01 _ $0.00“ $39491 $314.91} $0.00 $0.00 0 $0.00 11/28/2018 $964.39 _ $0.00; $384.53 $384.53} $0.00 $0.00 0 $0.00 12/28/2018 $974.89 _ $0.00: $374.03 $374.03} $0.00 $0.00 0 $0.00 1/28/2019 $985.50 P $0.00: $363.42 $363.42} $0.00 $0.00 0 $0.00 2/28/2019 $996.23 $0.00:7$352.69 $352.69] $0.00 $0.00 0 $0.00 3/28/2019 $1,007.07 $0.00; $341.85 $341.85] $0.00] $0.00 0 $0.00 4/28/2019 $1,018.03 $0.00:7$330.89 $330.89] $0.00] $0.00 0 $0.00 5/28/2019 $11E1 $0.00'7$319.81 $319.81} $0.00 $0.00 0 $0.00 6/28/2019 $1,01g i$0.00: $308.61 $308.61[ $70.00 $0.00 0 $0.00 7/28/2019 $1,0L63j 370.00; $297.29 $297.29[ $0.00 $0.00 0 $0.00 8/28/2019 aw] "$0.00; $285.84 $285.84[ $0.00 $0.00 0 $0.00 9/28/2019 $1,,c5j 07.00 $274.27 $274271 $015) $0.00 0 $0.00 10/28/2019 $1,086.34: $07.00 $262.58 $262581 $0.00 $0.00 0 $0.00 11/28/2019 $0.00? i$000 $250.76 $0.00[ $0.001 $67.45 0 $0.00 12/28/2019 $0.007 $1987.16, $275831, $0.00: $250.76'j $0.00 0 $67.45 2/15/2020] $0.00 $0.00 $234.04 $0.00 $760.62] $67.45 0 $67.45 2/29/2020 $0.00 $0.00 $242.40 $0.00 $1,028.09 $0.00 0 $0.00 3/31/2020 $0.00 $0.00 $242.40 $0.00 $1,270.49 $0.00 0 $0.00 so.oo\ $0.00 $0.00 6/28/2018" 0 6/28/2018 0 $0.00‘ $0.00 $0.00 17‘ 7/30/2018 7/28/2018 1348.92 1348.92 8/2/2018 1348.92 7/27/2018‘ $0.00 $0.00 $0.00 17 8/28/2018 8/28/2018 1348.92 1348.92 8/31/2018 1348.92 8/27/2018 $0.00 $0.00 $0.00 17 9/28/2018 9/28/2018 1348.92‘ 1348.92 10/3/2018 1348.92 9/27/2018 $0.00 $0.00 $0.00 17.10/29/2018 10/28/2018 1348.92 1348.927 11/1/2018 1348.92 10/26/2018 $0.00 $0.00 $0.00 171711/28/2018 11/28/2018 1348.92“ 1348.92 12/3/2018 1348.92 11/27/2018 $0.00‘ $0.00 $0.00 17312/28/2018 12/28/2018 1348.92 1348.92 1/3/2019 1348.92 12/27/2018 $0.00‘ $0.00 $0.00 17} 1/28/2019 1/28/2019 1348.92" 1348.92 1/31/2019 1348.92 1/25/2019 $0.00‘ $0.00 $0.00 17} 2/28/2019 2/28/2019 1348.92" 1348.92 2/28/2019 1348.92 2/27/2019 $0.00‘ $0.00 $0.00 17} 3/28/2019 3/28/2019 1&9}: 1342 3/28/2019 1348.92 3/27/2019 $0.00 $0.00 $0.00 17[ 4/29/2019 4/28/2019 1348.92 1348.92 4/29/2019} 1348.92 4/26/2019 $0.00 $0.00 $0.00 17[ 5/28/2019 5/28/2019 1f89’2 5/28/2019} 1348.92 5/24/2019 $0.00 $0.00 $0.00 17[ 6/28/2019 6/28/2019 1f89’2 173432 6/28/297 1348.92 6/27/2019 $0.00 $0.00 $0.00 17; 7/29/2019 7/28/2019 1348.92 1348.92 7/29/29 1348.92 7/26/2019 $0.00 $0.00 $0.00 17L 8/28/2019 8/28/2019 1348.92 1348.92 8/28/20197 1348.92 8/27/2019 $0.00 $0.00 $0.00 171 9/30/2019 9/28/2019 1348.92 1348.92” 9/30/2E 1348.92 9/27/2019 $0.00 $0.00 $0.00 17110/28/2019 10/28/2019 1348.92 1348.92“ 10/28/2019 1348.92 10/25/2019 $0.00 $0.00 $0.00 171‘11/29/2019 11/28/2019 1348.92 1348.92; 11/29/2019 1348.92 ‘11/27/2019 $0.00 $0.00 $0.00 16* 1/31/2020 12/28/2019 1348.92 13422: 0 ‘12/27i/2019 $0.00 $0.00 $0.00 16 2/28/2020 1/31/2020 2765.29 2765i 0 ‘ 12020 $67.45 $0.00 $67.45 717772/15/2020 2/29/2020 4114.21 1348.92 0 2/28/2020 $0.00 $0.00 $0.00 17 2/29/2020. 3/31/2020/ 5463.13 1348.92 0 3/30/2020 $0.00 $0.00 $0.00 17 3/31/2020[ 4/30/2020! 6812.05 1348.92 0 4/29/2020 40000 3908641333 38162.8838 3722930318 asseu _1.54997 $361155 $226421 ‘Jeus ‘ese ‘34683 3938543938 1835633091 21316.02231 2626439169 2520131582 312667014 23040.33 23040.32873 23040.32873 23040.33 23040.33 2/29/2020' 2/15/2020 3/31/20205 2/29/2020 0 0 0 0.01056061 1 7/28/2018 7/30/2018 0 0 0 0.01053822 1 8/28/2018 8/28/2018 0 0 0 0.010529869 1 9/28/2018 9/28/2018 0 0 0 0.01052100t 1 10/28/2018 10/29/2018 0 0 0 0.01051158g 1 11/28/2018 11/28/2018 0 0 0 0.010501545 1 12/28/2018 12/28/2018 0 0 0 0.01049083' 1 1/28/2019 1/28/2019 0 0 0 0.01047937" 1 2/28/2019 2/28/2019 0 0 0 0.01046708' 1 3/28/2019 3/28/2019 0 0 0 0.01045388, 1 4/28/2019 4/29/2019 0 0 0 0.01043966 1 5/28/2019 5/28/2019 0 0 0 0.01042429 1 6/38/2019 6/28/2019 0 0 0 0.01040763: 1 7/28/2019 7/29/2019 0 0 0 0.01038951; 1 8/28/2019 8/28/2019 0 0 0 0.01036974; 1 9/28/2019 9/30/2019 0 0 0 0.01034807: 1 10/28/2019 10/28/2019 0 0 0 0.01032423 1 11/28/2019 11/29/2019 0 0 0 0.01029787 1 120/728/2019 0 0 0 0.00491068 1 1L28/2020 0 0 0 0 0 0 0 0 0 0 0 04/30/2020¥ 3/31/2020 KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO Electmnica lly bySuperI-JrCmrtnf Callfnrnla. Emmy nfSan Maren 3N 8/24/2021 BF Christopher D. Mandarich SB 220693 mmum Ajay Sood SB325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. BOX 109032 Chicago, IL 60610 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi’: Velocity Investments LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments LLC, Case N0. 21 -CLJ-04603 Plaintiff, FILE BY FAX COMPLAINT FOR: VS. 1. BREACH OF CONTRACT MARIKA PULLEN, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $8,128.98 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, Velocity Investments LLC, and successor in interest t0 original creditor, WebBank. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments LLC; 1800 Route 34N Suite 404A , Wall NJ 07719. 3. Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4. The charge-off creditor at the time 0f charge-off is IBI CONSUMER CREDIT LP (SERVICED BY LENDING CLUB), 71 STEVENSON ST SUITE 300, SAN FRANCISCO, CA 94105, and the account number associated With this debt is XXXX2159. 5. Plaintiff is informed and believes that Defendant are individuals Who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. Exhibit "72" COMPLAINT-l 0f 5 KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 6. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is MARIKA PULLEN , 351 LOS PALMOS DR , SAN FRANCISCO, CA 9412. 7. Plaintiff is unaware of the true names or capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint to 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 of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 to the original creditor, WebBank 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, WebBank provided Defendant With a credit account, and granted use privileges on the same, account number XXXX2159 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time to time, including repaying WebBank and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of 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 to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay WebBank 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 of last payment 0n the subject account was on December 27, 2017. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 15. The debt balance at charge-offwas $8, 128.98, 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 $8,128.98. 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, WebBank 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 to 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 WebBank, the Defendant agrees to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to 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. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. WebBank extended a credit loan to 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 to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $8,128.98. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem 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 WebBank. Although demand has been made upon Defendant, said amount 0f $8,128.98 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $8,128.98, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 Qflx/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A This is a copy of an authoritative document Borrower Agreement (Oct 2016) The following Borrower Agreement ("Agreement") is between you ("you" and "your" mean each and every borrower, including any joint applicant/co-borrower) and WebBank, a Utah-chartered industrial bank ("we," or "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingclub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by Lending Club Corporation (“Lending Club“). Ifyou make a loan request, and ifthat request results in a loan that is approved and issued by us, then your loan will be governed by the terms ofthe Loan Agreement and Promissory Note, which is attached to this Agreement as ExhibitA, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms ofthe documentthen in effect. This Agreementwill remain in effect for the applicable loan, and will terminate ifyour loan request is cancelled, withdrawn, or d-' BY ELECTRONICALLY S ING THI‘ "GREEM T, ESE TERMS. 1. Loans. Under this Agree facilitated through the Site. When you make a request, you agree ~ > -'ve . ' -pa request, subject to your right to cancel the request before closing as u --scrib ' ection . . . ay the money provided by us to you and to abide by the terms ofthis Agreement, the Loan Agreement and Promissory Note, and all other agreements or disclosures provided to you during the loan process and which may be found in your Lending Club account. Any dispute with us, Lending Club or any subsequent holder ofthe Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to your right to opt out as set forth below. Each loan request is subject to our credit criteria in effect at the time ofyour loan request. acknowledge that an Investor's commitment to invest in all or a portion ofyour loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, Lending Club may also choose to invest in all or part ofyour loan request, but is not obligated to do so. We may elect in our sole discretion to give you a partial funding option, if necessary, which means your loan will be issued if it receives commitments t : ' g less than - r-d l- ' . - ' ' im ' N0 later thant ir H ‘ , ' ' ‘ approved requested amo ‘ ‘ ' ' ' t fourteen (14) days, subject t0 investor interest. It may take up to forty-five (45) days to process and issue your loan. If at any point, you no longer want a loan under your pending loan request, you must notify us in writing ofyour election to terminate your loan request sufficiently far in advance ofthe loan closing for us to cancel the loan. 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each ofwhich is provided to you and placed into the on-Iine accountyou established upon registration. You agree and acknowledge that the initial loan disclosures made t0 you are estimates and are subject to change based on the actual, initial principal balance ofthe loan issued and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. AII loans are unsecured, fuIIy-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms ofthe loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions. Ifyou make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income ifyou do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies 0f necessary documentation, by other proof or through a third party. By proceeding with the application, you consent to our use of any third-party to verify any information about, or provide by, you. Failure to timely provide this information can result in your loan application being incomplete and closed by us, furthermore, we may terminate consideration ofyour application at any time in our sole discretion. The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document 6. Limited Power of Attorney Grant; Loan Request Cancellation & Closing. As a condition to receiving a loan from us, you hereby grant to Lending Club a limited power ofattorney and appoint them and/or their designees as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reflect- the accepted terms set forth in each ofyour final Truth in Lending Disclosure(s) as such may be posted from time t0 time in response to your loan request(s) in the on-Iine account you have established with Lending Club where documents are stored and with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such power as fully to all intents and purposes as you might 0r could do in person ("Power ofAttorney" ). This Power ofAttorney is limited solely to the purpose described above and will expire automatically upon the termination ofthis Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@lendingclub.com or calling 888-596-3157 and closing your account with us; provided, however, if a loan request has been approved you must provide such notice before the loan proceeds are transferred to your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by Lending Club or its designee acting as your attorney-in-fact, it is deemed executed on your behalfand shall be your valid and binding future in our discretion. You may cancel your application without any fee or penalty prior t0 funding ofthe loan, as long as you provide us with sufficient advance notice to stop the loan funding. II THE AN T 'LICAT N HA IERT NG T 8. Military Lending Act. Federal law provides important protections to members ofthe Armed Forces and their dependents relating to extensions ofconsumer credit. In general, the cost of consumer credit to a member ofthe 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: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain particip ion fees for a creu' rd accou ' ' cr'- 'nn of o r -- ' -- yments. 9. Servicing ' . c ' ' with evaluating your loan requ s s, an a ' ' : ' thatyou obtain. 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions offact in your listing, including but not limited to your loan description; (ii) misrepresent your identity, or describe, present or portray yourselfas a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any Lending Club member or other person any fee, bonus, additional interest, kickback or thing ofvalue ofany kind except in accordance with the terms ofyour loan; (iv) represent yourselfto any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf; (v) use any ofthe loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; or (vi) use any ofthe loan proceeds to fund any illegal activity 0r any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any ofthe loan proceeds for the purpose of purchasing or carrying any securities; (viii) use the Site to request or obtain a loan for someone other than yourself; and (C) that you have all necessary consents, permissions, acknowledgements or agreements from all joint applicant/co-borrower and we may rely upon this agreement without any investigation or verification. You further acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us. To the extent that we determine, in our sole discretion, that your loan request violates this Agreement the Terms of Use or any other agreement entered into with us or Lending Club, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint ApplicantICoBorrower is Joint and Several. The liability ofany joint applicant/co-borrower under this Agreement and under the Loan Agreement and Promissory Note is in addition to and not in lieu ofthe obligations ofthe primary borrower. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Agreement, the Loan Agreement and The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document Promissory Note and any other agreement and documents as ifan original signatory. We and our successors and assigns have sole discretion to proceed, at any time, against any party responsible under this Agreement. Further, we can accept instructions from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint applicant/co-borrower, and shall be binding on both and deemed received by all parties. 12. TCPAConsent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalffor any and all purposes arising out ofor relating to your loan and/or account, at any telephone number, 0r physical or electronic address you provide 0r at which you may be reached. You agree we may contactyou in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. e numbers thatyou have he telephone numbers you have Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us 0r that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. We may terminate this Agreement and your ability to make loan requests at any time. Ifyou committed fraud or made a misrepresentation in connection with your registration on the Site or any application or request for a loan, performed any prohibited activity, or otherwise failed to abide by the terms ofthis Agreement, we will have all remedies authorized or permitted by this Agreement and applicable law. 14. Entire Ag - ement. This An - -- ent, and entthe entire agreeme t ue ' ~ ' ' ‘ . : ; - ‘ unications, 15. Electroni DISCLOSURE‘ CTIONS AND 16. Notices. A|| notices and other communications to you hereunder may be given by email to your registered email address or posted on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control ofsuch email account and your area on the Site and that communications from us may contain sensitive, confidential, and collectionsrelated communications. Ifyour registered email address changes, you must notify Lending Club ofthe change by sending an email to support@lendingclub.com or calling 888-596-3157. You also agree to update your registered residence address and telephone number on the Site ifthey change. 17. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18. LIMITATION ON LIABILITY. IN NO EVENT SHALLWE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIALOR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCALTAX LIABILITY. 19. Choice of Law. We are located in the state of Utah and this Agreement is entered into in the state of Utah. The provisions ofthis Agreement will be governed by federal laws and the laws ofthe state of Utah to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application ofthe laws ofany other jurisdiction. The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document 20. Miscellaneous. The parties acknowledge that there are no third party beneficiaries to this Agreement (other than Lending Club). Any waiver of a breach of any provision ofthis Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition ofthis Agreement will not constitute a waiver ofsuch term or condition. lfat any time after the date ofthis Agreement, any ofthe provisions ofthis Agreement shall be held by any court ofcompetent jurisdiction t0 be illegal, void 0r unenforceable, such provision shall be ofno force and effect, but the illegality and unenforceability ofsuch provision shall have no effect upon and shall not impair the enforceability ofany other provisions ofthis Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation ofthis Agreement in any way. 21. Arbitration. RESOLUTION OF DISPUT ES: | HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OFADISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. Ifyou are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time ofentering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out ofor take any action to ensure inapplicability. elusive forum and remedy . ' less you opt out as g to or arising out ofthis .t involve, lead to, or result from any ofthe foregoing, including (except to the extent provided otherwise in the last sentence 0f section 21(f) below) the validity or enforceability ofthis Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless ofwhether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles ofequity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope ofthis Arbitration Provision is to be given the broadest possible interpretation that is enforceable. w applie manne . is Ali ' behalf by a third party, such third party must include evidence of his 0r her authority to submit the opt out notice on your behalf. c. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS“). The arbitration shall be conducted according to, and the location ofthe arbitration shall be determined in accordance d. Ifwe (or the filing costs and administrative fees (other than hearing fees). Ifyou elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofthe administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We (or the subsequent holder, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. lfa statute gives you the right to recover any ofthese fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules ofthe arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice ofthe appeal. The panel will reconsider de novo all aspects ofthe initial award that are appealed. Costs and conduct ofany appeal shall be governed by this Arbitration Provision and the administrator‘s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court ofcompetent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, ifany, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERALON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN ACOURT AS CLASS The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document REPRESENTATIVE, OR COLLECTIVE ACTIONS IN ACOURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration mayjoin, consolidate, or otherwise bring claims for or on behalfoftwo or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations ofthe named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests ofanyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power 0r authority t0 waive, modify, 0r fail to enforce this section 210‘), and any attempt t0 do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity ofthis section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes 0f limitations. The arbitrator may award damages or other types of reliefpermitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence thatwould apply in a court. The arbitrator shall take ‘ tot Is Agreement and the In; and (iii) any transfer ofany ounts owed on such loans or . . emed invalid or unenforceable, the remaining portions ofthis Arbitration Provision shall nevertheless remain valid and in force. Ifan arbitration is brought on a class representative, or collective basis, and the limitations 0n such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence ofsection 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH ACOURT BEFORE AJUDGE OR JURY, I . TH E E D 5E Borrower Member ID: ' Joint Applicant/Co-Borrower Member ID: $ Forvalue recei ' . u ower"whi hfor pu p se t ' o n Agreementénd s r Note e "Note") includes all parties oblig -bor o er romiset ay o the order f‘ n ora ubsequent holder (“you“ o ' ‘ : ‘ v ($ ) Dollars t as s rth below Borrower inten ‘ -~ rowerw firstood, flajcre ed to all o tke ter s ofthis te. Interest Rate. This Note bears interest during each calendar month from the date hereofuntil paid In full at a fixed rate of_(%) per annum. Interest Calculation Method. Interest is calculated daily on the basis ofa 360-day year with 12 months each ofwhich is 30 days (or 30/360) long, regardless ifa month has more or less than 30 days. This Note shall bear interest on any overdue installment ofprincipal and, to the extent permitted by applicable law, on any overdue installment of interest, at the interest rate stated and as calculated above. Payments. Principal and interest is to be paid during and throughoutthe period of months in the following manner: Payments of principal and interest in the amount of ($ ) Dollars are to be made by the Borrower to the Lender commencing , 20_, and on the same day of each successive month thereafter until , 20_, when the full amount of unpaid principal, together with unpaid accrued interest is due and payable. Ifthe monthly anniversary is on the 29th, 30th, or 315t ofthe month, and the following month does not have a 29th, 30th, or Blst day, the monthly payment will be due on the last day ofthe month in which the payment was due. Borrower’s last payment might be of a different amount, which could be higher than the monthly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment after the payment due date. In such cases, the amount ofthe last monthly payment will be adjusted by the amount necessary to repay the loan in full. All payments on this Note are to be made in immediately available lawful money ofthe United States. The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document Borrower may make loan payments either by check, subject to any applicable check processing fee, or Borrower may authorize any Lender to debit Borrower‘s designated account by ACH transfer each month, the debit amount may be a range of payments, which would include your monthly principal and interest, and fees, if any. Borrower is responsible for ensuring that all names, account, routing or other similar information provided by Borrower to Lender for accounts that Borrower is directing Lender to deliver loan proceeds to (“Directed Accounts") are accurate and complete. Borrower agrees to hold Lender and Lending Club harmless for any alleged or actual loss, claim, fee or other damage or expense Borrower may suffer related to the failure ofa Directed Account to receive such proceeds ifsuch failure was the result (directly 0r indirectly) 0f any error in any name, account, routing or other similar information provided by Borrower to Lender. Borrower acknowledges that neither it nor Lending Club have any obligation to confirm or investigate the accuracy or completeness ofthe information Borrower has provided. Borrower further agrees that ifthe loan proceeds are rejected by a Directed Account that is not Borrower’s designated bank account that Lender may deliver the loan proceeds into the designated bank account to satisfy our obligation of loan proceed delivery. In all events under this section, interest will beqin to accrue as date of issuance of the loan and not upon the actual receipt of proceeds by Borrower or any other designated third-party. lfwe are unable to deliver loan proceeds to the Directed Account(s) or Borrower's designated bank account after 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any interest on the loan. . utomatic withdrawals or - nf its right to stop a payment or next payment due date. vernight mail or UPS delivery to Wells Fargo Lock Box Services, Dept #34268 3440 Walnut Ave, Window H, Fremont CA 94538. There will be a $7 check processing fee per payment, subjectto applicable law. Borrower ma chan e its a ment method b contactin su ort lendin club.com. Borrower’s payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, whether or not there are sufficient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights ofsetoff Lender may have. excess of 5% is refundable on a prorated basis over the term 0f the loan when and if the loan is paid in full prior to its maturity date. Apartial pre-payment will not result in the refund of any origination fee amount. Borrower acknowledges that the origination fee is considered part of the principal of Borrower’s loan and is subject to the accrual of interest. Ifa payment is returned or fails due to insufficient funds in the designated account, Borrower may be charged a fee of$15 to the extent permitted by ap up‘ payment. The t H fee Borrower‘s pay ue | to the gre payment or $15 d on each Ia (t succeediafter 12:30 P. authorizes Len. _e s In|§lafld1 ' :o nt on file for Borrower. Prepavments and Partial Pavments. Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment is applied against the principal amount outstanding and does not postpone the due date ofany subsequent monthly payment, unless expressly agreed to in writing. If Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments or partial payments, even though marked "paid in full", without losing any rights under this Note. Any regularly scheduled monthly installment ofprincipal and interest that is received by Lender before the date it is due shall be deemed to have been received on the due date solely for the purpose ofcalculating interest due. Use 0f Funds. Borrower certifies that the proceeds ofthe loan will not be used for the purpose ofpurchasing 0r carrying any securities or to fund any illegal activity, or to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. Default. Borrower will be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) files or has instituted against it or anyjoint applicant/co-borrower any bankruptcy 0r insolvency proceedings or make any assignment for the benefit of creditors; (3) commits fraud or makes any material misrepresentation in this Note, or in any other documents, applications or related materials delivered to Lender in connection with its loan or (4) fails to abide by the terms of this Note or the Borrower Agreement. Upon the occurrence ofan Event of Default, Lender may exercise all remedies available under applicable law and this Note, including without limitation demand that Borrower immediately pay all amounts owed 0n this Note. The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document Lender may report information about Borrower‘s account to credit bureaus. Should there be more than one Borrower, Lender will report that loan account to the credit bureaus in the names ofall Borrowers. Late payments, missed payments, or other defaults on an account may be reflected in Borrower’s credit report. Borrower agrees to pay all costs ofcollecting any delinquent payments, including reasonable attorneys‘ fees, as permitted by applicable law. Joint and Several Liability. The liability ofanyjoint applicant/co-borrower to repay in full this loan is in addition to and not in lieu 0fthe obligations 0fthe primary Borrower to repay the loan in full. The joint applicant/co-borrower agrees to abide by the terms and conditions ofthis Note or any other agreements or documents provide or executed as part 0fthe application process, as ifan original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and anyjoint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. interest or other loan uch loan charge shall be reduced om Borrower that exceeded Loan Charges. Ifa Iawthat ; lies to the charges collected or to be o -cted in Co bythe amount necessaryto u ce the c n making a direct payment to Borrow- . Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECT RONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. BORROWER EXPRESSLY AGREES THAT THE NOTE IS A"TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECT RONIC SIGNATURES IN GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT. Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability ofany party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled or released by Lender. This Note is 5L ' . \ ' - - ‘ ' ' orated by reference intot ' Controlling Law, contract made under such sta . ofthis Note w _ extent not preempted, without regard to any principle of conflicts of law. The unenforceability of any provision ofthis Note shall not affect the enforceability or validity ofany other provision ofthis Note. STATE LAW NOTICES: CALIFORNIA RESIDENTS ONLY: Amarried applicant may apply for a separate account. If Lender takes any adverse action as defined by § 1785.3 0fthe California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis. CALIFORNIA AND UTAH RESIDENTS: As required by California and Utah law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower's credit obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note before you read it. 2. You are entitled t0 a copy ofthis Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 0fthe Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender’s authority under The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document federal law (12 U.S.C. § 85, § 1463(9), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STAT EMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. NEW JERSEY RESIDENTS: The section headings ofthe Note are a table ofcontents and not contract terms. Portions ofthis Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or ma be permitted b "aplicable law" are permitted by New Jerse law, and (ii) that may be or will be taken by Lender unle NEW YORK, RHODE ISLAN :- tLe er may obtain a consumer credit report in connection with this ' ' ' . ' ' credit as a result ofthis application. If Borrower asks, o, the name and address ofthe agency that furnished the report. B er credit report in connection with the review or collection of any loan made to Borrower as a result ofthis application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. the adverse provision. Ifthis loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs to receive notification that credit has been extended to Borrower. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-IN F and R0 (if ) a(SIGNED ELEo Exhibit B WEBBANK p .4 FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR LENDINGCLUB ACCOUNT? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand whatwe do. The types ofpersonal information we collect and share depend on the product or service you have with us. This information can include: o Social Security number and transaction history o Account balances and payment history o Credit history and credit scores When you are no longer our customer, we continue t0 share your information as described in this notice. A|| financial companies need to share customers‘ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons WebBank chooses to share; and whether you can limit this sharing. ham your personal information Does WebBank share? Can you limit this sharing? For our everyday business purposes - such as t0 process your YES NO The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes - to offer our products and services YES NO to you For joint marketing with other financial companies YES YES For our affiliates' everyday business purposes - information NO We don't share about your transactions and experiences For our affiliates' everyday business purposes - information NO We don't share about your creditworthiness For our affiliates to market to you NO We don't share For nonaffiliates to market to you NO We don't share _;__iirw fliMP“Call (888) 596-3157 or go t0 www.lendingclub.comA _ AF--_-_- -_---___-- t comply with federal law. These ards and secured files and bUI nlngs. How does WebBank collect my personal information? We collect your personal information, for example, when you o Open an account or pay us by check - Provide account information or give us your contact information o Show your driver's license JLf" ‘_rW ‘ I j r asd )Merso fifBrWoiE’rs, s ch s E J edi bJreaus, affiliates, fie comp n es. I /I l l l l it all sh Iring? Fede al law gi e tc limit onl o Eh ring for c " day busi s pur )0 es-I f tion L ab( ut your c s k l-k “k 1- I o Aflates 146T ' Iu matio mark‘v o yo - Sharing for nonaffiliates companies to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when | limit sharing for an account I hold Your choices will apply to everyone on your account - unless you tell jointly with eone else? u erwi . y -919K A /-j 17 W ff I ‘ fl WIi D ‘ i M 4‘ V . ‘V Affiliates npanies r | ted by common ner II. They can be fi cial and nfinar cial comp n es. o WebBan oe it our r: ".m Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. o Nonaffiliates we share with can include other financial services companies, lenders, insurance companies, retailers, membership clubs or other consumer service providers. Joint marketing Aformal agreement between nonaffiliated financial companies that together market financial products or services to you. - Ourjoint marketing partners include financial services companies, lenders, insurance companies, or other consumer service providers. The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 25 201 8 04:09:20 This is a copy of an authoritative document LOAN SUMMARY Loan Id: 92952159 Primary Borrower Contact Information Full Real Name: MARIKA PULLEN Screen Name: Member_99792883 Email: marika.pullen@gmail.com Address: 351 LOS PALMOS DR SAN FRANCISCO, CA 94127 Home Phone: 415-254-2197 Cell or Work Phone: 415-321-7044 Loan Information Loan Issue Date: Original Loan Amount: Principle Balance: Principle Balance Date: OF10/9/18 Loan Documents Document Name Dateltime Document Version Signed BorrowerAgreement 11/8/16 07:30:24 PM PST LC_SEC_V22 Credit Score Notice 11/8/16 07:30:24 PM PST LC_SEC_V4 ‘ /8 . . a tio dDis o ure V /8/ 11/8/ bitAuh rizati n 11/8/ A 11/8/1/8/uxv/Amufi A A u‘u Ll DOMENT h UH The authoritative document is maintained by LendingClub Corporation and this copy was created Oct 09 201 8 08:00:34 EXHIBIT B Egy957 9T957 91957 9I2§7 91257 91957 9i957 9T957 91957 9I2§7 91957 9I957 91957 01957 01957 ID ‘29907143 31232521 32493461 33930804 35296616 36695210 38015207 39322919 40628695 41993038 43436007 44833527 46259160 47653077 49006700 LOT957 50423091 LOANJD 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 2159 cn‘u‘? 1' 11/18/2316 5000‘ H1m m' ML I 80.00$21729J $20469 $20469 $0001 $000 0 12/18/2016 $221.33‘ $0.00 $200.65 $200.65 $0.00“ $0.00 0 1/18/2917 $225.46 _ $0.00 $216.18 $216.18 $0.00 $0.00 0 $0.00 2/21/2017" $229.65 $0.00 5192.313 $192.33 $0.00 $0.00 0 $0.00 3/21/2017 $233.92 $0.00 $188.06 $188.06 $0.00 $0.00 0 $0.00 4/21/2017 $238.27 $0.00 5183.711 $183.71 $0.00 $0.00 0 $0.00 5/21/2917' $242.71 1 7 $0.00 $179.27 $179.27. $0.00 $0.00 0 $0.00 6/21/2917 $247.22 1 $0.00 $174.76 $174.76 $0.00 $0.00 0 $0.00 7/21/27: H $251.82 $0.00 $170.16 $170.16: $0.00 $0.00 0 $0.00 8/21/2017" $256.51 $0.00 $165.47 $165.47 $0.00 $0.00 0 $0.00 9/21/2017: $261.28 $0.00 $160.70 $160.70“ $0.00 $0.00 0 $0.00 10/21/K17 $266.14 $0.00 $1515.84 $155.84 $0.00 $0.00 0 $0.00 11/21/2017 1 $271.10 1 i110 $150.88 $150.88 $0.00 $0.00 0 $0.00 12/21/2017 7 $0.00 $0.00 $145.84 $0.00 $0.00 $0.00 0 $0.00 1/21/2018 $0.00 $276.14 $145.84 $0.00 $145.84 $0.00 0 $0.00 2/21/2018 $0.00 $552.28 $111.81 $0.00 $291.68 $0.00 0 $0.00 17 Sm: 12/22/2015“. . 1 12/19/2016 12/18/2'016' . 421.98? . $0.00 $0.00 $0.00 17“ 1/20/2017 1/18/2017 421.98 421.98 1/25/2017: 421.98] $0.00 $0.00 $0.00 17 2/21/2017 2/21/2017 441.64 441.94 2/24/2017 441.54 $0.00 $0.00 $0.00 17 3/21/2017 3/21/2017 421.98 421.98 3/24/2017 421.98 $0.00 $0.00 $0.00 17 4/21/2017 4/21/2017 421.98 421.98: 4/26/2017 421.98 $0.00 $0.00 $0.00 17 5/22/2017 5/21/2017 421.98 421.98 5/25/2017 421.98 $0.00 $0.00 $0.00 7717/6/21/2017 6/21/2017 421 98 421.98 6/26/2017 421.98 $0.00 $0.00 $0.00 17 77/21/2017 7/21/2017 421.98 421.98 7/26/2017 421.98 $0.00 $0.00 $0.00 17 8/21/2017 8/21/2017 421.98 4217.98 8/24/2017 421.98 $0.00 $0.00 $0.00 17 9/21/2017 9/21/2017 421.98 421.98 9/26/2017 421.98 $0.00 $0.00 $0.00 17 10/23/2017 10/21/2017 421.98 421.98 10/26/2017 421.98 $0.00 $0.00 $0.00 17 L/z1/2017 11/21/2017 421.98 421.98 11/27/2017 421.98 $0.00 $0.00 $0.00 17 12/21/2017 12/21/2017 421 98 421.98 12/27/2017 421.98 $0.00 $0.00 $0.00 1672/21/2018 1/21/2018 42:98 421.98 o $0.00 $0.00 $0.00 16 3/15/2018 2/21/2018 843.96 843.96 o $0.00 $0.00 $0.00 19 3/15/2018 3/21/2018 o 1265.94 o » ‘_§W "5' 11000 0.01824952424 r- ‘ 12/i8/2016 12/19/2016ins/2016 ‘ 7W1: (o o o L1/17/2o17 10782.71157 001821698465 'j #“L 1/18/2017 1/20/2017 lo o o 2/17/2017 1056137996 0.02005100161 1 2/18/2017 2/21/2017 0 0 0 WJ/zon 10335.92261 0.01820006789 1 3/18/2017 3/21/2017 0 0 0 4/20/2017 10106.2769 0.01819079084 1 4/18/2017 4/21/2017 0 0 0 5/19/2017 9872357869 0.01818089745 1 5/18/2017 5/22/2017 0 0 0 6/20/2017 9634.085995 0.01817032603 1 6/18/2017 6/21/2017 0 0 0 7/20/2017 9391380278 0.01815900641 1 7/18/2017 7/21/2017 0 0 0 7/18/2017 9144.158213 0.01814685837 1 8/18/2017 8/21/2017 0 0 0 /zon 8892335757 0.01813378984 1 9/18/2017 9/21/2017 0 0 0 10/20/2017 8635.827305 0.01811969456 1 10/18/2017 10/23/2017 0 0 0 Tau/2017 8374.545658 0.01810444928 1 11/18/2017 11/21/2017 0 0 0 @0/2017 8108.4019950018087910719 1 12/18/201712/21/2017 0 0 0 1/19/2018 7837.305‘ 1 1/18/2018/ 0 0 0 2/20/20187837305842 1 2/18/2018 0 0 0 3/20/2018/7837305842 -1 1 3/18/2018 0 0 0 \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electronically L D hr erurcuurl maliumia. Cauntraf‘ian Maren 0M 9/2/2021 . . a Alex? rIChrlstopher D. Mandarlch SB 220693 F-Wm Ajay Sood SB325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifi”; Velocity Investments, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Velocity Investments, LLC, Case N0. 21 -CLJ-04794 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED NORMA SANTOS, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $4,339.46 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, Velocity Investments, LLC, and successor in interest t0 original creditor, Mercury Mastercard/CreditShop Credit Card Company LLC. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Velocity Investments, LLC 1800 Route 34N Suite 404A Wall NJ 07719. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is CREDITSHOP LLC, 504 LAVACA STREET, SUITE 930 AUSTIN, TX 78701, and the account number associated with this debt is XXXXXXXXXXXXS03 8. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "73" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is NORMA SANTOS, 3990 MOULTON DR , SAN BRUNO, CA 94066-1027. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 card application to the original creditor, Mercury Mastercard/CreditShop Credit Card Company LLC or made such application over the telephone 0r Internet. Pursuant to the aforementioned application, Mercury Mastercard/CreditShop Credit Card Company LLC provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX5038 (hereinafter “Account”). 10.Pri0r 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 repay Mercury Mastercard/CreditShop Credit Card Company LLC and any successors in interest, for any charges on the Account including, but not limited t0, charges for purchase of goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Mercury Mastercard/CreditShop Credit Card Company LLC and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n August 5, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $4,339.46, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $4,339.46. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Mercury Mastercard/CreditShop Credit Card Company LLC and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied With California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 23 .Upon opening the Account with Mercury Mastercard/CreditShop Credit Card Company LLC, the Defendant(s) agree to reimburse Mercury Mastercard/CreditShop Credit Card Company LLC, and hence Plaintiff as successor in interest for the costs related t0 the collection 0f amounts COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO owing on the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $4,339.46 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Mercury Mastercard/CreditShop Credit Card Company LLC. Although demand has been made upon Defendant, said amount of $4,339.46 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 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,339.46, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/10/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A I- _ M E R C U R Y Page1or4 Account Number XXXX XXXX XXXX 5038 SUMMARY OF ACCOUNT ACTIVITY July 09, 2019 - August 08, 2019 Previous Balance $3,294.08 cl. Payments - $1 07.26 g PAYMENT INFORMATION Other Credits ' $000 ‘-_ s ‘ Purchases and Adjustments + $0.00 E New Ba'anoe 53363-61 Balance Transfers + $0.00 g Minimum Payment Due $108.66 Cash Advances + $0.00 S, Payment Due Date 0910512019 Fees Charged + $°'°° g Late PaymentWarning: Interest Charged + $76.79 § If we do not receive your minimum payment by the date listed above, you may have New Balance $3,263.61 g to pay a late fee up to $37.00. Statement End Date August 08’ 2019 Minimum PaymentWarning: _ Days in Billing Cycle 31 J If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: CREDIT LINE SUMMARY _ Total Credit Line $3,500.00 _ if you make no _ You will pay off the And you will end up Credit Line for Cash $70000additional charges usmg balance shown on . {mated T t IA .l bl C edt $236 39this card and each this statement in paymtg tanl e: I o a val a e r I ' month you pay about ° ° _ Available Credit for Cash $236394 °"'YFt,he Minimum 21 years $9,993.00 REWARDS SUMMARY ayment $ Previous Balance 4 4,824.00$134'00 3 years (Savings = $5,169.00) Eggmed + g If you would like information about credit counseling services, - can 366-636-2153. Other AdJUStments 0 _ J _ Current Balance = 4 J Ca": 866-686-2158 online: WWW.MERCURYCARDS.COM L Mail: CARD SERVICES, PO BOX 84064, COLUMBUS, GA 31908-4064 J AutoPay: Your next automatic payment of $108.66 is scheduled for September 5, 2019. The automatic payment will not exceed the outstanding balance. Please tear at perforation and make payment payable to Card Services. SEE REVERSE FOR IMPORTANT INFORMATION. M E R C U R Y Account Ending 5038 CARD SERV'CES New Balance $3,263.61 Po Box 84064 COLUMBUS GA 31903-4064 Minimum Payment Due $108.66 Payment Due Date 09/05/19 D Check here for any address changes andindicate any changes on reverse. Amount Enclosed NORMA B SANTOS CARD SERVICES 3990 MOULTON DR ** 0022352 :(jymem Po Box 70168SAN BRUNO CA 94066-1027 PHILADELPHIA PA 19176-0163 |_ Page 2 of 4 Norma B Santos Closing Date 08/08/2019 Payments: You may pay a|| or part of yourAccount balance, at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date each Billing Period. We cannot accept wire transfers or payments that are electronically transmitted directly to us using our bank routing number. Please do not send post-dated checks as they will be deposited upon receipt. Late payments, partial payments or payments marked “payment in full” or with any other restrictive endorsement can be accepted by us without losing any of our rights under your Cardmember Agreement. We will re-present to yournancial institution any payment that is returned unpaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business Days. When Your Payment Will be Credited. If we receive your payment in proper form at the proper address by 5 p.m. Eastern Time, on a Business Day, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next Business Day. If the payment due date falls on a day when we do not receive or accept payments, the payment will not be treated as late if it is credited the next Business Day. Business Day means Monday through Friday, excluding federal holidays. Allow at least 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is Lockbox Services, Box #70168, 400 White Clay Center Dr, Newark, DE 19711. Proper Form: For a payment sent by regular or express mail, proper form is a single check or money order, in U.S. dollars, drawn on a U.S. institution, with a single payment coupon from your billing statement. Include your name and the last four digits of yourAccount number. Unless sent by express mail, please use the envelope we provided. No cash or foreign currency. No staples or paper clips. No extra pieces of paper. Payment by phone or website: Payments made through our website, www.mercurycards.com, or through the Contact Us phone number shown on front of statement, and completed on a Business Day by midnight Eastern Time, will be credited as of that day. Othenivise, it will be credited on the next Business Day. Electronic Check Conversion: When you provide a check as payment on this Account, you authorize us to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we receive your payment, and you will not receive your check back from your nancial institution. How to Avoid Paying Interest on Purchases: Your due date is at least 23 days after the close of each Billing Period. You will not be charged interest on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. |f you don't pay your New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the date they post to yourAccount, subject to applicable law. You will pay interest on Balance Transfers and Cash Advances from the date these Transactions post to your Account. HowWe Calculate Interest: We calculate interest separately for each different balance. Your billing statement shows each balance in the “Balance Subject to Interest Rate." We use the “Daily Balance Method (including Current Transactions)." For each balance, to determine adaily balance, we start with the beginning balance each day. The beginning balance forthe rst day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the applicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance.We add any interest calculated on the previous day's balance. (This means interest is compounded daily). A credit balance is treated as a balance of zero. This gives us the daily balance. We multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. The Balance Subject to Interest Rate is the average of the daily balances. Variable rates: vary with the market based on the Prime Rate. Credit Reporting: We may report information about yourAccount to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reected in your credit report. If you think we reported inaccurate information to a credit bureau, write us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. Change of Address: If the information on the front of this statement is incorrect, please provide updated information: Name: Address: City: State: Zip: Home Phone Work Phone Cell Phone Number: Number: Number: By giving us your mobile telephone number, we have your permission to contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging, articial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not fortelemarketing or sales calls. It may include calls from companies working on our behalf to service your account. Message and data rates may apply. You can change these preferences at anytime by contacting us. |_ Page 3 of 4 Norma B Santos Closing Date 08/08/2019 Mastercard Benefit Changes ‘T Effective October 1, 2019, your Mercury Mastercard® will no longer come with certain benefits, but will have enhancedN ID Theft Protection, Mastercard Airport Concierge and Mastercard Global Services. 8' The cancellation of your insurance benefits under the following policies will be effective October 1, 2019, at 12:00 am g (EDT) (' Effective Date of Cancellation' ): Worldwide Automatic Travel Accident & Baggage Delay, MasterRental, g Purchase Assurance, Extended Warranty, and Price Protection. The policies are issued by New Hampshire Insurance 3' Company, an AIG Company. lf coverage under any of these policies attaches to a purchase made with your Mastercard § prior to the Effective Date of Cancellation, benefits will be provided for that purchase pursuant to the policy terms in § effect at the time of coverage attachment, notwithstanding your coverage cancellation. For more information about your insurance benefits coverage, please refer to your card's prior Guide to Benefits. 02 Your new Mercury Mastercard Guide to Benefits is available at www.mercurycards.com/benefits. PAYMENTS AND OTHER CREDITS Post Trans Reference Date Date Description of Transactions Number Amount $ Payments -$1 07.26 08/05 08/05 Pymt - Thank You -$1 07.261 INTEREST CHARGED 08/08 08/08 Interest Charge-Purchases $69. 1 3 08/08 08/08 Interest Charge-Cash Advance $7.66 Total Interest for this Period $76.79 201 9 TOTALS YEAR-TO-DATE Total Fees charged in 2019 $56.20 Total Interest charged in 201 9 $610.41 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject Interest Charge Rate (APR) to Interest Rate Purchase 27.24%(v) $2,989.22 $69. 1 3 Balance Transfer 27.24%(v) $0.00 $0.00 Cash Advance 27.49%(v) $328.16 $7.66 (v) = variable rate |_ Page 4 of 4 Norma B Santos Closing Date 08/08/2019 How to Report a Lost or Stolen Card: Call the Contact Us number on the front of this statement. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. |n your letter, give us the following information: o Accountinformation: Your name and Account number. o Dollar amount: The dollar amount of the suspected error. o Description ofproblem: lf 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. You must notify us of any potential errorsin 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. While we investigate whether or not there has been an error,the following are true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases lf you are dissatised with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all ofthe following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these is necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a Check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. lf all of the criteria above are met and you are still dissatised with the Purchase, contact usin writing at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. EXHIBIT B |_ 00 00 00 00 - 0 41 20 9 - 0 00 1 - 0 00 2 - 2 MERCURY Account Number XXXX XXXX XXXX 5038 February 09, 2020 - March 08, 2020 PAYMENT INFORMATION I New Balance $4,339.46 Minimum Payment Due $1,228.50 Payment Due Date 04/05/2020 Late PaymentWarning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $37.00. Minimu PaymentWarning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For exam ple: You will pay off the balance shown on this statement in If you make no additional charges using this card and each And you will end up paying an estimated month you pay aboUt total of Only the Minimum Payment 21 Years $10,794.00 If you would like information about credit counseling services, call 866-686-21 58. ‘ Online: WWW.MERCURYCARDS.COMCa": 866-686-2158 Mail: CARD SERVICES, PO BOX 84064, COLUMBUS, GA 31908-4064 J Page 1 of 4 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $4,21 2.67 Payments - $0.00 Other Credits - $0.00 Purchases and Adjustments + $0.00 Balance Transfers + $0.00 Cash Advances + $0.00 Fees Charged + $37.00 Interest Charged + $89.79 New Balance $4,339.46 Statement End Date March 08, 2020 Days in Billing Cycle 29 Past Due $1,059.58 Overlimit $839.46 CREDIT LINE SUMMARY Total Credit Line $3,500.00 Credit Line for Cash $700.00 Total Available Credit $0.00 Available Credit for Cash $0.00 J REWARDS SUMMARY Previous Balance 229 Earned + 0 Redeemed - 0 Other Adjustments 0 229_ Current Balance = Your account is now seven payments past due. Please contact us at (844)325-5884 to discuss your options. 03/05 03/05 Late Fee $37.00 Total Fees for this Period $37.00 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Please,,t,e,a,r,,a,t,ne,rt9rat,i9n.a,ns1,rnakeeaymampayabte,99part1saves:,seesaveaserqa,IMEQBIANI,lNFQBMAII9,N,-,,,,,,,,,,,,,,,,,,,,,,,.aaaaa..aaaaa..aaaaa..aaaaa..aaaaa..aaaaa..aaa77..--..W-mw M E R C U R Y Account Ending 5038 CARD SERV'CES New Balance $4,339.46 Po Box 84064 _ _ COLUMBUS GA 31908-4064 Minimum Payment Due $1 ,228.50 Payment Due Date 04/05/20 D Check here for any address changes andindicate any changes on reverse. Amount Enclosed NORMA B SANTOS CARD SERVICES 3990 MOULTON DR ** 0041209 :jyme'“ PO Box 70168SAN BRUNO CA 94066-1027 134 pHiLADELPHIA PA 19176-0168 |_ Page 2 of 4 Norma B Santos Closing Date 03/08/2020 Payments: You may pay a|| or part of yourAccount balance, at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date each Billing Period. We cannot accept wire transfers or payments that are electronically transmitted directly to us using our bank routing number. Please do not send post-dated checks as they will be deposited upon receipt. Late payments, partial payments or payments marked “payment in full” or with any other restrictive endorsement can be accepted by us without losing any of our rights under your Cardmember Agreement. We may re-present to yournancial institution any payment that is returned unpaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business Days. When Your Payment Will be Credited. If we receive your payment in proper form at the proper address by 5 p.m. Eastern Time, on a Business Day, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next Business Day. If the payment due date falls on a day when we do not receive or accept payments, the payment will not be treated as late if it is credited the next Business Day. Business Day means Monday through Friday, excluding federal holidays. Allow at least 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is Lockbox Services, Box #70168, 400 White Clay Center Dr, Newark, DE 19711. Proper Form: For a payment sent by regular or express mail, proper form is a single check or money order, in U.S. dollars, drawn on a U.S. institution, with a single payment coupon from your billing statement. Include your name and the last four digits of yourAccount number. Unless sent by express mail, please use the envelope we provided. No cash or foreign currency. No staples or paper clips. No extra pieces of paper. Payment by phone or website: Payments made through our website, www.mercurycards.com, or through the Contact Us phone number shown on front of statement, and completed on a Business Day by midnight Eastern Time, will be credited as of that day. Othenivise, it will be credited on the next Business Day. Electronic Check Conversion: When you provide a check as payment on this Account, you authorize us to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we receive your payment, and you will not receive your check back from your nancial institution. How to Avoid Paying Interest on Purchases: Your due date is at least 23 days after the close of each Billing Period. You will not be charged interest on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. |f you don't pay your New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the date they post to yourAccount, subject to applicable law. You will pay interest on Balance Transfers and Cash Advances from the date these Transactions post to your Account. HowWe Calculate Interest: We calculate interest separately for each different balance. Your billing statement shows each balance in the “Balance Subject to Interest Rate." We use the “Daily Balance Method (including Current Transactions)." For each balance, to determine adaily balance, we start with the beginning balance each day. The beginning balance forthe rst day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the applicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance.We add any interest calculated on the previous day's balance. (This means interest is compounded daily). A credit balance is treated as a balance of zero. This gives us the daily balance. We multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. The Balance Subject to Interest Rate is the average of the daily balances. Variable rates: vary with the market based on the Prime Rate. Credit Reporting: We may report information about yourAccount to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reected in your credit report. If you think we reported inaccurate information to a credit bureau, write us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. Change of Address: If the information on the front of this statement is incorrect, please provide updated information: Name: Address: City: State: Zip: Home Phone Work Phone Cell Phone Number: Number: Number: By giving us your mobile telephone number, we have your permission to contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging, articial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not fortelemarketing or sales calls. It may include calls from companies working on our behalf to service your account. Message and data rates may apply. You can change these preferences at anytime by contacting us. |_ _ Page 3 of 4 Norma B Santos Closing Date 03/08/2020 INTEREST CHARGED 03/06 03/06 Interest Charge-Purchases $81 .78 03/06 03/06 Interest Charge-Cash Advance $8.01 Total Interest for this Period $89.79 2020 TOTALS YEAR-TO-DATE Total Fees charged in 2020 $1 1 1 .00 Total Interest charged in 2020 $273.02 00 00 00 00 - 0 41 20 9 - 0 00 2 - 0 00 2 - 2 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject Interest Charge Rate (APR) to Interest Rate Purchase 26.49%(v) $3,884.17 $81 .78 Balance Transfer 26.49%(v) $0.00 $0.00 Cash Advance 26.74%(v) $376.74 $8.01 (v) = variable rate Enroll in AutoPay to ensure your payment is made by the due date each month. Simply log in to www.mercurycards.com and select Set Up AutoPay to enroll today. |_ Page 4 of 4 Norma B Santos Closing Date 03/08/2020 How to Report a Lost or Stolen Card: Call the Contact Us number on the front of this statement. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. |n your letter, give us the following information: o Accountinformation: Your name and Account number. o Dollar amount: The dollar amount of the suspected error. o Description ofproblem: lf 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. You must notify us of any potential errorsin 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. While we investigate whether or not there has been an error,the following are true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question, you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases lf you are dissatised with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all ofthe following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these is necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a Check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. lf all of the criteria above are met and you are still dissatised with the Purchase, contact usin writing at the Contact Us Address shown on your statement and address it to Card Services - Dispute Resolution. While we investigate, the same rules apply to the disputed amount as discussed above. After we nish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Electronically L D hr erurcuurl maliumia. Cauntraf‘ian Maren UN 9/2/2021 Christopher D. Mandarich SB 220693 EE_W Ajay Sood SB325294 Hayk Stambultsyan SB320973 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21 _CLJ_04798 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED ESSA ABABSEH, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $4,642.67 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, CITIBANK, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated With this debt is XXXXXXXXXXXX8859. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "74" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ESSA ABABSEH, 207 MARVILLA CIR , PACIFICA, CA 94044-3308. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 card application to the original creditor, CITIBANK, NA. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CITIBANK, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX8859 (hereinafter “Account”). 10.Pri0r 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 repay CITIBANK, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CITIBANK, NA. and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n May 24, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $4,642.67, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $4,642.67. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, CITIBANK, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $4,642.67 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CITIBANK, N.A.. Although demand has been made upon Defendant, said amount of $4,642.67 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,642.67, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/30/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A Costco Anywhere Visa® Card by Citi ESSA ABABSEH Member Since 2016 Account number ending in: 8859 Billing Period: 05/03/19-06/04/19 JUNE STATEMENT Minimum payment due: $1 05.91 New balance as of 06/04/19: $3,943.18 Payment due date: 06/28/19 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRS may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional You will pa offthe balance And you will end up charges using this card shown on t e statement in pfaying an estimated total oand each month you pay... about... Only the minimum payment 17 years $9,241 $1 43 3 years $5’1 48 (Savings = $4,093) For information about credit counseling services, call 1-877-337-8187. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Account Summary Previous balance $4,051.27 Payments $175.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$66.91 New balance $3,943.18 Credit Limit Credit Limit $4,000 Includes $1,200.00 cash advance limit Available Credit Limit $56 Includes $56 available for cash advance cutl‘ 505 4100 390i 2345 6789Costco Cash g Rewards Summary VISA as of 06/04/19 $12.13 » See page 3 for more information about your rewards Minimum payment due $105.91 New balance $3,943.18 Payment due date 06/28/19 Amount enclosed: 000000 NC 00 A o Account number ending in 8859 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 ESSA ABABSEH 207 MARVILLA CIR PACIFICA CA 94044-3308 www.citicards.com ESSA ABABSEH CARDHOLDER SUMMARY ESSA ABABSEH Customer Service 1-855-378-6467 Page 2 of 2 TTY-hearing-impaired services only 1-866-210-0617 Costco Cash C d d~ ‘8859ar en ”‘9'“ Rewards SummaryNew Charges $0.00 ACCOUNT SUMMARY Total Costco Cash Rewards Balance: Sale Post $12.13 Date Date Description Amount Payments, Credits and Adjustments 05/24 ONLINE PAYMENT, THANK You $175.00 C°St°° caSh Rewards summary ' Costco Cash Rewards balance as of last statement +$12.13 ESSA ABABSEH Earned this period +$0.00 No Activity Fees Charged Total Costco Cash Rewards Balance _ Year To Date: $12.13 TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 06/04 INTEREST CHARGED TO STANDARD PURCH $8.00 06/04 INTEREST CHARGED TO PUR PR-11/23/18. $58.91 TOTAL INTEREST FOR THIS PERIOD $66.91 Costco Cash Rewards2019 totals year to date Earned This Period Total fees charged in 2019 $0.00 4% on eligible gas worldwide, including Total interest charged in 2019 $366.16 gas at Costcol +3000 Interest charge calculation Days in billing Cycle333 3% on restaurants +$o.oo Your Annual Percentage Rate (APR)is the annual interest rate on your account. 3% on eligible travel worldwide +$0.00Annual percentage Balance subject Balance type rate (APR) to interest rate PURCHASES Standard Purch 29.99% (V) $295.24 (D) Pur Pr 112318 17.49% (V) $3,725.17 (D) ADVANCES standard Adv 29.99% (V) $0.00 (D) Interest charge 2% on Costco and Costco.com +$0.00 $8.00 $5891 1% on a|| other purchases +$0.00 $0.00 Total Earned: $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 06/21/2019 to allow enough time for regular mail to reach us. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. » Visit citi.com/Costco for more information ‘Up to $7,000 per year in purchases, then 1% cash back EXHIBIT B Costco Anywhere Visa® Card by Citi ESSA ABABSEH Member Since 2016 Account number ending in: 8859 Billing Period: 12/04/19-01/02/20 JANUARY STATEMENT Minimum payment due: $4,642.67 New balance as of 01/02/20: $4,642.67 Payment due date: 01I02I20 Seethe last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRS may be increased up to the Penalty APR of 29.99%. Minimum payment warning:|f you make only the minimum payment each period, you will pay more in interest, and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pa offthe balance And you will end up sEowtn on t e statement in pfaying an estimated total a ou o www.citicards.com Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 PO BOX 790046 ST. LOUIS, MO 63179-0046 Account Summary Onlythe minimum payment 1 months $4,643 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com Previous balance $4,573.24 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$69.43 New balance $4,642.67 Credit Limit Credit Limit $4,000 Includes $1,200.00 cash advance limit Minimum payment due $4,642.67 New balance $4,642.67 Payment due date 01/02/20 000000 NC 32 A 0 ESSA ABABSEH 207 MARVILLA CIR PACIFICA CA 94044-3308 Amount enclosed: Account number ending in 8859 Citi Cards PO BOX 7801 9 Phoenix, AZ 85062-801 9 www.citicards.com ESSA ABABSEH CARDHOLDER SUMMARY ESSA ABABSEH New Charges ACCOUNT SUMMARY Sale Post Date Date Description ESSA ABABSEH No Activity Fees Charged TOTAL FEES FOR THIS PERIOD Interest Charged 01/02 INTEREST CHARGED TO STANDARD PURCH 01/02 INTEREST CHARGED T0 PUR PR-11/23/18. TOTAL INTEREST FOR THIS PERIOD Customer Service 1-855-378-6467 TTY-hearing-impaired services only 1-866-210-0617 Page 2 of 2 Card ending in 8859 $0.00 Amount $000 $368 $5575 $6943 2020 totals year-to-date Total fees charged in 2020 Total interest charged in 2020 $000 $6943 Interest charge calculation Balance type Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject rate (APR) to interest rate Days in billing cyc|e230 Interest charge PURCHASEs Standard Purcn 29.99% (V) $554.85 (D) $13.68 PurPrnzsie 167496 $4wo5t85(0) $5575 ADVANCES standard Adv 29.9996(V) $0.00(D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Important: To receive a credit card reward certificate you must have earned more than $1 in rewards through your December 2019 statement closing date and your account must be open at the time your certificate is issued in February. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. 2018 Citibank, N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Visa(R) is a registered trademark of Visa International Service Association. \OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO Christopher D. Mandarich SB 220693 Electmnically Ajay Sood 33325294 FILED Hayk Stambultsyan SB320973 bySuperlurCmrtnfC-allfmnla. Cumunffianhflaten Martin Weingarten SB 201906 fl“ 9/2/2021 MANDARICH LAW GROUP, LLP By P.O. Box 109032 Chicago, IL 60610 Mair“ Phone: 877.285.49 1 8 Facsimile: 818.888. 1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO - LIMITED Midland Credit Management, Inc, Case N0. 21 -CLJ-04800 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED ESSA N ABABSEH, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $3,079.80 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, CAPITAL ONE BANK (USA), N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CAPITAL ONE BANK (USA), N.A., 4851 COX ROAD GLEN ALLEN, VA 23060, and the account number associated With this debt is XXXXXXXXXXXXO999. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside Exhibit "75" COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ESSA N ABABSEH, 207 MARVILLA CIR , PACIFICA, CA 94044-3308. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe 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 of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of 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 of 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 card application to the original creditor, CAPITAL ONE BANK (USA), N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CAPITAL ONE BANK (USA), N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX0999 (hereinafter “Account”). 10.Pri0r 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 repay CAPITAL ONE BANK (USA), N.A. and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CAPITAL ONE BANK (USA), N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n May 24, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $3,079.88, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $3,079.80. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Upon information and belief, CAPITAL ONE BANK (USA), N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $3,079.80 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CAPITAL ONE BANK (USA), N.A.. Although demand has been made upon Defendant, said amount 0f $3,079.80 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $3,079.80, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 08/30/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 QML/ ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A _/7 Page 1 of2' L Platinum MasterCard Account Ending in 0999Capa ( ) 2/' L May 16. 2019- Jun. 15. 2019| 31 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments Previous Balance $2,615.86 the deadline is 8pm ET.JU I- 121 201 9 Payments - $200.00 New Balance Minimum Payment Due Other Credits $0.00 $2, 553 . 1 7 $79 .00 Transactions + $83-46 LATE PAYMENT WARNING: If we do not receive your minimum payment C‘s“ Ad"°"°°5 + ”'00 by your due date. you may have to pay a late fee of up to $38.00. Fees Chafged + $000 MINIMUM PAYMENT WARNING: If you make only the minimum payment each period. you will pay more in interest and it will take you "new“ Cha'ged + $5335 longer to pay off your balance. For example: New “In.“ _ s2 553 n Credit Limit $2,500.00 Available Credit (as ol Jun. 15, 2019) $0.00 Minimum Palm“ 14 Ye“ 35-395 Cash Advance Credit Limit $300.00 $102 3 Yea” $3562 Available Credit for Cash Advances $0.00 Btimated savina if balance is paid off in about 3 years: $3.233 If you woull like infnnnalion abort ciedit counseling services. call 1-888-326-8055. Rewards Balance as 0f 06114/2019 Track and redeem your rewards with our $17 90 mobileapporon Previous Balance Earned Redeemed $16.64 $1.26 $0.00 Account Notifications ® Your account has gone over its credit limit. In addition to your required minimum payment, please pay enoudi to bring your account balance below your credit limit to avoid the possibility of being declined. Pay or manage your account on our mobile app or at www.capitalonecom. Customer Service: 1-800-903-3637 See reverse for Important Information Please sand us this portim of your shtement and oily one cheoli (or one money orderito‘ ensure your payment is processed promptly. Allwr a least seven business days fa delivery. 400035 - p Make a statement. Payment Due Date: Jul. 12, 2019 Account Ending in 0999 € l GO paperless. ~ f Stop waiting for your bill to arrive New Balance Minimum Payment Due Amount Enclosed ' 'n the mail and go paoerless today. $2,553.17 $79.00 $ ESSA ll ABABSEH ED? HAKVILLA CIR PACIFICA: (A 19099-3305 Capital One "I I P-o- BOX 505‘!I" City of Industry: CA ERIE-053'! Baum! Mbymeduedatemewillnotdlargeyouhtstastonanynewhamacusmatpostb thepumhasesegment Ifyouhave been paying youracoomt'n fullwithnolntetest Chatges.butthenyoudonotpayyounextNewBalanceinfulI,wewlmargeinteteston theponionofthebalanee thatyoudidnotpay. ForCashAdvancesandSpeeial Tlansfers. we will start charging hatest on the tansecon date. Cetm‘n pmmoonal offers may allow you m pay less than the total New Balance and avoid paw'ng htetest Chetgeson newpuchases. Please refutotne frontofyoustatementfuadditional Information. transactiononhefrstdayofthe Bling mole. huestChargesacuuemeveryunpaid amount un it is paid in fll. This means you may owe interest Charges even if you pay the entire New Balance for one Billing Cyde, but did not do so the previous Bilirg Cycle. Unpaid Interest Charges are added b the corresponrg segnent of your account. m m assess a Minimum Interest Chang? We may assess a mirirnum Interest Charge of $0.50 for eadr Billing Cycle if youraccount is subjectto an interest Charge. Hg g9 yo_u Calculate re interest Chm? We use a method caled Average Daily Balance (rnclurg new ueneach'ons). 1.Flrst for each segment we mire the beginning balance each day and add in new transactions and the periodic lnbrest Charge on the previous day‘s balance. Then we srbtractany paymens and uedtsforthatsegmentasofthatday.‘lhe restltisthe delly balance for each segment However. if you previous statement balance was zero oraaeritamount. newh'ansach'onswhlch posttoyourpurehasesegnentare not added m the daily balance. 2.Next, foreach segnentweadd thedailybalancestogetherand dividethesumbythe runberofdays inthe Billing Cycle. The restltistheAverage Daily Balanceforeach W- 3.Atiheendofeach BirgCycie.werruIltipiyyoIrAverageDaiyBalanceforeach segmentbymedaiiyperiodcrate(APRdividedby365)forratWandmenwe rruIitipiytheresIltbythenI-nberofdaysintheBiigCyde. Weaddthelnterest Chargesforalsegnenstogether.'l'herestltisyoutotallnteremChargefortheBiIg Cycle. TheAverage DailyBalanceisreferredtoastheBalanceSublectmlnterestRate'lIthe InbrestChargeCalculah‘on sectionofthis Subment. NOTE: Due k) rounding ora m‘erirrurmlnterestChargeJi'Bcelotlation mayvarysighliy fromthehwrestChargeacmaiyassessed. Hg n my Variable APR change? YourAPRs rnay‘ncrease or decrease based on one of the following indices (reported in The Well Street Joumai ). The letbr code below correspondswirmeletternexttoyourAPRsindrehterestChargeCalulationsectionof thissnbment. Code next to ‘ How do we calctlate your When your APR(e) wli charge mt APBlg) ”3(5)? Ingx +mil P PrimeRab+marwI TherstdayoftheBiiiingCyciesthat L 3 month LIBOR +mam end 'II Jan, April, July. and Oct. D Pn'me Rate + mam me fusrdayoreach Billing were. F 1 month LIBOR + nargin HQEIAM Memberehh Fees? lfaRenewalNotioeisprinmdonthisshtement, yournayavoidpayinganannualmembershipFeebycontsctingCusmmerServicerIoiater than45daysaiterthelastdayintheBillingCyclecoveredbythisshtementtorequest matwedoseyouacownt.ToavoidpayingamonrlymanbemhipFee.dosem eccomtandwewlsiopassessirgyoumonriymembershlpFee. Servicemlnmum thatwedoseyotlacoourt Changing Mailing Address? Youmdrangeyoueddressbyslgirginbyouecmunmheamhgorm Service. Pay online atwww.capitalone.com L Pay using our mobile app 001 hiatemACHorelechmicpaymmimaiwibedebitedfmnyuxbariraccouMor orerreiatedeooountWhenyoupmvideadredrorcheokiIformamtomakea paymem.youaudiorizeustowemiormamhommedieoktomdteamemeACHu odrerelectronictransferfromyourbankaccount. Wemayaisoprooessitasachecir trarrsaciion.Funds maybewiihdrawnfromyourbaniraccountassoonasmesameday weprocessyourpayment Harv do you Aggy My PM? We generally apply payments up to your Mirr‘lntln Payment rst to the balance with the lowest APR Gncluding 0% APR). and ttwn to balanceswiihhigher APRs.We appiy anypartofyoupayrnentexoeedingywrlnirmm Paymentto the balancewiihmehigrestAPR.andthenmbaianoeswitiI|owerAPRs. Bliin Rl hnSumma Doesnot toSmalB ' What To Do IiYou Think You Hnd AMIeHre 0n Your Shtement : lfyoutirlnkthere isanerroronyoustammentmimtousat: Capiw One P.O. Box 30285 Salt Lake City. UT 84130-0285. Inyourietter.giveusthefollowingirformaon: o AccountinformationrYou nameandacoount nunber. o DolaramomtzThedoliaramomtofthesuspecmd error. o Descr'piionofProblerrrlfyouih'erkthere'sanenoronyoubl.descrbewhatyou beieveiswrongandwiryyoubelieveitisamismke.Yourrurstoonhduswithln60 daysatteriheerrorappearedonyourstamment Youmustnotifyusofanypobntiel enorsinwring.Youmaycalusornotiiyuselectronimllymutifyoudowearenot requiredbinvestigateanypobntialerrorsandyoumayhavetopaytheamountin question.We will noh'tyyou in writing within 30 days otourrew'pt ofyourletter.WNle weinvestigatewhetherornottherehasbeenanerromhetolowingarebue: o We cannot try to colect the amount in mesb'on. or report you as delinquenton mat anIoImtThechargeinquesiionmayrernainonyoursmhrrrentandwemayoonueto chargeyou interestonthatamount. But. ifwedetermine thatwe madeamishke. you winothavetopaytheamountinquesiionoranyinterestorotherfeesmiamdtoihat amomt. o Whieyoudonothavetopayiheamountinquesiionuntilwesendyouanotioeabout meMouneofourMSgaonJouarerewmsibhformerunahderoiywbmnce. o Wecanapptyanyurpaidamomtaga‘erstyoue’editinitwnhin90daysofour receiptofyouietter.wewlmdyouawrittennoiiceemiaming eiiherthatwe correctedtheerror(mappearonyournextstatement)orihereasonswebelievethebl iscoIrecL YourRlghbitYouAreDieeatieiied With Your Purchase: liyouaredissab'sedwith thegoodsorservicesihatyouhavepurdrasedwiihyourcreditcard.andyouhavetried mgwdfairmoonectmepmbiemwirmememhmtywmyhavemenghtnotbpay mammamirgamountduemmepuchaseousemisnghtdrefdbwmgmst betrue: 1)Ywmusthaveusedyouaedoadforrepurdrase.Puchasesmadewlrcesh advancesomanATMorwithadrecirdrataccessesyouaeditcadaccoundomt malifymnd 2)Yourrurstnotyethave fullypaidforihepurdrase. ifall ofthe crmna above are met and you are still dssased wir the pudrase. conm usinwrirgatzmpitaiOne.P.0.Box30285.SaitLdceCity,UT84130-0285. Whiewe investigate.thesamerulesapplymihedisputedamountasdlswesedabove.Aiterwe nishouinvesh‘gah’on.wewimlyououdea'sion.Atratpoint.ifwedIlnlryouowean amormtandyoudonotpaywemayreportyouasdeiinment 020160W0neapihl0neisafederyredsbredservloenwk ETC-08 11/01/16 mummwmaymwmmhsmrmt 1. attireBanlc‘ngbyiogg'Igirtoyouaccount 2. CapiOneMobieBanldngappforapprovedelectronlcdevlces; 3. Cairgmembphonenunberiaedonmeiromddisstatementandpmmme remied paymentinformab‘on: 4. Sendingmailpaymensmmeadaessoniheunofmieshtememmme payment coupon oryouraccourt information. o Formobile.onheoroverihephone.asofihebus‘nessdaywereceiveit,asiong asitismadebyap.m.ET. o FormalasofthebusinessdaywerewiveitaslongasitisreceivedbySpm. locelneatourprocessing wnter.You nustmdrebottomporonofthb smtementandyoudredrbthepaymentaddressmthehmtoid'msmbment Pieaseallowatleastsevenmbusinessdaysformaidelvery. Mailedpayrnenm reoeivedbyusatanyoiherlocaonorpaynenslnanyoiherformmaynotbe crediedasofthedayweremivethem. Any written request on this form will not be honored. To manage your account. please refer to your billing shternent for cusbrner service options Ca' it Janetp Transactions Visit to see detailed transactions. ESSA N ABABSEH #0999: Payments. Credits and Adjustments Dab Description Alount May 24 CAPITAL ONE MOBILE PYMTAuthDate - $200.00 24-May ESSA N ABABSEH #0999: Transactions Duo Description Alounl Jun 5 FOG ZONEPACIFICACA $1 5.00 Jun 6 ROSS STORES #3PACIFICACA $68.46 ESSA ll ABABSEHm: Tohl m.“ Total Transactions for This Period Dan Description Alount Total Fees for This Period $0.00 Interest Charge on Purchases $53.85 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $53.85 Total Fees charged $76.00 $31 5. 1 8Total Interest charged nZMZ Platinum MasterCard Account Ending in 0999 May 16, 2019 - Jun. 15, 2019 l 31 days in Billing Cycle Interest Charge Calculation YourAnnual Percentage Rate (APR) is the annual interest rate on your account. Type ot Annual Percenhge Balance Subject lntered Charge Balance MFR) to Irlerest Rate Purchases 25.15% P $2,521.04 $53.85 Cash Advances 27.15% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of one 1 for details. 720 300085 Protect your credit score. Detect fraud with automatic alerts if your credit report changes with CreditWise°-bui|t right into the Capital One’ mobile app. EXHIBIT B ' ' Page 1 of4 Ca ' a, g} Platinum MasterCard Account Ending in 0999p" /O L Dec. 16. 2019-Jan. 15. 2020| 31 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments Previous Balance $3,016.73 PAST DU E the deadline is 8pm ET. Payments $.00 New Balance Minimum Payment Due Other Credits $0.00 $3 ,079 .88 $3 ,079 .88 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES: C‘s“ Ad"°"°°5 + ”'00 Your full balance is due. Any payment you make will reduce your balance F65 Cha'ged + $000 and help pay off your debt faster, The amount you one rmy differ if you've entered into a separate payment ureement. IntereSt Charged + $63'15 New Balaloe = $3,019.88 Available Credit (as ol Jan. l5. 2020) N/A 300079 C Iap'a/IOne“ Account Notifications ® Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-258-93 19 See reverse for Impormm Information Please sand us this portim of your shtament and ally one check (or one money orderlto‘ ensure your payment is processed ommpljy. Allw a least seven business days fa delivery. 400030 Payment Due Date: Past Due Account Ending in 0999 ’o New Balance Minimum Payment Due Amount Enclosed cap'ta one $3,079.88 $3,079.88 $- / ESSA I ABABSEH ED? HARVILLA CIR PACIFICA: (A 19099-3306 Capital One "I I P-o- BOX 5051‘I" City of Industry: CA ERIE-0511 I"I'I"'lII'Ill'I'II'ml'I'Im'""|"I||II|”II'|I"'|'I'|I|| ”danced: monhwevllnotdmatgeinterestonnewtmacommatpostmme purchase balance. If you have been paying i1 full without lnbrest Charges. butfail m pay your next New Balance in full. we will chalge interest on the unpaid balance. Intetest Chames on Cash Advances and Spea‘at Transfers start on the transadion date. Promotional offers may allow you to pay less than the bml New Balance and avoid paying lnterestonnew tansactionsthatpcstwyoupurcnase balance.Seetlrefrontofyou shternent for admtional information. Hg I; re Interest Chem Determined? lnbrest Charges acaue from the dam of the transaction. dale the transaction is processed or the st day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid ‘n full. htetest accrued during a Birg Cycle posts m your account at the end of the Billing cycle and appears on your next sutement You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the previous month. Once you smrt accruing truest ararges. you generally must pay your New Balance in full two consecutive Billing Cycles before Inbrest Charges stop being posted to your Statement lamest Charges are added to the ccrrespcnmg segnent of youraccount. m m assess a Minimum Interest came? We may assess a rrr‘ninrurn Interest Charge of $0.50 for eadw Billing Cycle if youraccomt is subjectto an truest Charge. Hg g9 m Calculate die Interest Che_rgg? We use a method caled Average Daily Balance (rnclurg new transactions). 1. First. for each segment we take the beginning balance eadr day and add i1 new transactions and theperiodc InmrestChargecnthe previous day’s balance. Thenwe srbtractanypaymensandcreditsforthatsegmentascfthatday.TherasuItisthedaily balancefcreachsegnentHowever,ifycurprevicus§aternentbalancewaszeroora credtamcunt, new hansecticns which posttoycurpurchase segmentare not added to thedailybalance. 2.NMJcreadrsegnentweaddtedainbdamestogednranddMdemesunbyre numbercfdays‘lrtheBirgCycle. TheresuIt‘stheAverage DainBalanceforeach 509mm- 3. At the end of each Birg Cycle. we mtlt‘ply your Average Daily Balance for each segment by the daily periods ram (APR divided by 365) for that 599mm. and men we multiplythe resrltbythenunbercfdaysin the Billing Cyde. Weadd the harestararges for al segmena bgetlrer. The result is your total Interest Charge for the Billing Cyde. The Average Daily Balance is referred to as the Balance Subject to Interest Rate ‘lr the Inbrest Charge Calculation sech‘on of this Summent. NOTE: Due m rounding or a minimum Interest Charge, this calorlaticn may vary sighy from the Inbrest Charge ac’araiy assessed. Hg an my Variable APR change? YourAPRs may ircrease or decrease based on one of the following indices (reported in The Wall Street Journal ). The Ietbr code below correspondswith me IetternexttoyourAPRs indie hterestCharge Calulationsectioncf armament Code next to ‘ How do we calcrlate your When your APR(s) wll charge mr M31!) APRQ)? Index +mil P PrimeRab+marw1 ThetirstdayoflheBilfmgCYdesmat L 3 month LIBOR + new end i1 Jan, April, July. and Oct. D PrirneRate+marwr ThelirstdayofeachBiIIingCycle. F 1 mourn LIBOR + margin tfa Renewal Notice is printed on this stateroom. youmayavoid payinganannualmembership Feebycontacting Cusmmer Service nolater than45daysaMrthelastdayintheBillingCyclecweredbyth’ssmtementtorequest thatwedcseyouaccwMJcavoidpayingamcnrlymanbemhipFecdoseyux accorartandwewlstcpasuss‘ngyorarnonthlymernbershipFee. Changing Mailing Address? Youcmdrangeyorraddressbysigirglnbycuacmuncnheamiigorm Service. Pay oniine atwww.capitalonecom V L Pay using our mobile app 001 thatwedoseyouacccurt Hwdoycu ProcesgPM'rWhenyoumalteapaymentJouaudrorizeustc inih'ateanACl-icrebchcnicpaymentthatwibedebitedfrcmycurbanlramuntor ctherrelatedacccunt. Whenycuprcvideacheckorcheck'lrfcnnationtomakea paymem.ywaudiorizeustoweirfcrmamhommedrecklcmdteamedmeACHu citrerelectrorrictransferfromyoubarrlraccountWemayalscprocessitasachecit transactionFunds maybewithdrawnfromyourbarrlracccuntassocnasdresarneday weprocessyourpayment Harv do you Aggy My PM? We generallyapplypayrnents uptoyourMin‘lnrln Payment rst to the balance with the lowest APR Gncluding 0% APR). and ttwn to balanceswithhigher APRs.We apply anypartofyourpayrnentexceedingywrlnlrnrm Paymentto the balancewilhmehigrestAPR.andthenbbalanceswithlowerAPRs. Bllln RI hnSumma Doesnot toSmalB ' What To Do IIYou Think You Hnd AMleuIre On Your Shtement : Ifyouthinkthere is an error on your statement. write to us at Capital One P.O. Box 30285 Salt Lake City. UT 84130-0285. Inycurlener.giveusthefoliowing information: o Accountinforrnao'onzYou nameandacccunt nunber. o Dclar amount The doilaramcuntof the suspecmd error. o Descr'pticnofProbIentIfyouth'nkthereisanencronyourbi,dewbewhatyou beieveiswrongandwhyyoubelieveitisamismke.Ycurnustconhctuswithin60 daysanermeerrorappearedonycurstatement. Youmwnotifyusofanypobntial enorsinwring.Youmaycaluscrnofyuselectronimllymutifycudowearenot required m investigate any pobntial errors and you may have to pay the amount in quesb‘on.We willnotityyouin writing within 30 daysofourrewipt cfycurletter.Whiie weinvestigatewhetherorncttherehasbecnanerrthetoCowingaretrue: o We cannottryto colect the anmntin question. orrepcrtycuasdelinquentcn that amouri. The charge in quesb'crr may remair on yourshhment and we may conrue to chargeyou interestcnlhatamount. But. ifwedetennine Ihatwe madeamishke.you wincthavetopaytheamountinquesticnoranyinterestorctherfeesrelabdtothat amomt. o Whieyoudcnothavetopaylheamountinquestionuntilwesendyouanoh‘ceabout meomuneofourhvesdgam,youarerewmsibleformerunairderofywbdance. o Wecanapplyanyurpaidanrourtaga’arstyoucreditiniLWrthir90dayscfcur receiptofyouletter.wewisendycuawrittennoceemla‘ning eitherthatwe consoled the error (m appear on yournerd statement) crthe reasons we believe the bi isconecL YourRIghulthuAreDissatised With Your Purchase: Ityouare dissab‘sedwith thegccdscrarvicesthatyouhavepurdrasedwithyourcreditcerd.andyouhavetried ingcodfaithbcorrecttheproblemwithlhemerchanwcumayhavetherightnotbpay theremairr'ergamountdueonthepuchase.Tousethisright.lhefollowingmustbetrue: 1)Ycumusthaveusedyourcreditcardforthepurchase.Pu'chasesmadewithcash advancesfromanATMorwithacheclrthataccessesycucreditcerdaccountdonot walifymnd 2)Ycu mustnctyethave fully paidforthepurdrase. lfaIi ofthe crmna above are met and you are still dseased wiur the pudrase. conm usinwrirgat:CapitalOne.P.O.ch30285.SaItLdteCity,UT84130-0285. Whiewe investigate.tlresameruiesapplybthedisputedarnountasdiswssedabcve.Atterwe nishcrlinvesh‘gah’on.wewimlycuoudea'sion.Atratpcint.ifweiInkyouowean amcuntandycudonotpaywemayrepcrtyouasdeiinmrerrt 02020W0neapth|0neisafederyredsbredservicenwk ETC-08 01/01/20 mummwmaymwmmhsewrmt 1. attireBanlc‘ngbylogg'rgirtoyorlaccount 2. CapinneMobieBanldngappforapprovedeIectronicdevices; 3. Cairgmembphcnenunberiaedonmehomddisstatementandpmvirglhe remied payrnentinfonnah‘on: 4. SendingmailpaymenammeadaessonihehuncfthlssBternemmme payment coupon oryouraccourt information. o Formobiie.onireorovertheplrone.asotthebus‘aressdaywerecelvett,aslong asitismadebyap.m.ET. o FormalasofthebusinessdaywerewiveitaslongasitisreceivedbySpm. Iocalneatourprocessing wnter.You nurstwndrebottomporonofthb smternentandycudredrbthepaynentaddressmthehontofd'msmbnrent Pleasealicwatleastsevenmbusinassdaysformaidelvery. Maiiedpaymerm receivedbyusatanyotheriocecnorpaynansinanyotherfcrmmaynotbe crediedasofthedayweremivethern. Any written request on this form will not be honored. Tc manage your account. please refer to your billing shtement for cusbmer service options Page 2 of 4‘ h Plan M [C MAC MEMI I 0999Caplfa/Ione num a e a cou n2 nDec. 16, 2019 - Jan. 15, 2020 l 31 days in Billing Cycle Transactions 3°°°79 Visit to see detailed transactions. ’’ o assA N ABABSEH #0999: Payments. credits and Adjustments ap'ta/lonehm Description Alount ESSA N ABABSEH #0999: Transactions Dale Description Alount on Description Alount Total Fees for This Period $0.00 Interest Charge on Purchases $63.15 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $63.15 Total Fees charged $0.00 Total Interest charged $63.1 5 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type ot Annual Percentage Balance Subject Interest Clnrgo Balance MFR) to Interest Rate Purchases 24.40% P $3,047.18 $63.15 Cash Advances 26.40% P $0.00 $0.00 P,L,D.F = Variable Rate. See reverse of pue 1 for details. 201 146 Your account has charged off. It is now being serviced by the Recoveries department. Call 1-800-258-9319 if you have questions about this notice. -46 charged ff being ce h veri department. al - -2 -93 questions t oti .
