Complaint Limited Up to 10KCal. Super. - 6th Dist.March 18, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/1 8/2021 9:24 AM BRYANT BURNSTAD, SBN 297286 C'erk 9f court RESURGENCE LEGAL GROUP, PC Super'or Court 0f CA, 10805 Holder Street, Suite 167 County 0f Santa Clara Cypress, CA 90630 21 CV379054 (T) 877/440-0860 (F) 714/226-0024 Reviewed By: K. Himes EMAIL: CAAttorney@ResurgenceLegal.com Refer to File Number: TP101300 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN JUDICIAL DISTRICT DOWNTOWN COURTHOUSE VELOCITY INVESTMENTS LLC, ) CASE NO. 21 CV379054 ) Plaintiff, ) COMPLAINT FOR MONEY ) V. ) 1. Account Stated ) 2. Open Book Account ORLANA E MEJIA, ) 3. Indebtedness and DOES 1 through 15 inclusive, ) ) Limited Jurisdiction Defendant(s). ) [Demand Amount: $7,716.34] ) ) ) ) ) GENERAL ALLEGATIONS 1. At all times mentioned herein, Plaintiff VELOCITY INVESTMENTS LLC was, and now is a LIMITED LIABILITY COMPANY, duly organized and existing under and by Virtue of the state of its formation and at all times herein and is successor-in-interest ofONEMAIN FINANCIAL GROUP LLC DE, and is qualified to conduct business in the State 0f California. Plaintiff is a debt buyer and sole owner 0f account. 2. The true names and capacities 0fDefendant(s), DOES 1 through 15, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendant(s) by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every obligation hereinafter set forth. 3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this 1 COMPLAINT FOR MONEY “X93 Kan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint, was and at all times herein mentioned, and now is, the agent and employee 0f each 0f the other Defendant(s) herein, and was at all times acting within the course and scope 0f said agency and employment. 4. Plaintiff alleges that the Defendant(s), or some 0f them, reside in the above-cited Judicial District. The obligation sued upon is not commercial in nature and is not subj ect t0 the provisions of Civil Code, §2984.4, nor Civil Code, §1812. 10. 5. Defendant(s), and each of them, requested a line of credit (the "Account") from the original credit issuer. Thereafter, said request was accepted and credit was extended t0 Defendant(s). 6. Defendant(s) incurred this debt by defaulting 0n the Contract by failing t0 pay the agreed upon payments. A copy 0f the Contract is attached as Exhibit "A" and incorporated by reference to this complaint. 7. The charge-off creditor was ONEMAIN FINANCIAL GROUP LLC DE, and account number at time 0f charge-offwas ****7458. 8. The name(s) and last known address(es) 0f Defendant(s) as they appeared in the charge-off creditor's records prior t0 the sale of the debt, 0r for debt sold prior t0 January 1, 2014, the name and last known address of Defendant as they appeared in the debt owner's records 0n December 3 1 , 2013 was ORLANA E MEJIA, 2952 TRINITY RIVER CT, SAN JOSE CA 951 1 1. 2 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The names and addresses ofall persons or entities that purchased 0r were assigned the debt after charge-off are: Name Address VELOCITY INVESTMENTS LLC PO BOX 788, WALL, NJ 07719 Attached hereto collectively as Exhibit "B" are true and correct copies 0f said transfers and are incorporated herein by reference. 10. Plaintiff has complied With California Civil Code section 1788.52. 1 1. Defendant(s), and each 0fthem, defaulted 0n the account by failing to make payments since 0n or about October 2, 20 1 8, causing damages as set forth herein. The charge-off creditor duly performed or was excused from performing all terms and conditions 0fsaid Agreement 0n its part to be performed. 12. The balance at charge-offwas $7,7 1 6.34. The total amount ofinterest after charge-off was $.00. The total amount 0f fees after charge-off was $.00. The total amount of credits after charge-off was $0.00. 13. Demand has been made 0n Defendant(s), and each ofthem, for the payment of $7,7 1 6.34 due. FIRST CAUSE OF ACTION (Account Stated) 14. Plaintiff refers to Paragraphs 1 through 13, and by this reference incorporates the same herein as though fully set forth. 15. Within the last four years, an account was stated by and between the charge off creditor and Defendant(s), and each 0f them, wherein it stated that said Defendant(s), and each of them, were indebted to the charge off creditor in the sum 0f $7,7 1 6.34. Plaintiff is the current holder and assignee of the Account. SECOND CAUSE OF ACTION (Open Book Account) 16. Plaintiff refers to Paragraphs 1 through 15, and by this reference incorporates the same herein as though fully set forth. 17. Within the last four years, Defendant(s), and each 0f them, became indebted t0 the charge-off creditor 0n an open book account for $7,716.34 due. The open book account reflected all the credits 3 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and debits involved in the financial transaction(s) between charge-off creditor and Defendant(s) in the Account. Plaintiff is the current holder and assignee of the Account. THIRD CAUSE OF ACTION (Indebtedness) 18. Plaintiff refers to Paragraphs 1 through 17, inclusive 0f the First Cause of Action, and by this reference incorporates the same herein as though fully set forth. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them as follows: AS TO ALL CAUSES OF ACTION: ° For the sum of $7,716.34; ° For costs 0f suit incurred herein; and, ° For such other further relief as the Court may deem just and proper. DATED: March 12, 2021 RESURGENCF GAL GROUP, PC By: {BRYANT BURNSTAD, SBN 297286 Attorney for Plaintiff 4 COMPLAINT FOR MONEY File TP101300 EXHIBIT “A” {fiOneMain LOAN AGREEMENT AND DISCLOSURE STATEMENT Lending Made Personal DATE 06/07/18 ACCOUNT NUMBER -7458 ‘ TYPE OF LOAN (Alpha) 200 I DATE FINANCECHARGE BEGINSTOACCRUE 06/07/18 LENDERISECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("l","We") ONEMAIN FINANCIAL SERVICES, INC. RIVERHILL PLAZA ORLANA E MEJIA 1008 BLossou HILL RD STE G1 408-264-8488 2952 TRINITY RIVER CT SAN JOSE, CA 95123-6334 SAN JOSE, CA 95111 License No.- | have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal PrOperty Appraisal Form and GAP Waiver Addendum, all of which collectively constitute the "Agreement." This Loan Agreement and Disclo e Statement is divided into four sections: A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C. Arbitration Agreeme t d Waiver Of Jury Trial and D. Entire AgreementhoticeslSignature. |f| had any questions, | asked them before | signed these do men . By signing, | indicate my agreement to the statements, promises, terms, and conditions contained in theAgreement. A. TRUTH IN LENDING DISCLOSURES \ANNUAL FINANCE CHARGE AMOUNT FINANCE TOTAL OF PAYMENTS PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to he amount | will have paid after | have The cost of my credit as a yearly rate. cost me. or on my behalf. de all payments as scheduled. 36.00% $ 7862.06 5 7620.82 5 15482.88 My Payment schedule will be; Number of Payments Amount of Payments When PavmentAAre [sue 54 $ 286.72 monthly beginning 07/0M8 / LATE CHARGE: D Ifany payment is not paid in full within days after its due daté, | will be charged % of the but not more than S or less than S . E Ifany payment is not paid in full within 10 days after its due da '|| be charged S 10 - 00 if the entire scheduled p S 0 or S 10 - 00 ifthe entire scheduled payment is S PREPAYMENT: Ifl pay off early: D | may @ | will not ' g all or part of a loan's principal balance. D | may E |wi|| not get ' art of e finance charge for a prepayment in full. | will not SECURITY: | am giving Lender a security interest in: ® Unsecured D Other Collateral \ Make Model Vehicle Identification No. Vehicles See the remainder of this Agreement for any additional informatl ment, defa t, an required repayment in full before the scheduled date, and prepayment refunds and penalties, if any. ITEMIZATION 0F MQUNT FINANCED Amounts paid to others on my behalf ‘I. $ 120.82 Single Life Premi - RANGE COMPANY * 2. $NONE 3. $NONE‘. 4. $NONE 5. $NONE‘. 6. $NONE 7. $NONE 8. $NONE‘. 9. $NONE 10. $NONE 11. $ Paid To ‘12. $ Paid T0 * Lender may retain a ‘13. $ Paid T0 portion 0f these ‘14. $ Paid T0 amounts. 15. $ Paid To 16. $ Paid To 17. $ P ' o 18. $ Paid o 19. $ Paid o 20. $ o 21. $NONE Amount Paid on PriorAccount with Lender Amounts Pai 22. $ Paid To ORLANA ME A 23. $ Paid To 24. $ Paid To 25. $ Paid To 26. $ Paid To 27. $ Paid To $ AmountFinanced (Su ofli es ‘I -27) $ Prepaid Finance Cha es (' emized below) \ \ / ,éREPAID FINANCE CHARGES 1. $ 381. Points\--/ Paid To LENDER 2. $NONE Paid To 3. $NONE Paid To 4. $NONE Paid To 5. $NONE Paid To 6. $NONE Paid To 7. $NONE Paid To 8. $NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. By signing below, | acknowledge receipt of a copy of this Federal Disclosure Statement. E-SIGNed 06/07/2018 by IA r J Co-Borrower SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION ||||||||||||||| ||| || || || ||| |||||||| UXAA81 (09-10-17) C.E. Agreement Page1 B. LOAN TERMS AND CONDITIONS DATE OF LOAN. 06/07/ 18 (the date the Finance Charge is scheduled to begin to accrue). CONTRACT RATE. 33. 11% per year, which is the agreed interest rate. PROMISE TO PAY. For value received, | promise to pay to the order ofthe Lender all amounts due under this Agreement in accordance with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of this Agreement, | hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property identified in the "Security" disclosure ofthe TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is being purchased with the proceeds hereof; (b) any substitutions or replacements ofthat property; and (c) the proceeds and products ofthat property ((a), (b), and (c) collectively referred to as the "Collateral"). | also hereby grant L er a security interest in any unearned premiums from any credit insurance | have elected and purchased through Lender in connec on with this transaction and any Required Insurance which protects the Collateral. Lender's security interest shall remain in effect, nd s bject to any modifications, renewals, extensions, and future advances thereof, until | have paid in full all amounts due under this Agr ofthis Agreement, Lender is not granted, and will not have, a non-purchase money security inter tin h usehold goods, to the extent such a security interest would be prohibited by applicable law. | authorize Lender to sign and file fin Cing tatements covering the Collateral without my signature. | authorize Lender to file a copy ofthis Agreement as a financing statement JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we e joi tly and severally liable and that default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If | am signing this Agreement as a Co-Maker, | unde responsible with the Borrower(s). | agree that Lender may pursue me or any Co-Maker ifthis Agreement is in default. nle s required by law, Lender will not notify me if: (a) this loan is in default; (b) Lender ag o accept different payment terms; (C) security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s contained in my credit report in order to determine whether | ‘ er pruucts and services marketed by Lender. This authorization terminates when my outstanding balance due unde ' ' ' by writing the following: OneMain, PO. Box 70911, Charlotte, . In or er to process my request Lender must be provided my full name, address, and account number. - at | voluntarily select. Lender and/or its affiliates expect to profit from my purchase of voluntary credit insur ‘ REQUIRED INSURANCE. | am required to maintain insura . (”Required Insurance”). The Required Insurance must keep the s ateral insure against hazards for which Lender requires insurance Such coverage Includes but Is not limited to loss by theft vandalism and any other risks of loss that would either impair Lenders Interest In the Collateral or adversely affect the value of the Col - the option of prowdlng the Requnred Insurance through an exnstlng policy of Insurance owned or - n e or through . aollcy obt ed and paid for by me | may purchase this Requwed Insurance through any Insurer, msur .ole to Lender Lender may not decline to accept any Insurance prowded by me unle '. - cause Include but are not limited to the financial condition ofthe insurer and the . a My choice of vurer will not otherwise affect Lender’s credit decision or my credit terms. The types amo , ' . nder requires under this Agreement may Change during the term of the Agreement Requnred Ins ranc oayable prOVISIon (b) name Lender Its successors and/or aSSIQns as loss payee ( ) provnde th Insurance WIII not be cancele or mdified wuthout at least ffteen (15) days prior wntten notice to the loss payee and (d) not Includ any disclaimer ofthe Insurer's liablllt for f.'|ure to glve such notlce | shall promptly give to Lender satisfactory proof(m Lenders reaso able and all receipts of paid premlums and renewal notices | agree to keep my Required Insura ce in force until all amounts that | owe L nder this Agreement or the security instrument are paid in full, my account is terminated, a d Le der releases or discharges its sec ' ' . In case of damage to or loss ofthe Collateral, | agree to give prompt notlce to Lend ooromtly notify or make proof of loss to the Insurance carrier Lender may (but is not reqwred to) do |f| do not keep Required Insurance un ' ' ' der may, but is not required to, in Lender’s sole discretion, and at my expense, obtain insurance co ' ' ' - Collateral. | understand and agree that: A. Lender is under no obligation to obtain B. Lender-obtalnedl C. Lender-obtaln D. the cost of p n ained insurance may be much morethan the cost of Insurance | could have obtalned on my own E. any amo bursed by Lender under thus Section to obtain insurance shall become addltlonal debt of mlne under thus Agreement secured This addltlonal debt WIII bear Interest at the Contract Rate from the date of placem st u on notlce from Lender to me requesting payment F | am h In from third parties any Information necessary to monitor the status of Reqwred Insura ce G Lende obta ned Insurance may be purchased f om a affliate of Lender. H Lende or Its mng hls Insurance to the extent permltted by applicable law | Lender ' J Lender ha a secu insurance and app - u the unearne remiums to reduce the account balance upon cancellation of said insurance ASSIGNMENT 0F UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, | hereby absolutely assign to Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security instrument. | agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, to reduce the amounts that | owe under this Agreement or the security instrument, whether or not they are due. | authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that | owe Lender under this Agreement or the security instrument, | remain responsible for payment ofthe balance of any amounts due under this Agreement and the security instrument. CORRECTION; RELEASE. During the term ofthis Agreement, | agree to cooperate with Lender to: (a) correct any Clerical errors that were made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens upon payment in full. HII‘I"mlwlflllAulBllflwlLlly-lw-w) C.E. Agreement PageZ Initials ‘ ) M SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to by Lender. SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, the fact that any provision ofthis Agreement may prove invalid or unenforceable under any law, rule, or regulation of any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions ofthis Agreement. NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent of Lender. DEFAULT. Except as prohibited by law or as limited by other provisions ofthis Agreement, | wil e in default ofthis Agreement if any one or more ofthe following occurs: A. | fail to make any payment, including, but not limited to the Total Amount Due, underthi Agre mentwhen due. B | fail to do anything else | have agreed to do in this Agreement. C. Any statement or representation | made in my credit application is untrue or incorrect. D | fail to provide Lender with proof of residence or Required Insurance within three (3) busines day after Lender's written request for this information. E. | die, become incompetent, generally fail to pay my debts as they become due, or become the ubje of a voluntary or involuntary bankruptcy proceeding. F. Anyjudgment, levy, attachment, writ of garnishment, or other similar or G. Any police or governmental agency seizes or impounds the Collateral ' lateral. H. If | relocate to another state without giving written notice at least 30 days before relocating. |. | sell, lease or otherwise encumber or dispose ofthe Collateral without Lender's written permission. (For Kansas reSIdents only Lender believes the foregoing events would Significantly Impalr the prOSpect of payment performance or realization of collateral The burden of establishing t - prospect of such gnlflcant Impairment Is on the Lender) GENERAL REMEDIES If | am In default of thus Agreement Le qunrements of notice or right to cure or sumllar provnsnons all ofthe remedies permitted by law and this Agreem A. Lender may require me to pay Lender immediately, ' -. ' by law, the remaining unpaid balance of the Amount Financed finance charges and all other agred c . || accrue Interest from the date | am requnred to B Lender may pay taxes assessments or other Ile , or m . al If | have not done so but Lender Is not requnred to do so. Upon payment by Lender, these amou ' ' ' ' ely .. d will accrue finance charges at the Contract Rate from the date paid until repaid in full to Lender. C. Lender may require me to make the Collateral available to .- e Lender designates that is reasonably convenient to Lender and me. E. Except when prohibited by law, | a owe Lender, and Lender may sue Iagreethat subje to my ' into possession ed above. recover such prOperty, may take possession of personal prOperty left in or on the Collateral taken DELAY IN EN OR MENT. Lender may delay enfo ' g any of its rights under this Agreement without losing them. NOTICES. ' reqired by law, Lender will provide e h notices under this Agreement which, if mailed, shall be sent to my last known address as reflec ed in Lender's records, including, b t no limited to, notices of default, right to cure, and purchase of Required Insurance. WAIVER. nles law or this Agreement provide ot erwie, | hereby waive presentment, notice and protest, and all other demands and notices in nne ion with the delivery, acceptance, perfrmance, default or endorsement of this Agreement and all suretyship defenses generallyto . e e nt permitted by applicable law. SAVINGS C A USE. al agreements between m and ender are expressly limited so that any interest, finance charges, loan charges, or other fees colle ed or t e collected from - or a person executing this Agreement shall not exceed, in the aggregate, the highest amount allowed b applicab - ~ . If a | v at aolies to this Agreement and my loan is finally interpreted so that the interest, finance charges, loan charge , or other fees collected, or o be collected, in connection with this loan exceed the permitted limits, then: (a) any such interest, finance charges, e . charges, or o » r fees shall be reduced to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits wn r '- unded. Lender may choose to make this refund by reducing the remaining unpaid balance that | owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall constitute a waiver of any right of action | might have arising out of such overcharge. The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract, or business arrangement: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. |||||||||||||||||||||||||||||||||||||||| A05 1 (0408-18) c.E. Agreement Page 3 Initials Dw-Mw- - Account Number_j_4_5_8_ SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION INTEREST BEARING LOAN. | agree to pay to the order of Lender, Principal, plus interest (”finance charges") on the daily unpaid Principal balance computed at the Contract Rate, in the Payment amounts shown in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender’s address set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in the following orderto: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; (b) any past due Payment(s); and (c) any currently due Payments. When applying payments to past and currently due Payments, monies will be applied on a payment by payment basis, in ascending date order, first to accrued interest, then to unpaid Principal. Because interest on my loan is earned daily, early payments will decrease the amount | owe, and late payments will increase that amount. The Payment Schedule assumes that | will make each payment on the day it is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by the Lender. If any unpaid amounts remain dueto Lender after my final scheduled payment due date, | agree to pay interest on these npaid amounts, computed atthe Contract Rate, until paid in full, tothe extent permitted by applicable law. PRINCIPAL. Principal is the total ofthe Amount Financed, plus any Prepaid Finance Charges PREPAYMENT. | may prepay all or any part of my loan at any time. The Prepaid Finance Ch ges re deemed by the parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. this oan is for less than $2,500 and is prepaid in full before the third scheduled payment due date, interest shall be recomputed as require by 'nancial Code § 22308. For loans up to $2,500, daily finance charges shall be computed as allowed by Financial Code § 22308. LATE CHARGE. | agreeto pay any late Charge described in the TRUTH IN LENDING DISCLOSURES erein. DISHONORED CHECK CHARGE. If my check or other instrument given to ' ' reason, | agree to pay a dishonored check Charge of $1 5 , QQ. PAYOFF DEMAND STATEMENTS AND BENEFICIARY STATEMENTS. beneficiary statements allowed by Civil Code § 2943. | agree to pay the fees for payo DEFAULT COSTS. In the event of default, for loans with an original Prin ‘ 00 or more, | agree to pay Lender's (a) court costs, (b) shall be available to satisfy any judgment obtained on this PURPOSE 0F LOAN. This loan is primarily made for sonal, fa ' Id p rposes. an. Disclosures required by Civil Code, § 1785.26: As required law, you\asé no ' ied that Lender will submit a negative credit report reflecting on your credit record to credit reporting agencies, if you fan meet the rms ofthis loan. Disclosures required by Finance Code, § 22337. "If Involuntary Unemployment Insurance is term ofthe coverage, the conditions of co If checked, no person has perfor ed se D Ifchecked, holding a license identified as surance Certificate of Insurance for the coverage." Ices as a broker in nnectio with this loan. ConsumerFinance LenderLi ense o. §Q51272 Real Estate Broker License No. has performed services as a brok r in connection with this loan and t e fol owing fees have been paid or are payable to the broker for services in connec 'on WI h this loan. Fees paid or p yable by me $ Fees pa' or yable by Lender $ Borrower Signature \ We /60-By(ower Signature DateV Is Agree ent shall be g med by federal | and the California Finance Lenders Law, Division 9 (commencing with Section 22000 of the Fi . ne Code and the rules ‘ under. The provisions of California Code of Civil Procedure § 1283.05 GOVERNING LAW. regarding the rig to di very shall apply to any arbitration proceedings hereunder. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION CAAD21 (01-15-17) CE. Agreement P3994 Initials (1 M C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and diSputes between parties without having to file a lawsuit in court. It is a process in which both sides present their case to a neutral third person--the arbitrator-instead of a judge orjury, to resolve the dispute. UNDER THIS AGREEMENT, BOTH LENDER AND I ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL ("this Arbitration Agreement") TO THE FULLEST EXTENT PERMITTED BY LAW. CLAIMS AND DISPUTES COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED BY ARBITRATION," Lender and | agree that either party may elect to resolve all claims and disputes between us ("Covered Claims") by BINDING ARBITRATION. This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to: This Agreement with Lender; any previous retail credit agreement ("Retail Contract") assigned to Lender and any previous loan from or assigned to Lender, whether any ofthe foregoing may be open-end or closed-end; all docu nts, promotions, advertising, actions, or omissions relating to this or any previous loan or Retail Contract made by or assigned to nder; any insurance product, service contract, membership plan or warranty purchased in connection with this or any previ. s Ian or Retail Contract made by or assigned to Lender; any product or service offered to Lender's customers with any assistan e or volvement by Lender; whether the claim or dispute must be arbitrated; the validity and enforceability of this Arbitration Agr--men (except as expressly set forth in subsection G. below) and the Agreement, my understanding of them, or any defenses as 'o the alidity and enforceability of this Arbitration Agreement and the Agreement; any negotiations between Lender and me; .. e c sing, servicing, collecting, or enforcement of any transaction covered by this Arbitration Agreement; any allegation of fraud o misrpresentation; any claim based on or arising under any federal, state, or local law, statute, regulation, ordinance, or rule; any clai - basd on state orfederal prOperty laws; any claim based on the improper disclosure of any information protected under state or f-oeral . onsumer privacy laws; any claim or dispute based on any alleged tort (wrong), including intentional torts; any claim for da . or attorneys’ fees; and any claim for injunctive declaratory or equitable relief. this or any previous transactions between me and Lender; any third parties t '.t assigned Retail Contracts or other .oreements to Lender; any third party that provides me any product or service which | purchased -- ' x ' and any of the employees officers agents or directors of such affiliates or third parties. Affiliate corporations are Lender's par- ~ ‘ c s subsidiary corporations and sister corporations. Some of Lender's affiliates are OneMain Consumer Loan Inc. iLoan One‘r 'n Hom Equity, |nc., OneMain Financial Services Inc. Merit Life Insurance Co. and Yosemite Insurance Company. In addition, if Lender be s- : e a party in any lawsuitthat | have with any third party, whether through intervention by L_en . motion made by me or anythird party, . | claims in that lawsuit between me and the third party will be subject to binding arbitr on under thl rbitration Agreement, provided that the third party is required to agree to resolve such claims by arbitration. MATTERS N_OT_ COVERED BY ARBITRATION. | agree that Le e_r do s not ha - to ini :ate arbitration before exercising lawful seIf-help or damages | may have ansnng out of relating to or In conne e of those remedies must be arbutrated Instead of pursunng arbitration either Lender or | also have the optlon to oonn see to recoverthe monetaryjunsdlctlonal Ilmlt of a small claims or equivalent court in my state (including Costs .' d attorneys’ fees) prov'ed that no relief other than such recovery is requested in such lawsuit (an "Excluded Damages Lawsu' '). .. suit is filed the other party cannot require that the claims in that lawsuit be arbitrated An Excluded Da ght o recover money for myself or Lender only, not for any class or group of persons having similar claims. If s an Exc ued Damags La suit is filed by me or Lender and any party to that lawsuit files an amendment, _counterclaim, cross-claim, o . im sekin. to recover more than my state’s small glaims or filed in court an Excluded Damages Lawsuit. ARBITRATION RULES AND PROCEDURES. A. ARBITRATION FORUM AND RULES. ucted under t - ru|e_s .- d procedures of the American Arbitration Association ("AAA") in effect at the time .I'o is Arbitration Agreement. At my request Lender will provide me a copy of the I - - ' . ' a copy of thpse Rules by calling AAA at deemed not appropriate by a court to r-_so|v a Covered Claim or I obje AAA for good cause then Lender and | agree to submit all disputes to Judicial Arbitration and ' , Inc. ("JAMS") ' ' Arbitration Rules. Ifthere is a confli govern. If both of the designated . ' . ' ' inistr the arbitration and the Lender and | cannot reach an B. SELECTION OF ARBITRATOR. AAA or JAMS) maintains lists of ap a arbitrators. AAA (or JAMS) will provide Lender and me each a list of seven possible arbitrator . ' yto strike three persons from that list. | will makethe first strike, and Lender and | will alternate in . ike, the remaining person shall then serve as arbitrator. C. STARTING ARBITRATION. ' e ered V aim, the electing party must notify the other party in writing. This notice can be given aft " ' - ' ' ' ' ' my notice must be se Lender. Except as v -' s Agreement, unless | have received notice of a new address for ent sh_a|| limit the arbitrator's ability to enforce any of my rights or Impose any reme es ava . me under any applncab e consumer protection laws or regulations To start an arbitration Lender and | agreeto followt - rule D COSTS O AR- arges certain fees In connection with arbitration proceedings Except In Texas | may have to bear ome ot ale to pay such fees orthlnk they are too high Lender wnll consnder any reasonable and shall be base upon and be consistent with th I of the jurisdiction that applies to the loan or other agreement between Lender and me. _The arb_| ator ' ' ' . ecting the attorney-client privilege, the attorney work product doctrine, or any other he decision and judgment of the arbitrator shall be final, binding and enforceable in e dispute; however,_ for Covered Claims resulting in an award of $100,000 or more incorrectly decided. The decisio - panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings, decision and award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as well as on the grounds that the findings, decision and award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules. G. LIMITATION OF PROCEEDINGS. Lender and | further agree that the arbitrator will be restricted to resolving only the claims, disputes or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands of other persons. | agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any Covered Claim. To the extent that this class action waiver provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The determination of the validity ofthe enforceability ofthis class action waiver is to be made by the court and not the arbitrator. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION IIIIIImuIIIIIIIIIIIIIIIIIIIIJMIWCEAgreement -O-.-M~- - Accou nt Number -j_4_5_8_ H. LIMITATION OF ARBITRATOR'S AUTHORITY. The arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award. The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to the arbitration proceeding. I. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where | live unless Lender and | agree to another location. If Lender and | agree, all or a portion of the arbitration proceedings can be conducted by telephone conference. J. FORUM SELECTION CLAUSE. If either Lender or | need to file a lawsuit to enforce this Ar ' r tion Agreement 0r to pursue Claims that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue f0 tha suit will be a state court located in the county in which Lender‘s address set forth above is located or where | sign this Arbitration Ag eme t, or in the federal court covering that county, unless the governing law requires suit to be filed in another location. K. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lende or m from enforcing all rights under this Arbitration Agreement if a Covered Claim is filed in court. OTHER IMPORTANT AGREEMENTS. Lender and | agree: A. This Arbitration Agreement does not affect any applicable statute of fimftations or repose or any cl ims fprivilege recognized at law in the jurisdiction that applies to the loan, the Agreement or any other agreement between Lender and apply, B. The loan and insurance transactions between Lender and me and other appli ' ' ' lving interstate commerce. using funds and other resources from outside the state. this Arbitration Agreement. D. This Arbitration Agreement applies to and runs to the benefit of Lender's and my assigns, successors, representatives. E. If any term of this Arbitration Agreement, other than the Class action waiver described in subsection G. above, is remaining terms are severable and enforceable to the fullest extent permi F. This Arbitration Agreement supersedes any prior arbitration agree in writing signed by the parties discharged or modified in bankruptcy. IAGREE TO READ THIS ARBITRATION AGREEMENT CAR UL , BECAUSE IT L MIT CERTAIN OF MY RIGHTS, TO THE EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRIN A C URT ACTION, TO AV A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION 0R CLASS ARBITRATION. BY S NI THIS AGREEME T, l ACKNOWLEDGE THAT I HAVE READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEME AGREE TO BE B UN BY ALL OF ITS TERMS. UXARB1 (07 15 12) D. ENTIREAG MENTI TIC IS ENTIRE AGREEMENT. This Agreement contains the entire agree t ofthe parti s with regard to the subject matter hereof, and no party hereto has relied upon any representations except such as are speci ' lly set f0 herein. This Agreement cannot be modified in any respect except by an amendment in writing signed by the parties. All notl ' Agreement shall be in writing and directed to the parties at the addresses shown at the beginning oft ' eement or to su ss as a party may specify by notice given in accordance with this paragraph. BY SIGNING BELOW, | SIGNIFY THA ERSTOOD,\AN6 AGREED T0 THE TERMS AND CONDITIONS OF THIS AGREE OTHER THINGS, THAT EITH L DER OR I MAY R UIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING AR T ION. IF LENDER OR I EC T0 USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WAI D UR RIGHTS TO TRIAL B Y OR JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABL LA , THAT THE DISPUTE WILL E D CIDED BY AN ARBITRATOR, AND THAT THE DECISION OF THE ARBITR TO WILL BE FINAL. ARBITRA ION WILL BE CONDUCTED PURSUANT T0 THE RULES OF THE AMERICA A BITRATION ASSOCIATION, EX EPT AS OTHERWISE PROVIDED IN THE ARBITRATION AGREEMENT. UXARBZ (07-1512) NATURE | agreethat, on or before the date on p e1 he of ofthe documents comprising this Agree ent, Ca' Notice and agree to be bound thereby. Consent to be Contgmephone. | e essly consent and ree that Lender may contact me at any telephone number that | provide Lender no r in the futu e, including a numb rphone or other wireless device and a number that | later convert to a cellular phone or ther ' ess device. | understand that this consent means that | agree to receive voice calls using automatic telephone dialing system , prer orded or artificial voice messages and text messages by or on behalf of Lender for transactional purposes, such as the collection nd s icing of my loan account with (”the Date of Agreeme t"), | mia Insurance Noti ' ave received and read a fully completed, legible copy of all plicable), Credit Score Notice (if applicable) and the Privacy x N/A x E-SIGNed 06/07/2018 by L'sl . UKLANA MEULA Witness Borrower ORLANA E MEJIA x N/A x LS. Witness Co-Borrower x L_S. x LS. Co-Maker Co-Maker Print Name: Print Name: FOR INFORMATION, CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. |\Illlll||||\|||\||||||||||||||\\IIHIII CAAF31 (10-08-17) C.E. Agreement Page 6 File TP101300 EXHIBIT “B” EXHIBIT 2 BILL 0F SALEAND ASSIGNMENT THIS BILL 0F SALE AND ASSIGNMENT dated as ofJune 13, 2019 between ONEMAIN FINANCLAL GROUP, LIE, a Delaware limited liability company, ONEMAIN FINANCIAL (HI), INC. a Hawaii corporation, ONEMAIN FINANCIAL, INC., (WV), aWat Virg'nia emporafion, ONEMAN FNANCIAL OF MINNESOTA, INC., a Minnesota corporation on behalfofthemselves and as attorney in fact for ONEMAIN FINANCIAL ISSUANCETRUST 20 15-1, a Delaware mmwry trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2015-2, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 20 l 5-3, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2016-1, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2016-2, a Delaware statutory trust; andONEMAIN FNANCIAL ISSUANCE TRUST 201 6-3, a Delaware statutory trust; ONEMAIN FINANCIALISSUANCE TRUST 2017-1, a Delaware statutory trust; ONMAIN DIRECT AU'ID RECEIVABLETRUST 2017-2, a Delaware statutory trust"; ONEMAIN FINANCIAL ISSUANCE TRUST 2018-1, a Delaware statutory u-ust; ONEMAIN FINANCIAL ISSUANCE TRUST 201 8-2, a Delawate statutory Irust; ONEMAIN DIRECTAUTO RECEIVALBES TRUST 20184, a Delaware statutory trust; andONEMAIN FINACIAL ISSUANCETRUST 2019-1, a Delaware statutory trust (“OneMain”) with officw located at 100 International Drive, Balfimore, MD 21202 and Velocity Invashnents, LLC with its headquarters/pfincipal place ofbusiness atNew Jersey ("Buyer”). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated April 3, 2019, between Buyer and (the "Agreement"), OneMain does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyel’s successors and assigns, the Accounts described in Exhibit I to the Agreement and the Final Electronic File. [Batme afrage IntentionallyLefiBlank] IN WITNESS WHEREOF, the partiw have executed this Ayeement by their duly authorized ofiicers as of the date first written above SELLERS: ONEMAIN FINANCIAL GROUP, LLC, a Delaware limited liability company, ONMAIN FINANCIAL (HI), 1NC.. a Hawaii corporation, ONEMAIN FINANCIAL, INC., (WV), a West Virginia corporation, ONEMAJN FINANCIAL 0F MINNESOTA, INC., a Minnesota corporation on behalf of themselves and as attorney in fact forONEMAIN FINANCIAL ISSUANCE TRUST 2015-1, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCETRUST 2015-2, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCETRUST 2015-3, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2016-1, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2016-2, a Delaware statutory trust; and ONEMAJN FINANCIAL ISSUANCE TRUST 2016-3, a Delaware statutory trust; ONEMAIN FINANCIAL ISSUANCE TRUST 2017-1, aDelawaxe statutorytmst; ONMAIN DIRECT AUTO RECEIVABLE TRUST 2017-2. a Delaware statutory trust; ONEMAJN FINANCIAL ISSUANCE TRUST 2018-1, a Delaware statutory trust; ONEMAJN FINANCIAL ISSUANCETRUST 201 8-2, a Delaware statutory u'ust; ONEMAIN DIRECTAUTO RECEIVALBES TRUST-2018-l , a Delawai‘e stamtory trust; and ONEMAIN FINACIAL ISSUANCE TRUST 201 9-1, a Delaware statutory trust. ONEMAIN FINANCIAL GROUP, LDC, a ONEMAIN FINANCIAL (HI), INC. a Hawaii Delaware limited liability company corporation ‘ “aim WtBy: 4/ l} By: Name: J. Scott Bailer Name: J. Scott Bailer Title: Vice President, Sr. Managing Director Title: Vice President, Sr. Managing Director ONEMAIN FDIANCIAL, DIG, (WV), aWm ONEMAJNFINANQAL OF MINNESOTA, Virginia col‘po tiW INC., aWW By: BY. Name: J. Scott Bailer Name: J. Scott Bailer Title: Vice President, Sr. Managing Director Title: Vice Prmident, Sr. Managing Director BUYER: VELOCITY INVESTIVENTS, LIE ANewJersey"- V ‘ By: ‘ ‘. Name:Q5 Ma A 4flan; Title: Prpg 90km}. [Signature Page toBM ofSale andAssignment]
