DeclarationCal. Super. - 6th Dist.April 1, 2021John P. Kenosian, Bar ¹80261 Law Offices of Kenosian 8 Miele, LLP 8581 Santa Monica Blvd., ¹17 Los Angeles, CA 90069 Tel: (888) 566-7644 4 Attorney for plaintiff, DEBT MANAGEMENT PARTNERS, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SAN JOSE LIMITED CIVIL 12 13 14 15 16 DEBT MANAGEMENT PARTNERS, LLC,A Limited Liability Company Plaintiff, vs. TOMMY NGUYEN aka TOMMY HUNG NGUYEN and DOES 1 to 5, inclusive, Defendant(s) Case No.: 21CV379453 DECLARATION IN SUPPORT OF JUDGMENT CIV. CODE 51788.50 17 I, Mare Robert, declare: 1. I am the Authorized Agent for DEBT MANAGEMENT PARTNERS, LLC . I am involved in management and operations of DEBT MANAGEMENT PARTNERS, LLC and my responsibilities include the management, control and custody of DEBT MANAGEMENT PARTNERS, LLC records. It is the practice and procedure of DEBT MANAGEMENT 23 PARTNERS, LLC 's employees or agents with personal knowledge of an act, event or transaction to make a record thereof at or near the time such act, event or transaction actually occurs. These records are made and compiled in the regular DECLOAN DECLARATION IN SUPPORT OF JUDGMENT CIV. CODE 51788.50 Page 1 of4 Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/16/2021 2:08 PM Reviewed By: A. Villanueva Case #21CV379453 Envelope: 7882265 21CV379453 Santa Clara - Civil A. Villanueva 10 12 13 14 16 17 18 19 20 21 22 23 24 25 course of DEBT MANAGEMENT PARTNERS, LLC 's business. I am familiar with how DEBT MANAGEMENT PARTNERS, LLC 's business records are prepared, maintained, accessed and retained and am required to rely upon and deal with the information contained in the records. I have found the records and information to be trustworthy and reliable. Each record attached to this declaration is an exact copy of the original record stored in computer storage, copied or duplicated onto microfiche or microfilm. I have possession and/or access to DEBT MANAGEMENT PARTNERS, LLC 's records including the records relating to TOMMY NGUYEN (hereinafter "Defendant" ). Based upon my personal knowledge and/or from my examination of the records of my institution relating to the Defendant, I have personal knowledge of the facts set forth herein. If called as a witness I would under oath competently testify as to the facts stated herein. Based upon the foregoing and my review of the records relating to the Defendant in this matter, I am informed and believe and thereupon make the foregoing representations. 2. On 01-05-18, Defendant entered into a written agreement with LOANME, INC for the issuance of a loan. By the terms of the agreement, LOANME, INC loaned to Defendant, a sum of money under loan now bearing account number ending XXXX631 (the "Account" ). Defendan promised to pay LOANME, INC all sums loaned with interest, fees and charges. A true and correct copy of the LOANME, INC Promissory Note and Disclosure Statement is attached as Exhibit A and incorporated by reference. 3. Subsequently, the Defendant defaulted by failing to pay the minimum monthly payments that were due. 4. Prior to filing this lawsuit, DEBT MANAGEMENT PARTNERS, LLC acquired sole ownership of the debt at issue, or has authority to assert the rights of all owners of the debt. 5. The Account, which is the basis of the complaint, is a consumer debt that was sold or resold after January 1, 2014. !3ECLOAN DECLARATION IN SUPPORT OF JUDGMENT CIV. CODE 51788.50 Page 2 of 4 10 12 13 14 15 16 17 18 19 20 6. The debt balance at charge-off was $ 10137.89. The balance of post-charge-off interest is $2444.20 as of the date of this declaration. The amount of post charge-off fees is $0.00. 7. The date of the last payment was on 01-03-19. 8. The name and an address of the charge-off creditor at the time of charge-off was LOANME, INC. 1900 S. STATE COLLEGE BLVD., STE. 300 ANAHEIM, CA 92806. The last four digits of the charge-off creditor's account number associated with the debt at the time of charge-off was XXXX631. 9. The name and the last known address of the Defendant as appearing in the charge-off creditor's records prior to the sale of the debt was TOMMY NGUYEN, 3395 SHADOW LEAF D SAN JOSE, CA 95132. 10. The name and address of all post charge-off purchasers of the debt are as follows: DEBT MANAGEMENT PARTNERS, LLC 6400 SHERI DON DRIVE ¹100 WILLIAMSVILLE,NY 14221 11. Attached as Exhibit B and incorporated is a true and correct copy of the Bill of Sale between LOANME, INC and DEBT MANAGEMENT PARTNERS, LLC. 12. DEBT MANAGEMENT PARTNERS, LLC and LOANME, INC have done everything required of each to be done and each performed all their obligations to Defendant, except those obligations the DEBT MANAGEMENT PARTNERS, LLC and LOANME, INC were prevented from doing or excused from doing. 21 22 23 24 25 DECLOAN DECLARATION IN SUPPORT OF JUDGMENT CIV. CODE 51788.50 Page 3 of 4 13. Although demand has been made, the amount prayed for is due, owing and unpaid from 3 Defendant. 14. The Defendant was served with a copy of the summons and complaint in this action but 5 failed to answer or otherwise plead. 15. At the time of the filing of the complaint, the applicable statute of limitations on the debt 7 had not expired. 16. Pursuant to LOANME, INC Promissory Note and Disclosure Statement, DEBT 9 MANAGEMENT PARTNERS, LLC seeks relief according to the prayer of its complaint. 10 I declare under the penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. Executed, within the State of California, as of October 27, 2021. 14 15 By: 17 Mare Robert, Authorized Agent, declarant 18 19 20 21 22 23 24 25 DECLOAN DECLARATION IN SUPPORT OF JUDGMENT CIV. CODE 51788.50 Page 4 of 4 EXHIBIT A LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT Loan No.: 631 Date of Note: Expected Funding Date: January 05, 2018 January 05, 2018 Lender: LoanMe, Inc. Address: 1900 S. State College Boulevard Suite 300 Anaheim, CA 92806 Borrower: Address: TOMMY NGUYEN 3395 SHADOW LEAF DR SAN JOSE, CA 95132 In this Promissory Note and Disclosure Statement (" Note" ), the words "you" and "your" mean the person signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent holder of this Note. TRUTH IN LENDING ACT DISCLOSURE STATEMENT ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate 75 84 o/o FINANCE CHARGE The dollar amount the credit will cost you $45,508.62 AMOUNT FINANCED The amount of credit provided to you $10,350.00 TOTAL OF PAYMENTS The amount you will have paid after all payments are made as scheduled $55,858.62 PAYMENT SCHEDULE One payment of $ 588.30 on February 01, 2018. 84 monthly payments of $657.98 beginning on March 01, 2018. Late Charge: If a payment is 15 days late, you will be charged $ 15.00. Prepayment: If you pay off this loan early, you will not have to pay any penalty. Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the scheduled date. ITEMIZATION OF AMOUNT FINANCED Amount Financed: Amount Paid to Borrower Directly: $ 10,350. 00 $ 10,350.00 Prepaid Finance Charge/Origination Fee: $250.00 PROMISSORY NOTE AND ARBITRATION AGREEMENT This Note, including any and all signatures hereto, is in original format an electronic document created in accordance with the Electronic Signatures in Global and National Commerce Act (E- SIGN) and other applicable laws and regulations, and that the one, true original Note is retained electronically by us. All other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only. FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $10,600.00, together with interest calculated at 74.00 ~/o (" Note Rate" ) and any outstanding charges or late fees, until the full amount of this Note is paid. Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by dividing the annual Note Rate disclosed above by 360, multiplying that number by the outstanding principal balance, and multiplying that number by the number of days the principal balance is outstanding, assuming that each full month is comprised of 30 days. Your payments will be applied as of the date received, first to accrued interest, then to the principal payment that is due, then to any outstanding charges or late fees, and finally to any remaining principal not yet due. The payment schedule disclosed above is only an estimate and may change in the event you do not make all payments as scheduled. If a payment is not sufficient to pay interest then due, the unpaid interest will be billed again with the new principal and interest on the next scheduled payment. A principal-only payment is known as a "Prepayment." We will not treat a payment as a Prepayment unless you previously made all monthly payments of principal and interest and fully paid and satisfied all other obligations under this Note. If you meet these conditions, you may make a full or partial Prepayment. We will apply any partial Prepayment you make to reduce the principal due on the Note as of the date we receive the Prepayment. You may make a full Prepayment or partial Prepayment at any time without penalty. A partial Prepayment will not change the due dates or amounts of your monthly payments, but may reduce the number of payments and the amount of your final payment. We do not intend to charge or collect any interest, charge, or fee that is more than the law allows. If we charge or collect any amount over what the law allows, we will apply the excess first to the unpaid scheduled monthly payments, and we will refund any excess if you have paid in full all amounts you owe under this Note. Any amount applied to unpaid scheduled monthly payments will be treated as a partial prepayment. THE MATURITY DATE (IF NOT PREPAID) OF THIS LOAN IS: February 01, 2025. You will be subject to a fee of $ 15 if any payment you make is returned for non-sufficient funds. If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace period, to declare this Note to be immediately due and payable. For loans above $ 10,000, if you file for an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the United States Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable. For loans in excess of $5,000, in the event that we are required to employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other action required to collect the amounts due hereunder to the extent permitted by law. You agree that all payments made more than (15) days of the due date shall be subject to a late fee of $ 15.00. The loan fee included in the prepaid finance charge/loan fee disclosed above is fully earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and is not considered interest. This loan is unsecured and therefore not secured by any of your collateral. We may delay or forgo enforcing any of its rights or remedies under this Note without losing them. You hereby, to the extent allowed by law, waive any applicable presentment, demand for payment, or protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. This Note shall take effect as a sealed instrument. This Note will be governed by the laws of the State of California except to the extent governed by federal law applicable to interstate commerce, including, without limitation, the Federal Arbitration Act, 9 U.S.C. AQAQ 1-6 ("FAA"). You understand that you have previously consented to receive all communications from us, including but not limited to, all required disclosures via electronic mail. This means that all communications from us will be delivered in electronic form. You understand and agree that we may obtain credit reports on you an ongoing basis as long as this loan remains in effect. You also authorize us to report information concerning your account to credit bureaus and to anyone else we believe in good faith has a legitimate need for such information. You understand that, from time to time, we may monitor or record telephone calls between you and us. You hereby expressly consent to have your calls monitored or recorded. You agree that we can contact you using any telephone number(s) that you provide us in this credit application, that you provide to us in the future, or that we get from another source, even if the number is for a mobile telephone and/or our using the number results in charges to you by your mobile service provider. You also agree that we may leave an autodialed or prerecorded message or use other technology to make that contact. You further agree that if you gave us a mobile phone number in your application, or if you later gave us a mobile phone number, or if we get a mobile phone number for you from another source, we may contact you by text message on that mobile phone regarding your account, notwithstanding the fact that there is a possibility that a third party may see our text message to you, and you represent that any mobile phone number you gave us or will give us is your mobile phone number alone. You may cancel this consent by providing us with notice in writing. A married or registered domestic partner applicant may apply for a separate account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit repo* furnished by the consumer credit repo*ing agency. This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. Any modifications to this Agreement must be made in writing and signed by both parties. ARBITRATION PROVISION WAIVER OF 3URY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an "arbitrator" ) for a decision. Each party to the dispute 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, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: For purposes of this Waiver of 3ury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the Note, the information you gave us before entering into this Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims" ); and/or (j) all 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. 1. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY 3URY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP 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 ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http: //www.adr.org or jAMS (1-800-352-5267) http: //www.jamsadr.corn. The parties may also agree to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. 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 twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above. If neither the American Arbitration Association nor jAMS is available or willing to administer the arbitration and the parties cannot agree on a local arbitrator, then an arbitrator can be appointed by a court consistent with Section 5 of the FAA. 4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees" ). Throughout the arbitration, each party shall bear his or her own attorney's fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. Any arbitration hearing will be conducted in the federal judicial district of your residence. 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 conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction. 5. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. 6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. 7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. Except for the waivers of representative actions contained in paragraphs 1(c) and 2, if any of this Arbitration Provision is held invalid, the remainder shall remain in effect. If the waivers of representative actions are held invalid, then this arbitration provision will be deemed null and void. OPT-OUT PROCESS You may choose to opt out of the 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 within sixty (60) calendar days of the date of this Note at the following address: Arbitration Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written notice must include your name, address, account number or social security number and a statement that you wish to opt out of this Arbitration Provision. H YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE BOUND TO ITS TERMS. You understand and agree that you will receive $4,570.34 of the loan proceeds detailed above and that $5,779.66 of the loan proceeds shall be used to repay your existing loan with Loan Me, Inc., Loan No. 762742. Payments. You have previously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your Application (the "Bank Account" ) to make each payment required hereunder on the day it is due. You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional times. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not liable for such charges. You have the right to notice of all transfers of amounts different from your regular payment, but you agree to receive notice 10 days prior to any given transfer only if the amount to be transferred varies by more than $50 from your regular payment amount. You also authorize us to withdraw funds from your account on additional days throughout the month in the event you are delinquent on your loan payments. Your request and authorization for us to initiate EFTs is entirely voluntary, and you may terminate this authorization by notifying us in writing via fax (844-904-7368) or email (customer.service@LoanMe.corn) soon enough to allow us a reasonable opportunity to act on your termination (generally at least three business days in advance). You may also terminate your authorization for us to initiate EFTs directly with the financial institution at which your Bank Account is located. By signing this promissory note, you also authorize us to obtain payments from your Bank Account by creating and processing paper checks (each a "Check" ) in place of initiating any or all of the EFTs described above. Each Check will be in the amount of the payment that would have been initiated as an EFT, and each Check will be deposited by us for processing on or after the same day that the payment would have been initiated as an EFT. We will type your name in the signature line of each Check, and you agree that your typed name constitutes your authorized signature. You acknowledge that an electronic image of each Check may be created and processed as a substitute check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above, this authorization to create Checks will also terminate. You may also cancel by notifying your financial institution orally or in writing at least three business days before the scheduled date of any transfer. THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE LOAN IS 85 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY YOU WILLg HOWEVER/ BE REQUIRED TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE. YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON THIS LOAN (Click here to view) AND ARE ABLE TO REPAY THE LOAN PURSUANT TO ITS TERMS. YOU ARE NOT AWARE OF ANY CIRCUMSTANCES THAT MIGHT CAUSE YOU TO FILE FOR BANKRUPTCY PROTECTION DURING THE TWELVE (12) MONTHS FOLLOWING THE EXECUTION OF THIS NOTE. YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT. This Loan Is Made Pursuant To The California Finance Lender Law, Division 9 (commencing with Section 22000) of the Financial Code. FOR INFORMATION, CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA, LICENSE NO. 603-K061. EXHIBIT B LoanMe, inc. (coII~ely, "ASSIGNOR" j, for and in consideration of the sum of 'I,550 accounts with 8 PAAQpal Balance of .. I and~ Of the PAncipie Balance equals~ hereby sbsslutely SELLS, TRANSFERS, AND ASSIGNS TO Debt ISssssestest Partners, LLC ("ASSIGNEE"): (s) Ail of Assignor's right, title and interest, in and to each of the promissory notes or other evidence of indebtedness for each of the loans identified in the han schedule ("Loan Schedule') attached hereto as Exhibit 'A', (the sLoans"), and together with aN right, title and interest of Assignor in: (i) ell instruments, documents, agreements, certificates and legal opinions executed in connection with the Loans, as defined in the Purchase Agreement (defined below) (ii) all collateral (whether real or personal property) currently pledged In connection wtth the Loans (ill) any judg&fn&nts'founded Upon such promissory note or other evidence of indebtedness and any lien extent attributable to such prornimory note or other evidence of irxlebtedness and any lien arising there from; (iv) any applicable insurance proceeds and condemnation awards related to the Loans which are received by Assignor on or after the "Cutoff-Date" or which relate to rights accrued by Assignor on or after such date and (v) any dairn, detnand or legai proceeding with respect to such pornissory note or other evidence of indebtedness or any collateral for any of the Loans„ forming the subject rnatter of any Htigation or bankruptcy to which Assignor is a company, but not including any rights, causes of action or defenses peculiar to Assignor under any federal or state statute or rule of law; and (b) Ail principal, interest or other proceeds of any kind and with respect to the Loans received on or after the Cut-off Date (including but not lirntied to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property), but excluding any payment or other consideration received by or on behalf of Assignor with respect to the Loans (except as stated in Section 6.3 of the Purchase Agreement) regardless of whether timely paid. Assignor hereby represents and vJaffants that Assignor ts the ov&ef and holdef of the promissory note or other evidence of indebtedness for each of the loans. Except for the foregoing representation and warranty, the sais, transfer and assignment made her'eby is made without recourse or express or implied represenation or warranty of (i) the coilectability of any loan; (ii) "fitness for a particular purpose", (Jii) "merchantabiiity", (iv) the enforceebitity of any promissory note or other evidence of indebtedness, or (v) any other type or kind regardlessof'eth such representation or warranty would arise by statute, at comon law or otherwise, except as provided for in the Purchase Agreement. This Bill of Saic and Assignment of Loans is executed to the effect the Sale of the Loans pursuant to that certain Purchase and Sale Agreement ("Purchase Agreement"j executed by end be~n Assignor and Assignee and the sale assignment made hereunder are made subject to ali of the terms and conditions of the Purchase Agreement. Name: Jonathan Williams Title: President 8 CEO
