Complaint Limited Up to 10KCal. Super. - 6th Dist.April 26, 2021DocuSign Envelope ID: 0240CE69-03F1-4526-83DE-6A8B75E7482F l:_|:” Fr) PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): U LY Amanda Riggs, SBN 285764 / Sherif Fathy, SBN 242937 4/26/2020F qago fim Lawgix Lawyers, LLP Clerk Of COUf't Pittsburgh, PA 15275 ’ TELEPHONE No: (888)382_3214 FAX No. (Optional): COunty Of santa Clara E-MAIL ADDRESS (Optional): 21 CV381 044 ATTORNEY FOR (Name): PLAINTIFF ReViewed By: N. Ch riStOpher81 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose CA 95 1 13 BRANCH NAME: Downtown Superior Court PLAINTIFF: U.S. Bank Natlonal Assomatlon DEFENDANT: POSON YU; E DOES 1 To CONTRACT COMPLAINT E AMENDED COMPLAINT (Number): E CRoss-COMPLAINT E AMENDED CRoss-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION Is A LIMITED CIVIL CASE Amount demanded does not exceed $1 0,000E exceeds $1 0,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by this amended complaint or cross-complaint 21 CV381 044 Efrem limited to unlimited Efrem unlimited to limited CASE NUMBER: 1. Plaintiff* (name or names): U.S. Bank National Association alleges causes of action against defendant* (name or names): POSON YU; 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 12 3. a. Each plaintiff named above is a competent adult except plaintiff (name): U.S. Bank National Association (1) Ea corporation qualified to do business in California (2) San unincorporated entity (describe): (3) -other (specify): A National Association b.E Plaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organization, form unknown (1)E a business organization, form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) E other (specify): (5)E other (specify): * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 F%rlfiég‘fgfiggfiggggfigar'nfise COMPLAINT-Contract Code of Civil Procedure, § 425.12 PLD-C-OO1 [Rev. January 1, 2007] DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F PLD-C-001 SHORT TITLE: CASE NUMBER: U.S. Bank National Association V POSON YU; 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): 6. This action is subject to E Civil Code section 1812.10 Civil Code section 2984.4. 10. 11. . This court is the proper court because a. E a defendant entered into the contract here. b. E a defendant lived here when the contract was entered into. c_ a defendant lives here now. d. |:| the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. E real property that is the subject of this action is located here. g. E other (specify): The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common Counts E Other (specify): E Other allegations: Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ 5857,37 b. E interest on the damages (1)E according to proof (2)E at the rate of (specify): percent per year from (date): c. E attorney's fees (1)E of: $ (2)E according to proof. d. E other (specify): E The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): DocuSigned by: Date: 4/15/2021 sherif Fathy S(wvif Faflu? > 407103F3OC16461... (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD-C-OO1 [Rev. January 1, 2007] COMPLAINT_C°ntract page z of 2 DocuSign Envelope ID: 0240CE69-03F1-4526-83DE-6A8B75E7482F PLD-c-oo1(2) SHORT TITLE: U.S. Bank National Association V POSON YU; CASE NUMBER: FIRST (number) ATTACHMENTTO Complaint E Cross-Complaint CAUSE OF ACTION-Common Counts (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): U.S. Bank National Association alleges that defendant (name): POSON YU; became indebted to a. b. plaintiff E other (name): within the last four years (1) (2) on an open book account for money due. because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. withinthelast E two years fouryears (1) |:| (2) |:| (3) (4) E (5) |:| (6) |:| CC-2. $ 5857.37 plus prejudgment interest E according to proof E at the rate of percent per year from (date): for money had and received by defendant for the use and benefit of plaintiff. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of$ 5857.37E the reasonable value. for money lent by plaintiff to defendant at defendant's request. for money paid, laid out, and expended to or for defendant at defendant's special instance and request. other (specify): , which is the reasonable value, is due and unpaid despite plaintiff's demand, CC-3. E Plaintiff is entitled to attorney fees by an agreement or a statute E of$E according to proof. CC-4. E Other: Form Approved for Optional Use Judicial Council of California PLD-C-001(2) [Rev. January 1, 2009] Page 3 Page 1 of1 CAUSE 0F ACT|0N_c°mmon Counts Code ofCivil Procedure, §425.12 www. courtinfo. ca.gov DocuSign Envelope ID: 0240CE69-03F1-4526-83DE-6A8B75E7482F PLD-c-oo1(1) SHORT TITLE: U.S. Bank National Association V POSON YU; CASE NUMBER: SECOND CAUSE OF ACTION-Breach of Contract (number) ATTACHMENTTO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1. BC-2. BC-3. BC-4. BC-5 BC-6 Plaintiff (name): U.S. Bank National Association alleges that on or about (date): a written E oral E other (specify): agreement was made between (name parties to agreement): U.S. Bank National Association and POSON YU; A copy of the agreement is attached as Exhibit A, orE The essential terms of the agreement E are stated in Attachment BC-1 are as follows (specify): The Plaintiff is, and at all times herein mentioned was the holder thereof and lawful owner of the vehicle Which is the subj ect 0f the agreement. On or about (dates): 2019-10-03 defendant breached the agreement by E the acts specified in Attachment BC-2 the following acts (specify): Defendant(s) failed to make the monthly installment payments due subsequent t0 the above date pursuant to the terms of the agreement. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement Q as statedjn Attachment BC-4 o as follows (specify): oA ter deductlng from the unpald a ance owed at the tlme of default all credlts due Defendant(s) if any, and adding Plaintiffs costs 0f repossession and sale, if any, there now remains due and owing from Defendant(s) to Plaintiff the sum 0f $ 5857.37 E Plaintiff is entitled to attorney fees by an agreement or a statute Eof$E according to proof.E Other: Page 4 Page 1 of 1 F°”“ Appmved “Optima Use CAUSE OF ACTION-Breach of Contract C°de °fCiV” Pr°°edure' §425-12 Judicial Council of California www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2007] DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara Downtown Superior Court DECLARATION OF LOCATION/VENUE CASE NAME: U.S. Bank National Association V. POSON YU CASE NUMBER: Please check ONE of the following statements to indicate the basis for your filing of the complaint in this Judicial District and fill in the address. _ 1. Cause of Action arose in this Judicial District. _ 2. Property located in this Judicial District. _ 3. Tort occurred in this Judicial District. _ 4. Contract entered into or to be performed in this Judicial District. X 5. Defendant resides in this Judicial District. The address of the Defendant(s) is: POSON YU 1900 LAFAYE'I'I'E ST STE A11 SANTA CLARA,CA 95050 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DocuSigned by: Dated: 4071 03F3OC16461 4/1 5/20 2 1 Plaintiff’s Attorney Amanda Riggs / Sherif Fathy Lawgix Lawyers, LLP DocuSign Envelope ID: 0240CE69-03F1-4526-83DE-6A8B75E7482F Exhibit A DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F Borrower s) Lender LoanPOSON Y U.s. Bank National Association Number -3934 BUHBANK VICTORY CA RALPHS 2600 w VICTORY BLVD Note Date . 1 PAINTBR H DR B RBANK A 1 -1 7 . sfisNYVALE' 5A8 94033 U ' C 9 505 6 0 Mammy DateM "I" means each Borrower above, "You" means the Lender, its jointly and severally. succasors and assigns. Loan Amount 33 19 861 '30 Note - For value received, I promj se to pay to you, or your order, at your address above, the principal sum 0f: $1 9.351 30 Dollars $ 19,861 .30 plus interest from 01/25/201 7 at the rate ofA % per year until maturity E Additional Finance Charge - Ialso agree to pay anomefimdable fee of $ 75-m and it will be D paid in cash. E withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal s D Variable Rate - The (annual) interest raIe above may change so as to be Timing and Frequency of Interest Rate Changes - The rate can first change on and can change as often as after thaI. Lifetime Rate Change Limitations- The rate cannot everexceed- %. The rate c o ver e less than ”/0. Payment Changes- A change 1n the interest rate will change. D The amount of each sche?@ent. D The amount due at maturity. D Post Maturity Interest - Interest will accrue after maturity on the unpaid balance QM the same basis as interest accrues before maturity. Terms- If checked the terms provided 1n this agreement refl act a higher rate of lutemst or finance charges than the lowest available for this note. The higher rates andfor charges are due to information contained 1n m mer credit report you obtained from the credit bureau listed below. I may obtain afree copy of this report by contacting thetfl 1y_Q Payments - Iwill pay this note as follows: {5%(a) D Interat payments Wlll be due v Pnnclpal payments W111 be due . (b) E This note hasi payments. The t®nt will be in the amount 361.63 and will be dueM. Apayment of$ 36${6% will be due ontheA day of each ”10ch thereafter. The final payment of the entire unpmd balance of principal and interest will be due 01’24/2022 The Purpose 0f This Loan Is Auto Purchase . E Late Charge- I agree to pay a late charge if any scheduled payment (or part thereof) ls made more thani days after it is due equal to $29-00 E Prepayment Penalty- If I prepay this note in whole, I will pay you a prqaayment penalty equal to 1% of the oriqinal loan amount with a minimum of $50 and a maximum of $100 if closed within the first year E Returned Payment Charg - Iagree to pay a fee 0f $ 25-00 for each check, negotiable order of withdrawal, draft 0r electronic payment I make in connection with this note that is returned because it has been dishonored. In the state of IOWA - THIS IS A CONSUMER CREDIT TRANSACTION Security - (If neither of the next two options are checked, this loan is not specifically secured excqat: 1. through cross collateralization from other loans; and 2. a sealrity interest in all dqaosit accounts with U.S. Bank, National Association) D Separate Security- This note is secured by a separate ,dated- E S rity Awment- I give you a secun'ty interest in the Property described below. The rights I am giving you in this Property and th ligauons this agreement securm are defined on pages 3 and 4 of this agreement. 2014 US CT JTHKDSBH3E2192666 This Property will beused for Consumer pxrposw. ©1931, 19m, 1994, 2001 Walters Kluwer anda Services Form usawmsv-wnx 5:11:2016 (PEP 10ffi 2017023514320 VER 1 NDSCMS Farm USBNDASVNDX 11f2016 IH‘EEeEfiEfimEflfiEflfil U.S. Bank Customer Confidential DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F Loan number -3934 ANNUAL PERCENTAGE RATE The cost of my credit as ayearly rate. FINANCE CHARGE The dollar amount the credit will cost me. provided to me or on my behalf. AMOUNT FINANCED The amount 0f credit TOTAL OF PAYMENTS The amount I will have Faid when I have made a1 scheduled payments. 3.6900% $ 1,91 1.50 $ 19,786.30 $ 21 £97.80 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments Are Due: 60 $361 .63 Monthly Beginning 021'241‘2017 D Variable Rate D This note contains avariable rate feature. D The annual percentage rare may increase during the term of this transaction if A rate increase will take the form of Ifthe rate increases by % in will increase to often than The intermt rate will not go above- ”/0 Security - I am giving a security interest in D the goods or Property being purchased. due equal to $29 00 Prepayment- If I pay off this note early, I Filing Fees $ date, and prqnayment refunds and penalties. ®nterest rate may not increase more , and may not increase more than . E my deposit accounts and other rights to the payment of money from U.S. E Collateral sewring other loans with you may also secure this note. E Late Charge- I agree to pay a late charge if any scheduled payment (or E may D will not wgtfia penalty. I can see my contract documents for any additional information 3&ut flpnpayment default and any required repayment before the schedule E (descnption of other property) 2014 LEXUS GT . . . JTHKDSBH3E21 92666 umal Assouatlon \ereof) ls made more than five days after it is E Property Insurance--Property 1nsuranee is required Imay obtain property insurance from anyone I want that ls accqntable to you. ADDITIONAL TERMS OF THE NOTE DEFINITIONS- "I, " "me" or "my" means each Borrower who signs this note and mch other person or legal entLty (including guarantors endorsers, and sureties) whomes t0 pay this note (together referred to as "u"s ."You" or 'youf" means the Lender and its successors and assigns. APPLICABLE LAW- You are a Imtional bank located in Ohio. The interwt rate few and related Chagas Illa: you can change for this note are pursuant to the law of the‘tatéif Ohio, regardless of where this note ls made or where I lLve. As far other Issues, the law of my state of residence and the law of the state where any Property is located will apply. The fact that any part of this note cannot be enforced will not affect the rest 0f this note. Any change to this note or any agleement securing this note must be in writing and signed by you and me. THIS FORM - This fonn is dwigned to be used for many typa of transactions. A paragraph 0r section thaI begins with a "D " that is not checked does not apply t0 this note. PAYMENTS - Each payment I make 0n this note will be applied (t0 the extent 0f the payment) in the following order: (1) accrued interest; (2) principal; (3) charges other than interest or principal, if any; and (4) excess principal if designated. PREPAYMENT - I may prepay this note in whole or in part at any time. If I prqaay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. ©1981, 1983, 1994, 2001 Whiters Khmer Fhmdd Services Form USBNDASV-NDX 51'1112016 IH‘EEeE‘EEfiEEEfiHfiEEEfléflfiI BALLOON PAYMENTS - In the staIes of Idaho, Colorado, and Wyoming, under certain circumstances as defined by law in those states you may be obligated to refinance a balloon payment. If a balloon payment arises, if you are obligated under state law to refinance that payment, and if federal law does not preempt state law, then you will refinance the balloon payment. INTEREST - Interat accrues on the principal remaining unpaid from time to time, until paid in full. If "Variable Rate" is checked on page 1, I will pay interest at the rates in effect from time t0 time. If a payment is not sufficient to pay the accrued intermt, as of a scheduled payment date, the accrued and unpaid interest will be added to principal. Decreases in the interest rate for this note will have the opposite effect on payments that increases would have. The interest rate(s) and other charges 0n this note will never exceed the highest rate or charge allowed by law for this note. Changes in the index between scheduled changes in the interest rate will not affect the interest rate. If the index specified 0n page 1 ceases t0 exist, I agree that yw may substitute a similar index for the original. CURE RIGHTS - In some circumstances (and some states in which this note is used) your rights and remedies are subj ect to a duty to give me the right to cure a default and to get notice of that right before you can exercise some of your remedies. The statfi include (and may not be limited to) Colorado, Iowa, Kansas, Missouri, (pays Zora 20170235143120 VER 1 NDSCMS Form USBNDASVNDX 119016 ‘ U.S. Bank Customer Confidential DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F Nebraska, South Carolina, and West Virginia. You will provide such rights, and notice 0f such rights before exercising your remedies, as provided by law. DEFAULT - I will be in default on this note and any agleement securing this note if: 1. I fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to recover the reasonable value of the Property ("Recover") is significantly impai red. If any 0f us are in default 0n this note 0r any security agreement, you may exercise your remedies against any 0r all 0f us. REMEDIES - Subject t0 the CURE RIGHTS section above, if I am in default 0n this note or any agreement securing this note, you may exercise your tights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interact and charges, making it due in its entirety before the scheduled due date. 2. You may Recover on any property securing this transaction. 3. You may demand more security or new parties obligaxed to pay this loan (0r both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits 0r refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. COSTS 0F COLLECTION - I ages to pay the costs you incur to collect this debt and Recover on any collaIeral in the event of my default. These costs will include our reasonable attorney's fees (for an attorney who is not our salaried employee), to the extent not prohibited by state law. In the event of my bankruptcy, and without regard to my state of raidence, these costs will include your reasonable attorney's fees for an attorney who is not your salaried employee in the bankruptgz‘ proceedings. ERRORS AND OMISSIONS - In consideration of this note, I agree to fully cooperate with you to correct or adjust any errats or omissions in this note. I agree that you alone shall determine whether any such errors or omissions exist, and the extent to which they med to be corrected. I will comply with any of your requasts as soon as reasonably practicable, but in any event within 30 days of such requests. If I do not comply with any of your requests within 30 days, I understand and agree that I will be responsible for any costs and damages incurred by you due to the error m" omission, which shall include (without limitation) actual expensw, legal fees, losses, and penalties. OBLIGATIONS INDEPENDENT - This section applies if there are multiple partifi (for example, a maker and a guarantor or co-maker) who are obligaled to pay‘thjs note. We understand that the obligation of each of us to pay this note is independent of the obligation of the others to pay this note. You may, without notice, release or give up any right you may have, extend new credit, renew or change this note, as to any of us, without affecting the obligation of any others (until this note is paid in full). You may fail to perfect your security interest in, impair, or release any security and I (we) will still be obligated to pay this note. WAIVER - I waive (to the a(tent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. FINANCIAL STATEMENTS - I will give you any financial statements or information that you feel is necessaly. All financial statements and information I give you will be correct and complete. PURCHASE MONEY LOAN - If this is a Purchase Money Loan as defined in the SECURED OBLIGATIONS section below, you may include the name of the seller on the check or draft for this note. ©1981, 1988, 1994, 2001 Wallets KIJwer andd Services Form LBBNDASV-NDX 51'11f2016 INEEeEmflfifimfiflfil NAME AND LOCATION - My name and addrms indicated 011 page 1 are my exact legal name and my principal raidence. I will provide you with a1 least 3O days' notice prior to changing my name or principal residence. ADDITIONAL TERMS OF THE SECURITY AGREEMENT SECURED OBLIGATIONS - This security agreement secures the note (including all extensions, renewals, refinancings and modifications) and any other debt I have with you now or later. Also, this security agreement will not secure other debts if this security interest is in household goods and the other debt is a consumer loan. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money semrity interest arising under this security, agreement: (a)Payments on any nonpurchase money loan also, secured by this agmement will not be deemed to apply to the Purchase Money Loan; and , (b)Payments on the Purchase Money Loan wfll be deemed to apply first to the nonpurchase money portion offthe loan, if any, and then to the purchase money obligations, in the order in which the items were acquired. No security interest, will be terminated by application of this formula. "Purchase Money Loan" means any loan of which the proceeds, in wholam-or in part, are used to acquire any property securing the loan and all extensions, renewals, consolidations and refinancings of such loan. PROPERTY - The word "Property," as used here, includes all property that is listed in the SECURITY AGREEMENT section 011 page l. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, intermt, dividends, stock splits and voting rights). It also mcans property thaI now 0r later is attached to, is a part 0f, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, 0r other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the Property. OWNERSHIP AND DUTIES TOWARD PROPERTY - Unless any non-Borrower owner of the Property signs the THIRD PARTY AGREEMENT section below, I represent that I own all the Property. I will defend the Property against any other claim. I agree t0 do whatever you require to perfect your interest and keep your priority. I will not do anything t0 harm your position. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture 0r seizure. I will keep the Property in my possasion. I will keep it in good rqaair and use it only for its intended pmposes. I will kem it at my address unless we agree otherwise in writing. I will not try to sell 0r transfer the Propeny, 0r permit the Property to become attached to any real estate, without your written consent. I will pay all taxes and chargs on the Property as they become due. Iwill inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. If the Property is a motor vehicle, I represent thaI it is not a vehicle seizsd pursuant t0 any federal, state 0r local forfei ture law. INSURANCE - I agree to buy the insurance coverages required on page 2 covering the Property against the risks and for the amounts you require. I will name you as loss payee on any such policy. If there is an insured loss, you may require added security on this loan if you agree that insurance proceeds may be used to repair or replace the Property. I agree that if the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. I will buy the insurance from a firm authorized to do business in the appropriate state. The firm will be rwsonably accq) table to you. I will keep the insurance until all debts secured by this agreement are paid. {page 3 of 63 20170235143‘020 VER1 NDSC 046 Form USBNDASVNDX 119’2016 ‘ U.S. Bank Customer Confidential DocuSign Envelope ID: 0240CE69-03F14526-83DE-6ABB75E7482F COLLATERAL PROTECTION INSURANCE - Unless I THIRD PARTY AGREEMENT provide you with evidence of the insurance coverage required by my agreement with you, you may purchase insurance at my ense to rotect your interests in my collateral. This insurance - - gncxgy, but nged not, protect my interests. The coverage that you Lenderldennfied 0n page 1' . . . . purchase may not pay any claim that I make or any claim that is I agrfee t0 glve you a secunty mterfit 1n the Property that _ 15 made against me in connection with the collateral. I may later descnbe‘l 0n Page 1-_ I agTee t0 the terms Qf thlS 110W arid security cancel any insurance purchased by you, but only after providing agTeemem bur I 3m 1n n0 way Personally llable for Payment 0f the you with evidence that I have obtained insurance as required by debt. This means that if the Borrower defaults, my interest in the our agreement. If you purchase insurance for the collateral, I will Propetty may be used t0 satisfy the Borrowet’s debt. I agree that be responsible for the COStS 0f that insurance, including interest you may! without releasing me 0r the Property from [hjs Third 311d ally Other Charges 3’0“ may impose ill conneflion With the Party Agreement and without notice or demand upon me, extend 131399111th 0f the {nsqranoes “1m! the “feet“? date 0f the new credit to any Borrower renew or change this note 0r security cancellatlon or explratlon of the Insurance. The costs of the agreement one or more times and for any mm or fail t0 perfect insurance may be added to my total outstanding balance or obligation. The costs of the insurance may be more than the cost your security imam]: in impair 0r release my Beul‘ity (inCIUding guaranties) for the obligations of any Borrowefi-of insurance I may be able to obtain on my own. I agree that the cost of such insurance will be dueimmediately. I HAVE RECEIVED A CO COPY 0F THIS NOTE AND SECURITYAK For the purposas of the provisions within this enclosure "I," "me" 0r "my" means the person signing below and "you" means the FILING - I authorize you t0 file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of 0r control over the Property until this security agreement is terminated. DEFAULT AND REMEDIES - IfI am in default, in addition to the remedies listed in the note portion of this agreement and subject to any of the limitations in the CURE RIGHTS section, you may (rafter Date giving notice and waiting a period 0f time, if required by law): (a) Pay taxes or other charges, 0r purchase any required insurance, if Q\I fail t0 do these things (but you are not required to do so). You mayadd the amount you pay to this loan and accrue interfit 0n that .Q Dateamount at the interest rate(s) in effect from time to time, 0n this note until paid in full; \(b) Require me t0 gth_er the Property and any related records and make it available t0 you in areasonable fashion; fl v(c) Take immediate possession 0f the Property, but in d0i1_1g so yBulmay not breach the peace 0r unl awfully enter onto my premises. Yau 4 may sell, lease or dispose of the Property as provided by law You . . may appiy whal you receive from the sale 0f the Property t0 your ARIZONA: Motor Vehlcle as Collateral: The followmg expenses and then to the debt. If what you receive from the saleof the information applies if this security agreement, 01‘ another Property is less than what I owe 0n this note you may take- me to that secures this note includes a motor vehicle as that term court t0 recover the difference (t0 the extent permitted. by law); and may be defined by Arizona law: (d) Keep the Property t0 satiSfY Eh? dabt-_ _ It is unlawful to fail to return a motor vehicle subject to a I 38353 that When YOU mUSt glVe none"; t0 _m§,0f XOUF lntefidw security interest within thirty days after receiving notice of 5316 01’ d15p051t10n 0f the Property: the nofim‘lslwnable 1f 1t 15 defaulL Any notice of default you send me will be mailed to 1536? t0 Em.at mgeéasglknowg. address bylmms. $311 10 days my address given on page l. It is my responsibility to tell e ore t e imen S e 0r ISPOSinon agree t0 1 mm you in you my new address if it changes. (Unlawful failure to ngigfidogfi36§1§nfi~issrnsyécaggrgszgmemem and any loan it 530mm return a motor vehicle subject to a security interest is a class cannot be assumed by someone buying the Property from me. This 6 felony9 Wthh for a firSt Offense Cflmfi a maXImum .1311 will be true unlfis you agree in writiugfito the contrary. Without such sentence; 0f 1-5 years- The mammum .1311 §entence may be anagreement, if I trytotransfer anyinterestinthe Property,Iwillbe greater 1f the dBfendant has a prlOI‘ crlmlnal record. The in default on all obligations that are secured by this security court mayimposea fine ofno more than $150,000.) agreement. Date This notice applies t0 Missouri customers specifically and is generally true for all customers: ORAL AGREEMENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises t0 extend or renew such debt are not enforceable. T0 protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. ©1931, 1933, 1994, 2001 muers Kluwer F'nana‘al Services Form USBNDAsv-NDX 5:11:2016 (P999 43$ 20170235143T20 VER 1 NDSCM Form USBNDASVNDX 119016 Immmfifififimfil ‘ U.S. BankCustomer Confidential DocuSign Envelope ID: 0240CE69-03F14526-83DE-6A8B75E7482F This note is a "transferable record" as defined in AUTOMATIC WITHDRAWAL: _ _ applicable law relating to electronic transactions. I g _DO D DO No_T wantAummF‘thIWd’awal- Therefore, the holder 0f this note may, 0n behalf By Slgnlng below I authonze you to automatlcally w1thdraw-on , . each payment date my regular payment from my transactlon of the maker 0f thls note, create a mlcrofilm 0r accounthsted below optical disk 0r other electronic image of this note that is an authoritative copy as defined in such AccountTypfl m Chewing D SaVillgS law. The holder of this note may store the Account Nflmbe" 922 authoritative copy of this note in its electronic BankRounngNumbe“ form and then destroy the paper original as part E-siqned by PDSON YU on 01,-”25f20l'1' aL 2:32 PM Central Standard Time 0f the holder's normal business practices. The MM holder, 0n its own behalf, may control and POSON YU transfer such authoritative copy as permitted by Q Damsuch law. . 0 CONSUMER REPORT DISPUTES - If I believe you have ’ inaccurately rqaorted information 0n my credit history to a Consumer J D313 Reporting Agency (CRA), I may submit a dispute by calling 844.624.8230 0r by writing t0: U.S. Bank Attn: CRA Management, PREFERRED RATE FOR AUTOMATIC WETHDRAWAL PD. Box 3447, Oshkosh, WI 54903-3447. In order for you to assist AND’FOR U'S' BANK CHECKING PACKAGE . me with my dispute: I must provide: my name, address and phone I understand that I rsecelved apreferred Interest ra_te 011 thls note number; the account number; the specific informalion I am disputing; becauseI have e.gtathth 0116.01" beth 0f the fellowmg: the wplanation 0f why it is incorrect; and any supporting O automatlc monthly w1thdrawals from a consumer U.S. - - - - - - Bank accountdocumentatlon (e.g., affidawt of Identlty theft), 1f appllcable. . a consumer U-S- Bank Silver, Gold! 0r Platinum checking Package FEE FOR CANCELLING AUTOMATIC WITHDRAWAL ER U.S. BANK CHECKING PACKAGE: understand that automatic withdrawals will automatically stop, Q . and must be re-established, if, I close the transaction account from "Which automatic withdrawals are authorized (without arranging hfor automatic withdrawal from another account), there are 0‘ insufficient funds in the account, or I stop payment 0n any singleautomatic withdrawal. I understand that if my automatic withdrawal OR my consumerQ Checking Package relationship is terminated at any time duringthe term of the note, I agree t0 pay U.S. Bank a one-timeO\ cancellation fee of $ 50-00 . I also understand v the interest rate 0n this note will not change.E-signed by POSON YU on 01/25,?201'? at 2:32 PM Central Standard TimeMM POSON YU Date 09% By signing above I acknowledge that I have read, understand and accept the terms 0f preferred rate pricing and the fee imposed if my consumer U.S. Bank Checking Package relationship 0r mtomatic withdrawal is termj naIed 0n this note. ©1981, 1938, 1994, 2001 Walters KIuwer anana'al Services Form USBNDAsv-NDX 5:11I2016 (P999 53$ 20170235143T20 VER 1 NDSCM Form USBNDASVNDX 119016 INEEeFEfiEéEEfiEflEiZEfifiéflfiI ‘ U.S. Bank Customer Confidential DOCUSign Envelope ID: 0240CE69-03F1-4526-83DE-6ABB75E7482F Loan number: -3934 NOTICE TO COSIGNER You (the cosigner) are being asked t0 guaranty this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have t0 pay up to the full amount of the debt if the borrower does not pay. You also may have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the burrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your . 0wages, etc. If this debt is ever in default, that fact may become part of your credit record. This notice is not the contract that makes you liable for ”C9, the debt. Garnishment is not a remedy available in Pennsylvania Q or Texas. SIGNATURES - I agree t0 the terms set out on pages 1 thru 6 of this agreement. I have received a copy of this agreement 011 today's 4%date. . Cosigners - see notice above before signing. In the notices in this box "you" means the B0rrower(ls): Notice to Consumer: 1. Do not sign this note before you r it. 2. You are entitled to a copy of this note. 3. You may p the unpaid balance at any time. Ifyou 1)qu ay this notg y m MAY D WILL NOT have to pay a penalty, ¢ CAUTION - IT Is IMPORTANT TflAag,“ YOU THOROUGHLY READ THIS NOTEyEFWOU SIGN IT. V4; E-slqned by POSON YU on 011‘25/201 ’aL 2:32? CenLral Standard Tim POSON YU Date O Date Dal}: Dale ©1931, 1933, 1994, 2001 Walters Kluwer ana‘al Services Form usaNDAsv-NDX 511112016 (P399 60"6 20170235143120 VER 1 NDSCMB Form USBNDASVNDX 1112016 IH‘EEeEfiEfifiEfififiWfil l U.S. Bank Customer Confidential
