Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.April 26, 2021

\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/26/2021 4: 1 7 PM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay good 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 CV381 057 MANDARICH LAW GROUP, LLP Reviewed By: N_ Chris“ P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: VELOCITYINVESTMENTS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED VELOCITY INVESTMENTS, LLC, Case N0. 21 CV381 057 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED Leilani FRANTZ, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $13,070.25 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, VELOCITY INVESTMENTS, LLC, and successor in interest to original creditor, WebBank. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: VELOCITY INVESTMENTS, LLC 1800 Route 34N Suite 404A Wall NJ 077 1 9. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is Upgrade VFN Trust II, 275 BATTERY STREET, 23RD FLOOR SAN FRANCISCO, CA 941 1 1, and the account number associated With this debt is XXXX8825. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 )pherson \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Leilani FRANTZ, 422 S SUNNYVALE AVE APT 1 , SUNNYVALE, CA 94086. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, WebBank 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, WebBank provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXX8825 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay WebBank and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase of goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay WebBank and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n November 22, 2018. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at Charge-off was $13,070.25, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $13,070.25. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, WebBank and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account With WebBank, the Defendant(s) agree to reimburse WebBank, and hence Plaintiff as successor in interest for the costs related to the collection 0f amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $13,070.25 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by WebBank. Although demand has been made upon Defendant, said amount of $13,070.25 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $13,070.25, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 04/16/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 Qfldfl/ X]Christopher D. Mandarich, Esq. Attorneysfor Plaintzfi” EXHIBIT A REPORT FOOTER LOAN AGREEMENT AND PROMISSORY NOTE DATE: May 22, 2018 ("Effective Date") Borrower Name and Address: LEILANI FRANTZ, 422 S SUNNYVALE AVE APT l SUNNYVALE, California 94086 1. PROMISE T0 PAY. The parties (each, a "Party" and collectively, "Parties") to this Loan Agreement and Promissory Note ("Note") are the Borrower designated above ("Borrower," "you," or "your") and WebBank. For value received, you promise to pay to the order of WebBank or any subsequent holder ("we," "us," or "Lender") of this Note, the principal loan amount of $13,000.00, together with interest, fees and charges as set forth below. You promise that you will use the Loan Amount forthe purpose you indicated on the loan application to us (the "Application") and not for any post-secondary student loan, to buy orsell securities, orany illegal purposes. 2. INTEREST AND PAYMENTS. m nt Timin n A Ii ti n. Principal and interest shall be paid in 36 monthly installments of $555.51 as discussed herein. Your first Monthly Payment will be due on 06/22/2018. A|| other Monthly Payments will be due on the same day of each following month ("Subsequent Due Date") until 05/22/2021, when all principal, interest and fees payable and owing under this Note are due. If your Subsequent Due Date is the 29th, 30th or 3lst and the current month is shorter, your payment will be on the last day of the month. A|| payments or prepayments will be applied first to accrued interest, then to unpaid principal, then to our fees, then to costs and expenses payable to us under this Note, including any costs or expenses that we incur related to enforcement of this Note as further described in Section 5 ("Remedies") below. b.mm Interest on your loan will accrue and be calculated on a 30 day month/360 day year basis for each full month and each partial month based on the Interest Rate disclosed on the Truth in Lending Disclosure applied to the unpaid Loan Amount forthe actual number of days your loan is outstanding forsuch full or partial month. Interest will start accruing on the Loan Amount on the first calendar day following the Effective Date and will continue to accme until all amounts owed underthis Note are paid in full. The Finance Charge and Total of Payments listed on the Truth in Lending Disclosures are estimates based upon the assumption that all Monthly Payments will be made on time. If Monthly Payments are made before or afterthe applicable due dates, the actual amount of Finance Charge and Total of Payments may be less or more than that what appears in the Truth in Lending Disclosure. c. Interest Rate. This Loan bears interest during each calendar month beginning on the Effective Date until paid in full at a rate of 30.51% per year. d. Maturity. When your loan matures, you agree to pay in full any unpaid amounts payable underthis Note. e. Payment Method. Payment may be made by check or electronic funds transfer. Payment by check may be made by sending a personal check: (1) by standard US Mail to: Upgrade, |nc., Dept. LA 24576, Pasadena, CA 91185-4576, or (2) by courier (FedEx, UPS, etc.) to: Upgrade, Inc. 24576, 14005 Live Oak Ave., InNindaIe, CA 91706-1300. We may change these addresses from time to time, and we will notify you of the new address for payments. f. Electronic Check Conversion. If you present a check for payment, you authorize us: (1) to use the information from your check to make an electronic funds transfer from your account; or (2) to process the transaction as a check. Please note, if we elect to use your check for an electronic funds transfer, funds may be withdrawn from your account as soon as the same day your check is received and you may not receive the check back from your financial institution. g. Prgpgymgnt. You may make additional payments to prepay your loan in whole or in part at any time without penalty. Prepayments will not change your Monthly Payment, or your obligation to make scheduled Monthly Payments on each Subsequent Payment Date but your final payment amount may be smallerthan the payment amount shown in the Truth in Lending Disclosure or you may reduce the total number of Monthly Payments required to repay your loan as shown in the Truth in Lending Disclosure. The amount of any origination fee that exceeds 5% of the total loan amount is applied on a pro-rata basis overthe term of the loan, and any unapplied portion of the origination fee will be refunded to you in the event that you pay your loan in full pn‘orto its maturity date. 3. FEES. We wi|| also charge you and you agree to pay the following fees to the extent permitted by applicable law. a. Insufficient Fundiseturned Payment Fee. You will be charged a non-refundable fee of ten dollars ($10) for each failed electronic or check payment attempt. Your bank may assess its own fee in addition to the fee we assess. b. Lat: Paymgnt Fgg. If a payment is more than fifteen (15) days late, we will charge you a nonrefundable late fee of ten dollars ($10.00). c. Loan Origination Fee. We will deduct a loan origination fee in the amount shown in the Truth in Lending Disclosure from the Pn'ncipal Amount of Loan as shown in the Itemization of the Amount Financed contained in the Truth in Lending Disclosure. d. Debit Card Fee. You are not required to make payments by use of a debit card. If the option is offered and you do use a debit card to make a payment of any kind, a third-party payment processor may charge you a service fee, which will be disclosed to you priorto your use of the service. Payment by debit card is optional and not a condition of obtaining a loan with us. Fees forthis optional service are neither charged nor collected by WebBank or Upgrade. 4. DEFAULT. You wi|| be in default underthis Note if: a. you fail to make any payment underthis Note on the date such payment is due; b. you fail to perform any of your obligations under this Note and you fail to cure such failure to perform to our reasonable satisfaction within thirty (30) days after receiving notice from us of your failure to perform; c. any representation made by you in, or in connection with yourAppIication orthis Note is false in any material respect REPORT FOUTER when made; d. any of the following occurs (each a "Bankruptcy Event"): (1) you make an application for the appointment of a receiver, trustee or custodian or a receiver, trustee or custodian is appointed for you or a majority of your assets; (2) you initiate or consent to any legal proceedings underthe Bankruptcy Code, or equivalent law providing forthe relief of debtors; (3) you make an assignment for the benefit of creditors; or (4) you have a petition in bankruptcy or similar relief of debtors filed against you, which is not withdrawn or discharged within thirty (30) days of being filing. e. you die. 5. REMEDIES. Our remedies ifyou default on this Note include the following (to the fullest extent permitted by law): a. General. In the event that you are in default underthis Note, we may: (l) declare our loan to you immediately due and payable, except that your loan will become immediately due and payable to us under a Bankruptcy Event, regardless of whether or not we take any action; (2) provide a report to the credit bureaus regarding your payment history and status of default (which may negatively affect your credit record); (3) pursue any other remedies available to us under applicable law. b.mm If your loan is immediately due and payable, you must promptly pay in full the unpaid principal amount of the loan, all accrued interest, and any other amounts and fees payable underthis Note. c. Cost Reimbursement Application of Proceeds. You agree to promptly reimburse us, with interest, for all costs and expenses incurred in exercising our remedies related to this Note, including reasonable attorneys' fees and the costs of collection after default. Our rights underthis Note are cumulative and we may exercise these rights at any time if you default. In the event that we exercise any of our rights or remedies underthis Note, you will continue to be in default until such time that you pay to us all amounts due to us and you have cured any and all defaults. Our failure to take any action or delay taking any action related to your default, does not waive, or imply a waiver of, any of our rights underthis Note. 6. TERMINATION. This Note will terminate after you have paid in full all amounts payable by you underthis Note. The terms of this Note that would, by their express nature, survive the termination of this Note (including the provisions under "Governing Law and Miscellaneous, Arbitration Agreement," "Notices and Other Information," "Limitation of Liability" and “Termination“) will survive and be enforceable underthis Note. 7. NOTICES AND OTHER INFORMATION. You consent to receive through electronic delivery, either via electronic mail at your registered email address or delivery to your online account, of all notices, records, disclosures and other infomation related to this Note ("Electronic Records") as further provided in the E-Sign Disclosure and Consent to Electronic Receipt of Loan Disclosures provided to you at the time of yourAppIication. We may in ourdiscretion deliver certain records to you in paperform to your last postal service mailing address of record. You must advise us immediately of any changes or updates to, inactivity of or operationa| problems with your registered email address. You agree that the federal Electronic Signatures in Global and National Commerce Act apply to this Note and our ability to conduct business with you by electronic means. All provisions of any Electronic Records are binding on you just as if they were delivered in paperto one of the addresses listed on the Truth in Lending Disclosure. As descn‘ bed when you provided your phone number in the Application, we may contact you at any phone numberyou provide. When you give us your mobile phone number, we have your consent to contact you at that number about your loan. Your consent allows us to use text messaging, automatic dialing technology and artificial or prerecorded voice messages for informational and loan service calls, but not for sales ortelemarketing calls. It may include contact from companies working on our behalf to service your loan. Message and data rates may apply. You may contact us at any time to change these preferences. 8. WANERS. To the fullest extent permitted by applicable law, no extension of time for payment of any part of the amount due underthis Note, and no alteration, amendment orwaiverof any provision ofthis Note shall release, modify, amend, waive, extend, Change, discharge, terminate or affect your unconditional liability, and that at any other person or party who may become liable forthe payment of all or part ofthe amount due underthis Note. 9. CREDIT REPORTS AND MONrrORING. We may obtain credit reports on you on an ongoing basis until this Loan is paid in full. We may report information concerning your performance under this Note to credit reporting agencies. Late payments, missed payments or other defaults on this Note may be reflected in your credit report. If you believe we inaccurately reported information about you orthis Note to a credit reporting agency, call (855) 997-3100 or send an email to us at creditreporting@upgrade.com. You will need to provide the date of your loan along with copy of your credit bureau report reflecting the information that you believe is inaccurate. 10. ASSIGNMENT. You may not assign or transfer your rights or obligations under this Note without our prior written consent. We may assign ortransfer all or a portion of this Note and the related documents to a third party or an affiliate. Our rights underthis Note shall inure to the benefit of our successors and assigns and your obligations under this Note shall be binding upon your heirs, personal representatives and permitted assigns. 11. LIMITATION 0F LIABILITY. OUR LIABILITY TO YOU UNDER THIS NOTE, IF ANY, SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ON LY. YOU AGREE THAT IN N0 EVENT SHALL WE BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES. 12. GOVERNING LAW AND MISCELLANEOUS. Unless expressly provided othenNise in this Note, federal law and the laws of the state of Utah, as applicable, govern this Note. If any provision ofthis Note cannot be enforced, the rest of the provisions of this Note will stay in effect. No REPORT FOOTER amendment of this Note will be valid unless in writing and signed by both us and you. This Note represents the entire agreement between you and us regarding your loan. 13. ARBITRATION AGREEMENT PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. UN LESS YOU REJECT THIS PROVISION AS PROVIDED BELOW, BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE AJURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OF THE ARBITRATOR, 0R T0 BRING 0R PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION. Rg'ggtign 9f This Arbitmtign Agrggmgnt. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Upgrade, |nc., 275 Battery Street, 23rd Floor, San Francisco, CA 94111, Attention: Legal Department, which is received at the specified address within 3O days of the date of your electronic acceptance ofthe terms of this Note. Arbitratign Agrggmgnt. You agree that any dispute between us (a "Dispute") shall be resolved exclusively by arbitration. A Dispute is any unresolved disagreement between us that arises out of or relates in any way to this Agreement, the loan or the relationship between you and us (including Upgrade and any assignee or holder of the loan). A Dispute also includes any disagreement about whetherthis arbitration agreement ("Arbitration Agreement") is enforceable or valid, the meaning of this Arbitmtion Agreement, and whether a disagreement is a "dispute" subject to binding arbitmtion as provided for in this Arbitration Agreement. However, in the event of a default, nothing in this Arbitmtion Agreement shall preclude us from exercising the lawful remedies of a creditor under applicable law, including, but not limited to set off. The scope of this Arbitration Agreement shall be given the broadest possible interpretation that is enforceable. Unless othenlvise agreed to in writing by the parties to this Arbitration Agreement, the arbitration, including the selecting of the arbitrator, wi|| be administered by theJudiciaI Alternatives and Mediation Services ("JAMS"), under its Streamlined Arbitration Rules (the "Rules") by a single neutral arbitrator agreed to by the parties within thirty (30) days of the commencement of the arbitration. In the event that the parties are not able to agree on an arbitrator within 30 days, one will be selected byJAMS. In the event that JAMS is not available to administerthe arbitration, either of us may petition a court with jurisdiction to appoint an arbitrator. Notwithstanding the provisions of this Note specifying the governing law of this Note, the arbitration provisions of this Note will be governed exclusively by the Federal Arbitration Act (Title 9 of the U.S. Code)‘ Either party may initiate the arbitration process by filing the necessary forms with JAMS. To learn more about arbitration, orto obtain a copy of theJAMS arbitration rules you can call JAMS at 1-800-352-5267 or review the materials on their website at www.jamsadr.com. In the case of a conflict between the mles ofJAMS and this Arbitration Agreement, this Arbitration Agreement shall control. If you initiate the arbitration, you will be required to pay the first one hundred seventy-five dollars ($175) of any filing fee. We wi|| pay any filing fees in excess of one hundred seventy-five dollars ($175) and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own attorney's fees and costs except that you are entitled to recover your attorney's fees and costs if you prevail in the arbitration and the award you receive from the arbitrator is higher than our last written settlement offer, or if applicable law provides you a right to recover attorney's fees and costs. The arbitration shall be held in the federal judicial distn'ct where you reside. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis, and the arbitrator will not award relief for or against anyone who is not a Party. In the event the preceding sentence is deemed unenforceable for any reason by an arbitrator or a court of competent jurisdiction, such determination shall automatically renderthe remaining arbitration provisions (but not the jury trial waiver provisions) of this Section l3 unenforceable as to the affected dispute(s). Subject to the foregoing provisions regarding attorney‘s fees and costs, the arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant underthis Arbitration Agreement. The arbitrator, however, is not authorized to change or alter the terms of this Agreement or to make any award that would extend to any transaction otherthan yours. A|| statutes of limitations that are applicable to any dispute shall apply to any arbitration between us. BECAUSE YOU AND WE HAVE AGREED T0 ARBITRATE ALL DISPUTES, NEITHER 0F USOWILL HAVE THE RIGHT T0 LITIGATE THAT DISPUTE IN COURT, 0R T0 HAVE A JURYQTRIAL 0N THAT DISPUT E, 0R ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR INQT HE RULES OF THE ARBITRATOR, 0R TO BRING 0R PARTICIPATE IN ANY CLASS ACTION 0R REPRESENTATIVE ACTION. 14. REGISTRATION 0F LOAN OWNERS. You appoint Upgrade, Inc. as your authorized agent (in such capacity, the "Loan Registrar") to maintain a book-entry system (the "Register") for recording the owner of this Loan (the ”Loan Owners"). The person or persons identified as the Loan Owners in the Register shall be deemed to be the owner(s) of this Loan for purposes of receiving payment of principal and interest on such Loan and for all other purposes. You acknowledge that the Loan Registrar maintains the only authoritative copy of this Loan. With respect to any transfer by a Loan Owner of its beneficial interest in this Loan, the right to payment of principal and interest on this Loan shall not be effective until the transfer is recorded in the Register. 15. MILITARY LENDING ACT DISCLOSURE. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage late of 36 percent. This late must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (otherthan certain application fees for specified credit transactions or accounts); and any participation fees charged (otherthan certain participation fees for a credit card account). Your payment obligation is shown on the Truth in Lending Disclosure. Please 1(855) 511-7676 to have this disclosure provided to you orally. If you are a member of the Armed Forces or a dependent, certain terms of this Note prohibited under the Military Lending Act, including but not limited to the Arbitration Agreement contained in Section 13 above, will not apply to you. 16. ELECTRONIC TRANSACTIONS. THIS NOTE INCLUDES YOUR EXPRESS CONSENTTO ELECI'RONIC TRANSACI'IONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE SEPARATE DOCUMENT TITLED, "ESIGN ACT CONSENT," THE TERMS 0F WHICH ARE EXPRESSLY INCORPORATED HEREIN IN THEIR ENTIRETY. 17. STATE LAW NOTICES AND DISCLOSURES CALIFORNIA RESIDENTS ONLY: A marn'ed applicant may apply for a separate account. If Lender takes any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action is base, in whole or in party, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower's consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis. CALIFORNIA and NEW YORK RESIDENTS: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be included your credit report. CALIFORNIA and UTAH RESIDENTS: 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. MAINE, NEW YORK and VERMONT RESIDENTS: A consumer credit report may be requested in connection with your application or in connection with updates, renewals or extensions of any credit granted as a result of your application. Upon your request, you will be informed whether or not such a report was requested and, if so, the name and address of the agency that furnished the report. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. 85, 1463(9) or 1831(d) as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACH USE'I'I'S RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS ONLY: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A BEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECTYOU (BORROWER) AND US (LENDER) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANYAGREEMENTS 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. OHIO RESIDENTS ONLY: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers these laws. MARRIED WISCONSIN RESIDENTS ONLY: No provision of any marital agreement, unilateral statement or court order applying to marital property will adversely affect a creditor's interest unless priorto the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If you are married, by signing this Loan Agreement, you are confirming that this loan obligation is being incurred in the interest of your marriage and your family. If the loan for which you are applying is granted, you will notify the Lender if you have a spouse who needs to receive notification that credit has been extended to you. KANSAS and WISCONSIN RESIDENTS: NOTICE TO CUSTOMER: (A) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT, EVEN IF OTHERWISE ADVISED; (B) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES; (C) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENTYOU SIGN; AND (D) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE OF THE UNPAID BALANCE DUE UNDER THIS AGREEMENTAND YOU MAY BE ENTITLED T0 A PARTIAL REFUND OF THE FINANCE CHARGE. LEILANI FRANTZ 12418825 BY: UPGRADE, INC. A'I'I'ORN EY-IN-FACT FOR LEILANI FRANTZ (Signed Electronically) Original Document hash: /w|aTkaWFo/IK282CdQcA+VFZWthgpZ3oiuchb|o= EXHIBIT B Inan_m mob in rindp and nmipal m_dana princip-Lpai inasmuch m_veejaiu return item_t last_paymam last_mymem Ian m last_paymam last_mymem mfimam prinnipal at_ last_mary Ian ramry \aagacwery last_reomery min_irnem and imam inmost m_c 33135103 _bal'a‘:me d se_paTd Jana _amount Jflmlpal _lnmren _Iats_fee _'I:mrn_mem shamed _ammm Jrfidpal Juneau Jam t_balam _balince hamsofl _ a 1656 1 35000 34631.55 BI16flD1B 368.45 511.55 0 0 81130015 580.03 338.45 511.58 0 0 0 511.58 |2:00:W AM 12:00:00 AM 1656 2 34831.55 342512 BI1SED1E 742.23 101715 U D 9/13/2015 Emlw 373,53 $6.2 0 ll 511.58 1017.7! |2:DO:DO AM 12:00:00 AM 1656 3 34257.72 33873.42 10/16/2015 1121.53 1518.51 O D 10/‘6I2018 830.03 379.3 500.73 0 0 1017.73 1515.51 12:00:00 AM 12:00:00 AM 1655 4 33878.42 33493.55 11/15/2015 150642 20117 O D 11/180018 58003 384.54 485.19 0 0 1518,51 2013.7 12:00:00 AM 12:00:00 AM 1656 5 33493.55 33103.12 1211612018 1396.33 2503.27 0 D 12/18I201B 880.03 390.46 489.51 0 0 2013.7 2503.21 12:00:00 AM 12:00:00 AM 1656 6 33103.12 33103.12 1/16fl019 1396.33 2503.27 O 0 2503.21 2503.21 12:00:00 AM 1656 7 33103.12 33103.12 2/16/2019 1896.83 2503.27 0 D 2w317 2503.21 12:00:00 AM 1656 B 33103.12 33103.12 3/18R019 1896.33 2503.27 0 0 2m327 2503.27 12:00:00 AM 16$ 9 33103.12 3310112 M18RD19 159633 2503.27 0 D 2W327 2m3.27 12:00:00 AM 1656 10 33103.12 33103412 5/1612019 1896,88 2503.27 0 D 33103.12 2&3.” 2503.27 2499,93 12:00:00 AM 1 656 1 1 0 O 8/1 8201 E D D 0 D 0 0 D |Z:00:W AM I 656 I2 fl D 7/1 SHD1 E D D D O 0 D D I2:DO:DO AM 1 656 13 D 0 3/1 8201 9 D D U 0 0 U D 12:002W AM 1 656 14 0 0 9/1 6RD1 9 D 0 0 D 0 0 0 12:002W AM 1656 I5 D 0 IOIIE/ZDW 0 1m.“ 1833.56 O IMHO“ U D 0 I2:OD:W AM