DeclarationCal. Super. - 6th Dist.April 26, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/25/2021 10:23 AM Reviewed By: D Harris Case #21CV381071 Envelope: 7527801 21CV381071 Santa Clara - Civil D Harris Christopher D. Mandarich SB 220693 Ajay Sood SB325294 Hayk Stambultsyan SB320973 Martin Weinganen SB 201906 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.491 8 Facsimile: 818.888.1260 Attorneysfor Plaintifl: UHG I LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - LIMITED UHG I LLC, ) Case No.2 21CV381071 Plaintiff, ) ) vs. ) ) DECLARATION IN SUPPORT OF ) APPLICATION FOR DEFAULT Octavio P Carrillo ) JUDGMENT PURSUANT TO CIVIL Defendant ) CODE §l788.60(a) ) My name is Kaelyn Kowalik. I am over eighteen years of age, of sound mind and fully competent to make this Declaration, and I have personal knowledge of the facts stated herein: 1. I am an account administrator of UHG I LLC, and I am authorized to make this declaration on its behalf. I am familiar with the process ofUHG I LLC regarding the purchase of accounts. It is UHG I LLC’s regular practice to obtain, integrate, and rely upon the documents prepared by the issuer of the debt. Said documents are integrated into the records ofUHG l LLC, kept in the regular course of UHG l LLC’s business, and UHG] LLC relies upon the accuracy of such documentation in its day to day business activities. NC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC, D/B/A NETCREDIT is known by UHG l LLC to be a reliable source of such information, as that entity is regulated by the United States and charged with keeping accurate records. 2. Attached hereto are records 0fUHG I LLC, including the integrated records ofNC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC, D/B/A NETCREDIT. These records are kept by UHG I LLC in the regular course of business, and it was the regular course of business of UHG I LLC for an employee or representative of UHG I LLC with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to *ACOOO4401106* 4049609 be included in such record, and the record was made at or near the time or reasonably soon thereafier. The records attached hereto are the original or exact duplicates ofthe original. 3. 1n preparation of this Declaration, I have reviewed UHG I LLC’s electronic data file on Octavio P Carrillo along with the Exhibits attached hereto. Based on my familiarity with UHG I LLC’s procedures regarding obtaining and integrating account documents upon purchase of charged off accounts, my review ofUHG l LLC’s electronic data file and the attached Exhibits, and my general familiarity with this Account, I have personal knowledge of the account and the matters stated herein are true. According to the electronic data file and attached records, I could and would competently testify as to the debt as follows: 4. On or about , UHG I LLC became the current owner ofand successor in interest to the obligation sued upon, and was assigned all the rights, title and interest to Defendant's Net Credit account XXXXXXXXXXX6070 (the “Account”). 5. This Account was purchased on or after January 1, 2014 and, therefore, upon advice of counsel, is subject to California Civil Code section 1788.60. 6. In accordance with California Civil Code section 1788.58(a)(3-8), the attached records ofUHG I LLC as well as the UHG I LLC’s electronic account records show the following relevant information concerning the Account. A. Plaintifi', UHG I LLC is the sole owner of the Account. B. The Account was opened on 10/24/2018 and charged-ofi‘ on 05/06/2019 with a balance of $4,686.10. C. UHG I LLC's records show that the balance at chargc-off was $4,686.10 and UHG I LLC is not seeking to recover post-charge off interest and/or fees that may have been imposed by the charge-off creditor or subsequent purchasers of the debt and is seeking to recover only that portion ofthe charge off balance that remains due and owing as of August 19, 2021 D. The date of last payment on the subject account was on December 21 , 201 8 E. The creditor at the time of charge-off isNC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC, D/B/A NETCREDIT, and the charge-off creditor’s account number associated with this debt is XXXXXXXXXXX6070. F. The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale ofthe debt is Octavio P Carrillo, 1230 SAN TOMAS AQUINO ROAD SAN JOSE, CA 951 l7. 4049609 G. Plaintiff is the only entity that purchased the debt afier charge-off and its name and address are as follows: UHG I LLC, 6400 Sheridan Dr Suite 138 Suite 138, Williamsville NY 14221. 8. UHG I LLC’s records state that UHG I LLC or its agents made demand for payment of the balance herein prior to making this declaration and Defendant failed to make full payment of the amount owed on the Account. 9. Attached hereto as Exhibits A-C are the Account records l reviewed in executing the declaration that relate to the Account and/or payment(s) received. EXHIBIT A: Debt Provider Data document and Chain of Title pursuant to Civil Code section 1788.58(a)(3), (4), (5), (7) and (8). EXHIBIT B: Billing Statements and/or Loan File, including but not limited to the monthly statement recording a purchase transaction, last payment or balance transfer where applicable pursuant to Civil Code 1788.58(a)(5). EXHBIT C: Final Billing Statement and/or transaction history pursuant Civil Code section 1788.58(a)(4) and (6). 4049609 I hereby declare that the above statements are true and correct to the best ofmy knowledge and belief, and that I understand they are made for use as evidence in court and arc subject to penalty for peljury under the laws of the state of California. Executed at Erie, New York on 4038074 UHG I LLC By: Kaelyn Kowalik, Account Administrator for Plaintiff EXHIBIT A ASSIGNMENT AND BILL OF SALE JTM Capital Management, LLC (the “Seller”), has entered into that certain Purchase and Sale Agreement dated December 18m 2018 (“Ageement”) by and between the Seller and UHG, I LLC (the “Purchaser”) for the Assignment and Sale ofAccounts as defined in Exhibit A of the Agreement to the Seller, upon the terms and conditions set forth in that Ageement. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Seller hereby sells, assigns, and transfers to the Purchaser, its successors and permitted assigns, all of Seller’s rights, title and interest in and to the Accounts free and clear of any and all Encumbrances. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 18‘“, day of December 201 8. SELLER: JTM Capital Management, LLC By: }~7O Nameflcob Adamo Title: President EJG-HBIT A T0 NETCREDIT ADDENDUM FORM 0F ADDENDUM AND BILL OF SALE TO FORWARD FLOW ACCOUNTS SALE AGREEMENT ADDENDUM AND BILL OF SALE NUMBER _24_ TO FORWARD FLOW ACCOUNT SALES AGREEMENT This Addendum and Bill of Sale Number 24 is an addendum lo that certain Amendment (“Amendment”) dated August l, 20] 7, to that certain Forward Flow Accounts Salc Agreement (the “Agreemenr“). dated July 25, 2016, by and between JTM Capital Management. LLC, now known as UHG I LLC, a New York limited liability company, with its principal place 0f business at 6400 Sheridan Road, Suite I38, Williamsville, NY (“Buyer"), and CNU Online Holdings, LLC. a Delaware lim ited liability company (“CNU”), with its principal place of business at I75 West Jackson Boulevard, Suite 1000, Chicago. Illinois 60604 on its own behalf and in its capacity as an authorized agent for each of its wholly-owncd domestic subsidiaries listed on Exhibit A to the Agmcment which are separately and collectively referred to herein as the “NetCredit Afi'fliatdsfi and CNU and all NetCreditAffiliates are collectively referred to herein as the “Seller”). If there are any conflicts or inconsistencies between the terms of this Addendum and Bill of Sale and the terms 0f the Agreement and Addendum l. the terms of this Addendum and Bill of Sale shall control. Capitalized tcnns not otherwise defined in this Addendum and Bill of Sale shall have the meanings assigned to such terms in the Agreement and/or Addendum 1. Description of Accounts {Electronic Account Listing) and Account Detail attached hereto as Exhibit “l” Apglicable Purchase Price Pememage: Uggaid Balance ofall the Accounts: Num r of Accounts: Purchag Price: Closing Date: March 4: 2020 Seller hereby sells the Accounts described 0n Exhibit “l " attached hereto. upon the terms and conditions set forth above and in the Agreement. NOW, THEREFORE, for good and vaIuablc consideration, Scllcr hereby sells, assigns, and transfers to Buyer an of Seller‘s rights. title and interest in each and every one 0fthe Accounts described in the applicabie Exhibit A; provided however, such sale, assignment and transfer is made without any representations, warranties or recourse, except as provided in :he Agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have signed and delivered this Addendum and Bill ofSale effective as of March 4, 2020. Buyer Seller UHG I LLC CNU Online Holdings, LLC, on its own behalf and its capacity as an authorized agent for eacflf% NetCredit Amliatos By: A /’> By: 1/V Name: Jgusw Nag; Title: éoo Title: Mlkwmsk {?A/ account_id |oan_number address apt.or_unit_number city 6070 1230 San Tomas Aquino Road San Jose state_abbr zip own_or_rent home_number home_autodialing_consent mobile_number CA 95117 Rent - FALSE mobi|e_autodia|ing_consent work_phone_number w_is_mobi|e w_autodialing_consent- FALSE TRUE email_address first_name middle_name last_name date_of_birth best_time_to_ca|l Octavio p Carrmo - Morning ssn third_party_authorizations disbursement_date outstanding_balance principal_owed- N/A 10/24/2018 4686.10 3356.02 interest_owed late_fee_owed last_successfu|_payment_date date_charge_off 1210.08 120.00 12/21/2018 5/6/2019 last_successfu|_payment_amount 134.54 last_ach_retum_reason |ast_ach_return_code Insufficient funds in receiver’s account (debit transactions only) R01 last_ach_retum_date number_of_good_payments number_of_installments 4/1/2019 4 87.00 original_principal_balance amount_paid employee_type occupation company 3370.00 538.16 Employment Burlington job_position income_type pay_frequency salary bank_name Operation Manager direct_deposit Every 2 weeks on Fridays 1350.00 BANK OF AMERICA, N.A. bank_account_type routing_number bank_account number origina|_creditor creditor checking - netcredit netcredit batch_number agency_id etl_date 030420206UHG_ONE_AGENCY 6 3/4/2020 EXHIBIT B CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND ‘PROMISSORY NOTE Loan #: Projected Disbursement Date: -070 Oct 24, 2018 Account ID: Creditor: Borrower: NC Financial Solutions of California, LLC, d/b/a NetCredit Octavio P Carrillo I75 W Jackson Blvd, 1230 san tomas aquino mad, Suite I000 San Jose, CA 9511 7 Chicago, IL 60604 877-392-2014 This California Consumer Instalhnent Loan Agreement and Promissory Note (hereinafter the “Agreement”) includes the disclosures above, the Federal Truth in Lending Act Disclosures immediately below (“TILA Disclosures”) and the Additional Terms. In this Agreement, the words "you," "your" and “I” mean the borrower who has electronically signed it and the words "we," "us" and "our" mean NC Financial Solutions of California, LLC, d/b/a NetCredit (License No. 603K020) ("Lender"). We are a consumer installment lender. The loan is made pursuant to the California Financing Law, Division 9 (commencing with Section 22000) of the Financial Code. The California Department of Business Oversight regulates us (collectively, the parties). FOR MORE INFORMATION CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. You may contact our regulator at the California Department of Business Oversight, Consumer Services Ofl'ice, 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344. The Department’s website is ImpM/wwwdbaggg. The Department’s phone numbers are: (213) 576-7500 or (866) 275-2677. You acknowledge this loan is for personal, family, or household purposes. Before we disburse Loan funds, we will seek to verify the information we have collected in connection with your request for a Loan. Such verification may require you to provide additional information to us. You agree that, in the event that we axe unable to complete the verification to our satisfaction, we are not obligated to disburse Loan funds. Ifwe do not disburse Loan funds, we will notify you at the e-mail address you provided on your application. Certain of the TILA Disclosures are based on our expectation that Loan funds will be disbursed to you on the Projected Disbuxsement Date set forth above. Banking delays or holidays, or delays in mahng contact with you to verify the information you have provided to us, may cause the Loan funds to be disbursed later. We will begin accruing interest on the date the Loan fimds are actually disbursed by us. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION OR ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IF WE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT T0 A JURY TRIAL OR THE RIGHT T0 PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. FEDERAL TRUTH IN LENDING ACT DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed The Total of Payments The amount you RATE The cost ofyour The dollar amount the amount of credit provided will have paid after you have made credit as a yearly rate. credit will cost you. to you or on your behalf. all payments as scheduled 97.63% (e) $7,257.17 (e) $3,370.00 $10,627.17 (e) Payment Schedule (e): Payment number Amount ofPayments When Payments Are Due 1 $134.54 Nov 9, 2018 2 $134.54 Nov 23, 2018 3 $134.54 Dec 7, 2018 4 $134.54 Dec 21, 2018 5 $134.54 Jan 4, 2019 6 $134.54 Jan 18, 2019 7 $134.54 Feb 1, 2019 8 $134.54 Feb 15, 2019 9 $134.54 Mar 1,2019 10 $134.54 Max 15, 2019 11 $134.54 Mar 29, 2019 12 $134.54 Apr 12, 2019 13 $134.54 Apr 26, 2019 14 $134.54 May 10, 2019 15 $134.54 May 24, 2019 16 $134.54 Jun 7, 2019 17 $134.54 Jun 21, 2019 18 $134.54 Jul 5, 2019 19 $134.54 Jul 19,2019 20 $134.54 Aug 2, 2019 21 $134.54 Aug 16, 2019 22 $134.54 Aug 30, 2019 23 $134.54 Sep 13, 2019 24 $134.54 Sep 27, 2019 25 $134.54 Oct ll, 2019 26 $134.54 Oct 25, 2019 27 $134.54 Nov 8, 2019 28 $134.54 Nov 22, 2019 29 $134.54 Dec 6, 2019 30 $134.54 Dec 20, 2019 31 $134.54 Jan 3, 2020 32 $134.54 Jan 17, 2020 33 $134.54 Jan 31, 2020 34 $134.54 Feb 14, 2020 35 $134.54 Feb 28, 2020 36 $134.54 Max 13, 2020 37 $134.54 Mar 27, 2020 38 $134.54 Apr 10, 2020 39 $134.54 Apr 24, 2020 40 $134.54 May 8, 2020 4i $134.54 May 22, 2020 . 42 $134.54 Jun 5, 2020 43 $134.54 Jun l9, 2020 44 $134.54 Jul 3, 2020 45 $1 34.54 Jul 17, 2020 46 $134.54 Jul 31, 2020 47 $134.54 Aug 14, 2020 48 $134.54 Aug 28, 2020 49 $1 34.54 Sep 11, 2020 50 $134.54 Sep 25, 2020 51 $134.54 Oct 9, 2020 52 $134.54 Oct 23, 2020 53 $134.54 Nov 6, 2020 54 $134.54 Nov 20, 2020 55 $1 34.54 Dec 4, 2020 56 $134.54 Dec 18, 2020 57 $134.54 Dec 31, 2020 58 $134.54 Jan 15, 2021 59 $134.54 Jan 29, 2021 60 $134.54 Feb 12, 2021 61 $134.54 Feb 26, 2021 62 $134.54 Mar 12, 2021 63 $134.54 Mar 26, 2021 64 $134.54 Apr 9, 2021 65 $134.54 Apr 23, 2021 66 $134.54 May 7, 2021 67 $134.54 May 21, 2021 68 $1 34.54 Jun 4, 2021 69 $134.54 Jun 18, 2021 70 $134.54 Jul 2, 2021 71 $134.54 Jul 16, 2021 72 $134.54 Jul 30, 2021 73 $134.54 Aug 13, 2021 74 $134.54 Aug 27, 2021 75 $134.54 Sep 10, 2021 76 $134.54 Sep 24, 2021 77 $134.54 Oct 8, 2021 78 $134.54 Oct 22, 2021 79 $133.05 Nov 5, 2021 Security: You are giving a security interest in the Payment Authorization. Late Charge: Ifyou fail to make all or any part of a scheduled installment payment within 15 days of its scheduled installment due date, you may be charged a late charge of $1 5.00. Prepayment: Ifyou prepay in full before the cancellation deadline described below, you may be entitled to a refimd of part of the finance charge. Ifyou pay in full or in part afier this, you Will not have to pay a penalty. Contract Reference: See the Additional Terms for any additional information about nonpayment, default, our fight to .accelerate maturity of this Agreement and prepayment rebates and penalties. (e) means estimate. ITEMIZATION OF AMOUNT FINANCED 0F $3,370.00 Amount given to you directly $397.90 Amount paid on Installment Loan No. 2017CA574756778 with NC Financial Solutiom of California, LLC, d/b/a NetCredit $2,972.10 ADDITIONAL TERMS PROMISE TO PAY, LATE CHARGE, AND CALCULATION OF INTEREST. You promise to pay us $3,370.00 (the amount of the principal) plus interest from the date the Loan Funds are actually disbursed to you until the final installment due date set forth in the payment schedule above (“Payment Schedule”), or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing (“Maturity Date”). You also promise to pay any other charges provided for under this Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Agreement assuming you pay all your scheduled installment payments when due according to the Payment Schedule (and assuming your Loan is disbursed on the Projected Disbursement Date). You promise to make the payments you owe by authorizing us to initiate electronic fimd transfers from a deposit account 0f yours; 0r, in the event that we are unable to process electronic fund transfers, by making payment by another method acceptable to us. In order for your payment to be considered timely, it must be submitted by the cut-ofi' time applicable to your method ofpayment, which can be found at h_ttps://www.netcredit.com/faq. Ifyou fail to make all or any part of a scheduled installment payment within 15 days of its scheduled installment due date, you may be charged a late charge of $15.00. We charge interest under an adjusted daily simple interest method at the annual rate of 98.00% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contract Rate to the “Adjusted Principal Balance” from the actual disbursement date until the earlier of (i) the Maturity Date, (ii) prepayment in fill], or (iii) acceleration pursuant to the default provisions. The tenn “Adjusted Principal Balance” (hereinafier the “APB”) means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments of principal. “Timely” means making payment in accordance with the Payment Schedule or any adjusted payment schedule agreed to by the parties and confirmed by us in writing. The APB will equal the outstanding loan principal balance ifyou make all payments timely and no other payments. You will not be required to pay more total interest than the amount set forth in the Finance Charge box above (unless your Loan is disbursed before the Projected Disbursement Date). PREPAYMENT. You have the right to prepay in full or in part at any time. You will not incur an additional charge, fee or penalty for prepayment. Prepayments ofprincipal may reduce the total amount of interest you pay under this Agreement. To process a partial or full prepayment or receive a payofi‘ balance, you should call us at (877)392-2014 or tell us ofyour intent to prepay in writing via fax at (855)878-1068 or email at §§pp_gt_@netcredit.com. Please note that, unless otherwise specified, any payofi' amount we provide will be calculated as of the date we expect to seek payment from your deposit account for the balance owing. CANCELLATION. You have the right to cancel this Loan until 06:00 PM Eastern Time on the next business day immediately following the day we disburse the proceeds ofyour Loan or, in the case of a refinancing, the third business day immediately following the day we apply your Loan proceeds to pay off another loan (as applicable, the “Cancellation Deadline”). To cancel, you must, no later than the Cancellation Deadline, inform us in writing via fax at (855)878-1 O68 or email at mpm@n§mr§digflggm of your intent to cancel, which will authorize us to debit for the principal amount of the Loan, as described below. Ifyou seek to cancel and your cancellation payment is successful, all interest that has accrued will be waived and you will have no further payment obligations under this Agreement. Ifyou seek to cancel but your cancellation payment is returned unpaid or is otherwise not successful, your Loan will not be cancelled and your obligafions under this Agreement will continue just as ifyou had not attempted to cancel. APPLICATION OF PAYMENTS. Payments will be applied first to satisfy any past due amounts owing, and then to any currently scheduled installment amounts owing. Ifyou are past due, we credit all payments received first to the oldest past due amounts owing by applying such first to unpaid fees, second to accumulated but unpaid interest, and third to past due principal owing. We repeat the process until all past due amounts have been paid in full. Ifyou are not past due, we credit all payments to the current or upcoming scheduled installment by applying such first to fees, second to interest, and third to principal as of the date received. If an early payment is less than the amount of the next scheduled installment, then you must pay the difference on or before the corresponding installment due date. Making an installment payment in excess ofwhat is due may reduce the total amount of interest you are scheduled to pay under this Agreement and your remaining payments (starting with your last payment and working backwards). However, you cannot generally rely on an excess payment made on or before one installment due date to satisfy the installment obligation associated with the next installment due date. For example, ifyou have a 12-insmllment loan and, on your second installment due date, you make a double payment, you will still owe a regular installment payment on your third due date (but that extra payment will likely reduce the amount of interest you pay and may reduce or eliminate your twelfth installment payment). ELECTRONIC FUND TRANSFER AUTHORIZATION FORYOUR LOAN PROCEEDS. You authorize us to initiate an electronic fund transfer (“EFT”) to credit the checking or savings account specified in your Application/Data Verification form or any substitute account you may later provide us (the “Deposit Account”) with the proceeds ofyour Loan. In the event that we make an error in processing this EFT, you further authorize us to initiate an EFT to the Deposit Account to correct the error. You authorize us to initiate EFT credits to the Deposit Account as may be necessary to obtain an accurate balance under this Agreement. PAYMENT AUTHORIZATION. EFT Authorization for Installment Payments; Error Correction; and in the Event of Acceleration, the Loan Balance You authorize us (which includes, for the purpose of this Payment Authorizafion, our servicers/service providers, successors and assigns and the servicers/service providers of our successors and assigns) to initiate an EFT through the ACH network (or another network of our choosing) from the Deposit Account for the following: o Each of the installment payments due under the Agreement (or, ifyou make a partial installment payment, the amount ofthe installment less the amount of any such payment) on or after its due date, including any payment due on a non- banking day, which will be processed on the following banking day; o In the event that you fail to make all or any part of a scheduled payment within 15 days of its scheduled installment due date, you may be charged a late charge of $1 5.00 on or afier the next scheduled installment due date; o The final installment payment due, which may vary based upon payment history (including early payments or extra payments) during the course of the Agreement; 0 In the event that you cancel the loan as prescribed in the Cancellafion provision above, the entire loan principal within two business days oftimely cancellation; o In the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including all accrued and unpaid interest that you owe under this Agreement, due and payable, the Accelerated Balance on or afier the date we accelerate; and o The amount required to correct any error we make in processing an EFT on or afier the date we make the error. If any payment cannot be obtained by EFT, you remain responsible for such payment under the Agreement. You agree that we may resubmit any returned EFT as permitted by law and network rules. Ifyou incur any late charges, you agree to allow us to add the amount of such late charge that comes due to your next scheduled installment EFT or to initiate a separate EFT for the late charge on the date ofyour next scheduled installment EFT. The amount of any EFT for a scheduled installment payment may be reduced by any amount we receive in advance of the EFT that reduces the installment due. You I acknowledge that the origination ofEFT transactions to the Deposit Account must comply with the provisions ofU.S. law. Modified Charges Instead of or in addition to any of the EFTs described above, you authorize us to process any EFTs you subsequently confinn by phone, fax, text message, email, or by logging into the online Loan account portal. Right to Stop Payment and Procedure for Doing So You may terminate one or all of the authorizafions to initiate EFTs from the Deposit Account set forth above by calling us, c/o NetCredit, at (877)392-2014, or writing us via fax at (855)878-1068 or e-mail at flppo_rt@netcredit.cgm. We will discontinue initiating any EFTs you specify as soon as we reasonably can and, in any event, within three business days afier receiving your termination request. In the event that you terminate this authorization, you may make payments on your loan by calling us at (877)392-2014 to initiate repayment by debit card, money order, Western Union, or MoneyGram or by sending us a check to NetCredjt, P.O. Box 206766, Dallas, TX 75320-6766. The Individual account ID and Customer Name should be included with payment. No correspondence should be included. Range of Varying Amounts Your scheduled installment payments provided in the Payment Schedule shown above will vary if: (1) you make partial payments; and/or (2) you are assessed any late charges pursuant to the Agreement. The range ofyour scheduled installment payments will normally not vary by more than the amount necessary for such adjustments. Ifyour scheduled installment payment exceeds the described range, we will send you notice at least ten (10) days in advance of the payment. You may elect to receive notice in advance of any payment amount that varies from that which is in your payment schedule or your most recent payment. To receive advance notice of all varying amount payments, you may call us, c/o NetCredit, at (877)392-2014, or write us via fax at (855)878-1068 0r e-mail at glppfl@netcredjt.com. Your Deposit Account Information If there is any missing or erroneous information concerning your Deposit Account or the financial institution that holds it, then you authorize us to verify and correct such information. You have given us certain information about your Deposit Account so that we can verify the account number and routing number and you acknowledge that your Deposit Account is a legitimate, open, and active account. Fees Your Financial Institution May Charge You For Rejected Payments You understand that the financial institution holding your Deposit Account may impose additional fees in connection with returned or rejected EFTs, and you agree that we do not have any liability regarding any such fees. IN THE EVENT THAT YOU D0 NOT HAVE SUFFICIENT FUNDS IN YOUR DEPOSIT ACCOUNT T0 COVER THE AMOUNT 0F ANY EFT AUTHORIZED HERE, YOU SHOULD CONTACT US AT LEAST THREE BUSINESS DAYS 1N ADVANCE OF OUR INITIATING THE EFI‘ SO THAT WE CAN STOP THE EFT AND ARRANGE FORAN ALTERNATIVE METHOD 0F REPAYMENT. Full Force and Effect This Payment Authorization will remain in full force and efi‘ect until (i) we have received notification from you, as instructed above, of its tennination in such time and in such manner as to afiord us and the financial institution holding the Deposit Account a reasonable opportunity to act on it, or (ii) upon full and final payment of the amount you owe us under this Agreement. Optional Nature of Authorization Please note that you are not required to authorize us to initiate EFTs for your installment payments to enter into this Agreement. You have the option of arranging to make your installment payments by a method that does not involve EFTs. ' You agree that making your installment payments by EFT is for your convenience. By entering the last four digits ofyour Social Security Number and signing this Payment Authon'zation and clicking the “I AGREE” button below, you acknowledge that you are voluntarily choosing to make your installment payments by EFT. SECURITY. Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Stafi'Commentary to Regulation Z §1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because Federal and California law do not clearly address whether our interest in the ACH Authorization is a "security interest." WAIVER OF JURY TRIAL. Subject to the Arbitration Provision, ifyou sign this Agreement you waive your right to have a jury trial to resolve any dispute you may have against us or a related third party. This Waiver of Jury Trial provision does not apply to you if, at the time of entering into this Agreement, you are a member of the armed forces or a dependent of such a member covered by the Federal Military Lending Act. DEFAULT AND ACCELERATION. Subject to any applicable law which may require that we notify and/or give you a right to cure your default, we may declare you in default under this Agreement for any of the following reasons: (i) ifyou do not pay in fill] a payment in accordance with the Payment Schedule or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing; (ii) ifyou violate any promise you make to us in this Agreement; (iii) ifyou file for protection under the United States Banlu'uptcy Code, or become subject to a proceeding which seeks relief from debt; (iv) ifyou have made a false or misleading statement about an important matter in connection with this Agreement, including your application for credit; or (v) you die or become legally incompetent. In the event of default, we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges permitted by law, immediately due and payable; (ii) proceed to reduce our claim to a judgment in accordance with applicable law; and (iii) exercise any other rights we have under this Agreement or the law. To the extent permitted by applicable law, you agree to pay our court costs, reasonable attorneys’ fees and other collection costs related to the default. NON-WAIVER OF OUR RIGHTS. By choosing any one or more of these remedies listed above, we do not give up om- right to use another remedy later. By deciding not to use any remedy should you be in default, we do not give up our right to consider the event a default if it happens again. We may delay or refrain from enforcing any of our fights under this Agreement without waiving such rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us. CREDIT REPORTING. We may report information about your Loan to credit bureaus. Late payments, missed payments or other defaults on your Loan may be reflected in your credit report. If you believe that any information about your Loan that we have furnished to a consumer reporting agency is inaccurate, or ifyou believe that you have been the victim of identity theft in connection with any Loan made by us, write to us at NC Financial Solutions of California, LLC. Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. In your letter (i) provide your name and Loan number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report. GOVERNING LAW AND EXECUTION. This Agreement (other than the Arbitmtion Provision) and all related disputes are governed by the laws of the United States and the State of California. Except as provided in the ARBITRATIQN PRQVISIS2N, if any provision of this Agreement is ‘ determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. This Agreement is a final expression of the agreement between you and us and this Agreement may not be comradicted by evidence of any alleged oral agreement. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall release any party from liability unless otherwise expressly stated in writing. All of our rights are cumulative. Ifwe approve this Agreement, then you agree that this Agreement will be binding and enforceable as to both parties. CORRESPONDENCE. A11 notices to us must be sent via fax at (855)878-1 068 or e-mail at gumm@netcredit.com (“the Notice Address”), with such attention as may be specified in this Agreement. To the extent permitted under applicable law, any notice you send us will not be efl‘ective until we receive and have had a reasonable opportunity to act on such notice. Any written or elchonic correspondence we send to you will be effective and deemed delivered when sent in accordance with any authorization for electronic communications you execute or mailed to you at your mail address, as it appears on our records. BANKRUPTCY. All bankmptcy notices and related correspondence to us must be sent to the Notice Address, Attn: Bankruptcy Notice. You promise that you have no current intent to file any bankruptcy petition and have not consulted a bankruptcy attorney in the past six months. CHANGE IN CIRCUMSTANCES. You must notify us of any changes to your name, mailing or email address, or phone number (including your cell phone number) Within fifieen (15) days by writing us at the Notice Address or going on www.netcredit.com (the “Website”). We will rely on your mail and email addresses as they appear on our records for any and all communications we send you by mail or email unless and until either you or, in the case of you: mailing address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable opportunity to act on such notice. PARTIAL PAYMENTS MARKED PAYBIENT IN FULL; SETTLEMENTS. Any check or other payment you send us for less than the total outstanding balance due under this Agreement that is marked “payment in full” or with any similar language or that you otherwise tender as full satisfaction of a disputed amount must be sent to NetCredit, P.O. Box 206766, Dallas, TX 75320-6766. We may deposit any such payment without such deposit efi‘ecting a satisfaction of the disputed amount. Any settlement of your Account balance for less than what is owed requires our written agreement INADVERTENT OVERCHARGES. It is not our intention to charge any interest, fees or other amounts in excess ofthose permitted by applicable law or this Agreement. If any interest, fee or other amount is determined to be in excess of that permitted by applicable law or this Agreement, the excess amount will be applied to reduce the outstanding balance due under this Agreement or, if there is no outstanding balance, will be refimded to you. CREDIT REPORTS; CREDIT HISTORY. You authorize us to obtain credit and other reports about you from time to time. CONTACTING YOU; PHONE AND TEXT NIESSAGES; CALL RECORDING. You authon'ze us and our assignees and the afiiliates, agents, representatives, assigns and service providers ofus and our assignees (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Agreement, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such conmcts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the ' Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. ASSIGNMENT. We may sell or otherwise transfer our rights under this Agreement and amounts owed by you to another creditor at any time. Ifwe do, this Agreement will remain in efi‘ect. You may not transfer your rights under this Agreement. Any attempt to do so will be void. MILITARY LENDING ACT. general The Military Lending Act provides protections for certain members of the Armed Forces and their dependents (“Covered Borrowers”). The provisions of this section apply to Covered Borrowers. If you would like more information about whether you are a Covered Borrower and whether this section applies to you, please contact us at (877)392-2014. Statement ofMAPR Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 36 percent. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account). Qral Disglgsures Before signing this Agreement, in order to hear important disclosures and payment information about this Agreement, please call (877)392-2014. Covered Borrowers Savings Clause The provisions of this Paragraph apply only to a “Covered Borrower” as that term is defined by 32 C.F.R. § 232.3(g). If any contract provision not identified herein is contrary to the rights and protections afl'orded to you by Federal law pursuant to 10 U.S.C. § 987 and its implementing regulations, including, but not limited to 32 C.F.R. § 232.8, then the conflicting provisions or proscribed terms are inoperative, and shall have no force and effect. However, all remaining contract terms and provisions not proscribed or prohibited shall remain in full force and effect. MISCELLANEOUS. The section headings used in this Agreement are for convenience ofreference only and do not in any way limit or define your or our rights or obligations hereunder. If any provision of this Agreement is invalid or unenforceable under any law, rule or regulation, it shall not afl‘ect the validity or enforceability of any other provision of this Agreement. Except as otherwise provided in this Agreement or as required by applicable law, we will not be responsible for any claim or defense you may have against any third party that arises out of or in connection with this Agreement. ARBITRATION PROVISION. Arbiimtion is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an "arbitrator") for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the disputc(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbi1Iator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an aI’oitrator's decision. THIS ARBITRATION PROVISION APPLIES UNLESS (1) YOU HAVE EXERCISED OR EXERCISE YOUR RIGHT T0 REJECT ARBITRATION 0R (2) AS OF THE DATE OF THIS AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT 0F SUCH MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHERYOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT (877)392-2014. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO OPT-OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU D0 NOT D0 SO: l. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY 0R A COURT, OTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT 0F LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR T0 PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT T0 ARBITRATION. TI-EREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: Interstate Commgrce This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law. SfllLe For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the relationship between you and us, the information you gave us before entering into this Agreement, including your application, and/or any past agreement or agreements between you and us, any loan or credit product or related product or services obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross- claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims based upon contract, ton, fraud, or other intentional torts; (d) all claims based upon a violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, oficers, shareholders, governors, managers, members, parent company or afiliated entiu’es, or assignees (including but not limited to NetCredit) or against the servicer of your Loan (including but not limited to NetCredit) (hereinafier collectively referred to as "related third parties"), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you assert a Claim against such other persons and entities in connection With a Claim you assert against us or related third parties; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. Notwithstanding the foregoing, the word “Claim” does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the provision titled "Class Action Waiver" set forth below, subpans A and B of the provision titled "Binding Efiect; Survival; Severability" set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbiu'ator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for ~ the arbitrator, not a court, to decide. In addition, this Arbitration Provision Will not apply to (1) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action filed in court that is pending as of the efi'ective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending. Class Action Waivgr Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member, or (b) to join or consolidate Claims with Claims of any other persons. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claims brought by such an agency). An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Class Action Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator. Electing Arbitration A party may elect arbitration ofa Claim by sending 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. Your notice must be sent to NetCredit, Attn: General Counsel, 175 W. Jackson B1vd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent addIess for you in our files. If a lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in The lawsuit, such as a motion to compel arbitration. Administrator Regardless ofwho demands arbitration, you shall have the right to select either ofthe following arbiu'ation organizations to administer the arbitration: the Amen'can Arbitlation Association, 120 Broadway, Floor 21 , New York, NY 10271 (1-800- 778-7879), 1_1t_tp://www.adr.org; or JAMS, 8401 N. Cerma] Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), IfipJ/jamsadmom. However, the parties may agree to a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If the AAA and JAMS are unable or unwilling to serve as administrator, or the parties are unable to agree upon another administator, a court with jurisdiction shall determine the administrator or arbitrator. The arbitration hearing will take place at a locafion reasonably convenient to where you reside. Ifyou demand arbitration, you must inform us in your demand of the arbittation organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitmtion organization or your desire to select a local arbitrator. Your notice must be sent to NetCredit, Atm: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Ifyou fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of this arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In an event of a conflict between the provisions of the Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitation proceeding in accordance with the administrator’s rules and procedures. Non-Waiver Even if all parties have opted to litigate a Claim in court, you or we may elect arbitmtion with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. For example, ifwe file a lawsuit against you in court to recover amounts due under the Agreement, you have the right to request arbiu'ation, but ifyou do not elect to request arbitration, we reserve and do not waive the n'ght to request axbitmtion of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. This AIbih'ation Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the efiective date of this Arbin'ation Provision. Arhitrgggr and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The mbitrator Will not be bound by judicial rules ofprocedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitations and privileges that a court would apply if the matter were pending in comt. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, which would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (Which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). No arbitration award involving the parties Will have any preclusive efl‘ect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive efi‘ect in an arbitration between the parties to this Arbitration Provision. Fges and Qosts At your wn'tten request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration afier you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (Ifyou have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). We will not seek reimbursement of such fees from you even ifwe prevail in the arbitration. In addition, the adminisfiator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator’s rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator Will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the administator’s rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or ifwe must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a briefexplanation of the grounds for the decision. A9993! The arbitrator’s award shall be final and binding on all parties, except for any right ofappeal provided by the FAA. However, if the amount in controversy exceeds $50,000, and ifpermitted by the Administrator’s rules, you or we can, within 14 days afier the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Provision to “the arbitlator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above titled “Fees and Costs.” Any final decision of the appeal is subject to judicial review only as provided under the FAA. A judgment on the award may be entered by any court having jurisdiction. ic n r fiMym. gm Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and efi‘ective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis ofyour Claim and the ‘ amount you would accept to resolve the Claim; (d) state that you are exercising youx rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at NetCredit, Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit you for the standard cost of a certified letter. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate With us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the reliefyou request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitmtion fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated. BindingEfim;m;§w&bflt¥ This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision shall survive any bankruptcy to the extent consistent With applicable banla'uptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement and any transaction between you and us and continues in full force and efi'ect unless you and we otherwise agree in writing. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as follows: A. The parties to this Arbitration Provision acknowledge that the provision titled "Class Action Waiver" is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbiu'ated. B. If a Claim is brought seeking public injunctive relief and a court determines that the restn'ctions in the provision titled "Class Action Waiver" prohibiting the arbitrator from awarding relief on behalfof third parties are unenforceable with respect to such Claim (and that determination becomes final afier all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties Will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual reliefhas been entered in court. In no event will a Claim for public injunctive reliefbe arbitrated. Qplemmcgss You may choose to opt out of this Arbitration Provision but only by following the process set forth below. Ifyou do not wish to be subject to this Arbitration Provision, then you must notify us in writing postmarked within sixty (60) calendar days of the date of this Agreement at the following address: NetCredit, Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Your nofice must be sent to us by cerfified mail, return receipt requested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of a certified letter. Your Opt-Out Notice must include your name, address, Social Security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision and must not be sent with any other correspondence. Indicating your desire to opt out of this Arbitration Provision will not afi‘ect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision between you and us. REASONABLE ACCOMMODATION. Individuals with disabilities who require an accommodation to access our products or services should contact us via email at s_uppoLrt@netcredit.com; by telephone at (877)392-2014; or by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Please note that we may need advance notice to provide certain accommodations. MORTANT NOTICES REQUIRED BY LAW California Residents You agree that we may access your credit report in connection With any transaction, or extension of credit, and on an ongoing basis, for the purpose ofreviewing this Agreement, taking collection acfion on this Agreement, or for any other legitimate purposes associated with this Agreement. Upon your request, you will be informed ofwhether or not a consumer credit report was ordered, and if it was, you Will be given the name and address of the consumer reporfing agency that furnished the report. 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 ifyou fail to fulfill the terms ofyour credit obligations. Broker You represent and warrant that no person has performed any act as a broker in connection with the mah'ng of this loan. By clicking the "I AGREE" button below and providing any additional information as may be requested below, you understand and acknowledge that you are taking the following three (3) separate actions: 1. PAYLIENT AUTHORIZATION By typing in the last four digits of your Social Security number below and clicking the “I Agree” button below, you are electronically signing the Payment Authorization and you certify that you have fillly read and understood the sections of this Agreement captioned "PAYMENT AUTHORIZATION" and " LEQTRQNIC FUND TRANSFER AUTHORIZATIQN FOR YOUR LOAN PROCEEDS", you agree to comply with, and be bound by, their terms and you agree and understand that you are authon'zing us to credit your Deposit Account with the proceeds ofyour Loan and to seek payment from this Deposit Account for the amounts owed under this Agreement as set forth in those sections. Enter the last 4 digits of your Social Security Number- Please note that we separately authenticate the above electronic signature when you click the "I Agree" button below 2. AGREEMENT TO INSTALLMENT LOAN AGREEDIENT By entering your name and social security number below and clicking the “I AGREE” button below, you are electronically signing this Agreement and acknowledging that (a) you understand that NetCredit would be your lender under the above Agreement; (b) the Agreement was filled in before you signed it and that you have reviewed the entire Agreement, including e FEDERAL TRUTH-IN-LENDIN DISCLOSURES; (c) you have reviewed and agree to NetCredit's PRIVA Y POLICY; (d) you acknowledge that your n'ght to file suit against us for any claim or dispute regarding this Agreement is limited by the WAIVER and ARBITRATION provisions; (e) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for reliefunder any chapter of the United States Bankruptcy Code; and (f) you acknowledge that you have read and understood all of the terms of this Agreement, including the provisions mentioned above and you agree to comply with, and be bound by, all of those tenns. Please note that when you click the 'I Agree' button below, we authenticate your electronic signature and we also separately authenticate your electronic signature for the PAYMEN 1 AU 1 HQRIZATIQN that you sepamtely and voluntarily entered above. YOU SHOULD PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. AN ELECTRONIC COPY WILL BE MAINTAINED ON THIS WEBSITE IN YOUR PASSWORD PROTECTED CUSTOMER HISTORY. Any comments or questions may be directed to our Customer Comment Line at the following toll-fi'ee number: (877)392-2014 or via e-mail to flppm@netcredit.com. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION OR ARE A MEMBER 0F THE ARMED FORCES 0R A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IF WE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL 0R THE RIGHT T0 PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. 3. CONSENT TO ELECTRONIC SIGNATURES By clicking the “I AGREE” button below, you have consented to sign this Agreement using an electronic signature, you intend: (i) your electronic signature to be an electronic signature under applicable federal and state law; (ii) any printout of an electonic record of this Agreement and related notices to be an original document; (iii) to conduct business With Lender by electronic records and electronic signatures; and (iv) this Agreement will not be governed by Article 3 of the Uniform Commercial Code. NOTICE To BORROWER (a) Do NOT SIGN THIS AGREEMENT BEFORE YOU READ THEWRmNG ABOVE, EVEN IF OTHERWISE ADVISED. CAUTION-rr Is IMPORTANT THAT YOU (b) D0 NOT SIGNngffggflg IF IT CONTAINS AN i THOROUBcgg‘gRIEEQgUISHIEcgfifEEmNT (c) YOU ARE ENTITLED To AN EXACT COPY 0F ANY ' AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME To PAY 1N ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT WITHOUT PENALTY. By clicking "I Agree" below, I acknowledge and agree that NetCredit is unable to accept any payments on my account while my refinance is being processed. Note that if NetCredit is unable to complete the funding on your refinance, the original loan agreement and all of its terms and conditions will continue to be in effect. By clicking "I Agree" below, I understand that an inquiry Will be rtm on my credit report, which may impact my credit score. Signature block: Signed At: 10:30 PM on October 22, 201 8 Connected From: 66.87.119. 138 Signed By: Octavio P Carrillo- Signed As: Octavio P Carrillo- Contract: {SHA} 35d07091eb7980a4f1 5d7ad1 30fO9fa46d5db592 ACH Authorization: {SHA} 08509197808019f870a58f56df42fcd00f58ae7 NetCredit Signature Block: Signed at: 12:1 5 AM on October 24, 201 8 Signed by: David Fisher, President, NC Financial Solutions, LLC, as sole member ofNC Financial Solutions of California, LLC (dfb/a NetCredit) NetCredit: {SHA} dOe4b9141deedd21 57e6825f6364c2feca785b74 EXHIBIT C loan_number id account_id state first_name last_name loan_id activity_type-6070 884 _ CA Octavio P Carrillo -5158 payment-6070 884 - CA Octavio P Carrillo -5158 payment-6070 884 - CA Octavio P Carrillo -5158 payment_607O 884 _ CA Octavio P Carrillo -5158 payment-6070 884 CA Octavio P Carrillo -5158 default-6070 884 - CA Octavio P Carrillo -5158 default-6070 884 _ CA Octavio P Carrillo -5158 default-6070 884 - CA Octavio P Carrillo -5158 default-6070 884 _ CA Octavio P Carrillo -5158 default-6070 884 CA Octavio P Carrillo -5158 default_6070 884 - CA Octavio P Carrilb -5158 default_6070 884 CA Octavio P Carrillo -5158 defautt-6070 884 - CA Octavio P Carrillo -5158 default-6070 884 _ CA Octavio P Carrillo -5158 calLdue event_effective_date agency_id activity_amount past_due_balance_outstanding 11/9/2018 6 134.54 0 11/23/2018 6 134.54 O 12/7/2018 6 134.54 0 12/21/2018 6 134.54 O 1/5/2019 6 134.54 134.54 1/19/2019 6 134.54 269.08 2/2/2019 6 149.54 418.62 2/16/2019 6 149.54 568.16 3/2/2019 6 149.54 717.7 3/16/2019 6 149.54 867.24 3/30/2019 6 149.54 1016.78 4/13/2019 6 149.54 1166.32 4/27/2019 6 149.54 1315.86 5/6/2019 6 3370.24 4686.1 EFS-OZO ATrORNEY 0R PARTY WITHOUT AnORNEY: STATEMR NO: NMEChristopher D. Mandarich SB 220693 Fm NAME Mandarich Law Group, LLP STREE" ADDRESS: P.O. Box 109032 QTY: Chicago STATE IL Pm 60610 TELEPHONE N07: 877.285.49] 8 FAXNOJ 8] 8.888.1260 ENNLADDRESS: ATrORNEY FOR (um): UHG I LLC SUPERIOR COURT 0F CALIWRNIA. COUNTY OF SANTA CLARAmmm: I91 N FIRST STREET MAIUNGADDRESS: cmmnaroooe: SAN JOSE CA 951 l3 mamma- MMWuY WE NUMBER: PLAINTIFFIPErmONER: UHG I LLC 2 1CV38 1 071 DEFENDANTIRESPONDENT: Octavio P Carrillo ”9mm OTHER: pRoposen ORDER (COVER SHEEr) NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent etectmnieelly to the court must be in PDF format and must be attached to flis cover sheet. In addition. a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the atbchod proposed order in PDF format are filed. 1- Name of me party submitfing the proposed order. UHG I LLC 2- Title of the proposed order. Judgment Order 3. The proceeding to whim the proposed odor mlates is: a. Description of proceeding: b. Date and fime: cPlace: 4. mepmposodorderwasservedonmeotherparfiesinmocase. Christopher D. Mandan‘ch SB 220693 } OJMM (rwson PRINT NAME) (SIGNATURE 0FPm ORA'rrom-EV) Plouofz fiwmmu' PROPOSED ORDER (COVER SHEET) 1%fmEMw. Fanny 1,m1] (-Omnlc Hung) mm” EFS-OZO CASE NAME: CASE NUMBER: UHG I LLC v. Octavio P Carrillo 21CV381071 PROOF OF ELECTRONIC SERVICE PROPOSEom 1. lunatleast 18years dd and not: parlytolhls awon.’ 8- My residence or business address is (spedM: b. My electronic service address is (spodM: 2. I electorimlly served me Proposed Order (Cover Shoot) with a proposed order in PDF format attadwed, and a proposed order in an editable word-processing format as follows: a. 0n (name ofperson sewed) (Ifthe person servedls an attomey, the partyorpatfles represented should also b9 stated): b. To (electronic sauce address ofperson servafl: a On (date): E Electronic service of the Hoposod Order (Cover Sheet) with the attached proposed order in PDF fomat and service of the proposed order in an odihble word-pmcessing format on additional persons era described in an attachment I dadare unda penalty of perjury under me Im of me State of caifomia that the foregoing is true and comet. Date: OCT 20 2021 E ._r' ,3. 7 “I'm".z ._ l . 4...“ MORRINTNMEGW m Inn.mmmmfi: PROPOSED ORDER (COVER SHEET) W" '” (Electonlc Flllng) For yourMon and privacy, plus. punt!- Clear TH; Form buuon abr you hive printed flubrm. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (C.C.P. §1013a; 2015.5) STATE 0F CALIFORNIA, COUNTY 0F SANTA CLARA: I am employed in the County of Los Angeles, State of California. I am over the age of eighteen and not a party to the within action. My business address is 9200 Oakdale Avenue, Suite 601, Chatsworth, CA 9131 1. OCT 20 2021On , 2019, I served the foregoing document(s) described as: JUDGMENT URDEK on tHe Interested parties in this actlon as follows: Octavio P Carrillo 1230 SAN TOMAS AQUINO RD APT 215 SAN JOSE CA 951 17 xx BY MAIL placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fillly prepaid. BY UPS Iplaced the above document(s) in sealed envelopes and placed them for deposit with UPS, prepaid for next day delivery. BY FACSIMILE I transmitted the above document(s) by facsimile transmission to the panies and facsimile numbers set forth herein, BY PERSONAL SERVICE Iplaced the above document(s) in sealed envelopes and I delivered them by hand to the offices of the addressee(s). X State: I declare under penalty ofpexjury under the laws of the State of California that the above is true and correct. Federal: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on UCT 20 202‘} , 2020, at Chatsworth, California. JUDGMENT ORDER
