DeclarationCal. Super. - 6th Dist.April 28, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/26/2021 2:09 PM Reviewed By: A. Villanueva Case #21CV381114 Envelope: 7146551 21CV381114 Santa Clara - Civil A. Villanueva ChristOpher D. Mandarich SB 220693 Ajay Sood 83325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, 1L 60610 Telephofie: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plainn'ff: UHG'ILLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - LIMITED UHG I LLC, ) Case No.2 21CV381 I 14 Plaintiff, ) ) vs. ) ) DECLARATION IN SUPPORT 0F ) APPLICATION FOR DEFAULT Nicolle Marsha“ ) JUDGD’IENT ?URSUANT T0 CIVIL Defendant ) CODE §1788.60(a) ) My name is Kaelyn Kowalik. I am over eighteen years of age, of soundmind and fully competentto make this Declaration, and I have personal knowledge 0f the facts stated herein: 1. I am an account administrator of UHG I LLC, and I am authorized t0 make this declaration on its behalf. I am familiar with the process 0fUHG 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 I LLC, kept in the regular course ofUHG I LLCES business, and UHG I LLC relies upon the accuracy of such documentation in its day to day business activities. CNU OF CALIFORNIA, LLC, D/B/A CASHNETUSA is known by UHG I 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 of UHG I LLC, including the integrated records of' CNU OF CALIFORNIA, LLC, D/B/A CASHNETUSA. These records are kept‘by UHG I LLC in the. regular course 0f business, and it was the regular course 0f business of UHG I LLC for an’ employee or representative of UHG i LLC with know1edge 0f the act, event, condition, opinion, or' diagnosis recorded t0 make the record or t0 transmit information thereofto be included in such record, and the 'rc’cor'd was made at or near the time or reasonably soon thereafter. The records gttached hereto are the original or exact dupiicates of the original. *AC0004358482* 3527013 3. In preparation of this Declaration, i have reviewed UHG l LLC‘S electronic data file 0n Nicolle Marshall along with the Exhibits attached hereto. Based 0n my familiarity with UHG I LLC’S procedures regarding obtaining and iniegrafing account documents upon purchase 0f charged off aCCeunts, my review 'of UHG i LLC’S electronic data file and tile attached Exhibiis, and my general familiarity with this Account, I have personal knowiedgs 0f the account and the mafiers siazed herein are 1mg. According to the eiectmn'ic data file and attached records, I couid and woulé competently testify as t0 the debt as follows: 4. On 0r about , UHG i LLC became the current owaer 0f and successor in interest {'0 the obligation sued upon, and was. assigned all the rights} title and interest to Defendant’s CashNetUSA account XXXX5247 (the. “Account"). 5. This Account was purchased on 0r afier January 15 2014 and, therefore, upen advice of ccunscl, is subject to California Civil Code section 1788.60. 6. In accordance with Caiifomia Civil Code section 1788.58(a)(3.-8), the attached records ofUHG I LLC as well as the UHG l LLC’S eIectrQnic account records show the following relevant information conceming the Account. A. Plaintiff, UHG i LLC is {he sole owner 0fthe Account. B. The Account was opened 02.1 09/012201? and chargcd-Off 0n 04/20/2018 C. UHG I LLC'S records show that‘the balance at charge-off was $5,047.01 and UHG I LLC is not seeking t0 recover posbcharge off interest and/Qr fees that may have been i‘mpased by the chargvoff creditor or subsequent purchasers of the debt and is seeking t0 recover only that portion oflhe charge off balance that remains due and owing as Ofluly 13, 2021 D. The date 0f last payment on the subject account was on October 27, 20] 7 E1. The credimr at the": time 0f Charge-Off is CNU OF CALIFORNIA, LLC, D/B/A CASHNET‘USA, and the charge-offcred£tor’s account number associatca with this debt is XXXX5247. F. The name and Iasz known address 0f {he debtor as they appeared in the charge-off creditor’s records prior t9 the sale 0f the debt is Nicoiie MarshalL 7362 RAWBOW DR #3 CUPERTYNO, CA 95014. G. Plaintiff is the only entity that purchased the debt after charge~0ff and its name and address are as follows: UHG I LLC, 6400 Sheridan Dr Suite 138, Wiiliamsville NY I422}. 8. UHG 1'LLC35 records state that. UHG l LLC or‘its agents made: demand for payment 0fthe balance herein prior to making this declaration and Defendant failed to make full payment 0f the amount oweé on the Account. 9. Attached hereto as Exhibits A-C are the Account records I rcviawed in executing {he deciarazion that relate t0 the Account andfor payment(s) received. EXHIBITA: Debt Proviéer Data document and Chain of Title pursuant t0 Civii Code section 1788.58{a)(3), (4), (5), (7) and (8). EXHIBIT B: Billing Statements andior Loan File, induding but not Hmited t0 {m monthly siatement recording a purchase transaction, iast payment Gr balance transfer where applicable pursuant to Civil Code I788.58(a)(5). EXHIBIT C: Final Billing Statement anci/or transaction history pursuant Civil Code section 1788.58(a)(4) and (6). I hereby declare that the above statements are true and correct t0 the best ofmy knowledge and belief, and that I understand they are made for use as ev§dence in court and are subject to penalty fer perjnry under the laws of‘the state of Califomia. Executed at Erie: New York on “ 2p}? 1:2! . UHG I L By: / Kvaeiyn Kowaiik. Account Adminisimwr for Piaintiff EXHIBIT A ASSIGNMENT AND BILL 0F SALE JTM Capital Management, LLC (the “§§flgf"), has entered into that certain Purchase and Sale Agreement dated December 18‘“ 201 8 (“Aggeement”) by and between the. Seller and UHG, I LLC (the “Purchaser”) for the Assignment and Sale ofAccounts as defined in Exhibit A 0f the Agreement t0 the Seller, upon the terms and conditions set forth in that Agreement. NOW, THEREFORE for good and valuable consideration, receipt 0f which is hereby acknowiedged, the Seller hereby sells, assigns, and transfers t0 the Purchaser, its successors and permitted assigns, all 0f Seller’s rights, title and interest in and t0 the Accounts free and clear 0f any and a1} Encumbrances. {N WITNESS WHEREOF, Selier has signed and delivered this instrument 0n the 18m,‘day of December 201 8. SELLER: JTM Capital Management, LLC 7 //”“ Nameijigmb Adamo Title: President ‘7 r 5i4i§fiicolle Maréhafiww_7§63"€RFN§owBR#3 H WtUHTINO EA 95014 5047.01 0 0 2600 2297.01 150 9/1/2017 M 11/10/2017 4/10/2018 2600 637.47 0 637.47 o 10/27/207 HnetYPefl" ‘ Mobile 5010 biweekly no rent 1 392 14i EXHIBIT B CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE Disbursement Date: Sep 01 20 1 7 Payment Date: Mar 15 201 9 Account #: l5247 Type of Contract: New Loan LICENSED LENDER‘S OFFICE License Number: 603 H010 CNU ofCalifornia, LLC, d/b/a CashNetUSA 1,75 W. Jackson Blvd, Suite I 000, Chicago, JZ 60604 (888) 801-9075 BORROWER nicolle marshall 7362 rainbow dr #3 cupertino, CA 95014 In this califomia Consumer Installment Loan Agreement and Promissory Note, (hereinafier the “Loan Agreement”), the words “you,” “your,” mean the borrower who has electronically signed it. The words “we”, “us” and “our” mean CNU of California, LLC d/b/a CashNetUSA We area consumer installment lender. The loan is made pursuant to the California Finance Lenders Law, Division 9 (commencing with Section 22000) 0f the Financial Code. The Department 0f Business Oversight regulates" us. FOR INFORMATION CONTACT THE DEPARTMENT 0F BUSINESS OVERSIGHT, STATE 0F CALIFORNIA. You may contact our regulator at the California Department ofBusiness Oversight, Consumer Services Office, 320 West 4th Street, Suite 750, Lostngeles, CA 90013-2344. The Department’s website is http://www.corp,ca.gov/de_fault.asp. The Department’s phone numbers are: (21 3) 576-7500 or (866) 275-2677. Y'ou represent that you obtain this loan fOr personal, family, or household purposes. In order to complete your transaction with us, you must electronically sign this Loan Agreement by clicking the “I Agree” button below. We will then approve or deny the Loan Agreement. If the Loan Agreement is approved, it will be consummated as of September 01, 2017 and we will use commercially reasonable efi‘orts to deposit the loan proceeds into Your Bank Account on the Disbursement Date designated above. We rely on the representations ofyou and other parties in determining the Disbursement Date. Despite o'ur best efl‘orts, unavoidable delays as a result of inadvertent processing errors and/or “acts ofGod” may extend the time for the deposit. FEDERAL TRUTHIN LENDING DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total ofPayments RATE The cost of your credit The dollar amount the The amount of credit provided t0 The amount you will have paid afier you have gas a yearly rate. credit will cost you. you or on your behalf. made all payments as scheduled. i , g 184.75% $5687.10 ”$2600.00 §[$8287.1 0 1 Your Payment Schedule will be. I |Paymem NILHAmount of PaymentsflWhen Payments Are Duei |1 ”$21 2.49 3E9/29/201 7 I E ji$212.49 ”10/13/2017 | |3 ”$212.49 [10/27/2017 i i4 “$212.49 7H1/10/2017 | |5 ”$212.49 jfi1/24/2017 ! b “$212.49 “12/08/2017 l |7 W[$212.49 {@22/2017 g |8_ 1&249 “Jl’g1/05/2018 i B jfizuw WWw/zms i m 1&2.” ?@02/2018 j [11 ”$212.49 iW2/16/2013 i 12 “$212.49 [fin/oz/zms I 13 “$212.49 “03/16/2018 l y} [@249 [@30/2018 | [1_5 ”$212.49 §W4/13/2018 i E6 [@249 [M27/2018 | {17 ”$212.49 “05/1 1/201 8 } E8 “$112.49 Jgslzs/zols j m jfizlzw {@08/2018 1 Q0 [|$212.49 §b6/22/2018 I E1 ”$212.49 j|07/06/2018 j [234 “$22.49 jfiwzo/zms I E 1B212.49 j|08/03/2018 1 Qt “$212.49 Tfismams I BS j|$212.49 ”08/31/2018 I E ”El” jfinmms | g7 fl$212.49 7&9/28/2018 L 28 ”$212.49 \le/zms I 29 |$2,12.49 {[10/26/2018 E [30 jg] 2.49 j|11/09/2018 l L31 ”$212.49 “1 1/23/2018 Q 132 “$212.49 “12/07/2018 I 33 “$212.49 |112/21/201 8 I 134 ”$212.49 [@1/04/2019 1 35 [@249 Mn 8/201 9 l 36 ”$212.49 ”02/01/2019 A {37 “$212.49 “02/15/2019 f ‘38 [[321 2.49 “03/01/2019 [ 39 “$212.48 “03/15/2019 } Security You are giving an ACH Authorization as security for this loan. Late Charge Ifa payment is more than 15 days late, you will be charged $15.00. Prepayment Ifyou pay off early, you will not have to pay a penalty. Sec your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and lack of penalties. UP: 14/364 The Itemization ofAmount Financed provision discloses the actual amount of cash you receive and retain. It also discloses the funds paid to third persons. It also discloses any fees, charges, costs, insurance premiums, or other sums 'you paid or we pay on‘your behalfwhen we make the loan. Itemization ofAmount Financed: $2600.00 $2600.00 Amount given directly to yOu PROMISE T0 PAY AND CALCULATION 0F INTEREST ’YOu promise to pay us $2600.00 (the amount of the principal) pins interest as set fbrth in this paragraph from the Disbursement Date 0f this Loan Agreement until the final installment due date set forth in the Payment Schedule above (“Maturity Date”). Youalso promise t0 pa'y any other charges provided for under this Loan Agreement. The FinanCe Charge disclosure above represents the amount of interest you will pay under this'Loan Agreement assuming you pay all your scheduled installment payments when due. You promise to pay'us the amounts Scheduled 0n the dates set forth in the Payment Schedule above. Time is of the essence. We charge interest under an adjusted daily simple interest method at the annual rate of 1 89.00% (“Contract Rate”). Interest'shall not be payable in advance 0r compounded. We apply the Contract Rate t0 the "Adjusted Principal Balance" from the Disbursement Date until the earlier of (i) the Maturity Date, (ii) prepayment in full, ror (iii) acceleration pursuant to the default provisions. The term "Adjusted Principal Balance" (hereinafier the "MB? means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments 0f principal. The APB will be less than the outstanding loan principal balance if-you timely make all payments as scheduled and prepay principal. The APB will also be less than the outstanding loan principal balance if you fail to make a timely payment as scheduled herein. The APB will equal the outstanding loan principal balance ifyou timely make all scheduled payments and no other payments. We will_credit_ any payment made by check or money order as ofthe date we receive it, ifthe payment (A) is received by 5:00 p.m.. Central time at the following‘address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid with a check drawn in U.S. dollars onja U.S. financial institution. or a U.S. dollar money order; and (C) includesyour account number on the memo line or elsewhere onthe from of the check. A payment satisfying these requirements that is received afier 5:00 pm. Central time at the address above on any day (including the payment due date) will be credited as of the next day. Credit for any other payments may be delayed up to five (5) business days. Consent m Electronic Cammunflaatflons The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the terms and conditions 0f the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that: 6 You are entitled to receive certain information from us in writing. Because CashNetUSA is an online-only service, for you t0 apply for and obtain a loan from us or‘our tbde-party lending partners, we need your consent to receive all information and disclosures regarding your loan Electronically. Any disclosure,'notice, record or other type of information that is provided to you in connection with your tranSaction, including notices 0f adverse action or any other disclosure, may be sent to you electronicallyvby posting the information at'our web site, www.CashNetUSA.com, 0_r by sending it toyou ’by e-mail at the address you-provide. We may also provide any information even ifyou consent t0 receive information electronically. 0 Although We do not have to provide any information in paper form unless you spgcifically request it, you may obtain a copy 0f any information at no charge by contacting us at 175 W. Jackson Blvd, Suite 1000, ‘Chicago,u[L 60604, by calling 11s at 888.801.9075 or by emailing us at support@cashnctusacom. You also can Withdraw your consent t0 filture electronic communications in the same way by asking us to send future communications in paper form. 0 You must keep you: email address current with us. YOu must promptly notify us of any change in your email address(You may change the email address on record for you by going to the User Profile Page and updating your contact information. 0 To receive electronic communications in connection with this transaction, you will need a working connection to the Internet; a current version of a supported browser (Internet Explorer version 8.0 or above, Firefox version 25.0 or above, Safari version 6.1 or above, or Chrome version 36.0 or above); a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader); an active email account; and a computer, software, and an operating system capable 0f supporting all of the above. We reserve the right t0 discontinue support of a current version of a browser 0r other software if, in our sole opinion, it suffers fi‘om a secun'ty flaw or other flaw that makes it unsuitable for use with our web site. In order to retain records, you will also need either a printer connected to your computer to print the information or sufficient electronic storage space available on a hard disk, flash drive, etc., to save the information (e.g., 1 megabyte or more). 0 If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic communications from us, we will give you notice of the revised hardware or sofiware requirements. Your continued use of any 0f our online services afier receiving notice 0f the change means that you acknowledge that you have the necessary hardware and sofiware to meet our revised requirements and consent to continue to receive electronic communications from us. By electronically signing this Agreement by clicking the "I Agree" button below, you are confirming that: (1) you agree to our Consent to Electronic Communications; and (2) you have the necessary hardware and sofiware to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability t0 access and View PDF files. RESCISSJION and PREPAYMENT You shall have the right to make payment in advance and in any amount on this Loan Agreement 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 are scheduled to pay under this Loan Agreement. To rescind future payment obligations under this Loan Agreement and receive a refund of the finance charge, you must (i) inform us in writing Via fax (866.326.5265) or email (support@cashnetusa.com) ofyour intent to rescind no later than 4:00 PM Pacific Time on the next business day immediately following the Disbursement Date (“Rescission Deadline”), and (ii) give us written authorization to effect a debit entry to Your Bank Account, defined in the Repayment Authorization below, for the principal amount of the loan. Ifwe receive payment of the principal amount of the loan Via such authorization, then we will refund the interest owing and rescind the future payment obligations under this Loan Agreement. Thereafter, ifyou prepay this Loan Agreement in filll or in pan, no earned interest will be refimded. T0 process a partial or full prepayment or receive a payoffbalance, you should call us or tell us in writing via fax (866.326.5265) or email (support@cashnetusacom) ofyour intent to prepay. Please note that the payoff amount will be calculated as 0f the date we debit Your Bank Account for the balance owing. APPLICATION OF PAYNIENTS Payment will be applied first to satisfy any past due installment amounts owing (in the order originally scheduled), 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 to late charges, then to accumulated but unpaid interest, and then t0 past due principal owing. We repeat the process until all past due installments (as originally scheduled) have been paid in full. If you are not past due, we credit a1] payments to the current or upcoming scheduled installment by applying such to interest, and then to principal as of the date received. If an early payment is less than the scheduled installment, then you must pay the difference on or before the upcoming installment due date. Early payments, which equal or exceed a scheduled installment, will sati sfy the upcoming installment. Excess payments received on a scheduled instalhnent due date will be credited to principal at the time made and not credited t0 upcoming instalhnents. Therefore, you must pay the next installment as scheduled. Payment of principal may reduce (i) total amount of interest you are scheduled to pay under this Loan Agreement, (ii) the number ofpayments, and/or (iii) the final payment. ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data Verification form (“Your Bank Account”) with the proceeds ofyour loan. In the event that we make an error in processing this ACH (or any other ACH), you further authorize us to initiate an ACH to correct the error. You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance under this Agreement. AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND TRANSFERS (ACH DEBIIS) ACH Authorization for Instaflflment Payments, Fees and, film the Event 0f Acceleration, the Loam Balance You authorize us to initiate an electronic fund Uansfer through the ACH network (or another network 0f our choosing) (“ACH”) from Your Bank Account for the following: 0 each of the instalhnent payments due under the Agreement (or, ifyou make a partial installment payment, the amount of the installment less the amount of any such payment) on or after its due date; 0 any late / delinqunecy charge and returned payment fee ifpelmitted by law and provided for in the Agreement due to us as a result 0f a late payment or prior rejected ACH; 0 in the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including a1] accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the Accelerated Balance; and 0 the amount required to correct any error we make in processing an ACH. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to provide you with advance notice of an ACH we initiate for an installment payment if the amount of the ACH is less than the installment payment (for example, due to a partial payment). Returned Payments Ifyour bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account has sufficient funds to cover payments using a third party service provider. We may elect not t0 initiate an electronic fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will email you prior to any such due dates t0 inform you ifwe elect not t0 initiate an electronic fund transfer for that payment. The amount will still be due and payable, and you will be responsible for making alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization. Modified Charges Instead 0f or in addition t0 any of the ACHs described above, you authorize us to process any ACHs you subsequently confirm by phone, text message 0r email. Range of Varying Amounts Please note that you have the n'ght to receive notice of all transfers varying in amount, and that by signing this ACH Authorization you acknowledge that we have elected to ofl‘er you a specified range 0f amounts for debiting (in lieu ofproviding the notice of transfers in varying in amount). The amount of any ACH debit will range from (i) the payment amount provided in the payment schedule (which may be less than a scheduled payment ifpartial prepayments have been made), to (ii) an amount equal t0 the total outstanding balance (which may be greater than or less than a payment based upon your actual payments), plus as applicable, any returned payment charges and/or any late charges you may owe under the Agreement. For any debit outside 0f this specified range, we will send you a notice. Therefore, by agreeing t0 the terms of this ACH Authorization you arc choosing t0 only receive notice when a transfer amount exceeds the range specified above. Termination You may terminate one or all of the authorizations t0 initiate ACHs from Your Bank Account set forth above by calling us at (888) 801- 9075 and by writing us at Attention: General Counsel 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 and specifying which authorizations you would like to terminate. We will discontinue initiating any ACHs you specify as soon as we reasonably can and in any event within three business days afier receiving your termination request. Your Bank Account Information If there is any missing or erroneous information regarding Your Bank Account or the depository that offers it, then you authorize us to verify and correct such information. You have given us certain information from Your Bank Account so that we can verify the account number and routing number and you acknowledge that Your Bank Account is a legitimate, open, and active account. Fulfil Force andl Effect This ACH Authorization will remain in full force and effect until (i) we have received written notification from you of its termination in such time and in such manner as t0 afford us and the Depository a reasonable opportunity to act 0n it 0r (ii) upon fill] and final payment of the amount you owe us under this Agreement Optional ACH Debit Authorization. PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE [N PAYING AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS OWED AND RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE SPECIFIED ABOVE. Security Pursuant to Comment 2(a)(25) 0f the Federal Reserve Board Official Stafi‘ Commentary to Regulation Z §1026.2, we have disclosed t0 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 interes ." WAIVER OF JURY TRIAL Ifyou sign this Loan Agreement you waive your right t0 have ajury trial to resolve any dispute you may have against us or a related third party. LATE CHARGE/DELINQUENCY CHARGES You agree to pay a delinquency fee not in excess of $15 for a period in default of not less than 15 days. The delinquency fee may not be collected more than once for the same default and may be collected at the time of the default or at any time thereafter. If the delinquency fee is deducted from any payment received afier default occurs, and the deduction results in the default of a subsequent installment, no fee may be collected for the resulting default. Please note that only one delinquency charge shall be made on any one instalhnent regardless of the period during which the installment remains unpaid. DEFAULT Ifyou fail to make any payment when due, then you will be in default under this Loan Agreement. Upon default, we may declare the entire outstanding balance, plus all accrued and unpaid interest that you owe under this Loan Agreement, and if applicable, any late charges or any other charges permitted by law immediately due and payable. We may demand payment for the entire loan balance including principal, accrued interest and applicable late / delinquency charges. Ifwe do not use any remedy following default, we d0 not waive our right to the same or other remedies. Our rights are cumulative, not exclusive. BROKER You represent and waIrant that no person has performed any act as a broker in connection with the making of this loan. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. GOVERNING LAW, ASSIGNMENT and EXECUTION The laws 0f the State of California will govern this Loan Agreement. However, any dispute arising out of this Loan Agreement will be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act (“FAA”). We may assign or transfer this Loan Agreement or any of our rights hereunder. Ifwe approve this Loan Agreement, then you agree that this Loan Agreement will be binding and enforceable as t0 both parties. ARBITRATION PROVISION Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) t0 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 dispute(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 arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a courtjudgment. A court rarely overturns an arbitrator's decision. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL MPACT 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 AMITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT D0 SO: 1. YOU ARE WAIWNG YOUR RIGHT TO HAVE A JURY 0R A COURT, OTHER THAN A SMALL CLAIMS COURT OR SMLAIR COURT 01F LIWTED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT T0 ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT T0 SERVE AS A REPRESENTATJIVE, AS A PRIVATE ATTORNEY GENERAL, 01R 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 ][S SUBJECT TO ARBITRATION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS Interstate Commerce 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 ct seq., and not by any state arbitration law. Scope 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 information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service 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, tort, fraud, 0r 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 t0 collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (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 ifyou assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from 0r relating directly or indirectly t0 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 0r scope 0f this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a coun and not an arbitrator 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 t0 (1) any individual action brought by you in small claims court 0r your state’s equivalent court, unless such action is transferred, removed, 0r appealed t0 a different court; or (2) any disputes that are the subj ect of a class action filed in court that is pending as of the effective date of this Arbitation Provision in which you are alleged t0 be a member of the putative class for as long as such class action is pending. Class Action Waiver 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 0r in arbitration, either as a class representative or class member; or (b) t0 join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision 0r to issue any relief that applies t0 any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply t0 any lawsuit or administrative proceeding filed against us by a state 0r federal government agency even when such agency is seeking relief on behalf of a class ofborrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the 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, subj ect 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 arbitated. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent t0 arbitrate and setting forth the subj ect 0f the dispute along with the relief requested. Your notice must be sent to CashNetUSA, Arm: General Counsel - Arbitration Notice, 175 W. Jackson B1Vd., Suite 1000, Chicago, [L 60604, and our notice must be sent to the most recent address 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. Administrator Regardless 0fwho demands arbitration, you shall have the right t0 select either of the following arbitration organizations t0 administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.c0m. However, the parties may agree to select 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, and the parties are unable t0 agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside. Ifyou demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. [frelated third patties 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 arbitration organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General Counsel - Arbitrator Selection Notice, 175 W. Jackson Blvd, Suite 1000, Chicago, IL 60604. If you 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 the arbitration organization applicable t0 individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, 0n 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 subj ect 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 C1aim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. Arbitrator and Award Any arbitrator must be a practicing attorney with ten 0r more years 0f experience or a retired judge. The arbitrator will not be bound by judicial rules 0f procedure or evidence that would apply in a court, nor by state or local laws that relate t0 arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 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, that 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 t0 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 0f the individual party seeking relief and only to the extent necessary t0 provide relief warranted by that pafiy’s individual claim). Fees and Costs At your written 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 C1aim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the C1aim(s) in court, you will not be required t0 pay that amount again). We will not seek reimbursement 0f such fees from you even ifwe prevail in the arbitration. In addition, the administrator 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 0r 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 t0 the extent permitted by this Agreement, the administrator’s rules or applicable law. With respect to C1a'1m(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs ifand t0 the extent you prevail, if applicable law requires us to or ifwe must bear such fees and costs in order for this Arbitration Provision t0 be enforced. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision. Appeal The arbitrator's award shall be final and binding 0n all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, you 0r 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 0f the initial award requested by the appealing paIty. The decision of the panel shall be by maj ority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be conducted pursuant t0 or modeled after the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules- optional-appea1-procedure/. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs 0f such an appeal will be home in accordance with the paragraph above titled “Fees and Costs.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. A judgment on the award may be entered by any court having jurisdiction. Notice and Cure; Special Payment Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice t0 be valid and effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis of your Claim and the amount you would accept t0 resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent t0 us by certified mail, return receipt requested, at CashNetUSA, Attn.: General Counsel - Claim Notice, 175 W. Jackson B1vd., 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 Noti ce, 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 0n your own behalf (and not on behalf 0f any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse t0 provide you with the relief you request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently detennines that you were entitled t0 such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration 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. Binding Effect; Survival; Severability This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive any bankruptcy t0 the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any transaction between you and us and continues in filll force and effect unless you and we otherwise agree in writing. If any part 0f this Arbitration Provision, other than the Class Action Waiver, is deemed 0r found to be unenforceable for any reason, the remainder shall be enforceable. OPT-OUT PROCESS 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 (both or all of you if, if more than one) must send us an Opt Out Notice so that we receive it within forty-five (45) calendar days of the date of this Agreement at the following address: CNU of California, LLC, Arm: General Counsel 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604. Your notice must be sent to us by certified 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 0f this Agreement, a statement that you wish t0 opt out of the Arbitration Provision and must not be sent with any other correspondence. Indicating your desire to opt out 0f this Arbitration Provision in any manner other than as provided above is insufficient notice. Your decision to opt out of this Arbitration Provision will not afi'ect your other rights 0r responsibilities under this Agreeman and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us. WAIVER OF JURY TRIAL To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby knowingly, voluntarily, intentionally and irrevocably waive the right t0 a trial by jury with respect t0 any litigation arising out of or relating to this Agreement between you, 0n the one hand, and us or any of our employees, directors, officers, shareholders, governors, managers, members, parent company 0r affiliated entities, on the other hand. PRIVACY POLICY Effective Date: The privacy policy was last updated July 6, 2016. INTRODUCTION Purpose. The purpose ofthis Privacy Policy is to describe how CNU Online Holdings, LLC (“CNU,” or “We”) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.CashNetUSA.com (collectively referred t0 herein as the “Website”). Please read this notice carefully to understand what we d0. [f you do not understand any aspects of our Privacy Policy, please feel free to Contact Us 0r as described at the end of this Policy. Our Privacy Policy explains: Information That We Collect How We Use and Share Your Information Access to Your Information and Choices Security ofYour Information California Privacy Rights Consent to Data Processing in United States Changes t0 Our Privacy Policy Questions and How Contact Us Scope; Third Party Websites. This Privacy Policy applies only to information we collect at and through the Website. Our Website also contains links to third party sites that are not owned or controlled by CNU. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements 0f each and every website that collects personal information. Other Privacy Policies. For infomation about how we collect, use and share your financial information, please refer to our Financial Privacy Notice Terms 0f Use. Please note that your use of our Website is also subject to our Terms of Use. INFORMATION THAT WE COLLECT Information You Provide to Us We collect information you provide t0 us, for example when you create 0r modify your account, register to use our Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: Name; Home address; Email address; Home, work; and mobile telephone numbers; Credit card number; Bank andjor other account numbers; Date of Birth; Social Security Number; Driver’s License or other national, state, or government ID numbers; and Salary and other financial information. Information We Collect Automatically Location / Geolocation Information and Your [ntemet Protocol ([P) address. Informafion We Collect Through Your Use of our Website Goggle Analm'cs We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies", which are text files placed 0n your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ sites 0r apps”, (located at www.google.com/policies/privacy/partnerso. We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvcrtisbgorg), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish t0 opt out 0f. Please note that ifyou choose t0 opt out, you may continue to see ads on our Website, but they will not be based on how you browse and shop. Infgrmation Collected Through Cookies and! Similar Technologies We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you Visit a website. When you Visit the Website again, the cookie allows the Website to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies 0r to indicate when a cookie is being sent. However, some Website features 0r services may not fimction properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising t0 you. (See, “Advertising” below.) No Information From Children Under Age 13 Ifyou are under the age of 13, please do not attempt to register with us at this Website 0r provide any personal information about yourself to us. Ifwe learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. Ifyou believe we have collected personal information from a child under the age of 13, please Contact Us or call us at (888) 801 -9075. HOWWE USE AND SHARE YOUR INFORMATION To Provide Products, Services, and Information. We collect information from you so that we can provide loan products and services that you apply for using the Website, provide information that you request from us, and setup your online account so you can manage your account on account details online. We use your personal information t0 contact you about your orders, underwrite your loan, fund your loan, make payments 0n your loan, and to setup your onh'ne account. We may send you information about our products and services, and new offerings. Credit Bureaus. We may share your information about you and your account to credit bureaus. This may include both on-time and late payment, missed payment, 0r other defaults on your account, and this information may be reflected on your credit report. Sweepstakes, Surveys, Promotions, and Other Contests. We use your personal information to administer surveys, sweepstakes, promotions and other contests from time to time. Sharing m‘th Third Parties. We may provide information to third party service providers that help us operate and manage our Website. These service providers will have access to your personal information in order to provide these sarvices, but when this occurs we implement reasonable contractual and technical protections to limit their use 0f that information to helping us provide the service. Advertising. We may use how you browse and shop in order to show you ads for CNU that are more relevant to your interests. We may use cookies and other information to provide relevant interest-bascd advertising to you. Interest-based ads are ads presented to you based 0n your browsing behavior in order t0 provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by CNU. We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Website does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked 0r receive interest-based ads. You can opt-out 0f receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities you would like to opt-out 0f. To learn more about interest- based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and ww.nem'0rkadvenising.org), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that ifyou choose t0 opt out, you may continue t0 see ads on our Website, but they will not be based on how you browse and shop. Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside ofCNU when we have your consent to do so. Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside ofCNU ifwe have a good-faith belief that access, use, preservation 0r disclosure of the information is reasonably necessary to: Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request. Enforce applicable Terms of Use, including investigation ofpotential violations. Detect, prevent, 0r otherwise address fraud, security or technical issues. Protect against harm to the rights, property 0r safety ofCNU, our users, customers 0r the public as required or permitted by law. Transfer in the Event of Sale 0r Change of Control.lf the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business 0r the Website to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently. ACCESS T0 YOUR INFORMATION AND CHOICES You can access and update certain information we have relating to your online account by signing into your account and going to the account home section of our Website. Ifyou have questions about personal information we have about you or need t0 update your information, you can Contact Us or call us at 888-801-9075. You can opt-out of receiving marketing and promotional e-mails from CNU by clicking on the ad choices logo 0n the Website, and by using the opt-out or unsubscribe feature contained in the e-mails. You can close your online account by paying offyour balance in full and by requesting your account be closed through email, phone, U.S. mail, or live chat. Ifyou close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and t0 avoid identity thefi 0r fraud SECURITY OF YOUR INFORMATION We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or wan'ant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, 0r destroyed by breach 0f any of our physical, technical, or managerial safeguards. It is your responsibility t0 protect the security of your login information. Please note that e-mails and other communications you send to us through our Website are not encrypted, and we strongly advise you not t0 communicate any confidential information through these means. CALIFORNIA PRIVACY RIGHTS Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories 0f customer information and the names and addresses 0fthose businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities). T0 obtain this information, please send an email message to support@cashnetusa.com with “Request for California Privacy Information” 0n the subject line and in the body ofyour message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information 0n covered sharing will be included in our response. CONSENT TO PROCESSING 0F PERSONAL DATA IN UNITED STATES Ifyou are a resident of the European Economic Area (EBA), in order to provide our Website, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside 0f the BEA, including t0 the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including t0 countries that may not 0r do not provide the same level ofprotection for your personal information. We are committed to protecting the privacy and confidentiality ofpersonal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level ofprotection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing ofpersonal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. CHANGES T0 OUR PRIVACY POLICY Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any pn'vacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. QUESTIONS AND HOW T0 CONTACT US Ifyou have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please Contact Us, email us at support@cashnetusa.com call us at (888) 801-9075, or contact us by US postal mail at the following address: CNU Onlinc Holdings, LLC 175 West Jackson Suite 1000 Chicago, IL 60604 ELECTRONIC SIGNATURES AND CONSENTS 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. CONSENT T0 ELECTRONIC COMMIUNICATIONS By electronically signing this Agreement by clicking the "I Agree" button below, you are confirming that: (1) you agree to our Consent to Electronic Communications (the "Consent"); and (2) you have the necessary hardware and software to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and view PDF files. 2. ACH AUTHORIZATION By electronically signing below by typing the last four digits ofyour Social Security Number, you certify that you have fully read and understood the sections of this Agreement captioned ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS and AUTHORIZATION FOR REPAYMENT BY ACH, you agree to comply with, and be bound by, their terms and you agree and understand that you are authorizing us to credit Your Bank Account with the proceeds ofyour loan and to debit Your Bank Account for the amounts owed under this Agreement. Enter the last 4 digits ofyour Social Security Number_ Please note that we separately authenticate the above electronic signature when you click the "I Agree" button below. 3. AGREEMENT T0 TERMS AND CONDITIONS 0F LOAN AGREEMENT By electronically signing this Loan Agreement by typing in your name and social security number below and then clicking the “I Agree" button below, (a) you acknowledge that the Loan Agreement was filled in before you did so and that you have reviewed the entire Loan Agreement including the FEDERAL TRUTH-[N-LENDING DISCLOSURES and our PRIVACY POLICY , (b) you acknowledge that your right to file suit against us for any claim 0r dispute regarding this Loan Agreement is limited by the WAIVER OF JURY TRIAL AND ARBITRATION provisions, (c) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention t0 file a petition for relief under any chapter of the United States Bankruptcy Code, and (d) you acknowledge that you have read and understood all of the terms of this Loan Agreement including the provisions mentioned above and you agree to comply with, and be bound by, all ofthose terms. Please note that when you click the "I Agree" button below, we authenticate your electronic signature and we also separately authenti cate your electronic signature for the ACH Authorization that you separately and voluntarily entered above. YOUSHOULD PRINTAND RETAINA COPY 0F THTSAGREEMENTFOR YOUR RECORDS. ANELECTRONIC COPY WILL BE MAINTAINED 0N YHIS WEBSITEIN YOUR PASSWORD PROTECTED CUSTOAiER HISTORY Any comments 0r questions may be directed to customer comment Lime at the following toll-free number: (888) 8011-9075 0r via email to support@cashnetusa.com. Signature Iblloclk: Signed at: 03:35 PM 0n September 01, 2017 Connected From: 73.158585 Signed By: nicolle marshal] Signed As: Nicolle Marshall Contract: {SHA} 6eOdbe95eO7002007e9ee6400a78a6a4a206d008 ACH Authorization: {SHA} C90 1 000c9746691 86%893566207 1 835 1 6665d8d CashNetUSA Signature block: Signed at: 04:07 PM 0n September 01, 2017 Signed By: David Fisher, President, CNU Online Holdings, LLC, as sole member 0fCNU 0f California, LLC (d/b/a CashNetUSA) {SHA} 892f7417cf56a93e9bb0478897585a38cb 174 1 91 EXHIBIT C c u s t o m e r i d l o a n i d a c c t i d a t e m e t h o d i c d l o a n [ a s k C d s t a t u s C d d e b i t a m o u n t c r e d i t a m o u n t 9 / 1 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s t l [ a s k c r e a t e d 3 7 6 . 9 8 O W 2 0 1 ? 1 2 : 0 0 : 0 0 A M b a n k a c c o u n t a c h l o a n t a s k a c h 2 6 0 0 O 9 / 2 9 / 2 0 1 7 ' 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s l l t a s k c r e a t e d 1 8 8 ‘ 4 8 O 9 / 2 9 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k a c c o u n t i n s l l [ a s k a c h ( J 1 0 / 1 3 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s t l t a s k c r e a t e d 1 8 8 . 4 8 1 0 / 1 3 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k a c c o u n t i n s t ! t a s k a c h O 1 0 / 2 7 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k a c c o u n t i n s t ] [ a s k a c h 0 l 0 / 2 7 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s l l t a s k c r e a t e d 1 1 / 1 0 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s t l t a s k c r e a t e d 1 1 / 2 4 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s t ! t a s k c r e a t e d 1 1 / 2 8 / 2 0 1 7 1 2 : 0 0 : 0 0 A M i n t e r n a l l a l e f e e t a s k c r e a t e d 1 2 / 8 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l i n s t l t a s k c r e a t e d 1 2 / 1 1 / 2 0 1 7 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e f e e t a s k c r e a t e d 1 2 / 2 2 / 2 0 1 7 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s t l t a s k c r e a t e d 1 2 / 2 6 / 2 0 1 7 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e f e e t a s k c r e a t e d 1 / 5 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s l l t a s k c r e a t e d 1 / 8 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e f e e t a s k c r e a t e d 1 / 1 9 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s t l l a s k c r e a t e d 1 / 2 2 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e l e e [ a s k C ( e a t e d 2 / 2 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s l l t a s k c r e a t e d 2 / 5 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e f e e t a s k c r e a t e d 2 / 1 6 / 2 0 1 8 1 2 : O O : O O A M b a n k i n t e r n a l n e w i n s t ! t a s k c r e a t e d 2 / 2 0 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a | l a t e i e e t a s k c r e a t e d 3 / 2 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s t l t a s k c r e a t e d 3 / 5 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n l e r n a l l a t e f e e t a s k c r e a t e d 3 / 1 6 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s t ! t a s k c r e a t e d 3 / 1 9 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e l e e t a s k c r e a t e d 3 / 3 0 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n t e r n a l n e w i n s l l t a s k c r e a t e d 4 / 2 / 2 0 1 8 1 2 : 0 0 : 0 0 A M i n t e r n a l l a t e f e e t a s k c r e a t e d 4 / 1 0 / 2 0 1 8 1 2 : 0 0 : 0 0 A M b a n k i n l e r n a t o f f t a s k c r e a 1 e d OOOOOOOCOOOOOOOOOOOOOO
