DeclarationCal. Super. - 6th Dist.April 28, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/8/2021 4:13 PM Reviewed By: D Harris Case #21CV381116 Envelope: 7226211 21CV381116 Santa Clara - Civil D Harris OmflOMbUN-n MN uNH--- -- - a¢w5~oomq3mAC§-S John P. Kenosian, Bar #8026l Law Offices of Kcnosian & Miclc. LLP 8581 Santa Monica Blvd., #17 Los Angela, CA 90069 (888) 566-7644 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SAN JOSE LIMITED CIVIL DEBT MANAGEMENT PARTNERS, Case No.: 21CV38| l 16 LLC , A Limited Liability Company PLAINTIFF, vs. ORIGINAL CREDITOR'S DECLARATION 1N SUPPORT 0F ENTRY OF DEFAULT SUSAN HATHAWAY JUDGMENT and DOES l to 5, inclusive, CIVIL CODE §l788.53 Defendands) ORIGINAL CREDHOR'S DECLARATION IN SUPPORT OF ENTRY 0F DEFAULT JUDGMENT Page l 0N omua‘ubw‘nw NNNNI- a... _ agun-ooo-S3EMABEZQ l, JEFFREY STEWARD. declare. l. I am regularly designated as a corporate represenmtiVe or custodian ofrecords in litigation matters involving LOANNm loans that have been sold (hereinafter "LOANME"‘). l am! involved in the day to day operations ofLOANME as they relate to servicing loans. Part ofmy responsibilities includes overseeing the creation, management, control, custody and preservation ofLOANME's servicing records. It is the practice and procedure ofLOANME employees or LOANME agents with personal knowledge ofan act, event or transaction to u'ansmit information andmakeanenuyornotethereofmbe included inflmreoordoftbe accomtto which suchact, event or uansacfion relates. The umsmittal, enu'y or nomion ofsuch information is done at or neuthetimesuchactmveutormnsaction actually occurs. This function canbepcrformed manually or by automated means. These records are made and compiled in the regular course of LOANME’s business. I am familiar with how LOANME’s business records are prepared, maintaine¢aooessedandrefievedandmanuiredbrelyuponmddealwimthe information contained in the records. I have found the records and information to be trustworthy and reliable‘ Each record anached to this dcclaration is an exact copy ofthe original record, stored in computer storage, copied, or duplicated onto microfiche or microfilm. I have possession audio: access to LOANME records including the moords ofSUSAN HATHAWAY (hereinafter “Defendant”). Based upon my personal knowledge and/or fiom my examination of the records, ¥ and information ofLOANME relating to the Defendant, l have personal knowledge of the facts set forth herein. If called as a wimess I would, under oath, competently testify as to the facts stated herein. Based upon the foregoing and my rcvicw ofthe records relating to the Defendant in this matter, I am infmmed and believe and thereuponwent the following: ORIGINAL CREDITOR’S DECLARATION IN SUPPORT 0FMY OF DEFAULT JUDGMENT Page 2 0N OQQQMAUN-fi NNNNN- _ ... 3#wM-c~0533355n:3 2. The LOANME Promissory Note and Disclosure Summer“, which consfitute die underlying loan ayeement with the Bormwet, is executed by a Borrower pursuant to and in conformity with the Electronic Simnnes in Global and National Commerce Act (commonly known as the “ESign Act”). The Promissory Note and Disclosure Smtement is transmitted to the Borrower at the origination of the obligation and provides for all terms and conditions of the loan. including payment amounts. mes of interat, default terms, attorney fees and costs in the event of default and other provisions. 3. The Defendant entered into a written loan ayccment with LOANME pursuant to the Defendant's execution of the Promissory Note and Disclosure Statement. Accordingly, LOANMEloanedmtheDcfendantasmnofmoneyinaccordmcewiththetemsofthe ayeement under loan account now hearing number ending XXXX526. Defendant promised lo pay back all sums loaned with interest. costs and fees. A true and correct copy of the Promissory Note and Disclosure Statement of the Defendant is attached hemto as Exhibit A and incorporated herein by reference. 4. Subsequently, the Defendant failed to make paymenm due on the loan prior to the sale and nansfcr ofme account to Plainfifi'. Defendant lcfi due and owing the charge-ofi‘sum of $2598.04 with no post chargo-ofi‘ fees. IDANME’s records reflect that the date ofthc last paymcmwason 06-01-19. . 5. Thenmne andanaddmssofflxe charge-ofi‘creditor atthe timeofchnrge-ofi‘was LOANME, INC. 1900 S. STATE COLLEGE BLVD, STE. 300 ANAHEIM, CA 92806. 6. The name and last known addrus ofthc Defendant as appearing in the cbarge-off creditor's records prior to the sale of the debt was SUSAN HATHAWAY, 10257 SINGLETON RD SAN JOSE, CA 951 1 1. ll ORIGINAL CREDITOR’S DECLARATION 1N SUPPORT OF ENTRY OP DEFAULT JUDGMENT Page 3 of4 5WN OGQO‘ 10 ll 12‘ l3 I4 15 16 l7 l8 19 20 21 22 23 24 25 7. Them is no moord of Defendant objecting to the balance shoWn and as a result of the Defendant’s breach ofthe ayeement and pursuant to the terms of the Promissory Note and Disclosure Statement the indebtedness was accelanted and flue entire unpaid balance on the account became immediame due and payable. 8. LOANME's records reflect that LOANME loan account ending in number XXXX526 belonging to SUSAN HATHAWAY with a Social Security ending with 3700 was sold, assimd and tansferred to DEBT MANAGEMENT PARTNERS, LLC. [declare underpenalty ofpeljury underthe laws ofthe State ofCalifomin that the foregoing is hue and correct. Executedon AUG o 6 2021 ,aOmngexanfomia ORIGINAL CRBDITOR‘S DECLARATION IN SUFPOR‘I‘ OF ENTRY 0F DEFAULTJUDGMENT Page 40N M LOANME, INC. PROHISSORY NOTE AND DISCLOSURE STATEMENT Loan No.: 526 Date of Note: Aprll 16, 2019 Expected Funding Date: April 16, 2019 Lender: LoanMe, Inc. Borrower: SUSAN HATHAWAY Address: 1900 S. State College Boulevard Suite 300 Adams: 10257 SINGLETON RD Anaheim, CA 92806 SAN JOSE, CA 95111 In this Promissory Note and Dlsdosum summery: ('Nohe'), the words 'you' and “your mean the person signing as a bon'ower. “We," 'us,'. and “our," mean LoanMe, Inc. and any subsequent holder of mls Note. TRUTH IN LENDING ACT DISCLOSURE STATEMENT fin ANNUAL pERCENTAGE FINANCE 3::ng Tom. or wmmn-sCHARGERATE The cost of your a'edlt as The dollar amount Ute The amount of aedlt The amount you wlll have paid after all L. a yearly rate audit wlll cost you provided to you paymens are made as sdweduled 133.32 96 $11,460.87 $2,525.00 $13,935.87 ll umem SCHEDULE One payment of $440.71 on June 01, 2019. 46 monthly paymens of $294.46 beginning on July 01, 2019. AnnualPamm: The Annual Percentage Rate ('APR') on thls loan ls calculated based on a 360 day year. Late Charge: If a payment ls 15 days late, you will be marged $15.00. Prepayment: If you pay off thls loan eafly, you will not have to pay any penalty. PIease see the remainder of mls document for additional Information about nonpayment. default and any required repayment in full before the smeduled date. ITEHlZA'flON OF AMOUNT FINANCED Amount Financed: $2,525.00 Amount Paid to Bonower Directly: $2,525.00 Prepaid Finance Charge/Orlgination Fee: $75.00 FMMY NOTE AND ARBITRATION AGREEMENT This Note, including any and all signatures herein, is in original format an electronic document aeated in amordance with the Electmnlc Signatures In Global and Nadonal Commerce Act (E-SIGN) and other applicable laws and regulations, and that the one, true on’ginal Note ls retained electmnically by us. All other versions hereof, whether electronic or in tangible format, constitute Wmlles ormprodwons only. FOR VALUE RECEIVED, you promise m pay to me order of LoanMe, Inc., or any subsequent holder of this Note the sum of $2,600.00, together with Interest ulculated at 135.00 16 ("m Rah") and any outstanding charges or late fees, unul me full amount of thls Note ls paid. Your interest Is calcuIated on a 360/360 simple interest basis. This means that interest is calculated by dividing the annual Note Rate disclosed above by 360, multlplylng that number by me oustandlng prlndpal balance, and multiplylng that number by me number of days me principal balance is oumtandlng, assuming each full menu's ls comprised of 30 days. Your payments will be applied as of me date received, first b0 accrued Interest, then to the principal payment that is due, then to any outstanding dlarges or late fees, and finally to any remalnlng principal not yet due. The payment sd1edule disclosed above ls only an estimate and may change In me event yOu do not make all paymenm as scheduled. If a mment Is not sufi‘ldent ho pay Interst men due, the unpald Interest wlll be added to principal and will bear Interest at Note Rate. A principaI-onIy payment is known as a "Prepayment." We wlll not treat a payment as a Prepayment unless you previously made all mondnly paymens of principal and Interest and fully paid and satlsfied all other obligations under this Note. [f you meet these conditions, you may make a full or partial Prepayment. We will apply any pattial Prepayment you make to reduce the principal due on the Note as of the date we receive the Prepayment. You may make a full Prepayment or partial Prepayment at any time without penalty. A partial Prepayment wlll not change the due dates or amouns of your mond'lly payments, but may reduce the number of payments and the amount of your final payment. Notwithstanding any omer provision of mis Note, if, within seven calendar days of the Funding Date (i.e., the date we advance funds to you), you repay us the amount we advanced to you dlrectly ($2,525.00), this Note wlll be deemed paid In full, without payment of any finance chargs (including interest). (To receive the benefit of this offer, payment in full of the amount advanmd to you dlrecdy must be received no later than 11:59 p.m. In Hie time zone m whlch you reside on Apn‘l 23, 2019; if payment is not received by mat time, you will owe the interest that accrued during mat period as well as the amount disbursed to you and the loan fee pursuant ho the terms of this Note.) We do not lntend to charge or collect any Interest, chame, or fee that ls more than the law allows. If we charge or called any amount over what the law allows, we will apply the excess first to the unpaid scheduled monthly paymens, and we will refund any excess If you have paid In full all amounm you owe under Uwis Note. Any amount applied to unpaid sdleduled monu'uly payments wlll be treated as a partial prepayment. THE MATURI'IY DATE (IF NOT PREPAID) OF THIS LOAN IS: April 01, 2023. You wlll be subject to a fee of $15 If any paymmt you make Is retumed for non-sumdent funds. If you fail to make any payment due under this Note, we shall have the right, atta' a 30-day grace period, to declare this Note to be immediately due and payable. For loans above $10,000, If you file for an assignment for me benefit of creditors, bankruptcy, or for relief under any provisions of the United states Bankruptcy Code, we shall have the right to dedare this Note to be immediately due and payable. For loans in excess of $5,000, in me event that we are required to employ an attorney at law to culled any amounts due under this Note, you wlll be required to pay the reasonable fees of sud: attorney to protect our inberest or to take any other action required m collect the amounts due hereunder ho the extent permitted by law. You agree that all payments made more than (15) days of me due date shall be subject ho a late fee of $15.00. The loan fee Included In the prepald finance diarge/loan fee dlsdosed above ls fully earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and ls not considered Interest. This loan Is unsewred and therefore not secured by any of your collateral. We may delay or forgo enforcing any of its fights or remedies under mis Note without losing mam. You hereby, to the extent allowed by law, waive any applicable presentment, demand for payment, or protest and notice of dishonor. Upon any change in the harms of thls Note, and unless otherwise expressly stated in wfifing, no party who signs this Note, whether as maker, guarantor; accommodation maker or endorser, shall be released from llablllty. This Note shall take effect as a sealed Instrument. This Note wlll be governed by the laws of me sate of California except to the extent governed by federal law appllcable to Interstate commerce, Including. without llmltaflon, the Federal Arbiuation Act, 9 u.s.c. §§ 1-6 ('FAA'). You understand that you have previously consented to receive all communicauons from us, induding but not limited to, all required dlsdosurs vla electronic mall. This means that all oommunlcaflons from us wlll be dellvered In electronic form. You understand and agree that we may obtain aedit repors on you an ongoing basis as long as mis loan remains in effect. You also authorize us to report Information conoemlng your account to credit bureaus and to anyone else we believe in good faith has a legitimate need for such information. You understand that, from time to time. we may monitor or record telephone calls between you and us. You hereby expressly consent to have your calls monitored or recorded. You agree that we can contact you using any telephone number(s) that you provide us in this aedit application, that you provide to us In the future, or that we get from another source, even If me number ls for a mobile telephone and/or our using the number resuls in drarges to you by your mobile service provider. You also agree that we may leave an autodlaled or prerecorded message or use other technology to make that contact. You further agree that If you gave us a mobile phone number in your application, or if you later gave us a mobile phone number, or if we get a mobile phone number for you from another source, we may contact you by text message on that moblle phone regarding your account, notwithstanding the fact that there is a possibility that a third party may see our text message ho you, and you represent that any mobile phone number you gave us or wlll give us Is your mobile phone number alone. You may cancel this consent by pmviding us with notice in writing. A married or registered domestic partner applicant may apply for a separate account. As required by law, you are hereby noufled that a negative credit report reflecting on your credit record may be submitted to a aedit reporting agency if you fail m fulfill the terms of your credit obligau’ons. If we take any adverse acUon as defined by Mon 1785.3 of the Callfomla Clvll Code and the adverse acflon ls based, ln whole or In part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from me consumer reporting agency who fumlshed us your consumer credit report and from any other consumer credit reporting agency which compiles and mainmins files on consumers on a nationwide basis. You have the right as described by Sectlon 1785.16 of the Callfornla Civll Code to dlspute the accuracy or completeness of any information in a consumer uedit report fumlshed by the consumer aedit reporting agency. This Agreement encompasses the entire agteement of me parties, and supersedes all previous understandings and agreements between the Pawns, whefimr oral or wrluen. Any modlflaflons to thls Agreement must be made In writing and signed by both paras. ARBITRATION PROVISION WAIVER 0F JURY TRIAL AND ARBITRATION PROVISION. Arbitration ls a process In which persons wlm a dispute: (a) walve their righu to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, Instead, to submit thelr disputes to a neutral thlrd person (an ‘arbltrator') for a declslon. Each party to me dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arb'mation proceedings are private and less formal than court trials. The arbitrator wm Issue a final and blndlng dedslon resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitratlng all dlsputs wlth customers which cannot be mowed In a small dalms tribunal, Indudlng me scope and validity of this Arbitration Provision and any right you may have to participate in an alleged dass action. THEREFORE, YOU ACKNOWLEDGE AND AGREE As FOLLOWS: For purposes of thls Walver of Jury THaI and Arbitraflon Provlslon, the words 'dlspute' and 'dlspuhes" are given the broadest possible meaning and indude, without limitation (a) all dalms, disputes, or controversies an'sing from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbantion Provision and any claim or attempt to set aslde this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the None, me information you gave us before enten‘ng into this Agreement, including the customer Information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, a'oss-daims and third-party daims; (d) all common law daims, based upon contact, tort, fraud, or other intentlonal torts; (e) all claims based upon a vlolauon of any state or fedeml constltutlon, statute or regulation; (f) all claims asserted by us against you, induding claims for money damages to collect any sum we dairn you owe us; (g) all claims asserted by you Individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafler collectively referred to as "related third partles'), Indudlng dalms for money damaga and/or equltable or lnjunche relief; (h) all dalms asserted on your behalf by another person; (i) all claims asserted by you as a private attorney genual, as a representative and member of a dass of persons, or In any omer representative capacity, against us and/or related third parties (hereinalter referred to as 'Representative Claims”); and/or (j) all daims arising from or relating directly or Indirewy to the disclosure by us or related third parties of any non-public pusonal Information about you. 1. You acknowledge and agree mat by entering into this Arbitafion Provision: (l) YOU ARE GIVING UP YOUR RIQ'IT T0 HAVE A TRIAL IV JURY TO REMLVI ANYDWI ALLEGED AGAINST US 0R RELATED 'I'HIRD PARTIES; (b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A WIT, OTHER THAN A SHALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US 0R RELATED THIRD PARTIES; Ind (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE AWORNEY GENERAL. OR IN ANY OTHER REPRESENTATIVE CAPAGTY, AND/OR T0 PARTIOPATE AS A MEMBER 0F A CLASS 0F CLAIMANTS, IN ANY LAWSUIT FILED ACAINS'I' US AND/OR RELATED THIRD PARTIES. 2. Except as provided in Paragraph S below, all disputes including any Representative Claims against us and/or related thbrd parties shall be resolved by blndlng arbitrauon only on an lndlvldual basis wlth you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCI'm ARBITRATION; THAT m, THE ARBITRATOR SHALL NOT ALLOW YOU T0 SERVE As A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPAmY FOR OTHERS IN THE ARBITRATION. 3. Any party to a dispute, Induding reared mird partis, may send the other party written notice by certified mail return recelpt requested of their Intent to arbitrate and settlnq fonh the subject of the dlspuhe along with the rellef requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to seIect any of the following arbitration organlzatlons to admlnlster the arbitration: the Amerlcan Arblttaflon Assodaflon http://www.adr.org or JAMSW hup://www.jamsadr.oom. The parties may also agree to select an arbittator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing win: an arbltration associafion, and arbitrate In accordance with sud: arbltrataor's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must Inform us In your demand of the arbitration organization you have selected or whether you desire to select a Ioal arbitrator. If related dwird parties or we demand arbitration, you must notify us within twenty (20) days in wn‘flng by certified mall return receipt requested of your decision to seled an arbitration organization. If you fall to notify us, then we have the right to salad an arbitratlon organization. The parties to such dispute will be governed by the mles and procedures of such arbitration organization appl|cable to consumer dlsputes, to the extent those mles and procedures do not contradict the express arms of this Arbitradon Provision, including the limitations on the arbitrator below. You may obtaln a copy of the rules and procedures by contacting the arbltraUOn organlzann listed above. If neither the American Arbitration Association nor JAMS Is available or willing to administer the arbitration and the parties cannot agree on a Iocal arbitrator, then an arbitrator can be appointed by a court consistent with Section 5 of the FAA. 4. Regardless of who demands arbitration, at your request we will pay your porh'on of the arbit'auon expenses, including the filing, administrative, hearing and arblttator‘s fees ('Arbmtlon Fees“). Throughout the arbm'atmn, each party shall bear his or her own attorney's fees and expenses, sud: as wimess and expert wlflIess fees. The arbiuator shall apply appllcable substanflve law consistent with the FAA, and applicable statutes of llmltatlon, and shall honor claims of privilege recognized at law. Any arbitration hearing wlll be conducted in the federal judicial district of your residence. The arbitrator may decide, wlth or without a hearing, any motion that is substantially slmllar to a motion to dlsmlss for failure to state a claim or a motion for summary judgment. In conducting me arbitratlon proceeding, me arbiu'ator shall not apply any federal or state rules of dvll procedure or evldence. If altowed by statute or appllcable law, the arbitrator may award statutory damages and/or reasonable attorney's fees and expenses. If the arbiu'ator renders a decision or an award in your favor resolving the dispute, we wlll reimburse you for any Arbitrauon Fees you have prevlously paid. At me umely request of any party, the arbltmbor shall provide a wrinen explanation for the award. The arbimtor's award may be filed with any court havlng Jurisdiction. 5. All parties, Including related thlrd parties, shall retaln the right to seek adjudlcatlon In a small dalms tribunal In me county of your midence for disputes within the scope of sud: tribunal's Jurisdicdon. Any dispute, whim cannot be adjudiated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small dalms mhunal shall be resolved by binding arbitration. 6. Thls Arbitration Provision Is made pursuant to a tmnsadlon Involving lntemte commerce and shall be govemed by me FAA. 7. This Arbitration Provision is binding upon and benefls you, your respecfive heirs, succesots and assigns. This Arbitrann ProvlsIon ls blndlng upon and benefits us, our successors and assigns, and related thlrd patties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbltratlon Provlslon survives any cancellation, termInatlon, amendment, explratlon or performance of any transaction between you and us and condnues In full force and effect unless you and we otherwise agree in writing. Except for the waivers of representadve actions contained In paragraphs 1(c) and 2, If any of mls Arbltraflon Provision ls held invalid, the remainder shall remain In effect. If the waivers of representaflve actions are held invalid, then this arbittation provision will be deemed null and void. 0PT-OUT PROCESS You may moose to opt out of meWham Provision. but only by following me prom set-form bdow. If you do not wish to be subject to fills Arblu'atlon Provlslon, then you must notify us In writing wlflfln slxty (60) alendar days of the date o'f this Note at me following addras: Arblu'atlon Opt-Out, LoanMe, Inc, 1906 S. sate College Blvd., Sulte 300, Anaheim, CA 92806. Your wflflen notlce must include your name, addras, account number or social sewrlty number and a statement that you wish to opt out of mls Arbitratlon Provision. YOU CERTIH THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE BOUND TO ITS TERMS. Payments. You have previously authorized and requested us to lnltlate an automated clearinghouse or other electonlc funds transfer ('EFI‘) from the bank account identified on your Applicauon (the ”Bank Account") to make each payment required hereunder on the day it is due. You also authorize us to in'm‘ate an EFT to or fnom the Bank Account to correct any erroneous payment and, In the event any EFT ls unsuccassful, to attempt sud: payment up to one addlflonal tlme. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not liable for sud: charges. You have the rlght ho notice of all transfers of amounts different from your regular payment, but you agree m receive notice 10 days prior to any given aansfer onIy if the amount to be transferred varies by more than $50 from your regular payment amount. You also authonze us to wlthdmw funds from your account on additional days throughout the month in the event you are delinquent on your loan paymens. Your requst and authorization for us to initiate EFl's ls entlrely voluntary, and you may termlnate thls author‘lzation‘by notifying us In writing vla fax(W) or email (customenserviceQLoanMe.oom) soon enough to allow us a reasonable opportunity to ad on your termination (generally at least three buslnas days In advance). You may also temlnate your authorIzann for us to Inmate EFI's dlrectly wlfln the financial institution at which your Bank Account ls located. By signing this promisory note, you also authorize us to obtain paymens from your Bank Account by creau‘ng and processing paper checks (eadI a 'Ouedf) In place of Initiating any or all of me EFl’s described above. Each Ched< wlll be in the amount of the payment that would have been Initiated as an EFI', and eadv Check will be deposited by us for processing on or afier me same day that the payment would have been inih’ated as an EFT. We wm type your name in me signature llne of each Check, and you agree that your typed name constitutes your authorized signature. You acknowledge that an electronic image of each Check may be created and processed as a substitute check pursuant to the Check 21 Ad. lf you termlnate your EFT authorization as described above, this authorization to create Checks wlll also terminate. You may also cancel by noflfying your financial instituflon orally or In writing at least three business days before the scheduled date of any transfer. THIS LOAN “MES A VERY HIGH INTEREST RATE. YOU ”AV BE AIL! T0 OBTAIN CREDIT UNDER MORE FAVORAILE TERMS ELSEWHERE. EVEN THOUGH THE TERM 0F THE LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU T0 PAY OFF THE LOAN AS SOON AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALI. 0R ANY PORTION 0F 'I'HE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED T0 PAY ANY AND ALI. IN‘I’EREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE. YOU CERTIFY THAT HO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE 0N THIS LOAN (Click hgm to VIM) AND ARE ABLE TO REPAY THE LOAN PURSUANT TO ITS TERMS. YOU ARE NOT AWARE OF ANY CIRCUMSTANCES THAT MIGHT CAUSE YOU TO FILE FOR BANKRUPTCY PROTECTION DURING THE TWELVE (12) MONTHS FOLLOWING THE EXECUTION OF THIS NOTE. YOU HAVE READ ALL 0F THE TERMS AND CONDITIONS OF THIS PRONESORY NOTE AND DISQOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EX!CUTION 0F THIS NOTE SHALL HAVE THE SAM! LEGAL FORCE AND EFFECT AS A PAPER CONTRACT. This Loan Is Made Pursuant To The Callfomla Finance Lender Law, Dlvislon 9 (commencing with Section 22000) of the Financial Code. FOR INFORMATION, CONTACT THE DEPARTMENT 0F BUSINESS OVERSIGHT, STATE OF CALIFORNIA, LICENSE N0. 603-!(061.
