StatementCal. Super. - 6th Dist.June 11, 202110 11 12 13 l4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 21 CV384200 Santa Clara - Civil File No. 21-14666-0 Vanessa Thomas State Bar No. 323167 Jamie Allison Forbes State Bar No. 249270 NELSON & KENNARD 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652 P.O. Box 13807 Sacramento, CA 95853 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 Attorneys for Plaintiff ONEMAIN FINANCIAL GROUP, LLC, ET AL. A. Villanue Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/27/2021 4:07 AM Reviewed By: A. Villanueva Case #21 CV384200 Envelope: 7341 384 Superior Court of California COUNTY OF SANTA CLARA SOUTH COUNTY FACILITY - LIMITED CIVIL CASE ONEMAIN FINANCIAL GROUP, LLC, AS SERVICER FOR ("ASF") WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR SPRINGLEAF FUNDING TRUST 2017-A, Hamflfi, VS. ELISEO E YBARRA, et a|., l'\_£_.-.l-._4.- CASE NO. 21CV384200 PROMISSORY NOTE AND TRANSACTION HISTORY ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) V3 LOAN AGREEMENT AND DISCLOSURE STATEMENT DATE 01/22/19 I ACCOUNT NUMBER .8955 I TYPE OF LOAN (Alpha) Roo I DATE FINANCECHARGE BEGINSTo ACCRUE 01/22/19 OneMain FinanciaL LENDERISECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("|","We") ONEMAIN FINANCIAL GROUP, LLC 189 CURTNER AVENUE STE 40 SAN JOSE, CA 95125-1067 License No . 408-906- 60DBO 90929 ELISEO E YBARRA 289 MARTINVALE LN SAN JOSE, CA 95119 8920 | have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form and GAP Waiver Addendum, all of which collectively constitute the "Agreement." This Loan Agreement and Disclosure Statement is divided into four sections: A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C. Arbitration Agreement And Waiver Of Jury Trial and D. Entire Agreementhotices/Signature. |f| had any questions, | asked them before | signed these documents. By signing, | indicate my agreement to the statements, promises, terms, and conditions contained in the Agreement. A. TRUTH IN LENDING DISCLOSURES FINANCE CHARGE AMOUNT FINANCED The dollar amount the credit will The amount of credit provided to me TOTAL OF PAYMENTS The amount | will have paid after | have ANNUAL PERCENTAGE RATE The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled. 35.98% $ 2441.39 $ 3104A58 $ 5545.97 My Payment Schedule wi|| be: Number of Payments Amount of Payments /I When Payments Are Due 1 $ 172.92 gé/05/1\9 41 $ 131 . 05 Aonthlymeginning 04/05/19 LATE CHARGE: D Ifany payment is not paid in full within_ days after its due date, | will be ch ged % ofthe amount ofthe payment, but not more than $ or less than $ If any payment is not paid in full within 10 days after its due date, | will be charge $ 10 . 0 if the entire scheduled payment exceeds $ 0 or $ 10 - 00 ifthe entire scheduled payment is $ 0 or less. PREPAYMENT: Ifl pay off early: D | may | will not have to pay a or part o loan's principal balance. D | may |wi|| not get a refun or credit of part of the finance charg or a prepayment in full. | will not SECURITY: | am giving Lender a security interest in: Unsecured D Motor Year Make \Model Véh'Lcle Identification No. D Other Vehicles Collateral \ See the remainder of this Agreement for any additional information prepayment refunds and penalties, if any. out Wdefault\ny required repayment in full before the scheduled date, and ITEMI;’.3.T|0N,6F AMOUN}: FINA CED Amounts paid to others on my behalf 1. $ 36.88 Single Life Premium aid To LIFE INSURANCE COMPANY * 2. $ 67.70 IUI Premium INVOLUNTARY UNEMPLOYMENT INS. CO. * 3. $NONE 4. $NONE 5. $NONE 6. $NONE 7. $NONE 8. $NONE 9. $NONE 10. $NONE 11. $ 12. $ * Lender may retain a 13_ $ portion of these 14_ $ amounts. 15. $ 16. $ 17. $ 18. $ 19. $ 20. $ 21. $ Amounts Paid 22. $ Paid To ELISEo YBARRA 23. $ Paid To 24. $ Paid To 25. $ Paid To 26. $ Paid To 27. $ Paid To $ Amount Financ (Sum of lines 1 - 27) $ . epaid Finan s (itemized below) \ V / PREPAID FINANCE CHARGES 1. $ 75.00 dministrative F Paid To LENDER 2. $NONE Paid To 3. $NONE Paid To 4. $NONE Paid To 5. $NONE Paid To 6. $NONE Paid To 7. $NONE Paid To 8. $NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. By signing below, | acknowledge receipt of a copy of this Federal Disclosure Statement. A .' NED by ELISEO YBARRA(a 019-01-22 18:13:11 CSTv Co-Borrower SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Borrower |||||||||||||||||||||||||||||||||||||||| UXAAA1 (1 1-04-18) C.E. Agreement Page 1 B. LOAN TERMS AND CONDITIONS DATE OF LOAN. 01/22/19 (the date the Finance Charge is scheduled to begin to accrue). CONTRACT RATE. 34 . 34% per year, which is the agreed interest rate. PROMISE TO PAY. For value received, | promise to pay to the order of the Lender all amounts due under this Agreement in accordance with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of this Agreement, | hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property identified in the "Security" disclosure ofthe TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is being purchased with the proceeds hereof; (b) any substitutions or replacements ofthat property; and (c) the proceeds and products ofthat property ((a), (b), and (c) collectively referred to as the "Collateral"). | also hereby grant Lender a security interest in any unearned premiums from any credit insurance | have elected and purchased through Lender in connection with this transaction and any Required Insurance which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and future advances thereof, until | have paid in full all amounts due under this Agreement. Notwithstanding any other provision ofthis Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. | authorize Lender to sign and file financing statements covering the Collateral without my signature. | authorize Lender to file a copy of this Agreement as a financing statement when appropriate. JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due. Each of us under this Agreement, if more than one, agrees that Lender may obtain appro .=| from one Borrower to change the repayment terms and release any Collateral securing the loan, or add parties to or release parties ro this agreement, without notice to any other Borrower and without releasing any other Borrower from his responsibilities. Except as the 'se required by law, Lender does not have to notify Borrower before instituting suit against another Borrower if the note is not paid, and Le der can sue any or all Borrowers upon the default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If | am signing this Agreement s a C-Maker, | understand that | am equally responsible with the Borrower(s). | agree that Lender may pursue me or any Co-Maker if ement is in default. Unless required by law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept di erent pyment terms; (c) Lender releases any security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s). AUTHORIZATION TO USE CREDIT REPORT. By signing this Agree v ent | authorize Lender to utain review and use information contained in my credit report in order to determine whether | may q s marketed by Lender. This authorization terminates when my outstanding balance due under this ‘ ‘ ------ authorization at any time by writing the following: OneMain, P.O. Box 70911, Charlotte, NC 28272-0911. In order to proces nder must be provided my full name, address, and account number. insurance, credit involuntary unemployment insurance, and crdit property insur ce. An affiliate of the Lender may provide the credit insurance that | voluntarily select. | acknowledge that Lender 1 orofit from my purchase of voluntary credit insurance. REQUIRED INSURANCE. | am required to maintain in . ("Required Insurance). The Required Insurance must ep the ollateral i sured gainst hazards for which Lender requires insurance. Such coverage includes but is not limited to loss by ' , and any other risks of loss that would either impair Lender's interest in the Collateral or adversely affect he valu of the Col have the option of providing the Required Insurance olicy obtained and paid for by me. | may purchase this that is acceptable to Lender. Lender may not decline to accept any Insurance prOVIded by me unless It Is for reason Ies of reasonable cause Include but are not IImIted to the flnanCIal condition of the Insurer and the amount or type of cov chOIce of Insurer WIII not otherWIse affect Lenders credit deCISIon or my credit terms The types amounts and deductible | Is that Leno. reqUIres under thls Agreement may change during the term of the Agreement prOVISIon (b) name Lender Its successors and/or aSSIgns as loss payee ( ) prOVIde that su hout at least fifteen (15) days prlor written notice to the loss payee and (d) not Include a IIabIIIty fo ailure o glve such notice | shall promptly glve to Lender satisfactory proof (In Lenders reason Ie estlm on o . rance ano : | celpts of pald premiums and renewal notices | agree to keep my ReqUIred Insuran e In for e untll all amo ‘ s that | o »- Lender under thls Agreement or the security Instrument are pald In full my account Is terminated a d Leno c In case of damage to or loss of the Collateral | agree to give prompt notice to Le Lender may (but is not required to) |f| do not keep Required Insuranc do so under Lender may, but is not required to, in Lender's sole discretion, the Collateral. | understand and agree that: A. ' ' ' ' ount of coverage. B. C. D be much more tha he cost of Insurance | could have obtained on my own. E e utain insurance shall become additional debt of mine under this Agreement This additional debt will bear interest at the Contract Rate from the date of 11 1 u (I) (D F'-O O fl O C" F'-9 3 _.,flO3 F'- 3' :Q. 'Cm 3. (D (I) m 3 ‘< S _.,O fl3m z". O 3 3 (DO(D (I) (I)m fl‘< F'-O 3O 3 :g.O fl F'- 3' (D (I) F'-m F'-C (I) O _., m (D.Q C :(DQ. O ‘< O O" F'-0) E 3 (Q F'-2' U) S U) C fl0) 3O (D F'-O F'- 3'. (D (D5. (D3 F'- 'O (D fl3E(D Q. O" ‘< m 'O '95mE (D EE ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, | hereby absolutely assign to Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security instrument. | agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, to reduce the amounts that | owe under this Agreement or the security instrument, whether or not they are due. | authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that | owe Lender under this Agreement or the security instrument, | remain responsible for payment ofthe balance of any amounts due under this Agreement and the security instrument. CORRECTION; RELEASE. During the term ofthis Agreement, | agree to cooperate with Lender to: (a) correct any clerical errors that were made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens upon payment in full. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION |||||||||||||||||||||||||||||||||||||||| Initials @x.A135 (01---06 19) C. E. Agreement Page 2 CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to by Lender. SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement. NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent of Lender. DEFAULT. Except as prohibited by law or as limited by other provisions ofthis Agreement, Lender may consider you to be in default ofthis Agreement if any one or more ofthe following occurs: A. | fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment due date. B. | fail to do anything else | have agreed to do in this Agreement. C. Any statement or representation | made in my credit application is untrue or incorrect. D. | fail to provide Lender with proof of residence or Required Insurance within three (3 business days after Lender's written request for this information. E. | die, become incompetent, generally fail to pay my debts as they become due, bankruptcy proceeding. r be ome the subject of a voluntary or involuntary F. Anyjudgment, levy, attachment, writ of garnishment, or other similar order is ente ed agai st me or the Collateral. G. Any police or governmental agency seizes or impounds the Collateral or starts forfe ure pro eedings against the Collateral. H. | sell, lease or otherwise encumber or dispose of the Collateral without Lender's writte permi ion. (For Kansas residents only: Lender believes the foregoing events B. gnifica tly impair the prospect of payment performance, or realization of collateral. The burden of establishing the pr spect of such significant Imp ' ent is on the Lender.) GENERAL REMEDIES. If | am in default of this Agreement, Lender s subiect to any requirements of n provisions, all ofthe remedies permitted by law and this Agreement, including: A. Lender may require me to pay Lender immediately, subject to any rebates required by law, t ' ' unpaid balance of the Amount Financed, finance charges, and all other agreed c a . ‘ - amounts will accrue intere the date | am required to ' e or right to cure or similar B Lender may pay taxes assessments or other Ilens or Ilateral If | have not done so but Lender Is not reqUIred to do so Upon payment by Lender these amount WIII be o e I and WIII accrue finance charges at the Contract Rate from the date paid until repaid in full to Lender. C. Lender may require me to make the Collateral r, ' a plae Lender designates that is reasonably convenient to Lender and me. D. Lender may immediately immobilize, disable, s take posse ion of he Col teral by legal process or self help, but in doing so Lender ay then sell the Collateral and apply what Lender receives, , | other amounts due hereunder. E. Except when prohibited by law, | am responsible for any o A oroceeds from the sale of the Collateral do not cover what | F. Lender has the right, but not the oblio. x ' ' ‘ voluntary credit insurance in the event of default ' v in the event of default, subject to any applicable restrictions under state law. credited to my loan account. G. Lender may accept late pay ' ' - n thoug marked "Payment in Full” (or similar language) without losing any of its rights underthis Agre t applies to this Agreement and my loan is finally interpreted so that the interest, finance , orto be collected, in connection with this loan exceed the permitted limits, then: (a) any such interest finance charges loan or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that | owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall constitute a waiver of any right of action | might have arising out of such overcharge. The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract, or business arrangement: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION llllll"IllllJlllLllwllélglllly’lllZIlllgl- 18) C. E. Agreement Page 3 Initials 3' -Y- Account Number --§ 955 INTEREST BEARING LOAN. | agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the daily unpaid Principal balance computed at the Contract Rate, in the Payment amounts shown in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. A|| payments will be applied in the following orderto: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; (b) any past due Payment(s); and (c) any currently due Payments. When applying payments to past and currently due Payments, monies will be applied on a payment by payment basis, in ascending date order, first to accrued interest, then to unpaid Principal. Because interest on my loan is earned daily, early payments will decrease the amount | owe, and late payments will increase that amount. The Payment Schedule assumes that | will make each payment on the day it is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by the Lender. If any unpaid amounts remain due to Lender after my final scheduled payment due date, | agree to pay interest on these unpaid amounts, computed at the Contract Rate, until paid in full, to the extent permitted by applicable law. PRINCIPAL. Principal is the total ofthe Amount Financed, plus any Prepaid Finance Charges that | have financed. PREPAYMENT. | may prepay all or any part of my loan at any time. The Prepaid Finance Charges are deemed by the parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. If this loan is for less than $2,500 and is prepaid in full before the third scheduled payment due date, interest shall be recomputed as required by Financial Code § 22308. For loans up to $2,500, daily finance charges shall be computed as allowed by Financial Code § 22308. LATE CHARGE. | agree to pay any late charge described in the TRUTH IN LENDING DISC OSURES herein. DISHONORED CHECK CHARGE. If my check or other instrument given to Lender i dishonored check charge of $15 . QQ. retu ed unpaid for any reason, | agree to pay a PAYOFF DEMAND STATEMENTS AND BENEFICIARY STATEMENTS. | agree to beneficiary statements allowed by Civil Code § 2943. ay the fees for payoff demand statements and DEFAULT COSTS. In the event of default for loans with an original Principal of $5 000 or reasonable attorney's fees and (c ) costs to realize on any security interest ' . d repossessions) each if and to the shall be available to satisfy any judgment obtained on this loan. PURPOSE OF LOAN. This loan is primarily made for perso al famil or househo purposes. Disclosures required by Civil Code § 1785. 26: As re iredb alw you re noti ed that Lender will submit a negative credit report reflecting on your credit record to credit reporting agen es ifyuufail to me/ the ter s ofthis loan. / / Disclosures required by Finance Code, § 22337. \/\/ If checked, no person has performed services as a bro r in connection ith this loan. D If checked, Dholding a license identified as A .' NED by ELISEO YBARRAQ 019-01-22 18:13:57 CST Borrower Signature Co-qorrower Signature Date d the California Finance Lenders Law, Division 9 (commencing . The provisions of California Code of Civil Procedure § 1283.05 hereunder.regarding the right to discovery shall app to any arbitra Ion proceedin SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION |||||||||||||||||||||||||||||||||||||||| Initials @Y.AA1D3 (11---o4 18) C. E. Agreement page4 C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties without having to file a lawsuit in court. It is a process in which both sides present their case to a neutral third person--the arbitrator--instead of a judge orjury, to resolve the dispute. UNDER THIS AGREEMENT, BOTH LENDER AND | ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL ("this Arbitration Agreement") TO THE FULLEST EXTENT PERMITTED BY LAW. CLAIMS AND DISPUTES COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED BY ARBITRATION," Lender and | agree that either party may elect to resolve all claims and disputes between us ("Covered Claims") by BINDING ARBITRATION. This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to: This Agreement with Lender; any previous retail credit agreement ("Retail Contract") assigned to Lender and any previous loan from or assigned to Lender, whether any ofthe foregoing may be open-end or closed-end; all documents, promotions, advertising, actions, or omissions relating to this or any previous loan or Retail Contract made by or assigned to Lender; any insurance product, service contract, membership plan or warranty purchased in connection with this or any previous loan or Retail Contract made by or assigned to Lender; any product or service offered to Lender's customers with any assistance or involvement by Lender; whether the claim or dispute must be arbitrated; the validity and enforceability of this Arbitration Agreement (except as expressly set forth in subsection G. below) and the Agreement, my understanding of them, or any defenses as to the validity and enforceability of this Arbitration Agreement and the Agreement; any negotiations between Lender and me; the closing, servicing, collecting, or enforcement of any transaction covered by this Arbitration Agreement; any allegation of fraud or misrepresentation; any claim based on or arising under any federal, state, or local law, statute, regulation, ordinance, or rule; any claim based on state orfederal property laws; any claim based on the improper disclosure of any information protected under state or federal consumer privacy laws; any claim or dispute based on any alleged tort (wrong), including intentional torts; any claim for damages or attorneys” fees; and any claim for injunctive, declaratory, or equitable relief. COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also cov s ny claim or dispute between me and any of Le_nder's employees, officers,_ agents, or directors; any of its affiliate corporations; an_y ntities v_vhich provided insurance in connection with any third party that provides me any product or service which | purchased with the a ' employees, officers, agents, or directors of such affiliates or third parties. Affiliate corpo tions a e Lender's parent corporations, subsidiary corporations, and sister_corporations._ S_ome of Lender's affiliates are_OneMain Consum ' ' ' remedies. | may assert in court any defenses | may have to Lender's c alms In suc a .vv u' ny cl_aim or ounterclaim for rescission or damages | may have arising out of relating to or in connection with Lender's exercise of those re ‘ v pursuing arbitration either Lender or | also have the option to bring a lawsuit in court to seekto recover small claims or equivalent court in my state (including costs a ' attorne ' fees), provided that no reII oter than such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit"). If n Excluded Daages Lawsuit is filed, the ot r party cannot require that rights by the fact of having exercised any self-help or ' filed in court an Excluded Damages Lawsuit. ARBITRATION RULES AND PROCEDURES. Association (‘ AAA”) in effect at the time arbitration is started . \ es set forth in this Arbitration Agreement. At my request, Lender will provide me a copy of the AAA Consumer Rules ( . also obtain a copy of those Rules by calling AAA at 1 8-00 778-7879 or _by reviewing AAA's web-si - ' . . . n the event that AAA is either unable, unwilling, or is Agreement, unless | have received notice of a new address for ent sh_a|| limit the arbitrator's ability to enforce_ any of my rights or not able to pay such fees or think they are too high Lender will consider any reasonable costs Lende_r is required to _bear t_Jy law or by the terms of any other agreement with me. otherWIse proVIded r agree ent between the parties E CONDU! all be bound by the Federal Rules of Evidence; however, the federal or any state rules The arbitrator's findings, reasoning, decision and award shall be set forth in writing and shall be Ith the law of the jurisdiction that applies to the loan or other agreement between Lender and me The arblt olde by all appllc ole law protecting the attorney client privilege the attorney work product doctrine or any other 0N. The decision and judgment of the arbitrator shall be final, binding and enforceable in any court having juri 'ction over the partie nd the dispute; however, for Covered Claims resulting in an award of $100,000 or more (including costs and atto : s' fees), any o. y may appeal the award at its own cost except as provided by law to a three-arbitrator panel appointed by the AAA (or J v panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The decision of the panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel' s) findings decision and award shall be subject to judicial review on the grounds set forth in 9 U. S. C. § 10 as well as on the grounds that the findings, decision and award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules. G. LIMITATION OF PROCEEDINGS. Lender and | further agree that the arbitratorwill be restricted to resolving only the claims, disputes or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands of other persons. | agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any Covered Claim. To the extent that this class action waiver provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The determination of the validity ofthe enforceability ofthis class action waiver is to be made by the court and not the arbitrator. llllll"lllllldllgllllllllllllll"IHIII SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION XAE4 (10---01 -16) C. E. Agreement Page 5 Initials Q-Y- Account Number-3955 H. LIMITATION OF ARBITRATOR'S AUTHORITY. The arbitrator may award punitive damages only under circumstances where a court of competentjurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award. The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator may award injunctive reliefthat would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to the arbitration proceeding. l. LOCATION 0F THE ARBITRATION. The arbitration will take place in the county where | live unless Lender and | agree to another location. If Lender and | agree, all or a portion ofthe arbitration proceedings can be conducted by telephone conference. J. FORUM SELECTION CLAUSE. If either Lender or | need to file a lawsuit to enforce this Arbitration Agreement or to pursue claims that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court located in the county in which Lender's address set forth above is located or where | sign this Arbitration Agreement, or in the federal court covering that county, unless the governing law requires suit to be filed in another location. K. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights under this Arbitration Agreement if a Covered Claim is filed in court. OTHER IMPORTANT AGREEMENTS. Lender and | agree: A. This Arbitration Agreement does not affect any applicable statute of limitations or repose or any claims of privi|ege recognized at law in the jurisdiction that applies to the loan, the Agreement or any other agreement between nder and me, which an arbitrator is bound to apply. B. The loan and insurance transactions between Lender and me and other applicable pa es a e transactions involving interstate commerce, using funds and other resources from outside the state. C. The Federal Arbitration Act applies to and governs this Arbitration Agreement. Sta this Arbitration Agreement. D. This Arbitration Agreement applies to and runs to the benefit of Lender's and representatives. E. If any term of this Arbitration Agreement, other than the class action waiver describe remaining terms are severable and enforceable to the fullest extent permitted by law. F. This Arbitration Agreement supersedes any prior arbitration agreementt in writing sig_nedlby the parties. arbitr ion laws and procedures shall not apply to assig s, successors, executors, heirs, and/or in sub ection G. above, is unenforceable, the ENTIRE AGREEMENT. This Agreement contains the e hereto has relied upon any representatigns e_xcept su parties at the addresses shown at the beginning of accordance with this paragraph. BY SIGNING BELOW, I SIGNIFY THAT I HAVE R D, UND CONDITIONS OF THIS AGREEMENT, IN OTHER THINGS, THAT EITHER L EXCEPT AS OTHERWISE PROVIDED IN THE UXAR32 (07-1 5-1 2) ), | have received and read a fully completed, legible copy of all applicable), Credit Score Notice (if applicable) and the Privacy ree that Lender may contact me at any telephone number that | provide Lender now or n ' hone or other wireless device and a number that | later convert to a dialing systems ' ' ' ext messages by or on behalf of Lender for transactional purposes, such as the collection a ‘ 'A X N/A x @93fiéifiiiflféé? L_s_ Witness Borrower ELISEO E YBARRA x N/A x L.S. Witness Co-Borrower x L.S. x L.S. Co-Maker Co-Maker Print Name: Print Name: FOR INFORMATION, CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. (-10 0-8 17) C. E. Agreement Page 6 UNIQUE_ID ACCOUNT_N BRANCH_N CUST_NAME LOAN_DATE TRANSACTION_DETAILS TRANSACTION_DATE EFFECTIVE_DATE AMOUNT APPLIED_TO_BALANCE APPLIED_TO_INTEREST APPLIED_TO_LATE_CHARGE APPLIED_TO_AH APPLIED_TO_LIFE APPLIED_TO_IUI APPLIED_TO_PPI APPLIED_TO_INSURANCE APPLIED_TO_NSF NEW_BALANCE 4167895525223 8955 3219 E‘SJEHO“E* 20190122 Direct Pay-SLFS 20190305 172.92 47.28 125.64 0.0 0.0 0.00 0.00 0.0 0.00 0.0 3132.30 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190405 131.05 39.70 91.35 0.0 0.0 0.00 0.00 0.0 0.00 0.0 3092.60 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190505 131.05 43.76 87.29 0.0 0.0 0.00 0.00 0.0 0.00 0.0 3048.84 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190605 131.05 42. 13 88.92 0.0 0.0 0.00 0.00 0.0 0.00 0.0 3006.71 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190705 131.05 46. 19 84.86 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2960.52 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190805 131.05 44.71 86.34 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2915.81 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20190905 131.05 46.01 85.04 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2869.80 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20194005 131.05 50.05 81.00 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2819.75 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 2019-1 105 131.05 48.81 82.24 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2770.94 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20194205 131.05 52.84 78.21 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2718. 10 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200105 131.05 51.80 79.25 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2666.30 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200205 131.05 53.50 77.55 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2612.80 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200305 131.05 59.96 71.09 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2552.84 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200405 131.05 56.80 74.25 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2496.04 YBARRA, 4167895525223 8955 3219 ELISEO E 20190122 EZPay-ACH 20200505 65.52 2.29 63.23 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2493.75 YBARRA, 4167895525223 8955 3219 ELISEO E 20190122 B39 Payments-ACH 20200506 1.00 1.00 0.00 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2492.75 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200605 131.05 51.53 79.52 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2441.22 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Retmct-Dlrect Pay-SLFS 202006-16 20200605 431.05 -51.53 -79.52 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2544.28 YBARRA, 4167895525223 8955 3219 ELISEO E 20190122 EZPay-ACH 202006-25 140.05 3.75 126.30 10.0 0.0 0.00 0.00 0.0 0.00 0.0 2489.00 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200705 131.05 107.70 23.35 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2381.30 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Retmct-Dlrect Pay-SLFS 20200707 20200705 431.05 -107.70 -23.35 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2596.70 YBARRA, 4167895525223 8955 3219 ELISEO E 20190122 Retmct-EZPay-ACH 20200707 202006-25 -140.05 -3.75 426.30 -10.0 0.0 0.00 0.00 0.0 0.00 0.0 2496.50 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Dlrect Pay-SLFS 20200707 20200705 131.05 1.77 119.28 10.0 0.0 0.00 0.00 0.0 0.00 0.0 2490.98 YBARRA, . 4167895525223 8955 3219 ELISEO E 20190122 Retmct-Dlrect Pay-SLFS 202007-14 20200705 431.05 -1.77 419.28 -10.0 0.0 0.00 0.00 0.0 0.00 0.0 2494.52 YBARRA, 4167895525223 8955 3219 ELISEO E 20190122 Detément 202007-22 0.00 0.00 0.00 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2492.75 YBARRA, 4167895525223 8955 3219 20190122 Cash/Check 202007-22 131.05 0.08 130.97 0.0 0.0 0.00 0.00 0.0 0.00 0.0 2492.67 ELISEO E UNIQUE_ID ACCOUNT_N BRANCH_N CUST_NAME LOAN_DATE TRANSACTION_DETAILS TRANSACTION_DATE EFFECTIVE_DATE AMOUNT APPLIED_TO_BALANCE APPLIED_TO_INTEREST APPLIED_TO_LATE_CHARGE APPLIED_TO_AH APPLIED_TO_LIFE APPLIED_TO_IUI APPLIED_TO_PPI APPLIED_TO_INSURANCE APPLIED_TO_NSF NEW_BALANCE 4167895525223 8955 3219 ESSEO E 20190122 P&L Charge-ofi 2021-02-27 -31.55 0.00 0.00 0.0 0.0 -7.93 -23.62 0.0 -31.55 0.0 2461 . 12 4167895525223 8955 3219 YBARRA: 20190122 Tenn Settlement 2021-03-17 0.00 0.00 0.00 0.0 0.0 0.00 0.00 0.0 0.00 0.0 *** ELISEO E
