Complaint Limited Up to 10KCal. Super. - 6th Dist.June 15, 2021DocuSign Envelope ID: A574D7F1-F556-4002-AB40-658937D9FBAE I=-I=II I=n PLD-C-W‘l A'ITORNEY DR PARTY WITHOUT ATTORNEY (Nam, Siam Bar nunber, andaddless}: 6/1 5/20?quRWAM FLINT c ZIDE, SBN 160369 | JACOB P WILSON, SBN 331448 LAW OFFICE 0F HARRIS & ZIDE Clerk Of Court 1445 HUNTINGTON DRIVE, SUITE 300 Superior Court Of CA SOUTH PASADENA CA 91030 ’ TELEPHONE N0: 626-799-8444 FAX N07 (Optionau- 626-799-8419 county 0f santa Clara E-MAIL ADDRESS (Optionau: 2 1 CV38431 1 ATrORNEY FOR (Name): PLAINTIFF Reviewed By: D Harris SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH iST STREET MAILING ADDRESS: CWANDZIP CODE: San Jose CA 95113 BRANCH NAME: SAN JOSE COURTHOUSE PLAINTIFF: LVNV Funding LLC DEFENDANT: Rachel Allen E DOES 11-0 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- Ecgosscompwm E AMENDED cnoss-COMPLAINT (Number).- Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded X does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000 21 cv38431 1E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Efrom limited to unlimited Efrom unlimited ta limited 1. Plaintiff‘ (name or names): LVNV Funding LLC CASE NUMBER: alleges causes of action against defendant‘ (name ornames): Rachel Allen DOES 1 TO 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name): LVNV Funding LLC (1) Ea corporation qualified to do business in Califomia (2) Dan unincorporated entity (describe): (3} -Dther (Specifll): LIMITED LIABILITY COMPANY b. EPlaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (specify): b-E has complied with all licensing requirements as a licensed (specify): c_E Information about additional plaintiffs who are not competent adults is shown in Attachment 30. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organization, form unknown (1)E a business organization, form unknown (2) Ea corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5) Eother (speciflz): (5)E other {specifl/): “ ll' this form ls used a5 a crosscompialnt, plalnflff means cmm-mmplalnant and defendant means crnss-deiendanL Page 1 of 2 mflmfimgfigflfifnéfim TA053959 COMPLAINT-Conb'act Code of cw" Procedure, § 425.12 PLD-C-Dm [Ram January 1,2007] DocuSign Envelope ID: A574D7F1-F556-4OCZ-AB40-658937D9FBAE PLD-C-OM SHORT TITLE: LVNV Funding LLC Vs. Rachel Allen CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (special Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)D Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D i5 excused from complying because (speciffl: 6. E This action is su biect to D Civil Code section 1812.10 D Civil Code section 2934.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c_ a defendant lives here now. d. D the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that isthe subject ofthis action is located here. g- other (Specify): CCP 395(3) 8. The following causes of action are attached and the statements above apply to each (each compIaint must have one or more causes of action attached): D Breach of Contract m Common Counts E Other (specify): 9_ Other aflegations; Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defendant(s) on an installment loan account ending in 5093 with Plaintiff’s predecessor WebBank Plaintiff having taken said assignment for value. This account was purchased by plaintiff after 1/1/14. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ $4,253.20 b. D interest on the damages (1)E according to proof (2)D at the rate of (special): percent per year from (date): c. D attorney's fees (1)D of: $ (2)D according to proof. d. other (spasm.- SUCH OTHER RELIEF As THE COURT DEEMS PROPER. 11. a The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): DocuSig ned by: jawla (N(Lsom, JACOB P. WILSON ’ 744EB74c711A4E4... [TYPE 0R PRINT NAME) (SIGNATURE 0F PLAINTIFF 0R ATrQRN EV) (lfyuu wish to verify this pleading, afi‘ix a verification.) PLM-Dm {Rel Jamal? 1.20071 COMPLAINT-Contract Past 2 of 2 DocuSign Envelope ID: A574D7F1-F556-4OCZ-AB40-658937D9FBAE PLD-c-oo1(2) SHORT TITLE: LVNV Funding LLC Vs. Rachel Allen CASE NUMBER: FIRST (number) CAUSE OF ACTION-Common Counts ATTACHMENTTO Complaint D Cross-Complaint (Use a separate cause ofactt'on form for each cause ofacfl'on.) 601. Plaintiff (name): LVNV Funding LLC alleges that defendant (name): Rachel Allen became indebted to plaintiff D other (name): a. within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was ag reed that defendant was indebted to plaintiff. b. m within the last D two years four years (1) for money had and received by defendant forthe use and benefit of plaintiff. (2) D for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $D the reasonable value. (3) D for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. (4) m for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to orfor defendant at defendant's special instance and request. (6) D other (specifiz): 00-2. $ ,which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement ora statute CC-4. m Other: DowE according to proof. $4,253.20, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand. Plaintiff is the sole owner and current assignee of this account, whose account number at time of charge off ended in 5093, and was originally owned by WebBank, 215 South State Street Suite 800, Salt Lake City, UT 84111 . UMB Bank, NA, trustee of CL Title Trust I, 222 N. LaSalle Street Ste. 170, Chicago, IL 60601, was the creditor at time of charge off. $4,253.20 was the balance at time of charge off, as shown by Attachment 1. The last payment was made on this account on March 22, 2019, as shown by Attachment 1. The debtor's name and address appeared in the original creditor's records prior to the sale of the debt or as of 12/31/13, as shown in Attachment 2. The names and addresses of all entities who have purchased the debt after charge off are as follows on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page P59 1 of 1 Form Approved far Optlonal Use CAUSE OF ACTION_c°mmon counts Code of Clvll Procedure, § 425.12 Judicial Council of Callfornla PLDaC-001(2) [Rev. January 1. 2009] wwmcourflnfo‘cagov DocuSign Envelope ID: A574D7F1-F556-40C2-AB40-658937D9FBAE ATTACHM ENT ”1” hm" w». m mum rs; .amnmumm Loan ID .5093 Consumer Name RACHEL ALLEN Amou nt Issued $4,000.00 Funding Date 10/22/2018 Charge Off Date 08/20/2019 Charge Off Balance $4,253.20 Cut Off Date 09/27/2019 Sale Date 09/27/2019 Sale Balance $4,253.20 Total Principal Interest Fees Amount Principal Interest Fees Outstanding Outstanding Outstanding Collected Late st Credits Credits Credits Outstanding Outstanding Outstanding Outstanding Next Cash Day Day Day on Principal Interest Fees Fees Collected Collected Collected Fees After After After Payoff Business Movement Date Begin Begin Begin Date Paid Paid Paid Paid Principal Interest Fees Add ed Payment Payment Payment Bala nce Day Date 10-22-2018 $4,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $0.00 $0.00 $4,000.00 FALSE 10-31-2018 $4,000.00 $31.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $31.62 $0.00 $4,031.62 FALSE 11-16-2018 $4,000.00 $87.83 $0.00 $174.41 $86.58 $87.83 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,913.42 $0.00 $0.00 $3,913.42 FALSE 11-30-2018 $3,913.42 $48.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,913.42 $48.12 $0.00 $3,961.54 FALSE 12-24-2018 $3,913.41 $130.54 $0.00 $174.41 $50.66 $123.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,862.75 $6.79 $0.00 $3,869.54 FALSE 12-31-2018 $3,862.75 $30.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,862.75 $30.54 $0.00 $3,893.29 FALSE 01-28-2019 $3,862.75 $125.53 $0.00 $174.41 $48.88 $125.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,813.87 $0.00 $0.00 $3,813.87 FALSE 01-31-2019 $3,813.87 $10.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,813.87 $10.05 $0.00 $3,823.92 FALSE 02-22-2019 $3,813.87 $83.75 $0.00 $174.41 $90.66 $83.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,723.21 $0.00 $0.00 $3,723.21 FALSE 02-28-2019 $3,723.21 $19.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,723.21 $19.62 $0.00 $3,742.83 FALSE 03-22-2019 $3,723.21 $91.57 $0.00 $174.41 $82.84 $91.57 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $0.00 $0.00 $3,640.37 FALSE 03-31-2019 $3,640.37 $28.78 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $28.78 $0.00 $3,669.15 FALSE 04-25-2019 $3,640.37 $108.72 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15.00 $3,640.37 $108.72 $15.00 $3,764.09 FALSE 04-30-2019 $3,640.37 $124.70 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $124.70 $15.00 $3,780.07 FALSE 05-03-2019 $3,640.37 $134.30 $40.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $3,640.37 $134.30 $40.00 $3,814.67 FALSE 05-28-2019 $3,640.37 $214.24 $55.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15.00 $3,640.37 $214.24 $55.00 $3,909.61 FALSE 05-31-2019 $3,640.37 $223.83 $55.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $223.83 $55.00 $3,919.20 FALSE 06-04-2019 $3,640.37 $236.62 $80.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $3,640.37 $236.62 $80.00 $3,956.99 FALSE 06-30-2019 $3,640.37 $319.75 $80.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $319.75 $80.00 $4,040.12 FALSE 07-06-2019 $3,640.37 $338.94 $105.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $3,640.37 $338.94 $105.00 $4,084.31 FALSE 07-31-2019 $3,640.37 $418.88 $105.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $418.88 $105.00 $4,164.25 FALSE 08-02-2019 $3,640.37 $425.27 $130.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00 $3,640.37 $425.27 $130.00 $4,195.64 FALSE 08-20-2019 $3,640.37 $482.83 $130.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $482.83 $130.00 $4,253.20 FALSE 08-31-2019 $3,640.37 $518.00 $130.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $518.00 $130.00 $4,288.37 FALSE 09-27-2019 $3,640.37 $604.34 $130.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,640.37 $604.34 $130.00 $4,374.71 FALSE 2019-09-27 Su mmary $3,640.37 $604.34 $130.00 $121.51 $0.00 $3,640.37 $482.83 $130.00 $4,253.20 Totals $872.05 $359.62 $512.43 $0.00 $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: A574D7F1-F556-40C2-AB40-658937D9FBAE ATTACHM ENT ”2” DocuSign Envelope ID: A574D7F1-F556-4002-AB40-653937D9FBAE I Loan Agreement and Promissory Note SECTION 20 0F THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT T0 BRING 0R PARTICIPATE IN A CLASS ACTION. Date of Loan: October 18, 2018 LenderICreditor: WebBank c/o Avant 222 N. LaSaIIe St., Suite 1700 Chicago, |L 60601 Loan No.:-5093 Borrower: Rachel Allen 9030 Calle del rey, Gilroy, CA 95020 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yearlyrate. 35.95% FINANCE CHARGE The dollar amount the credit wi|| cost you. $2468.91 Amount Financed The amount of credit provided to you or on your behalf. $3810.00 Total of Payments The amount you wi|| have paid after you have made all payments as scheduled. $6278.91 Payment Schedule: You must make 35 monthly payments of $174.41, with the first payment due on Thursday, November 22, 2018, and each subsequent payment due on the same day of each month thereafter, and a final payment of $174.56 plus any unpaid fees, charges, and interest due on Friday, October 22, 2021. Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment. Late Fee: If a payment is not paid in full within 10 days after its due date, you wi|| be charged a $25.00 Late Fee. Prepayment: If you pay off early, either in full or partially, you wi|| not have to pay a penalty and you wi|| not be entitled to a refund of part of the finance charge. See the remainder of this Note for any additional information about nonpayment, default, and any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed The Amount Financed of $381 0.00 is calculated as follows: $4000.00 Principal Loan Amount less $190.00 Administration Fee retained by WebBank equals $3810.00 Amount Financed DocuSign Envelope ID: A574D7F1-F556-4002-AB40-653937DQFBAE $381 0.00 of Amount Financed is given to you directly $0.00 of Amount Financed is paid with respect to your existing loan serviced by Avant (Existing Payoff Amount) ADDITIONAL PROVISIONS 1. Parties, Status of Application; Further Steps Before Approval and Funding of Loan. WebBank, an FDIC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as Lender/Creditor (“WebBank”) is the lender of this loan (“Loan”). In this Loan Agreement and Promissory Note ("Note" or "Agreement"), the words “you,” “your” and “Borrower(s)” mean the Borrower(s) identified above. The words “we,” “us,” and “our” mean WebBank, and after consummation any person who obtains WebBank's rights in this Note. We have not yet committed to make the Loan. We will only be committed to make the Loan if and when we initiate, in Utah, a transfer of funds from our offices in Utah to the bank account you identify for this purpose in the process of applying for the Loan or in connection with the Existing Payoff Amount referenced above to another account on your behalf. Any of our rights, actions, privileges or obligations which are permitted or required to be determined or performed hereunder may be determined or performed by our service provider and such determinations or actions shall have the same effect as if taken by us. 2. Promise to Pay; Interest. If all conditions to funding the Loan are met (see Section 1) and the Loan is funded: (a) $3810.00 of the Amount Financed will be deposited into Your Bank Account as defined below and $0.00 of the Amount Financed is paid with respect to your existing loan serviced by Avant, LLC (“Avant”) and (b) you promise to pay to us (i) the Principal Loan Amount of $4000.00; (ii) simple interest, which accrues daily on the outstanding principal balance, from October 22, 2018 until the date the Loan is paid in full, at the daily rate of 0.08783562%; and (iii) any and all other amounts that become due and payable under this Note (collectively, the "Debt"). 3. (a) Note Payments; Application of Payments. Per the Payment Schedule, this Note is payable in 36 substantially equal monthly installments, including (i) 35 payments of $174.41, commencing Thursday, November 22, 2018; and (ii) a single final payment of $174.56 on Friday, October 22, 2021 (the "Maturity Date"). On the Maturity Date, you shall also be responsible for paying any outstanding fees, charges, and interest. Payments will be due on the same day of every month (such day of the month, or such other day of the month as you and we shall mutually agree in the future, being the “Monthly Due Date”). You may choose to repay by either of the options below in the Section 3(b) Payment Authorization as well as any other reasonable form of payment that we permit including but not limited to paper check. We have based the Payment Schedule on the assumption that you will pay all payments as scheduled. If any payment is scheduled on a date we are not open for business, then you agree to pay us on the next business day, and if such amount is paid on such next business day, we will credit such payment as if we received it on the applicable Monthly Due Date. Payments will be applied first to outstanding fees, if any, then to accrued interest, and then to principal. On the Maturity Date, any unpaid Debt will be payable in full. Unless modified by you and us, the final required payment will likely vary somewhat from prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history causes the interest owing to be less than the above Payment Schedule, we will adjust your final payoff payment to reflect such decrease. If your payment history causes the interest owing to be more than the above Payment Schedule or if any unpaid Debt remains after the Maturity Date, then interest will continue to accrue on the outstanding principal balance at the daily rate set forth above in Section 2 of this Agreement until your obligations, including outstanding principal balance, are paid in full. 3. (b) Payment Authorization. The payment method checked below is based on the payment method you selected during the application process. However, you may choose to repay by any other reasonable form of payment that we permit, including but not limited to mailing a paper check. If you wish to change your payment method, you may contact us by communicating with Avant at 800-712-5407 or support@avant.com. You understand that we will process the payments provided for under this Agreement by the method checked below, which gives you convenience and gives us security that payments will be received on time. )_( Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby authorize us to initiate an electronic debit to the bank account you elect for this purpose during the application process, or any substitute account you later specify, hereinafter called “Your Bank Account,” at the depository financial institution you identify, hereinafter called “Depository.” You authorize us to electronically debit Your Bank Account in accordance with these provisions for amounts owing on or after each scheduled payment date in the Payment Schedule, or for other amounts and dates as provided in the provisions below. Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account, then vou authorize us to verifv and correct the information. You promise that the information that you provide to us relating to Your Bank DocuSign Envelope ID: A574D7F1-F556-4ocz-AB4o-65393709FBAE . . . .. Account corresponus Io a legitimate, open anu acuve account of which you are an owner and that you have the right to InItIate (and to authorize us to initiate) electronic debits from Your Bank Account. You acknowledge that Your Bank Account also includes any bank account that you may designate for payment in the future, and which we confirm in writing with you. Dates and Amounts in the Payment Schedule. You acknowledge that this authorization is an authorization to initiate an electronic debit to Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you to us under this Agreement. You authorize us to initiate an electronic debit for any amount owing in connection with your final payment to the extent such amount is less than your monthly payment amount. Dates and Amounts Post Maturity Date. If, on the Maturity Date, any unpaid Debt remains and you do not instruct us to debit the full amount of your outstanding balance on the Maturity Date, then you authorize us to continue to initiate electronic debits to Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal to the monthly payment amount ($174.41) set forth in your Payment Schedule, or if less, the remaining balance, including fees, charges, and interest, until your obligations are paid in full. You authorize us to initiate electronic debits to Your Bank Account on or after each scheduled payment date, including Monthly Due Dates, for amounts due under any modified payment arrangement as set forth in the “Other Payment Arrangements” section under this Direct ACH Debit provision. Termination. You understand and acknowledge that you may terminate this authorization by notifying us via email at support@avant.com or by mail to Avant, ATTN: Compliance Department, 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601 at least three business days before you wish to terminate this authorization or in such time as to afford us and Depository a reasonable opportunity to act on your request. If an electronic debit is returned to us, we, or our service provider acting on our behalf, may terminate any future recurring electronic debits. If this occurs, you will be responsible for making your payments by some other method acceptable to us. Authorization to Vary Amounts. You understand that you have the right to receive written notice if an electronic debit will vary from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com, or by mail at 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601. Unless you exercise this right, you authorize us to vary the amount of any electronic debit without notice so long as such debit is no more than the amount authorized above. Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of the electronic debit as needed to reflect those partial prepayments. Any partial payment must be received at least 3 business days prior to an electronic debit to ensure an electronic debit amount is varied to reflect such partial payment. Additional Amounts. You further authorize us to initiate single electronic debits for the combined amount of a monthly payment and a late fee that comes due under this Note and separate electronic debits to Your Bank Account for any applicable amounts that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates they become due. Instead of or in addition to any electronic debits described above, you authorize us to electronically debit Your Bank Account for any amount and on any date that you subsequently confirm by phone, text message or e-mail. Other Payment Arrangements. If we agree, you may enter into a modified payment arrangement that may change certain terms of this Payment Authorization. If you and we agree to change any terms of this Payment Authorization, including the dates or amounts of scheduled monthly payments, all other provisions of this Payment Authorization not changed will remain in full force and effect. Unless otherwise specified in the terms of your modified payment arrangement, if you fail to satisfy your obligations under any payment arrangement, you complete your obligations, or we terminate a payment arrangement, then you authorize us to debit Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior to the modified payment arrangement, in accordance with this Payment Authorization. Error Correction. In the event we make an error in processing any electronic debit, you authorize us to initiate an electronic debit or credit to Your Bank Account to correct the error. If you believe we have initiated a payment in a manner not contemplated by this authorization, then please contact Avant at 800-712-5407 or at 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601. Re-lnitiation. You authorize us to re-initiate any electronic debit a total of two additional times (if necessary) for the same amount if the electronic debit is dishonored. Applicable Law. You acknowledge that the origination of electronic debits from Your Bank Account must comply with the provisions of U.S. law. D S. E IOnltggggfgfigrggg283;t&%%hggé§g;%gkggEu ARE N0T(AND WERE N0T)REQUIRED To AGREE To THIS ELECTRONIC °C” '9” ”ve°Be:m'. Aumdmuiuuw' .u' :mm .mu A TRANSACTION WITH us. BY SELECTING THIS OPTION, You ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING T0 PAY ELECTRONICALLY. _ Remotely Created Check. By selecting the Remotely Created Check option, you authorize us to create paper checks, bearing the legend “As Authorized by Drawer No Signature Required,” your typed name and/or other information as may be required under applicable law, rather than your handwritten signature, drawn on the bank account you elect for this purpose during the application process, or any substitute account you later specify, hereinafter called "Your Bank Account," at the depository financial institution you identify, hereinafter called "Depository." For purposes of this authorization, a Remotely Created Check may be otherwise known as remotely created consumer items, demand drafts, telechecks, preauthorized drafts issued by the drawer of the order, or paper drafts. You agree any designation such as “As Authorized by Drawer,” “No Signature Required” and/or your typed name or any other designation as mandated by applicable law will constitute your authorized signature fully reflecting your intent to authenticate any such Remotely Created Check. You further authorize us to submit each Remotely Created Checkfor payment to the Depository in the amount of each scheduled payment owing to us under this Note on or after each scheduled payment date in the Payment Schedule, or for other amounts and dates as provided in the provisions below. Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account, then you authorize us to verify and correct the information. You promise that the information that you provide to us relating to Your Bank Account corresponds to a legitimate, open and active account of which you are an owner. You acknowledge that Your Bank Account also includes any bank account that you may designate in the future, and which we confirm in writing with you. Dates and Amounts in the Payment Schedule. You acknowledge that this authorization allows us to create and submit Remotely Created Checks from Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you to us under this Agreement. You authorize us to create and submit Remotely Created Checks for any amount owing in connection with your final payment to the extent such amount is less than your monthly payment amount. Dates and Amounts Post Maturity. If on the Maturity Date, any unpaid Debt remains, and you do not instruct us to create and submit a Remotely Created Check for the full amount of your outstanding balance from Your Bank Account on the Maturity Date, then you authorize us to continue to create and submit Remotely Created Checks from Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal to the monthly payment ($174.41) set forth in your Payment Schedule, or if less, the remaining balance including fees, charges, and interest until your obligations are paid in full. You authorize us to create and submit Remotely Created Checks from Your Bank Account on or after each scheduled payment date, including Monthly Due Dates, for amounts due under any modified payment arrangement as set forth in the “Other Payment Arrangements” section under this Remotely Created Check provision. Termination. You understand and acknowledge that you may terminate this authorization by notifying us via email at support@avant.com or by mail to Avant, ATTN: Compliance Department, 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601 at least three business days before you wish to terminate our authority or in such time as to afford us and Depository a reasonable opportunity to act on your request. If any RCC payment is returned, we, or our service provider acting on our behalf, may terminate any future recurring RCC payments. If this occurs, you will be responsible for making your payments by some other method acceptable to us. Authorization to Vary Amounts. You understand that you have the right to receive written notice if a Remotely Created Check will vary from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com, or by mail at 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601. Unless you exercise this right, you authorize us to vary the amount of any Remotely Created Check without notice so long as such Remotely Created Check amount is not more than 110% of the amount authorized above. Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of any Remotely Created Check as needed to reflect those partial prepayments. Any partial payment must be received at least 3 business days prior to creation of a Remotely Created Check to ensure that the Remotely Created Check amount is varied to reflect such partial payment. Additional Amounts. You further authorize us to create and submit a single Remotely Created Check for the combined amount of a monthly payment, late fee, and/or dishonored payment fee that has come due under this Note or to create and submit separate Remotely Created Checks from Your Bank Account for any applicable amounts that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates they become due. Instead of or in addition to any Remotely Created Check described above you authorize us to create and submit a Remotely Created Check from your Bank Account for any amount and on any date that you subsequently confirm by phone, text message or email. Other Payment Arrangements. If we agree, you may enter into a modified payment arrangement that may change certain terms of I this Remotelv Created Check orovision. If vou and we agree to change any terms of this Remotely Created Check provision, Docuslgn Envelope ID: A574D7F1-F556-4ocz-AB4o-65393709FBAE . . . InCqumg Ine Gales 0r amounls 01 scneuweu monInIy payments, all other terms 0f thIS Remotely Created Check prOVISIon not Changed will remain in full force and effect. Unless otherwise specified in the terms of your modified payment arrangement, if you fail to satisfy your obligations under any payment arrangement, you complete your obligations, or we terminate the payment arrangement, then you authorize us to create and submit Remotely Created Checks from Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior to the modified payment arrangement, in accordance with this Payment Authorization. Error Correction. In the event we make an error in creating and submitting checks from Your Bank Account, you authorize us do what is reasonable and necessary to correct the error. If you believe we have presented a Remotely Created Check in a manner not contemplated by this authorization, then please contact Avant at 800-712-5407 or at 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601. Re-lnitiation. You authorize us to present for payment any Remotely Created Check a total of two additional times (if necessary) for the same amount if the Remotely Created Check is dishonored. Applicable Law. You acknowledge that the creation and submission of Remotely Created Checks from your Bank Account must comply with the provisions of U.S. Law. 4. Prepayment. You may prepay the Debt in whole or in part at any time without penalty. That is, you will not incur any additional fee or charge for partial prepayment or prepayment in full. 5. Fees and Charges. (a) Your Loan is subject to a non-refundable Administration Fee of $190.00. This fee is deducted from your Principal Loan Amount and is paid to WebBank as the originator of this Loan. The Amount Financed is the Principal Loan Amount less the Administration Fee. Pre-payments will not result in the refund of any Administration Fee amount. You acknowledge that the Administration Fee is considered a part of your Principal Loan Amount and is subject to the accrual of interest. (b) If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee. (c) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the Debt is returned unpaid. 6. Use of Amount Financed. You promise that you will use the proceeds of the Loan for consumer purposes and not for any student loan or any illegal purposes. 7. BreachIRemedies. If: (a) you fail to pay any scheduled installment when due; (b) any bankruptcy, receivership or insolvency proceeding is initiated by or against you or you make any assignment for the benefit of creditors; (c) you die; (d) you fail to keep any promise or meet any other obligation in this Note; or (e) we discover that you have made a material misrepresentation, then, subject to applicable law (including any notice or cure right under applicable law), we may declare all Debt under this Note immediately due and payable, exercise any right provided by applicable law and, if the Debt is referred for collection to an attorney who is not a salaried employee of ours, charge you reasonable attorneys' fees permitted by applicable law. 8. Waivers. We may accept late or partial payments, even though marked "paid in full," or with similar language, without losing any of our rights under this Note, and we may delay enforcing any of our rights under this Note without losing them. We do not have to: (a) give notice that amounts due have not been paid ("notice of dishonor"), (b) demand payment of amounts due ("presentment"), or (c) obtain an official certification of nonpayment ("protes "). You hereby waive notice of dishonor, presentment and protest. Even if, at a time when you are in breach, we do not require you to pay immediately in full as described above, we will still have the right to do so if you are in breach at some other time. Neither our failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those rights in whole or in part, regardless of how often we fail or delay in enforcing or exercising such rights. To the extent allowed by law, no extension of time for payment of any part of the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document or agreement relating to the Debt or this Note shall release, modify, amend, waive, extend, change, discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all or part of the Debt, unless otherwise agreed to in writing. 9. Applicable Interest andlor Loan Charge Maximums Will Be Observed. Notwithstandina anv orovision of this Note to the contrarv. if anv law applicable to this Note or the Debt is finally interpreted so that the interest or other Docuslgn Envelope ID:A574D7F1-F556-4ocz-AB4o-65393709FBAE . . . . . cnarges 0r Iees CUIIeCIeu 0r I0 De CUIIeCteu In connecuon WIIn Ine Debt 0r thIS Note exceed the legally permltted Ilmlt, then: (a) any such Interest, charge or fee shall be reduced by the amount necessary to reflect and be in compliance with the maximum permitted limit; and (b) any sums already collected, to the extent such sums would otherwise exceed a permitted limit, will be refunded to you. We may choose to make this refund by applying such amounts to your then outstanding Debt by reducing the Debt and/or by making a direct payment to you. 10. Severability. Except as set forth in the Arbitration Provision, the unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision of this Note. 11. Notices. Unless otherwise specified, all notices and other communications under this Note shall be given in writing and shall be deemed to have been duly given and effective upon receipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic transmission, and upon posting for notices we give you on our website. Any notice or other communication to you may be delivered in accordance with the consent to electronic communications you have executed or to the address we maintain for you in our records. Any notice to us must be sent to Avant, 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601 unless a different address for notice is later provided in writing by us to you. 12. Assignment. You may not assign any of your obligations under this Note without our written permission, which we are not required to give. We may assign this Note at any time without your permission. Our transfer may be made by causing a registration of transfer in the record of ownership as described below, without providing you with any other notice (except where such notice is required by applicable law). Your obligations under this Note apply to all of your heirs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors and assigns. Ownership of this Agreement (and rights hereunder, including with respect to principal and interest) shall be registered in a record of ownership maintained by an entity specifically designated for such purposes. You hereby irrevocably appoint Avant as your agent acting solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder) will be valid only if and when it is registered in such record of ownership. You shall treat each person whose name is registered in the record of ownership as the owner, assignee or participant, as applicable, for all purposes of this Agreement, including, but not limited to, the rights to payments of principal and interest. The record of ownership shall be made available to you in a form and manner determined by the agent maintaining it from time to time upon reasonable prior written notice. 13. Governing Law. Except to the extent, if any, prohibited by applicable law, this Note (other than the Arbitration Provision) and all controversies relating to this Note are governed by federal law and, to the extent state law applies, the law of the State of Utah. 14. Amendment. Except for orally agreed upon changes with respect to the Payment Authorization and any other changes to your Payment Schedule, this Note may not be amended, modified or limited except by a written agreement executed by both you and us. 15. Contacting You; Phone and Text Messages. You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties") to contact you using manual calling methods, automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with your Loan application, the Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. To stop commercial advertising or promotional emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties' emails. 16. Credit Reports and Monitoring. NOTICE OF FURNISHING NEGATIVE INFORMATION. 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. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL. D38?i8Tu5”é§'3pfi\'RDAfu7u43Kligie'f‘é’?\zl'fifiéggifigfimgififAmu THE HOLDER 0F THIS NOTE MAY OBTAIN CONSUMER REPORTS AND RELATED INFORMATION ABOUT YOU FROM ONE OR MORE CONSUMER REPORTING AGENCIES THROUGHOUT THE TERM OF YOUR LOAN. INCLUDING |N THE MONTH FOLLOWING THE MONTH WHEN YOU PAY OFF OR OTHERWISE SATISFY THE LOAN. YOU EXPRESSLY AUTHORIZE WEBBANK. AVANT AND THE HOLDER OF THIS NOTE TO USE THE INFORMATION OBTAINED FROM SUCH REPORTS TO. AMONG OTHER THINGS. MARKET REFINANCINGS AND OTHER PRODUCTS TO YOU. MAKE DECISIONS RELATED TO THE SERVICING AND COLLECTION OF YOUR ACCOUNT. MEASURE HOW THE LOAN YOU OBTAINED FROM WEBBANK OR AVANT IMPACTS YOUR CREDIT. PERFORM OTHER STATISTICAL ANALYSIS AND SHARE INFORMATION WITH YOU ABOUT YOUR CREDIT PROFILE. 17. Credit Bureau Disputes. If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by communicating with Avant at 800-712-5407 or send an email to us at support@avant.com. You will need to provide your Loan Number along with a copy of your credit bureau report reflecting the information that you believe is inaccurate. If you believe that you have been the victim of ident'rty theft, submit an identity theft affidavit or identity theft report to idtheft@avant.com. 18. Bankruptcy. You promise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and have no current intention of filing a petition for relief under the United States Bankruptcy Code. If you file for bankruptcy under the United States Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant at 222 N. LaSaIIe St, Suite 1700, Chicago, Illinois 60601, Attn: Bankruptcy Notice. 19. Non-Negotiable Instrument. This Note is not a negotiable instrument. 20. Arbitration Provision. By signing below, you agree to this Jury Trial Waiver, Class Action Waiver and Arbitration Clause (“Clause"). We have drafted this Clause in question and answer form to make it easier to understand. But, this Clause is part of this Agreement and is legally binding. Background and Scope. Question What is arbitration? ls it different from court and jury trials? Can you opt-out of this Clause? What is this Clause about? Who does the Clause cover? W An alternative to court Yes Yes, within 60 days The parties' agreement to arbitrate Disputes You, us, and certain "Related Parties" M In arbitration, a third party arbitrator (“TPA”) resolves Disputes in a hearing (“hearing”). It is less formal than a court case. The hearing is private. There is no jury. It is usually less formal, faster, and less expensive than a lawsuit. Pre-hearing fact-finding (called “discovery") is limited. Appeals are limited. Courts rarely overturn arbitration awards. If you do not want this Clause to apply, you must send us a signed notice within 60 calendar days after signing this Agreement. You must send the notioe in writing (and not electronically) to the following address: Attn: Avant - Legal Department, 222 N. LaSaIIe St, Suite 1700, Chicago, Illinois 60601. You must provide your name, address and Agreement number and date of this Agreement. You must state that you “opt out” of the arbitration clause. If you opt-out of this Clause, it will not affect any other term of this Agreement. Unless prohibited by applicable law and unless you opt out, you and we agree that any party may elect to arbitrate or require arbitration of any "Dispute" as defined below. This Clause governs you and us. It also covers certain “Related Parties.“ These include: (1) our parent companies, subsidiaries, and affiliates; (2) our employees, directors, officers, shareholders, members, representatives and service providers; and (3) any person or company that is involved in a Dispute that you pursue relating to this Agreement or your loan with us. DocuSign Envelope ID: A574D7F1-F556-4002-AB40-658937D9FBAE What Disputes does Most Disputes that the Clause cover? would normally go to court (except certain Disputes about this Clause) Who handles the Usually AAA or JAMS arbitration? Can Disputes be Sometimes litigated? Are you and we giving Yes up any rights if a Dispute is arbitrated? Can you or another No consumer start class arbitration? This Clause governs “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Clause, the word “Disputes" has the broadest reasonable meaning. It includes all past, present and future claims directly or indirectly arising from or related to your application, this Agreement, your loan and relationship with us and any communications relating to the same. It includes claims based on contract, tort, intentional tort, fraud, negligence, agency, equity, statute or regulation, or any other sources of law, claims seeking damages or injunctive or declaratory relief and initial claims, oounterclaims, cross-claims, third-party claims. It includes claims related to any prior applications or agreements. It includes extensions. It includes claims related to privacy and customer information. It includes claims related to the validity in general of this Agreement. But, it does not include disputes about the validity, coverage, or scope of this Clause or any part of this Clause. All such disputes are for a court and not the TPA to decide. Arbitrations are conducted under this Clause and the rules of the arbitration company in effect at the time the arbitration is commenced. But, arbitration rules that conflict with this Clause do not apply. The arbitration company will be either: o The American Arbitration Association (“AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org. o JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org o Any other company picked by agreement of the parties. If all the above options are unavailable, a court will pick the arbitration company. But, no arbitration may be administered without our consent by any arbitration company that would permit class arbitration under this Clause. The arbitrator will be selected under the arbitration company's rules. But, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we or the Related Parties to the Dispute otherwise agree. Either party may bring a lawsuit in oourt 'rf the other party does not demand arbitration before or after the lawsuit is brought. We wi|| not demand arbitration of any lawsuit you bring as an individual action in smaII-claims court that is within that court's jurisdiction. But, we may demand arbitration of any smaII-claims action that is transferred, removed or appealed to a different court or 'rf any smaII-claims action is brought on a class basis. Even if all parties have opted to litigate a Dispute in court, you or we may elect arbitration with respect to any Dispute brought by a new party or any Dispute later asserted by a party in that or any related or unrelated lawsuit. For example, if we file a lawsuit against you in court to recover amounts due under this Agreement, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Dispute (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. If a Dispute is arbitrated, you and we give up our rights to: Have juries decide Disputes. Have courts, other than small-claims courts, decide Disputes. Serve as a private attorney general or in a representative capacity. Join or consolidate a Dispute with disputes by other parties. Bring or be a class member in a class action claim or lawsuit, including as a representative or member, or class arbitration. 91:59.”? The TPA is n_ot allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Clause must be decided in an individual arbitration or an individual smaII-claims action. This Clause (except for this sentence) will be void if a court rules that the TPA can decide a Dispute on a class basis and the court's ruling is DocuSign Envelope ID: A574D7F1-F556-4002-AB40-658937D9FBAE What law applies? Will anything you do make this Clause ineffective? 9m What must a party do before starting a lawsuit or arbitration? How does arbitration start? Will any hearing be held nearby? What about appeals? The Federal Arbitration Act (“FAA”) No, unless otherwise agreed W Send a written Dispute notice and work to resolve the Dispute Following the rules of the selected arbitration company Yes Very limited not leversed on appeal. Other terms of this Clause can be severed ifheld to be unenforceable and the remaining terms shall be enforced. This Agreement involves interstate commerce. Thus, the FAA governs this Clause. The TPA must apply applicable substantive law consistent with the FAA. The TPA must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings. The TPA may award any damages or equitable relief provided for under applicable law for an individual action. The Clause stays effective unless the parties sign an agreement stating it doesn't. This Clause stays in force even 'rfyou default under your Agreement or go into or through bankruptcy or 'rfthe Agreement is assigned, terminated or is no longer in effect. Process.M Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If Avant is the complaining party, notice of delinquency wi|| be sent to you and posted to your online customer dashboard. Such notice of delinquency shall qualify as notioe of Dispute for purposes of this provision. If you are the complaining party, you must send the notice in writing (and not electronically) to the following address: Attn: Avant - Legal Department, 222 N. LaSaIIe St., Suite 1700, Chicago, Illinois 60601. You, or an attorney you have personally hired, must sign the notice and must provide your Agreement number and a phone number where you (or your attorney) can be reached. Onoe a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis. If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or arbitration, subject to the terms of this Clause. To start arbitration, the complaining party picks the arbitration company and follows the arbitration company's rules. If one party begins or threatens a lawsuit, or files a counterclaim in an existing lawsuit, the other party can demand arbitration. This demand can be made in court papers such as a motion to compel arbitration. It can be made 'rf a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop. The TPA may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. But, any in-person arbitration hearing must be held at a place reasonably convenient to you. Appeal rights under the FAA are very limited. Except for FAA appeal rights and except for Disputes involving more than $50,000 (including Disputes involving requests for injunctive relief that could cost more than $50,000), the TPA's award will be final and binding. For Claims involving more than $50,000, any party may appeal the award to a panel of three TPAs appointed by the arbitration company, which will reconsider from the start anything in the initial award that is appealed. The panel's decision will be final and binding, except for any FAA appeal right. Any appropriate oourt may enter judgment upon the arbitrator's award. Arbitration Fees and Awards. DocuSign Envelope ID: A574D7F1-F556-4002-AB4o-65393709FBAE Question Short Answer Further Detail Who bears arbitration We generally pay most We will pay our share of the filing, administrative, hearing and TPA's fees. At your fees? fees, sometimes all request, we will advance your share of these fees if you act in good faith and cannot get a waiver. We will always pay these fees if required under applicable law or the arbitration company's rules or if payment is required to enforce this Clause. When will we cover If you win If you win an individual arbitration, we will pay your reasonable fees and costs for your legal fees and attorneys, experts, and witnesses. We will also pay these amounts if required under costs? applicable law or the arbitration company/s rules or if payment is required to enforce this Clause. The TPA shall not limit his or her award of these amounts because your Dispute is for a small amount. In situations other than those described in this answer, you will be responsible for your own attorney fees and other expenses. Will you ever owe us Under certain The TPA can require you to pay our fees if (1) permitted under applicable law or 'rfthe for arbitration or circumstances TPA finds that you have acted in bad faith (as measured by the standards set forth in attorneys' fees? Federal Rule of Civil Procedure 1 1(b)); and (2) this power does not make this Clause invalid. Can a failure to resolve Yes You are entitled to an arbitration award of at least $7,500 if: (1) you give us notice of a a Dispute informally Dispute on your own behalf (and not on behalf of any other party) and comply with all result in a larger of the requirements of this Clause (including the requirements described in response to recovery for you? the question reading "What must a party do before starting a lawsuit or arbitration?)"; (2) we refuse to provide you with the relief you request before an arbitrator is appointed and (3) the TPA awards you money damages greater than the last amount you requested at least ten days before the arbitration commenced. This is in addition to the attorneys' fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. This $7,500 minimum award is a single award that applies to all Disputes you have raised or could have raised in the arbitration. Multiple awards of $7,500 are not contemplated by this Clause. Settlement demands and offers are strictly confidential. They may not be used in any proceeding by either party except to justify a minimum recovery of $7,500. Can an award be Yes A party may request an explanation from the TPA, within 14 days of the ruling. Upon explained? such request, the TPA wi|| explain the ruling in writing. 21. State Notices and Special Provisions. All Borrowers, including California I New York I Rhode Island I Utah I Vermont Residents You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Note, taking collection action on this Note, or for any other legitimate purposes associated with this Note. Upon your request, you wi|| be informed of whether or not a consumer credit report was ordered, and if it was, you wi|| be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit reoord may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. All Borrowers, Including Iowa I Maine I Missouri I Nebraska I Oregon [Texas I Utah [Washington Residents Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify. All Borrowers, including Iowa and Kansas Residents NOTICE T0 CONSUMER: DocuSign Envelope ID: A574D7F1-F556-4ocz-AB4o-65393709FBAE 1. Do not sign this Agreement before you read it. 2. You are entitled to a copy of this Agreement. 3. You may prepay the unpaid balance at any time without penalty. California Residents A married applicant may apply for a separate account. Maryland Residents To the extent, ifany, that Maryland law applies to this Note, we elect the Credit Grantor CIosed-End Credit Provisions in Title 12, Subtitle 10 of the Commercial Law Code as the applicable Maryland law. Massachusetts Residents Massachusetts law prohibits discrimination based upon marital status or sexual orientation. New Hampshire Residents You shall be awarded reasonable attorney's fees if you prevail in any legal action you bring against us or we bring against you. If you successfully assert a partial defense, set-off or counterclaim against us in an action we bring against you, the court or arbitrator may withhold from us the entire amount or such portion of the attorney's fees as it considers equitable. You or your attorney may file a complaint with the New Hampshire Commissioner of Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for filing complaints can be found on the Commissioner's website at www.nh.gov/banking/consumer-assistance/complaint.htm. Ohio Residents The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. Married Wisconsin Residents If you are married: (1) You confirm that the Loan is being incurred in the interest of your marriage or family. (2) No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (3) You understand and agree that we will provide a copy of this Note to your spouse for his or her information. BY CONSIDERING AND TAKING ACTION 0N YOUR APPLICATION FOR THE LOAN, WE AGREE T0 THE TERMS 0F THIS NOTE, INCLUDING THE ARBITRATION PROVISION. BY CLICKING THE BUTTON BELOW READING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY 0F THIS NOTE, YOU UNDERSTAND THIS NOTE AND YOU AGREE T0 ITS TERMS, INCLUDING THE ARBITRATION PROVISION. CAUTION-IT IS IMPORTANT THAT YOU THOROUGHLY NOTICE T0 BORROWER READ THE AGREEMENT BEFORE YOU SIGN IT' (a) D0 NOT SIGN THIS NOTE BEFORE YOU READ THE WRITING ABOVE, EVEN |F OTHERWISE ADVISED. (b) D0 NOT SIGN THIS NOTE |F IT CONTAINS ANY BLANK SPACES. (c) YOU ARE ENTITLED T0 AN EXACT COPY 0F ANY AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME T0 PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS NOTE. DocuSign Envelope ID: A574D7F1-F556-4002-AB40-65B937D9FBAE [I AGREE] Customer Signature: Name: Rachel Allen Last 4 SSN:- Signed At: October 18, 2018 08:38 CustomerID:- SIGNATURE: 6fa5d775eda8326c6f19669fbdf8b7e91a20c20d Notice to Arizona Borrowers: You may request that the initial disclosures prescribed in the Truth in Lending Act (15 United States Code §§ 1601 through 1666]) be provided in Spanish before signing any loan documents. Aviso a solicitantes de prestamos en Arizona: Tiene el derecho de solicitar la declaracién de divulgacién inicial prescribida en la legislacién de Veracidad de Crédito (Truth in Lending Act-15 United States Code §§ 1601 through 1666]) en Espafiol antes de fimIar cualquier documento de prestamo. DocuSign Envelope ID: A574D7F1-F556-40C2-AB40-658937D9FBAE ATTACHM ENT ”3” DocuSign Envelope ID: A574D7F1-F556-40C2-AB40-653937D9FBAE ACCOUHT SUMMARY REPDRT 411 932021 10:44:58 AM This accountsummary has been preparedby Resume”! Capital Services 0n behalfquL-WVFundiny LLC. it i5 nuts credit card or otheraccount statement from me origins! creditor. Borrower Inform ation Current Account Information Name: RACHEL ALLEN Address: 9030 Calla Del Rey City: Gilmy State: CA m Code: 95020-823] Owner: L‘u'N‘u' Funding LLC Reference #: 636343865 Original Creditor: WebBank Account Number: 2005093 Current Balance Due: $4253.20 Date of Last Payment: [133232D1 9 Recent Payment Transactions No Transactions Found Historical Account Information The original creditor for this account was: The origination date with original creditor was: Tlle charge-off creditor for this accou nt was: The add ress of the charge-off cred itor was: Tlle account chargenfi date was: The account chargeafiamou nt was: The account was acquired on or about: The account balance at time of acquisifion: Tlle borrower's add ress from charge-ofi creditor's records: WebBank 21 5 South State Street Suite BUD Salt Lake Cine UT 84111 10!22J.'2U1 8 UM B Ban K, NA trustee of CL Title Trust | 222 N. LaSalle Street Ste. 17m] Chicago, |L 60601 OBJEUJEW 9 $4253.20 UQETIEW 9 $4253.20 903D CALLE DEL REY GILROY, CA 95020 This communication is Hum a debt caustic! and this is an attempt to collecta debt Anyinflmnafion obtained mil! be used fior that purpose. Page 1 of2 DocuSign Envelope ID: A574D7F1-F556-40C2-AB40-653937D9FBAE ACCOUNT SUMMARY REPORT 411 332021 10:44:58 AM Ownership History Date Of Transfer OwnerICred 'rtor Name OwnerrCred itor Add ress {193275019 UMB Bank. NA, trustee of CL 222 N. LaSalle Street Ste. Title Trustl 1WD CJDAvant Chicago. IL 60501 093712019 Sherman Originator III LLC PD. Bax 10466 CID Resurgent Capital Services Greenville, SD 29603 LF' 09:2?!201 9 Sherman Originator LLD PD. Box 10466 CID Resurgent Capital Services LP Greenville, SC 29603 LVNV Funding LLC CID Resurgent Capital Services LF' PD. Box 10466 Greenville, SC 29603 Page 2 of2 DocuSign Envelope ID: A574D7F1-F556-4OCZ-AB40-658937D9FBAE \DOOQONUIAUJNH NNNNNNNNNHHHHHHHHHH OOQONUIAUJNHOOOONQUIAUJNHO DECLARATION OF JURISDICTIONAL FACTS The undersigned declares that he/she is authorized to make this declaration for and on behalf of the plaintiff herein. Pursuant to Civil Procedure Sections 395 and 396a, the above entitled court is the proper court for the trial of the above entitled action because: [X] One of the defendants resides within the jurisdiction of the above entitled court at the commencement of this action. [ ] Goods or services or loans were provided within the jurisdiction of the above entitled court. | declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. 06/09/2021 . . Executed at South Pasadena, California. D FLINT C. ZIDE JACOB P. WILSON
