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John P. Kenosian Bar ¹ 80261
Law Offices of Kenosian 8 Miele, LLP
8581 Santa Monica Blvd., ¹17
Los Angeles, CA 90069
(888) 566-7644 ELECTRONICALLY
F I L E D
Superior Court of California,
4 Attorney for BH FINANCIAL SERVICES, LLC County of San Francisco
03/16/2020
Clerk of the Court
BY: NADITA MASON
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
10 SAN FRANCISCO LIMITED CIVIL
BH FINANCIAL SERVICES, LLC, Case No.: CGC-19-576047
A Limited Liability Company
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Plaintiff,
13 vs. DECLARATION RE: AWARD OF ATTORNEY
FEES
14 GOYETTE WILLIAMS
15 and DOES 1 to 5, inclusive,
16 Defendant s
17 I,John Kenosian, declare:
18 1) I am the Attorney for Plaintiff,BH FINANCIAL SERVICES, LLC . Ihave personal
19 knowledge of the facts stated herein. IfI were called upon to testify Iwould competently testify
20 as to the matters stated herein.
21 2) Plaintiff sued on a Promissory Note and Disclosure Statement. Pursuant to the terms
22 and conditions of the Account, a copy of which is attached hereto as Exhibit "A", Plaintiff is
23 entitled to an award of reasonable attorney fees.
24 3) Under local court rule 20, Plaintiff is entitled to attorney fees in the sum of $ 520.00.
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DECLARATION RE: AWARD OF ATTORNEY FEES
Page 1 of 2
Ideclare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on January 28, 2020, at Los Angeles, California.
John Ke o an ttorney for Plaintiff
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DECLARATION RE: AWARD OF ATTORNEY FEES
Page 2 of 2
LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT
Loan No.: 416 Date of Note: September 20, 2015
Expected Funding Date: September 21, 2015
Lender: LoanMe, Inc. Borrower: GOYETTE WILLIAMS
Address: 1900 S. State College Boulevard Address: 2018 KEITH STREET
Suite 300 SAN FRANCISCO, CA
Anaheim, CA 92806 94124
In this Promissory Note and Disclosure Statement (" Note" ), the words "you" and "your" mean the
person signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent
holder of this Note.
TRUTH XN LENDING ACT DXSCLGSURE STATEMENT
ANNUAL
FINANCE AMOUNT
PERCENTAGE FINANCED
TOTAL OF PAYMENTS
CHARGE
RATE
The dollar amount The amount of The amount you will have
The cost of your credit as
a yearly rate
the credit will cost credit provided to paid after all payments are
you you made as scheduled
138.58 ~/0 $ 11,412.12 $ 2,525.00 $ 13,937. 12
PAYMENT SCHEDULE
One payment of $ 391.96 on November 01, 2015.
46 monthly payments of $ 294.46 beginning on December 01, 2015.
Late Charge: If a payment is more than 15 days late, you will be charged $ 15.00.
Prepayment: If you pay off this loan early, you will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment,
default and any required repayment in full before the scheduled date.
XTEMIZATXGN GF AMOUNT FXNANCED
Amount Financed: $ 2,525.00
Amount Paid to Borrower Directly: $ 2,525 ~00
Prepaid Finance Charge/Origination Fee: $ 75.00
This Note is in original format an electronic document fully compliant with the Electronic Signatures
in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and that
the one, true original Note is retained electronically by us. All other versions hereof, whether
electronic or in tangible format, constitute facsimiles or reproductions only.
FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder
of this Note the sum of $ 2,600.00, together with interest calculated at 135.00 o/o and any
outstanding charges or late fees, until the full amount of this Note is paid.
Your payments will be applied first to any outstanding charges or late fees, then to earned interest
and finally to principal ~The payment schedule disclosed above is only an estimate and may change
in the event you do not make all payments as scheduled.
Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated
by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the
outstanding principal balance, and multiplying that number by the number of days the principal
balance isoutstanding, assuming that each full month iscomprised of 30 days.
You may prepay all or any part of the principal at any time without penalty.
You will be subject to a fee of $ 15 if any payment you make is returned for non-sufficient funds.
You agree that all payments not made within fifteen (15) days of the due date shall be subject to a
late fee of $ 15.00.
The origination fee included in the prepaid finance charge/origination fee disclosed above is fully
earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this
Note and isnot considered interest.
This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in
accordance with the laws of the State of California.
You have previously consented to receive all communications from us, including but not limited to,
all required disclosures via electronic mail. This means that all communications from us will be
delivered in electronic form.
You understand and agree that we may obtain credit reports on you an ongoing basis as long as
this loan remains in effect. You also authorize us to report information concerning your account to
credit bureaus.
You understand that, from time to time, we may monitor or record telephone calls between you
and us. You hereby consent to have your calls monitored or recorded.
You agree that in the event we need to contact you to discuss your account or the repayment of
your loan, we may telephone you at any number, including any cell phone number provided or
obtained, and that we may leave an autodialed or prerecorded message or use other technology to
make that contact or to communicate to you the status of your account. You may cancel this
consent by providing us with notice.
A married or registered domestic partner applicant may apply for a separate account. As required
by law, you are hereby notified that a negative credit report reflecting on your credit record may be
submitted to a credit reporting agency if you fail to fulfillthe terms of your credit obligations. If we
take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse
action isbased, in whole or in part, on any information contained in a consumer credit report, you
have the right to obtain within 60 days a free copy of your consumer credit report from the
consumer reporting agency who furnished us your consumer credit report and from any other
consumer credit reporting agency which compiles and maintains files on consumers on a
nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to
dispute the accuracy or completeness of any information in a consumer credit report furnished by
the consumer credit reporting agency.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written. Any modifications to
this Agreement must be made in writing and signed by both parties.
If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace
period, to declare this Note to be immediately due and payable. If you file for an assignment for
the benefit of creditors, bankruptcy, or for relief under any provisions of the United States
Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable.
In the event that we are required to employ an attorney at law to collect any amounts due under
this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or
to take any other action required to collect the amounts due hereunder.
ARBITRATION PROVISION
GOVERNING LAW. This Note will be governed by the laws of the State of California except to the
extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration
Act, 9 U.S.C. Sections 1-16 ("FAA").
WAIVER OF 3URY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which
persons with a dispute: (a) waive their rights to filea lawsuit and proceed in court and to have a
jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral
third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to
present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration
proceedings are private and less formal than court trials. The arbitrator will issue a final and
binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely
overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which
cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration
Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU
ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Waiver of usury Trial and Arbitration Provision, the words "dispute" and
"disputes" are given the broadest possible meaning and include, without limitation (a) all claims,
disputes, or controversies arising from or relating directly or indirectly to the signing of this
Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt
to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies,
arising from or relating directly or indirectly to the Loan Agreement, the information you gave us
before entering into this Agreement, including the customer information application, and/or any
past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-
party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional
torts; (e) allclaims based upon a violation of any state or federal constitution, statute or
regulation; (f) all claims asserted by us,against you, including claims for money damages to collect
any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of
our employees, agents, directors, officers, shareholders, governors, managers, members, parent
company or affiliated entities (hereinafter collectively referred to as "related third parties"),
including claims for money damages and/or equitable or injunctive relief; (h) allclaims asserted on
your behalf by another person; (i) all claims asserted by you as a private attorney general, as a
representative and member of a class of persons, or in any other representative capacity, against
us and/or related third parties (hereinafter referred to as "Representative Claims" ); and/or (j) all
claims arising from or relating directly or indirectly to the disclosure by us or related third parties of
any non-public personal information about you.
1. You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY 3URY TO RESOLVE ANY
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTXES;
(b) YOU ARE GXVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS
TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAXNST US OR RELATED THIRD PARTIES;
and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATXVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAXMANTS, IN ANY LAWSUIT FILED
AGAINST US AND/OR RELATED THIRD PARTIES.
2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims
against us and/or related third parties shall be resolved by binding arbitration only on an individual
basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION;
THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS
A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR
OTHERS IN THE ARBXTRATION.
3. Any party to a dispute, including related third parties, may send the other party written notice
by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of
the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who
demands arbitration, you shall have the right to select any of the following arbitration organizations
to administer the arbitration: the American Arbitration Association (1-800-778-7879)
http: //www.adr.org or jAMS (1-800-352-5267) http: //www.jamsadr.corn. The parties may also
agree to select an arbitrator who resides within your federal judicial district who is an attorney,
retired judge, or arbitrator registered and in good standing with an arbitration association, and
arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will
respond in writing by certified mail return receipt requested within twenty (20) days. If you
demand arbitration, you must inform us in your demand of the arbitration organization you have
selected or whether you desire to select a local arbitrator. If related third parties or we demand
arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt
requested of your decision to select an, arbitration organization. If you failto notify us, then we
have the right to select an arbitration organization. The parties to such dispute will be governed by
the rules and procedures of such arbitration organization applicable to consumer disputes, to the
extent those rules and procedures do not contradict the express terms of this Arbitration Provision,
including the limitations on the arbitrator below. You may obtain a copy of the rules and
procedures by contacting the arbitration organization listed above.
4. Regardless of who demands arbitration, at your request we will pay your portion of the
arbitration expenses, including the filing, administrative, hearing and arbitrator's fees (" Arbitration
Fees" ). Throughout the arbitration, each party shall bear his or her own attorney's fees and
expenses, such as witness and expert witness fees. The arbitrator shall apply applicable
substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor
claims of privilege recognized at law. The arbitration hearing will be conducted in the county of
your residence. The arbitrator may decide, with or without a hearing, any motion that is
substantially similar to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or
state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may
award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders
a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration
Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may be filed with any court having
jurisdiction.
5 ~All parties, including related third parties, shall retain the right to seek adjudication in a small
claims tribunal in the county of your residence for disputes within the scope of such tribunal's
jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims
tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims
tribunal shall be resolved by binding arbitration.
6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and
shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over
this transaction finds, for any reason, that the FAA does not apply to this transaction, then our
agreement to arbitrate shall be governed by the arbitration law of the State of California.
7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and
assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and
related third parties. This Arbitration Provision continues in fullforce and effect, even if your
obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives
any cancellation, termination, amendment, expiration or performance of any transaction between
you and us and continues in full force and effect unless you and we otherwise agree in writing. If
any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
OPT-OUT PROCESS
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth
below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in
writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration
Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written
notice must include your name, address, account number or social security number and a
statement that you wish to opt out of this Arbitration Provision.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND
AGREE TO BE BOUND TO ITS TERMS.
Payments. You have previously authorized and requested us to initiate an automated
clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your
Application (the "Bank Account" ) to make each payment required hereunder on the day it is due.
You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous
payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional
times. You understand that unsuccessful EFTs may result in charges by your bank, and you agree
that we are not liable for such charges. 8/e will notify you 10 days prior to any given transfer if the
amount to be transferred varies by more than $ 50 from your regular payment amount. You also
authorize us to withdraw funds from your account on additional days throughout the month in the
event you are delinquent on your loan payments. Your request and authorization for us to initiate
EFTs is entirely voluntary, and you may terminate this authorization by notifying us in writing via
fax (844-904-7368) or email (customer.service@LoanMe.corn) soon enough to allow us a
reasonable opportunity to act on your termination (generally at least three business days in
advance).
By signing this promissory note, you also authorize us to obtain payments from your Bank Account
by creating and processing paper checks (each a "Check" ) in place of initiating any or allof the
EFTs described above. Each Check will be in the amount of the payment that would have been
initiated as an EFT, and each Check will be deposited by us for processing on or after the same day
that the payment would have been initiated as an EFT. We will type your name in the signature line
of each Check, and you agree that your typed name constitutes your authorized signature. You
acknowledge that an electronic image of each Check may be created and processed as a substitute
check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above,
this authorization to create Checks will also terminate. You may also cancel by notifying your
financial institution orally or in writing at least three business days before the scheduled date of
any transfer.
THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN
CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE
LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON
AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT
ANY TIME WITHOUT INCURRING ANY PENALTY YOU WILLi HOWEVERI BE REQUIRED TO
PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE
PAYOFF DATE.
YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION
WITH THE MAKING OF THIS LOAN.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON
THIS LOAN. Click here to view.
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE
AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU
UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE
SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT.
This Loan Is Made Pursuant To The California Finance Lender Law, Division 9
(commencing with Section 22000) of the Financial Code. FOR XNFORNATXON,
CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF
CALIFORNIA, LICENSE NO. 603-KO61.
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John P. Kenosian Bar ¹ 80261 Law Offices of Kenosian 8 Miele, LLP 8581 Santa Monica Blvd., ¹17 Los Angeles, CA 90069 (888) 566-7644 ELECTRONICALLY F I L E D Superior Court of California, 4 Attorney for BH FINANCIAL SERVICES, LLC County of San Francisco 03/16/2020 Clerk of the Court BY: NADITA MASON Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 10 SAN FRANCISCO LIMITED CIVIL BH FINANCIAL SERVICES, LLC, Case No.: CGC-19-576047 A Limited Liability Company 12 Plaintiff, 13 vs. DECLARATION RE: AWARD OF ATTORNEY FEES 14 GOYETTE WILLIAMS 15 and DOES 1 to 5, inclusive, 16 Defendant s 17 I,John Kenosian, declare: 18 1) I am the Attorney for Plaintiff,BH FINANCIAL SERVICES, LLC . Ihave personal 19 knowledge of the facts stated herein. IfI were called upon to testify Iwould competently testify 20 as to the matters stated herein. 21 2) Plaintiff sued on a Promissory Note and Disclosure Statement. Pursuant to the terms 22 and conditions of the Account, a copy of which is attached hereto as Exhibit "A", Plaintiff is 23 entitled to an award of reasonable attorney fees. 24 3) Under local court rule 20, Plaintiff is entitled to attorney fees in the sum of $ 520.00. 25 DECLARATION RE: AWARD OF ATTORNEY FEES Page 1 of 2 Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 28, 2020, at Los Angeles, California. John Ke o an ttorney for Plaintiff 10 12 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION RE: AWARD OF ATTORNEY FEES Page 2 of 2 LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT Loan No.: 416 Date of Note: September 20, 2015 Expected Funding Date: September 21, 2015 Lender: LoanMe, Inc. Borrower: GOYETTE WILLIAMS Address: 1900 S. State College Boulevard Address: 2018 KEITH STREET Suite 300 SAN FRANCISCO, CA Anaheim, CA 92806 94124 In this Promissory Note and Disclosure Statement (" Note" ), the words "you" and "your" mean the person signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent holder of this Note. TRUTH XN LENDING ACT DXSCLGSURE STATEMENT ANNUAL FINANCE AMOUNT PERCENTAGE FINANCED TOTAL OF PAYMENTS CHARGE RATE The dollar amount The amount of The amount you will have The cost of your credit as a yearly rate the credit will cost credit provided to paid after all payments are you you made as scheduled 138.58 ~/0 $ 11,412.12 $ 2,525.00 $ 13,937. 12 PAYMENT SCHEDULE One payment of $ 391.96 on November 01, 2015. 46 monthly payments of $ 294.46 beginning on December 01, 2015. Late Charge: If a payment is more than 15 days late, you will be charged $ 15.00. Prepayment: If you pay off this loan early, you will not have to pay any penalty. Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the scheduled date. XTEMIZATXGN GF AMOUNT FXNANCED Amount Financed: $ 2,525.00 Amount Paid to Borrower Directly: $ 2,525 ~00 Prepaid Finance Charge/Origination Fee: $ 75.00 This Note is in original format an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and that the one, true original Note is retained electronically by us. All other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only. FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $ 2,600.00, together with interest calculated at 135.00 o/o and any outstanding charges or late fees, until the full amount of this Note is paid. Your payments will be applied first to any outstanding charges or late fees, then to earned interest and finally to principal ~The payment schedule disclosed above is only an estimate and may change in the event you do not make all payments as scheduled. Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the outstanding principal balance, and multiplying that number by the number of days the principal balance isoutstanding, assuming that each full month iscomprised of 30 days. You may prepay all or any part of the principal at any time without penalty. You will be subject to a fee of $ 15 if any payment you make is returned for non-sufficient funds. You agree that all payments not made within fifteen (15) days of the due date shall be subject to a late fee of $ 15.00. The origination fee included in the prepaid finance charge/origination fee disclosed above is fully earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and isnot considered interest. This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State of California. You have previously consented to receive all communications from us, including but not limited to, all required disclosures via electronic mail. This means that all communications from us will be delivered in electronic form. You understand and agree that we may obtain credit reports on you an ongoing basis as long as this loan remains in effect. You also authorize us to report information concerning your account to credit bureaus. You understand that, from time to time, we may monitor or record telephone calls between you and us. You hereby consent to have your calls monitored or recorded. You agree that in the event we need to contact you to discuss your account or the repayment of your loan, we may telephone you at any number, including any cell phone number provided or obtained, and that we may leave an autodialed or prerecorded message or use other technology to make that contact or to communicate to you the status of your account. You may cancel this consent by providing us with notice. A married or registered domestic partner applicant may apply for a separate account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfillthe terms of your credit obligations. If we take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action isbased, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency. This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. Any modifications to this Agreement must be made in writing and signed by both parties. If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace period, to declare this Note to be immediately due and payable. If you file for an assignment for the benefit of creditors, bankruptcy, or for relief under any provisions of the United States Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable. In the event that we are required to employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or to take any other action required to collect the amounts due hereunder. ARBITRATION PROVISION GOVERNING LAW. This Note will be governed by the laws of the State of California except to the extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 ("FAA"). WAIVER OF 3URY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which persons with a dispute: (a) waive their rights to filea lawsuit and proceed in court and to have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: For purposes of this Waiver of usury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to the Loan Agreement, the information you gave us before entering into this Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third- party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) allclaims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us,against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) allclaims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as "Representative Claims" ); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. 1. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY 3URY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTXES; (b) YOU ARE GXVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAXNST US OR RELATED THIRD PARTIES; and (c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATXVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAXMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES. 2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBXTRATION. 3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations to administer the arbitration: the American Arbitration Association (1-800-778-7879) http: //www.adr.org or jAMS (1-800-352-5267) http: //www.jamsadr.corn. The parties may also agree to select an arbitrator who resides within your federal judicial district who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an, arbitration organization. If you failto notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above. 4. Regardless of who demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees (" Arbitration Fees" ). Throughout the arbitration, each party shall bear his or her own attorney's fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction. 5 ~All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. 6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of California. 7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision continues in fullforce and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect. OPT-OUT PROCESS You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written notice must include your name, address, account number or social security number and a statement that you wish to opt out of this Arbitration Provision. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE BOUND TO ITS TERMS. Payments. You have previously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your Application (the "Bank Account" ) to make each payment required hereunder on the day it is due. You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt such payment up to two additional times. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not liable for such charges. 8/e will notify you 10 days prior to any given transfer if the amount to be transferred varies by more than $ 50 from your regular payment amount. You also authorize us to withdraw funds from your account on additional days throughout the month in the event you are delinquent on your loan payments. Your request and authorization for us to initiate EFTs is entirely voluntary, and you may terminate this authorization by notifying us in writing via fax (844-904-7368) or email (customer.service@LoanMe.corn) soon enough to allow us a reasonable opportunity to act on your termination (generally at least three business days in advance). By signing this promissory note, you also authorize us to obtain payments from your Bank Account by creating and processing paper checks (each a "Check" ) in place of initiating any or allof the EFTs described above. Each Check will be in the amount of the payment that would have been initiated as an EFT, and each Check will be deposited by us for processing on or after the same day that the payment would have been initiated as an EFT. We will type your name in the signature line of each Check, and you agree that your typed name constitutes your authorized signature. You acknowledge that an electronic image of each Check may be created and processed as a substitute check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above, this authorization to create Checks will also terminate. You may also cancel by notifying your financial institution orally or in writing at least three business days before the scheduled date of any transfer. THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY YOU WILLi HOWEVERI BE REQUIRED TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE. YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN. YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON THIS LOAN. Click here to view. YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT. This Loan Is Made Pursuant To The California Finance Lender Law, Division 9 (commencing with Section 22000) of the Financial Code. FOR XNFORNATXON, CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA, LICENSE NO. 603-KO61.