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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
June 15,2022 15:41
By: HUNTER ELLIOTT SEIDE 0100250
Confirmation Nbr. 2577397
HS FINANCIAL GROUP, LLC CV 22 964771
vs.
Judge: BRIAN J. CORRIGAN
AUDREY GWINN
Pages Filed: 10
Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD
IN THE CUYAHOGA COUNTY COMMON PLEAS COURT
CUYAHOGA COUNTY, OHIO
HS FINANCIAL GROUP, LLC ) CASE NO.:
18013 Cleveland Parkway, Ste 170 )
Cleveland OH 44135 )
) JUDGE:
Plaintiff )
)
vs. )
) COMPLAINT
AUDREY GWINN )
3269 W 84Th St )
Cleveland OH 44102 )
)
Defendant. )
)
Now comes Plaintiff, HS FINANCIAL GROUP, LLC, Assignee of Drummond
Financial Service, LLC dba Loan Max, by and through their attorneys, and for its
Complaint against the above name Defendant(s) Audrey Gwinn and states to this
honorable Court as follows:
1. The plaintiff is an Ohio organization, and the Defendant(s) is/are residents
of the State of Ohio and are subject to this Court’s jurisdiction.
2. That the Defendant(s) entered into a credit services agreement with
Drummond Financial Services, LLC dba Loan Max (hereafter
“Drummond”), whereby Drummond undertook efforts to arrange for a
loan to be made to the Defendant(s) and in return Defendant(s) agreed to
pay a fee for said services, Defendant(s) agreed that should a loan be
obtained an agreed to fee would be made a part of that loan agreement and
would be financed pursuant to the loan agreement terms. Thereafter
Drummond did locate a loan, and Defendant(s) entered into a Loan &
Security Agreement with Integrity Funding Ohio LLC. A copy of the
agreement is attached hereto as Exhibit “A”.
3. That the agreement required periodic payments by the Defendant(s)
which, Defendant(s) failed to make, and are in default.
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4. That the Plaintiff is the holder of said account, and entitled to all rights as
owner thereof. That the attached assignment history of this account,
collectively marked Exhibit “B” are incorporated herein and made part of
hereof by reference.
5. That the amount owing on this account is $2717.14.
6. That the Plaintiff has made demand upon the Defendant(s) for payment of
the above mentioned amount and that the Defendant(s) has/have refused to
pay same.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) Audrey
Gwinn, for the principal sum of $2717.14 plus statutory interest rate of three percent
(3%) from the date of judgment and costs of this action.
Respectfully submitted,
Jeffrey L. Koberg (0047386)
Hunter E. Seide (0100250)
Law Offices of Timothy M. Sullivan
18013 Cleveland Parkway, Suite 180
Cleveland, OH 44135
Phone: (216) 762-1700 ext 123
Fax: (216) 938-6644
Email: courts@tmslaw.net
Attorney for Plaintiff
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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Loan & Security Agreement
4/11/2017
Lender: Borrower(s): Contract
Integrity Funding Ohio LLC GWINN, AUDREY Maturity Date: 9/11/2017
84 Villa Road Address: Motor Vehicle:
Greenville, SC 29615 2030 WOOSTER RD Year: 2004
License #: SM.501789.000 #6
ROCKY RIVER, OH 44116
Make: Buick
I Model: Rendezvous
DISCLOSURES REQUIRED BY FEDERAL TRUTH IN LENDING
ANNUAL FINANCE Amount Financed Total of Payments
The amount of credit The amount you will have
PERCENTAGE CHARGE provided to you or on your paid after all payment are
The dollar amount the
RATE credit will cost you.
behalf. made as scheduled
The cost of your credit as a
yearly rate. $1,343.55 $1,014.35 $2,357.90
322.31%
Your payment schedule will be: Filing Fee: $0.00
Number of Payment(s) Amount of Payment(s) Due on:
4 $268.71 5/11/2017,6/10/2017,7/10/2017,8/9/2017
1 $1,283.06 9/8/2017
Security: You are giving a security interest in the motor vehicle described above.
Prepayment: If you pay off this loan early you will not have to pay a penalty.
Late Charge: Any payment not paid in full on or before the 10th day after its scheduled due date shall be subject to a late fee not
to exceed the greater of 5% of the scheduled installment or $15.00
Please see the remainder of this document for additional information about nonpayment, default, any required repayment in full before
the scheduled date and prepayment penalties.
i
Itemization of the Amount Financed:
$0.00 Amount given to you directly
$1,014,35 PLUS Amount paid on your account
r exhibit'
$0.00 PLUS Amount paid to government official for lien fee
$1,166.50 PLUS CSO Fee paid to Drummond Financial Services, LLC dba LoanMax
$0.00 PLUS Loan Origination Fee
$2,180.85 EQUALS Principal Amount of your Loan
$1,166.50 MINUS Prepaid finance Charge (CSO Fee p/asLoan Origination Fee)
$1,014.35 EQUALS Amount Financed
This Loan Agreement, Promissory Note and Security Agreement ("Loan Agreement") is executed by and between BORROWER and
LENDER on the date set forth above.
1. Promise to Pay. For value received, BORROWER hereby promises to pay LENDER, according to the Payment Schedule shown
above and in the form of a money order or certified check, the principal amount of $2,180,85
together with interest calculated at the
rate of 24,99% per annum until the principal amount, interest and fees, including any late fees or other costs provided in this Loan
Agreement, have been repaid. All sums due hereunder shall be paid without prior demand, notice or claim of set off and shall be
paid by immediately available funds. BORROWER, without penalty, has the right to prepay the Loan Agreement in full or in part
with no additional charge.
2. Right to Rescind. BORROWER may rescind this loan on or before the dose of business on the third business day following the
date this Loan Agreement was executed. To rescind the loan, BORROWER must deliver to LENDER either (i) the original check
which LENDER gave to BORROWER to fund this loan; or (ii) a sum of money, in the form of a money order or certified check, equal
to the amount of the loan proceeds disbursed to BORROWER.
3. Interest Calculation; Payment Applications. Interest under this Loan Agreement will be calculated on a simple interest basis and
shall accrue at a daily rate of 1/365th of the annual rate of 24.99%
multiplied by the unpaid balance for each day that any amount
remains due to LENDER. Interest shall continue to accrue after the scheduled maturity of this Loan Agreement on any balance that
remains unpaid. All payments shall be applied first to any charges due LENDER and allowed by law, then accrued interest, and
finally to the unpaid principal amount.
4. Fees. a. Late Fee: Any payment not paid in full on or before the 10th day after its scheduled due date shall be subject to a late fee
not to exceed the greater of 5% of the scheduled installment or $15.00.
b. Loan Origination Fee: You agree to pay us a nonrefundable Loan Origination Fee in the amount stated in the Itemization of the
EtelcWed CVWWt , CLLMD
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5. Security Interest in Collateral. To secure BORROWER'S obligations under this Loan Agreement and any extensions or renewals
thereof, BORROWER hereby grants to LENDER a security interest in the motor vehicle described above (the "Motor Vehicle"), all
accessories and accessions to the Motor Vehicle, and all proceeds related thereto, including all insurance proceeds or refunds of
insurance premiums related to the Motor Vehicle (all such property referred to herein as "Collateral”). BORROWER agrees to
reimburse LENDER upon its request for any costs incurred by LENDER in perfecting its lien or enforcing its rights against the
Collateral as provided in this Loan Agreement. Upon repayment in full LENDER shall release its lien and provide to BORROWER
appropriate evidence of such release. BORROWER acknowledges that if BORROWER'S vehicle is titled in a state that maintains
electronic certificates of title, BORROWER may not receive a return of any paper title given to LENDER.
6. BORROWER'S Representations and Warranties. BORROWER represents and warrants that BORROWER has the right to enter
into this Loan Agreement, is at least 18 years of age, and understands that no credit insurance is offered with this Loan Agreement.
BORROWER represents and warrants that the Motor Vehicle is not stolen, has no liens or encumbrances against it, and that
BORROWER will not attempt to transfer any interest in the Motor Vehicle or attempt to obtain a duplicate title to the Motor Vehicle
until ail obligations under this Loan Agreement have been paid in full.
7. Event of Default. The following constitute events of default under this Loan Agreement: (a) BORROWER fails to keep any of
BORROWER'S promises under this Loan Agreement, including but not limited the promise to pay pursuant to this Loan Agreement;
(b) any representation or information given to LENDER by BORROWER is false or misleading; or (c) BORROWER cancels its
agreement with a third-party CSO (as defined herein) which has agreed to guarantee BORROWER'S loan.
8. LENDER'S Rights in the Event of Default Upon the occurrence of any event of default, LENDER may at its option, do any one or
more of the following; (a) declare the whole outstanding balance due under this Loan Agreement due and payable at once and
proceed to collect it; (b) foreclose upon its lien and liquidate the Collateral securing this Loan Agreement according to law, including
by using self-help repossession; (c) exercise all other rights, powers and remedies given by law; (d) recover from BORROWER all
costs and disbursements in connection with any suit to collect a loan or any lawful activity to realize on its security interest after
default, including reasonable attorney fees incurred by LENDER as a result of the suit or activity and to which the LENDER
becomes entitled by law; and/or (e) assign any and all of LENDER'S rights, title, and interest in and to this Loan Agreement to a
third party, thereby vesting in such third party all rights, powers and privileges of LENDER hereunder. Any delay by LENDER in
exercising any or all of these rights shall not be a waiver of such rights.
9. Use of Credit Service Organization. If a portion of the principal of this loan is being paid on BORROWER'S behalf to a Credit
Service Organization ("CSO"), BORROWER hereby agrees that such amount is not interest being paid to LENDER, but rather
compensation owed by BORROWER to such CSO for services agreed to between such parties outside this Loan Agreement.
BORROWER acknowledges and understands that a fee paid to a CSO for arranging the loan (though required to be treated as a
finance charge for the purposes of federal law disclosures as shown above) is for a separate service and not interest for the
purposes of Ohio law. BORROWER hereby authorizes LENDER to share personal and credit information about BORROWER with
CSO.
10. Communication. BORROWER authorizes LENDER (which includes, for the purpose of this Authorization, LENDER'S successors,
assigns, Select Management Resources, LLC and other agents and service providers) to provide BORROWER with information
about BORROWER'S account, including information about payment due dates and missed payments, using some or all of the
following electronic methods of communication: automatic telephone dialing system ("ATDS”) call, non-ATDS call, artificial or
prerecorded voice call, automated text message, non-automated text message and electronic mall (collectively, "Electronic
Communication Methods"). BORROWER authorizes LENDER to contact BORROWER using Electronic Communication Methods at
any telephone number or email address that BORROWER supplies to LENDER on BORROWER'S application for credit, that
BORROWER subsequently supplies to LENDER or that LENDER identifies as being associated with BORROWER (except that
LENDER will only place non-ATDS calls and send only non-automated texts to mobile numbers that BORROWER has not supplied
to LENDER or otherwise authorized LENDER to call). BORROWER understands that communications LENDER sends using the
Electronic Communication Methods may be viewed or listened to by anyone with access to BORROWER'S telephone, text
messages, voicemails and/or emails, and BORROWER agrees that LENDER will not be liable to BORROWER regarding any such
communications, even if some third party views or listens to the information LENDER communicates. Text messages LENDER
sends may use the short name of SMR, LLC. Standard text, voice and data rates and charges apply, and BORROWER agrees that
LENDER has no liability for such rates and charges. To stop ATDS calls to a mobile number, artificial or prerecorded voice calls to
a mobile number and/or automated texts to a mobile number, tell an employee of the office whose address is listed on page one of
this agreement or write to LENDER at ELECTRONIC COMMUNICATIONS PREFERENCES, PO BOX 5040, Alpharetta, Georgia
30023-5040. Alternatively, reply "STOP" to any text LENDER sends to BORROWER to stop text messages to the number to which
LENDER sent LENDER'S text. To stop emails, follow the opt-out instructions at the bottom of any email LENDER sends to
BORROWER.
11 General, (a) In the event that this Loan Agreement is repaid by way of a refinance, or series of refinances, rather than Borrower
funds, Borrower agrees that Lender may delay the return of this Loan Agreement, marked "paid", until payment in full of the final
such refinance; (b) if any check, negotiable order of withdrawal, share draft, or other negotiable instrument is returned or
dishonored for any reason, BORROWER agrees to pay LENDER a returned check fee of $20.00 plus any amounts passed on by
other financial institutions; notwithstanding the forgoing, LENDER shall not be under any obligation to accept a check for any
payment; (c) BORROWER shall bear the entire risk of loss or damage to the Motor Vehicle while it is in BORROWER'S possession
and agrees to indemnify and hold LENDER harmless from any and all claims for property damages or personal injuries arising from
the operation of the Motor Vehicle, including but not limited to, all judgments, attorney's fees, court costs and any incurred
expenses; (d) if more than one BORROWER executes this Loan Agreement, each BORROWER will be jointly and severally liable;
(e) time is of the essence of this Loan Agreement; (f) the parties agree that BORROWER should not be charged under this Loan
Agreement more than the highest rate of interest and fees which lawfully may be charged by LENDER and that should any amount
be paid to LENDER in excess of such legal rate, such excess shall be deemed to have been paid in reduction of the principal
balance of the Loan Agreement and/or an overpayment which LENDER shall be entitled to refund, without penalty, upon notice of
overcharge from BORROWER to LENDER; and (g) this Loan Agreement constitutes the entire
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Loan Agreement between the parties and no other agreements, representations or warranties other than those stated herein shall
be binding unless reduced in writing and signed by both parties.
12. Assignment LENDER may assign or transfer any or all of its rights, title and interest under this Loan Agreement at its discretion.
BORROWER may not assign or transfer BORROWER'S rights under this Loan Agreement without the prior written consent of
LENDER.
13. Governing Law; Enforceability. This Loan Agreement shall be construed, applied and governed by the laws of the State of Ohio.
This loan is being made partially In reliance on the provisions of sections 1321.51 to 1321.60 of the Ohio Revised Code.
The unenforceability or invalidity of any portion of this Loan Agreement shall not render unenforceable or invalid the remaining
portions hereof.
14. Arbitration Agreement
ARBITRATION AGREEMENT. READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL
IMPACT ON HOW LEGAL CLAIMS YOU AND LENDER HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this
Arbitration Agreement and a Claim is arbitrated, neither you nor Lender will have the right to: (1) have a court or a
Jury decide the Claim; (2) engage In information-gathering (discovery) to the same extent as in court; (3)
participate in a class action, private attorney general or other representative action in court or In arbitration; or (4)
join or consolidate a Claim with claims of any other person. The right to appeal is more limited In arbitration than in
court and other rights in court may be unavailable or limited in arbitration.
This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to this Loan Agreement
between you and Lender may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons,
instead of having a trial in court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. As solely
used in this Arbitration Agreement, the terms "we," "us" and "our" mean the Lender identified above, its parent companies,
wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and
any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party
providing any goods or services in connection with the origination, servicing or collection of the Loan Agreement (or any prior
loan or loans we provided to Borrower) if such third party is named as a party by Borrower in any lawsuit between Borrower and
us. For the purposes of this Arbitration Agreement, the words "you" and "your" mean each and every borrower who signs the
Loan Agreement.
a. Your Right to Reject: If you don't want this Arbitration Agreement to apply, you may reject it by mailing us a written
rejection notice which contains all of the following:
a The date and account number of the Loan Agreement.
a The names, addresses and phone numbers of each of you.
a A statement that all of you reject the Arbitration Agreement of the Loan Agreement.
The rejection notice must be sent to us at: Arbitration Opt Out Department, 84 Villa Road, Greenville, SC 29615. A
rejection notice is only effective if it is signed by all of you and cosigners and if we receive it within twenty-five (25) days
after the date of the Loan Agreement. If you reject this Arbitration Agreement, that will not affect any other provision of
the Loan Agreement or the status of the Loan Agreement. It will also not affect any prior arbitration agreement between
you and us which will remain in full force and effect. If you don't reject this Arbitration Agreement, it will be effective as of
the date of the Loan Agreement and will supersede any prior arbitration agreement between you and us that would
otherwise be applicable.
b. What Claims Are Covered: "Claim" means any claim, dispute or controversy between you and us, whether preexisting,
present or future, that in any way arises from or relates to the Loan Agreement, any prior loan or loans you obtained
from us, the events leading up to the Loan Agreement (for example, any disclosures, advertisements, promotions or oral
or written statements made by us), or any product or service provided by us or third parties In connection with the Loan
Agreement. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-
party claims and federal, state, local and administrative claims and claims which arose before the effective date of this
Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts,
constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or
declaratory relief.
However, "Claim" does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of
this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below
and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; (ii) the exercising
of any self-help or non-judicial remedies by you or us, for example, our right to enforce our security interest by using
self-help;(iii) any individual action in court by one party that is limited to preventing the other party from using a self
help remedy and that does not involve a request for damages or monetary relief of any kind; or (iv) any individual action
brought by you against us In small claims court or your state's equivalent court, if any. But if that action is transferred,
removed or appealed to a different court, we then have the right to choose arbitration.
c. Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving
the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim.
This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims
brought later in the lawsuit, and it may be given by papers filed in the lawsuit. Each of the arbitration administrators
listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how
arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court
or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and
we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be
responsible for starting the arbitrationproceeding. Similarly, if we assert a Claim against you in court, you assert a
counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is
granted by the court, you will be responsible for starting the arbitration proceeding.
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d. Choosing the Administrator: The party starting the arbitration proceeding must choose one of the following arbitration
organizations as the Administrator: the American Arbitration Association (the "AAA"), 335 Madison Avenue, New York, NY
10017, www.adr.org., or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org., You may contact
these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of
their rules and forms (which are also available on their websites). If for any reason the Administrator selected is unable or
unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA
nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator
or the court will appoint the Administrator or arbitrator (or arbitrators. In the case of a three-arbitrator panel provided for
in Section ”j", below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in
place any formal or informal policy that is Inconsistent with and purports to override the terms of the Class Action Waiver
in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than
10 years of
experience. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or In
conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator.
e. Class Action Waiver: Notwithstanding any other provision of the Loan Agreement, if either you or we elect to
arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney
general action or other representative action in court or in arbitration, either as a class representative or
class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have
authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any
person or entity other than you and/or us Individually. (Provided, however, that the Class Action Waiver does
not apply to any lawsuit or administrative proceeding filed against us by a state or federal government
agency even when such agency is seeking relief on behalf of a class of borrowers Including you. This means
that we will not have the right to compel arbitration of any claim brought by such an agency). The parties
acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes
between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited,
voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and
void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class
Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be
arbitrated.
f. Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to
your residence.
g. Cost of Arbitration: Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also
charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or
other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration
after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is
less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court,
you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can
seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that
we are required to pay by law or the Administrator's rules or that we are required to pay for this Arbitration Agreement to
be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator.
h. Governing Law: The Loan Agreement evidences a transaction involving interstate commerce and, therefore, this
Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"), and not by any state
arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or
by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and
privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or
other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the
matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply
under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall
be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but
only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that
party's individual claim). The arbitrator willhave the authority to award fees and costs of attorneys, witnesses and
experts to the extent permitted by the Loan Agreement, the Administrator's rules or applicable law. However, with
respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert
fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in
order for this Arbitration Agreement to be enforced. At the timely request of either party, the arbitrator must provide a
brief written explanation of the basis for the award.
i. Right to Discovery: In addition to the parties' rights to obtain discovery pursuant to the arbitration rules of the
Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally
allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that
request.
j. Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court
having jurisdiction. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA.
However, if the amount of the Claim exceeds $100,000, any party can, within 14 days after the entry of the award by the
arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider
anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority
vote. Unless the parties agree otherwise, and to the extent feasible, the appeal will be conducted pursuant to or modeled
after the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules-optional-appeal-procedure .
Reference in this Arbitration Agreement to "the arbitrator" shall mean the panel if an appeal of the arbitrator's decision
has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned "Cost of
Arbitration." Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
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Confirmation of Assignment of
Loan Agreement, Promissory Note and Security Agreement
This Confirmation of Assignment of Loan Agreement, Promissory Note and any Security
Agreement and Interest (hereinafter "Confirmation") is dated 4/11/2017 and is prepared and
executed to hereby confirm that Integrity Funding Ohio, LLC ("Integrity") has previously assigned
all its right, title and interest in the below listed Loan and Security Agreement to Drummond
Financial Services, LLC DBA LoanMax. This assignment includes, but is not limited to, the right to
all payments and balance due thereunder and the right to the security interest in the motor
vehicle securing such Loan and Security Agreement.
Loan and Security Agreement assigned:
Borrower Name(s): AUDREY GWINN
Account #:
Balance Assigned: $2717.14
Collateral: Year: 2004 Make: Buick
Model: Rendezvous
Assignment Confirmed
Integrity Funding Ohio, LLC
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EXHIBIT II
BILL OF SALE
For value received and in further consideration of the mutual covenants and conditions set forth
in the Account Purchase Agreement (the "Agreement") dated July 31, 2019 by and between Drummond
Financial Services,LLC ("Seller") and HS Financial Group, LLC ("Buyer"), Seller hereby transfers, sells,
conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in
the Agreement, to the extent of its ownership, the Accounts as set forth in the Account Schedule
attached hereto as Exhibit I delivered by Seller to Buyer on each Closing Date, and as further described
in the Agreement.
Lot Number:
Aggregate Unpaid Balance:
Number of Accounts:
DATED: August 2,2019
SELLER: Drummond Financial Services, LLC
By:
Name (print):.
Title:
National Loan Exchange. Inc. (NLEX)
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Electronically Filed 06/15/2022 15:41/ / CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT June 15,2022 15:41 By: HUNTER ELLIOTT SEIDE 0100250 Confirmation Nbr. 2577397 HS FINANCIAL GROUP, LLC CV 22 964771 vs. Judge: BRIAN J. CORRIGAN AUDREY GWINN Pages Filed: 10 Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD IN THE CUYAHOGA COUNTY COMMON PLEAS COURT CUYAHOGA COUNTY, OHIO HS FINANCIAL GROUP, LLC ) CASE NO.: 18013 Cleveland Parkway, Ste 170 ) Cleveland OH 44135 ) ) JUDGE: Plaintiff ) ) vs. ) ) COMPLAINT AUDREY GWINN ) 3269 W 84Th St ) Cleveland OH 44102 ) ) Defendant. ) ) Now comes Plaintiff, HS FINANCIAL GROUP, LLC, Assignee of Drummond Financial Service, LLC dba Loan Max, by and through their attorneys, and for its Complaint against the above name Defendant(s) Audrey Gwinn and states to this honorable Court as follows: 1. The plaintiff is an Ohio organization, and the Defendant(s) is/are residents of the State of Ohio and are subject to this Court’s jurisdiction. 2. That the Defendant(s) entered into a credit services agreement with Drummond Financial Services, LLC dba Loan Max (hereafter “Drummond”), whereby Drummond undertook efforts to arrange for a loan to be made to the Defendant(s) and in return Defendant(s) agreed to pay a fee for said services, Defendant(s) agreed that should a loan be obtained an agreed to fee would be made a part of that loan agreement and would be financed pursuant to the loan agreement terms. Thereafter Drummond did locate a loan, and Defendant(s) entered into a Loan & Security Agreement with Integrity Funding Ohio LLC. A copy of the agreement is attached hereto as Exhibit “A”. 3. That the agreement required periodic payments by the Defendant(s) which, Defendant(s) failed to make, and are in default. Electronically Filed 06/15/2022 15:41 I/ CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD 4. That the Plaintiff is the holder of said account, and entitled to all rights as owner thereof. That the attached assignment history of this account, collectively marked Exhibit “B” are incorporated herein and made part of hereof by reference. 5. That the amount owing on this account is $2717.14. 6. That the Plaintiff has made demand upon the Defendant(s) for payment of the above mentioned amount and that the Defendant(s) has/have refused to pay same. WHEREFORE, Plaintiff demands judgment against the Defendant(s) Audrey Gwinn, for the principal sum of $2717.14 plus statutory interest rate of three percent (3%) from the date of judgment and costs of this action. Respectfully submitted, Jeffrey L. Koberg (0047386) Hunter E. Seide (0100250) Law Offices of Timothy M. Sullivan 18013 Cleveland Parkway, Suite 180 Cleveland, OH 44135 Phone: (216) 762-1700 ext 123 Fax: (216) 938-6644 Email: courts@tmslaw.net Attorney for Plaintiff THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD Loan & Security Agreement 4/11/2017 Lender: Borrower(s): Contract Integrity Funding Ohio LLC GWINN, AUDREY Maturity Date: 9/11/2017 84 Villa Road Address: Motor Vehicle: Greenville, SC 29615 2030 WOOSTER RD Year: 2004 License #: SM.501789.000 #6 ROCKY RIVER, OH 44116 Make: Buick I Model: Rendezvous DISCLOSURES REQUIRED BY FEDERAL TRUTH IN LENDING ANNUAL FINANCE Amount Financed Total of Payments The amount of credit The amount you will have PERCENTAGE CHARGE provided to you or on your paid after all payment are The dollar amount the RATE credit will cost you. behalf. made as scheduled The cost of your credit as a yearly rate. $1,343.55 $1,014.35 $2,357.90 322.31% Your payment schedule will be: Filing Fee: $0.00 Number of Payment(s) Amount of Payment(s) Due on: 4 $268.71 5/11/2017,6/10/2017,7/10/2017,8/9/2017 1 $1,283.06 9/8/2017 Security: You are giving a security interest in the motor vehicle described above. Prepayment: If you pay off this loan early you will not have to pay a penalty. Late Charge: Any payment not paid in full on or before the 10th day after its scheduled due date shall be subject to a late fee not to exceed the greater of 5% of the scheduled installment or $15.00 Please see the remainder of this document for additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment penalties. i Itemization of the Amount Financed: $0.00 Amount given to you directly $1,014,35 PLUS Amount paid on your account r exhibit' $0.00 PLUS Amount paid to government official for lien fee $1,166.50 PLUS CSO Fee paid to Drummond Financial Services, LLC dba LoanMax $0.00 PLUS Loan Origination Fee $2,180.85 EQUALS Principal Amount of your Loan $1,166.50 MINUS Prepaid finance Charge (CSO Fee p/asLoan Origination Fee) $1,014.35 EQUALS Amount Financed This Loan Agreement, Promissory Note and Security Agreement ("Loan Agreement") is executed by and between BORROWER and LENDER on the date set forth above. 1. Promise to Pay. For value received, BORROWER hereby promises to pay LENDER, according to the Payment Schedule shown above and in the form of a money order or certified check, the principal amount of $2,180,85 together with interest calculated at the rate of 24,99% per annum until the principal amount, interest and fees, including any late fees or other costs provided in this Loan Agreement, have been repaid. All sums due hereunder shall be paid without prior demand, notice or claim of set off and shall be paid by immediately available funds. BORROWER, without penalty, has the right to prepay the Loan Agreement in full or in part with no additional charge. 2. Right to Rescind. BORROWER may rescind this loan on or before the dose of business on the third business day following the date this Loan Agreement was executed. To rescind the loan, BORROWER must deliver to LENDER either (i) the original check which LENDER gave to BORROWER to fund this loan; or (ii) a sum of money, in the form of a money order or certified check, equal to the amount of the loan proceeds disbursed to BORROWER. 3. Interest Calculation; Payment Applications. Interest under this Loan Agreement will be calculated on a simple interest basis and shall accrue at a daily rate of 1/365th of the annual rate of 24.99% multiplied by the unpaid balance for each day that any amount remains due to LENDER. Interest shall continue to accrue after the scheduled maturity of this Loan Agreement on any balance that remains unpaid. All payments shall be applied first to any charges due LENDER and allowed by law, then accrued interest, and finally to the unpaid principal amount. 4. Fees. a. Late Fee: Any payment not paid in full on or before the 10th day after its scheduled due date shall be subject to a late fee not to exceed the greater of 5% of the scheduled installment or $15.00. b. Loan Origination Fee: You agree to pay us a nonrefundable Loan Origination Fee in the amount stated in the Itemization of the EtelcWed CVWWt , CLLMD PAGE 1 OF 5 Your Initals: Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD 5. Security Interest in Collateral. To secure BORROWER'S obligations under this Loan Agreement and any extensions or renewals thereof, BORROWER hereby grants to LENDER a security interest in the motor vehicle described above (the "Motor Vehicle"), all accessories and accessions to the Motor Vehicle, and all proceeds related thereto, including all insurance proceeds or refunds of insurance premiums related to the Motor Vehicle (all such property referred to herein as "Collateral”). BORROWER agrees to reimburse LENDER upon its request for any costs incurred by LENDER in perfecting its lien or enforcing its rights against the Collateral as provided in this Loan Agreement. Upon repayment in full LENDER shall release its lien and provide to BORROWER appropriate evidence of such release. BORROWER acknowledges that if BORROWER'S vehicle is titled in a state that maintains electronic certificates of title, BORROWER may not receive a return of any paper title given to LENDER. 6. BORROWER'S Representations and Warranties. BORROWER represents and warrants that BORROWER has the right to enter into this Loan Agreement, is at least 18 years of age, and understands that no credit insurance is offered with this Loan Agreement. BORROWER represents and warrants that the Motor Vehicle is not stolen, has no liens or encumbrances against it, and that BORROWER will not attempt to transfer any interest in the Motor Vehicle or attempt to obtain a duplicate title to the Motor Vehicle until ail obligations under this Loan Agreement have been paid in full. 7. Event of Default. The following constitute events of default under this Loan Agreement: (a) BORROWER fails to keep any of BORROWER'S promises under this Loan Agreement, including but not limited the promise to pay pursuant to this Loan Agreement; (b) any representation or information given to LENDER by BORROWER is false or misleading; or (c) BORROWER cancels its agreement with a third-party CSO (as defined herein) which has agreed to guarantee BORROWER'S loan. 8. LENDER'S Rights in the Event of Default Upon the occurrence of any event of default, LENDER may at its option, do any one or more of the following; (a) declare the whole outstanding balance due under this Loan Agreement due and payable at once and proceed to collect it; (b) foreclose upon its lien and liquidate the Collateral securing this Loan Agreement according to law, including by using self-help repossession; (c) exercise all other rights, powers and remedies given by law; (d) recover from BORROWER all costs and disbursements in connection with any suit to collect a loan or any lawful activity to realize on its security interest after default, including reasonable attorney fees incurred by LENDER as a result of the suit or activity and to which the LENDER becomes entitled by law; and/or (e) assign any and all of LENDER'S rights, title, and interest in and to this Loan Agreement to a third party, thereby vesting in such third party all rights, powers and privileges of LENDER hereunder. Any delay by LENDER in exercising any or all of these rights shall not be a waiver of such rights. 9. Use of Credit Service Organization. If a portion of the principal of this loan is being paid on BORROWER'S behalf to a Credit Service Organization ("CSO"), BORROWER hereby agrees that such amount is not interest being paid to LENDER, but rather compensation owed by BORROWER to such CSO for services agreed to between such parties outside this Loan Agreement. BORROWER acknowledges and understands that a fee paid to a CSO for arranging the loan (though required to be treated as a finance charge for the purposes of federal law disclosures as shown above) is for a separate service and not interest for the purposes of Ohio law. BORROWER hereby authorizes LENDER to share personal and credit information about BORROWER with CSO. 10. Communication. BORROWER authorizes LENDER (which includes, for the purpose of this Authorization, LENDER'S successors, assigns, Select Management Resources, LLC and other agents and service providers) to provide BORROWER with information about BORROWER'S account, including information about payment due dates and missed payments, using some or all of the following electronic methods of communication: automatic telephone dialing system ("ATDS”) call, non-ATDS call, artificial or prerecorded voice call, automated text message, non-automated text message and electronic mall (collectively, "Electronic Communication Methods"). BORROWER authorizes LENDER to contact BORROWER using Electronic Communication Methods at any telephone number or email address that BORROWER supplies to LENDER on BORROWER'S application for credit, that BORROWER subsequently supplies to LENDER or that LENDER identifies as being associated with BORROWER (except that LENDER will only place non-ATDS calls and send only non-automated texts to mobile numbers that BORROWER has not supplied to LENDER or otherwise authorized LENDER to call). BORROWER understands that communications LENDER sends using the Electronic Communication Methods may be viewed or listened to by anyone with access to BORROWER'S telephone, text messages, voicemails and/or emails, and BORROWER agrees that LENDER will not be liable to BORROWER regarding any such communications, even if some third party views or listens to the information LENDER communicates. Text messages LENDER sends may use the short name of SMR, LLC. Standard text, voice and data rates and charges apply, and BORROWER agrees that LENDER has no liability for such rates and charges. To stop ATDS calls to a mobile number, artificial or prerecorded voice calls to a mobile number and/or automated texts to a mobile number, tell an employee of the office whose address is listed on page one of this agreement or write to LENDER at ELECTRONIC COMMUNICATIONS PREFERENCES, PO BOX 5040, Alpharetta, Georgia 30023-5040. Alternatively, reply "STOP" to any text LENDER sends to BORROWER to stop text messages to the number to which LENDER sent LENDER'S text. To stop emails, follow the opt-out instructions at the bottom of any email LENDER sends to BORROWER. 11 General, (a) In the event that this Loan Agreement is repaid by way of a refinance, or series of refinances, rather than Borrower funds, Borrower agrees that Lender may delay the return of this Loan Agreement, marked "paid", until payment in full of the final such refinance; (b) if any check, negotiable order of withdrawal, share draft, or other negotiable instrument is returned or dishonored for any reason, BORROWER agrees to pay LENDER a returned check fee of $20.00 plus any amounts passed on by other financial institutions; notwithstanding the forgoing, LENDER shall not be under any obligation to accept a check for any payment; (c) BORROWER shall bear the entire risk of loss or damage to the Motor Vehicle while it is in BORROWER'S possession and agrees to indemnify and hold LENDER harmless from any and all claims for property damages or personal injuries arising from the operation of the Motor Vehicle, including but not limited to, all judgments, attorney's fees, court costs and any incurred expenses; (d) if more than one BORROWER executes this Loan Agreement, each BORROWER will be jointly and severally liable; (e) time is of the essence of this Loan Agreement; (f) the parties agree that BORROWER should not be charged under this Loan Agreement more than the highest rate of interest and fees which lawfully may be charged by LENDER and that should any amount be paid to LENDER in excess of such legal rate, such excess shall be deemed to have been paid in reduction of the principal balance of the Loan Agreement and/or an overpayment which LENDER shall be entitled to refund, without penalty, upon notice of overcharge from BORROWER to LENDER; and (g) this Loan Agreement constitutes the entire PAGE 2 OF 5 Yourlnltals: Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD Loan Agreement between the parties and no other agreements, representations or warranties other than those stated herein shall be binding unless reduced in writing and signed by both parties. 12. Assignment LENDER may assign or transfer any or all of its rights, title and interest under this Loan Agreement at its discretion. BORROWER may not assign or transfer BORROWER'S rights under this Loan Agreement without the prior written consent of LENDER. 13. Governing Law; Enforceability. This Loan Agreement shall be construed, applied and governed by the laws of the State of Ohio. This loan is being made partially In reliance on the provisions of sections 1321.51 to 1321.60 of the Ohio Revised Code. The unenforceability or invalidity of any portion of this Loan Agreement shall not render unenforceable or invalid the remaining portions hereof. 14. Arbitration Agreement ARBITRATION AGREEMENT. READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND LENDER HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor Lender will have the right to: (1) have a court or a Jury decide the Claim; (2) engage In information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or In arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited In arbitration than in court and other rights in court may be unavailable or limited in arbitration. This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to this Loan Agreement between you and Lender may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms "we," "us" and "our" mean the Lender identified above, its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the origination, servicing or collection of the Loan Agreement (or any prior loan or loans we provided to Borrower) if such third party is named as a party by Borrower in any lawsuit between Borrower and us. For the purposes of this Arbitration Agreement, the words "you" and "your" mean each and every borrower who signs the Loan Agreement. a. Your Right to Reject: If you don't want this Arbitration Agreement to apply, you may reject it by mailing us a written rejection notice which contains all of the following: a The date and account number of the Loan Agreement. a The names, addresses and phone numbers of each of you. a A statement that all of you reject the Arbitration Agreement of the Loan Agreement. The rejection notice must be sent to us at: Arbitration Opt Out Department, 84 Villa Road, Greenville, SC 29615. A rejection notice is only effective if it is signed by all of you and cosigners and if we receive it within twenty-five (25) days after the date of the Loan Agreement. If you reject this Arbitration Agreement, that will not affect any other provision of the Loan Agreement or the status of the Loan Agreement. It will also not affect any prior arbitration agreement between you and us which will remain in full force and effect. If you don't reject this Arbitration Agreement, it will be effective as of the date of the Loan Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable. b. What Claims Are Covered: "Claim" means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Loan Agreement, any prior loan or loans you obtained from us, the events leading up to the Loan Agreement (for example, any disclosures, advertisements, promotions or oral or written statements made by us), or any product or service provided by us or third parties In connection with the Loan Agreement. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third- party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief. However, "Claim" does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; (ii) the exercising of any self-help or non-judicial remedies by you or us, for example, our right to enforce our security interest by using self-help;(iii) any individual action in court by one party that is limited to preventing the other party from using a self help remedy and that does not involve a request for damages or monetary relief of any kind; or (iv) any individual action brought by you against us In small claims court or your state's equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration. c. Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitrationproceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. PAGE 3 OF 5 Your Inltals: Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD d. Choosing the Administrator: The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (the "AAA"), 335 Madison Avenue, New York, NY 10017, www.adr.org., or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org., You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or the court will appoint the Administrator or arbitrator (or arbitrators. In the case of a three-arbitrator panel provided for in Section ”j", below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is Inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or In conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator. e. Class Action Waiver: Notwithstanding any other provision of the Loan Agreement, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us Individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers Including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. f. Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence. g. Cost of Arbitration: Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator's rules or that we are required to pay for this Arbitration Agreement to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator. h. Governing Law: The Loan Agreement evidences a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim). The arbitrator willhave the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Loan Agreement, the Administrator's rules or applicable law. However, with respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Agreement to be enforced. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award. i. Right to Discovery: In addition to the parties' rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request. j. Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $100,000, any party can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Unless the parties agree otherwise, and to the extent feasible, the appeal will be conducted pursuant to or modeled after the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules-optional-appeal-procedure . Reference in this Arbitration Agreement to "the arbitrator" shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned "Cost of Arbitration." Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. PAGE 4 OF 5 Your Inltals: Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD Confirmation of Assignment of Loan Agreement, Promissory Note and Security Agreement This Confirmation of Assignment of Loan Agreement, Promissory Note and any Security Agreement and Interest (hereinafter "Confirmation") is dated 4/11/2017 and is prepared and executed to hereby confirm that Integrity Funding Ohio, LLC ("Integrity") has previously assigned all its right, title and interest in the below listed Loan and Security Agreement to Drummond Financial Services, LLC DBA LoanMax. This assignment includes, but is not limited to, the right to all payments and balance due thereunder and the right to the security interest in the motor vehicle securing such Loan and Security Agreement. Loan and Security Agreement assigned: Borrower Name(s): AUDREY GWINN Account #: Balance Assigned: $2717.14 Collateral: Year: 2004 Make: Buick Model: Rendezvous Assignment Confirmed Integrity Funding Ohio, LLC Electronically Filed 06/15/2022 15:41 // CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD EXHIBIT II BILL OF SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Account Purchase Agreement (the "Agreement") dated July 31, 2019 by and between Drummond Financial Services,LLC ("Seller") and HS Financial Group, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Account Schedule attached hereto as Exhibit I delivered by Seller to Buyer on each Closing Date, and as further described in the Agreement. Lot Number: Aggregate Unpaid Balance: Number of Accounts: DATED: August 2,2019 SELLER: Drummond Financial Services, LLC By: Name (print):. Title: National Loan Exchange. Inc. (NLEX) / CV 22 964771 / Confirmation Nbr 2577397 / CLLMD Electronically Filed 06/15/2022 15.41 / CD oc DC m O O M $ V) 5 to to (3> o in rn M- l/J rH 01 o w o +* c 01 5 O E > g o to 1X1 0> z cc < » L rH » Q c tn CD 10 CM ZD o -E rx iZ < V ID to a Oft O1 (/) m s t3 co ci co to OJ q go in cn <0 o O .c o o (J CM 01 to Q Jt O Q ID oi 2? m c to o to CL o X co IM 5 u o E 3: O ■ o0) M" z ■ 2? 0) CD T co rd u ■ < o> o £ 0) u *c z <■ c oe 2* cn o 3 ;X > c o IL E Q ■ o» in 0J E w ■ uj 3 S O h 3 O o +* 3 o M w cc V CM Q Electronically Filed 06/15/2022 15:41/ / CV 22 964771 / Confirmation Nbr. 2577397 / CLLMD