Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Tristan P. Espinosa, Esq. (CA Bar No. 312481)
REESE LAW GROUP, CA Debt Collection Lic. No.: 10303-99
3168 Lionshead Ave
Carlsbad, CA 92010 802442
TELEPHONE NO.: 760/842-5850 FAX NO. (Optional}: 760/842-5865
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): ONEMAIN FINANCIAL GROUP, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
STREET ADDRESS: 24405 Amador Street
MAILING ADDRESS:24405 Amador Street
CITY AND ZIP CODE: Hayward, CA 94544
BRANCH NAME: HAYWARD JUDICIAL DISTRICT
PLAINTIFF: ONEMAIN FINANCIAL GROUP, LLC
DEFENDANT: ASHTON A ROMERO ,
DOES 1 TO
CONTRACT
X COMPLAINT AMENDED COMPLAINT (Number):
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
X ACTION IS A LIMITED CIVIL CASE CASE NUMBER:
Amount demanded X does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff* (name or names):
ONEMAIN FINANCIAL GROUP, LLC
alleges causes of action against defendant* (name or names):
ASHTON A ROMERO ,
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
X Except plaintiff (name): Same as paragraph “1” above.
(1) X a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) other (specify):
b. Plaintiff (name):
a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. has complied with all licensing requirements as a licensed (specify):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
except defendant (name): except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
* If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12
Judicial Council of California
PLD-C-001 [Rev. January 1, 2007]
PLD-C-001
SHORT TITLE: CASE NUMBER:
ONEMAIN FINANCIAL GROUP, LLC v.
ASHTON A ROMERO,
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.
c. Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
6. X This action is subject to X Civil Code section 1812.10 Civil Code section 2984.4.
7. This court is the proper court because
a. X a defendant entered into the contract here.
b. a defendant lived here when the contract was entered into.
c. a defendant lives here now.
d. the contract was to be performed here.
e. a defendant is a corporation or unincorporated association and its principal place of business is here.
f. real property that is the subject of this action is located here.
g. other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
X Breach of Contract
X Common Counts
Other (specify):
9. Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. X damages of: $3,598.36
b. interest on the damages
(1) according to proof
(2) at the rate of (specify): percent per year from (date):
c. attorney's fees
(1) of: $
(2) according to proof
d. X Other (specify):
Minus any payments made that have not yet been credited.
11. The paragraphs of this pleading alleged on information and belief are as follows
Date: June 23, 2023
Tristan P. Espinosa, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:
ONEMAIN FINANCIAL GROUP, LLC v.
ASHTON A ROMERO,
FIRST CAUSE OF ACTION—Breach of Contract
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): As stated in paragraph/section “1” above.
alleges that on or about (date): November 10, 2021
a X written oral other (specify):
agreement was made between (name parties to agreement):
Defendant and Plaintiff or Plaintiff’s assignor set forth in “Exhibit 1” attached hereto.
X A copy of the agreement is attached as Exhibit 1, or
The essential terms of the agreement are stated in Attachment BC-1 are as follows (specify):
BC-2. On or about (dates): Various dates after the contract was executed.
defendant breached the agreement by the acts specified in Attachment BC-2 X the following acts
(specify):
Failing to pay as agreed.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
as stated in Attachment BC-4 X as follows (specify): Damage in the amount of $3,598.36
BC-5. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
BC-6. X Other:
Minus any payments made that have not yet been credited.
Page
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
CAUSE OF ACTION—Breach of Contract www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
ONEMAIN FINANCIAL GROUP, LLC v.
ASHTON A ROMERO,
SECOND CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): As stated in paragraph/section “1” above.
alleges that defendant (name):
became indebted to X plaintiff other (name):
a. X within the last four years
(1) X on an open book account for money due.
(2) X because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. X within the last two years X four years
(1) X for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
the reasonable value.
(3) X for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
X the sum of $3,598.36
the reasonable value.
(4) X for money lent by plaintiff to defendant at defendant's request.
(5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) other (specify):
CC-2. $3,598.36 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest according to proof at the rate of percent per year
from (date):
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. X Other:
Minus any payments made that have not yet been credited.
Page
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
VERIFICATION
I, Tristan P. Espinosa, Esq., declare:
1. I am an attorney at law admitted to practice before all courts of the State of
California, and have my office in San Diego County, California; and am the attorney
for Plaintiff in the above-entitled action.
2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent
from the county in which I have my office, and for that reason, affiant makes this
verification on Plaintiff's behalf.
3. I have read the foregoing Complaint. The allegations pertaining to venue and the
nature of the action are true. All other allegations are true based on information
and belief.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this Verification was executed on June 23, 2023 ,
at Carlsbad, California.
Tristan P. Espinosa, Esq.
EXHIBIT 1
LOAN AGREEMENT AND DISCLOSURE STATEMENT
DATE 11/10/21 ACCOUNT NUMBER 7753881 TYPE OF LOAN (Alpha) R 00 DATE FINANCE CHARGE BEGINS TO ACCRUE 11/10/21
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We")
ONEMAIN FINANCIAL GROUP, LLC
FAIRMONT SQUARE SHOPPING CTR ASHTON A ROMERO
15065 E 14TH ST STE B 510-317-7528 1784 GERMAINE CT
SAN LEANDRO, CA 94578-1901 APT 9
HAYWARD, CA 94541
License No. 60DBO 90853
I have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products
Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form and GAP Waiver
Addendum, all of which collectively constitute the ’Agreement.“ This Loan Agreement and Disclosure Statement is divided into four sections:
A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C. Arbitration Agreement And Waiver Of Jury Trial and D. Entire
Agreement/Notices/Signature. If I had any questions, I asked them before I signed these documents. By signing, I indicate my agreement
to the statements, promises, terms, and conditions contained in the Agreement.
A. TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to me The amount I will have paid after I have
The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled.
35.99 % $ 2424.67 $ 3120.07 $ 5544.74
My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due
1 $ 146.68 12/15/21
41 $ 131.66 monthly beginning 01/15/22
LATE CHARGE: If any payment is not paid in full within ____ days after its due date, I will be charged _______% of the _______ amount of the payment,
but not more than $_______ or less than $_______.
If any payment is not paid in full within ____
X 10 days after its due date, I will be charged $_______
10.00 if the entire scheduled payment exceeds
$_______
0 or $_______
10.00 if the entire scheduled payment is $_______0 or less.
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PREPAYMENT: If I pay off early: I may X I will not have to pay a penalty for prepaying all or part of a loan's principal balance.
I may X I will not get a refund or credit of part of the finance charge for a prepayment in full. I will not
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receive a refund or credit for a partial prepayment.
SECURITY: I am giving Lender a security interest in: Unsecured X Motor Vehicles Other Collateral
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Year Make Model VIN/Serial No.
2009 CHRYSLER SEBRING 1C3LC46D89N540593
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See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and
prepayment refunds and penalties, if any.
ITEMIZATION OF AMOUNT FINANCED
Amounts paid to others on my behalf
1. $ 37.06 Single Life Premium Paid To LIFE INSURANCE COMPANY *
2. $ 68.01 IUI Premium Paid To INVOLUNTARY UNEMPLOYMENT INS. CO. *
3. $ 15.00 MV Certificate of Title Fee Paid To GOVERNMENT AGENCY
4. $ NONE Paid To
5. $ NONE Paid To
6. $ NONE Paid To
7. $ NONE Paid To
8. $ NONE Paid To
9. $ NONE Paid To
10. $ NONE Paid To
11. $ Paid To
12. $ Paid To * Lender may retain a
13. $ Paid To portion of these
14. $ Paid To amounts.
15. $ Paid To
16. $ Paid To
17. $ Paid To
18. $ Paid To
19. $ Paid To
20. $ Paid To
21. $ Paid To
22. $ Paid To
23. $ Paid To
24. $ Paid To
25. $ NONE Amount Paid on Prior Account with Lender
Amounts Paid to me
26. $ 3000.00 Paid To ASHTON A. ROMERO
27. $ Paid To
28. $ Paid To
29. $ Paid To
30. $ Paid To
31. $ Paid To
$ 3120.07 Amount Financed (Sum of lines 1 - 31)
$ 75.00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
1. $ 75.00 Administrative Fee Paid To LENDER
2. $ NONE Paid To
3. $ NONE Paid To
4. $ NONE Paid To
5. $ NONE Paid To
6. $ NONE Paid To
7. $ NONE Paid To
8. $ NONE Paid To
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement.
\#APSG
E-SIGNED by ASHTON ROMERO
on 2021-11-10 20:18:17 GMT
Borrower Co-Borrower
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
(09-12-21) C.E. Agreement Page 1
B. LOAN TERMS AND CONDITIONS
_________ (the date the Finance Charge is scheduled to begin to accrue).
DATE OF LOAN. 11/10/21
CONTRACT RATE. ____________% 34.32 per year, which is the agreed interest rate.
PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance
with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's
address set forth in this Agreement, unless otherwise notified, until paid in full.
SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of
this Agreement, I hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property
identified in the "Security" disclosure of the TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is
being purchased with the proceeds hereof; (b) any substitutions or replacements of that property; and (c) the proceeds and products of that
property ((a), (b), and (c) collectively referred to as the "Collateral"). I also hereby grant Lender a security interest in any unearned premiums
from any credit insurance I have elected and purchased through Lender in connection with this transaction and any Required Insurance
which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and
future advances thereof, until I have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this
Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a
security interest would be prohibited by applicable law. I authorize Lender to sign and file financing statements covering the Collateral
without my signature. I authorize Lender to file a copy of this Agreement as a financing statement when appropriate. Unless prohibited by
law I agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon
my payment in full.
JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that
Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due.
Each of us under this Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment
terms and release any Collateral securing the loan, or add parties to or release parties from this agreement, without notice to any other
Borrower and without releasing any other Borrower from his responsibilities. Except as otherwise required by law, Lender does not have to
notify Borrower before instituting suit against another Borrower if the note is not paid, and Lender can sue any or all Borrowers upon the
default by any Borrower.
CO-MAKERS (also referred to as CO-SIGNER(S)). If I am signing this Agreement as a Co-Maker, I understand that I am equally
responsible with the Borrower(s). I agree that Lender may pursue me or any Co-Maker if this Agreement is in default. Unless required by
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law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept different payment terms; (c) Lender releases any
security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s).
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AUTHORIZATION TO USE CREDIT REPORT. By signing this Agreement, I authorize Lender to obtain, review and use information
contained in my credit report in order to determine whether I may qualify for other products and services marketed by Lender. This
authorization terminates when my outstanding balance due under this Agreement is paid in full. I may cancel such authorization at any time
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by writing the following: OneMain, P.O. Box 70911, Charlotte, NC 28272-0911. In order to process my request, Lender must be provided
my full name, address, and account number.
VOLUNTARY CREDIT INSURANCE. As used in this Agreement, the term ’credit insurance“ includes credit life insurance, credit disability
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insurance, credit involuntary unemployment insurance, and credit property insurance. An affiliate of the Lender may provide the credit
insurance that I voluntarily select. I acknowledge that Lender and/or its affiliates may profit from my purchase of voluntary credit insurance.
REQUIRED INSURANCE. I am required to maintain insurance in types, amounts, terms and deductible levels acceptable to Lender
("Required Insurance"). The Required Insurance must keep the Collateral insured against hazards for which Lender requires insurance.
Such coverage includes, but is not limited to, loss by theft, vandalism, collision, fire, and any other risks of loss that would either impair
Lender‘s interest in the Collateral or adversely affect the value of the Collateral. I have the option of providing the Required Insurance
through an existing policy of insurance owned or controlled by me, or through a policy obtained and paid for by me. I may purchase this
Required Insurance through any insurer, insurance agent, or broker of my choice that is acceptable to Lender. Lender may not decline to
accept any insurance provided by me unless it is for reasonable cause. Examples of reasonable cause include, but are not limited to, the
financial condition of the insurer and the amount or type of coverage chosen. My choice of insurer will not otherwise affect Lender‘s credit
decision or my credit terms. The types, amounts, and deductible levels that Lender requires under this Agreement may change during the
term of the Agreement. Required Insurance must: (a) include a lender‘s loss payable provision; (b) name Lender, its successors and/or
assigns, as loss payee; (c) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice
to the loss payee; and (d) not include any disclaimer of the insurer's liability for failure to give such notice. I shall promptly give to Lender
satisfactory proof (in Lender‘s reasonable estimation) of all Required Insurance and all receipts of paid premiums and renewal notices.
I agree to keep my Required Insurance in force until all amounts that l owe Lender under this Agreement or the security instrument are paid
in full, my account is terminated, and Lender releases or discharges its security interest. In case of damage to or loss of the Collateral, I
agree to give prompt notice to Lender and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier,
Lender may (but is not required to) do so on my behalf.
If I do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lender‘s sole discretion,
and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. I understand and agree that:
A. Lender is under no obligation to obtain any particular type or amount of coverage.
B. Lender-obtained insurance may, but need not, protect my interests.
C. Lender-obtained insurance may, but need not, pay any claim I make.
D. the cost of Lender-obtained insurance may be much more than the cost of insurance I could have obtained on my own.
E. any amounts disbursed by Lender under this Section to obtain insurance shall become additional debt of mine under this Agreement,
secured by this Agreement or the Security Instrument. This additional debt will bear interest at the Contract Rate from the date of
placement and will be payable, with such interest, upon notice from Lender to me requesting payment.
F. I am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required
Insurance.
G. Lender-obtained insurance may be purchased from an affiliate of Lender.
H. Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law.
I. Lender may, at any time and at its sole option, cancel Lender-obtained insurance.
J. Lender has a security interest in any unearned premiums from such insurance;
1. I am hereby absolutely assigning to Lender any rights I may have to unearned Lender-obtained insurance premiums; and
2. I am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained
insurance and applying the unearned premiums to reduce the account balance upon cancellation of said insurance.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, I hereby absolutely assign to
Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any
other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security
instrument. I agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium
refunds, to reduce the amounts that l owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to
adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance
proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that l owe Lender under this Agreement or the security
instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument.
CORRECTION; RELEASE. During the term of this Agreement, I agree to cooperate with Lender to: (a) correct any clerical errors that were
made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens
upon payment in full.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials ________
N/A ________
N/A
(12-06-20) C.E. Agreement Page 2 (Initials required for physical form)
CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender
reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a
material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for
this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to
by Lender.
SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER
OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any
federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement.
NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent of Lender.
DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, Lender may consider you to be in default of this
Agreement if any one or more of the following occurs:
A. I fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment
due date.
B. I fail to do anything else I have agreed to do in this Agreement.
C. Any statement or representation I made in my credit application is untrue or incorrect.
D. I fail to provide Lender with proof of residence or Required Insurance within ten (10) business days after Lender's written request for
this information.
E. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or involuntary
bankruptcy proceeding.
F. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral.
G. Any police or governmental agency seizes or impounds the Collateral or starts forfeiture proceedings against the Collateral.
H. I sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission.
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(For Kansas residents only: Lender believes the foregoing events B. through J. would significantly impair the prospect of payment,
performance, or realization of collateral. The burden of establishing the prospect of such significant impairment is on the Lender.)
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GENERAL REMEDIES. If I am in default of this Agreement, Lender has, subject to any requirements of notice or right to cure or similar
provisions, all of the remedies permitted by law and this Agreement, including:
A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the
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Amount Financed, finance charges, and all other agreed charges. These amounts will accrue interest from the date I am required to
pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full.
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B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not required
to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges at the Contract Rate
from the date paid until repaid in full to Lender.
C. Lender may require me to make the Collateral available to Lender at a place Lender designates that is reasonably convenient to
Lender and me.
D. Lender may immediately immobilize, disable, or take possession of the Collateral by legal process or self help, but in doing so Lender
may not breach the peace or unlawfully enter onto my premises. Lender may then sell the Collateral and apply what Lender receives,
as provided by law, to Lender's actual and reasonable expenses before all other amounts due hereunder.
E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover what I
owe Lender, and Lender may sue me for those additional amounts.
F. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit insurance in the event of default
and l hereby appoint Lender as my attorney-in-fact to cancel any such insurance in the event of default, subject to any applicable
restrictions under state law. Return of any unearned premium as a result of such request for termination or cancellation will be
credited to my loan account.
G. Lender may accept late payments or partial payments even though marked "Payment in Full“ (or similar language) without losing any
of its rights under this Agreement, to the extent permitted by law.
By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use any
remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender‘s rights hereunder are cumulative, not
exclusive.
I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral, notice is reasonable if mailed to my
last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended sale or transfer, or such other
period of time as is required by law.
I agree that, subject to my right to recover such property, Lender may take possession of personal property left in or on the Collateral taken
into possession as provided above.
DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them.
NOTICES. If required by law, Lender will provide me with notices under this Agreement which, if mailed, shall be sent to my last known
address as reflected in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance.
WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and
notices in connection with the delivery, acceptance, performance, default or endorsement of this Agreement and all suretyship defenses
generally to the extent permitted by applicable law.
SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or
other fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest
amount allowed by applicable law. If a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any such
interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me
that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that I
owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall
constitute a waiver of any right of action I might have arising out of such overcharge.
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from
a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract, or business
arrangement: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID
BY THE DEBTOR HEREUNDER.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials ________
N/A ________
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(12-08-19) C.E. Agreement Page 3 (Initials required for physical form)
Account Number ____________
7753881
INTEREST BEARING LOAN. I agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the daily unpaid Principal
balance computed at the Contract Rate, in the Payment amounts shown in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus
all other fees, charges, and other amounts due under this Agreement, at Lender‘s address set forth in this Agreement, unless otherwise
notified, until paid in full. All payments will be applied in the following order: (a) other charges provided for in this Agreement or otherwise
allowed by law, and late charges; (b) interest accrued to the date the payment is received and applied by Lender; and (c) if there is any
remainder of the payment, the unpaid Principal balance. Interest on my loan accrues daily on the unpaid Principal balance. If I pay early,
more of my payment will be applied to the unpaid Principal balance. If I pay late or miss payments, more of my payment will be applied to
interest. This will delay my Principal reduction and cost me more in interest. The Payment Schedule assumes that I will make each payment
on the day it is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are
received by the Lender. If any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay interest on
these unpaid amounts, computed at the Contract Rate, until paid in full, to the extent permitted by applicable law.
PRINCIPAL. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed.
PREPAYMENT. I may prepay all or any part of my loan at any time. The Prepaid Finance Charges are deemed by the parties to be fully
earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. If this loan is for less than $2,500 and is
prepaid in full before the third scheduled payment due date, interest shall be recomputed as required by Financial Code Þ 22308. For loans
up to $2,500, daily finance charges shall be computed as allowed by Financial Code Þ 22308.
MATURITY DATE. Providing I make all payments by or before the payment due date each month, in the amount described herein, incur no
additional fees or charges, and abide by all the other terms of this agreement, this note will mature on __________
05/15/25 .
LATE CHARGE. I agree to pay any late charge described in the TRUTH IN LENDING DISCLOSURES herein.
DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid for any reason, I agree to pay a
dishonored check charge of $______.
15.00
PAYOFF DEMAND STATEMENTS AND BENEFICIARY STATEMENTS. I agree to pay the fees for payoff demand statements and
Y
beneficiary statements allowed by Civil Code Þ 2943.
DEFAULT COSTS. In the event of default, for loans with an original Principal of $5,000 or more, I agree to pay Lender's (a) court costs, (b)
P
reasonable attorney's fees, and (c) costs to realize on any security interest (including foreclosures and repossessions), each if and to the
extent permitted by applicable law. For loans with an original Principal less than $5,000 secured by a motor vehicle, I agree to pay the
O
amount specified in Financial Code Þ 22202(f) paid in connection with the repossession of a motor vehicle to a repossession agency
licensed pursuant to Chapter 11 of Division 3 of the Business and Professions Code, and actual fees in conformity with ÞÞ 26751 and 41612
of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code.
C
SATISFACTION OF JUDGMENT - SPOUSE'S PROPERTY. The separate property of any married Borrower or Co-Maker who signs below
shall be available to satisfy any judgment obtained on this loan.
PURPOSE OF LOAN. This loan is primarily made for personal, family, or household purposes.
Disclosures required by Civil Code, Þ 1785.26: As required by law, you are notified that Lender will submit a negative credit report
reflecting on your credit record to credit reporting agencies, if you fail to meet the terms of this loan.
Disclosures required by Finance Code, Þ 22337.
X If checked, no person has performed services as a broker in connection with this loan.
If checked, _______________________________________________________________
holding a license identified as Consumer Finance Lender License No. ___________________
Real Estate Broker License No. __________,
has performed services as a broker in connection with this loan and the following fees have been paid or are payable to the
broker for services in connection with this loan. Fees paid or payable by me $______________
Fees paid or payable by Lender $______________
__________________________________________________
\#APSG E-SIGNED by ASHTON ROMERO
on 2021-11-10 20:19:13 GMT
11/10/21 __________________________________________________
Borrower Signature Date Co-Borrower Signature Date
GOVERNING LAW. This Agreement shall be governed by federal law and the California Finance Lenders Law, Division 9 (commencing
with Section 22000) of the Finance Code and the rules issued thereunder. The provisions of California Code of Civil Procedure Þ 1283.05
regarding the right to discovery shall apply to any arbitration proceedings hereunder.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials ________
N/A
Preview
PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Tristan P. Espinosa, Esq. (CA Bar No. 312481) REESE LAW GROUP, CA Debt Collection Lic. No.: 10303-99 3168 Lionshead Ave Carlsbad, CA 92010 802442 TELEPHONE NO.: 760/842-5850 FAX NO. (Optional}: 760/842-5865 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): ONEMAIN FINANCIAL GROUP, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS: 24405 Amador Street MAILING ADDRESS:24405 Amador Street CITY AND ZIP CODE: Hayward, CA 94544 BRANCH NAME: HAYWARD JUDICIAL DISTRICT PLAINTIFF: ONEMAIN FINANCIAL GROUP, LLC DEFENDANT: ASHTON A ROMERO , DOES 1 TO CONTRACT X COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): X ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded X does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): ONEMAIN FINANCIAL GROUP, LLC alleges causes of action against defendant* (name or names): ASHTON A ROMERO , 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult X Except plaintiff (name): Same as paragraph “1” above. (1) X a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) other (specify): b. Plaintiff (name): a. has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person except defendant (name): except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: ONEMAIN FINANCIAL GROUP, LLC v. ASHTON A ROMERO, 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): 6. X This action is subject to X Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because a. X a defendant entered into the contract here. b. a defendant lived here when the contract was entered into. c. a defendant lives here now. d. the contract was to be performed here. e. a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): X Breach of Contract X Common Counts Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. X damages of: $3,598.36 b. interest on the damages (1) according to proof (2) at the rate of (specify): percent per year from (date): c. attorney's fees (1) of: $ (2) according to proof d. X Other (specify): Minus any payments made that have not yet been credited. 11. The paragraphs of this pleading alleged on information and belief are as follows Date: June 23, 2023 Tristan P. Espinosa, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2007] COMPLAINT—Contract Page 2 of 2 PLD-C-001(1) SHORT TITLE: CASE NUMBER: ONEMAIN FINANCIAL GROUP, LLC v. ASHTON A ROMERO, FIRST CAUSE OF ACTION—Breach of Contract (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): As stated in paragraph/section “1” above. alleges that on or about (date): November 10, 2021 a X written oral other (specify): agreement was made between (name parties to agreement): Defendant and Plaintiff or Plaintiff’s assignor set forth in “Exhibit 1” attached hereto. X A copy of the agreement is attached as Exhibit 1, or The essential terms of the agreement are stated in Attachment BC-1 are as follows (specify): BC-2. On or about (dates): Various dates after the contract was executed. defendant breached the agreement by the acts specified in Attachment BC-2 X the following acts (specify): Failing to pay as agreed. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 X as follows (specify): Damage in the amount of $3,598.36 BC-5. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. BC-6. X Other: Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION—Breach of Contract www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2007] PLD-C-001(2) SHORT TITLE: CASE NUMBER: ONEMAIN FINANCIAL GROUP, LLC v. ASHTON A ROMERO, SECOND CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): As stated in paragraph/section “1” above. alleges that defendant (name): became indebted to X plaintiff other (name): a. X within the last four years (1) X on an open book account for money due. (2) X because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. X within the last two years X four years (1) X for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ the reasonable value. (3) X for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff X the sum of $3,598.36 the reasonable value. (4) X for money lent by plaintiff to defendant at defendant's request. (5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): CC-2. $3,598.36 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest according to proof at the rate of percent per year from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. X Other: Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] VERIFICATION I, Tristan P. Espinosa, Esq., declare: 1. I am an attorney at law admitted to practice before all courts of the State of California, and have my office in San Diego County, California; and am the attorney for Plaintiff in the above-entitled action. 2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent from the county in which I have my office, and for that reason, affiant makes this verification on Plaintiff's behalf. 3. I have read the foregoing Complaint. The allegations pertaining to venue and the nature of the action are true. All other allegations are true based on information and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on June 23, 2023 , at Carlsbad, California. Tristan P. Espinosa, Esq. EXHIBIT 1 LOAN AGREEMENT AND DISCLOSURE STATEMENT DATE 11/10/21 ACCOUNT NUMBER 7753881 TYPE OF LOAN (Alpha) R 00 DATE FINANCE CHARGE BEGINS TO ACCRUE 11/10/21 LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We") ONEMAIN FINANCIAL GROUP, LLC FAIRMONT SQUARE SHOPPING CTR ASHTON A ROMERO 15065 E 14TH ST STE B 510-317-7528 1784 GERMAINE CT SAN LEANDRO, CA 94578-1901 APT 9 HAYWARD, CA 94541 License No. 60DBO 90853 I have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form and GAP Waiver Addendum, all of which collectively constitute the ’Agreement.“ This Loan Agreement and Disclosure Statement is divided into four sections: A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C. Arbitration Agreement And Waiver Of Jury Trial and D. Entire Agreement/Notices/Signature. If I had any questions, I asked them before I signed these documents. By signing, I indicate my agreement to the statements, promises, terms, and conditions contained in the Agreement. A. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to me The amount I will have paid after I have The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled. 35.99 % $ 2424.67 $ 3120.07 $ 5544.74 My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due 1 $ 146.68 12/15/21 41 $ 131.66 monthly beginning 01/15/22 LATE CHARGE: If any payment is not paid in full within ____ days after its due date, I will be charged _______% of the _______ amount of the payment, but not more than $_______ or less than $_______. If any payment is not paid in full within ____ X 10 days after its due date, I will be charged $_______ 10.00 if the entire scheduled payment exceeds $_______ 0 or $_______ 10.00 if the entire scheduled payment is $_______0 or less. Y PREPAYMENT: If I pay off early: I may X I will not have to pay a penalty for prepaying all or part of a loan's principal balance. I may X I will not get a refund or credit of part of the finance charge for a prepayment in full. I will not P receive a refund or credit for a partial prepayment. SECURITY: I am giving Lender a security interest in: Unsecured X Motor Vehicles Other Collateral O Year Make Model VIN/Serial No. 2009 CHRYSLER SEBRING 1C3LC46D89N540593 C See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties, if any. ITEMIZATION OF AMOUNT FINANCED Amounts paid to others on my behalf 1. $ 37.06 Single Life Premium Paid To LIFE INSURANCE COMPANY * 2. $ 68.01 IUI Premium Paid To INVOLUNTARY UNEMPLOYMENT INS. CO. * 3. $ 15.00 MV Certificate of Title Fee Paid To GOVERNMENT AGENCY 4. $ NONE Paid To 5. $ NONE Paid To 6. $ NONE Paid To 7. $ NONE Paid To 8. $ NONE Paid To 9. $ NONE Paid To 10. $ NONE Paid To 11. $ Paid To 12. $ Paid To * Lender may retain a 13. $ Paid To portion of these 14. $ Paid To amounts. 15. $ Paid To 16. $ Paid To 17. $ Paid To 18. $ Paid To 19. $ Paid To 20. $ Paid To 21. $ Paid To 22. $ Paid To 23. $ Paid To 24. $ Paid To 25. $ NONE Amount Paid on Prior Account with Lender Amounts Paid to me 26. $ 3000.00 Paid To ASHTON A. ROMERO 27. $ Paid To 28. $ Paid To 29. $ Paid To 30. $ Paid To 31. $ Paid To $ 3120.07 Amount Financed (Sum of lines 1 - 31) $ 75.00 Prepaid Finance Charges (itemized below) PREPAID FINANCE CHARGES 1. $ 75.00 Administrative Fee Paid To LENDER 2. $ NONE Paid To 3. $ NONE Paid To 4. $ NONE Paid To 5. $ NONE Paid To 6. $ NONE Paid To 7. $ NONE Paid To 8. $ NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement. \#APSG E-SIGNED by ASHTON ROMERO on 2021-11-10 20:18:17 GMT Borrower Co-Borrower SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION (09-12-21) C.E. Agreement Page 1 B. LOAN TERMS AND CONDITIONS _________ (the date the Finance Charge is scheduled to begin to accrue). DATE OF LOAN. 11/10/21 CONTRACT RATE. ____________% 34.32 per year, which is the agreed interest rate. PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of this Agreement, I hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property identified in the "Security" disclosure of the TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is being purchased with the proceeds hereof; (b) any substitutions or replacements of that property; and (c) the proceeds and products of that property ((a), (b), and (c) collectively referred to as the "Collateral"). I also hereby grant Lender a security interest in any unearned premiums from any credit insurance I have elected and purchased through Lender in connection with this transaction and any Required Insurance which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and future advances thereof, until I have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. I authorize Lender to sign and file financing statements covering the Collateral without my signature. I authorize Lender to file a copy of this Agreement as a financing statement when appropriate. Unless prohibited by law I agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon my payment in full. JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due. Each of us under this Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment terms and release any Collateral securing the loan, or add parties to or release parties from this agreement, without notice to any other Borrower and without releasing any other Borrower from his responsibilities. Except as otherwise required by law, Lender does not have to notify Borrower before instituting suit against another Borrower if the note is not paid, and Lender can sue any or all Borrowers upon the default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If I am signing this Agreement as a Co-Maker, I understand that I am equally responsible with the Borrower(s). I agree that Lender may pursue me or any Co-Maker if this Agreement is in default. Unless required by Y law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept different payment terms; (c) Lender releases any security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s). P AUTHORIZATION TO USE CREDIT REPORT. By signing this Agreement, I authorize Lender to obtain, review and use information contained in my credit report in order to determine whether I may qualify for other products and services marketed by Lender. This authorization terminates when my outstanding balance due under this Agreement is paid in full. I may cancel such authorization at any time O by writing the following: OneMain, P.O. Box 70911, Charlotte, NC 28272-0911. In order to process my request, Lender must be provided my full name, address, and account number. VOLUNTARY CREDIT INSURANCE. As used in this Agreement, the term ’credit insurance“ includes credit life insurance, credit disability C insurance, credit involuntary unemployment insurance, and credit property insurance. An affiliate of the Lender may provide the credit insurance that I voluntarily select. I acknowledge that Lender and/or its affiliates may profit from my purchase of voluntary credit insurance. REQUIRED INSURANCE. I am required to maintain insurance in types, amounts, terms and deductible levels acceptable to Lender ("Required Insurance"). The Required Insurance must keep the Collateral insured against hazards for which Lender requires insurance. Such coverage includes, but is not limited to, loss by theft, vandalism, collision, fire, and any other risks of loss that would either impair Lender‘s interest in the Collateral or adversely affect the value of the Collateral. I have the option of providing the Required Insurance through an existing policy of insurance owned or controlled by me, or through a policy obtained and paid for by me. I may purchase this Required Insurance through any insurer, insurance agent, or broker of my choice that is acceptable to Lender. Lender may not decline to accept any insurance provided by me unless it is for reasonable cause. Examples of reasonable cause include, but are not limited to, the financial condition of the insurer and the amount or type of coverage chosen. My choice of insurer will not otherwise affect Lender‘s credit decision or my credit terms. The types, amounts, and deductible levels that Lender requires under this Agreement may change during the term of the Agreement. Required Insurance must: (a) include a lender‘s loss payable provision; (b) name Lender, its successors and/or assigns, as loss payee; (c) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the loss payee; and (d) not include any disclaimer of the insurer's liability for failure to give such notice. I shall promptly give to Lender satisfactory proof (in Lender‘s reasonable estimation) of all Required Insurance and all receipts of paid premiums and renewal notices. I agree to keep my Required Insurance in force until all amounts that l owe Lender under this Agreement or the security instrument are paid in full, my account is terminated, and Lender releases or discharges its security interest. In case of damage to or loss of the Collateral, I agree to give prompt notice to Lender and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, Lender may (but is not required to) do so on my behalf. If I do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lender‘s sole discretion, and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. I understand and agree that: A. Lender is under no obligation to obtain any particular type or amount of coverage. B. Lender-obtained insurance may, but need not, protect my interests. C. Lender-obtained insurance may, but need not, pay any claim I make. D. the cost of Lender-obtained insurance may be much more than the cost of insurance I could have obtained on my own. E. any amounts disbursed by Lender under this Section to obtain insurance shall become additional debt of mine under this Agreement, secured by this Agreement or the Security Instrument. This additional debt will bear interest at the Contract Rate from the date of placement and will be payable, with such interest, upon notice from Lender to me requesting payment. F. I am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required Insurance. G. Lender-obtained insurance may be purchased from an affiliate of Lender. H. Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law. I. Lender may, at any time and at its sole option, cancel Lender-obtained insurance. J. Lender has a security interest in any unearned premiums from such insurance; 1. I am hereby absolutely assigning to Lender any rights I may have to unearned Lender-obtained insurance premiums; and 2. I am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained insurance and applying the unearned premiums to reduce the account balance upon cancellation of said insurance. ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, I hereby absolutely assign to Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security instrument. I agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, to reduce the amounts that l owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that l owe Lender under this Agreement or the security instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument. CORRECTION; RELEASE. During the term of this Agreement, I agree to cooperate with Lender to: (a) correct any clerical errors that were made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens upon payment in full. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials ________ N/A ________ N/A (12-06-20) C.E. Agreement Page 2 (Initials required for physical form) CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to by Lender. SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement. NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent of Lender. DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, Lender may consider you to be in default of this Agreement if any one or more of the following occurs: A. I fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment due date. B. I fail to do anything else I have agreed to do in this Agreement. C. Any statement or representation I made in my credit application is untrue or incorrect. D. I fail to provide Lender with proof of residence or Required Insurance within ten (10) business days after Lender's written request for this information. E. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or involuntary bankruptcy proceeding. F. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral. G. Any police or governmental agency seizes or impounds the Collateral or starts forfeiture proceedings against the Collateral. H. I sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission. Y (For Kansas residents only: Lender believes the foregoing events B. through J. would significantly impair the prospect of payment, performance, or realization of collateral. The burden of establishing the prospect of such significant impairment is on the Lender.) P GENERAL REMEDIES. If I am in default of this Agreement, Lender has, subject to any requirements of notice or right to cure or similar provisions, all of the remedies permitted by law and this Agreement, including: A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the O Amount Financed, finance charges, and all other agreed charges. These amounts will accrue interest from the date I am required to pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full. C B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not required to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges at the Contract Rate from the date paid until repaid in full to Lender. C. Lender may require me to make the Collateral available to Lender at a place Lender designates that is reasonably convenient to Lender and me. D. Lender may immediately immobilize, disable, or take possession of the Collateral by legal process or self help, but in doing so Lender may not breach the peace or unlawfully enter onto my premises. Lender may then sell the Collateral and apply what Lender receives, as provided by law, to Lender's actual and reasonable expenses before all other amounts due hereunder. E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover what I owe Lender, and Lender may sue me for those additional amounts. F. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit insurance in the event of default and l hereby appoint Lender as my attorney-in-fact to cancel any such insurance in the event of default, subject to any applicable restrictions under state law. Return of any unearned premium as a result of such request for termination or cancellation will be credited to my loan account. G. Lender may accept late payments or partial payments even though marked "Payment in Full“ (or similar language) without losing any of its rights under this Agreement, to the extent permitted by law. By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use any remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender‘s rights hereunder are cumulative, not exclusive. I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral, notice is reasonable if mailed to my last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended sale or transfer, or such other period of time as is required by law. I agree that, subject to my right to recover such property, Lender may take possession of personal property left in or on the Collateral taken into possession as provided above. DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them. NOTICES. If required by law, Lender will provide me with notices under this Agreement which, if mailed, shall be sent to my last known address as reflected in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance. WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and notices in connection with the delivery, acceptance, performance, default or endorsement of this Agreement and all suretyship defenses generally to the extent permitted by applicable law. SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or other fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest amount allowed by applicable law. If a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any such interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that I owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall constitute a waiver of any right of action I might have arising out of such overcharge. The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract, or business arrangement: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials ________ N/A ________ N/A (12-08-19) C.E. Agreement Page 3 (Initials required for physical form) Account Number ____________ 7753881 INTEREST BEARING LOAN. I agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the daily unpaid Principal balance computed at the Contract Rate, in the Payment amounts shown in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender‘s address set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in the following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; (b) interest accrued to the date the payment is received and applied by Lender; and (c) if there is any remainder of the payment, the unpaid Principal balance. Interest on my loan accrues daily on the unpaid Principal balance. If I pay early, more of my payment will be applied to the unpaid Principal balance. If I pay late or miss payments, more of my payment will be applied to interest. This will delay my Principal reduction and cost me more in interest. The Payment Schedule assumes that I will make each payment on the day it is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by the Lender. If any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay interest on these unpaid amounts, computed at the Contract Rate, until paid in full, to the extent permitted by applicable law. PRINCIPAL. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed. PREPAYMENT. I may prepay all or any part of my loan at any time. The Prepaid Finance Charges are deemed by the parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. If this loan is for less than $2,500 and is prepaid in full before the third scheduled payment due date, interest shall be recomputed as required by Financial Code Þ 22308. For loans up to $2,500, daily finance charges shall be computed as allowed by Financial Code Þ 22308. MATURITY DATE. Providing I make all payments by or before the payment due date each month, in the amount described herein, incur no additional fees or charges, and abide by all the other terms of this agreement, this note will mature on __________ 05/15/25 . LATE CHARGE. I agree to pay any late charge described in the TRUTH IN LENDING DISCLOSURES herein. DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid for any reason, I agree to pay a dishonored check charge of $______. 15.00 PAYOFF DEMAND STATEMENTS AND BENEFICIARY STATEMENTS. I agree to pay the fees for payoff demand statements and Y beneficiary statements allowed by Civil Code Þ 2943. DEFAULT COSTS. In the event of default, for loans with an original Principal of $5,000 or more, I agree to pay Lender's (a) court costs, (b) P reasonable attorney's fees, and (c) costs to realize on any security interest (including foreclosures and repossessions), each if and to the extent permitted by applicable law. For loans with an original Principal less than $5,000 secured by a motor vehicle, I agree to pay the O amount specified in Financial Code Þ 22202(f) paid in connection with the repossession of a motor vehicle to a repossession agency licensed pursuant to Chapter 11 of Division 3 of the Business and Professions Code, and actual fees in conformity with ÞÞ 26751 and 41612 of the Government Code in an amount not exceeding the amount specified in those sections of the Government Code. C SATISFACTION OF JUDGMENT - SPOUSE'S PROPERTY. The separate property of any married Borrower or Co-Maker who signs below shall be available to satisfy any judgment obtained on this loan. PURPOSE OF LOAN. This loan is primarily made for personal, family, or household purposes. Disclosures required by Civil Code, Þ 1785.26: As required by law, you are notified that Lender will submit a negative credit report reflecting on your credit record to credit reporting agencies, if you fail to meet the terms of this loan. Disclosures required by Finance Code, Þ 22337. X If checked, no person has performed services as a broker in connection with this loan. If checked, _______________________________________________________________ holding a license identified as Consumer Finance Lender License No. ___________________ Real Estate Broker License No. __________, has performed services as a broker in connection with this loan and the following fees have been paid or are payable to the broker for services in connection with this loan. Fees paid or payable by me $______________ Fees paid or payable by Lender $______________ __________________________________________________ \#APSG E-SIGNED by ASHTON ROMERO on 2021-11-10 20:19:13 GMT 11/10/21 __________________________________________________ Borrower Signature Date Co-Borrower Signature Date GOVERNING LAW. This Agreement shall be governed by federal law and the California Finance Lenders Law, Division 9 (commencing with Section 22000) of the Finance Code and the rules issued thereunder. The provisions of California Code of Civil Procedure Þ 1283.05 regarding the right to discovery shall apply to any arbitration proceedings hereunder. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials ________ N/A