Preview
MOTION FOR DEFAULT FOR STATE OF CONNECTICUT COURT USE ONLY
SUPERIOR COURT
{A
FAILURE TO APPEAR, JUDGMENT
AND ORDER FOR WEEKLY PAYMENTS www jud.ct.gov AA
JD-CV-49 Rev. 8-99 INSTRUCTIONS TO PLAINTIFF/PLAINTIFF'S ATTORNEY RETURN DATE
P.B. §§ 17-23, et seq, Complete this Motion and an Affidavit of Debt (JD-CV-52) and send original of each
fo the Clerk's Office and one copy of each to all defendants. Complete section | of 03/28/2023
the Notice of Judgment and Order for Weekly Payments (JD-CV-50) and file in DOCKET NO.
TO: The Superior Court duplicate with the Clerk's Oftice. LLI-CV-23-6032985-S
Judicial Housing ADDRESS OF COURT (No., street, town and zip code)
kl District Session O GA. No. 50 Field Street, Torrington CT 06790
NAME OF CASE (Plaintiff v. Defendant)
Pagaya Funding Trust Il vs. Joel Quezada
NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTION IS FILED
Joel Quezada
M JOTION FOR DEFAULT FOR FAILURE TO APPEAR, JUDGMENT AND ORDER FOR WEEKLY PAYMENTS
In the above entitled action, the Plaintiff(s) respectfully represent(s) that the Defendant(s) named above has (have) failed to
file an appearance within two days after the return date. The Plaintiff(s) therefore request(s) that a default be entered
against the Defendant(s) for failure to appear and that the Court enter judgment after default in favor of the Plaintiff(s) in
accordance with the Affidavit of Debt att "X" one of the following)
The Plaintiff(s) also peGues}(6) thata fder for NOMINAL [XJ REASONABLE $ weekly payments be entered
NAME OF PERSO! ADDRESS
Mark A. Sank Mark Sank & Associates, LLC, 666 Glenbrook Road, Stamford, CT 06906
SIGNED
X LZ [ZK een J
Cpvainrier
Del atrorney FOR PLAINTIFF(S)
MILITARY SERVICE AFFIDAVIT
DATE SIGNED
10/16/2023
The undersigned, being duly swoff depose: and says that : ("X” one of the following)
LL] the undersigned is unableto det line whether or not the Defendant(s) in this action are in the military or naval service
of the United States.
no Defendant in this action is in the mill aval service of the United States, and that, to the personal knowledge
of the undersigned (state facts showing defendant is not in such service).
Per a search using the Defendant's social security number and name through the Defense Manpower Data Center. Please see the
attached verification.
\
‘SIGNED (Afiant)
J
Subscribed and sworn toBeforeme
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PRINT NAj
odes
‘SIGNI
IF APPLIC,
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of Si
sistant
fourt/Notary}
PF
E, TITLE, OF DATE SIGNED,
10/16/2023
DATE SIGNED
10/16/2023
PLAINTIFF'S BILL OF COSTS TC*CERTIFICATION OF SERVICE
This is to certify that copies ofthe above Motion, Miltary Service Affidavit,
Complaint Fee. Affidavit of Debt, and Plaintiff's Bill of Costs were delivered/mailed via
Entry Fee. $ 360.00 U.S. Mail, postage prepaid/on (date): 10/16/2023
Sheriff's Fee. 95.00 to the following Defendarits: (Enter name(s) and address(es) of
Proceedings Before Trial Defendant(s)).
Joel Quezada
LV LF] 5.01 56 Rockwell St
Winsted CT 06098
TOTAL
LL
SIGNED Doptannier FOR COURT USE ONLY
xX Dx] ATTORNEY FOR PLAINTIFF(S)
DATE SIGNED
10/16/2023
99953.001
Department of Defense Manpower Data Center Results as of : Oct-18-2023 08:34:35 AM
SCRA 5.18
itn
b
mea Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9232
Birth Date:
Last Name: QUEZADA
First Name: JOEL
Middle Name:
Status As Of: Oct-15-2023
Certificate ID: KX44Q563M5ZLF49
‘On Active Duly On Active Duly Status Date
Active Duty Start Date ‘ete Duy End Date Status ‘Servic Component.
NA NA Fa Peer ask NA
Ts epee ndh ‘active duly,staius base ‘Duty Status Date
Be "
f es, rhidg ae. ih
Tot Ace Duty Win 807 Daye of Acve Out Status Dato
Active Duty Start Date Active Duty End Date Status ‘Service Component
NA o oF No a NA
‘This response reflects ta a left active dity. Siw i t S87 days preceditg the Adie ly Status Date
eive # 3if
de
“The onto or Hier Unit Was NoUiod ofa Fut cally to Actvo Buy on Act uly Stat Dal
Order Notification Start Date (Order Notication End Date Status ‘Service Gampanant
NA = NA
Ti espns rfc whaler alter utes rac Feu tego w report
tor sive oy
— o a
Upon searching the data banks of the Department of Defense Manpower Data’ Centér, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report far Active Duty.
Oa rusespgacteh
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04625
Alexandria, VA 22350
‘The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civit Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formarly known as
the Soldiers’ and Sailors’ Civil Relief Act of 1940), DMOC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. in the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https:/scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
was on active duly for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 0 USC App. § 3921(¢).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status”
Active duty status as reported in this certificate 1s defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods tess
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secratary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobil tion position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reseive (ARs) and Coast Guard Resetve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duly commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate, SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods,
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(4)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
‘Those whe cauld rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed fo Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
AFFIDAVIT OF DEBT
RE: MOTION FOR DEFAULT aaa]
FOR FAILURE TO APPEAR, STATE OF CONNECTICUT
JUDGMENT AND ORDER FOR
WEEKLY PAYMENTS
SUPERIOR COURT
00 A
JD-CV-52 Rev. 5-99
INSTRUCTIONS
P.B, §17-25 1. Complete this affidavit and send original with your completed Motion for Default to Appear, Judgment and Order
for Weekly Payments (JO-CV-49) and Notice of Judgment and Order of Payments (JD-CV-50) to the Clerk's Office.
2. Attach a copy of the contract, lease or other document, if applicable, to the completed affidavit
3. If interestis being claimed, the period covered and the rate claimed must be stated.
4. If claiming attorney's fees, a copy of the agreement must be attached.
5. Send one copy of the completed Affidavitand Motion to each defendant
RETURN DATE
03/28/2023
TO: The Superior Court
tu CV-23 6032985-S
‘COURT JUDICIAL [7 HOUSING 7 GA ADDRESS OF COURT (No., street, town, and zip code)
X) DISTRICT | SESSION NO. - 50 Field Street Torrington CT 06790
NAME OF CASE (Plaintiff v. Defendant)
Pagava Funding Trust Il vs. Joel Quezada
NAME(S) OF (ALL) DEFENDANT(S) AGAINST WHOM MOTION IS FILED
Joel Quez oe a — —
aes i WIT EB -
The undersigned deposes and says that (s)he is the LJ Plaintiff or x] (title) Director of Servicing of the
Plaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows:
xxX Continuation of this apy of debtsno and made a part hereof.
SIGNED (Affiant)
ZY, PRINT NAME OF AFFIANT
Michael Young
DATE SIGNED
Subscribed and sworn to before me; /- f 4
NATALIE VIOVET VARICHAI
ZA, Notary Public, State of Arizona
ove ie)
ime
Maricopa County
Commission # 614194 s
My Commission Expire
Eee] RST
Rey August 29, 2025
Affidavit
BEFORE ME, the undersigned authority, personally appeared Affiant, Michael Young, who being first
duly sworn, deposes and states:
1 Iam employed by Upgrade, Inc. (“Upgrade”), the Servicer for Plaintiff pertaining to the loan
forming the subject matter of this action. Upgrade is a Delaware corporation and operates a
technology-powered online marketplace which enables consumers to apply for and obtain loans
that are originated and funded by state-chartered FDIC-insured banks through the Upgrade
platform,
lam over the age of 18 and competent to testify to the matters stated herein. As an employee of
Upgrade, I am duly authorized by Plaintiff to make the representation contained in this Affidavit.
Thave access and training on the systems of record utilized by Upgrade to enter and maintain loan
account records and documentation concerning Defendant’s loan with Plaintiff.
Tam familiar with the process by which Upgrade generates account records and receives prior
account records, including origination records from the time the loan was requested through
disbursement to Defendant, and also including servicing and transaction records during the life of
the subject Ioan.
Tam further competent and authorized to testify regarding this loan through personal knowledge
of the business records maintained by Upgrade as Servicer and custodian of records, including
electronic data provided to Upgrade related to Defendant's loan and the business records attached
to this Affidavit.
Upgrade has been contracted to perform the duties of the Servicer for Plaintiff by Blue Ridge
Bank, a nationally chartered, FDIC insured commercial bank (“Lender”) and/or Plaintiff,
Upgrade, as the Servicer of the Plaintiff, is the designated custodian of records for Defendant’s
loan. Additionally, Upgrade maintains the dedicated system of record for electronic transactions
pertaining to Defendant’s loan, including, but not necessarily limited to, payments, credits,
interest accrual and any other transactions that could impact Defendant’s loan. Attached hereto as
Exhibit “A” is a true and correct copy of the confirmation of Upgrade’s capacity as Servicer.
Defendant agreed to Upgrade being the servicer of the Loan and further agreed to comply with
Upgrade’s Terms of Use. Attached hereto as Exhibit “B” is a true and correct copy of Upgrade’s
Terms of Use.
Documents related to the loan obtained through the Upgrade platform are generated, signed, and
stored electronically. Every borrower electronically signs a “Terms of Use," and an “ESIGN Act
Consent,” thereby agreeing and consenting to transact business with Upgrade online and
electronically, including electronically receiving all documents, communications, notices,
contracts, and agreements, from Upgrade or the Lender, arising from or relating to the Upgrade
platform, including any loans that the borrower requests or receives, any loans that a borrower
requests to be funded, and the servicing of a loan, once funded.
This lawsuit concerns an unpaid loan owed by Defendant, JOEL QUEZADA, to Plaintiff.
Specifically, Defendant entered into a loan agreement at Defendant’s special instance and request.
A loan was extended for Defendant to use pursuant to the terms of the loan agreements.
Defendant has failed, refused, and/or neglected to pay the balance pursuant to the agreed terms.
10. Loan records are created, compiled and recorded as part of regularly conducted business activity
at or near the time of the event and from information transmitted from a person with personal
knowledge of said event and a business duty to report it, or from information transmitted bya
person with personal knowledge of the account or events described within the business record.
Such records are created, kept, maintained, and relied upon in the course of regularly conducted
business activity.
11 I have reviewed the loan records described in this affidavit regarding the loan account number
ending in ****5847. No payment has been made since February 20, 2022. After all payments,
credits and offsets have been applied, Defendant JOEL QUEZADA owes the principal sum of
$6,232.52 as of the date of this affidavit. Attached hereto and incorporated as Exhibit “C” is a
true and correct copy of the underlying Borrower Agreement. Attached hereto and incorporated
as Exhibit “D” is a true and correct copy of the Loan Agreement and Promissory Note. Attached
hereto and incorporated as Exhibit “E” is a true and correct copy of the Truth in Lending Act
Disclosure.
12. The Borrower Agreement and the Promissory Note provide that Lender has the right, without
prior written consent, to assign the rights, benefits or obligations to a third party or affiliate and
the rights under the Borrower Agreement and the Promissory Note shall inure to the benefit of the
successors and assigns.
13 Under the terms of the Promissory Note, the Defendant agreed to pay the principal loan amount,
together with interests, fees and charges as described in the Promissory Note to the order of
Lender or any subsequent holder of the Promissory Note.
14. In the process of submitting the completed loan application through the Upgrade platform, the
Defendant agreed to the Terms of Use, in which the Defendant was informed, and did consent to
conduct business electronically. The Defendant’s ability to consent to the Terms of Use
electronically is authorized by the Defendant by the loan document titled "Disclosure and
Consent To Electronic Receipt of Loan Disclosure and Electronic Contracting" (hereinafter
"ESIGN Act Consent"), attached hereto as Exhibit “F.”
15 Defendant opened a loan with Lender and funds were disbursed on October 20, 2021.
Defendant’s loan was then transferred, sold and assigned to Upgrade, who subsequently
transferred, sold and assigned the Defendant’s loan to Plaintiff, PAGAYA FUNDING TRUST II
on October 20, 2021 for valuable consideration. Defendant’s loan was in good standing and not
in default on October 20, 2021.
16. Attached hereto and incorporated as Exhibit “G” is a true and correct copy of the Payment
History for the subject loan.
17. Based on custodial records, Defendant is not a minor or incompetent. A reasonable inquiry has
been made to determine if Defendant is in the military service of the United States of America,
and, to the best of my knowledge, Defendant is not in such military service and is therefore not
entitled to the rights and privileges provided under the Servicemembers Civil Relief Act
(“SCRA”), 50 U.S.C. §§ 3901-4043.
18 I declare under the penalty of perjury under the laws of the forum state that the foregoing is true
and correct.
FURTHER AFFIA T SAYETH NAUGHT.
Sr. Director of Servicing
AFFIANT. — AFFIANT TITLE
Dated this 12-day ot M973
STATE OF ARIZONA
COUNTY OF MARICOPA
Si . ‘cribed and sworn to (or affirmed) before me by this 20 day of
023.
Me
Notary Public
oe KS
ae zs) )
NATALIE VIOLET VARICHAK
Notary Public, State of Arizona
Maricopa County
Commission # 614194
My Commission Expires
August 29, 2025
My commission expires: o39ba lyegs-
22088458
EXHIBIT A
Upgrade, Inc
RE
PAGAYA FUNDING TRUST II
To Whom It May Concern:
Upgrade Inc. (“Upgrade”) confirms that all loan accounts owned by the subject trusts and serviced by
Upgrade were originated by BLUE RIDGE BANK, A NATIONALLY CHARTERED, FDIC
INSURED COMMERCIAL BANK and purchased by Upgrade pursuant to the Loan Sale Agreement
(as amended and restated) between BLUE RIDGE BANK, A NATIONALLY CHARTERED, FDIC
INSURED COMMERCIAL BANK and Upgrade. The respective trusts then purchased the loans from
Upgrade pursuant to the Loan Sale and Purchase Agreements (“Sale Agreement(s)”) between
Upgrade and the respective trusts. Finally, the respective trusts retained Upgrade as servicer pursuant
to respective Loan Servicing Agreements for the loans acquired under the Sale Agreements.
Upgrade, as Servicer for the above referenced Trust(s), confirms that it is the dedicated
record
custodian with respect to all loan accounts owned by the Trust(s) and is fully authorized, among
other
things, to execute affidavits regarding account documents, verify responses to discovery and provide
testimony on behalf of the Trust(s).
Any questions regarding the above referenced processes should be directed to Upgrade at (844)
899-
9931.
Sincerely,
U grade, Inc
Ag Sefvice
By (chael
Title: Sr. rectof of Servicing
Terms of Use
June 28, 2021
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he or she may al age 01 mmactnes ei oe a ext. :
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essa: a (in
You cansent to ¢ 2 SMS messag
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{through skip trai gaptui
c e ne ). withifhformation or questio ut your request,
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THIS ARBITRATION AGRE EMENT AS DESC! RIBED BELOW,
a. You and Upgrad ree either,
ee if subse as Upg
ory , may; your or Upgrade’s
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sole election isequire that, eS sold ao 0 im be final and
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exclusi sol
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paragraph (f low. As used in Arbitration ior Hel include ai St, present, or future
Gaim, disp contro) invelwl you (0] e fons Gl ing throu igh or conn setee d with you), on the one
hand, and UI He yy assi a (or per: claiming through or MY jected with Upgrade
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MOTION FOR DEFAULT FOR STATE OF CONNECTICUT COURT USE ONLY SUPERIOR COURT {A FAILURE TO APPEAR, JUDGMENT AND ORDER FOR WEEKLY PAYMENTS www jud.ct.gov AA JD-CV-49 Rev. 8-99 INSTRUCTIONS TO PLAINTIFF/PLAINTIFF'S ATTORNEY RETURN DATE P.B. §§ 17-23, et seq, Complete this Motion and an Affidavit of Debt (JD-CV-52) and send original of each fo the Clerk's Office and one copy of each to all defendants. Complete section | of 03/28/2023 the Notice of Judgment and Order for Weekly Payments (JD-CV-50) and file in DOCKET NO. TO: The Superior Court duplicate with the Clerk's Oftice. LLI-CV-23-6032985-S Judicial Housing ADDRESS OF COURT (No., street, town and zip code) kl District Session O GA. No. 50 Field Street, Torrington CT 06790 NAME OF CASE (Plaintiff v. Defendant) Pagaya Funding Trust Il vs. Joel Quezada NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTION IS FILED Joel Quezada M JOTION FOR DEFAULT FOR FAILURE TO APPEAR, JUDGMENT AND ORDER FOR WEEKLY PAYMENTS In the above entitled action, the Plaintiff(s) respectfully represent(s) that the Defendant(s) named above has (have) failed to file an appearance within two days after the return date. The Plaintiff(s) therefore request(s) that a default be entered against the Defendant(s) for failure to appear and that the Court enter judgment after default in favor of the Plaintiff(s) in accordance with the Affidavit of Debt att "X" one of the following) The Plaintiff(s) also peGues}(6) thata fder for NOMINAL [XJ REASONABLE $ weekly payments be entered NAME OF PERSO! ADDRESS Mark A. Sank Mark Sank & Associates, LLC, 666 Glenbrook Road, Stamford, CT 06906 SIGNED X LZ [ZK een J Cpvainrier Del atrorney FOR PLAINTIFF(S) MILITARY SERVICE AFFIDAVIT DATE SIGNED 10/16/2023 The undersigned, being duly swoff depose: and says that : ("X” one of the following) LL] the undersigned is unableto det line whether or not the Defendant(s) in this action are in the military or naval service of the United States. no Defendant in this action is in the mill aval service of the United States, and that, to the personal knowledge of the undersigned (state facts showing defendant is not in such service). Per a search using the Defendant's social security number and name through the Defense Manpower Data Center. Please see the attached verification. \ ‘SIGNED (Afiant) J Subscribed and sworn toBeforeme \ PRINT NAj odes ‘SIGNI IF APPLIC, i, Leg: of Si sistant fourt/Notary} PF E, TITLE, OF DATE SIGNED, 10/16/2023 DATE SIGNED 10/16/2023 PLAINTIFF'S BILL OF COSTS TC*CERTIFICATION OF SERVICE This is to certify that copies ofthe above Motion, Miltary Service Affidavit, Complaint Fee. Affidavit of Debt, and Plaintiff's Bill of Costs were delivered/mailed via Entry Fee. $ 360.00 U.S. Mail, postage prepaid/on (date): 10/16/2023 Sheriff's Fee. 95.00 to the following Defendarits: (Enter name(s) and address(es) of Proceedings Before Trial Defendant(s)). Joel Quezada LV LF] 5.01 56 Rockwell St Winsted CT 06098 TOTAL LL SIGNED Doptannier FOR COURT USE ONLY xX Dx] ATTORNEY FOR PLAINTIFF(S) DATE SIGNED 10/16/2023 99953.001 Department of Defense Manpower Data Center Results as of : Oct-18-2023 08:34:35 AM SCRA 5.18 itn b mea Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9232 Birth Date: Last Name: QUEZADA First Name: JOEL Middle Name: Status As Of: Oct-15-2023 Certificate ID: KX44Q563M5ZLF49 ‘On Active Duly On Active Duly Status Date Active Duty Start Date ‘ete Duy End Date Status ‘Servic Component. NA NA Fa Peer ask NA Ts epee ndh ‘active duly,staius base ‘Duty Status Date Be " f es, rhidg ae. ih Tot Ace Duty Win 807 Daye of Acve Out Status Dato Active Duty Start Date Active Duty End Date Status ‘Service Component NA o oF No a NA ‘This response reflects ta a left active dity. Siw i t S87 days preceditg the Adie ly Status Date eive # 3if de “The onto or Hier Unit Was NoUiod ofa Fut cally to Actvo Buy on Act uly Stat Dal Order Notification Start Date (Order Notication End Date Status ‘Service Gampanant NA = NA Ti espns rfc whaler alter utes rac Feu tego w report tor sive oy — o a Upon searching the data banks of the Department of Defense Manpower Data’ Centér, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report far Active Duty. Oa rusespgacteh Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04625 Alexandria, VA 22350 ‘The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civit Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formarly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940), DMOC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. in the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https:/scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duly for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 0 USC App. § 3921(¢). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status” Active duty status as reported in this certificate 1s defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods tess than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secratary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobil tion position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reseive (ARs) and Coast Guard Resetve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duly commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate, SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods, Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(4)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. ‘Those whe cauld rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed fo Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. AFFIDAVIT OF DEBT RE: MOTION FOR DEFAULT aaa] FOR FAILURE TO APPEAR, STATE OF CONNECTICUT JUDGMENT AND ORDER FOR WEEKLY PAYMENTS SUPERIOR COURT 00 A JD-CV-52 Rev. 5-99 INSTRUCTIONS P.B, §17-25 1. Complete this affidavit and send original with your completed Motion for Default to Appear, Judgment and Order for Weekly Payments (JO-CV-49) and Notice of Judgment and Order of Payments (JD-CV-50) to the Clerk's Office. 2. Attach a copy of the contract, lease or other document, if applicable, to the completed affidavit 3. If interestis being claimed, the period covered and the rate claimed must be stated. 4. If claiming attorney's fees, a copy of the agreement must be attached. 5. Send one copy of the completed Affidavitand Motion to each defendant RETURN DATE 03/28/2023 TO: The Superior Court tu CV-23 6032985-S ‘COURT JUDICIAL [7 HOUSING 7 GA ADDRESS OF COURT (No., street, town, and zip code) X) DISTRICT | SESSION NO. - 50 Field Street Torrington CT 06790 NAME OF CASE (Plaintiff v. Defendant) Pagava Funding Trust Il vs. Joel Quezada NAME(S) OF (ALL) DEFENDANT(S) AGAINST WHOM MOTION IS FILED Joel Quez oe a — — aes i WIT EB - The undersigned deposes and says that (s)he is the LJ Plaintiff or x] (title) Director of Servicing of the Plaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows: xxX Continuation of this apy of debtsno and made a part hereof. SIGNED (Affiant) ZY, PRINT NAME OF AFFIANT Michael Young DATE SIGNED Subscribed and sworn to before me; /- f 4 NATALIE VIOVET VARICHAI ZA, Notary Public, State of Arizona ove ie) ime Maricopa County Commission # 614194 s My Commission Expire Eee] RST Rey August 29, 2025 Affidavit BEFORE ME, the undersigned authority, personally appeared Affiant, Michael Young, who being first duly sworn, deposes and states: 1 Iam employed by Upgrade, Inc. (“Upgrade”), the Servicer for Plaintiff pertaining to the loan forming the subject matter of this action. Upgrade is a Delaware corporation and operates a technology-powered online marketplace which enables consumers to apply for and obtain loans that are originated and funded by state-chartered FDIC-insured banks through the Upgrade platform, lam over the age of 18 and competent to testify to the matters stated herein. As an employee of Upgrade, I am duly authorized by Plaintiff to make the representation contained in this Affidavit. Thave access and training on the systems of record utilized by Upgrade to enter and maintain loan account records and documentation concerning Defendant’s loan with Plaintiff. Tam familiar with the process by which Upgrade generates account records and receives prior account records, including origination records from the time the loan was requested through disbursement to Defendant, and also including servicing and transaction records during the life of the subject Ioan. Tam further competent and authorized to testify regarding this loan through personal knowledge of the business records maintained by Upgrade as Servicer and custodian of records, including electronic data provided to Upgrade related to Defendant's loan and the business records attached to this Affidavit. Upgrade has been contracted to perform the duties of the Servicer for Plaintiff by Blue Ridge Bank, a nationally chartered, FDIC insured commercial bank (“Lender”) and/or Plaintiff, Upgrade, as the Servicer of the Plaintiff, is the designated custodian of records for Defendant’s loan. Additionally, Upgrade maintains the dedicated system of record for electronic transactions pertaining to Defendant’s loan, including, but not necessarily limited to, payments, credits, interest accrual and any other transactions that could impact Defendant’s loan. Attached hereto as Exhibit “A” is a true and correct copy of the confirmation of Upgrade’s capacity as Servicer. Defendant agreed to Upgrade being the servicer of the Loan and further agreed to comply with Upgrade’s Terms of Use. Attached hereto as Exhibit “B” is a true and correct copy of Upgrade’s Terms of Use. Documents related to the loan obtained through the Upgrade platform are generated, signed, and stored electronically. Every borrower electronically signs a “Terms of Use," and an “ESIGN Act Consent,” thereby agreeing and consenting to transact business with Upgrade online and electronically, including electronically receiving all documents, communications, notices, contracts, and agreements, from Upgrade or the Lender, arising from or relating to the Upgrade platform, including any loans that the borrower requests or receives, any loans that a borrower requests to be funded, and the servicing of a loan, once funded. This lawsuit concerns an unpaid loan owed by Defendant, JOEL QUEZADA, to Plaintiff. Specifically, Defendant entered into a loan agreement at Defendant’s special instance and request. A loan was extended for Defendant to use pursuant to the terms of the loan agreements. Defendant has failed, refused, and/or neglected to pay the balance pursuant to the agreed terms. 10. Loan records are created, compiled and recorded as part of regularly conducted business activity at or near the time of the event and from information transmitted from a person with personal knowledge of said event and a business duty to report it, or from information transmitted bya person with personal knowledge of the account or events described within the business record. Such records are created, kept, maintained, and relied upon in the course of regularly conducted business activity. 11 I have reviewed the loan records described in this affidavit regarding the loan account number ending in ****5847. No payment has been made since February 20, 2022. After all payments, credits and offsets have been applied, Defendant JOEL QUEZADA owes the principal sum of $6,232.52 as of the date of this affidavit. Attached hereto and incorporated as Exhibit “C” is a true and correct copy of the underlying Borrower Agreement. Attached hereto and incorporated as Exhibit “D” is a true and correct copy of the Loan Agreement and Promissory Note. Attached hereto and incorporated as Exhibit “E” is a true and correct copy of the Truth in Lending Act Disclosure. 12. The Borrower Agreement and the Promissory Note provide that Lender has the right, without prior written consent, to assign the rights, benefits or obligations to a third party or affiliate and the rights under the Borrower Agreement and the Promissory Note shall inure to the benefit of the successors and assigns. 13 Under the terms of the Promissory Note, the Defendant agreed to pay the principal loan amount, together with interests, fees and charges as described in the Promissory Note to the order of Lender or any subsequent holder of the Promissory Note. 14. In the process of submitting the completed loan application through the Upgrade platform, the Defendant agreed to the Terms of Use, in which the Defendant was informed, and did consent to conduct business electronically. The Defendant’s ability to consent to the Terms of Use electronically is authorized by the Defendant by the loan document titled "Disclosure and Consent To Electronic Receipt of Loan Disclosure and Electronic Contracting" (hereinafter "ESIGN Act Consent"), attached hereto as Exhibit “F.” 15 Defendant opened a loan with Lender and funds were disbursed on October 20, 2021. Defendant’s loan was then transferred, sold and assigned to Upgrade, who subsequently transferred, sold and assigned the Defendant’s loan to Plaintiff, PAGAYA FUNDING TRUST II on October 20, 2021 for valuable consideration. Defendant’s loan was in good standing and not in default on October 20, 2021. 16. Attached hereto and incorporated as Exhibit “G” is a true and correct copy of the Payment History for the subject loan. 17. Based on custodial records, Defendant is not a minor or incompetent. A reasonable inquiry has been made to determine if Defendant is in the military service of the United States of America, and, to the best of my knowledge, Defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. §§ 3901-4043. 18 I declare under the penalty of perjury under the laws of the forum state that the foregoing is true and correct. FURTHER AFFIA T SAYETH NAUGHT. Sr. Director of Servicing AFFIANT. — AFFIANT TITLE Dated this 12-day ot M973 STATE OF ARIZONA COUNTY OF MARICOPA Si . ‘cribed and sworn to (or affirmed) before me by this 20 day of 023. Me Notary Public oe KS ae zs) ) NATALIE VIOLET VARICHAK Notary Public, State of Arizona Maricopa County Commission # 614194 My Commission Expires August 29, 2025 My commission expires: o39ba lyegs- 22088458 EXHIBIT A Upgrade, Inc RE PAGAYA FUNDING TRUST II To Whom It May Concern: Upgrade Inc. (“Upgrade”) confirms that all loan accounts owned by the subject trusts and serviced by Upgrade were originated by BLUE RIDGE BANK, A NATIONALLY CHARTERED, FDIC INSURED COMMERCIAL BANK and purchased by Upgrade pursuant to the Loan Sale Agreement (as amended and restated) between BLUE RIDGE BANK, A NATIONALLY CHARTERED, FDIC INSURED COMMERCIAL BANK and Upgrade. The respective trusts then purchased the loans from Upgrade pursuant to the Loan Sale and Purchase Agreements (“Sale Agreement(s)”) between Upgrade and the respective trusts. Finally, the respective trusts retained Upgrade as servicer pursuant to respective Loan Servicing Agreements for the loans acquired under the Sale Agreements. Upgrade, as Servicer for the above referenced Trust(s), confirms that it is the dedicated record custodian with respect to all loan accounts owned by the Trust(s) and is fully authorized, among other things, to execute affidavits regarding account documents, verify responses to discovery and provide testimony on behalf of the Trust(s). Any questions regarding the above referenced processes should be directed to Upgrade at (844) 899- 9931. Sincerely, U grade, Inc Ag Sefvice By (chael Title: Sr. rectof of Servicing Terms of Use June 28, 2021 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BY ACCESSING AND USING THIS WEBSITE OR MOBILE APPLICATION YOU AGREE TO BE BOUND 8Y THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE, ANY CHANGES WILL BE POSTED TO THIS WEBSITE OR MOBILE APPLICATION FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE EXIT THIS WEBSITE OR MOBILE APPLICATION IMMEDIATELY, THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT WHICH AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED BELOW. You are currently using a website or mobile application (each, a "Site") owned and operated by Upgrade, Inc., 2 Delaware corporation (DBAs include Universal Credit and the names at www.upgrade.com/landing/dba) (“Upgrade”). This Site and any of the services provided by Upgrade in connection wit this Site (“Services”) are proviced expressly subject to the terms and conditions stated herein (Terms of Use”). By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use, If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Upgrade or related to the Upgrade Services, the provision of the other agreement shall govern with respect that specific aspect of the Site or Services. Changes and Modifications Upgrade reserves the right in its sole discretion to temporarily or permanently change, or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modifled Terms of Use. Notwithstanding the foregoing, we will not amend the Arbitration Provisien set forth below in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision, General Eligibility This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, Including unauthorized access of Upgrade‘s systems and misuse of Passwords or Site information is strict! Hibite. IF you vio inof,theseTe ang er agreen{t iW’between you and Upgrade, th bresti pend mit 0 al of the Site and ‘i d lor Services with Privacy ice, imh et : es ic a Your privacy is mpo! us.Pl arefullul fi mae s Privacy Policy,wi fetails how Upgrade treats your person: in, Nt Service Rights and Restrictions All material and content on this Site including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are the proprietary property of Upgrade with all rights reserved. Site Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without Upgrade’s express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of Upgrade. You may only use access the Site and use the Services for their intended purpose, and any use of the Site or Services that is not expressly authorized herein is strictly prohibited. Credit Health Upgrade offers free credit monitoring and ancillary products and services such as credit score reporting, credit bureau alerts, and credit score simulation ("Credit Health”) Customers with issued loans or other financial products obtained through Upgrade may enroll into Credit Heath after loan or product approval. Others can also sign up for Credit Health without @ loan or other financial product obtained through Upgrade. Credit Health works by accessing Information in your credit profile via soft inquiries at TransUnion, a credit reporting agency. By requesting and accessing Credit Health, you agree to be bound by the terms and conditions contained herein. The term of your Credit Health shall begin when you first access the service and shall continue until terminated. Upgrade may terminate your Credit Health at any time without notice to you. If you wish to discontinue your use of Credit Health, please email support@upgrade.com to disable the service. You agree that all information and date obtained by Upgrade in connection with your use of Credit Health is owned solely by Upgrade and Upgrade is, not restricted in any way in its use of the Information and data, subject to the terms of Upgrade's Privacy Policy and applicable law and regulation, You agree that Upgrade may use any information obtained to determine whether to offer you products and services that may be obtained through Upgrade. Trademarks Nothing on this Site should be construed as granting the User any license or right to use any trademark, whether ‘owned by Upgrade or a third party, displayed on the Site, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any trademark contained on the Site without the prior express written consent of the trademark’s owner. Consent to Conduct Business Electronically Because Upgrade operates its platform online and conducts its business solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Upgrade. You agree that Upgrade, its agents and representatives, may provide all ‘Communications to yau electronically via email or through our Site. You may still request a paper copy of any Communication by following the procedure outlined below, In order to receive electronic Communications, you must have the following: (1) access to the Internet; (2) an active email account; (3) software capable of receiving email through the Internet; (4) supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and (5) hardware capable of running this software. To ensure access and optimal printing of your documents in PDF format, you must have Adabe Reader. To install the free version of Adobe Reader, click here, Adgitional Mobile Technology Requirements, If you access our Site and Communications electronicatiy via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to papercopyrequest@upgrade.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number, Withdrawing Consent, You may withdraw your consent to receive future Communications electronically by changing your settings on the Upgrade borrower portal, or by sending an email to support@upgrade.com with the subject line "Withdraw Electronic Consent” and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request. ‘Telephone Communications, By accepting these Terms of Use, you expressly consent ta be contacted by us, our agents, representatives, affillates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide to us, You agree we may contact you in any way including SMS text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automated texting system. Automated messages may be played when one the telephone is answ. hether by you ‘one else. khth at thatan, ip, agent or re; sentative calls, he or she may al age 01 mmactnes ei oe a ext. : i > essa: a (in You cansent to ¢ 2 SMS messag artificial voice uf tautodialed) from, the specific nur beie ) you hays pro sCluding te» r agents, fo us, oF nifea ent {sy}i Ge or anys th asonably assog) in Heal 1g 19 onprerecorded and our behalfat with your account {through skip trai gaptui c e ne ). withifhformation or questio ut your request, application, Joan and a Se You cei te and ret ibent that the telephone: bers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive cals at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. For more information on SMS text messages, please see the Account Alerts Terms and Conditions page at www.upgrade.com/sms, MARKETING CALLS AND TEXTS: We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent, If you have provided consent to receive marketing calls, you agree that Upgrade’s employees, agents, and representatives may use autodialed or pre-recorded phone calls and SMS text messages to contact your mobile phone at the number you provide for the purpose of describing goods and services that may be of interest to you, whether offered by Upgrade, affiliates, or third parties. If provided, your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke It. Your consent to receive telephone communications is not a condition of obtaining any product or service and may be revoked at any time by email at support@upgrade.com, by writing to us at Upgrade, Inc. c/o compliance department, 275 Battery Street, Sulte 2300, San Francisco, CA 94113, or by calling us at 1-855-997-3200. Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan. Changes in Contact Information, Please keep us informed of any changes In you contact information so that you can continue to receive timely electronic Communications from us. You may update your contact information by emailing support@upgrade.com, by writing to us at Upgrade, Inc, c/o compliance department, 275 Battery Street, Suite 2300, San Francisco, CA 94111 or by calling us at 1-855-997-3100, Copyright Complaints if you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at support@upgrade.com, or via regular mail at 275 Battery Street, Suite 2309, San Francisco, CA 94111, In your notification, please: * Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed: . Identify the copyrighted work or works that you claim have been infringed: . \dentify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material); . Provide your contact details, including an email address; and . Provide a statement that the Information you have provided is accurate and that you have a good-faith belief . that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. Links to Third-Party Sites ‘We are not responsible for the information practices employed by sites linked to or from our Site. In mast cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and concitions of these sites priar to providing any personal information. Disclaimerof Warranties UPGRADE PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED. WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, UPGRADE MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR SITE CONTENT, Limitation of Liabilities I NO EVENT WILL UPGRADE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS 3E LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF UPGRADE |S AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, UPGRADE’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO UPGRADE, IF ANY, AND IN NO CASE SHALL UPGRADE’S LIABILITYTO YOU EXCEED $1,000.00. Indemnification You agree to indemnify, defend, and hold harmless Upgrade and Its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attomeys' fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, or any violation of these Terms of Use or ofany law or the rights of any third party. Arbitration 1, PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGRE EMENT AS DESC! RIBED BELOW, a. You and Upgrad ree either, ee if subse as Upg ory , may; your or Upgrade’s or sole election isequire that, eS sold ao 0 im be final and : os bbe Gla it as provided in exclusi sol binding arbltgat}on pursuant to t tion (the ” junless paragraph (f low. As used in Arbitration ior Hel include ai St, present, or future Gaim, disp contro) invelwl you (0] e fons Gl ing throu igh or conn setee d with you), on the one hand, and UI He yy assi a (or per: claiming through or MY jected with Upgrade and/or any assign of Upgrade), on the ol 1and, relating to or arising out of these Terms of Use and/or the activities or relationships that involve, lead to, or result fram these Terms of Use, including (except to the extent provided otherwise in the last sentence of paragraph (f] below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms of Use. Claims are subject to arbitration regardless of whether they arise from contract, tort (intentional or otherwise), a constitution, statute, ordinance, common law, or principles of equity, or otherwise, Claims include matters arising as initial claims, counter- claims, cross-claims, third-party claims, or otherwise. The scape of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable, ‘You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to Upgrade, Inc,, Attn: Legal Department, 275 Battery Street, Suite 2300, San Francisco, CA 941.11, only if received at the specified address within 30 days of the date you first access these Terms of Use. The opt-out notice must clearly sta