Preview
02009-2307-CC-001554 Fued: 7/21/2023 12:22 Au
Cl r}
' Allen Su erlor Court 9 Allen County. lndiaen:
s U Ivi' M 0 N s as
ALLEN COUNTY SUPERIOR COURT 1 ALLEN COUNTY, INDIANA
715 SOUTH CALHOUN STREET Room 201
'
FORT WAYNE, 1N 46802
ONEMAIN FINANCLAL GROUP. LLC As SERVICER
FOR WILMINGTON TRUST, NA, AS ISSUER LOAN
TRUSTEE FOR ONEMAm FINANCIAL ISSUANCE
TRUST 2022-31
Plaintiff
-vs- CAUSE NO.
AMIR CAKOR
Defendant
D
3,"is xi
TO DEFENDANT: AMIR CAKOR
13298 MAGNOLIA CREEK TRL
FORT WAYNE, IN 46814-0000
You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court
indicated above.
The nature of the suit against you is stated in the complaint which is attached to this summons. It
also states the relief sought or the demand made against you by the plaintiff.
An answer or other appropriate response in writing must be filed in Court either by you or your
attorney within twenty (20) days, commencing the day afier you receive the summons, (or twenty-three
(23) days if this summons was received by mail) or a Judgment by Default may be rendered against you
for the relief demanded by the plaintiff. Your written answer must comply with and be in the form
prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court.
If you have a claim for relief against the plaintiff arising fi'om the same transaction or occurrence,
you must assert it in your written answer. '
Dated:
7/21/2023
/)/WWW
CLERK, ALLEN COUNTY SUPERIOR COURT 1
(The following manner of service of summons is hereby designated.)
coUNf
Registered or certified mail
XXX Personal and/or Coov Service on individual at residence at: 13298 MAGNOLYA CREEK TRL
FORT WAYNE, IN 46814-0000
Service at place of employment.
SEAL
Personal Service Required At Above Address
Service on agent. (Specify) QVDIANE
Other service. (Specify)
BLEECKER. BRODEY & ANDREWS
9247 N. Meridian Street, Suite 101
Indianapolis, IN 46260
Phone: (888) 5740700
PM"
*0381421C0521*
SHERIFF'S RETURN ON SERVICE 0F SUMMONS
5
I hereby certify that I have served this summons on the day of ,
201 .'
(1) By delivering a copy of the Summons and a copy of the complaint to the Defendant,
(2) By leaving a copy of the Summons and a copy of the complaint at
, which is the dwelling place or usual place of abode of
: and by mailing a
copy of said Summons to said
defendant at the above address.
(3) Other Service or Remarks:
Sheriffs Costs Sheriff
By:
Deputy
CLERK'S CERTIFICATE OF MAILING
I hereby certify that on , I mailed a copy of this Summons and a copy of the
complaint to the defendant, by mail,
requesting a return receipt, at the address furnished by the plaintiff.
CLERK, ALLEN COUNTY SUPERIOR COURT 1
Dated: By:
Deputy
RETURN ON SERVICE OF SUMMONS BY MAIL
Ihereby certify that the attached return receipt was received by me showing that:
(1) The Summons and a copy of the complaint mailed to defendant
was accepted by the defendant on
(2) The attached return receipt was received by me showing that the Summons and a copy of the
complaint mailed to defendant was
accepted by on behalf of said defendant on
(3) The attached return receipt was received by me showing that the Summons and a copy of the
complaint was returned no accepted on .
CLERK, ALLEN COUNTY SUPERIOR COURT
02009-2307-0C-001554 Filed: 7121/2023 12:22 AM
' CI
Allen Su rlor Court 9 Allen County, Indian
. SU M0NS BB
' ALLEN COUNTY SUPERIOR COURT l ALLEN COUNTY, INDIANA
715 SOUTH CALHOUN STREET Room 201
FORT WAYNE, IN 46802
ONEMAIN FINANCIAL GROUP. LLC AS SERVICER
FOR WILMINGTON TRUST. N.A., AS ISSUER LOAN
TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE
TRUST 2022-81
Plaintiff
-vs- CAUSE NO.
AMIR CAKOR
Defendant
TO DEFENDANT: AMIR CAKOR
13298 MAGNOLIA CREEK TRL
FORT WAYNE, IN 46814-0000
You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court
indicated above.
The nature of the suit against you is stated in the complaint which is attached to this summons. It
also states the relief sought or the demand made against you by the plaintiff.
An answer or other appropriate response in writing must be filed in Court either by you or your
attorney within twenty (20) days, commencing the day after you receive the summons, (or twenty-three
(23) days if this summons was received by mail) or a Judgment by Default may be rendered against you
for the relief demanded by the plaintiff. Your written answer must comply with and be in the forrn
prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court.
If you have a claim for relief against the plaintifi' arising from the same transaction or occurrence,
you must assert it in your written answer. '
Dated:
7/21 /2023
M- fl/Man/1438
CLERK, ALLEN COUNTY SUPERIOR COURT l
(The following manner of service of summons is hereby designated.)
(3"
coUNf
___Registered or certified mail
XXX Personal and/or Conv Service on individual at residence at: 13298 MAGNOLVA CREEK TRL
FORT WAYNE, IN 46814-0000
Service at place of employment.
SEAL
Personal Service Required At Above Address
Service on agent. (Specify)
{NDJANB
Other service. (Specify)
BLEECKER. BRODEY & ANDREWS
9247 N. Meridian Street, Suite 101
Indianapolis. IN 46260
Phone: (888) 574-0700
*0381421C0521-i
02009-2307-CC-001554 Filed: 7/21/2023 12:22 AM
' Clerk
Allen Court 9 Allen County, lndlana
. MONS
S U shuforior BB
ALLEN COUNTY SUPERIOR COURT l ALLEN COUNTY, INDIANA
715 SOUTH CALHOUN STREET Room 201
FORT WAYNE, IN 46802
ONEMAIN FINANCIAL GROUP, LLC AS SERVICER
FOR WILMINGTON TRUST, N.A., AS ISSUER LOAN
TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE
TRUST 2022-81
Plaintiff
-vs- CAUSE NO.
AMIR CAKOR
Defendant
TO DEFENDANT: AMIR CAKOR
13298 MAGNOLIA CREEK TRL
FORT WAYNE, IN 46814-0000
You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court
indicated above.
The nature of the suit against you is stated in the complaint which is attached to this summons. It
also states the relief sought or the demand made against you by the plaintiff.
An answer or other appropriate response in writing must be filed in Court either by you or your
attorney within twenty (20) days, commencing the day after you receive the summons, (or twenty-three
(23) days if this summons was received by mail) or a Judgment by Default may be rendered against you
for the relief demanded by the plaintifi'. Your written answer must comply with and be in the form
prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court.
If you have a claim for relief against the plaintifi' arising from the same transaction or occurrence,
you must assert it in your written answer.
'
Dated:
7/21/2023
M- fl/wean/"BB
CLERK, ALLEN COUNTY SUPERIOR COURT l
(The following manner of service of summons is hereby designated.)
kficOUNf
Registered or certified mail
XXX Personal and/or Copy Service on individual at residence at: 13298 MAGNOLVA CREEK TRL
FORT WAYNE, IN 46814-0000
Service at place of employment.
SEAL
Personal Service Required At Above Address
Service on agent. (Specify)
QVDIANB
Other service. (Specify)
BLEECKER. BRODEY & ANDREWS
l0l
9247 N. Meridian Street, Suite
Indianapolis. IN 46260
Phone: (888)574-0700
*Q38'I421C0521-'k
SHERIFF'S RETURN ON SERVICE OF SUMMONS
I hen-65y certify that I have served this summons on the day of ,
201 .
(l) By delivering a copy of the Summons and a copy of the complaint to the Defendant,
(2) By leaving a copy of the Summons and a copy of the complaint at
, which is the dwelling place or usual place of abode of
: and
by mailing a copy of said Summons to said
defendant at the above address.
(3) Other Service or Remarks:
Sheriff's Costs Sheriff
By:
Deputy
CLERK'S CERTIFICATE OF MAILING
I hereby certify that on , I mailed a copy of this Summons and a copy of the
complaint to the defendant, by mail,
requesting a return receipt, at the address furnished by the plaintiff.
CLERK, ALLEN COUNTY SUPERIOR COURT l
Dated: By:
Deputy
RETURN ON SERVICE OF SUMMONS BY MAIL
Ihereby certify that the attached return receipt was received by me showing that:
(l) The Summons and a copy of the complaint mailed to defendant
was accepted by the defendant on .
(2) The attached return receipt was received by me showing that the Summons and a copy of the
complaint mailed to defendant was
accepted by on behalf of said defendant on
(3) The attached return receipt was received by me showing that the Summons and a copy of the
complaint was returned no accepted on
CLERK, ALLEN COUNTY SUPERIOR COURT
02009-2307-CC-001554 Flled: 7/21/2023 12:22 AM
' Allen Superior Court 9
Clerk
Allen County, Indiana
'
BB
STATE OF INDIANA ) [N THE ALLEN COUNTY SUPERIOR COURT l
) SS:
COUNTY OF ALLEN ) CAUSE NO.
ONEMAIN FINANCIAL GROUP, LLC AS
SERVICER FOR WILMINGTON TRUST, N.A., AS
ISSUER LOAN TRUSTEE FOR ONEMAIN
FINANCIAL ISSUANCE TRUST 2022-81
Plaintiff
V
AMIR CAKOR
Defendant
COMPLAINT ON NOTE
Comes now the Plaintift', by counsel, and of the Defendant, Amir Cakor, alleges and says:
l. That at all times herein, Plaintiff was a corporation duly authorized to conduct business in
the State of Indiana.
2. That on or about March 31, 2021, Defendant executed a Note to Onemain Financial
Group,
LLC, whereby Defendant financed a certain sum of money plus interest and other costs pursuant to the
Note. See Exhibit A. That Plaintiff is now the servicer of the Note. See Exhibit B.
3. The Defendant has defaulted upon the scheduled payments due resulting in the Plaintiff
declaring a default. Plaintiff claims the following amounts due and owing: principal balance of
$7,506.41, interest in the sum of $1,146.05 (interest is no longer accruing), and reasonable
attomey's fees.
WHEREFORE, Plaintiff demands judgment against the Defendant, Amir Cakor, in the sum of
$7,506.41, interest in the sum of $1,146.05, reasonable attomey's fees and costs of this action, without
relief from valuation and appraisement statutes.
/1«/ Odd/14% K 7W», 3Q8?0?'?
Attflneyfior Plaintiff
BLEECKEK BRODEY & ANDREWS
9247 N. Meridian Street. Suite 101
Indianapolis. IN 46260
Phone: (888) 574-0700
THIS IS AN ATTENIPT TO COLLECT A DEBT, THE COMNIUNICATION IS FROM A DEBT COLLECTOR AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
*Q381421C0241*
LOAN AGREEMENT AND DISCLOSURE STATEMENT EXH B T A OHEMOIH Financial. I I
DATE owns/21 I ACCOUNT NUMBER
TYPE OF LOAN (Alpha) I DATEHNANCECHARGE BEGINS Tomcnus 03/31/21 -
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We")
0mm" FINANCIAL GROUP, up
10.353 ILLINOIS 1m ma axon
FORT mm, IN 463149705 260-483-0021 13299 MAGNOLIA mm m
m WAYNE, IN 46814
l have
carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Products
Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form Optional 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: 8. Loan Terms And Conditions; C. Arbitration Agreement And Waiver 0f
Jury TriaI and D. Entire
Agreement/Notioes/Signature. Ifl had any questions, asked them before signed these documents. By signing, indicate my agreement
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I
I
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 flieamountofcredltprowdedtome Theamountlvllllhavepaidaflei'lhave
Tl-iecosiofmycreditasayeanyrate oostme or on my behalf madeallpayrnemsassc
24 99% S 6245 06 S 8200 00 S 14445 06
My Paylnem Schedule Will be Number of Paymerits Amount of Payments Wheri Payments Are Due
5 246 12 05/01/21
59 S 240 66 monthly begi ing 06/01/21
LATE CHARGE [I If any payment is not paid in full Within daysafleritsduedate lwfllbeoharged '16 of the amountolihepayment
butnotmoretlians orlaethans
El 10 daysafleritsduedale
lfanypaymentisnolpaldinfullwflhin__ 25- 00 iltheentlre
lwillbeoharged$__ ledpayrnentxoeeds
$0 01' SN/A iftheentlrescheduledpaymemis$_
0 orless.
PREPAYMENT "lmwofleuw [j inay [j Imnmx havetopayapena f are spnna
Dlmav [XI lwlllnot getarefun r credit of part of the finance rgef prepa in I will
nxzwear orcredit fora Iprepa
SECURITY [an gMng Lendera security bier D
Other
Unsecur [EM Y r V icleldeni
AUDI
See
pr
remainder
refunds a
this
ideally
orariy maria! Information m... M detail anyreau m m meme and
fielded
\ ITEMIZATION OF A OUNflFINANCED \ \
Am unts paid to others on my bah If \/
1 NONE Paid o
2 NONE Paid
3 ONE Paid
4 S E Paid To
SNO Paid To
$NONE Paid To
7 NE Paid To
8 snow Paid To
9 SNONE Paid To
10 SNONE Paid To
11 Paid To
12 Paid To
13 Paid To
14 Paid To
15 Paid To
16 .
Paid To
17 Paid To
18 Paid To
19 Paid To
20 Paid To
21 $NONE Amount Paid on Prior Account wrth Lender
Amounts Paid to me
S 8200 00 Paid To AMIR CAKOR
23 Paid To
24 Paid To
25 Paid To
26 Paid To
27 Paid To
8200 00 Amount Financed (Sum of lines 1 27)
200 00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
S 200 00 Loan orlglnatlon Fee Pald TO LENDER
S NONE Paid To
SNONE Paid To
SNONE Paid To
SNONE Paid To
6 SNONE Paid To
7 $NONE Paid To
$NONE Paid To
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
BysigingbdowJacmMedgemodnolaoopyolmlsFedemlDiscbwmStatm.
731:5?"
Borrower (to-Borrower
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
"I"
UXAAA1 (11414-13) new p.901
'
B. LOAN TERMS AND CONDITIONS
DATE OF LOAN. g3é31¢2 1 (the date the Finance Charge is scheduled to begin to accrue).
CONTRACT RATE. 7 4 . 3 0%
per year, which is the agreed interest rate.
PROMISE To PAY. For value received, promise to pay to the order of the Lender all amounts due under this Agreement in accordance
I
with the Payment §chedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this
Agreement, at Lenders
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 Agreeth and my performance of all other terms of
this Agreement, l 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 lN 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"; also hereby grant Lender a security interest in any unearned premiums
l
from any credit insurance have elected and purchased through Lender in connection with this transaction and
any Required Insurance
I
which protects the Collateral. Lenders security interest shall remain in effect, and subject to any modifications, renewals,
extensions, and
future advances thereof, until have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this
I
Agreement. Lender is not granted. and will not have, a nonpurchase money security interest in household goods. to the extent such a
security interest would be prohibited by applicable law. authorize Lender to sign and file financing statements covering the Collateral
I
without my signature. authorize Lender to file a copy of this Agreement as a financing statement when appropriate Unless prohibited by
I
law agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the
security interest upon
I
my payment in full.
JOINT BORROWERS. It 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 an sue any or all Borrowers upon the
default by any Borrower.
CO-MAKERS (also referred to as CO-SIGNER(S)). If am signing this Agreement as a CoMaker, l unde I
d that am equ Y I
responsible with the Borrower(s).
' '
agree that Lender may pursue me or any CoMaker if this Agreeme.
I o. U qu Y
law, Lender will not notify me if. (a) this loan is in default; (b) Lender agrees to accet -- - ym Y
security interest; or (d) Lender releases any Borrower(s) or CoMaker(s).
AUTHORIZATION TO USE CREDIT REPORT. B si ning this Agree thorize Lender
d to\obta
contained in my credit report in order to mine whe may qu ify for prodttcts and L d
d. services marketed by/Lendeyf
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This
th Y b d th Agr
.
th I
Y
.
p
bywrit
Y ddres
O M
b
x 7Wflotte, NN0\28272-0911, lh order to pr request, LLender must be'provided
p
.
LUNTARY CREDIT INSURANCE. As used in this Agr
' thatermtcredit instfince' includgs'
d credit life insurantfi, credit ddisability
nsuran , cred' volunta une
ploym t Insurance, and edit pr perty insurance An affili the Lenderd mayy Itrovide
d the credit
insur ce that l volu select. edg that Lender ahd/ affilia y purchase of voluntary qedit
RE am requir- to maintain insura ce in
|
tib b L . .
("R uired Insurance"). The Req ired In C tkpes,
eral i sured gainst hazards for which Lender req ires in urance.
Suc coverage includes, but is no limited o, loss by theft, v ndalis collis n, fire, and any other risks of loss that wou impair,
-
r
d
Lender's interest in the Collateral dr advershly
d affect the ave the option of providing the Required Insurance
-
through an existing owned'oLcontrolLed'by m through .
polic obtained and paid for by me. l may purchase this
Requ proljcyg'gfiqsuran
y h s acceptable to Lender. Lender may not decline to -
ept d by me un cause. Examples of reasonable cause include, but are not limited to, the
the ins rer and the am average chosen. My choice of insurer will not othemise affect Lender's credit
d y credit t The types, amounts, and deductible levels that Lender requires under this Agreement may change during the
.
th Agree equired Insurance must: (a) include a lender's loss payable provision; (b) name Lender, its successors and/or
assigns, ee; (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. shall promptly give to Lender I
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 owe Lender under this Agreement or the security instrument are paid l
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 fail to promptly notify or make proof of loss to the insurance carrier, I
Lender may (but is not required to) do so on my behalf.
Ifl do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lenders sole discretion,
and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. understand and
agree that: |
ABCDE.
Lender is under no obligation to obtain any particular type or amount of coverage.
. Lenderobtained insurance may, but need not, protect my interests.
Lender-obtained insurance may, but need not. pay any claim make.
. I
the cost of Lender-obtained insurance may be much more than the cost of insurance could have obtained on my own. I
. 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 . am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of
Required
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Insurance.
. Lender-obtained insurance may be purchased from an affiliate of Lender.
.'-IG)
.
Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law.
Lender may, at any time and at its sole option, cancel Lender-obtained insurance.
Lender has a security interest in any unearned premiums from such insurance;
1. am hereby absolutely assigning to Lender any rights may have to unearned Lender-obtained insurance premiums; and
I I
2. am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained
I
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, hereby absolutely assign to I
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. agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium
I
refunds, to reduce the amounts that owe under this Agreement or the security instrument, whether or not they are due. authorize Lender to
l
l
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 owe Lender under this Agreement or the security l
instrument, remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument.
I
CORRECTION; RELEASE. During the term of this Agreement, agree to cooperate with Lender to: (a) correct any clerical errors that were
I
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
Ill. UX A881 (12-06-20) c5. Agreement Pm 2
Initials NZA NzA
(Initials required for physical form)
CANCELLAT!ON. Prior to the dis'ribution 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 creditwonhiness; (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. fail to make any payment. including. but not limited to the Total Amount Due, under this Agreement within 30 days of the payment
I
due date.
B. Itail to do anything else have agreed to do in this Agreement.
I
C. Any statement or representation l 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. l 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. l
sell lease or otherwise encumber or dispose of the Collateral without Lender's written permission
GENERAL REMEDIES. oft
'
If am in default
I
provisions all of the remedies permitted
restri ions 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.
l
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.
l
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.
DE
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02009-2307-CC-001554 Fued: 7/21/2023 12:22 Au Cl r} ' Allen Su erlor Court 9 Allen County. lndiaen: s U Ivi' M 0 N s as ALLEN COUNTY SUPERIOR COURT 1 ALLEN COUNTY, INDIANA 715 SOUTH CALHOUN STREET Room 201 ' FORT WAYNE, 1N 46802 ONEMAIN FINANCLAL GROUP. LLC As SERVICER FOR WILMINGTON TRUST, NA, AS ISSUER LOAN TRUSTEE FOR ONEMAm FINANCIAL ISSUANCE TRUST 2022-31 Plaintiff -vs- CAUSE NO. AMIR CAKOR Defendant D 3,"is xi TO DEFENDANT: AMIR CAKOR 13298 MAGNOLIA CREEK TRL FORT WAYNE, IN 46814-0000 You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court indicated above. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the relief sought or the demand made against you by the plaintiff. An answer or other appropriate response in writing must be filed in Court either by you or your attorney within twenty (20) days, commencing the day afier you receive the summons, (or twenty-three (23) days if this summons was received by mail) or a Judgment by Default may be rendered against you for the relief demanded by the plaintiff. Your written answer must comply with and be in the form prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court. If you have a claim for relief against the plaintiff arising fi'om the same transaction or occurrence, you must assert it in your written answer. ' Dated: 7/21/2023 /)/WWW CLERK, ALLEN COUNTY SUPERIOR COURT 1 (The following manner of service of summons is hereby designated.) coUNf Registered or certified mail XXX Personal and/or Coov Service on individual at residence at: 13298 MAGNOLYA CREEK TRL FORT WAYNE, IN 46814-0000 Service at place of employment. SEAL Personal Service Required At Above Address Service on agent. (Specify) QVDIANE Other service. (Specify) BLEECKER. BRODEY & ANDREWS 9247 N. Meridian Street, Suite 101 Indianapolis, IN 46260 Phone: (888) 5740700 PM" *0381421C0521* SHERIFF'S RETURN ON SERVICE 0F SUMMONS 5 I hereby certify that I have served this summons on the day of , 201 .' (1) By delivering a copy of the Summons and a copy of the complaint to the Defendant, (2) By leaving a copy of the Summons and a copy of the complaint at , which is the dwelling place or usual place of abode of : and by mailing a copy of said Summons to said defendant at the above address. (3) Other Service or Remarks: Sheriffs Costs Sheriff By: Deputy CLERK'S CERTIFICATE OF MAILING I hereby certify that on , I mailed a copy of this Summons and a copy of the complaint to the defendant, by mail, requesting a return receipt, at the address furnished by the plaintiff. CLERK, ALLEN COUNTY SUPERIOR COURT 1 Dated: By: Deputy RETURN ON SERVICE OF SUMMONS BY MAIL Ihereby certify that the attached return receipt was received by me showing that: (1) The Summons and a copy of the complaint mailed to defendant was accepted by the defendant on (2) The attached return receipt was received by me showing that the Summons and a copy of the complaint mailed to defendant was accepted by on behalf of said defendant on (3) The attached return receipt was received by me showing that the Summons and a copy of the complaint was returned no accepted on . CLERK, ALLEN COUNTY SUPERIOR COURT 02009-2307-0C-001554 Filed: 7121/2023 12:22 AM ' CI Allen Su rlor Court 9 Allen County, Indian . SU M0NS BB ' ALLEN COUNTY SUPERIOR COURT l ALLEN COUNTY, INDIANA 715 SOUTH CALHOUN STREET Room 201 FORT WAYNE, IN 46802 ONEMAIN FINANCIAL GROUP. LLC AS SERVICER FOR WILMINGTON TRUST. N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-81 Plaintiff -vs- CAUSE NO. AMIR CAKOR Defendant TO DEFENDANT: AMIR CAKOR 13298 MAGNOLIA CREEK TRL FORT WAYNE, IN 46814-0000 You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court indicated above. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the relief sought or the demand made against you by the plaintiff. An answer or other appropriate response in writing must be filed in Court either by you or your attorney within twenty (20) days, commencing the day after you receive the summons, (or twenty-three (23) days if this summons was received by mail) or a Judgment by Default may be rendered against you for the relief demanded by the plaintiff. Your written answer must comply with and be in the forrn prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court. If you have a claim for relief against the plaintifi' arising from the same transaction or occurrence, you must assert it in your written answer. ' Dated: 7/21 /2023 M- fl/Man/1438 CLERK, ALLEN COUNTY SUPERIOR COURT l (The following manner of service of summons is hereby designated.) (3" coUNf ___Registered or certified mail XXX Personal and/or Conv Service on individual at residence at: 13298 MAGNOLVA CREEK TRL FORT WAYNE, IN 46814-0000 Service at place of employment. SEAL Personal Service Required At Above Address Service on agent. (Specify) {NDJANB Other service. (Specify) BLEECKER. BRODEY & ANDREWS 9247 N. Meridian Street, Suite 101 Indianapolis. IN 46260 Phone: (888) 574-0700 *0381421C0521-i 02009-2307-CC-001554 Filed: 7/21/2023 12:22 AM ' Clerk Allen Court 9 Allen County, lndlana . MONS S U shuforior BB ALLEN COUNTY SUPERIOR COURT l ALLEN COUNTY, INDIANA 715 SOUTH CALHOUN STREET Room 201 FORT WAYNE, IN 46802 ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-81 Plaintiff -vs- CAUSE NO. AMIR CAKOR Defendant TO DEFENDANT: AMIR CAKOR 13298 MAGNOLIA CREEK TRL FORT WAYNE, IN 46814-0000 You are hereby notified that you have been sued by the person(s) named as plaintiff in the Court indicated above. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the relief sought or the demand made against you by the plaintiff. An answer or other appropriate response in writing must be filed in Court either by you or your attorney within twenty (20) days, commencing the day after you receive the summons, (or twenty-three (23) days if this summons was received by mail) or a Judgment by Default may be rendered against you for the relief demanded by the plaintifi'. Your written answer must comply with and be in the form prescribed by the Indiana Trial Rules of Civil Procedure and the rules of the trial Court. If you have a claim for relief against the plaintifi' arising from the same transaction or occurrence, you must assert it in your written answer. ' Dated: 7/21/2023 M- fl/wean/"BB CLERK, ALLEN COUNTY SUPERIOR COURT l (The following manner of service of summons is hereby designated.) kficOUNf Registered or certified mail XXX Personal and/or Copy Service on individual at residence at: 13298 MAGNOLVA CREEK TRL FORT WAYNE, IN 46814-0000 Service at place of employment. SEAL Personal Service Required At Above Address Service on agent. (Specify) QVDIANB Other service. (Specify) BLEECKER. BRODEY & ANDREWS l0l 9247 N. Meridian Street, Suite Indianapolis. IN 46260 Phone: (888)574-0700 *Q38'I421C0521-'k SHERIFF'S RETURN ON SERVICE OF SUMMONS I hen-65y certify that I have served this summons on the day of , 201 . (l) By delivering a copy of the Summons and a copy of the complaint to the Defendant, (2) By leaving a copy of the Summons and a copy of the complaint at , which is the dwelling place or usual place of abode of : and by mailing a copy of said Summons to said defendant at the above address. (3) Other Service or Remarks: Sheriff's Costs Sheriff By: Deputy CLERK'S CERTIFICATE OF MAILING I hereby certify that on , I mailed a copy of this Summons and a copy of the complaint to the defendant, by mail, requesting a return receipt, at the address furnished by the plaintiff. CLERK, ALLEN COUNTY SUPERIOR COURT l Dated: By: Deputy RETURN ON SERVICE OF SUMMONS BY MAIL Ihereby certify that the attached return receipt was received by me showing that: (l) The Summons and a copy of the complaint mailed to defendant was accepted by the defendant on . (2) The attached return receipt was received by me showing that the Summons and a copy of the complaint mailed to defendant was accepted by on behalf of said defendant on (3) The attached return receipt was received by me showing that the Summons and a copy of the complaint was returned no accepted on CLERK, ALLEN COUNTY SUPERIOR COURT 02009-2307-CC-001554 Flled: 7/21/2023 12:22 AM ' Allen Superior Court 9 Clerk Allen County, Indiana ' BB STATE OF INDIANA ) [N THE ALLEN COUNTY SUPERIOR COURT l ) SS: COUNTY OF ALLEN ) CAUSE NO. ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-81 Plaintiff V AMIR CAKOR Defendant COMPLAINT ON NOTE Comes now the Plaintift', by counsel, and of the Defendant, Amir Cakor, alleges and says: l. That at all times herein, Plaintiff was a corporation duly authorized to conduct business in the State of Indiana. 2. That on or about March 31, 2021, Defendant executed a Note to Onemain Financial Group, LLC, whereby Defendant financed a certain sum of money plus interest and other costs pursuant to the Note. See Exhibit A. That Plaintiff is now the servicer of the Note. See Exhibit B. 3. The Defendant has defaulted upon the scheduled payments due resulting in the Plaintiff declaring a default. Plaintiff claims the following amounts due and owing: principal balance of $7,506.41, interest in the sum of $1,146.05 (interest is no longer accruing), and reasonable attomey's fees. WHEREFORE, Plaintiff demands judgment against the Defendant, Amir Cakor, in the sum of $7,506.41, interest in the sum of $1,146.05, reasonable attomey's fees and costs of this action, without relief from valuation and appraisement statutes. /1«/ Odd/14% K 7W», 3Q8?0?'? Attflneyfior Plaintiff BLEECKEK BRODEY & ANDREWS 9247 N. Meridian Street. Suite 101 Indianapolis. IN 46260 Phone: (888) 574-0700 THIS IS AN ATTENIPT TO COLLECT A DEBT, THE COMNIUNICATION IS FROM A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. *Q381421C0241* LOAN AGREEMENT AND DISCLOSURE STATEMENT EXH B T A OHEMOIH Financial. I I DATE owns/21 I ACCOUNT NUMBER TYPE OF LOAN (Alpha) I DATEHNANCECHARGE BEGINS Tomcnus 03/31/21 - LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We") 0mm" FINANCIAL GROUP, up 10.353 ILLINOIS 1m ma axon FORT mm, IN 463149705 260-483-0021 13299 MAGNOLIA mm m m WAYNE, IN 46814 l have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Products Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form Optional 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: 8. Loan Terms And Conditions; C. Arbitration Agreement And Waiver 0f Jury TriaI and D. Entire Agreement/Notioes/Signature. Ifl had any questions, asked them before signed these documents. By signing, indicate my agreement | I I 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 flieamountofcredltprowdedtome Theamountlvllllhavepaidaflei'lhave Tl-iecosiofmycreditasayeanyrate oostme or on my behalf madeallpayrnemsassc 24 99% S 6245 06 S 8200 00 S 14445 06 My Paylnem Schedule Will be Number of Paymerits Amount of Payments Wheri Payments Are Due 5 246 12 05/01/21 59 S 240 66 monthly begi ing 06/01/21 LATE CHARGE [I If any payment is not paid in full Within daysafleritsduedate lwfllbeoharged '16 of the amountolihepayment butnotmoretlians orlaethans El 10 daysafleritsduedale lfanypaymentisnolpaldinfullwflhin__ 25- 00 iltheentlre lwillbeoharged$__ ledpayrnentxoeeds $0 01' SN/A iftheentlrescheduledpaymemis$_ 0 orless. PREPAYMENT "lmwofleuw [j inay [j Imnmx havetopayapena f are spnna Dlmav [XI lwlllnot getarefun r credit of part of the finance rgef prepa in I will nxzwear orcredit fora Iprepa SECURITY [an gMng Lendera security bier D Other Unsecur [EM Y r V icleldeni AUDI See pr remainder refunds a this ideally orariy maria! Information m... M detail anyreau m m meme and fielded \ ITEMIZATION OF A OUNflFINANCED \ \ Am unts paid to others on my bah If \/ 1 NONE Paid o 2 NONE Paid 3 ONE Paid 4 S E Paid To SNO Paid To $NONE Paid To 7 NE Paid To 8 snow Paid To 9 SNONE Paid To 10 SNONE Paid To 11 Paid To 12 Paid To 13 Paid To 14 Paid To 15 Paid To 16 . Paid To 17 Paid To 18 Paid To 19 Paid To 20 Paid To 21 $NONE Amount Paid on Prior Account wrth Lender Amounts Paid to me S 8200 00 Paid To AMIR CAKOR 23 Paid To 24 Paid To 25 Paid To 26 Paid To 27 Paid To 8200 00 Amount Financed (Sum of lines 1 27) 200 00 Prepaid Finance Charges (itemized below) PREPAID FINANCE CHARGES S 200 00 Loan orlglnatlon Fee Pald TO LENDER S NONE Paid To SNONE Paid To SNONE Paid To SNONE Paid To 6 SNONE Paid To 7 $NONE Paid To $NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. BysigingbdowJacmMedgemodnolaoopyolmlsFedemlDiscbwmStatm. 731:5?" Borrower (to-Borrower SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION "I" UXAAA1 (11414-13) new p.901 ' B. LOAN TERMS AND CONDITIONS DATE OF LOAN. g3é31¢2 1 (the date the Finance Charge is scheduled to begin to accrue). CONTRACT RATE. 7 4 . 3 0% per year, which is the agreed interest rate. PROMISE To PAY. For value received, promise to pay to the order of the Lender all amounts due under this Agreement in accordance I with the Payment §chedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lenders 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 Agreeth and my performance of all other terms of this Agreement, l 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 lN 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"; also hereby grant Lender a security interest in any unearned premiums l from any credit insurance have elected and purchased through Lender in connection with this transaction and any Required Insurance I which protects the Collateral. Lenders security interest shall remain in effect, and subject to any modifications, renewals, extensions, and future advances thereof, until have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this I Agreement. Lender is not granted. and will not have, a nonpurchase money security interest in household goods. to the extent such a security interest would be prohibited by applicable law. authorize Lender to sign and file financing statements covering the Collateral I without my signature. authorize Lender to file a copy of this Agreement as a financing statement when appropriate Unless prohibited by I law agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon I my payment in full. JOINT BORROWERS. It 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 an sue any or all Borrowers upon the default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If am signing this Agreement as a CoMaker, l unde I d that am equ Y I responsible with the Borrower(s). ' ' agree that Lender may pursue me or any CoMaker if this Agreeme. I o. U qu Y law, Lender will not notify me if. (a) this loan is in default; (b) Lender agrees to accet -- - ym Y security interest; or (d) Lender releases any Borrower(s) or CoMaker(s). AUTHORIZATION TO USE CREDIT REPORT. B si ning this Agree thorize Lender d to\obta contained in my credit report in order to mine whe may qu ify for prodttcts and L d d. services marketed by/Lendeyf | This th Y b d th Agr . th I Y . p bywrit Y ddres O M b x 7Wflotte, NN0\28272-0911, lh order to pr request, LLender must be'provided p . LUNTARY CREDIT INSURANCE. As used in this Agr ' thatermtcredit instfince' includgs' d credit life insurantfi, credit ddisability nsuran , cred' volunta une ploym t Insurance, and edit pr perty insurance An affili the Lenderd mayy Itrovide d the credit insur ce that l volu select. edg that Lender ahd/ affilia y purchase of voluntary qedit RE am requir- to maintain insura ce in | tib b L . . ("R uired Insurance"). The Req ired In C tkpes, eral i sured gainst hazards for which Lender req ires in urance. Suc coverage includes, but is no limited o, loss by theft, v ndalis collis n, fire, and any other risks of loss that wou impair, - r d Lender's interest in the Collateral dr advershly d affect the ave the option of providing the Required Insurance - through an existing owned'oLcontrolLed'by m through . polic obtained and paid for by me. l may purchase this Requ proljcyg'gfiqsuran y h s acceptable to Lender. Lender may not decline to - ept d by me un cause. Examples of reasonable cause include, but are not limited to, the the ins rer and the am average chosen. My choice of insurer will not othemise affect Lender's credit d y credit t The types, amounts, and deductible levels that Lender requires under this Agreement may change during the . th Agree equired Insurance must: (a) include a lender's loss payable provision; (b) name Lender, its successors and/or assigns, ee; (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. shall promptly give to Lender I 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 owe Lender under this Agreement or the security instrument are paid l 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 fail to promptly notify or make proof of loss to the insurance carrier, I Lender may (but is not required to) do so on my behalf. Ifl do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lenders sole discretion, and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. understand and agree that: | ABCDE. Lender is under no obligation to obtain any particular type or amount of coverage. . Lenderobtained insurance may, but need not, protect my interests. Lender-obtained insurance may, but need not. pay any claim make. . I the cost of Lender-obtained insurance may be much more than the cost of insurance could have obtained on my own. I . 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 . am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required | Insurance. . Lender-obtained insurance may be purchased from an affiliate of Lender. .'-IG) . Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law. Lender may, at any time and at its sole option, cancel Lender-obtained insurance. Lender has a security interest in any unearned premiums from such insurance; 1. am hereby absolutely assigning to Lender any rights may have to unearned Lender-obtained insurance premiums; and I I 2. am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained I 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, hereby absolutely assign to I 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. agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium I refunds, to reduce the amounts that owe under this Agreement or the security instrument, whether or not they are due. authorize Lender to l l 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 owe Lender under this Agreement or the security l instrument, remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument. I CORRECTION; RELEASE. During the term of this Agreement, agree to cooperate with Lender to: (a) correct any clerical errors that were I 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 Ill. UX A881 (12-06-20) c5. Agreement Pm 2 Initials NZA NzA (Initials required for physical form) CANCELLAT!ON. Prior to the dis'ribution 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 creditwonhiness; (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. fail to make any payment. including. but not limited to the Total Amount Due, under this Agreement within 30 days of the payment I due date. B. Itail to do anything else have agreed to do in this Agreement. I C. Any statement or representation l 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. l 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. l sell lease or otherwise encumber or dispose of the Collateral without Lender's written permission GENERAL REMEDIES. oft ' If am in default I provisions all of the remedies permitted restri ions 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. l 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. l 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. DE