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CV23979624
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IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO
FIRST BANK OF OHIO uM oa Piva D
Plaintiff, 1B WV Iu A 3fase No. CV-23-979624
vs. CLERK OF COURTS
CUYAHOGA COUNTY
NASER ZAYED, ET AL. Judge Emily Hagan
Defendants.
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Now comes Plaintiff, First Bank of Ohio (“First Bank”), and hereby moves for Summary
Judgment pursuant to Civil Rule 56 on its Complaint against Defendant, Naser Zayed.' There are
no genuine issues of material fact that the indebtedness is due, that there was a default by
Defendant, and that First Bank is entitled to exercise its option to declare the balance
immediately due and payable. First Bank is, accordingly, entitled to judgment as a matter of law.
The reasons more fully supporting this Motion are contained in the accompanying
Memorandum in Support and the attached Affidavit of Timothy Ludin, Senior Collector for First
Bank.
Respectfully submitted,
Meghi . Burge (0102150)
DAGG , JOHNSTON, MILLER,
OGILVIE & HAMPSON
144 E. Main Street, P.O. Box 667
Lancaster, Ohio 43130-0667
(740) 653-6464
(740) 653-8522 Fax
mja@daggerlaw.com
Attorney for Plaintiff
' Default judgment has been granted as to the remaining Defendant in this matter pursuant to a Journal Entry dated
September 19, 2023.
I FACTS AND BACKGROUND
This cause originates from a promissory note executed by Defendants, Hasan Farah and
Naser Zayed, in favor of First Bank in the original amount of $12,178.00, with interest due
thereon at the rate of 8.59% per annum, plus costs, until paid in full. (See Exhibit A, Affidavit of
Timothy Ludin). As security for the note, Defendants, Hasan Farah and Naser Zayed, granted to
First Bank a security interest in a 2008 GMC Yukon; VIN: 1GKFK13048R252562
(“Collateral”). (See Exhibit A, Affidavit of Timothy Ludin). Defendant, Naser Zayed, is now in
default, having not paid the monthly payment when due under the note. (See Exhibit A, Affidavit
of Timothy Ludin).
Il. PROCEDURAL HISTORY
First Bank filed its Complaint in this matter on May 18, 2023 to accelerate the balance
remaining due under the note executed by Defendant and to recover the Collateral. The
Complaint states that Defendant, Naser Zayed, owes First Bank the sum of $8,240.10 as of April
10, 2023, plus interest thereafter on the principal balance of $7,000.65 at the rate of 8.59% per
annum, plus costs, until paid in full. The Complaint also states that Defendant, Naser Zayed, is in
default on the note, having not made the payment due on November 5, 2022, or thereafter, and
that First Bank elected to accelerate all amounts due pursuant to the terms and conditions of the
note.
Service was perfected upon Defendant, Nazer Zayed, on or about June 15, 2023. Despite
making appearances at telephonic replevin hearings on or about June 7, 2023, and June 27, 2023,
Defendant’s counsel moved this Court for leave to file a Separate Answer Instanter on or about
July 14, 2023. Plaintiff's counsel filed a Memorandum in Opposition to Defendant’s Motion on
or about July 21, 2023. Defendant’s Motion was granted on or about August 1, 2023, and
Defendant’s Answer was deemed filed as of this date.
A telephonic Case Management Conference was held on or about August 8, 2023.
Defendant’s counsel appeared and stipulated to discovery cutoff and dispositive motion
deadlines.
Plaintiff propounded its First Set of Interrogatories, Requests for Production of
Documents and Requests for Admission upon Defendant, Naser Zayed, to his counsel via
electronic mail on October 9, 2023. Defendant was provided twenty-eight (28) days to satisfy
said Requests for Admission in accordance with the Civil Rules. Discovery was due to
Plaintiff's counsel by Monday, November 6, 2023.
As of the date of this Motion (which is more than twenty-eight (28) days from the indicated
date of service of the Discovery) Plaintiff's counsel has not received any answers, documents,
admissions, or objections to said Requests for Admissions. (See Exhibit B, Affidavit of Meghan
J. Burge.)
As a result of Defendant’s failure to serve Plaintiff's counsel with responses to Plaintiff's
First Set of Discovery generally and Requests for Admissions specifically, pursuant to Civ. R.
36(A)(1), the matters are deemed admitted under Ohio law. Therefore, Defendant has legally
admitted the following:
REQUEST FOR ADMISSION NO. 1: Admit that you had a professional relationship with Mr.
Hasan Farah at the time you signed the Note in this Matter.
REQUEST FOR ADMISSION NO. 2: Admit that you had a personal relationship with Mr.
Hasan Farah at the time you signed the Note in this Matter.
? This Motion only addresses Defendant’s failure and implicit refusal to respond to Requests for Admission.
Separately, Plaintiff will seek to compel production of Interrogatories and Requests for Production, but Plaintiff
concedes that said Motion to Compel will become moot if Summary Judgment is granted.
OO
REQUEST FOR ADMISSION NO. 3: Admit that it is your signature appearing on Page 2 of 6
of the Note in this matter.
REQUEST FOR ADMISSION NO. 4: Admit that it is your signature appearing on Page 5 of 6
of the Note in this matter.
REQUEST FOR ADMISSION NO. 5: Admit that you personally guaranteed the Note in this
matter.
REQUEST FOR ADMISSION NO. 6: Admit that there is a “Notice to Cosigner” paragraph
enclosed within a box located on Page 5 of 6 of the Note in this matter.
REQUEST FOR ADMISSION NO. 7: Admit that you read the “Notice to Cosigner” paragraph
before signing the Note in this matter.
REQUEST FOR ADMISSION NO. 8: Admit that this paragraph states “[y]ou are being asked
to guarantee this debt. Think carefully before you do. If the borrower doesn’t pay the debt, you
will have to.”
REQUEST FOR ADMISSION NO. 9: Admit that this paragraph further states that “[t]he
creditor can collect this debt from you without first trying to collect from the borrower.”
REQUEST FOR ADMISSION NO. 10: Admit that you are jointly primarily liable on the Note
with Mr. Hasan Farah.
REQUEST FOR ADMISSION NO. 11: Admit that you received a Notice of Default letter
mailed by the Dagger Law Firm via certified mail on or about April 12, 2023, advising you that
Mr. Hasan Farah was in default of payment terms provided by the Note.
REQUEST FOR ADMISSION NO. 12: Admit that you do not dispute that you signed a
personal guaranty in this matter.
REQUEST FOR ADMISSION NO. 13: Admit that a Default Judgment Entry was entered
against additional named Defendant in this matter, Mr. Hasan Farah, on or about September 25,
2023.
Timothy Ludin, Senior Collector with First Bank, attests to the loan terms, the default by
Defendant, Naser Zayed, and the amount due under the note (See Exhibit A, Affidavit of
Timothy Ludin). Because of Defendant’s admissions in his Answer, his conclusive admissions
due to his failure to respond to Plaintiff's Requests for Admission and the fact that his Answer
contains no valid defense, and based on the facts set forth in the Affidavit of Timothy Ludin
attached hereto, there is no dispute that a material condition of the note has been broken. Stated
simply, by signing his name to the note, Naser Zayed was ajoint borrower—he agreed to make
monthly note payments, has failed to do so in a timely manner, and has failed to pay the
accelerated balance of the note when demanded. (See Exhibit A). As such, First Bank is entitled
to summary judgment.
Til. LAW & ARGUMENT
A. Standard of Review
Summary judgment should be granted when no genuine issue as to any material fact
remains to be litigated, and when it appears from the evidence that reasonable minds could come
to but one conclusion, in viewing such evidence most strongly in favor of the non-moving party,
and the conclusion is adverse to that party. Wilco Industries, Inc. v. Applied Cos., 67 Ohio St.3d
344, 346 (1993).
A party seeking summary judgment bears the initial responsibility of informing the court
of the basis for its Motion, and must identify those portions of the pleadings, depositions,
answers to interrogatories, and admissions, together with affidavits, if any, which demonstrate
the absence of a genuine issue of material fact. Vahila v. Hall, 77 Ohio St.3d 421, 428 (1997).
The moving party must be able to specifically point to some evidence of the type listed in Civ. R.
56(C), which affirmatively demonstrates that the non-moving party has no evidence to support
the moving party’s claims. /d. at 429.
Once the moving party satisfies its initial burden, the non-moving party has the burden of
showing that a genuine issue of material fact exists for trial. Todd Dev. Co. v. Morgan, 116 Ohio
St.3d 461, 463. Although the burden is on the moving party to provide specific reasons and
evidence in support of a summary judgment motion, the Supreme Court of Ohio has consistently
held that the non-moving party cannot rely merely on the pleadings, but has a reciprocal burden
of providing specific reasons and evidence why a Motion for Summary Judgment should not be
granted, including producing evidence on any issue for which the non-moving party bears the
burden of production at trial. Mitseff'v. Wheeler, 28 Ohio St.3d 112 (1998); Wing v. Anchor
Media, Limited of Texas, 40 Ohio St.3d 108 (1991). If the non-moving party does not so respond,
summary judgment shall be entered against said party. Civ. R. 56(E).
B. There are no Genuine Issues of Material Fact; First Bank is entitled to
Summary Judgment
Through its Complaint, First Bank is merely enforcing its contractual rights under the note.
“A lender does not act in ‘bad faith’ when it decides to enforce its contractual rights.” Needham
v. The Providant Bank, 110 Ohio App 3d. 817, 832 (1996). In his Answer, Naser Zayed admits
that (1) he executed a certain promissory note on or about April 1, 2020 and (2) that his
“obligation becomes [due] after failure of said HASAN FARAR sic to fully pay.” Even under
this guaranty argument, default judgment was entered against Hasan Farah on September 19,
2023, before Plaintiffs First Set of Discovery was propounded upon Naser Zayed and
conclusively establishing that Hasan Farah has failed to pay.
Iv. CONCLUSION
Defendant, Naser Zayed, is in default on the note. Timothy Ludin has authenticated the note.
(See Exhibit A, Affidavit of Timothy Ludin). Timothy Ludin also has confirmed the amount
owed by Naser Zayed to First Bank (See Exhibit A, Affidavit of Timothy Ludin). Finally,
Timothy Ludin also confirmed that First Bank did not contractually release Naser Zayed from his
obligations. (See Exhibit A, Affidavit of Timothy Ludin). Naser Zayed is in default and his
balance was properly accelerated. There are no genuine issues as to any material fact; First Bank
is entitled to summary judgment. As such, First Bank respectfully requests that it be granted
summary judgment on its Complaint for Money.
Respectfully submitted,
Megh: 102150)
Burge
DAGGER, JOHNSTON, MILLER,
OGILVIE & HAMPSON
144 E. Main Street, P.O. Box 667
Lancaster, Ohio 43130-0667
(740) 653-6464
(740) 653-8522 Fax
mja@daggerlaw.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing document has been
served via electronic mail U.S. ordinary mail this A_ day of November, 2023, upon the
following:
Barry Goloboff, Esq.
3659 Green Road #100
Cleveland, Ohio 44122
bgoloboff@sbcglobal.net
Attorney for Defendant, Naser Zayed
Meghan(J} Burge{0102150)
DAGG! , JOHNSTON, MILLER,
OGILVIE & HAMPSON
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO
FIRST BANK OF OHIO
Plaintiff, Case No. CV-23-979624
vs.
NASER ZAYED, ET AL. Judge Emily Hagan
Defendants.
AFFIDAVIT OF TIMOTHY LUDIN
STATE OF OHIO
COUNTY OF WASHINGTON
Now comes Timothy Ludin, being first duly cautioned and sworn, deposes and states as
follows based upon his own personal knowledge:
1 My name is Timothy Ludin. I am a Senior Collector for First Bank of Ohio (hereinafter
“First Bank”). I have personal knowledge of all facts stated herein and am competent to testify
about the subject matter recited herein. Specifically, I have personal knowledge of all of Hasan
Farah and Naser Zayed’s loan information with First Bank, including the note, account history,
payments made on the account, the status of the account (including the amounts due, the number
of days in default, interest and late charges owed, the number of times Defendants have been
delinquent, etc.) and the indebtedness owed.
2. First Bank is the owner and holder of a Note, Loan No. ****2203, executed by
Defendants, Hasan Farah and Naser Zayed, on April 1, 2020 (“Note”) in the original amount of
$12,178.00, with interest due thereon at the rate of 8.59% per annum until paid in full. A true and
accurate copy of the Note as maintained in the ordinary course of First Bank’s business is
attached hereto as Exhibit 1.
EXHIBIT
A
5
3. To secure the payment of the Note, Defendants, Hasan Farah and Naser Zayed, granted to
First Bank a security interest in a 2008 GMC Yukon; VIN: 1GKFK13048R252562
(“Collateral”). First Bank’s security interest in the Collateral has been perfected by notation of its
lien upon the certificate of title as evidenced by VINtek for the Collateral. A copy of the VINtek
showing First Bank’s lien is attached hereto as Exhibit 2.
4. Defendant, Naser Zayed, is indebted to First Bank on the Note in the sum of $8,240.10 as
of April 10, 2023, plus interest thereafter on the principal balance of $7,000.65 at the rate of
8.59% per annum, plus costs, until paid.
5. The Collateral has never been repossessed, no third-party payments or proof of insurance
have been received, and all payments have been credited to the account.
6. Defendant, Naser Zayed is in default by virtue of full payment due pursuant to the terms
of the Note. Defendant failed to make the November 5, 2022 payment or the payment due in any
month thereafter. A true and accurate copy of the payment history is attached hereto as Exhibit 3.
7. Based upon the default in payment, First Bank accelerated the indebtedness owed by the
Defendant as a matter of right under the Note. Prior to doing so, First Bank made multiple efforts
to reach Defendant in an attempt to resolve his indebtedness, including sending a cure letter on
April 12, 2023, and offering to settle as to Defendant Naser Zayed via a Consent Judgment Entry
should he provide Plaintiff with a current address and contact information for Defendant, Hasan
Farah, as well as a location where the Collateral in this matter is currently being stored.
Defendant has failed to cure or otherwise cooperate. The full amount is now due and owing as a
result.
8. First Bank never agreed to release Defendant, Naser Zayed as either a joint borrower, nor
as a cosigner, or to release its Collateral.
FURTHER AFFIANT SAYETH NAUGHT.
Sworn to and subscribed before me on this Ath day of _Noenber, 2023.
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BORROWER'S NAME AND ADDRESS: Loan NuNeer A
FIRST BANK OF OHIO
PO BOX 190 BORROWER HASAN FARAH pare 04/04/2020
MATURITY DATE _ 04/05/2024
TIFFIN OH 44883
BOPROWER NASER ONES RFICIPEL AROUNT § 12.178.00
ST
BORROWER _
—
2 — = =
CONSUMER PROMISSORY NOTE AND SECURITY AGREEMENT
This Consumer Promissory Note and Security Agreement ; Agreement } evidences a loan transaction beween Lender and Bo-rower Lender
You’ and ‘Your mean the Lendar 1 Bank of Oho and its successors and assigns Borrower 1 “Me and “My means each Borrower
dentified above jointly and severall | agree to use the proceeds of this loan to purchase the inolor vehicle andior any property descibed
below. from the Seller SUMMIT AUTO ALES LLC. ‘The Selle: las assisted the Lender wn completing
documentation lor this iransaction The term “Seller” includes any of the Sellers employees or agents Security By entering into this loan
transaction You acquue certain nghis that inay affect the property as descnved below (‘Property’) | also gve You a secunly mteresi m the
Property described oelow with all of the allachments, extras appurtenances or other equipment now or hereafter forming a part of of used in
connection with such Property. including all accessions and all personal property nol otherwise installed in or affixed to the motor vehicle :hal 1s
obtained with the proceeds of this loan wnthin 10 days after we enter into this transaction and all proceeds of this Property. Property also means
all tenefits that arise from the described Property including all proceeds. msurance berehits. payments from others and interest Proceeds
includes anything acquired on the sale. lease. license. exchange or other disposition of the Property. any nghis and claims ansing out of ie
Property and any collections and distributions on account of the Properly. The rights | am giving You in this Property and the obligations this
Agreement secures are defined in this Agreement,
--
MAKE YEAR EL BODY TYPE TICENSE NO WEAR. VIN
IGMc 2008 YUKON _ jDR. . IGKFK13048R252562
TRUTH IN LENDING DISCLOSURE
ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED, TOTAL OF PAYMENTS
The cost of My credit as a yearly rate The dollar amount the The amount of credit provited to Me the amouni | will have paid atter.
credit will cost Me or on My behalt I make all payments as scheduled
9.88 % s 2,564.52 s 11,883.00 s 14,447.52
My Payment Schedule will be: -—
NUMBER OF AMOUNT OF PAYMENTS PAYMENTS ARE DUE i
PAYMENTS an
48 $s 300.99 a ~ MONTHLY BEGINNING 5/05/20 1
L_ $s — : I
1 Variabte Rate: F my toan contains a vanable rate feature. Disclosures about the variable rate feature have been provided to Me acter,
The annual percentage rale may crease duning the term of this transaction if
The rate may not increase more than once ‘and may not
increase more than % each ‘Any increase will take the form of
. Whe rale increases by __% the
‘will increase (0 . The rate will not go above %
Security: ! am ging You a security interest in the motor vehicle and Property bemg purchased as desciibea above.
ing Fee: S__N/A
Late Charge: 1 will be charged a late charge on the portion of any payment made more than days
10 afier it 1s due equal to 10% ayment, oF
349.00 whichever is greater.
Prepayment: It | pay off early. | may have to pay @ penalty.
val not
Other Terms: | can see My contract documents for any additional information about nonpayment default and any required repaymeni before ihe
schedule dale. and prepayment penalties.
nee. a=-~. —
URUOV SEIS Y MV ee by
page Fat 6 4%
EXHIBIT
1
6 5
Insurance: Propery insurance, if required for this loan, may be obtained by Me from anyone | want acceptable to You. Credit life msurance and credit
disability insurance are not required to obtain this loan and vall nol be provided unless | sign and agree to pay the aaditional cost.
CREDIT INSURANCE - Credit Ie insurance and cred’ disability ITEMIZATION OF AMOUNT FINANCED:
Insurance are nat required 10 oblain cred. and wall not be provided unless
1 sign and agree to pay the additional orenmums, AMOUNT GIVEN TO ME DIRECTLY s 0.00
AMOUNT PAID ON MY (LOAN) ACCOUNT 8.
Type Premium Term ORIGINATION FEE TO FIRST BANK 295.00
Cregit Lite NIA AMOUNTS PAID TO OTHERS ON MY BEHALF.
Credit Disabilny N/A Insurance Promums, S. 0.00
Jont Credit Life NA to Public Officials S.
Vintek 2
‘Oo do do not want credit life msurance SUMMIT AUTO SALES LLC. 10 054.50
1 oo do not want credit disabilily insurance ASC WARRANTY 800 00"
1) do do not joint credit life insurance 0.00
'O do do not want, . ae insurance. 0.00,
a
DOB
PRINCIPAL AMOUNT 8. 12,178.00
(less; PREPAID FINANCE CHARGE:S 295.00
x pos
AMOUNT FINANCED. 8 11,883.00
--
SINGLE INTEREST INSURANCE ~ I may oblain single interest insurance PROPERTY INSURANCE ~ | may oblair property insurance from anyone
from anyone | want that 1s acceplable to You If 1 get the insurance from or ‘want thal is acceptable to You If get the insurance from or through You
through you | will pay S for _ of | will pay S Ni for of coverage
coverage
Additional Terms and Conditions of Agreement
PROMISE TO PAY - For value received | promise to pay the LATE FEE - | will be charged a tale charge on the portion o' any
12,178.00__ plus interest at the rate of ~—8.59%_
$_. —__12,178.00 8.59% per payment made more than 10days alter it 1s due equal to 10% of th
yea" until paid in full Tagree that 1 am fully responsible for payment of payment, or $4900 whichever 1s greater No late charge will be
the debt evidenced by this Agreement, even if another person atso assessed on any payment when the only delinquency is due lo late
sighs it as a Borrower Vou do not have to noly Me when a payment fees assessed on earlier payrenis and payment is otherwise a full
1s iol made, You can watve any of the terms of this Agreement ment
witout notice, and can release any Property without notifying Me or LIMITED AGENCY OF SELLER - This loan is between You and Me
releasing Me from My responsibiliies under this Agreement only The Seller. deniified-on page 1 1s nol a party to this Agreement
INTEREST ~ (u)Interest accrues on the principal remaining unpaid ano #8 nol lending money to Me However. the Seller will act as Your
from time to ume, until paid in full, (b) If “Variable Rate’ is checked on agent for the sole purpose of assisting in the completion of loan-related
page 1. | will pay interest at the rates in effect from time to time. cocumen The Seller does not have: Your authonty to make any oral
Decreases in the interest rate for this Agreenient will have the opposite oF wnlton promises or representations about this loan other than those
effec: on payments that increases would have You vill figure a made in this Agreement Al! sale terms and conditions involving the
change in the interest rate by using the index rate in effect at the: ume Property arc belween the Seller and me \ understand that the Seller
the interest rate 1s to change Changes in the index between is not Your agent for any representations made about the sale terms
‘scheduled changes in the interest rate will not affect the interest “ate for the Properly. | should resolve questions regarding the tems of the
If the index specified in this Agreement ceases to exist, | agree that saie duectly with the Seller
You may substitute a similar index for the onginal(c) The interest APPLICABLE LAW ~ This Agreement will be governed by the :aws of
rate(s) and other charges on this loan will never exceed the highest the state of Oto and federal law. You are localed in Oluo. You and |
tale of charge allowed by Ohio law for this loan. agree that the interest rales and others charges in this loan shall be
POST-MATURITY INTEREST ~ Interest will accrue on the principal governed by the laws of the slate of Ohio based on Section 27 of the
balance remaining unpaid afler final maturity at the rate of 25% per Federal Deposit Insurance Act
year. For purposes of this section. final matunly occurs NAME AND LOCATION ~ My name and address indicated on page 1
(a) Onthe date of the last scheduled payment of vrincipal: or are My exact legal name and My puncipal residence. | will provide You
(b) ‘On the date You accelerate he due date of this loan (demand with al least 30 days nouce prior to changing My name or principal
immediate payment). residence: HfL move and fai to prove You with My new principal
EARLY REPAYMENT - | may prepay any amount due under this residence. | cannot claim that |.failed to receive ary subsequent notice
Agreement at any time: WI prepay in part, | must still make wach later You atlempt to send to Me regarding My account
payment ir. the orignal amount as it becomes due until this Agreement SECURITY - By signing this Agreement, | give You a secunty interest
is paid in full IL prepay m full during the list 12 months of the loan. | tm the Properly which is descnded in the Securily section un page 1 of
agize 10 pay a prepayment charge of the greater of $195 or 7.95% of this Agreement. | agree that You may retain Your security interest in
ihe remainir FIN balan tthe ume of if. Thereatler, if) the Propeny until the entire balance owing on this Agreement
prepay in full any lime prior to sx months before ihe scheduled including any insurance premiums. plus finance charges thereon. and
maturity date | agree (0 pay @ prepayment charge of the greater of any adaitional charges anc fees. are pard agree to comp'y with and
$145 or 1.45% of the remaining principal balance al the me of vay of, facilitate Your requests in connection with obtaining possession of or
RETURNED PAYMENT CHARGE - Ii any check or other form ol control over the Property until this Agreement is terminated | agree to
payment make is returned unpaid by the paying mslitution. | agree 10 pay all actuai costs of placing and termmaing Your secutiy interest
promptly pay a fee of S49 per retuned fem This Agreement secures this loan including al extension renewals,
ORIGINATION FEE - | agree to pay You a non-refundable retina Ings and modifications) and any other debt | have with You
loan ongination fee in the amount set fort in the itemization This, Row oF later to the extent as perelted by law.
fee will be withheld from the proceeds and included m the principal PROPERTY INSURANCE - | agree lo maintain the insurance
amount on whch interest accrues. coverage descnhed in this secon | affiem that such insurance is in
PROV SHINY AL pte w
spa. why rr
force on the date of ths Agreement, 1 authorze You to speak to My tb) die, am declared incompetent or become sselvent
isurance agert or company, and any fu: fe msurance agents or tc 1 fail to keep any promise | have made wn connection with this
companies. about My coverage for the Property. | agree 19 obtain pay Agreement
tor and maintain insurance for the term of this Agreement against loss. (ai | fail to pay. or keep any other pronuse on. any oiner Icar cr
of cr aamage to the Property with a policy acceptable to You. This agreevnent I have with You
coverage may be ottained through an existing pclicy of insurarce (cr | make any wnitten statement or provide any financial inforra:i0%
‘owred oF controlled by Me or ftom an insurer and agent of My choice that Is untrue 0° waccurate al the ime 4's provided
that 1s authorized to sell such insurance and 1s accepiable to You The " Any creator cf mine attemcis to collect ary cet | owe Inrougn
inserance | maintain will clude comprehensive fire theft and collisior. coun croceesings. set-o4f of sell-heip repossession
coverage imsuring the Property in an amount sufficient to cover the fg The Properly 1s canaged destroyed seizes ot stolen
Property's actual cash value wath a maximum deductible of $500 I thr Wi fle a bankruptcy petition oF one is fled agains: the
shall name You as loss payee and provide You with a copy of My ty {fail to provide any addtional security that You may require
Declaration Page ardor My binder from My insurance company o Any legal entily (such as 3 partnership or corporation: thal ha>
acceptable tc You within 2 business days after the dale of this agreed to pay this Agreement merges dissolves recrganices
Agreement and thereafter upon request. | agree to assign the ends its. usmess. oF eustence ° @ partner or ‘majonty
proceeds of any insurance to You to the extent of the cebt | owe and ‘slockholaer dies or is declared incompetent ot
will instruct the insurance company to pay You cuectly If the P-speny thi Anything else haapens that reasonably causes Yzu to beleve inat
18 stolen lost. damaged or destroyed. You can use any insurance You wall have difticul collecung tne amour: 1 owe You
settlement either to repair the Propery or to apply to My debt 1/1 am in default cn.tnis Agreemen: You mav exercise Your
Whether or not the Propery is insured | will pay You all | owe under remedies agaist Me
this Agreement. ever it the Property 1s stolen lost. damaged or REMEDIES ~ If] am in default Under tins Agreement You may
destroyed I should show this provision to My insurance agent. If at (a) Make unpaid principal. earned interest and all other agreed
‘any time during the term of the Agreement | fail to maintain and charges | owe You under this Agreement immediately due
provide evidence of insurance You may as permitted by law and al (oy Use the right of se:-off as explained nelov
Your option purchase surance which covers both My and Your Demand more security ar new panes ooligalea tc pay ‘his Ioan
interests in the Property of which covers only Your interest in the (or botarin return for nzt using any other “emesy
Prozeny. If You buy either of these coverages You will notify Me and 10: Mate a clam for any are all insurance beneiits of “efunas that
describe the charge | must pay mclting mierest and any otmer may Le avallabh: on My cefaul
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Be CV23979624 UMA MM IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO FIRST BANK OF OHIO uM oa Piva D Plaintiff, 1B WV Iu A 3fase No. CV-23-979624 vs. CLERK OF COURTS CUYAHOGA COUNTY NASER ZAYED, ET AL. Judge Emily Hagan Defendants. PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Now comes Plaintiff, First Bank of Ohio (“First Bank”), and hereby moves for Summary Judgment pursuant to Civil Rule 56 on its Complaint against Defendant, Naser Zayed.' There are no genuine issues of material fact that the indebtedness is due, that there was a default by Defendant, and that First Bank is entitled to exercise its option to declare the balance immediately due and payable. First Bank is, accordingly, entitled to judgment as a matter of law. The reasons more fully supporting this Motion are contained in the accompanying Memorandum in Support and the attached Affidavit of Timothy Ludin, Senior Collector for First Bank. Respectfully submitted, Meghi . Burge (0102150) DAGG , JOHNSTON, MILLER, OGILVIE & HAMPSON 144 E. Main Street, P.O. Box 667 Lancaster, Ohio 43130-0667 (740) 653-6464 (740) 653-8522 Fax mja@daggerlaw.com Attorney for Plaintiff ' Default judgment has been granted as to the remaining Defendant in this matter pursuant to a Journal Entry dated September 19, 2023. I FACTS AND BACKGROUND This cause originates from a promissory note executed by Defendants, Hasan Farah and Naser Zayed, in favor of First Bank in the original amount of $12,178.00, with interest due thereon at the rate of 8.59% per annum, plus costs, until paid in full. (See Exhibit A, Affidavit of Timothy Ludin). As security for the note, Defendants, Hasan Farah and Naser Zayed, granted to First Bank a security interest in a 2008 GMC Yukon; VIN: 1GKFK13048R252562 (“Collateral”). (See Exhibit A, Affidavit of Timothy Ludin). Defendant, Naser Zayed, is now in default, having not paid the monthly payment when due under the note. (See Exhibit A, Affidavit of Timothy Ludin). Il. PROCEDURAL HISTORY First Bank filed its Complaint in this matter on May 18, 2023 to accelerate the balance remaining due under the note executed by Defendant and to recover the Collateral. The Complaint states that Defendant, Naser Zayed, owes First Bank the sum of $8,240.10 as of April 10, 2023, plus interest thereafter on the principal balance of $7,000.65 at the rate of 8.59% per annum, plus costs, until paid in full. The Complaint also states that Defendant, Naser Zayed, is in default on the note, having not made the payment due on November 5, 2022, or thereafter, and that First Bank elected to accelerate all amounts due pursuant to the terms and conditions of the note. Service was perfected upon Defendant, Nazer Zayed, on or about June 15, 2023. Despite making appearances at telephonic replevin hearings on or about June 7, 2023, and June 27, 2023, Defendant’s counsel moved this Court for leave to file a Separate Answer Instanter on or about July 14, 2023. Plaintiff's counsel filed a Memorandum in Opposition to Defendant’s Motion on or about July 21, 2023. Defendant’s Motion was granted on or about August 1, 2023, and Defendant’s Answer was deemed filed as of this date. A telephonic Case Management Conference was held on or about August 8, 2023. Defendant’s counsel appeared and stipulated to discovery cutoff and dispositive motion deadlines. Plaintiff propounded its First Set of Interrogatories, Requests for Production of Documents and Requests for Admission upon Defendant, Naser Zayed, to his counsel via electronic mail on October 9, 2023. Defendant was provided twenty-eight (28) days to satisfy said Requests for Admission in accordance with the Civil Rules. Discovery was due to Plaintiff's counsel by Monday, November 6, 2023. As of the date of this Motion (which is more than twenty-eight (28) days from the indicated date of service of the Discovery) Plaintiff's counsel has not received any answers, documents, admissions, or objections to said Requests for Admissions. (See Exhibit B, Affidavit of Meghan J. Burge.) As a result of Defendant’s failure to serve Plaintiff's counsel with responses to Plaintiff's First Set of Discovery generally and Requests for Admissions specifically, pursuant to Civ. R. 36(A)(1), the matters are deemed admitted under Ohio law. Therefore, Defendant has legally admitted the following: REQUEST FOR ADMISSION NO. 1: Admit that you had a professional relationship with Mr. Hasan Farah at the time you signed the Note in this Matter. REQUEST FOR ADMISSION NO. 2: Admit that you had a personal relationship with Mr. Hasan Farah at the time you signed the Note in this Matter. ? This Motion only addresses Defendant’s failure and implicit refusal to respond to Requests for Admission. Separately, Plaintiff will seek to compel production of Interrogatories and Requests for Production, but Plaintiff concedes that said Motion to Compel will become moot if Summary Judgment is granted. OO REQUEST FOR ADMISSION NO. 3: Admit that it is your signature appearing on Page 2 of 6 of the Note in this matter. REQUEST FOR ADMISSION NO. 4: Admit that it is your signature appearing on Page 5 of 6 of the Note in this matter. REQUEST FOR ADMISSION NO. 5: Admit that you personally guaranteed the Note in this matter. REQUEST FOR ADMISSION NO. 6: Admit that there is a “Notice to Cosigner” paragraph enclosed within a box located on Page 5 of 6 of the Note in this matter. REQUEST FOR ADMISSION NO. 7: Admit that you read the “Notice to Cosigner” paragraph before signing the Note in this matter. REQUEST FOR ADMISSION NO. 8: Admit that this paragraph states “[y]ou are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn’t pay the debt, you will have to.” REQUEST FOR ADMISSION NO. 9: Admit that this paragraph further states that “[t]he creditor can collect this debt from you without first trying to collect from the borrower.” REQUEST FOR ADMISSION NO. 10: Admit that you are jointly primarily liable on the Note with Mr. Hasan Farah. REQUEST FOR ADMISSION NO. 11: Admit that you received a Notice of Default letter mailed by the Dagger Law Firm via certified mail on or about April 12, 2023, advising you that Mr. Hasan Farah was in default of payment terms provided by the Note. REQUEST FOR ADMISSION NO. 12: Admit that you do not dispute that you signed a personal guaranty in this matter. REQUEST FOR ADMISSION NO. 13: Admit that a Default Judgment Entry was entered against additional named Defendant in this matter, Mr. Hasan Farah, on or about September 25, 2023. Timothy Ludin, Senior Collector with First Bank, attests to the loan terms, the default by Defendant, Naser Zayed, and the amount due under the note (See Exhibit A, Affidavit of Timothy Ludin). Because of Defendant’s admissions in his Answer, his conclusive admissions due to his failure to respond to Plaintiff's Requests for Admission and the fact that his Answer contains no valid defense, and based on the facts set forth in the Affidavit of Timothy Ludin attached hereto, there is no dispute that a material condition of the note has been broken. Stated simply, by signing his name to the note, Naser Zayed was ajoint borrower—he agreed to make monthly note payments, has failed to do so in a timely manner, and has failed to pay the accelerated balance of the note when demanded. (See Exhibit A). As such, First Bank is entitled to summary judgment. Til. LAW & ARGUMENT A. Standard of Review Summary judgment should be granted when no genuine issue as to any material fact remains to be litigated, and when it appears from the evidence that reasonable minds could come to but one conclusion, in viewing such evidence most strongly in favor of the non-moving party, and the conclusion is adverse to that party. Wilco Industries, Inc. v. Applied Cos., 67 Ohio St.3d 344, 346 (1993). A party seeking summary judgment bears the initial responsibility of informing the court of the basis for its Motion, and must identify those portions of the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits, if any, which demonstrate the absence of a genuine issue of material fact. Vahila v. Hall, 77 Ohio St.3d 421, 428 (1997). The moving party must be able to specifically point to some evidence of the type listed in Civ. R. 56(C), which affirmatively demonstrates that the non-moving party has no evidence to support the moving party’s claims. /d. at 429. Once the moving party satisfies its initial burden, the non-moving party has the burden of showing that a genuine issue of material fact exists for trial. Todd Dev. Co. v. Morgan, 116 Ohio St.3d 461, 463. Although the burden is on the moving party to provide specific reasons and evidence in support of a summary judgment motion, the Supreme Court of Ohio has consistently held that the non-moving party cannot rely merely on the pleadings, but has a reciprocal burden of providing specific reasons and evidence why a Motion for Summary Judgment should not be granted, including producing evidence on any issue for which the non-moving party bears the burden of production at trial. Mitseff'v. Wheeler, 28 Ohio St.3d 112 (1998); Wing v. Anchor Media, Limited of Texas, 40 Ohio St.3d 108 (1991). If the non-moving party does not so respond, summary judgment shall be entered against said party. Civ. R. 56(E). B. There are no Genuine Issues of Material Fact; First Bank is entitled to Summary Judgment Through its Complaint, First Bank is merely enforcing its contractual rights under the note. “A lender does not act in ‘bad faith’ when it decides to enforce its contractual rights.” Needham v. The Providant Bank, 110 Ohio App 3d. 817, 832 (1996). In his Answer, Naser Zayed admits that (1) he executed a certain promissory note on or about April 1, 2020 and (2) that his “obligation becomes [due] after failure of said HASAN FARAR sic to fully pay.” Even under this guaranty argument, default judgment was entered against Hasan Farah on September 19, 2023, before Plaintiffs First Set of Discovery was propounded upon Naser Zayed and conclusively establishing that Hasan Farah has failed to pay. Iv. CONCLUSION Defendant, Naser Zayed, is in default on the note. Timothy Ludin has authenticated the note. (See Exhibit A, Affidavit of Timothy Ludin). Timothy Ludin also has confirmed the amount owed by Naser Zayed to First Bank (See Exhibit A, Affidavit of Timothy Ludin). Finally, Timothy Ludin also confirmed that First Bank did not contractually release Naser Zayed from his obligations. (See Exhibit A, Affidavit of Timothy Ludin). Naser Zayed is in default and his balance was properly accelerated. There are no genuine issues as to any material fact; First Bank is entitled to summary judgment. As such, First Bank respectfully requests that it be granted summary judgment on its Complaint for Money. Respectfully submitted, Megh: 102150) Burge DAGGER, JOHNSTON, MILLER, OGILVIE & HAMPSON 144 E. Main Street, P.O. Box 667 Lancaster, Ohio 43130-0667 (740) 653-6464 (740) 653-8522 Fax mja@daggerlaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing document has been served via electronic mail U.S. ordinary mail this A_ day of November, 2023, upon the following: Barry Goloboff, Esq. 3659 Green Road #100 Cleveland, Ohio 44122 bgoloboff@sbcglobal.net Attorney for Defendant, Naser Zayed Meghan(J} Burge{0102150) DAGG! , JOHNSTON, MILLER, OGILVIE & HAMPSON Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO FIRST BANK OF OHIO Plaintiff, Case No. CV-23-979624 vs. NASER ZAYED, ET AL. Judge Emily Hagan Defendants. AFFIDAVIT OF TIMOTHY LUDIN STATE OF OHIO COUNTY OF WASHINGTON Now comes Timothy Ludin, being first duly cautioned and sworn, deposes and states as follows based upon his own personal knowledge: 1 My name is Timothy Ludin. I am a Senior Collector for First Bank of Ohio (hereinafter “First Bank”). I have personal knowledge of all facts stated herein and am competent to testify about the subject matter recited herein. Specifically, I have personal knowledge of all of Hasan Farah and Naser Zayed’s loan information with First Bank, including the note, account history, payments made on the account, the status of the account (including the amounts due, the number of days in default, interest and late charges owed, the number of times Defendants have been delinquent, etc.) and the indebtedness owed. 2. First Bank is the owner and holder of a Note, Loan No. ****2203, executed by Defendants, Hasan Farah and Naser Zayed, on April 1, 2020 (“Note”) in the original amount of $12,178.00, with interest due thereon at the rate of 8.59% per annum until paid in full. A true and accurate copy of the Note as maintained in the ordinary course of First Bank’s business is attached hereto as Exhibit 1. EXHIBIT A 5 3. To secure the payment of the Note, Defendants, Hasan Farah and Naser Zayed, granted to First Bank a security interest in a 2008 GMC Yukon; VIN: 1GKFK13048R252562 (“Collateral”). First Bank’s security interest in the Collateral has been perfected by notation of its lien upon the certificate of title as evidenced by VINtek for the Collateral. A copy of the VINtek showing First Bank’s lien is attached hereto as Exhibit 2. 4. Defendant, Naser Zayed, is indebted to First Bank on the Note in the sum of $8,240.10 as of April 10, 2023, plus interest thereafter on the principal balance of $7,000.65 at the rate of 8.59% per annum, plus costs, until paid. 5. The Collateral has never been repossessed, no third-party payments or proof of insurance have been received, and all payments have been credited to the account. 6. Defendant, Naser Zayed is in default by virtue of full payment due pursuant to the terms of the Note. Defendant failed to make the November 5, 2022 payment or the payment due in any month thereafter. A true and accurate copy of the payment history is attached hereto as Exhibit 3. 7. Based upon the default in payment, First Bank accelerated the indebtedness owed by the Defendant as a matter of right under the Note. Prior to doing so, First Bank made multiple efforts to reach Defendant in an attempt to resolve his indebtedness, including sending a cure letter on April 12, 2023, and offering to settle as to Defendant Naser Zayed via a Consent Judgment Entry should he provide Plaintiff with a current address and contact information for Defendant, Hasan Farah, as well as a location where the Collateral in this matter is currently being stored. Defendant has failed to cure or otherwise cooperate. The full amount is now due and owing as a result. 8. First Bank never agreed to release Defendant, Naser Zayed as either a joint borrower, nor as a cosigner, or to release its Collateral. FURTHER AFFIANT SAYETH NAUGHT. Sworn to and subscribed before me on this Ath day of _Noenber, 2023. S, s= sttinann, ON hoy IM, fe 1% LO Notary Public Ss. at S Fe a Fg Se S » oFman oN . j BORROWER'S NAME AND ADDRESS: Loan NuNeer A FIRST BANK OF OHIO PO BOX 190 BORROWER HASAN FARAH pare 04/04/2020 MATURITY DATE _ 04/05/2024 TIFFIN OH 44883 BOPROWER NASER ONES RFICIPEL AROUNT § 12.178.00 ST BORROWER _ — 2 — = = CONSUMER PROMISSORY NOTE AND SECURITY AGREEMENT This Consumer Promissory Note and Security Agreement ; Agreement } evidences a loan transaction beween Lender and Bo-rower Lender You’ and ‘Your mean the Lendar 1 Bank of Oho and its successors and assigns Borrower 1 “Me and “My means each Borrower dentified above jointly and severall | agree to use the proceeds of this loan to purchase the inolor vehicle andior any property descibed below. from the Seller SUMMIT AUTO ALES LLC. ‘The Selle: las assisted the Lender wn completing documentation lor this iransaction The term “Seller” includes any of the Sellers employees or agents Security By entering into this loan transaction You acquue certain nghis that inay affect the property as descnved below (‘Property’) | also gve You a secunly mteresi m the Property described oelow with all of the allachments, extras appurtenances or other equipment now or hereafter forming a part of of used in connection with such Property. including all accessions and all personal property nol otherwise installed in or affixed to the motor vehicle :hal 1s obtained with the proceeds of this loan wnthin 10 days after we enter into this transaction and all proceeds of this Property. Property also means all tenefits that arise from the described Property including all proceeds. msurance berehits. payments from others and interest Proceeds includes anything acquired on the sale. lease. license. exchange or other disposition of the Property. any nghis and claims ansing out of ie Property and any collections and distributions on account of the Properly. The rights | am giving You in this Property and the obligations this Agreement secures are defined in this Agreement, -- MAKE YEAR EL BODY TYPE TICENSE NO WEAR. VIN IGMc 2008 YUKON _ jDR. . IGKFK13048R252562 TRUTH IN LENDING DISCLOSURE ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED, TOTAL OF PAYMENTS The cost of My credit as a yearly rate The dollar amount the The amount of credit provited to Me the amouni | will have paid atter. credit will cost Me or on My behalt I make all payments as scheduled 9.88 % s 2,564.52 s 11,883.00 s 14,447.52 My Payment Schedule will be: -— NUMBER OF AMOUNT OF PAYMENTS PAYMENTS ARE DUE i PAYMENTS an 48 $s 300.99 a ~ MONTHLY BEGINNING 5/05/20 1 L_ $s — : I 1 Variabte Rate: F my toan contains a vanable rate feature. Disclosures about the variable rate feature have been provided to Me acter, The annual percentage rale may crease duning the term of this transaction if The rate may not increase more than once ‘and may not increase more than % each ‘Any increase will take the form of . Whe rale increases by __% the ‘will increase (0 . The rate will not go above % Security: ! am ging You a security interest in the motor vehicle and Property bemg purchased as desciibea above. ing Fee: S__N/A Late Charge: 1 will be charged a late charge on the portion of any payment made more than days 10 afier it 1s due equal to 10% ayment, oF 349.00 whichever is greater. Prepayment: It | pay off early. | may have to pay @ penalty. val not Other Terms: | can see My contract documents for any additional information about nonpayment default and any required repaymeni before ihe schedule dale. and prepayment penalties. nee. a=-~. — URUOV SEIS Y MV ee by page Fat 6 4% EXHIBIT 1 6 5 Insurance: Propery insurance, if required for this loan, may be obtained by Me from anyone | want acceptable to You. Credit life msurance and credit disability insurance are not required to obtain this loan and vall nol be provided unless | sign and agree to pay the aaditional cost. CREDIT INSURANCE - Credit Ie insurance and cred’ disability ITEMIZATION OF AMOUNT FINANCED: Insurance are nat required 10 oblain cred. and wall not be provided unless 1 sign and agree to pay the additional orenmums, AMOUNT GIVEN TO ME DIRECTLY s 0.00 AMOUNT PAID ON MY (LOAN) ACCOUNT 8. Type Premium Term ORIGINATION FEE TO FIRST BANK 295.00 Cregit Lite NIA AMOUNTS PAID TO OTHERS ON MY BEHALF. Credit Disabilny N/A Insurance Promums, S. 0.00 Jont Credit Life NA to Public Officials S. Vintek 2 ‘Oo do do not want credit life msurance SUMMIT AUTO SALES LLC. 10 054.50 1 oo do not want credit disabilily insurance ASC WARRANTY 800 00" 1) do do not joint credit life insurance 0.00 'O do do not want, . ae insurance. 0.00, a DOB PRINCIPAL AMOUNT 8. 12,178.00 (less; PREPAID FINANCE CHARGE:S 295.00 x pos AMOUNT FINANCED. 8 11,883.00 -- SINGLE INTEREST INSURANCE ~ I may oblain single interest insurance PROPERTY INSURANCE ~ | may oblair property insurance from anyone from anyone | want that 1s acceplable to You If 1 get the insurance from or ‘want thal is acceptable to You If get the insurance from or through You through you | will pay S for _ of | will pay S Ni for of coverage coverage Additional Terms and Conditions of Agreement PROMISE TO PAY - For value received | promise to pay the LATE FEE - | will be charged a tale charge on the portion o' any 12,178.00__ plus interest at the rate of ~—8.59%_ $_. —__12,178.00 8.59% per payment made more than 10days alter it 1s due equal to 10% of th yea" until paid in full Tagree that 1 am fully responsible for payment of payment, or $4900 whichever 1s greater No late charge will be the debt evidenced by this Agreement, even if another person atso assessed on any payment when the only delinquency is due lo late sighs it as a Borrower Vou do not have to noly Me when a payment fees assessed on earlier payrenis and payment is otherwise a full 1s iol made, You can watve any of the terms of this Agreement ment witout notice, and can release any Property without notifying Me or LIMITED AGENCY OF SELLER - This loan is between You and Me releasing Me from My responsibiliies under this Agreement only The Seller. deniified-on page 1 1s nol a party to this Agreement INTEREST ~ (u)Interest accrues on the principal remaining unpaid ano #8 nol lending money to Me However. the Seller will act as Your from time to ume, until paid in full, (b) If “Variable Rate’ is checked on agent for the sole purpose of assisting in the completion of loan-related page 1. | will pay interest at the rates in effect from time to time. cocumen The Seller does not have: Your authonty to make any oral Decreases in the interest rate for this Agreenient will have the opposite oF wnlton promises or representations about this loan other than those effec: on payments that increases would have You vill figure a made in this Agreement Al! sale terms and conditions involving the change in the interest rate by using the index rate in effect at the: ume Property arc belween the Seller and me \ understand that the Seller the interest rate 1s to change Changes in the index between is not Your agent for any representations made about the sale terms ‘scheduled changes in the interest rate will not affect the interest “ate for the Properly. | should resolve questions regarding the tems of the If the index specified in this Agreement ceases to exist, | agree that saie duectly with the Seller You may substitute a similar index for the onginal(c) The interest APPLICABLE LAW ~ This Agreement will be governed by the :aws of rate(s) and other charges on this loan will never exceed the highest the state of Oto and federal law. You are localed in Oluo. You and | tale of charge allowed by Ohio law for this loan. agree that the interest rales and others charges in this loan shall be POST-MATURITY INTEREST ~ Interest will accrue on the principal governed by the laws of the slate of Ohio based on Section 27 of the balance remaining unpaid afler final maturity at the rate of 25% per Federal Deposit Insurance Act year. For purposes of this section. final matunly occurs NAME AND LOCATION ~ My name and address indicated on page 1 (a) Onthe date of the last scheduled payment of vrincipal: or are My exact legal name and My puncipal residence. | will provide You (b) ‘On the date You accelerate he due date of this loan (demand with al least 30 days nouce prior to changing My name or principal immediate payment). residence: HfL move and fai to prove You with My new principal EARLY REPAYMENT - | may prepay any amount due under this residence. | cannot claim that |.failed to receive ary subsequent notice Agreement at any time: WI prepay in part, | must still make wach later You atlempt to send to Me regarding My account payment ir. the orignal amount as it becomes due until this Agreement SECURITY - By signing this Agreement, | give You a secunty interest is paid in full IL prepay m full during the list 12 months of the loan. | tm the Properly which is descnded in the Securily section un page 1 of agize 10 pay a prepayment charge of the greater of $195 or 7.95% of this Agreement. | agree that You may retain Your security interest in ihe remainir FIN balan tthe ume of if. Thereatler, if) the Propeny until the entire balance owing on this Agreement prepay in full any lime prior to sx months before ihe scheduled including any insurance premiums. plus finance charges thereon. and maturity date | agree (0 pay @ prepayment charge of the greater of any adaitional charges anc fees. are pard agree to comp'y with and $145 or 1.45% of the remaining principal balance al the me of vay of, facilitate Your requests in connection with obtaining possession of or RETURNED PAYMENT CHARGE - Ii any check or other form ol control over the Property until this Agreement is terminated | agree to payment make is returned unpaid by the paying mslitution. | agree 10 pay all actuai costs of placing and termmaing Your secutiy interest promptly pay a fee of S49 per retuned fem This Agreement secures this loan including al extension renewals, ORIGINATION FEE - | agree to pay You a non-refundable retina Ings and modifications) and any other debt | have with You loan ongination fee in the amount set fort in the itemization This, Row oF later to the extent as perelted by law. fee will be withheld from the proceeds and included m the principal PROPERTY INSURANCE - | agree lo maintain the insurance amount on whch interest accrues. coverage descnhed in this secon | affiem that such insurance is in PROV SHINY AL pte w spa. why rr force on the date of ths Agreement, 1 authorze You to speak to My tb) die, am declared incompetent or become sselvent isurance agert or company, and any fu: fe msurance agents or tc 1 fail to keep any promise | have made wn connection with this companies. about My coverage for the Property. | agree 19 obtain pay Agreement tor and maintain insurance for the term of this Agreement against loss. (ai | fail to pay. or keep any other pronuse on. any oiner Icar cr of cr aamage to the Property with a policy acceptable to You. This agreevnent I have with You coverage may be ottained through an existing pclicy of insurarce (cr | make any wnitten statement or provide any financial inforra:i0% ‘owred oF controlled by Me or ftom an insurer and agent of My choice that Is untrue 0° waccurate al the ime 4's provided that 1s authorized to sell such insurance and 1s accepiable to You The " Any creator cf mine attemcis to collect ary cet | owe Inrougn inserance | maintain will clude comprehensive fire theft and collisior. coun croceesings. set-o4f of sell-heip repossession coverage imsuring the Property in an amount sufficient to cover the fg The Properly 1s canaged destroyed seizes ot stolen Property's actual cash value wath a maximum deductible of $500 I thr Wi fle a bankruptcy petition oF one is fled agains: the shall name You as loss payee and provide You with a copy of My ty {fail to provide any addtional security that You may require Declaration Page ardor My binder from My insurance company o Any legal entily (such as 3 partnership or corporation: thal ha> acceptable tc You within 2 business days after the dale of this agreed to pay this Agreement merges dissolves recrganices Agreement and thereafter upon request. | agree to assign the ends its. usmess. oF eustence ° @ partner or ‘majonty proceeds of any insurance to You to the extent of the cebt | owe and ‘slockholaer dies or is declared incompetent ot will instruct the insurance company to pay You cuectly If the P-speny thi Anything else haapens that reasonably causes Yzu to beleve inat 18 stolen lost. damaged or destroyed. You can use any insurance You wall have difticul collecung tne amour: 1 owe You settlement either to repair the Propery or to apply to My debt 1/1 am in default cn.tnis Agreemen: You mav exercise Your Whether or not the Propery is insured | will pay You all | owe under remedies agaist Me this Agreement. ever it the Property 1s stolen lost. damaged or REMEDIES ~ If] am in default Under tins Agreement You may destroyed I should show this provision to My insurance agent. 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