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BRYANT BURNSTAD, SBN 297286 Electronically Filed
RESURGENCE LEGAL GROUP, PC 2/13/2024 9:29 AM
10805 Holder Street, Suite 167 Superior Court of California
Cypress, CA 90630 County of Stanislaus
(T) 877/440-0860 (F) 714/226-0024 Clerk of the Court
EMAIL: CAAttorney@ResurgenceLegal.com By: Raquel Enriquez, Deputy
$181 PAID
Refer to File Number: TP131777
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS, MODESTO CENTRAL JUDICIAL DISTRICT
CITY TOWERS BUILDING
CV-24-001133
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ACCELERATED PORTFOLIO INC, ) CASE NO.
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Plaintiff, COMPLAINT FOR MONEY
Vv. 1. Account Stated
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2. Open Book Account
MICHAEL PARREIRA, 3. Indebtedness
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and DOES | through 15 inclusive,
Limited Jurisdiction
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Defendant(s). [Demand Amount: $2,558.76]
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‘This case nas been assigned to JudgeMayne, JohnR
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Department "for all purposes including Tri.
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18 GENERAL ALLEGATIONS
19 1. At all times mentioned herein, Plaintiff ACCELERATED PORTFOLIO INC was, and now is a
20 LIMITED LIABILITY COMPANY, duly organized and existing under and by virtue of the state of its
21 formation and at all times herein and is successor-in-interest of LOANME INC, and is qualified to
22 conduct business in the State of California. Plaintiff is a debt buyer and sole owner of account.
23 2. The true names and capacities of Defendant(s), DOES 1 through 15, inclusive, are unknown to
24 Plaintiff at this time, who therefore sues said Defendant(s) by such fictitious names. Plaintiff is
25 informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for
26 each and every obligation hereinafter set forth.
27 3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this
28 Complaint, was and at all times herein mentioned, and now is, the agent and employee of each of the
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COMPLAINT FOR MONEY
other Defendant(s) herein, and was at all times acting within the course and scope of said agency and
employment.
4. Plaintiff alleges that the Defendant(s), or some of them, reside in the above-cited Judicial District.
The obligation sued upon is not commercial in nature and is not subject to the provisions of Civil Code,
§2984.4, nor Civil Code, §1812.10.
5. Defendant(s), and each of them, requested a line of credit (the "Account") from the original credit
issuer. Thereafter, said request was accepted and credit was extended to Defendant(s).
6. Defendant(s) incurred this debt by defaulting on the Contract by failing to pay the agreed upon
payments. A copy of the Contract is attached as Exhibit "A" and incorporated by reference to this
10 complaint.
11 7. The charge-off creditor was LOANME INC, 1900 S STATE COLLEGE BLVD STE 300,
12 ANAHEIM CA 92806 and account number at time of charge-off was ***6830.
13 8. The name(s) and last known address(es) of Defendant(s) as they appeared in the charge-off
14 creditor's records prior to the sale of the debt, or for debt sold prior to January 1, 2014, the name and
15 last known address of Defendant as they appeared in the debt owner's records on December 31, 2013
16 was MICHAEL PARREIRA, 2300 DREW AVE, TURLOCK CA 95382.
17 9. The names and addresses of all persons or entities that purchased or were assigned the debt after
18 charge-off are:
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Name Address
20 ACCELERATED PORTFOLIO INC 39 MONETTE PKWY, SMITHFIELD VA 23430
21 Attached hereto collectively as Exhibit "B" are true and correct copies of said transfers and are
22 incorporated herein by reference.
23 10. Plaintiff
has complied with California Civil Code section 1788.52.
24 11. Defendant(s), and each of them, defaulted on the account by failing to make payments, causing
25 damages set forth herein. The date of last payment is December 31, 2020. The charge-off creditor duly
26 performed or was excused from performing all terms and conditions of said Agreement on its part to
27 be performed.
28 12. The balance at charge-off was $2,558.76. The total amount of interest after charge-off was
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COMPLAINT FOR MONEY
$0.00. The total amount of fees after charge-off was $0.00. The total amount of credits after charge-off
was $0.00.
13. Demand has been made on Defendant(s), and each of them, for the payment of $2,558.76 due.
FIRST CAUSE OF ACTION
(Account Stated)
14. Plaintiff refers to Paragraphs | through 13, and by this reference incorporates the same herein
as though fully set forth.
15. Within the last four years, an account was stated by and between the charge off creditor and
Defendant(s), and each of them, wherein it stated that said Defendant(s), and each of them, were
10 indebted to the charge off creditor in the sum of $2,558.76. Plaintiffis the current holder and assignee
11 of the Account.
12 SECOND CAUSE OF ACTION
13 (Open Book Account)
14 16. Plaintiff refers to Paragraphs | through 15, and by this reference incorporates the same herein
15 as though fully set forth.
16 17. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off
17 creditor on an open book account for $2,558.76 due. The open book account reflected all the credits
18 and debits involved in the financial transaction(s) between charge-off creditor and Defendant(s) in the
19 Account. Plaintiffis the current holder and assignee of the Account.
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COMPLAINT FOR MONEY
1 THIRD CAUSE OF ACTION
2 (Indebtedness)
3 18. Plaintiff refers to Paragraphs | through 17, inclusive of the First Cause of Action, and by this
4 reference incorporates the same herein as though fully set forth.
WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them as follows:
AS TO ALL CAUSES OF ACTION:
1 For the sum of $2,558.76;
2. For costs of suit incurred herein; and,
3. For such other further reliefas the Court may deem just and proper.
10 DATED:
11 J anuary 31, 2024
RESURGENCE LEGAL GROUP, PC
12 By: @B
13 ®& BRYANT BURNSTAD, SBN 297286
14 Attorney for Plaintiff
15 California Debt Collection License #10749-99.
16 This is an attempt to collect a debt by a debt collector and any information obtained will be used for
that purpose.
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COMPLAINT FOR MONEY
EXHIBIT “A”
LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT
Loan No.: EE. Date of Note: August 20, 2019
Expected Funding Date: August 20, 2019
Lender: LoanMe, Inc. Borrower: MICHAEL PARREIRA
Address: 1900 S, State College Boulevard Suite 300 Address: 2300 DREW AVE
Anaheim, CA 92806 TURLOCK, CA 95382
In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your’ mean the persen signing as a borrawer. "We, us,", and "our,"
mean LoanMe, Inc, and any subsequent holder of this Note
FRUTH IN LENDING ACT DISCLOSURE STATEMENT
ANNUAL AMOUNT FINANCED TOTAL OF PAYMENTS
FINANCE CHARGE
PERCENTAGE RATE
The cost of your cradit as a yearly| The dollar amount the credit The amount of credit The amount you will have paid after all
rate wall cost your Provided éo you payments are made as schedeted
182.95 % $15,968.33 $2,575.00 $18,393.33
PAYMENT SCHEDULE
Gne payment of $543.54 on Gctober 01, 2019.
45 monthly payments of $388.40 beginning on November 01, 2019
One payment of $271.79 on August 01, 2023.
Annual Percentage Rate: The Annual Percentage Rate ("APR") on this loan is calculated based on a 360 day year.
Late Charge: If a payment is 15 days late, you will be charged $15.00,
Prepayment: If you pay off this loan early, you will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the
scheduled date.
ITEMIZATION OF AMOUNT FINANCED
Amount Financed: $2,525.00
Amount Paid to Borrower Directly: $2,525.00
Prepaid Finance Charge/Origination Fee: |$75.00
PROMISSORY NOTE AND ARBITRATION AGREEMENT
This Note, including any and ail signatures herete, is in onginal format an electronic document created Jn accordance with the Fiectronic Signatures
in Giobal and National Commerce Act (E-SIGN) and cther applicable laws and regulations, and that the one, true original Note is retained
electronically by us. Ai other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only.
FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $2,600.00, together with
interest calculated at 179.00 @ ("Note Rate") and any outstanding charges ar late fees, until the full amount of this Nate is paid
Your interest is calculated on 2 260/369 simple interest basis. This means that interest is calculated by dividing the annual Note Rate disclosed above
by 360, multiplying thet number by the outstending principal balance, and multiplying that number by the number of days the principal balance is
outstanding, assuming that each full month is comprised of 30 days.
Your payments will be applied as of the date received, first to accrued interest, then to the grincipal payment that is due, then to any outstanding
charges or |ate fees, and finally te any remaining principal nat yet dua, The payment schedule disclosed above is only an estimate and may change in
the event you do not make all seyments as scheduled, If a payment is not sufficient bo pay interest then dug, the unpaid interest will be billed again
with the new principal end interest on the next scheduled payment.
A principal-anly payment is known as a "Prepayment." We will not treat a payment as a Prepayment unless you previously made all monthly payments
of principal and interest and fully paid and satisfied all ther obligations under this Note. If you meet these conditions, you may make a full or partial
Prepayment, We will apply any partial Prepayment you make to reduce the principal due on the Note as of the date we receive the Prepayment. You
may make a full Prepayment or partial Prepayment at any time without penalty. A partial Prepayment will not change the due dates or amounts of
yeur monthiy payments, but may reduce the number of payments ane the amount of your final payment.
we do not intend to charge or collect any interast, charge, or fee that is more than the law allows. IF wa charge or collact any amount over what the
law allows, we will apply the excess first to the unpaid scheduled monthly payments, and we will refund any excess if you have paid in full all amounts
You ewe under this Note. Any amount applied te unpaid scheduled monthly payments will be treated as a partial prepayment
THE MATURITY DATE {IF NOT PREPAID) GF THIS LOAN IS: August 01, 2023,
You will be subject to a fee of $15 if any payment you make is returned for nen-sufficient funds.
If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace period, to declare this Note to be immediately due
and payable. For loans above $10,000, if you file for an assignment fer the benefit of creditors, bankruptcy, or for relief under any provisions of the
United States Bankruptcy Code, we shall have the right te declara this Note to be immediately due and payable.
Far loans in excess of $5,000, in the event that we are required ta employ an attorney at law to collect any amounts due under this Note, you will be
required to pay the reasonable fees of such attarney to protect our interest or to take any other action required te collect the amaunts due
hereunder to the extent permitted by law.
You agree that all payments made more than (15) days of the due date shall be subject to a late fee of $15.00,
The loan fee included in the prepaid finance charge/loan fee disclosed above is fully eared upon loan origination, and is not subject to rebate upon
prepayment or acceleration of this Note and is not considered interest.
This loan is unsecured and therefere not secured by any of your collateral.
We may delay or forgo enforcing any of ite rights or remedies under this Nate without losing them. You hereby, to the extant allowad by law, waive
any epplicable presentment, demand for payment, or protest and notice of dishonor. Upen any change in the terms of this Note, and unless otherwise
expressly stated in writing, ne party who signs this Note, whether 2s maker, guarantor, accommedation maker or endorser, shall be released from
liability.
This Note shall take affect as a cealed instrument. This Note will be governed by tha laws of the State of California except to the extent governed by
federal law applicable to interstate commerce, including, without limitation, the Federal Arbitration Act, 9 U.S.C. §§ 1-6 ("FAA"
You understand that you have previously consented te receive all communications from us, including but not limited to, all required disclosures via
electronic mail. This means that all communications from us will be delivered in electronic form.
You understand and agree that we may obtain credit reports on you an ongoing basis as long as this lozn remains in effect. You also authorize us to
report information concerning your account to credit bureaus and to anyone else we believe in good faith has a legitimate need for auch information.
You understand that, ‘rom time to time, we may moniter or record telephone calls between you and us. You hereby expressly consent to have your
calls monitored or recorded.
You agree that we can contact you using any telaphone number(s} that you provide us in this credit application, that you provide to us in the future,
or that we get from another source, even if the number is for a mobile teleahone and/or our using the number results in charges to you by your mosile
service provider, You also agree that we may leave an autodialed er prerecorded message or use other technology to make that contact. You further
agree that if you gave us a mobile phone number in your egplication, or if you later gave us a mobile phone number, or if we get @ mobile phone
number for you from another source, we may contact you by text message on that mabile phone regarding your account, notwithstanding the fact
that there is a possibility that 4 third party may see our text message to you, and you represent that any mobile phone number you gave us or will
give us is your mobile phone number alone. You may cancel this consent by providing us with nctice in writing.
A married or registered demestic partner applicant may apply for a separate account.
As required by law, you are hereby notified that 2 negative credit report reflacting on your credit record may 5e submitted to a credit reporting
agency if you fail to fulfill the terms of your credit obligations. If we take any adverse action as defined by Secticn 1785.3 of the California Civil Code
and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60
days a free copy of your consumer credit report frem the consumer reporting agency who furnished us your consumer credit report and from any
other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. ‘You have the rignt 2s described by
Section 1785.16 of the California Civil Code te dispute the accuracy er completeness of any infermatien in a consumer credit repert furnished by tne
consumer credit reparting agency.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties,
whether oral or written. Any modifications to this Agreement must be mace in writing and signed by both parties.
ARBITRATIGN PROVISION
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION, Arbitration is a process in which parsons with a dispute: (a) waive their rights to file a
lawsuit and proceed in court and to have: a jury trial to resolve their disputes; and (b} agree, instead, ta submit their disputes to a neutral third
person (an "arbitrator') fer a decision, Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration
discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision
regolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision, We have a policy of arsitrating all
disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right
you may have to participate in an alleged class action, THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Warver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and
include, without limitation (a) all claims, disputes, or controversies arising frem er relating directly or indirectly to the signing of this Arbitration
Frevision, the validity and Scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision: (b) all federal or state
law claims, disputes or controversies, arising from or relating directly or indiractly to the Note, the informstion you gave us before entering into this
Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims,
cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, freud, or ether intentional torts; (2) all claims based upon @
violation of any state or federal constitution, statute or regulation; {1} all claims asserted by us against you, including claims for money damages to
collect any sum we claim you ewe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers,
shareholders, governers, managers, members, parent compary or affiliated entitias (hereinafter collectively rafarred to as "related third parties"),
including claims for monay damages and/or equitable or injunctive relief; (h) all claime asserted on your behalf by another person; ¢i) all claims
asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against
us and/er related third parties (hereinatter referred to ag "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to
the disclosure by us or related third parties of any non-public personel information about you.
1, You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD:
PARTIES;
{b} YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST
US OR RELATED THIRD PARTIES; and
(c} YOU ARE GIVING UP YGUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US
2, Excapt as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved
by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS,
THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY GTHER
REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their
intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who
demands arbitration, you shall have the right to select any of the follawing arbitration organizations to administer the arbitration: the American
Arbitration Association http://wwwe.adr.org or JAMS (1-800-252-5267) http://www. jamsadr.com. The parties may elso agree to select an arbitrator
who resides within your federal judicial district who is an attcrney, retired judge, or arbitrator registered and in good standing with an arbitration
association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail
ratum receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you
have selected or whether you desire to select a local arbitrator. [f related third parties or we demand arbitration, you must notify us within twenty
(20) days in writing by certified mail return receipt requested of your decision te select an arbitration organization, If you fail to notify us, then we
have the right to select an arbitration organization. The parties to such dispute will b= governed by the rules and procedures of such arbitration
erganization applicable to consumer disputes, to the extent those rules and procedures de not contradict the express terms of this Arbitration
Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration
organization listed above. [f neither the American Arbitration Association nor JAMS is available ar willing to administer the arbitration and the parties
cannot agree on a lecal arbitrator, then an arbitrator can be appointed by a court consistent with Section 5 of the FAA,
4, Regardless of whe demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative,
hearing and arbitrator's fees ¢‘Arbitration Fees"). Throughout the arbitration, each perty shall bear his or her own attorney's fees and expenses, such
as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and apalicable statutes of
limitation, and shall honcr claims of privilege recognized at law. Any arbitration hearing will be conducted in the federal judicial district of your
rasidence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar ta a mation to cismiss for failure to state a
claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil
procedure or evidence. If allowed by statute or applicable law, the arbitrator mey award statutory damages and/or reasonable attorney's fees and
expenses, If the arbitrator randere a decision or an award in your favor resolving the dispute, wa will reimburse you fer any Arbitration Fees you have
previously paid, At the timely request of any party, the arbitrator shall provide @ written explanation for the award, The arbitrator's award may be filed
with any court having jurisdiction.
§. All parties, including related third parties, shell retain the right to seek adjudication in a small claims tribunal in the county of your residence for
disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal,
shall be resolved by binding arsitration. Any appeal ef a judgment from a small claims tribunal shall be rescived by binding arbitration
6. This Arbitration Provision is made pursuant to @ transaction involving interstate commerce and shall be governed by the FAA.
7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon
and benefits us, our successors end assigns, and related third parties. This Arbitration Provision continues in full force and effect, ewen if your
obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration
or performance of any transaction between you and us and continues in full force and effect unless you and wa otherwise agree in writing. Except for
the waivers of representative actions contained in paragraphs 1{c} and 2, if any of this Arbitration Provision is held invalid, the remainder shall remain
in effect. If the waivers of representative actions 2re held invalid, then this arbitration provision will be deemed null and void
OPT-GUT PROCESS:
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this
Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration
Opt-Out, Loanme, Inc., 1900 5, State College givd., Suite 200, Anaheim, CA 92806. Your written notice must include your name, address, account
number or social security number and a statement that you wish to opt out of this Arbitration Provision.
| M [rou CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE OUND TG ITS TERMS,
Payments. You have praviously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from
the bank account identified on your Application {the "Bank Account") to make each payment required hereunder on the day it is due. You also
authorize us to initiate an EFT to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt
such paymant up to one additional time. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not
liable for such charges. You have the right to notice of all transfars of amounts differant from your regular payment, but you agree to raceive notice
10 days pricr to any given transfer only if the amount to be transferred varies by more than #50 from your regular payment amount. You also
authorize us to withdraw funds frem your accaunt en additional days thraugheut the month in the event you are delinquent on your loan payments
Your request and authorization for us to initiate EFTs is entirely voluntary, and you may terminate this authorization by neifying us in writing via fax
444-804-7368) or email {customer.serviced@LeanMe.com) soon enough to allow us @ reasonable opportunity te act on your termination (generally at
least three business days in advance). You may also terminate your authorization for us to initiate EFTs directly with the financial institution at which
your Bank Account is located
gy signing this promissory note, you also authorize us to obtain payments from your gank Account by creating and processing paper checks {each a
"Check") in place of initiating any or all of the EFTs described above. Each Check will be in the amount of the payment that would have been initiated
as an EFT, and each Check will be deposited by us for procesaing on or after tha same day that the payment would have been initiated as an EFT.
we will type your name in the signature line of each Check, and you agree that your typed name constitutes your authorized signature. You
acknowledge that an electronic image of each Chack may be created and processed as a substitute check pursuant te the Check 21 Act. If you
terminate your EFT authorization as described abowe, this authorization to create Checks will also terminate. You may also cancel by notifying your
financial institution orally or in writing at least three business days before the scheduled date of any transfer,
THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE.
EVEN THOUGH THE TERM OF THE LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TQ PAY GFF THE LOAN AS SOON AS POSSIBLE. YOU
HAVE THE RIGHT FO PAY OFF ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER,
BE REQUIRED TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE.
[ [You CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN_
fq [YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON THIS LOAN (Click hare to view) AND ARE
ABLE TO REPAY THE LOAN PURSUANT TO ITS TERMS.
YOU ARE NOT AWARE OF ANY CIRCUMSTANCES THAT MIGHT CAUSE YOU TO FILE FOR BANKRUPTCY PROTECTION DURING THE TWELVE
4 642) MONTHS FOLLOWING THE EXECUTION OF THIS NOTE.
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS GF THIS PROMISSORY NOTE AND DISCLOSURE STATEMENT AND AGREE TO BE
|BOUND BY IFS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EXECUTION GF THIS NOTE SHALL HAVE THE SAME LEGAL FORCE AND
EFFECT AS A PAPER CONTRACT.
This Loan Is Made Pursuant Te The Califemia Finance Lender Law, Division 9 (commencing with Section 22000) of the
Financial Code. FOR INFORMATION, CONTACT FHE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF
CALIFORNIA, LICENSE NO. 603-K061.
EXHIBIT “B”
eb!eb:
DMP
Janapement Partners
Purchese Agreement sev 233
EXHIBIT D
ASSIGNMENT AND BILL OF SALE
Debt Management Partners, LLC. ("Seller"), has entered into a Charged-Off Receivables
Purchase Agreement dated December 27th, 2021 ("Agreement") for the sale of Accounts
described in Exhibit A thereof to Accelerated Portfolio. (“Purchaser”) upon the terms and
conditions set forth in that Agreement.
NOW, THEREFORE, upon receipt of immediately available and liquid funds, Seller hereby sells,
assigns and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and
interest in each and every one of the Accounts described in the Agreement.
te of the residential
tire,
“Accounts” means accounts where last kno
address is in National File with a face value of
Purchaser and Seller agree that the Purchase Price shall be as stated in "Exhibit B", the Closing
Statement of the Agreement.
IN WITNESS WHEREOF,
Seller has signed and delivered this instrument on the 27th day of December, 2021.
Page 13 of 13
800.883.9067 © 6400 Sheridan Drive @ Suite 100 © Williamsville, New York # 14221
DocuSign Envelope ID. 7OC7EEGF-76B9-4CF
2-81 BB-OCSBE46297D7
EXHIBIT B
BILL OF SALE & ASSIGNMENT OF
NON- PERFORMING LOANS & CONTRACTS RIGHTS
LoanMe, Ine. (collectively, “ASSIGNOR”), for and in consideration of the sum o accounts with
a Princip a 3 (charge off balance) and (price) of the Principal Balance
equals $_: (pure! hase amout) hereby absolutely SELLS, TRANSFERS, AND ASSIGNS TO,
_Deht Management Partners, LLC (“ASSIGN ):
(a) All ot Assignor’s right, title and interest, in and to each of the promissory notes or other evidence
of indebtedness for each of the loans identified in the oan schedule (“Loan Schedule”) atlached
hercio as Exhibit A’, (the “Loans”), and together with al. ht, title and interest of Assignor in: (i)
all instruments, documents, agreements, certificates and légal opinions executed in connection with
the Loaus, as defined in the Purchase Agreement (defined below) (ii) all collaterad (whether real or
personal propery) currently pledged in connection with the Loans (iii) any judgements founded
upon such promissory note or other evidence of indebtedness and any lien extent attributable to
stich promissory note or other evidence of indebtedness and any lien arising there from; (iv) any
applicable insurance proceeds and condemnation awards related to the Loans which are received
by Assignor on or afier the “Cit-Off-Date™ or which relate to rights accrued by Assignoron or after
such date and (v) am jaim, demand or legal proceeding with respect te such promissory note or
other evidence of indebtedness or any collateral for any of the Loans, forming the subject matter of
any litigation or bankruptcy to which Assignor is a company, but not including any rights, causes
of action or delenses peculiar to Assignor under any federal or state statute or rule of law: and
(b) Ali principal, interest or other proceeds of any hind and with respect lo the Loans reecived on or
after the Cut-off Date (inc}uding but not limtied to proceeds derived from the conversion, voluntary
or involuntary, cf any of the Loans into cash or other higuidated property}, but excluding any
payment or other consideration received by ar on behalf of Assignor with respect to the Loans
(except as stated in Section $.3 of the Purchase Agreement) regardless of whether timely paid.
Assignor hereby represents and warrants that Ass ignor is the owner and holder of the promissory note or
other evidence of indebtedness for gach of the loans. F cept tor the foregoing representation and warranty,
the sale, transfer and assignment made hereby is made without recourse or express or implied represenation
or warranty of (i) the collectability of any loan, (ii) “fitness for a particular purpose”, (iii) “merchantability”,
(iv) the enforceability of any promis: ry note or other evidence of indebtedness, or (¥) any other type or
DocuSign Envelope 10 7DC7EE0F -76H9-4CF 2-8 18B-0CSBE4629 7L/
kind regardless of whether such representation or warranty would arise by statute, at comon taw or
otherwise, except as provided for in the Purchase Agreement,
This Bill of Sale and Assignment of Loans is executed to the eflect the Sale of the Loans pursuant to that
certain Purchase and Sale Agreement (“Purchase Agreement”) executed by and between Assignor and
A ignec and the sale assignment made hereunder are made subject to all of the terms and conditions of the
Purchase Agreement.
May 7, 2021
Dated:
Assignor: LoanMe, Inc,
Jowratlran Williams
By:
=
Jonathan Withams
CEO
Preview
BRYANT BURNSTAD, SBN 297286 Electronically Filed RESURGENCE LEGAL GROUP, PC 2/13/2024 9:29 AM 10805 Holder Street, Suite 167 Superior Court of California Cypress, CA 90630 County of Stanislaus (T) 877/440-0860 (F) 714/226-0024 Clerk of the Court EMAIL: CAAttorney@ResurgenceLegal.com By: Raquel Enriquez, Deputy $181 PAID Refer to File Number: TP131777 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS, MODESTO CENTRAL JUDICIAL DISTRICT CITY TOWERS BUILDING CV-24-001133 10 ACCELERATED PORTFOLIO INC, ) CASE NO. 11 Plaintiff, COMPLAINT FOR MONEY Vv. 1. Account Stated 12 2. Open Book Account MICHAEL PARREIRA, 3. Indebtedness 13 and DOES | through 15 inclusive, Limited Jurisdiction 14 Defendant(s). [Demand Amount: $2,558.76] 15 ‘This case nas been assigned to JudgeMayne, JohnR 16 Department "for all purposes including Tri. 17 18 GENERAL ALLEGATIONS 19 1. At all times mentioned herein, Plaintiff ACCELERATED PORTFOLIO INC was, and now is a 20 LIMITED LIABILITY COMPANY, duly organized and existing under and by virtue of the state of its 21 formation and at all times herein and is successor-in-interest of LOANME INC, and is qualified to 22 conduct business in the State of California. Plaintiff is a debt buyer and sole owner of account. 23 2. The true names and capacities of Defendant(s), DOES 1 through 15, inclusive, are unknown to 24 Plaintiff at this time, who therefore sues said Defendant(s) by such fictitious names. Plaintiff is 25 informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for 26 each and every obligation hereinafter set forth. 27 3. Plaintiff is informed and believes, and thereon alleges, that each Defendant named in this 28 Complaint, was and at all times herein mentioned, and now is, the agent and employee of each of the 1 COMPLAINT FOR MONEY other Defendant(s) herein, and was at all times acting within the course and scope of said agency and employment. 4. Plaintiff alleges that the Defendant(s), or some of them, reside in the above-cited Judicial District. The obligation sued upon is not commercial in nature and is not subject to the provisions of Civil Code, §2984.4, nor Civil Code, §1812.10. 5. Defendant(s), and each of them, requested a line of credit (the "Account") from the original credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s). 6. Defendant(s) incurred this debt by defaulting on the Contract by failing to pay the agreed upon payments. A copy of the Contract is attached as Exhibit "A" and incorporated by reference to this 10 complaint. 11 7. The charge-off creditor was LOANME INC, 1900 S STATE COLLEGE BLVD STE 300, 12 ANAHEIM CA 92806 and account number at time of charge-off was ***6830. 13 8. The name(s) and last known address(es) of Defendant(s) as they appeared in the charge-off 14 creditor's records prior to the sale of the debt, or for debt sold prior to January 1, 2014, the name and 15 last known address of Defendant as they appeared in the debt owner's records on December 31, 2013 16 was MICHAEL PARREIRA, 2300 DREW AVE, TURLOCK CA 95382. 17 9. The names and addresses of all persons or entities that purchased or were assigned the debt after 18 charge-off are: 19 Name Address 20 ACCELERATED PORTFOLIO INC 39 MONETTE PKWY, SMITHFIELD VA 23430 21 Attached hereto collectively as Exhibit "B" are true and correct copies of said transfers and are 22 incorporated herein by reference. 23 10. Plaintiff has complied with California Civil Code section 1788.52. 24 11. Defendant(s), and each of them, defaulted on the account by failing to make payments, causing 25 damages set forth herein. The date of last payment is December 31, 2020. The charge-off creditor duly 26 performed or was excused from performing all terms and conditions of said Agreement on its part to 27 be performed. 28 12. The balance at charge-off was $2,558.76. The total amount of interest after charge-off was 2 COMPLAINT FOR MONEY $0.00. The total amount of fees after charge-off was $0.00. The total amount of credits after charge-off was $0.00. 13. Demand has been made on Defendant(s), and each of them, for the payment of $2,558.76 due. FIRST CAUSE OF ACTION (Account Stated) 14. Plaintiff refers to Paragraphs | through 13, and by this reference incorporates the same herein as though fully set forth. 15. Within the last four years, an account was stated by and between the charge off creditor and Defendant(s), and each of them, wherein it stated that said Defendant(s), and each of them, were 10 indebted to the charge off creditor in the sum of $2,558.76. Plaintiffis the current holder and assignee 11 of the Account. 12 SECOND CAUSE OF ACTION 13 (Open Book Account) 14 16. Plaintiff refers to Paragraphs | through 15, and by this reference incorporates the same herein 15 as though fully set forth. 16 17. Within the last four years, Defendant(s), and each of them, became indebted to the charge-off 17 creditor on an open book account for $2,558.76 due. The open book account reflected all the credits 18 and debits involved in the financial transaction(s) between charge-off creditor and Defendant(s) in the 19 Account. Plaintiffis the current holder and assignee of the Account. 20 21 22 23 24 25 26 27 28 3 COMPLAINT FOR MONEY 1 THIRD CAUSE OF ACTION 2 (Indebtedness) 3 18. Plaintiff refers to Paragraphs | through 17, inclusive of the First Cause of Action, and by this 4 reference incorporates the same herein as though fully set forth. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them as follows: AS TO ALL CAUSES OF ACTION: 1 For the sum of $2,558.76; 2. For costs of suit incurred herein; and, 3. For such other further reliefas the Court may deem just and proper. 10 DATED: 11 J anuary 31, 2024 RESURGENCE LEGAL GROUP, PC 12 By: @B 13 ®& BRYANT BURNSTAD, SBN 297286 14 Attorney for Plaintiff 15 California Debt Collection License #10749-99. 16 This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. 17 18 19 20 21 22 23 24 25 26 27 28 4 COMPLAINT FOR MONEY EXHIBIT “A” LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT Loan No.: EE. Date of Note: August 20, 2019 Expected Funding Date: August 20, 2019 Lender: LoanMe, Inc. Borrower: MICHAEL PARREIRA Address: 1900 S, State College Boulevard Suite 300 Address: 2300 DREW AVE Anaheim, CA 92806 TURLOCK, CA 95382 In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your’ mean the persen signing as a borrawer. "We, us,", and "our," mean LoanMe, Inc, and any subsequent holder of this Note FRUTH IN LENDING ACT DISCLOSURE STATEMENT ANNUAL AMOUNT FINANCED TOTAL OF PAYMENTS FINANCE CHARGE PERCENTAGE RATE The cost of your cradit as a yearly| The dollar amount the credit The amount of credit The amount you will have paid after all rate wall cost your Provided éo you payments are made as schedeted 182.95 % $15,968.33 $2,575.00 $18,393.33 PAYMENT SCHEDULE Gne payment of $543.54 on Gctober 01, 2019. 45 monthly payments of $388.40 beginning on November 01, 2019 One payment of $271.79 on August 01, 2023. Annual Percentage Rate: The Annual Percentage Rate ("APR") on this loan is calculated based on a 360 day year. Late Charge: If a payment is 15 days late, you will be charged $15.00, Prepayment: If you pay off this loan early, you will not have to pay any penalty. Please see the remainder of this document for additional information about nonpayment, default and any required repayment in full before the scheduled date. ITEMIZATION OF AMOUNT FINANCED Amount Financed: $2,525.00 Amount Paid to Borrower Directly: $2,525.00 Prepaid Finance Charge/Origination Fee: |$75.00 PROMISSORY NOTE AND ARBITRATION AGREEMENT This Note, including any and ail signatures herete, is in onginal format an electronic document created Jn accordance with the Fiectronic Signatures in Giobal and National Commerce Act (E-SIGN) and cther applicable laws and regulations, and that the one, true original Note is retained electronically by us. Ai other versions hereof, whether electronic or in tangible format, constitute facsimiles or reproductions only. FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder of this Note the sum of $2,600.00, together with interest calculated at 179.00 @ ("Note Rate") and any outstanding charges ar late fees, until the full amount of this Nate is paid Your interest is calculated on 2 260/369 simple interest basis. This means that interest is calculated by dividing the annual Note Rate disclosed above by 360, multiplying thet number by the outstending principal balance, and multiplying that number by the number of days the principal balance is outstanding, assuming that each full month is comprised of 30 days. Your payments will be applied as of the date received, first to accrued interest, then to the grincipal payment that is due, then to any outstanding charges or |ate fees, and finally te any remaining principal nat yet dua, The payment schedule disclosed above is only an estimate and may change in the event you do not make all seyments as scheduled, If a payment is not sufficient bo pay interest then dug, the unpaid interest will be billed again with the new principal end interest on the next scheduled payment. A principal-anly payment is known as a "Prepayment." We will not treat a payment as a Prepayment unless you previously made all monthly payments of principal and interest and fully paid and satisfied all ther obligations under this Note. If you meet these conditions, you may make a full or partial Prepayment, We will apply any partial Prepayment you make to reduce the principal due on the Note as of the date we receive the Prepayment. You may make a full Prepayment or partial Prepayment at any time without penalty. A partial Prepayment will not change the due dates or amounts of yeur monthiy payments, but may reduce the number of payments ane the amount of your final payment. we do not intend to charge or collect any interast, charge, or fee that is more than the law allows. IF wa charge or collact any amount over what the law allows, we will apply the excess first to the unpaid scheduled monthly payments, and we will refund any excess if you have paid in full all amounts You ewe under this Note. Any amount applied te unpaid scheduled monthly payments will be treated as a partial prepayment THE MATURITY DATE {IF NOT PREPAID) GF THIS LOAN IS: August 01, 2023, You will be subject to a fee of $15 if any payment you make is returned for nen-sufficient funds. If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace period, to declare this Note to be immediately due and payable. For loans above $10,000, if you file for an assignment fer the benefit of creditors, bankruptcy, or for relief under any provisions of the United States Bankruptcy Code, we shall have the right te declara this Note to be immediately due and payable. Far loans in excess of $5,000, in the event that we are required ta employ an attorney at law to collect any amounts due under this Note, you will be required to pay the reasonable fees of such attarney to protect our interest or to take any other action required te collect the amaunts due hereunder to the extent permitted by law. You agree that all payments made more than (15) days of the due date shall be subject to a late fee of $15.00, The loan fee included in the prepaid finance charge/loan fee disclosed above is fully eared upon loan origination, and is not subject to rebate upon prepayment or acceleration of this Note and is not considered interest. This loan is unsecured and therefere not secured by any of your collateral. We may delay or forgo enforcing any of ite rights or remedies under this Nate without losing them. You hereby, to the extant allowad by law, waive any epplicable presentment, demand for payment, or protest and notice of dishonor. Upen any change in the terms of this Note, and unless otherwise expressly stated in writing, ne party who signs this Note, whether 2s maker, guarantor, accommedation maker or endorser, shall be released from liability. This Note shall take affect as a cealed instrument. This Note will be governed by tha laws of the State of California except to the extent governed by federal law applicable to interstate commerce, including, without limitation, the Federal Arbitration Act, 9 U.S.C. §§ 1-6 ("FAA" You understand that you have previously consented te receive all communications from us, including but not limited to, all required disclosures via electronic mail. This means that all communications from us will be delivered in electronic form. You understand and agree that we may obtain credit reports on you an ongoing basis as long as this lozn remains in effect. You also authorize us to report information concerning your account to credit bureaus and to anyone else we believe in good faith has a legitimate need for auch information. You understand that, ‘rom time to time, we may moniter or record telephone calls between you and us. You hereby expressly consent to have your calls monitored or recorded. You agree that we can contact you using any telaphone number(s} that you provide us in this credit application, that you provide to us in the future, or that we get from another source, even if the number is for a mobile teleahone and/or our using the number results in charges to you by your mosile service provider, You also agree that we may leave an autodialed er prerecorded message or use other technology to make that contact. You further agree that if you gave us a mobile phone number in your egplication, or if you later gave us a mobile phone number, or if we get @ mobile phone number for you from another source, we may contact you by text message on that mabile phone regarding your account, notwithstanding the fact that there is a possibility that 4 third party may see our text message to you, and you represent that any mobile phone number you gave us or will give us is your mobile phone number alone. You may cancel this consent by providing us with nctice in writing. A married or registered demestic partner applicant may apply for a separate account. As required by law, you are hereby notified that 2 negative credit report reflacting on your credit record may 5e submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we take any adverse action as defined by Secticn 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report frem the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. ‘You have the rignt 2s described by Section 1785.16 of the California Civil Code te dispute the accuracy er completeness of any infermatien in a consumer credit repert furnished by tne consumer credit reparting agency. This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. Any modifications to this Agreement must be mace in writing and signed by both parties. ARBITRATIGN PROVISION WAIVER OF JURY TRIAL AND ARBITRATION PROVISION, Arbitration is a process in which parsons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have: a jury trial to resolve their disputes; and (b} agree, instead, ta submit their disputes to a neutral third person (an "arbitrator') fer a decision, Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision regolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision, We have a policy of arsitrating all disputes with customers which cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration Provision and any right you may have to participate in an alleged class action, THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: For purposes of this Warver of Jury Trial and Arbitration Provision, the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising frem er relating directly or indirectly to the signing of this Arbitration Frevision, the validity and Scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision: (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indiractly to the Note, the informstion you gave us before entering into this Agreement, including the customer information application, and/or any past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, freud, or ether intentional torts; (2) all claims based upon @ violation of any state or federal constitution, statute or regulation; {1} all claims asserted by us against you, including claims for money damages to collect any sum we claim you ewe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, governers, managers, members, parent compary or affiliated entitias (hereinafter collectively rafarred to as "related third parties"), including claims for monay damages and/or equitable or injunctive relief; (h) all claime asserted on your behalf by another person; ¢i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/er related third parties (hereinatter referred to ag "Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personel information about you. 1, You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD: PARTIES; {b} YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and (c} YOU ARE GIVING UP YGUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US 2, Excapt as provided in Paragraph 5 below, all disputes including any Representative Claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY GTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 3. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select any of the follawing arbitration organizations to administer the arbitration: the American Arbitration Association http://wwwe.adr.org or JAMS (1-800-252-5267) http://www. jamsadr.com. The parties may elso agree to select an arbitrator who resides within your federal judicial district who is an attcrney, retired judge, or arbitrator registered and in good standing with an arbitration association, and arbitrate in accordance with such arbitrator's rules. The party receiving notice of arbitration will respond in writing by certified mail ratum receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. [f related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision te select an arbitration organization, If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will b= governed by the rules and procedures of such arbitration erganization applicable to consumer disputes, to the extent those rules and procedures de not contradict the express terms of this Arbitration Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above. [f neither the American Arbitration Association nor JAMS is available ar willing to administer the arbitration and the parties cannot agree on a lecal arbitrator, then an arbitrator can be appointed by a court consistent with Section 5 of the FAA, 4, Regardless of whe demands arbitration, at your request we will pay your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ¢‘Arbitration Fees"). Throughout the arbitration, each perty shall bear his or her own attorney's fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the FAA, and apalicable statutes of limitation, and shall honcr claims of privilege recognized at law. Any arbitration hearing will be conducted in the federal judicial district of your rasidence. The arbitrator may decide, with or without a hearing, any motion that is substantially similar ta a mation to cismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator mey award statutory damages and/or reasonable attorney's fees and expenses, If the arbitrator randere a decision or an award in your favor resolving the dispute, wa will reimburse you fer any Arbitration Fees you have previously paid, At the timely request of any party, the arbitrator shall provide @ written explanation for the award, The arbitrator's award may be filed with any court having jurisdiction. §. All parties, including related third parties, shell retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal's jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arsitration. Any appeal ef a judgment from a small claims tribunal shall be rescived by binding arbitration 6. This Arbitration Provision is made pursuant to @ transaction involving interstate commerce and shall be governed by the FAA. 7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors end assigns, and related third parties. This Arbitration Provision continues in full force and effect, ewen if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and wa otherwise agree in writing. Except for the waivers of representative actions contained in paragraphs 1{c} and 2, if any of this Arbitration Provision is held invalid, the remainder shall remain in effect. If the waivers of representative actions 2re held invalid, then this arbitration provision will be deemed null and void OPT-GUT PROCESS: You may choose to opt out of the Arbitration Provision, but only by following the process set-forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Note at the following address: Arbitration Opt-Out, Loanme, Inc., 1900 5, State College givd., Suite 200, Anaheim, CA 92806. Your written notice must include your name, address, account number or social security number and a statement that you wish to opt out of this Arbitration Provision. | M [rou CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE OUND TG ITS TERMS, Payments. You have praviously authorized and requested us to initiate an automated clearinghouse or other electronic funds transfer ("EFT") from the bank account identified on your Application {the "Bank Account") to make each payment required hereunder on the day it is due. You also authorize us to initiate an EFT to or from the Bank Account to correct any erroneous payment and, in the event any EFT is unsuccessful, to attempt such paymant up to one additional time. You understand that unsuccessful EFTs may result in charges by your bank, and you agree that we are not liable for such charges. You have the right to notice of all transfars of amounts differant from your regular payment, but you agree to raceive notice 10 days pricr to any given transfer only if the amount to be transferred varies by more than #50 from your regular payment amount. You also authorize us to withdraw funds frem your accaunt en additional days thraugheut the month in the event you are delinquent on your loan payments Your request and authorization for us to initiate EFTs is entirely voluntary, and you may terminate this authorization by neifying us in writing via fax 444-804-7368) or email {customer.serviced@LeanMe.com) soon enough to allow us @ reasonable opportunity te act on your termination (generally at least three business days in advance). You may also terminate your authorization for us to initiate EFTs directly with the financial institution at which your Bank Account is located gy signing this promissory note, you also authorize us to obtain payments from your gank Account by creating and processing paper checks {each a "Check") in place of initiating any or all of the EFTs described above. Each Check will be in the amount of the payment that would have been initiated as an EFT, and each Check will be deposited by us for procesaing on or after tha same day that the payment would have been initiated as an EFT. we will type your name in the signature line of each Check, and you agree that your typed name constitutes your authorized signature. You acknowledge that an electronic image of each Chack may be created and processed as a substitute check pursuant te the Check 21 Act. If you terminate your EFT authorization as described abowe, this authorization to create Checks will also terminate. You may also cancel by notifying your financial institution orally or in writing at least three business days before the scheduled date of any transfer, THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE LOAN IS 47 MONTHS, WE STRONGLY ENCOURAGE YOU TQ PAY GFF THE LOAN AS SOON AS POSSIBLE. YOU HAVE THE RIGHT FO PAY OFF ALL OR ANY PORTION OF THE LOAN AT ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED TO PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE PAYOFF DATE. [ [You CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION WITH THE MAKING OF THIS LOAN_ fq [YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON THIS LOAN (Click hare to view) AND ARE ABLE TO REPAY THE LOAN PURSUANT TO ITS TERMS. YOU ARE NOT AWARE OF ANY CIRCUMSTANCES THAT MIGHT CAUSE YOU TO FILE FOR BANKRUPTCY PROTECTION DURING THE TWELVE 4 642) MONTHS FOLLOWING THE EXECUTION OF THIS NOTE. YOU HAVE READ ALL OF THE TERMS AND CONDITIONS GF THIS PROMISSORY NOTE AND DISCLOSURE STATEMENT AND AGREE TO BE |BOUND BY IFS TERMS. YOU UNDERSTAND AND AGREE THAT YOUR EXECUTION GF THIS NOTE SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT. This Loan Is Made Pursuant Te The Califemia Finance Lender Law, Division 9 (commencing with Section 22000) of the Financial Code. FOR INFORMATION, CONTACT FHE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA, LICENSE NO. 603-K061. EXHIBIT “B” eb!eb: DMP Janapement Partners Purchese Agreement sev 233 EXHIBIT D ASSIGNMENT AND BILL OF SALE Debt Management Partners, LLC. ("Seller"), has entered into a Charged-Off Receivables Purchase Agreement dated December 27th, 2021 ("Agreement") for the sale of Accounts described in Exhibit A thereof to Accelerated Portfolio. (“Purchaser”) upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, upon receipt of immediately available and liquid funds, Seller hereby sells, assigns and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement. te of the residential tire, “Accounts” means accounts where last kno address is in National File with a face value of Purchaser and Seller agree that the Purchase Price shall be as stated in "Exhibit B", the Closing Statement of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 27th day of December, 2021. Page 13 of 13 800.883.9067 © 6400 Sheridan Drive @ Suite 100 © Williamsville, New York # 14221 DocuSign Envelope ID. 7OC7EEGF-76B9-4CF 2-81 BB-OCSBE46297D7 EXHIBIT B BILL OF SALE & ASSIGNMENT OF NON- PERFORMING LOANS & CONTRACTS RIGHTS LoanMe, Ine. (collectively, “ASSIGNOR”), for and in consideration of the sum o accounts with a Princip a 3 (charge off balance) and (price) of the Principal Balance equals $_: (pure! hase amout) hereby absolutely SELLS, TRANSFERS, AND ASSIGNS TO, _Deht Management Partners, LLC (“ASSIGN ): (a) All ot Assignor’s right, title and interest, in and to each of the promissory notes or other evidence of indebtedness for each of the loans identified in the oan schedule (“Loan Schedule”) atlached hercio as Exhibit A’, (the “Loans”), and together with al. ht, title and interest of Assignor in: (i) all instruments, documents, agreements, certificates and légal opinions executed in connection with the Loaus, as defined in the Purchase Agreement (defined below) (ii) all collaterad (whether real or personal propery) currently pledged in connection with the Loans (iii) any judgements founded upon such promissory note or other evidence of indebtedness and any lien extent attributable to stich promissory note or other evidence of indebtedness and any lien arising there from; (iv) any applicable insurance proceeds and condemnation awards related to the Loans which are received by Assignor on or afier the “Cit-Off-Date™ or which relate to rights accrued by Assignoron or after such date and (v) am jaim, demand or legal proceeding with respect te such promissory note or other evidence of indebtedness or any collateral for any of the Loans, forming the subject matter of any litigation or bankruptcy to which Assignor is a company, but not including any rights, causes of action or delenses peculiar to Assignor under any federal or state statute or rule of law: and (b) Ali principal, interest or other proceeds of any hind and with respect lo the Loans reecived on or after the Cut-off Date (inc}uding but not limtied to proceeds derived from the conversion, voluntary or involuntary, cf any of the Loans into cash or other higuidated property}, but excluding any payment or other consideration received by ar on behalf of Assignor with respect to the Loans (except as stated in Section $.3 of the Purchase Agreement) regardless of whether timely paid. Assignor hereby represents and warrants that Ass ignor is the owner and holder of the promissory note or other evidence of indebtedness for gach of the loans. F cept tor the foregoing representation and warranty, the sale, transfer and assignment made hereby is made without recourse or express or implied represenation or warranty of (i) the collectability of any loan, (ii) “fitness for a particular purpose”, (iii) “merchantability”, (iv) the enforceability of any promis: ry note or other evidence of indebtedness, or (¥) any other type or DocuSign Envelope 10 7DC7EE0F -76H9-4CF 2-8 18B-0CSBE4629 7L/ kind regardless of whether such representation or warranty would arise by statute, at comon taw or otherwise, except as provided for in the Purchase Agreement, This Bill of Sale and Assignment of Loans is executed to the eflect the Sale of the Loans pursuant to that certain Purchase and Sale Agreement (“Purchase Agreement”) executed by and between Assignor and A ignec and the sale assignment made hereunder are made subject to all of the terms and conditions of the Purchase Agreement. May 7, 2021 Dated: Assignor: LoanMe, Inc, Jowratlran Williams By: = Jonathan Withams CEO