Preview
System Generated Hearing Date: 1/7/2025 10:00 AM
Location: Court Room 1101
Judge: Allegretti, John Michael
FILED
3/19/2024 9:25 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 3/19/2024 9:25 AM 20241107223
20241107223
Courtroom, 1101
26876592
20241107223
FILED DATE: 3/19/2024 9:25 AM 20241107223
FILED DATE: 3/19/2024 9:25 AM 20241107223
CONSUMER LOAN AGREEMENT AND TRUTH-IN-LENDING ACT DISCLOSURE
NAME AND ADDRESS OF BORROWER LOAN NUMBER
HATTIE LESTER 01421439
FILED DATE: 3/19/2024 9:25 AM 20241107223
LENDER 7124 S California Ave
AmeriCash Loans, L.L.C. dba AmeriCashLoans.net Chicago, IL 60629 DATE OF THIS NOTE
2400 East Devon Avenue Suite 300 05/06/2020
Des Plaines, Illinois 60018 SOCIAL SECURITY
Phone (888) 907-4227 • Fax (847) 635-7124 XXX-XX-6110
http://www.americashloans.net
FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT
ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
PERCENTAGE RATE
The amount of credit provided to The amount you will have paid
The cost of your credit as a The dollar amount the credit will you or on your behalf. after you have made all
yearly rate. cost you. payments as scheduled.
396.6523% $1,079.74 $800.00 $1,879.74
PAYMENT SCHEDULE: Nº of Payments Amount of Payments Payments are Due Bi-Weekly
1 $221.60
11 $150.74 Beginning 05/29/2020
Last Payment (Maturity) is Due: 10/30/2020
PREPAYMENT: If you pay off this Loan early you will not have to pay a penalty and may be entitled to a refund of part of the
Finance Charge.
SECURITY: Your Wage Assignment and Electronic Fund Transfer Authorization are security for this loan.
See the terms below for any additional information about nonpayment, default, and prepayment refunds and penalties.
Itemization of Amount Financed of: $800.00 Amount paid to others on your behalf: N/A
Amount paid on your account: $0.00 To: N/A
Amount given to you directly: $800.00 To: N/A
In this Agreement, the words “Borrower,” “you,” and “your” refer to the customer(s) signing below, and “Lender,”
“we,” “us,” and “our” refer to AmeriCash Loans, L.L.C. dba AmeriCashLoans.net at 2400 East Devon Avenue Suite
300, Des Plaines, IL 60018.
PROMISE TO PAY: Lender and Borrower enter into this Consumer Loan Agreement (“Agreement”) for an
Installment Payday Loan (the “Loan”) pursuant to the Illinois Payday Loan Reform Act (815 Ill. Comp. Stat. 122/1-
1 et seq.). You promise to pay the “Total of Payments”, which consists of U.S. $800.00 (the “Principal”), plus interest,
to the order of AmeriCashLoans.net in accordance with the payment schedule above in the Federal Truth-in-
Lending Disclosure Statement. You understand that all payments received on this Agreement shall be applied first
to the payment of interest accrued through the date the payment is made and any amount remaining after
application to interest shall be applied to the reduction of unpaid principal. Any payment in excess that may occur
at the end of the loan shall first be applied to any unpaid collection balances or fees before any refund is issued.
Once the refund has been confirmed for release, it will be issued to you, unless that refund is less than $1.00.
DELIVERY OF LOAN PROCEEDS: We deliver the proceeds of this loan directly to you by company check or
directly to Your Bank Account by ACH Credit or by EFT debit networks, unless the proceeds are used to repay an
existing obligation to us. If to Your Bank Account, you hereby voluntarily authorize us, our successors or assigns,
to initiate an automatic credit entry or deposit via EFT debit networks, as applicable, to your banking account.
We will provide you with a check or use commercially reasonable efforts to deliver the proceeds into Your Bank
Account on 05/07/2020, (“Disbursement Date”), unless this is a refinancing transaction and the proceeds are applied
to pay off your outstanding loan with us. If this is a refinancing, the Disbursement Date shall be the date of this
Agreement. We rely on the representations of you and other third parties in making disclosures to you. Unavoidable
delays as a result of inadvertent processing errors and/or “acts of God” may extend the time for the deposit. We will
begin to earn the Finance Charge on the Disbursement Date.
Loan Number 01421439
INTEREST AND PAYMENT: You promise to pay us the principal amount of $800.00 (“Principal”) plus interest and
other permitted charges. We calculate and you agree we earn interest at the rate of 403.0000% per annum on the
unpaid principal balance until paid in full. Interest on this Note will be computed based upon a 364 day year for the
actual number of days elapsed. The Principal Amount is the amount paid to you or paid to your account or to others
on your behalf. Interest will accrue beginning on the Disbursement Date and will accrue until the final Payment Date
FILED DATE: 3/19/2024 9:25 AM 20241107223
(“Maturity Date”). You agree to make payments as outlined above. Time is of the essence. If any Payment Date
falls on a date we are not open for business, then you agree to pay us on the next business day, and we will credit
such payment as if we received it on the appropriate Payment Date.
RESCISSION: You may rescind your loan no later than the end of the second business day immediately following
the date you signed the Agreement. You will not incur any costs, fees or finance charge if you rescind in accordance
with this paragraph. You must inform us in writing that you wish to rescind your loan, and you must pay back the
entire principal loan amount when you rescind.
PREPAYMENT: You may pay your loan in full at any time before the due date without incurring any prepayment
penalty. To make arrangements for a prepayment, you must contact us by email at cs@americashloans.net or
phone at (888) 907-4227. We will then communicate with you to arrange an authorization to debit funds from your
bank account, or make other arrangements for the prepayment.
DEFAULT: You will be in default under this Agreement if you fail to keep any of your promises under this Agreement,
including, but not limited to, your promise to have sufficient funds in Your Account for us to successfully negotiate
the Check or ACH, if one has been provided, if you stop payment on a Check or ACH, or if any information you
provide to us or any representation you make to us is false or misleading. In the event of default, we may exercise
all our rights under the law, including but not limited to accelerating the entire amount due under this Agreement as
allowed by law.
DISHONORED CHECK FEE: If any check, ACH debit or debit card transaction is returned or dishonored, we will
charge you a maximum $25.00 fee pursuant to the Illinois Payday Loan Reform Act (815 Ill. Comp. Stat. 122/2-
10(a)).
GENERAL PROVISIONS: Time is of the essence of this Agreement. This Agreement shall be construed, applied
and governed by the laws of the State of Illinois. The unenforceability or invalidity of any portion of this Agreement
shall not render unenforceable or invalid the remaining portions hereof. Pursuant to Comment 2(a)(25) of the Official
Staff Commentary to Regulation Z §226.2, we are disclosing to you that our interest in your Wage Assignment and
Electronic Fund Transfer Authorization, if applicable, is a security interest for Truth-in-Lending purposes only. This
disclosure is not intended to create a security interest under Illinois law and shall not be evidence that this
transaction is anything other than a transaction authorized by the Illinois Payday Loan Reform Act.
OUR REMEDIES: By choosing any one or more of the remedies provided, we do not give up our right to use another
remedy later. By deciding not to use any remedy if you are in default for a particular event, we do not give up our
right to consider the same event a default if it happens again. We may delay or refrain from enforcing any of our
rights without waiving those rights.
NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR
ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON
YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.
JURY TRIAL WAIVER AND ARBITRATION CLAUSE:
By signing below, you and we agree to the following Jury Trial Waiver and Arbitration Clause (“Clause”):
An
What is In arbitration, a neutral third party arbiter (“Arbiter”) decides disputes in a
alternative
arbitration? hearing (“hearing”).
to court.
Arbitration differs from court and jury trials in many ways. For example, an
Is arbitration
Yes. arbitration hearing is private and less formal than court, and an Arbiter may
different from
limit the parties' right to conduct pre-hearing investigation (called "discovery").
Loan Number 01421439
court and jury Despite such differences, the Arbiter of any Dispute can award the same
trials? damages and relief, and must honor the same terms in this Clause and this
Agreement, as a court would.
Who does this This Clause governs you and us and your and our respective heirs,
You and Us
Clause cover? successors, and assigns (collectively, "parties").
FILED DATE: 3/19/2024 9:25 AM 20241107223
This Clause governs all “Disputes”. For purposes of this Clause, "Disputes"
means any and all claims, controversies and/or disputes arising from or
related in any way to this Agreement as amended from time to time, and/or
the Loan (including without limitation all extensions, renewals, modifications,
refinancings, payment plans and/or collections of or relating to the Loan),
whether arising at law or in equity. The term Disputes also includes without
limitation all claims related to setting aside this Clause and/or about this
Clause's validity and scope, all claims about whether to arbitrate, and all
Which claims that are the subject of class or collective actions. Except for Disputes
Disputes are that are resolved by agreement of the parties or decided in small claims court
All Disputes.
covered by in accordance with this Clause, and except as otherwise provided below in
this Clause? this paragraph, you and we agree that all Disputes shall be resolved by
binding arbitration pursuant to and under the Federal Arbitration Act ("FAA").
Despite any other provision of this Clause, any question as to the validity of
the portion of this Clause that prohibits class and collective arbitration shall be
decided by a court and not by arbitration. In the event that a court decides
that the portion of this Clause that prohibits class and collective arbitration is
unenforceable in any Dispute (and such decision is not reversed on appeal),
the court shall retain jurisdiction over such Dispute and this Clause shall be
null and void with respect to such Dispute.
The rights you are waiving in this Clause include, without limitation,
your rights to:
1. have juries decide Disputes;
Are you 2. have courts decide Disputes, except for having small claims courts
waiving Yes. decide certain Disputes, as discussed below;
rights? 3. serve as a private attorney general or in a representative capacity in
any Dispute; and
4. participate in a class or collective action, as a representative or
member with respect to any Dispute.
UNDER THIS CLAUSE, ARBITERS AND SMALL CLAIMS COURTS
Are you
WON'T ALLOW CLASS OR COLLECTIVE ACTIONS. You waive your rights
waiving class
Yes. to be in a class action or a collective action, as a representative and/or a
and collective
member with respect to any Dispute, whether such Dispute is decided in
action rights?
arbitration or in court.
This Agreement involves interstate commerce, so the FAA governs any
arbitration of any Dispute. If a court finds that the FAA doesn't apply, and the
Does the FAA finding can't be appealed, then your state's law governs. The Arbiter must
Yes.
apply? apply substantive law consistent with the FAA. The Arbiter must follow all
applicable statutes of limitation and apply all applicable common law and
statutory privileges.
We welcome any opportunity to resolve any Dispute by agreement prior to
Can the arbitration or small claims court. If you are interested in attempting to reach
parties try to such resolution, you should contact us with the details of the Dispute and your
resolve Yes. proposal for resolving the Dispute. Despite the above, either party may
Disputes by initiate arbitration in accordance with this Clause or, as applicable, seek relief
agreement? in small claims court. No party will disclose settlement proposals to the
Arbiter during arbitration.
How should Send mail to AmeriCashLoans.net, 2400 East Devon Avenue Suite 300, Des
By mail or
you contact Plaines, IL 60018, or use certified mail to confirm receipt. You can call us at
phone.
us? (888) 907-4227.
Can small Each party may opt to bring any Dispute to a small claims court (rather than
Yes.
claims court arbitration) if that court has the legal authority to resolve the Dispute.
Loan Number 01421439
resolve some However, please note that your waiver in this Clause of class action rights
Disputes? and collective action rights, and the right to a jury trial, for any Dispute applies
to both arbitration and small claims court.
This Clause stays effective unless the parties sign an agreement that
Will this specifically cancels it. Without limiting the above, this Clause governs and
FILED DATE: 3/19/2024 9:25 AM 20241107223
Yes, unless
Clause remains effective if you rescind, default under, renew, prepay, or pay the
otherwise
continue to Loan, and/or if this Agreement is terminated, amended or fully performed, and
agreed.
govern? despite any transaction's termination, amendment, expiration, or
performance.
You can participate in arbitration without representation or you may choose to
Do you need
It is your be represented by an attorney or other authorized representative. Because
an attorney for
choice. arbitration is a final, legally-binding process that impacts your legal rights, you
arbitration?
may wish to consult with an attorney.
Either party may mail the other a demand to arbitrate, even if a lawsuit has
How does
Mailing a been filed. The demand should describe the Dispute and relief sought. The
arbitration
demand. receiving party must mail to the other party a response within 20 days after
start?
receipt of a demand to arbitrate.
If you mail the demand to arbitrate, you may choose American Arbitration
Association (“AAA”) (1-800-778-7879) http://www.adr.org ("AAA") or JAMS (1-
800-352-5267) http://www.jamsadr.com ("JAMS") as the Arbiter, or your
demand may state that you want the parties to choose an attorney, former
judge or other arbiter in good standing with AAA or JAMS ("Local Arbiter") to
serve as the Arbiter. We must mail to you a response to your demand within
twenty (20) days after receiving your demand. If in your demand you select
AAA or JAMS as the Arbiter, then AAA or JAMS, as applicable, shall be the
Arbiter. If in your demand you propose a Local Arbiter, we must, in our
response, either accept such Local Arbiter or propose a different Local
Arbiter. If we fail to do either of those things in our response, then your
proposed Local Arbiter shall be the Arbiter. If we propose a different Local
Arbiter, then you must mail a response to us within ten (10) days after your
receipt of such proposal and in such response you must either accept or
reject our proposed Local Arbiter. If you fail to timely respond to our proposal
or if you accept our proposed Local Arbiter, then our proposed Local Arbiter
shall be the Arbiter. If you timely reject our proposed Local Arbiter, then your
proposed Local Arbiter and our proposed Local Arbiter shall, within ten (10)
AAA, JAMS,
days after our receipt of your rejection, jointly select a third Local Arbiter and
Who or another
such third Local Arbiter shall be the Arbiter.
arbitrates? agreed
If we mail the demand to arbitrate, you must mail to us a response to our
Arbiter.
demand within twenty (20) days after your receipt of our demand. In your
response, you must choose AAA or JAMS as the Arbiter, or propose a Local
Arbiter to serve as the Arbiter. If you fail to do either of those things in your
response or fail to timely respond, then we may, upon written notice mailed to
you no later than forty (40) days after you received our arbitration demand,
choose AAA, JAMS or a Local Arbiter to serve as the Arbiter and such choice
shall be binding on you. If you respond timely to our arbitration demand and
select AAA or JAMS as the Arbiter, then AAA or JAMS, as applicable, shall
be the Arbiter. If you respond timely to our arbitration demand and propose a
Local Arbiter to serve as the Arbiter, then we must mail to you our response
to such proposal within ten (10) days after receiving your proposal and in
such response must either accept such Local Arbiter or propose a different
Local Arbiter. If we fail to do either of those things in our response, or if we
fail to timely respond to such proposal, then your proposed Local Arbiter shall
be the Arbiter. If we timely respond and propose a different Local Arbiter,
then you must mail to us your response within ten (10) days after your receipt
of such proposal and in such response you must either accept or reject our
proposed Local Arbiter. If you fail to timely respond or if you accept our
Loan Number 01421439
proposed Local Arbiter, then our proposed Local Arbiter shall be the Arbiter.
If you timely reject our proposed Local Arbiter, then your proposed Local
Arbiter and our proposed Local Arbiter shall, within ten (10) days after our
receipt of your rejection, jointly select a third Local Arbiter and such third
Local Arbiter shall be the Arbiter.
FILED DATE: 3/19/2024 9:25 AM 20241107223
If none of the above-described options are available, and the parties can't
agree on another option, then either party may petition a court of competent
jurisdiction to appoint an Arbiter.
Must the The Arbiter must arbitrate under AAA or JAMS consumer arbitration rules, as
Arbiter follow selected by the Arbiter. You may obtain copies of AAA and JAMS consumer
AAA or JAMS arbitration rules at the above-referenced websites of AAA and JAMS,
Yes.
consumer respectively. Any arbitration rules that conflict with any of our agreements
arbitration with you, don't apply. The Arbiter must enforce this Agreement and all other
rules? relevant agreements between you and us as they are written.
Will the
hearing be Yes. The Arbiter will order the hearing to be held in the county of your residence.
held nearby?
Judgment upon the Arbiter's decision in any arbitration arising from any
Dispute may be entered in any court having jurisdiction. Except as otherwise
specifically provided below:
1. the Arbiter's decision in any arbitration arising from any Dispute will be
final and binding; and
2. you and we waive all appeal rights with respect to any arbitration decision
or small claims court decision with respect to any Dispute.
If the Arbiter's award exceeds $10,000.00, any party may appeal the Arbiter's
award only by requesting in writing within fifteen (15) days after such award is
entered a new AAA arbitration before a panel of three (3) neutral arbitrators
designated by AAA. The appeal will be de novo, and decided by majority vote
Appeal of such panel. The decision of such panel shall be immediately final and
What about
rights are binding. If the Arbiter's award is equal to or less than $10,000.00 such award
appeals?
limited. shall be final and binding and neither party may appeal it.
Any small claims court judgment with respect to any Dispute may only be
appealed through AAA arbitration. To commence an appeal of any such
small claims court judgment, a party must request AAA arbitration in writing
within fifteen (15) days after such small claims court judgment is entered. If
such AAA arbitration is timely requested, such arbitration shall proceed before
a panel of three neutral arbitrators designated by AAA. The appeal will be de
novo, and decided by majority vote of such panel. The decision of such panel
shall be immediately final and binding.
Except as otherwise specifically provided in this Clause, each party shall bear
its own appeal costs and fees (including without limitation attorneys' fees and
expenses).
Upon your written request in any arbitration initiated by you under this Clause,
we will advance the applicable filing, administrative, hearing and Arbiter's fees
required under AAA or JAMS consumer arbitration rules (depending on which
rules are applicable hereunder) (collectively, "Arbitration Fees"). Except as
Will we otherwise specifically provided in this Clause, we will not advance any of, and
advance you shall be responsible for paying all of, your costs and expenses arising
Yes.
Arbitration from or relating to any arbitration under this Clause from time to time
Fees? (including without limitation your attorneys' fees). We will not advance or
pay any of your costs, fees or expenses in small claims court (including
without limitation your attorneys' fees). In any arbitration initiated by us under
this Clause, we will pay the applicable Arbitration Fees, except as otherwise
provided in this Clause.
Yes, if Except as otherwise provided in this Clause, in arbitration for any Dispute, the
Are damages
allowed by Arbiter may, to the extent permitted by applicable law, award the same
possible?
law. damages and relief as a court.
Loan Number 01421439
Will you pay
Arbitration If the Arbiter awards you funds in arbitration for any Dispute, you are not
No.
FILED DATE: 3/19/2024 9:25 AM 20241107223
Fees if you required to reimburse us for any of the Arbitration Fees for such Dispute.
win?
Will you ever
If the Arbiter doesn't award you funds in arbitration for any Dispute, then you
pay
Yes. may be required to reimburse us the Arbitration Fees for such Dispute, to the
Arbitration
extent determined by the Arbiter and permitted by applicable law.
Fees?
A party may request that the Arbiter explain an arbitration decision relating to
Can an award any Dispute, provided that such request is made within twenty (20) days after
Yes.
be explained? such decision is made. Upon such request, the Arbiter will explain the ruling
in writing.
1. To opt out of arbitration, sign this Agreement and then timely opt-out, as
If you don't Yes. You described in the next box below.
want to can get our 2. You may also possibly avoid arbitration by contacting us and attempting
arbitrate, can services and to settle any Disputes informally, outside of arbitration, provided that this
you still get a decide not sentence shall not limit this Clause in any way.
loan? to arbitrate. 3. You may also seek to resolve Disputes in small-claims court, within
applicable state law limits.
If you wish not to arbitrate all Claims as provided in this Clause, then
you have the right to opt out. To opt out of arbitration, you must deliver
written notice to us within thirty (30) days following the date of this
Agreement. Your notice should include your name, address, account
Can you reject
Yes. number, and date, and state that you “opt out.” Send to attention:
Arbitration?
Arbitration Claims, AmeriCashLoans.net, 2400 East Devon Avenue Suite
300, Des Plaines, IL 60018. This is the only way you can reject this
Clause, and no one may reject on your behalf. If you opt out, it will only
apply to this Clause in this Agreement.
NOTICE
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO INTIATE OR
PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION RELATED TO THIS AGREEMENT.
REPRESENTATIONS AND WARRANTIES: You hereby promise, represent, and warrant as follows: (a) that all
information you have provided to us is accurate; (b) that the bank account on which the Check or ACH authorization,
if one has been provided, is drawn (hereinafter “Your Account”) is a legitimate, open and active account in your
name; (c) that you will not close Your Account or stop payment on the Check or ACH Authorization, if provided,
prior to our negotiating the payment; (d) that you will have sufficient funds in Your Account on and after the
presentment date for a Check or ACH Authorization to be paid, until it is paid; (e) that you have the ability to repay
this loan when due; (f) that you are at least 18 years of age and have the right to enter into this Agreement; and (g)
that you are not currently a debtor under any proceeding in bankruptcy and that you have no intention to file a
petition for relief under any chapter of the United States Bankruptcy Code, and (h) that you acknowledge that you
have read, understand, and agree to all of the terms of this loan agreement, including the Jury Trial Waiver and
Arbitration Clause.
LENDER TERMINATION RIGHT: If, prior to disbursing the Loan proceeds to you, we determine that any of the
information that you have provided to us at any time (whether before, during or after your execution of this
Agreement) is false or misleading, we shall have the right, exercisable in our sole discretion, to terminate this
Agreement immediately upon notice to you. Such termination right is in addition to all of our other rights and
remedies under this Agreement and/or under applicable law.
By typing your name and clicking on the "I accept" button below, you agree to AmeriCash's Statement On
Consumer Consent to the Use of Electronic Transactions, Signatures and Records and you understand
Loan Number 01421439
that do
Preview
System Generated Hearing Date: 1/7/2025 10:00 AM Location: Court Room 1101 Judge: Allegretti, John Michael FILED 3/19/2024 9:25 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 3/19/2024 9:25 AM 20241107223 20241107223 Courtroom, 1101 26876592 20241107223 FILED DATE: 3/19/2024 9:25 AM 20241107223 FILED DATE: 3/19/2024 9:25 AM 20241107223 CONSUMER LOAN AGREEMENT AND TRUTH-IN-LENDING ACT DISCLOSURE NAME AND ADDRESS OF BORROWER LOAN NUMBER HATTIE LESTER 01421439 FILED DATE: 3/19/2024 9:25 AM 20241107223 LENDER 7124 S California Ave AmeriCash Loans, L.L.C. dba AmeriCashLoans.net Chicago, IL 60629 DATE OF THIS NOTE 2400 East Devon Avenue Suite 300 05/06/2020 Des Plaines, Illinois 60018 SOCIAL SECURITY Phone (888) 907-4227 • Fax (847) 635-7124 XXX-XX-6110 http://www.americashloans.net FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS PERCENTAGE RATE The amount of credit provided to The amount you will have paid The cost of your credit as a The dollar amount the credit will you or on your behalf. after you have made all yearly rate. cost you. payments as scheduled. 396.6523% $1,079.74 $800.00 $1,879.74 PAYMENT SCHEDULE: Nº of Payments Amount of Payments Payments are Due Bi-Weekly 1 $221.60 11 $150.74 Beginning 05/29/2020 Last Payment (Maturity) is Due: 10/30/2020 PREPAYMENT: If you pay off this Loan early you will not have to pay a penalty and may be entitled to a refund of part of the Finance Charge. SECURITY: Your Wage Assignment and Electronic Fund Transfer Authorization are security for this loan. See the terms below for any additional information about nonpayment, default, and prepayment refunds and penalties. Itemization of Amount Financed of: $800.00 Amount paid to others on your behalf: N/A Amount paid on your account: $0.00 To: N/A Amount given to you directly: $800.00 To: N/A In this Agreement, the words “Borrower,” “you,” and “your” refer to the customer(s) signing below, and “Lender,” “we,” “us,” and “our” refer to AmeriCash Loans, L.L.C. dba AmeriCashLoans.net at 2400 East Devon Avenue Suite 300, Des Plaines, IL 60018. PROMISE TO PAY: Lender and Borrower enter into this Consumer Loan Agreement (“Agreement”) for an Installment Payday Loan (the “Loan”) pursuant to the Illinois Payday Loan Reform Act (815 Ill. Comp. Stat. 122/1- 1 et seq.). You promise to pay the “Total of Payments”, which consists of U.S. $800.00 (the “Principal”), plus interest, to the order of AmeriCashLoans.net in accordance with the payment schedule above in the Federal Truth-in- Lending Disclosure Statement. You understand that all payments received on this Agreement shall be applied first to the payment of interest accrued through the date the payment is made and any amount remaining after application to interest shall be applied to the reduction of unpaid principal. Any payment in excess that may occur at the end of the loan shall first be applied to any unpaid collection balances or fees before any refund is issued. Once the refund has been confirmed for release, it will be issued to you, unless that refund is less than $1.00. DELIVERY OF LOAN PROCEEDS: We deliver the proceeds of this loan directly to you by company check or directly to Your Bank Account by ACH Credit or by EFT debit networks, unless the proceeds are used to repay an existing obligation to us. If to Your Bank Account, you hereby voluntarily authorize us, our successors or assigns, to initiate an automatic credit entry or deposit via EFT debit networks, as applicable, to your banking account. We will provide you with a check or use commercially reasonable efforts to deliver the proceeds into Your Bank Account on 05/07/2020, (“Disbursement Date”), unless this is a refinancing transaction and the proceeds are applied to pay off your outstanding loan with us. If this is a refinancing, the Disbursement Date shall be the date of this Agreement. We rely on the representations of you and other third parties in making disclosures to you. Unavoidable delays as a result of inadvertent processing errors and/or “acts of God” may extend the time for the deposit. We will begin to earn the Finance Charge on the Disbursement Date. Loan Number 01421439 INTEREST AND PAYMENT: You promise to pay us the principal amount of $800.00 (“Principal”) plus interest and other permitted charges. We calculate and you agree we earn interest at the rate of 403.0000% per annum on the unpaid principal balance until paid in full. Interest on this Note will be computed based upon a 364 day year for the actual number of days elapsed. The Principal Amount is the amount paid to you or paid to your account or to others on your behalf. Interest will accrue beginning on the Disbursement Date and will accrue until the final Payment Date FILED DATE: 3/19/2024 9:25 AM 20241107223 (“Maturity Date”). You agree to make payments as outlined above. Time is of the essence. If any Payment Date falls on a date we are not open for business, then you agree to pay us on the next business day, and we will credit such payment as if we received it on the appropriate Payment Date. RESCISSION: You may rescind your loan no later than the end of the second business day immediately following the date you signed the Agreement. You will not incur any costs, fees or finance charge if you rescind in accordance with this paragraph. You must inform us in writing that you wish to rescind your loan, and you must pay back the entire principal loan amount when you rescind. PREPAYMENT: You may pay your loan in full at any time before the due date without incurring any prepayment penalty. To make arrangements for a prepayment, you must contact us by email at cs@americashloans.net or phone at (888) 907-4227. We will then communicate with you to arrange an authorization to debit funds from your bank account, or make other arrangements for the prepayment. DEFAULT: You will be in default under this Agreement if you fail to keep any of your promises under this Agreement, including, but not limited to, your promise to have sufficient funds in Your Account for us to successfully negotiate the Check or ACH, if one has been provided, if you stop payment on a Check or ACH, or if any information you provide to us or any representation you make to us is false or misleading. In the event of default, we may exercise all our rights under the law, including but not limited to accelerating the entire amount due under this Agreement as allowed by law. DISHONORED CHECK FEE: If any check, ACH debit or debit card transaction is returned or dishonored, we will charge you a maximum $25.00 fee pursuant to the Illinois Payday Loan Reform Act (815 Ill. Comp. Stat. 122/2- 10(a)). GENERAL PROVISIONS: Time is of the essence of this Agreement. This Agreement shall be construed, applied and governed by the laws of the State of Illinois. The unenforceability or invalidity of any portion of this Agreement shall not render unenforceable or invalid the remaining portions hereof. Pursuant to Comment 2(a)(25) of the Official Staff Commentary to Regulation Z §226.2, we are disclosing to you that our interest in your Wage Assignment and Electronic Fund Transfer Authorization, if applicable, is a security interest for Truth-in-Lending purposes only. This disclosure is not intended to create a security interest under Illinois law and shall not be evidence that this transaction is anything other than a transaction authorized by the Illinois Payday Loan Reform Act. OUR REMEDIES: By choosing any one or more of the remedies provided, we do not give up our right to use another remedy later. By deciding not to use any remedy if you are in default for a particular event, we do not give up our right to consider the same event a default if it happens again. We may delay or refrain from enforcing any of our rights without waiving those rights. NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. JURY TRIAL WAIVER AND ARBITRATION CLAUSE: By signing below, you and we agree to the following Jury Trial Waiver and Arbitration Clause (“Clause”): An What is In arbitration, a neutral third party arbiter (“Arbiter”) decides disputes in a alternative arbitration? hearing (“hearing”). to court. Arbitration differs from court and jury trials in many ways. For example, an Is arbitration Yes. arbitration hearing is private and less formal than court, and an Arbiter may different from limit the parties' right to conduct pre-hearing investigation (called "discovery"). Loan Number 01421439 court and jury Despite such differences, the Arbiter of any Dispute can award the same trials? damages and relief, and must honor the same terms in this Clause and this Agreement, as a court would. Who does this This Clause governs you and us and your and our respective heirs, You and Us Clause cover? successors, and assigns (collectively, "parties"). FILED DATE: 3/19/2024 9:25 AM 20241107223 This Clause governs all “Disputes”. For purposes of this Clause, "Disputes" means any and all claims, controversies and/or disputes arising from or related in any way to this Agreement as amended from time to time, and/or the Loan (including without limitation all extensions, renewals, modifications, refinancings, payment plans and/or collections of or relating to the Loan), whether arising at law or in equity. The term Disputes also includes without limitation all claims related to setting aside this Clause and/or about this Clause's validity and scope, all claims about whether to arbitrate, and all Which claims that are the subject of class or collective actions. Except for Disputes Disputes are that are resolved by agreement of the parties or decided in small claims court All Disputes. covered by in accordance with this Clause, and except as otherwise provided below in this Clause? this paragraph, you and we agree that all Disputes shall be resolved by binding arbitration pursuant to and under the Federal Arbitration Act ("FAA"). Despite any other provision of this Clause, any question as to the validity of the portion of this Clause that prohibits class and collective arbitration shall be decided by a court and not by arbitration. In the event that a court decides that the portion of this Clause that prohibits class and collective arbitration is unenforceable in any Dispute (and such decision is not reversed on appeal), the court shall retain jurisdiction over such Dispute and this Clause shall be null and void with respect to such Dispute. The rights you are waiving in this Clause include, without limitation, your rights to: 1. have juries decide Disputes; Are you 2. have courts decide Disputes, except for having small claims courts waiving Yes. decide certain Disputes, as discussed below; rights? 3. serve as a private attorney general or in a representative capacity in any Dispute; and 4. participate in a class or collective action, as a representative or member with respect to any Dispute. UNDER THIS CLAUSE, ARBITERS AND SMALL CLAIMS COURTS Are you WON'T ALLOW CLASS OR COLLECTIVE ACTIONS. You waive your rights waiving class Yes. to be in a class action or a collective action, as a representative and/or a and collective member with respect to any Dispute, whether such Dispute is decided in action rights? arbitration or in court. This Agreement involves interstate commerce, so the FAA governs any arbitration of any Dispute. If a court finds that the FAA doesn't apply, and the Does the FAA finding can't be appealed, then your state's law governs. The Arbiter must Yes. apply? apply substantive law consistent with the FAA. The Arbiter must follow all applicable statutes of limitation and apply all applicable common law and statutory privileges. We welcome any opportunity to resolve any Dispute by agreement prior to Can the arbitration or small claims court. If you are interested in attempting to reach parties try to such resolution, you should contact us with the details of the Dispute and your resolve Yes. proposal for resolving the Dispute. Despite the above, either party may Disputes by initiate arbitration in accordance with this Clause or, as applicable, seek relief agreement? in small claims court. No party will disclose settlement proposals to the Arbiter during arbitration. How should Send mail to AmeriCashLoans.net, 2400 East Devon Avenue Suite 300, Des By mail or you contact Plaines, IL 60018, or use certified mail to confirm receipt. You can call us at phone. us? (888) 907-4227. Can small Each party may opt to bring any Dispute to a small claims court (rather than Yes. claims court arbitration) if that court has the legal authority to resolve the Dispute. Loan Number 01421439 resolve some However, please note that your waiver in this Clause of class action rights Disputes? and collective action rights, and the right to a jury trial, for any Dispute applies to both arbitration and small claims court. This Clause stays effective unless the parties sign an agreement that Will this specifically cancels it. Without limiting the above, this Clause governs and FILED DATE: 3/19/2024 9:25 AM 20241107223 Yes, unless Clause remains effective if you rescind, default under, renew, prepay, or pay the otherwise continue to Loan, and/or if this Agreement is terminated, amended or fully performed, and agreed. govern? despite any transaction's termination, amendment, expiration, or performance. You can participate in arbitration without representation or you may choose to Do you need It is your be represented by an attorney or other authorized representative. Because an attorney for choice. arbitration is a final, legally-binding process that impacts your legal rights, you arbitration? may wish to consult with an attorney. Either party may mail the other a demand to arbitrate, even if a lawsuit has How does Mailing a been filed. The demand should describe the Dispute and relief sought. The arbitration demand. receiving party must mail to the other party a response within 20 days after start? receipt of a demand to arbitrate. If you mail the demand to arbitrate, you may choose American Arbitration Association (“AAA”) (1-800-778-7879) http://www.adr.org ("AAA") or JAMS (1- 800-352-5267) http://www.jamsadr.com ("JAMS") as the Arbiter, or your demand may state that you want the parties to choose an attorney, former judge or other arbiter in good standing with AAA or JAMS ("Local Arbiter") to serve as the Arbiter. We must mail to you a response to your demand within twenty (20) days after receiving your demand. If in your demand you select AAA or JAMS as the Arbiter, then AAA or JAMS, as applicable, shall be the Arbiter. If in your demand you propose a Local Arbiter, we must, in our response, either accept such Local Arbiter or propose a different Local Arbiter. If we fail to do either of those things in our response, then your proposed Local Arbiter shall be the Arbiter. If we propose a different Local Arbiter, then you must mail a response to us within ten (10) days after your receipt of such proposal and in such response you must either accept or reject our proposed Local Arbiter. If you fail to timely respond to our proposal or if you accept our proposed Local Arbiter, then our proposed Local Arbiter shall be the Arbiter. If you timely reject our proposed Local Arbiter, then your proposed Local Arbiter and our proposed Local Arbiter shall, within ten (10) AAA, JAMS, days after our receipt of your rejection, jointly select a third Local Arbiter and Who or another such third Local Arbiter shall be the Arbiter. arbitrates? agreed If we mail the demand to arbitrate, you must mail to us a response to our Arbiter. demand within twenty (20) days after your receipt of our demand. In your response, you must choose AAA or JAMS as the Arbiter, or propose a Local Arbiter to serve as the Arbiter. If you fail to do either of those things in your response or fail to timely respond, then we may, upon written notice mailed to you no later than forty (40) days after you received our arbitration demand, choose AAA, JAMS or a Local Arbiter to serve as the Arbiter and such choice shall be binding on you. If you respond timely to our arbitration demand and select AAA or JAMS as the Arbiter, then AAA or JAMS, as applicable, shall be the Arbiter. If you respond timely to our arbitration demand and propose a Local Arbiter to serve as the Arbiter, then we must mail to you our response to such proposal within ten (10) days after receiving your proposal and in such response must either accept such Local Arbiter or propose a different Local Arbiter. If we fail to do either of those things in our response, or if we fail to timely respond to such proposal, then your proposed Local Arbiter shall be the Arbiter. If we timely respond and propose a different Local Arbiter, then you must mail to us your response within ten (10) days after your receipt of such proposal and in such response you must either accept or reject our proposed Local Arbiter. If you fail to timely respond or if you accept our Loan Number 01421439 proposed Local Arbiter, then our proposed Local Arbiter shall be the Arbiter. If you timely reject our proposed Local Arbiter, then your proposed Local Arbiter and our proposed Local Arbiter shall, within ten (10) days after our receipt of your rejection, jointly select a third Local Arbiter and such third Local Arbiter shall be the Arbiter. FILED DATE: 3/19/2024 9:25 AM 20241107223 If none of the above-described options are available, and the parties can't agree on another option, then either party may petition a court of competent jurisdiction to appoint an Arbiter. Must the The Arbiter must arbitrate under AAA or JAMS consumer arbitration rules, as Arbiter follow selected by the Arbiter. You may obtain copies of AAA and JAMS consumer AAA or JAMS arbitration rules at the above-referenced websites of AAA and JAMS, Yes. consumer respectively. Any arbitration rules that conflict with any of our agreements arbitration with you, don't apply. The Arbiter must enforce this Agreement and all other rules? relevant agreements between you and us as they are written. Will the hearing be Yes. The Arbiter will order the hearing to be held in the county of your residence. held nearby? Judgment upon the Arbiter's decision in any arbitration arising from any Dispute may be entered in any court having jurisdiction. Except as otherwise specifically provided below: 1. the Arbiter's decision in any arbitration arising from any Dispute will be final and binding; and 2. you and we waive all appeal rights with respect to any arbitration decision or small claims court decision with respect to any Dispute. If the Arbiter's award exceeds $10,000.00, any party may appeal the Arbiter's award only by requesting in writing within fifteen (15) days after such award is entered a new AAA arbitration before a panel of three (3) neutral arbitrators designated by AAA. The appeal will be de novo, and decided by majority vote Appeal of such panel. The decision of such panel shall be immediately final and What about rights are binding. If the Arbiter's award is equal to or less than $10,000.00 such award appeals? limited. shall be final and binding and neither party may appeal it. Any small claims court judgment with respect to any Dispute may only be appealed through AAA arbitration. To commence an appeal of any such small claims court judgment, a party must request AAA arbitration in writing within fifteen (15) days after such small claims court judgment is entered. If such AAA arbitration is timely requested, such arbitration shall proceed before a panel of three neutral arbitrators designated by AAA. The appeal will be de novo, and decided by majority vote of such panel. The decision of such panel shall be immediately final and binding. Except as otherwise specifically provided in this Clause, each party shall bear its own appeal costs and fees (including without limitation attorneys' fees and expenses). Upon your written request in any arbitration initiated by you under this Clause, we will advance the applicable filing, administrative, hearing and Arbiter's fees required under AAA or JAMS consumer arbitration rules (depending on which rules are applicable hereunder) (collectively, "Arbitration Fees"). Except as Will we otherwise specifically provided in this Clause, we will not advance any of, and advance you shall be responsible for paying all of, your costs and expenses arising Yes. Arbitration from or relating to any arbitration under this Clause from time to time Fees? (including without limitation your attorneys' fees). We will not advance or pay any of your costs, fees or expenses in small claims court (including without limitation your attorneys' fees). In any arbitration initiated by us under this Clause, we will pay the applicable Arbitration Fees, except as otherwise provided in this Clause. Yes, if Except as otherwise provided in this Clause, in arbitration for any Dispute, the Are damages allowed by Arbiter may, to the extent permitted by applicable law, award the same possible? law. damages and relief as a court. Loan Number 01421439 Will you pay Arbitration If the Arbiter awards you funds in arbitration for any Dispute, you are not No. FILED DATE: 3/19/2024 9:25 AM 20241107223 Fees if you required to reimburse us for any of the Arbitration Fees for such Dispute. win? Will you ever If the Arbiter doesn't award you funds in arbitration for any Dispute, then you pay Yes. may be required to reimburse us the Arbitration Fees for such Dispute, to the Arbitration extent determined by the Arbiter and permitted by applicable law. Fees? A party may request that the Arbiter explain an arbitration decision relating to Can an award any Dispute, provided that such request is made within twenty (20) days after Yes. be explained? such decision is made. Upon such request, the Arbiter will explain the ruling in writing. 1. To opt out of arbitration, sign this Agreement and then timely opt-out, as If you don't Yes. You described in the next box below. want to can get our 2. You may also possibly avoid arbitration by contacting us and attempting arbitrate, can services and to settle any Disputes informally, outside of arbitration, provided that this you still get a decide not sentence shall not limit this Clause in any way. loan? to arbitrate. 3. You may also seek to resolve Disputes in small-claims court, within applicable state law limits. If you wish not to arbitrate all Claims as provided in this Clause, then you have the right to opt out. To opt out of arbitration, you must deliver written notice to us within thirty (30) days following the date of this Agreement. Your notice should include your name, address, account Can you reject Yes. number, and date, and state that you “opt out.” Send to attention: Arbitration? Arbitration Claims, AmeriCashLoans.net, 2400 East Devon Avenue Suite 300, Des Plaines, IL 60018. This is the only way you can reject this Clause, and no one may reject on your behalf. If you opt out, it will only apply to this Clause in this Agreement. NOTICE YOU AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO INTIATE OR PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION RELATED TO THIS AGREEMENT. REPRESENTATIONS AND WARRANTIES: You hereby promise, represent, and warrant as follows: (a) that all information you have provided to us is accurate; (b) that the bank account on which the Check or ACH authorization, if one has been provided, is drawn (hereinafter “Your Account”) is a legitimate, open and active account in your name; (c) that you will not close Your Account or stop payment on the Check or ACH Authorization, if provided, prior to our negotiating the payment; (d) that you will have sufficient funds in Your Account on and after the presentment date for a Check or ACH Authorization to be paid, until it is paid; (e) that you have the ability to repay this loan when due; (f) that you are at least 18 years of age and have the right to enter into this Agreement; and (g) that you are not currently a debtor under any proceeding in bankruptcy and that you have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code, and (h) that you acknowledge that you have read, understand, and agree to all of the terms of this loan agreement, including the Jury Trial Waiver and Arbitration Clause. LENDER TERMINATION RIGHT: If, prior to disbursing the Loan proceeds to you, we determine that any of the information that you have provided to us at any time (whether before, during or after your execution of this Agreement) is false or misleading, we shall have the right, exercisable in our sole discretion, to terminate this Agreement immediately upon notice to you. Such termination right is in addition to all of our other rights and remedies under this Agreement and/or under applicable law. By typing your name and clicking on the "I accept" button below, you agree to AmeriCash's Statement On Consumer Consent to the Use of Electronic Transactions, Signatures and Records and you understand Loan Number 01421439 that do