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  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
  • FORSYTHE FINANCE, LLC V LONNY APPLEBERRY (E-CASE) AC Suit on Account document preview
						
                                

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Electronically Filed - GREENE - March 26, 2024 - 08:43 AM 1234632238, ELS 2431-AC02357 In the Circuit Court of Greene County, Missouri Associate Circuit Division Forsythe Finance, LLC, Case No. Plaintiff. vs. Division No. Lonny Appleberry, Serve at: 825 W CENTRAL ST SPRINGFIELD MO 65802-4018, Defendant. Petition Count 1 – Breach of Contract Plaintiff, for its cause of action, states that: 1. Plaintiff Forsythe Finance, LLC is a limited liability company organized and existing under the law. 2. Defendant Lonny Appleberry is a resident of Greene County, State of Missouri. 3. Defendant entered into a contract for a loan from Lead Finance Missouri LLC, which the Defendant agreed to repay per the terms of the contract, a copy of which is attached. 4. The contract was transferred to Plaintiff, per the transfer documents, copies of which are attached. 5. Plaintiff or its predecessors performed, or substantially performed, all of its obligations, and conditions precedent, if any, under said contract. 6. Defendant has breached the contract by failing to make payments as required by the contract, and Plaintiff has therefore been damaged in the amount of $1178.71. WHEREFORE, Plaintiff requests judgment against Defendant Lonny Appleberry for This communication is from debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. Page 1 of 3 Electronically Filed - GREENE - March 26, 2024 - 08:43 AM 1234632238, ELS $1178.71, together with interest thereon at the rate of 9.0000 per annum from date of judgment and for court costs. Count 2 – For Money Loaned Plaintiff, in the alternatively, for Count 2 states: 1. Plaintiff incorporates by reference paragraphs 1, 2, 3, and 4 of Count 1. 2. Lead Finance Missouri LLC funded a loan to Defendant and/or for the benefit of Defendant and intended that Defendant repay the money. 3. Defendant has failed to repay the money loaned and the balance due is $1178.71, per the attached documents. WHEREFORE, Plaintiff requests judgment against Defendant Lonny Appleberry in the sum of $1178.71, together with interest at 9.0000 per annum from date of judgment, and for its costs. KRAMER & FRANK, P.C. By: /s/ David Page David Page, MBE# 58948 Attorney for Plaintiff 11960 Westline Industrial Dr., Suite 180 St Louis, MO 63146 Telephone: (314) 991-1177 Fax: (314) 991-0485 E-mail: KFattorneys@lawusa.com To discuss this account, please contact: Edie Snow (314)754-6173 You may pay online at: https://kramerandfrank.stratuspayments.net Your file number: 1234632238 This communication is from debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. Page 2 of 3 Electronically Filed - GREENE - March 26, 2024 - 08:43 AM 1234632238, ELS Certificate of Compliance The undersigned certifies that the original of this document was signed and an electronic copy of it was presented to the Court for filing. /s/ David Page David Page Kramer & Frank, PC. This communication is from debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. Page 3 of 3 Electronically Filed - GREENE - March 26, 2024 - 08:43 AM CONSUMER LOAN AGREEMENT AND DISCLOSURES Loan No: Loan Date: 7/1/2021 LENDER: Lead Finance LLC , BORROWER: Lonny Appleberry, 6160 N Cicero Ave Suite 102 825 W CENTRAL ST Chicago, IL 60646 SPRINGFIELD, MO 65802 support@hyperspeedloans.com 888­907­3353 Soc. Sec. Number: In this Installment Loan Agreement (this "Agreement") the words "you" and "your" mean each customer ("BORROWER") so named below; the words "we", "us", and "our" mean Lead Finance LLC , I, which is the "LENDER" in this transaction. FEDERAL TRUTH­IN­LENDING DISCLOSURE STATEMENT ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The amount you will have paid The cost of your credit as a The dollar amount the credit will The amount of credit provided to after you have made all yearly rate. cost you. you on your behalf. payments as scheduled. 597.29% $1758.60 $650.00 $2,408.60 PAYMENT SCHEDULE Date Amount Date Amount Date Amount Date Amount 07/09/2021 $141.67 07/23/2021 $141.67 08/06/2021 $141.67 08/20/2021 $141.67 09/03/2021 $141.67 09/17/2021 $141.67 10/01/2021 $141.67 10/15/2021 $141.67 10/29/2021 $141.67 11/12/2021 $141.67 11/26/2021 $141.67 12/10/2021 $141.67 12/27/2021 $141.67 01/07/2022 $141.67 01/21/2022 $141.67 02/04/2022 $141.67 02/18/2022 $141.88 SECURITY: If provided, your "OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT AND DEBIT CARD AUTHORIZATION is security for this loan. LATE PAYMENT: If a payment is 15 days late, you may be charged 5.00% of the unpaid portion of the payment or $15.00 whichever is greater, up to $50 maximum late payment. PREPAYMENT: If you pay off early, you will not have to pay a penalty. See the information below and on additional pages for additional information about contract terms, nonpayment, and default. Itemization of the Amount Financed Itemization of the Total Finance Charge of: $1758.60 1. Amount paid directly to you: $650.00 1. Interest Charge: $1,758.60 2. Amount paid on previous loan: $0.00 2. Origination Fee Charge: $0.00 3. Total Amount Financed $650.00 3. Total Finance Charge: $1,758.60 Signature by Customer: Lonny Appleberry (IP: 173.19.46.134) RATES: The Annual Percentage Rate on this loan is 597.29% The Interest Rate on this loan is 599.00% PROMISE TO PAY: You Promise to pay to Lender, the principal sum of 650.00 plus interest at the Interest Rate referenced above per annum until the loan is paid in full. The loan is payable in installment payments as referenced above in the Payment Schedule. ATTORNEY'S FEES: You agree that in the event you default in performing any of your obligations under this Agreement you shall pay all lawful collection costs and court costs associated with your default, including costs and reasonable attorney's fees in the amount permitted pursuant to section 408.140 RSMO. DEFAULT: You will be in default under the Agreement if, for any reason, you fail to make payment in the full amount required by this Agreement on the date due. If you fail to make the final installment payment, you understand that interest will continue to accrue on any remaining unpaid balance at the interest rate agreed to under this Contract disclosed above until the loan is paid in full or until entry of judgment. After the entry of judgment, interest will accrue at the maximum amount allowed by law. ACCELERATION: In the event of default on the loan, the lender may, after providing all notices required by law, demand payment in full at once. Interest will accrue at the rate agreed to under this contract until your loan is paid in full or a judgment is entered. If a judgment is entered, interest will accrue at the rate set by Missouri statute. RETURNED CHECK/ACH or DEBIT CHARGE FEE: You agree to pay to LENDER the amount of $25.00 if the ACH or debit card with which you make your payment is refused or returned. LATE CHARGES: If a payment is 15 days late you will be charged a fee of 5% of the unpaid portion of the payment up or $15 which is greater Electronically Filed - GREENE - March 26, 2024 - 08:43 AM not to exceed $50. PAYMENTS: All payments will be applied first to interest, then to fees or charges due to us, and then to principal. CONSUMER REPORTS. You authorize us to obtain customer reports about you prior to issuing a loan under this Agreement, and at any time that you owe us money under this or any other Loan Agreement. NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS OR CREDIT REPORTING AGENCIES. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. GENERAL PROVISIONS: Pursuant to Comment 2(a)(25) of the Official Staff Commentary to Regulation Z §226.2, we have disclosed to you that our interest in the ACH Agreement is a security interest for federal Truth­in­Lending purposes only. However, this disclosure is not intended to create a security interest under Missouri law and shall not be evidence of or an admission by the Lender that this transaction is anything other than a transaction authorized by the Missouri law. Time is of the essence in this Agreement. ELECTRONIC FUNDS TRANSFER AUTHORIZATION AND NOTICE TO BORROWERS: If you enter into an Optional Revocable Authorization Agreement with us, your bank account will be automatically debited which may include debit entries, remotely created checks, remotely created payment orders, demand drafts, bank checks, bank drafts or similar payment device for payment amounts according to the payment schedule above. Also any late fees or NSF charges may also be debited from your account. You acknowledge and understand that we offer this service as a convenience to you, and that this loan is not conditioned upon you entering into a Voluntary Electronic Payment Authorization Agreement ("ACH Agreement"). You may cancel your Electronic Funds Transfer Authorization by sending written or email notice to Lender at Lender's address above. PLEASE INITIAL HERE TO ACKNOWLEDGE CONSENT TO VOLUNTARY ELECTRONIC PAYMENT AUTHORIZATION: LA [BORROWER TO INITIAL HERE] DEBIT CARD AUTHORIZATION: If you voluntarily choose to provide us with your debit number or account, by signing this document below, you authorize us, and our successors or assigns, to charge any amounts owing under this Agreement to any credit/debit card that you provide to us for such purpose. Also any late fees or Returned Check/ACH or Debit charges as referenced above may also be debited from your account. This authorization will remain in full force and effect until either (1) all obligations under this Agreement have been satisfied or (2) it is cancelled, in writing, in such time as to give us and the card issuer reasonable opportunity to act upon it. Such cancellations shall be mailed to Lender's address above. If you choose to cancel this authorization, you must send written or email notice to Lender at Lender's address above. CONSENT TO ELECTRONIC COMMUNICATIONS: The following terms and conditions govern electronic communications in connection with this Agreement and the transaction evidenced hereby (the "Consent"). By this Agreement, you agree that any notices we are required to make to you may be delivered to you electronically. You acknowledge and agree to the following terms and conditions of this Consent and that you have received a copy of this Consent for your records. You agree that: Any disclosure, notice, record or other type of information that is provided to you in connection with your transaction with us, including but not limited to, this Agreement, this Consent, the Application, any change­in­term notices, fee and transaction information, statements, delayed disbursement notices, notices of adverse action, state mandated brochures and disclosures, and transaction information ("Communications"), may be sent to you electronically by posting the information at our web site, provided at the top of this agreement, or by sending it to you by email. You may obtain a copy of any Communication by contacting us at Lender's email provided at the top of this agreement or by calling us at Lender's phone number provided at the top of this agreement. You also can withdraw your consent to ongoing electronic communications in the same manner, and ask that they be sent to you in paper or non­electronic form. You agree to provide us with your current email address for notices at the email address or phone number indicated at the top of this agreement. If your email address, telephone number(s), or residences address changes, you must send us a notice of the new address/telephone number(s) by writing to us or sending us an email, at least five (5) days before the change. In order to receive electronic communications, you will need a working connection to the Internet and an email account. Your browser must support the Secure Sockets Layer (SSL) protocol. You must have a printer or sufficient hard drive space available to save the information. If you have a question about your browser and the SSL protocol, please contact your Internet Service Provider or a qualified information technology service provider. We may amend (add to, delete or change) the term of this Consent by providing you with advance notice. SMS (TEXT MESSAGING) STATEMENT NOTIFICATIONS DISCLOSURE: This SMS Statement Notifications Disclosure ("Disclosure") applies to your account with the Lender if you have elected to receive Short Message Service (SMS) messages. As used in this Disclosure, "SMS Statement Notifications" means any SMS (text message) communications from us to you pertaining to your Agreement, including but not limited to payment information, account information, due dates, delinquent accounts, program updates, promotions, coupons and other marketing messages. 1. How to Unsubscribe: You may withdraw your consent to receive SMS Statement Notifications by calling us at Lender's phone number provided at the top of this agreement. We will not impose any fee to process the withdrawal of your consent to receive SMS Statement Notifications. Any withdrawal of your consent to use SMS Statement Notifications will be effective only after we have a reasonable period of time to process your withdrawal. 2. To request additional information regarding text messaging call us at the Lender's phone number provided at the top of this agreement. Electronically Filed - GREENE - March 26, 2024 - 08:43 AM 3. In order to access, view, and retain SMS Statement Notifications that we make available to you, you must have: (1) a SMS­capable mobile phone, (2) an active mobile phone account with a communication service provider; and (3) sufficient storage capacity on your mobile phone. 4. All SMS Statement Notifications in electronic format from us to you will be considered "in writing". 5. There is no service fee for SMS Statement Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Other charges may apply. Such charges may include those from your communications service provider. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account settings. 6. Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. You agree to provide a valid mobile phone number for these services so that we may send you certain information about your account. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state, or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of this Agreement. SMS Statement Notifications are provided for your convenience only. Receipt of each SMS Statement may be delayed or impacted by factor(s) pertaining to your communications service provider(s) or your use of your SMS device. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non­delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the SMS Statement Notifications sent by us. 7. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice. Please review these Terms of Use from time to time so that you are timely notified of any changes. 8. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice. Please review these Terms of Use from time to time so that you are timely notified of any changes. By providing your cell phone number, you have provided us with consent to send you text messages in conjunction with the services you have requested. Your cellular message and data rates may apply to all messages. You understand that text message we send may be seen by anyone with access to you phone. Accordingly you should take steps to safeguard your phone and text messages if you want them to remain private. PLEASE INITIAL HERE TO ACKNOWLEDGE CONSENT TO ELECTRONIC. TEXT AND SMS COMMUNICATION: LA [BORROWER TO INITIAL HERE] AGREEMENT TO RECEIVE TELEMARKETING TEXT MESSAGES: By signing this section, you authorize us, Lead Finance LLC to send marketing text messages to the mobile number you have provided and that is listed on this Agreement using an automatic telephone dialing system. You are not required to authorize marketing text messages to obtain credit or a loan from us. If you do not wish to receive sales or marketing text messages from us, you should not sign this section. You understand that any messages we send you may be accessed by anyone with access to your text messages or phone. You also understand that your mobile phone service provided may charge you fees for text messages that we send you. You agree that we shall have no liability for the cost of any such text messages. You may withdraw your consent to receive marketing text messages at any time by either calling us, or replying STOP to any marketing text message that we sent you. Mobile Number: Signature by Customer: Lonny Appleberry (IP: 173.19.46.134) BANKRUPTCY: You certify to us that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code. PREPAYMENT: You have a right to prepay this loan in full by cash, renewal, refinancing, or a new loan and there is no prepayment penalty. You will be charged interest accrued through the date of the payoff using simple interest. WAIVER: No waiver of your or our rights is effective unless in writing. No written waiver for any one situation shall apply to any other situation. If either you or we fail to exercise or delay in exercising any right or remedy, this will not constitute a waiver of that or any other right or remedy. SEVERABILITY: If any provision of this Agreement or the application of any provision of this Agreement to any person, place or circumstance shall be determined to be invalid, unenforceable or void, the remainder of the Agreement, and the remainder of those provisions of this Agreement as applied to other persons, places and circumstances, shall remain in full force and effect. GOVERNING LAWS: The Agreement shall be construed in accordance with and governed by federal law with respect to the Arbitration Agreement and the laws of the State of Missouri, without giving effect to any choice of law rule. NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS RESTRICTION OF NON­PUBLIC INFORMATION ACCESS We restrict access to your non­public personal information to employees needing to know that information to assist you with products or services. We keep the physical, electronic, and procedural safeguards required by our regulators to insure the safety of your personal information. Electronically Filed - GREENE - March 26, 2024 - 08:43 AM CUSTOMER REPRESENTATIONS. By signing this loan agreement: 1. You acknowledge that it was filled in before you did so, and that you have received a completed copy of it. 2. You agree that the information you provided to us prior to entering into this loan agreement is accurate; 3. You agree that you are over 18 years of age; 4. You agree that you have the financial ability to repay this loan agreement, based upon your current and expected income, obligations, and employment; and If you do not wish to sign the Consumer Loan Agreement and Disclosures and the other documents, you may close this browser page., If you chose not to sign the documents, the transaction will not be processed and there is no cost to you. If you do not wish to sign them electronically, you may also print these documents out and sign them and return them to us. By signing this Agreement, you further acknowledge that you have read and understand the Statement on Consumer Consent to the Use of Electronic Transactions, Signatures and Records. Under the Federal E­Sign Act (E­Signature Act) the typing of your name along with your IP address and time stamp is the same as you physically signing this document in person. Further you have previously consented to the use of e­signatures and electronic communications. Lonny Appleberry (IP: 173.19.46.134) 7/1/2021 7/1/2021 Borrower Date Lender: Date By: It's Authorized Representative WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. THIS ARBITRATION AGREEMENT IS BETWEEN Lonny Appleberry (“You” or “Your”), and Lead Finance LLC ("Lender"). This Arbitration Agreement applies to all of your Transaction Agreements, including but not limited to Your Application, Privacy Policy, Consent to Electronic Delivery of Documents, Text Message Consent, Optional Revocable Authorization Agreement, Optional Revocable Debit Card Authorization Agreement, Disclosures, Loan Agreement and Disclosures, and any other Agreements or transactions in connection with your Application and your Loan No. on 7/1/2021, (collectively “Your Transaction Agreements”). WAIVER OF JURY TRIAL AND ARBITRATION: Arbitration is a process in which persons 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, to submit their disputes to a neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity to present evidence to the arbitrator. Pre­arbitration discovery may be limited. The arbitrator will issue a final and binding decision resolving the dispute, which may then be enforced by a court judgment. A court rarely overturns an arbitrator's decision. It is acknowledged and agreed that this arbitration is intended to keep both parties’ costs down in the event of a disagreement, and is a material inducement to the parties to enter into this Agreement. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. Disputes. For purposes of this Waiver of Jury Trial and Arbitration Agreement (hereinafter the "Arbitration Agreement"), the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Agreement, however excluding the validity and scope of this Arbitration Agreement and any claim or attempt to set aside this Arbitration Agreement; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to Your Loan, the information you gave us before entering into Your Loan, and/or any past and/or future claims or disputes between you and us; (c) all counterclaims, crossclaims and third party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal law; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, members, parent company or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (h) all claims 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/or related third parties (hereinafter referred to as "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 nonpublic personal information about you. 2. Waiver. You acknowledge and agree that by entering into this Arbitration Agreement: a. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED. b. YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN SMALL CLAIMS COURT, RESOLVE ANY DISPUTE. c. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE OR PARTICIPATE IN A CLASS ACTION. ANY DISPUTE MAY NOT BE CONSOLIDATED WITH THE DISPUTE OF ANOTHER PERSON. 3. Class Waiver. Except as provided below, all disputes 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 OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. 4. Notice and Choice of Arbitrator. Any party to a dispute, including related third parties, may send the other party written notice by U.S. Electronically Filed - GREENE - March 26, 2024 - 08:43 AM Certified Mail of their intent to arbitrate, along with the subject of the dispute and 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 following arbitration organizations to administer the arbitration: the American Arbitration Association (18007787879) http://www.adr.org or JAMS (18003525267) http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator's rules. The party receiving notice of arbitration will respond in writing by U.S. Certified Mail 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. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by U.S. Certified Mail of your decision to select an arbitration organization or your desire to select a local arbitrator. If you fail to notify us, then we have the right to select an arbitration organization. The parties to such dispute will be governed by the rules and procedures of such arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of your Loan Agreements, including the limitations on the arbitrator herein. You may obtain a copy of the rules and procedures by contacting the arbitration organizations listed above. 5. Arbitration Fees and Hearing. Regardless of who demands arbitration, at your request we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys' fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act ("FAA"), and applicable statutes of limitation, and shall onor claims of privilege recognized at law. The arbitration hearing will be conducted in the county of your residence, or within 30miles from such county, or in such other place as mutually agreed by the parties or ordered by the arbitrator. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss 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 the arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not render a decision or an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed as court costs if the dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may be filed with any court having jurisdiction. 6. Small Claims Court Exception. All parties may ask a small claims court to decide a Dispute that meets the requirements of the Small Claims Court, so long as no party to the small claims court lawsuit seeks to recover damages beyond the jurisdiction of the small claims court. If you file a small claims court lawsuit against us, then we lose the right to elect arbitration of your Dispute (but not of other persons’ Disputes), however you may not consolidate or join the claims of others. Any Dispute, which is outside the jurisdiction of a small claims court, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration. 7. Interstate Commerce. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall begoverned by the FAA. If a final, nonappealable judgment of a court having jurisdiction over this transaction finds, for any reason,that the FAA does not apply to this transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State of Missouri. 8. Miscellaneous. This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors and assigns, andis binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Agreement continues in fullforce and effect, even if your Loan has been paid or discharged through bankruptcy. In the event that any of this Arbitration Agreement is held unenforceable, the remainder of the Arbitration Agreement shall be in full force and effect. 9. OPTOUT PROCESS. You may choose to opt out of and not be subject to this Arbitration Agreement. You must notify us in writing within ninety (90) days of the date of this Agreement at the following address: Lead Finance LLC , 6160 N Cicero Ave Suite 102, Chicago, IL 60646. Your written notice must include your name, address, transaction number, phone number, the date of this Agreement, and a statement that you wish to optout of this Arbitration Agreement. Your notice to optout will only apply to this particular transaction with us and not to subsequent or previous transactions. No one may reject the Arbitration Agreement on your behalf. This is the only way you can reject the Arbitration Agreement. Rejection of the Arbitration Agreement will not affect your right to credit, how much credit you receive, or any contract term other than the Arbitration Agreement. BORROWER SIGNATURE. Borrower’s signature below indicates Borrower’s confirmation that Borrower has read and agrees to the terms, conditions, and acknowledgements noted above on this Agreement. Authorized Representative Under the Federal E­Sign Act (E­Signature Act) the typing of your name along with your IP address and time stamp is the same as you physically signing this document in person. Further you have previously consented to the use of e­signatures and electronic communications. Lonny Appleberry (IP: 173.19.46.134) 7/1/2021 7/1/2021 Borrower Date Lender: Date By: It's Authorized Representative Electronically Filed - GREENE - March 26, 2024 - 08:43 AM NOTICE: SEE ALL PAGES FOR IMPORTANT INFORMATION PAYMENT SCHEDULE: Customer: Lonny Appleberry Store: Lead Finance LLC Contract #: Contract Date: 7/1/2021 Contract Amount: $650.00 No. of Payments: 17 PAYMENTS DUE No. Date Amount PrinAlloc FeeAlloc FeeDue Balance 1 07/09/2021 $141.67 $56.33 $85.34 $0.00 $593.67 2 07/23/2021 $141.67 $5.27 $136.40 $0.00 $588.40 3 08/06/2021 $141.67 $6.48 $135.19 $0.00 $581.92 4 08/20/2021 $141.67 $7.97 $133.70 $0.00 $573.95 5 09/03/2021 $141.67 $9.80 $131.87 $0.00 $564.15 6 09/17/2021 $141.67 $12.05 $129.62 $0.00 $552.10 7 10/01/2021 $141.67 $14.82 $126.85 $0.00 $537.28 8 10/15/2021 $141.67 $18.23 $123.44 $0.00 $519.05 9 10/29/2021 $141.67 $22.42 $119.25 $0.00 $496.63 10 11/12/2021 $141.67 $27.57 $114.10 $0.00 $469.06 11 11/26/2021 $141.67 $33.90 $107.77 $0.00 $435.16 12 12/10/2021 $141.67 $41.69 $99.98 $0.00 $393.47 13 12/27/2021 $141.67 $31.90 $109.77 $0.00 $361.57 14 01/07/2022 $141.67 $76.40 $65.27 $0.00 $285.17 15 01/21/2022 $141.67 $76.15 $65.52 $0.00 $209.02 16 02/04/2022 $141.67 $93.65 $48.02 $0.00 $115.37 17 02/18/2022 $141.88 $115.37 $26.51 $0.00 $0.00 Customer Initial: LA Electronically Filed - GREENE - March 26, 2024 - 08:43 AM OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT FOR ELECTRONIC PAYMENTS, ELETRONIC TRANFERS, ACH’S, REMOTELY CREATED CHECKS, REMOTELY CREATED PAYMENT ORDERS (“OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT”) You, Lonny Appleberry, authorize Lead Finance LLC , hereinafter called Company, its agent, successor or assigns to initiate preauthorized debit entries or automated Clearing House (“ACH”) entries including but not limited to debit entries, Debit Card entries remotely created checks, remotely created payment orders, demand drafts, bank checks, bank drafts or similar payment device to any account that you place on file with the Company or indicated at the designated depository financial institution below, hereinafter called DEPOSITORY, for the scheduled payment amounts as listed in the Payment Schedule below or in accordance with your obligations under the Consumer Loan Agreement and Disclosures (“Loan Agreement”) which is hereby incorporated into this authorization. You choose the convenience of having your loan payments under the Loan Agreement made automatically from your account. You acknowledge that this Authorization is not a condition of the loan. DISCLOSURES: THIS AUTHORIZATION IS VOLUNTARY AND IS NOT REQUIRED TO OBTAIN THIS LOAN I ACKNOWLEDGE THAT THIS AUTHORIZATION IS NOT A CONDITION OF THE LOAN. PAYMENT SCHEDULE Date Amount Date Amount Date Amount Date Amount 07/09/2021 $141.67 07/23/2021 $141.67 08/06/2021 $141.67 08/20/2021 $141.67 09/03/2021 $141.67 09/17/2021 $141.67 10/01/2021 $141.67 10/15/2021 $141.67 10/29/2021 $141.67 11/12/2021 $141.67 11/26/2021 $141.67 12/10/2021 $141.67 12/27/2021 $141.67 01/07/2022 $141.67 01/21/2022 $141.67 02/04/2022 $141.67 02/18/2022 $141.88 BANK ACCOUNT INFORMATION DEBIT CARD INFORMATION This authorization is to remain in full force and effect until COMPANY has received written notification from me of its termination a reasonable time prior to the next due date of the debit authorized by this AGREEMENT 1. You guarantee and warrant that you are the legal debit cardholder/duly authorized check signer on the above account(s), and that you are legally authorized to enter into this OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT. 2. You agree to notify COMPANY in writing of all changes to my account(s), including termination of authority in reasonable time prior to the next due date of the debit authorized by this form. 3. For notification purposes, all notices of termination or account changes must be sent as certified mail to Lead Finance LLC at 6160 N Cicero Ave Suite 102, Chicago, IL 60646. 4. You acknowledge that you have entered into a Loan Agreement as of today's date. You hereby authorize the COMPANY to withdraw any amounts due as set forth in the Loan Agreement due from your account. If you Default on your Loan or there is a balance due after the scheduled final due date of the Loan, you authorize the Company to continue to debit your Accounts until the unpaid balances is paid in full. While you are authorizing the Company to debit your account, Company is under no obligation to due so. 5. You agree that all notifications including notices of account termination or account changes must be in writing and submitted to COMPANY in a reasonable time in advance of the next debit. You agree to pay a $25 charge if a check or ACH is returned unsatisfied as provided in under Missouri Law. 6. Pre­Payments. You may payoff your loan at any time and there is no pre­payment penalty. If you make a payment in full of the amounts due of any installment or your entire loan balance no less than 3 business days before the scheduled Payment Date, we will use commercial reasonable efforts to stop the automatic debit for that period. 7. Alternative method of payment. In the event that any ACH Transaction or other payment method is unable to be processed, comes back as insufficient funds or the account is closed, You authorize the Company to use any alternative method of payment that you have provided. 8. You authorize the Company us to initiate debit entries on the Payment Dates set forth above as well as any deferred or extended payment dates, and to reinitiate the debit entries up to two times per debit to the extent permitted by applicable state law, in accordance with the payment schedule below and the terms of your Loan Agreement. The COMPANY is informing me of the right to receive notice of all varying transaction amounts. However the COMPANY is giving me the option of receiving notices only when a transaction falls outside of the range of amounts listed in the above Payment Schedule box or paragraph 5 above. Therefore, you agree to one of the following; (Initial) You hereby agree that you want to receive notice of varying transfers. Or LA (Initial) You hereby agree that you want to receive notice of varying transfers only when the amount of the transfer falls outside the range of amounts specified on this form. You understand that I have the right to revoke this agreement at any time by sending a written notice to the COMPANY. PLEASE NOTE THAT YOU ARE NOT REQUIRED TO AGREE TO THIS AUTHORIZATION IN ORDER TO OBTAIN A LOAN FROM US. IF YOU WISH TO DISCUSS OTHER PAYMENT METHODS THAT ARE AVAILABLE DO NOT CLICK THE "I AGREE" BUTTON BELOW AND GIVE US A CALL AT 888­907­3353 This Authorization is for your convenience. By clicking the "I AGREE" button below Electronically Filed - GREENE - March 26, 2024 - 08:43 AM you agree to payment via this OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT, you acknowledge that you are voluntarily choosing to pay electronically, that you have received a copy of the ACH Authorization, and that you are choosing only to receive notice of varying amounts of debits only when a debit exceeds the range specified above. You also authorize us to verify all of the information that you have provided on your application or to us otherwise. If there is any missing or erroneous information in or with the information that you have provided to us in the Loan application regarding your bank, bank routing and transit number, or account number, then you authorize us to verify and correct such information. You agree that this OPTIONAL REVOCABLE AUTHORIZATION AGREEMENT is subject to the approval of the Loan Agreement. Customer Name: Lonny Appleberry Loan Number: Under the Federal E­Sign Act (E­Signature Act) the typing of your name along with your IP address and time stamp is the same as you physically signing this document in person. Further you have previously consented to the use of e­signatures and electronic communications. Lonny Appleberry (IP: 173.19.46.134) 7/1/2021 7/1/2021 Borrower Date Lender: Date By: It's Authorized Representative Electronically Filed - GREENE - March 26, 2024 - 08:43 AM OPTIONAL REVOCABLE ELECTRONIC FUND TRANSFER AND DEBIT CARD AUTHORIZATION (“DEBIT CARD AUTHORIZATION”): Authorization. You hereby voluntarily authorize Lead Finance LLC our agents, successors or assigns, to initiate preauthorized Debit Card transactions, for debit entries to your bank account or debit card ("Your Account") in accordance with the payment schedule below and in accordance with your obligations under your Installment Loan Agreement and Disclosures (the "Loan Agreement"), which is hereby incorporated into this Authorization. All terms herein shall have the same meaning as in your Loan Agreement. This authorization is referred to as your "Debit Card Authorization." You acknowledge this Debit Card Authorization is being signed in accordance with the Electronic Signatures in Global and National Commerce Act (ESign) and that you have received notice of Electronic Disclosures as part of your Loan Agreement. PAYMENT SCHEDULE Date Amount Date Amount Date Amount Date Amount 07/09/2021 $141.67 07/23/2021 $141.67 08/06/2021 $141.67 08/20/2021 $141.67 09/03/2021 $141.67 09/17/2021 $141.67 10/01/2021 $141.67 10/15/2021 $141.67 10/29/2021 $141.67 11/12/2021 $141.67 11/26/2021 $141.67 12/10/2021 $141.67 12/27/2021 $141.67 01/07/2022 $141.67 01/21/2022 $141.67 02/04/2022 $141.67 02/18/2022 $141.88 1. If application for credit is approved and the Loan Agreement is signed and accepted, resulting in a loan (“Loan”) to you, we will use commercially reasonable efforts to deposit the loan proceeds into Your Account on 07/01/2021 ("Disbursement Date"); however, unavoidable delays may result due to internet connectivity, inadvertent processing errors and/or "acts of God" which may extend the time for the deposit. You authorize us to initiate debit entries on the Payment Dates set forth above as well as any deferred, extended or default payment dates, and to reinitiate the debit entries up to two times per debit to the extent permitted by applicable state and federal law, in accordance with the paym