Preview
sf
IN THE MIDDLETOWN MUNICIPAL COURT
CIVIL DIVISION Shog
MIDDLETOWN, OHIO 2
LVNV FUNDING LLC. ~
Plaintiff
"24 04 o795
By. Sia
-VS- Case No. CVF2400684
Ch
ERK OF C/ UNURTS
MAGISTRATE ORDER
DAVE SALMON TRANSFER
Defendant “vy
a
5 2X
This matter came for review/hearing on the 3rd_ day of April , 2024
mm
Oo
The Magistrate finds as follows:
<3
o
(___) The amount claimed in the complaint exceeds the jurisdiction of the court. Tie ‘attr 83
dismissed without prejudice at the plaintiff's cost.
(X_) The amount claimed in the counterclaim of the defendant exceeds the jurisdiction of this
Court. The case is transferred to the Common Pleas Caurt.
( ) The defendant(s) does/do not reside in the jurisdiction of this court. The matter is
transferred to
( ) This matter is transferred to the Regular Dacket of Middletown Municipal Court at the
tequest of a party supported by sufficient evidence.
( ) The amount asserted in the counterclaim exceeds the limits of the Small Claims Division
of the Municipal-Court. This matter is transferred to the Regular Civil Docket.
Geoffre
4
\derman, Magistrate
FILED
APR ~3 2024
Middletown Municipal Court
Steven P. Longworth
Clerk of Court
413/24, 10:29 AM Case CVF2400684
z, & -
03/04/2024 CASE WAS FILED WITH COURT
Image
03/09/2024 SUMMONS ISSUED TO SALMON, DAVE SeA. tp, &
TekAr)
BY PERSONAL.
CIVIL FILING FEE $115.00 n°.
a B,
SF. , Che P
PAYMENT - RECEIPT NO, 242402433 IN THE AMOUNT OF $ 115.00 wo
Image
03/18/2024 SeMMONS SERVED TO DEFENDANT(S) BY BAILIFF - RESIDENCE So
image
£2
ANSWER DATE OR CASE WILL DEFAULT 4/15/24 ae
a4 Py 7
04/01/2024 COUNTERCLAIM FILED aca —
ge
>2
COUNTERCLAIM FILED SUMMONS ISSUED $50.00 Be
nm
PAYMENT - RECEIPT NO. 2403436 IN THE AMOUNT OF $ 50.00 20"
image Boe
oe <> ot
MOTION TO DISMISS PLAINTIFF LACKS ST/FANDING AS
=
Image wh
NOTICE OF APPEARANCE FILED BY ANDREW BARNES FOR
DEFENDANT
Image
ENTRY AND ORDER FOR MOTION 10D 12E
Image
PROPOSED ORDER
Image
NOTICE OF SUBMISSION
oe
ANSWER FILED
Image
04/03/2024 MAGISTRATE ORDER TO TRANSFER GRANTED.
age
TRANSCRIPT/DOCKET PRINTING & ALL FILINGS ISSUED TO
BUTLER COUNTY COMMON PLEAS COURT 315-HIGH ST HAMILTON, OH
45011 VIA CERTIFIED MAIL
E-CERTIFIED MAIL # 9314 8699 0440 0074 8008 35
ISSUED ON: 04/03/2024 TO: BUTLER COUNTY COMMON PLEAS.
SENT BY: BG.
op
4.3.3-Ay. L,
G, -DATE
ms
| HEREBY CERTIFY THE FOREGOING [0 BE'A TRUE AND
CORRECT COPY OF PHEORIGINAL,
ON FILE IN THIS COWAT. SS.St
MIDDLE TOW. Muu ‘QUA
STEVE! N cle
“F, RK
= al) C4 deo
I
-
-
mo
file://172.18.0.230/temp/ntml/172018001056.htm 1
:: 5 «
IN THE MIDDLETOWN MUNICIPAL COURT -
OF BUTLER COUNTY, OHIO Se
me
LYNV FUNDING LLC ==
) CASE NO. bo
C/o Resurgent Capital Services
355 S Main Street
) GYEZHoOUs4 .
)
Greenville, SC 29601
Plaintiff ok
-v- COMPLAIN
ws,
Dave Salmon
3609 Lewis St mo
Middletown, OH 45044-6132
es
oo
may
Defendant arw
may
Ary
Ze =
i
1. Plaintiff acquired, for a valuable consideration, all right, title and interest ia andto the cig
Set Yeath <5
below originally owed by Defendant to WebBank.
S22 2
2. There is due to Plaintiff from the Defendant upon am assigncd Written Agreement di@sum of om
ate,
$13,148.55. ~
3. A copy of said Written Agreement is attached hereto as Exhibit "A".
4. Plaintiff notified Defendant of the assignment and demanded that Defendant pay the balance due
on the Written Agreement, but no patt of the foregoing balance has been paid.
WHEREFORE, Plaintiff prays for judgment against Defendant in the amount of $13,148.55 with
interest at the statutory rate of 5.00% per annum from the date of judgment and costs of this action.
LIX
Annemarie C. Wodziéz 103733
Javitch Block LLC
1100 Superior Ave ¢, 19th Floor!
Cleveland, OH 44114-2521
(800) 837-0109
CLE@)jblle.com
Fax (216) 623-0190
ll (hi i | Ma
ole 2 o
2109068 PLB
Mailing
Loan Agreement and Promissory Note
SECTION 21 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN
ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION
PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS,
INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
Date of Loan; July27, 2022
Loan No. nm
LenderiCreditor:
WebBank
clo Avant ee o*
222 N, LaSalle St, Suite 1600 mon
a
Chicago, IL 60601 ro
m-€
Borrower;
owe
Dave Salmon QamnN
One
3609 Lewis Street, Gu
aay
Middletown, OH 45044 Se
FEDERAL TRUTH IN LENDING ACT a) DISCLOSURES
IAL PERCENTAGE. RATE
costo your credit as ayeaty ide. SS
29 55%
FINANCE: CHARGE
The dolar amount te credit ct yOu.
$10623
Amount Financed
The amountof credit provided to you cr on your behalf.
$11430.00
Total of Payments
The amount you will have paid after you have made all payments as scheduled,
$22053.56
Payment Schedule: You must make-59 manthly payments of $367.54, wilh the first payment due on Thursday, September 01, 2022, and
each subsequent payment due on the same day of each month thereafter, and a final payment of $368.70 plus any unpaid fees, charges,
and interest due on Sunday, August 01, 2027.
Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment.
Late Fee: If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee.
Prepayment: If you pay off early, etherin full or partially, you will not have to pay a penaity and you will not be entitled to a refund of part of
the finance charge.
See the remainder of this Note for any additional information aboul nonpayment, defaull, and any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
Itemization of Amount Financed
The Amount Financed of $11430.00 is calculated as follows:
ean 4
$12000.00 Principal Loan Amount mS
ore- Oe
7 oy
0
less m iat oO
OT gf kaets
eek
nT
$870.00 Administration Fee retained by WebBank
2s
equals Gants oi wo
wi
$11430.00 Amount Financed ey
$11430.00 of Amount Financed is given ta you direclly
$0.00 of Amount Financad is paid with respect to your existing loan serviced by Avant (Existing Payoff Amount)
ADDITIONAL PROVISIONS
1, Parties, Status of Application; Further Steps Before Approval and Funding of Loan.
WebBank, an FDIC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as LendenCrecitor
(‘WebBank’) is the lender of this loan (‘Loan’). In this Loan Agreement and Promissory Note ("Note or “Agreement’), the words “you,” “your”
and Borrower(s)" mean the Borrower(s) idenlified above. The words 'we,” “us,” and “our” mean WebBank, and after consummation any person
‘who obtains WebBank's rights in this Note. We have not yet committed to make the Loan. We will only be committed to make the Loan if and
when we initiate, in Ulah, @ transfer of funds from our offices in Utah to the bank account you identify for this purpose in the process of applying
for the Loan or in connection with the Existing Payoff Amount referenced above to another account on your behalf. Any of oir rights, actions,
Privileges or obligations which are permitted or required to be determined or performed hereunder may be determined or performed by our
Service provider and such determinations or actions shall have the same effect as if taken by us.
2, Promise to Pay; Interest,
{fall conditions to funding tha Loan are met {see Section 1) and the Loan is funded: (a) $11430,C0 of the Amount Financed will be deposited
into Your Bank Account as defined below and $0.00 of the Amount Financed is paid with respect to your existing loan serviced by Avant, LLC
(‘Avant’) and (b) you promise to pay to us (i) the Principal Loan Amount of $1200.00; (ii) simple interest, which accrues daily on the
outstanding principal balance, from July 29, 2022 until the date the Loan is paid in full, al the daily rate of 0.07402740%; and (ii) any and all
other amounts that become due and payable under this Note (collectively, the “Debt").
3. (a) Note Payments; Application of Payments, :
Per the Payment Schedule, this Note is payable in 60 substantially equal monthly installments, including (i) 69 payments of $367.54,
commencing Thursday, September 01, 2022; and (ii) a sing'e final payment of $368.70 on Sunday, August 01, 2027 (Ihe "Maturity Date"). On
the Maturity Date, you shall also be responsible for paying any outstanding fees, charges, and interest. Payments will be due on the same day
of every month (such day of the month, or such other dayof the month as you and we shail mutually agree in the future, being the “Menthly Due
Date’). You may choose to repay by elther of the options below in the Section 3(b) Payment Authorization as well as any other
reasonable form of payment that we permit including but not limited to paper check. We have based the Payment Schedule on the
assumption that you will pay all payments as scheduled. If any paymentis scheduled on a date we are nol cpen for business, then you agree to
pay us on the next business day, and if such amount is paid on such next business day, we will credit such payment as if we received it on the
applicable Monthly Due Date, Payments will be applied first to outstanding fees, if any, then to accrued interesi, and then to principal. On the
Maturity Date, any unpaid Deb! will ba payable in full. Unless modified by you and us, the final required payment will ikely vary somewhat from
prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history
Causes the interest owing to be tess than the above Payment Schedule, we will adjust your final payoff payment to reflect such decrease. If your
payment history causes the interest owing to be more than the above Payment Schedule or if any unpaid Debt remains after the Maturity Date,
then interest will continue to accrue on the outstanding principal balance al the daily rate set forth above in Section 2 of this Agreement unti)
your obligations, including outstanding principal balance, are paid In full.
*
3. (b) Payment Authorization.
The payment method checked below is based on the payment method you selected during the application process. However, you may
choose to repay by any other reasonable form of payment that we permit, including but not limited to mailing a paper check. To make
@ paymentvia paper check, cashier's check, or money order, you can mail your payment to: c/o Avant, LLC, PO Box 9183380, Chicago, Illinois
60691-3380. Please note thal any payment sent via physical means will be effective the day i is received, however, it may take up to 3
business days from the date the payment is received for il to be reflected on your account. Please note thal past-dated checks are nat an
acceptable payment method and may not be elfective the day they are received. If you wish to change your payment method, you may contact
us by communicating with Avant at 800-712-5407 or support@avant.com. You understand that we will process the payments provided fq. ynder
this Agreement by the mathod checked betow, which gives you convenience and gives us security that payments will be received on timec>
X Direct ACH Debit. By selecting the Direct ACH Debil option, you hereby authorize us (0 initiate an electronic dabit to ie BEcatems
‘lect for this purpose during the application process, or ariy substitute account you later specify, hersinafter called “Your Bank. Account,” at the
satay
o:
Gepository financial institution you idenlify, hereinafter called “Depository.* You authorize us to electronically debit Your’ Sno Aecoun a at
accordance with these provisions for amounts owing on or after each scheduled payment date in the Payment Schedule, or foF otter, amounts ay
2
and dates as provided in the provisions below.
oOo Ls oO
Your Bank Account Information. If there is any missing or erroneous information regarding Depository or You Bark KGGount >
Ba
then you authorize us fo verify and correct the:information. You promise that the information that you provide to&@ relating to a,
Your Bank Account corresponds to a legitimate, open and active account of which you are an owner and that you have the right
to initfate (and to authorize us to initiate) electronic debits from Your Bank Account, You acknowledge that Your Bank Account
also includes any bank account that you may designate for payment in the future, and which we confirm in writing with you,
Dates and Amounts in the Payment Schedule. You acknowledge that this authorization is an authorization to iniiate an
electronic debil to Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you fo
us under this Agreement. You authorize us to: initiate an electronic debit for any amount owing in connection with your final
Payment to the extent such amount is less than your monthly payment amount.
Dates and Amounts Post Maturity Date. If, on the Maturity Date, any unpaid Debt remains and you do not instruct us to debit
the full amount of your outstanding balance on the Maturity Date, hen you authorize us to continue fo initiate electronic debits to
Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal.to the monthly payment
amount ($367.54) set forth in your Payment Schedute, or if less, the remaining balance, including fees, charges, and interest,
until your obligations are paid in full.
You authorize us to initiate electronic debits to Your Bank Account on or after each scheduled payment date, including Monthly
Oue Dates, for amounts due under any modified payment arrangement as sat forth in the “Other Payment Arrangements”
section under this Direct ACH Debit provision,
Termination, You understand and acknowledge that you may terminate this authorization by notifying us via email at
support@avant.cam or by mail to Avant, ATTN: Compliance Department, 222 N, LaSalle St, Suite 1600, Chicago, Illinois 60804
at least three business days before you wish to terminate this aulhorization or in such time as to afford us.and Depository a
reasonable opportunity to act on your request. ff an electronic debit is returned to us, we, or our service provider acting on cur
behalf, may terminate any future recurring electronic debits. If this occurs, you will be responsible for making your payments by
some other method acceptable to us.
Authorization to Vary Amounts, You understand that you have the right to receive written notice if an electronic debit will vary
from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com,
or by mail at 222 N. LaSalle St,, Suite 1600, Chicago, llinois 60601. Unless you exercise this right, you authorize us to vary the
amount of any electronic debit without notice so long as such debil is no more than the amount authorized above,
Partial Prepayments. If you make any partial prepayments. then you authorize us to vary the amount of the electronic debit as
heeded to reflect those partial prepayments, Any partial payment must be received at least 3 business days prior to an electronic
debit (0 ensure an electronic debit amount is varied to reflect such partial payment.
Additional Amounts, You further authorize us to initiate single electronic debits for the combined amount of a monthly payment
and a lale fee that comes due under this Note and separate electronic debits to Your Bank Account for any applicable amounts
that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates hey become due.
Instead of or in addition to.any electronic debits described above, you authorize us to electronically debit Your Bank Account for
any amount and on any date that you subsequently confirm by phone, text-message or e-mail,
Other Payment Arrangements, If we agree, you may enter into a modified payment arrangement thal may change certain terms
of this Payment Authorization. Ifyou and we agree to change any terms of this Paymant Authorization, including the dates or
‘amounts of scheduled monthly payments, all other provisions of this Payment Authorization not changed will remain in full force
and effect. Unless otherwise specified in the terms of your modified paymant arrangement, if you fail fo salisly your obligations
under any payment arrangement, you complete your obligations, or we terminate a payment arrangement, then you authorize us
(o debit Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior
to the modified payment arrangement, in accordance with this Payment Authorization
Error Correction. in the event we make an error in processing any electronic debil, you authorize us to initiate an electronic
abil of credit to Your Bank Account to correct the error. If you believe we:have initiated a payment in a manner not contemplated
by this authorization, then please contact Avant at 800-712-5407 or at 222 N. LaSalle St, Suite 1600, Chicago, Illinois 60801
Applicable Law. You acknowledge that the criginalion of electronic debits from Your Bank Account must comply with the
provisions of U.S. law. S
Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO AGREE TOTS ELEC FEONIC
DEBIT AUTHORIZATION TO ENTER INTO A TRANSACTION WITH US. BY SELECTING. feaS=OPTIONF YOU an sri,
s
ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY. Bias Oo A
wa
— Pay By Mail. You agree to make your monthly installment via paper check. To make a payment via paper check, you Sina your paftnent vt tne
to: ofo Avant, LLC, PO Box 9183380, Chicago, linois 60691-3380. Please note that any payment sent via physical means{il{Ge aifective sre
day it is received, however, it may take up to 3 business days from the date the payment is received for if to be reflected-o“on accoudt,
Please note that post-dated checks are not an acceptable payment method and may not be effective the day they are receiv ee o>
a
4, Prepayment.
wel
You may prepay the Debt in whole ‘or in part at any time without penalty, That is,. you will nat incur any additional fee or charge for partial
prepayment or prepayment in full.
§, Fees and Charges.
(a) Your Loan is subject to a non-refundable Administration Fee of $570.00. This fee is deducted from your Principal Loan Amount and is paid
to WebBank as the originator of this Loan. The Amount Financed is the Principal Loan Amount less the Administration Fee. Pre-payments will
not result in the refund of any Administration Fee amount. You acknowledge that the Administration Fee Is considered a part of your Principal
Loan Amount and is subject to the accrual of interest.
(b) Ifa payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee.
(c) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the
Debt is retumed unpaid.
6, Re-initiation Authorization.
IT you choose to make any payment via electronic debit, you authorize us {o re-initiate any électronic debit a lotal of two additionat limes (if
Necassary) for the same amount if the electronic debit is dishonored.
7. Use of Amount Financed.
You promise that you will use the proceeds of the Loan for consumer purposes and not for any siudent loan or any illegal purposes.
8. Breach/Remedies.
| (a) you fail to pay any scheduled installment when due; (b) any bankruptcy, recelvership.or insolvency proceeding is initiated by.or against
yOu of you make any assignment for the benefit of creditors; (c} you die; (d) you fail to keep any promise or meet any other obligation in this
Note; or (e) we discover thal you have made a material misreprésentation, then, subject to applicable law: {including any notice or cure right
under applicable law), we may declare all Debt under this ‘Note immediately due and payable, exercise any right provided by applicable law
and, if the Debl is referred for collection to an attorney who is not salaried employee of ours, charge yau reasonable altomeys' fees permitied
by applicable law.
8. Waivers.
‘We may accept late or partial payments, even though marked "paid in full,” or with simitar language, without losing any of our rights under this
Nate, and we may delay enforcing any of our rights under this Note without losing them. We do nol have to: (a) give notice that amounts due
have not been paid (‘notice of dishonor”), (b) demand payment of amounts due ("presentment"), or (c) obtain an official certification of
Aonpayment (“protest”), You hereby waive notice of dishonor, presentment and protest. Even if, at a time when you are in breach, we do not
require you to pay immediately in full as described above, we will still hava the right to do go If you are in breach at some other time. Neither our
¥
failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those tights in whole or in part,
fegardless of how often we fail or delay in enforcing or exercising such rights.
To the extent allowed by law, no extension of time for payment of any part of the Debt, and no alteration, amendment or waiver of any provision
of this Note or any other document or agreement relating to the Debt or this Note shail release, modify, amend, waive, extend, change,
discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all or
part of the Debt, unless otherwise agreed to in writing,
10. Applicable Interest and/or Laan Charge Maximums Will Be Gbserved.
Notwithstanding any provision of this Note to the contrary, if any law applicable to this Note or the Debt is finally interpreted so that the interest
or other charges or fees collected or to be collected in connection with the Debt or this Note exceed the legally permitted limit, thanS{a) any
such interest, charge or fee shalt be reduced by the amount necessary to reflect and be in compliance with the maximum permitted SR and
Cc}
{b) any sums already collected, to the extent such sums would’ otherwise exceed a permitted limit, will be refunded to Yoo Ne Say hose fo
make this refund by applying such amounts to your then outstanding Debt by reducing the Debt and/or by making a deca you. Saes
oe we
11. Severability. etr sO
Except as set forth in the Arbitration Provision, the unenforceability of any provision of this Note shail not affect the enlorH arvalidig-pf
any other provision of this Note.
= 57, —_
=
tt wo
12. Notices. we an
Unless otherwise specified, all notices and other communications under this Note shal! be given in writing and shail be deemed to have been ~ 6
duly given and effective upon seceipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic
transmission, and upon posting for notices we give you on our website. Any notice or other communication to you may be delivered in
accordance with the consent to electronic communications you have executed or to the address we maintain for you in our records. Any notice
fo us must be sent to Avant, 222 N. LaSalle St., Suite 1600, Chicago, Illinois 60604 unless a different address for notice is later provided in
writing by us to you,
13, Assignment.
You may not assign any of your obligations under this Note withoul our written permission, which we are ndl.required to give. We may assign
this Note at any time without your permission, Our transfer may be made by causing a registration of transfer in the record of ownership as
described below, without providing you with any other notice (except where such nolice is required by applicable law). Your obligations under
this Nole apply to all of your hairs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors
and assigns. Ownership of this Agreement (and rights hereunder, including with respect to principal and interest} shall be registered in a record
of ownership maintained by an entity specifically designated for such purposes. You hereby irrevocably appoint Avant as your agent acting
solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder)
will be valid only if and when il is registered in such record of ownership. You shail treal each persor whose name is registered in the record of
ownership as the owner, assignee or participant, as applicable, for all purposes of this Agreement including, but not limited to, the rights to
payments of principal and interest, The record of ownership shall be made available to you ina form and manner determined by the agent
maintaining it from time to time upon reasonable prior written notice.
1
14. Governing Law.
,
Except to the extent, if any, prohibited by applicable law, this Note (other than the Arbitration Provision) and all controversies relating to this
Note are governed by federal law and, to the extent state law applies, the law of the State of Utah. i
15, Amendment.
Except for orally agreed upon changes with respect to the Payment Authorization and any other changes to your Payment Schedule,
this Note may not be amended, modified or limited except by a written agreement executed by both you and us.
16. Contacting You; Phone and Text Messages.
You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties") to contact you using manual
calling methods, automatic ‘elephone dialing systems, artificial or prerecorded voice message systems, lext messaging systems and automated
email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due datés,
missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including
wireless, landline and VOIP numbers) or email addresses you supply to tha Messaging Parlies in connection with your Lean application, the
Messaging Parlies' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with
access to your telephone or email account may listen to or read the messages the Messaging Parlles leave or send you, and you agree that the
Messaging Parties will have no fiability for anyone accessing such messages. You further understand that, when you receive a telephone call,
text message or email, you may incur a charge from the company that provides you with telecommunicalians, wireless and/or Intemet services,
and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Partes to monitor and
record your calls with the Messaging Parties. To stop commercial advedtising or promotional emails, you can follow the opt-out instructions
included at the bottom of the Messaging Parties’ emails,
17. Credit Reports and Monitoring.
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. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL.
YOU UNDERSTAND AND AGREE THAT WEBBANK, AVANT AND THE STAI CONSUMER REPORT:
AND RELATED INFORMATION ABOUT YOU FROM ONE me MORE CONSUMER REPORTING AGENCIES THROUGHOUT THE TERM OF
‘OUR LO; INCLUDING IN THE MONTH FOLLOWII |ONTHWI SE SAY
EXPRESSLY AUTHORIZE WEBBANK, WANT AND THE. HODER OF THIS NOTE TO USE THE INFORMATION 0} OMaY
REPORTS TO, AMONG OTHER THINGS, MARKET REFINANCINGS AND OTHER PRs TO YOU, MAKE eclione RELATED 0
‘OUR AC ! ASURE. O} BTAINED FI COR AVAI Cy
IMPACTS YOUR CREDIT, PERFORM OTHER STATI STICAL ANALYSIS AND. shane ORAL ION WITH YOU a ae CREE an
*ROFILE, op
on.z= oO
18. Credit Bureau Disputes. Oe
eze.
If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by comtriatiig with?
Avant at 800-712-5407 or send an email to us at support@avant.com. You will need to provide your Loan Number along with Leopy of your
credit bureau report reflecting the information that you believe is inaccurate. If you believe that you have been the victim of identity theft, submit
an identity theft affidavit or identity theft report to idthef@avant.com.
19. Bankruptcy.
You promise that you are nol a dabtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and
have no current intention of filing a petition for relief under the United States Bankruptcy Code. if you file for bankruptcy under the United States
Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant al 222 N, LaSalle St., Suite 1600,
Chicago, Illinois 60601, Altn: Bankruptcy Notice.
20. Non-Negotiable Instrument.
This Note is not a negotiable instrument.
21, Arbitration Provision,
By signing below, you agree to this Jury Trial Waiver, Class Action Waiver and Arbitration Clause (*Clause’). We have drafted this Clause in
question and answer form to make it easier to understand. But, this Clause is part of this Agreement
and Is legally binding.
Background and Scope,
Question ShortAnswer Further Detail
What is arbitration? An alternative to court In arbitration, a third party arbitrator (“TPA’) resolves Disputes in a heating
(‘hearing’), It is less formal than a court case.
Is it different from Yes ‘The hearing is private. There is no jury. It is usually less formal, faster, and less
court and Jury trials? expensive than a lawsuit. Pre-hearing fact-finding (called “discovery’) is limited,
Appeals are limited. Courts raraly overturn arbitration awards,
Can you opt-out of this Yes, within 60 days If you do not want this Clause to apply, you must send us a signed notice wilhin 60
Clause? calendar days after signing this Agreement. You must send the notice in writing
{and not electronically) to the following address: Attn: Avant - Lega! Department,
222 N. LaSalle St., Suite 1600, Chicago, Wliinois 60601. You must provide your
name, address and Agreement number and date of this Agreement. You must
state that you “opt out" of the arbitration clause. If you opt-outof this Clause, it will
not affect any other term of this Agreement.
Whatis this Clause The parties' agreement Unless prohibited by applicable law and unless you opt out, you and we agree that
about? to arbitrate Disputes any party may elect to arbitrate or require arbitration o
Preview
sf IN THE MIDDLETOWN MUNICIPAL COURT CIVIL DIVISION Shog MIDDLETOWN, OHIO 2 LVNV FUNDING LLC. ~ Plaintiff "24 04 o795 By. Sia -VS- Case No. CVF2400684 Ch ERK OF C/ UNURTS MAGISTRATE ORDER DAVE SALMON TRANSFER Defendant “vy a 5 2X This matter came for review/hearing on the 3rd_ day of April , 2024 mm Oo The Magistrate finds as follows: <3 o (___) The amount claimed in the complaint exceeds the jurisdiction of the court. Tie ‘attr 83 dismissed without prejudice at the plaintiff's cost. (X_) The amount claimed in the counterclaim of the defendant exceeds the jurisdiction of this Court. The case is transferred to the Common Pleas Caurt. ( ) The defendant(s) does/do not reside in the jurisdiction of this court. The matter is transferred to ( ) This matter is transferred to the Regular Dacket of Middletown Municipal Court at the tequest of a party supported by sufficient evidence. ( ) The amount asserted in the counterclaim exceeds the limits of the Small Claims Division of the Municipal-Court. This matter is transferred to the Regular Civil Docket. Geoffre 4 \derman, Magistrate FILED APR ~3 2024 Middletown Municipal Court Steven P. Longworth Clerk of Court 413/24, 10:29 AM Case CVF2400684 z, & - 03/04/2024 CASE WAS FILED WITH COURT Image 03/09/2024 SUMMONS ISSUED TO SALMON, DAVE SeA. tp, & TekAr) BY PERSONAL. CIVIL FILING FEE $115.00 n°. a B, SF. , Che P PAYMENT - RECEIPT NO, 242402433 IN THE AMOUNT OF $ 115.00 wo Image 03/18/2024 SeMMONS SERVED TO DEFENDANT(S) BY BAILIFF - RESIDENCE So image £2 ANSWER DATE OR CASE WILL DEFAULT 4/15/24 ae a4 Py 7 04/01/2024 COUNTERCLAIM FILED aca — ge >2 COUNTERCLAIM FILED SUMMONS ISSUED $50.00 Be nm PAYMENT - RECEIPT NO. 2403436 IN THE AMOUNT OF $ 50.00 20" image Boe oe <> ot MOTION TO DISMISS PLAINTIFF LACKS ST/FANDING AS = Image wh NOTICE OF APPEARANCE FILED BY ANDREW BARNES FOR DEFENDANT Image ENTRY AND ORDER FOR MOTION 10D 12E Image PROPOSED ORDER Image NOTICE OF SUBMISSION oe ANSWER FILED Image 04/03/2024 MAGISTRATE ORDER TO TRANSFER GRANTED. age TRANSCRIPT/DOCKET PRINTING & ALL FILINGS ISSUED TO BUTLER COUNTY COMMON PLEAS COURT 315-HIGH ST HAMILTON, OH 45011 VIA CERTIFIED MAIL E-CERTIFIED MAIL # 9314 8699 0440 0074 8008 35 ISSUED ON: 04/03/2024 TO: BUTLER COUNTY COMMON PLEAS. SENT BY: BG. op 4.3.3-Ay. L, G, -DATE ms | HEREBY CERTIFY THE FOREGOING [0 BE'A TRUE AND CORRECT COPY OF PHEORIGINAL, ON FILE IN THIS COWAT. SS.St MIDDLE TOW. Muu ‘QUA STEVE! N cle “F, RK = al) C4 deo I - - mo file://172.18.0.230/temp/ntml/172018001056.htm 1 :: 5 « IN THE MIDDLETOWN MUNICIPAL COURT - OF BUTLER COUNTY, OHIO Se me LYNV FUNDING LLC == ) CASE NO. bo C/o Resurgent Capital Services 355 S Main Street ) GYEZHoOUs4 . ) Greenville, SC 29601 Plaintiff ok -v- COMPLAIN ws, Dave Salmon 3609 Lewis St mo Middletown, OH 45044-6132 es oo may Defendant arw may Ary Ze = i 1. Plaintiff acquired, for a valuable consideration, all right, title and interest ia andto the cig Set Yeath <5 below originally owed by Defendant to WebBank. S22 2 2. There is due to Plaintiff from the Defendant upon am assigncd Written Agreement di@sum of om ate, $13,148.55. ~ 3. A copy of said Written Agreement is attached hereto as Exhibit "A". 4. Plaintiff notified Defendant of the assignment and demanded that Defendant pay the balance due on the Written Agreement, but no patt of the foregoing balance has been paid. WHEREFORE, Plaintiff prays for judgment against Defendant in the amount of $13,148.55 with interest at the statutory rate of 5.00% per annum from the date of judgment and costs of this action. LIX Annemarie C. Wodziéz 103733 Javitch Block LLC 1100 Superior Ave ¢, 19th Floor! Cleveland, OH 44114-2521 (800) 837-0109 CLE@)jblle.com Fax (216) 623-0190 ll (hi i | Ma ole 2 o 2109068 PLB Mailing Loan Agreement and Promissory Note SECTION 21 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. Date of Loan; July27, 2022 Loan No. nm LenderiCreditor: WebBank clo Avant ee o* 222 N, LaSalle St, Suite 1600 mon a Chicago, IL 60601 ro m-€ Borrower; owe Dave Salmon QamnN One 3609 Lewis Street, Gu aay Middletown, OH 45044 Se FEDERAL TRUTH IN LENDING ACT a) DISCLOSURES IAL PERCENTAGE. RATE costo your credit as ayeaty ide. SS 29 55% FINANCE: CHARGE The dolar amount te credit ct yOu. $10623 Amount Financed The amountof credit provided to you cr on your behalf. $11430.00 Total of Payments The amount you will have paid after you have made all payments as scheduled, $22053.56 Payment Schedule: You must make-59 manthly payments of $367.54, wilh the first payment due on Thursday, September 01, 2022, and each subsequent payment due on the same day of each month thereafter, and a final payment of $368.70 plus any unpaid fees, charges, and interest due on Sunday, August 01, 2027. Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment. Late Fee: If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee. Prepayment: If you pay off early, etherin full or partially, you will not have to pay a penaity and you will not be entitled to a refund of part of the finance charge. See the remainder of this Note for any additional information aboul nonpayment, defaull, and any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed The Amount Financed of $11430.00 is calculated as follows: ean 4 $12000.00 Principal Loan Amount mS ore- Oe 7 oy 0 less m iat oO OT gf kaets eek nT $870.00 Administration Fee retained by WebBank 2s equals Gants oi wo wi $11430.00 Amount Financed ey $11430.00 of Amount Financed is given ta you direclly $0.00 of Amount Financad is paid with respect to your existing loan serviced by Avant (Existing Payoff Amount) ADDITIONAL PROVISIONS 1, Parties, Status of Application; Further Steps Before Approval and Funding of Loan. WebBank, an FDIC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as LendenCrecitor (‘WebBank’) is the lender of this loan (‘Loan’). In this Loan Agreement and Promissory Note ("Note or “Agreement’), the words “you,” “your” and Borrower(s)" mean the Borrower(s) idenlified above. The words 'we,” “us,” and “our” mean WebBank, and after consummation any person ‘who obtains WebBank's rights in this Note. We have not yet committed to make the Loan. We will only be committed to make the Loan if and when we initiate, in Ulah, @ transfer of funds from our offices in Utah to the bank account you identify for this purpose in the process of applying for the Loan or in connection with the Existing Payoff Amount referenced above to another account on your behalf. Any of oir rights, actions, Privileges or obligations which are permitted or required to be determined or performed hereunder may be determined or performed by our Service provider and such determinations or actions shall have the same effect as if taken by us. 2, Promise to Pay; Interest, {fall conditions to funding tha Loan are met {see Section 1) and the Loan is funded: (a) $11430,C0 of the Amount Financed will be deposited into Your Bank Account as defined below and $0.00 of the Amount Financed is paid with respect to your existing loan serviced by Avant, LLC (‘Avant’) and (b) you promise to pay to us (i) the Principal Loan Amount of $1200.00; (ii) simple interest, which accrues daily on the outstanding principal balance, from July 29, 2022 until the date the Loan is paid in full, al the daily rate of 0.07402740%; and (ii) any and all other amounts that become due and payable under this Note (collectively, the “Debt"). 3. (a) Note Payments; Application of Payments, : Per the Payment Schedule, this Note is payable in 60 substantially equal monthly installments, including (i) 69 payments of $367.54, commencing Thursday, September 01, 2022; and (ii) a sing'e final payment of $368.70 on Sunday, August 01, 2027 (Ihe "Maturity Date"). On the Maturity Date, you shall also be responsible for paying any outstanding fees, charges, and interest. Payments will be due on the same day of every month (such day of the month, or such other dayof the month as you and we shail mutually agree in the future, being the “Menthly Due Date’). You may choose to repay by elther of the options below in the Section 3(b) Payment Authorization as well as any other reasonable form of payment that we permit including but not limited to paper check. We have based the Payment Schedule on the assumption that you will pay all payments as scheduled. If any paymentis scheduled on a date we are nol cpen for business, then you agree to pay us on the next business day, and if such amount is paid on such next business day, we will credit such payment as if we received it on the applicable Monthly Due Date, Payments will be applied first to outstanding fees, if any, then to accrued interesi, and then to principal. On the Maturity Date, any unpaid Deb! will ba payable in full. Unless modified by you and us, the final required payment will ikely vary somewhat from prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history Causes the interest owing to be tess than the above Payment Schedule, we will adjust your final payoff payment to reflect such decrease. If your payment history causes the interest owing to be more than the above Payment Schedule or if any unpaid Debt remains after the Maturity Date, then interest will continue to accrue on the outstanding principal balance al the daily rate set forth above in Section 2 of this Agreement unti) your obligations, including outstanding principal balance, are paid In full. * 3. (b) Payment Authorization. The payment method checked below is based on the payment method you selected during the application process. However, you may choose to repay by any other reasonable form of payment that we permit, including but not limited to mailing a paper check. To make @ paymentvia paper check, cashier's check, or money order, you can mail your payment to: c/o Avant, LLC, PO Box 9183380, Chicago, Illinois 60691-3380. Please note thal any payment sent via physical means will be effective the day i is received, however, it may take up to 3 business days from the date the payment is received for il to be reflected on your account. Please note thal past-dated checks are nat an acceptable payment method and may not be elfective the day they are received. If you wish to change your payment method, you may contact us by communicating with Avant at 800-712-5407 or support@avant.com. You understand that we will process the payments provided fq. ynder this Agreement by the mathod checked betow, which gives you convenience and gives us security that payments will be received on timec> X Direct ACH Debit. By selecting the Direct ACH Debil option, you hereby authorize us (0 initiate an electronic dabit to ie BEcatems ‘lect for this purpose during the application process, or ariy substitute account you later specify, hersinafter called “Your Bank. Account,” at the satay o: Gepository financial institution you idenlify, hereinafter called “Depository.* You authorize us to electronically debit Your’ Sno Aecoun a at accordance with these provisions for amounts owing on or after each scheduled payment date in the Payment Schedule, or foF otter, amounts ay 2 and dates as provided in the provisions below. oOo Ls oO Your Bank Account Information. If there is any missing or erroneous information regarding Depository or You Bark KGGount > Ba then you authorize us fo verify and correct the:information. You promise that the information that you provide to&@ relating to a, Your Bank Account corresponds to a legitimate, open and active account of which you are an owner and that you have the right to initfate (and to authorize us to initiate) electronic debits from Your Bank Account, You acknowledge that Your Bank Account also includes any bank account that you may designate for payment in the future, and which we confirm in writing with you, Dates and Amounts in the Payment Schedule. You acknowledge that this authorization is an authorization to iniiate an electronic debil to Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you fo us under this Agreement. You authorize us to: initiate an electronic debit for any amount owing in connection with your final Payment to the extent such amount is less than your monthly payment amount. Dates and Amounts Post Maturity Date. If, on the Maturity Date, any unpaid Debt remains and you do not instruct us to debit the full amount of your outstanding balance on the Maturity Date, hen you authorize us to continue fo initiate electronic debits to Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal.to the monthly payment amount ($367.54) set forth in your Payment Schedute, or if less, the remaining balance, including fees, charges, and interest, until your obligations are paid in full. You authorize us to initiate electronic debits to Your Bank Account on or after each scheduled payment date, including Monthly Oue Dates, for amounts due under any modified payment arrangement as sat forth in the “Other Payment Arrangements” section under this Direct ACH Debit provision, Termination, You understand and acknowledge that you may terminate this authorization by notifying us via email at support@avant.cam or by mail to Avant, ATTN: Compliance Department, 222 N, LaSalle St, Suite 1600, Chicago, Illinois 60804 at least three business days before you wish to terminate this aulhorization or in such time as to afford us.and Depository a reasonable opportunity to act on your request. ff an electronic debit is returned to us, we, or our service provider acting on cur behalf, may terminate any future recurring electronic debits. If this occurs, you will be responsible for making your payments by some other method acceptable to us. Authorization to Vary Amounts, You understand that you have the right to receive written notice if an electronic debit will vary from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com, or by mail at 222 N. LaSalle St,, Suite 1600, Chicago, llinois 60601. Unless you exercise this right, you authorize us to vary the amount of any electronic debit without notice so long as such debil is no more than the amount authorized above, Partial Prepayments. If you make any partial prepayments. then you authorize us to vary the amount of the electronic debit as heeded to reflect those partial prepayments, Any partial payment must be received at least 3 business days prior to an electronic debit (0 ensure an electronic debit amount is varied to reflect such partial payment. Additional Amounts, You further authorize us to initiate single electronic debits for the combined amount of a monthly payment and a lale fee that comes due under this Note and separate electronic debits to Your Bank Account for any applicable amounts that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates hey become due. Instead of or in addition to.any electronic debits described above, you authorize us to electronically debit Your Bank Account for any amount and on any date that you subsequently confirm by phone, text-message or e-mail, Other Payment Arrangements, If we agree, you may enter into a modified payment arrangement thal may change certain terms of this Payment Authorization. Ifyou and we agree to change any terms of this Paymant Authorization, including the dates or ‘amounts of scheduled monthly payments, all other provisions of this Payment Authorization not changed will remain in full force and effect. Unless otherwise specified in the terms of your modified paymant arrangement, if you fail fo salisly your obligations under any payment arrangement, you complete your obligations, or we terminate a payment arrangement, then you authorize us (o debit Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior to the modified payment arrangement, in accordance with this Payment Authorization Error Correction. in the event we make an error in processing any electronic debil, you authorize us to initiate an electronic abil of credit to Your Bank Account to correct the error. If you believe we:have initiated a payment in a manner not contemplated by this authorization, then please contact Avant at 800-712-5407 or at 222 N. LaSalle St, Suite 1600, Chicago, Illinois 60801 Applicable Law. You acknowledge that the criginalion of electronic debits from Your Bank Account must comply with the provisions of U.S. law. S Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO AGREE TOTS ELEC FEONIC DEBIT AUTHORIZATION TO ENTER INTO A TRANSACTION WITH US. BY SELECTING. feaS=OPTIONF YOU an sri, s ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY. Bias Oo A wa — Pay By Mail. You agree to make your monthly installment via paper check. To make a payment via paper check, you Sina your paftnent vt tne to: ofo Avant, LLC, PO Box 9183380, Chicago, linois 60691-3380. Please note that any payment sent via physical means{il{Ge aifective sre day it is received, however, it may take up to 3 business days from the date the payment is received for if to be reflected-o“on accoudt, Please note that post-dated checks are not an acceptable payment method and may not be effective the day they are receiv ee o> a 4, Prepayment. wel You may prepay the Debt in whole ‘or in part at any time without penalty, That is,. you will nat incur any additional fee or charge for partial prepayment or prepayment in full. §, Fees and Charges. (a) Your Loan is subject to a non-refundable Administration Fee of $570.00. This fee is deducted from your Principal Loan Amount and is paid to WebBank as the originator of this Loan. The Amount Financed is the Principal Loan Amount less the Administration Fee. Pre-payments will not result in the refund of any Administration Fee amount. You acknowledge that the Administration Fee Is considered a part of your Principal Loan Amount and is subject to the accrual of interest. (b) Ifa payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee. (c) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the Debt is retumed unpaid. 6, Re-initiation Authorization. IT you choose to make any payment via electronic debit, you authorize us {o re-initiate any électronic debit a lotal of two additionat limes (if Necassary) for the same amount if the electronic debit is dishonored. 7. Use of Amount Financed. You promise that you will use the proceeds of the Loan for consumer purposes and not for any siudent loan or any illegal purposes. 8. Breach/Remedies. | (a) you fail to pay any scheduled installment when due; (b) any bankruptcy, recelvership.or insolvency proceeding is initiated by.or against yOu of you make any assignment for the benefit of creditors; (c} you die; (d) you fail to keep any promise or meet any other obligation in this Note; or (e) we discover thal you have made a material misreprésentation, then, subject to applicable law: {including any notice or cure right under applicable law), we may declare all Debt under this ‘Note immediately due and payable, exercise any right provided by applicable law and, if the Debl is referred for collection to an attorney who is not salaried employee of ours, charge yau reasonable altomeys' fees permitied by applicable law. 8. Waivers. ‘We may accept late or partial payments, even though marked "paid in full,” or with simitar language, without losing any of our rights under this Nate, and we may delay enforcing any of our rights under this Note without losing them. We do nol have to: (a) give notice that amounts due have not been paid (‘notice of dishonor”), (b) demand payment of amounts due ("presentment"), or (c) obtain an official certification of Aonpayment (“protest”), You hereby waive notice of dishonor, presentment and protest. Even if, at a time when you are in breach, we do not require you to pay immediately in full as described above, we will still hava the right to do go If you are in breach at some other time. Neither our ¥ failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those tights in whole or in part, fegardless of how often we fail or delay in enforcing or exercising such rights. To the extent allowed by law, no extension of time for payment of any part of the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document or agreement relating to the Debt or this Note shail release, modify, amend, waive, extend, change, discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all or part of the Debt, unless otherwise agreed to in writing, 10. Applicable Interest and/or Laan Charge Maximums Will Be Gbserved. Notwithstanding any provision of this Note to the contrary, if any law applicable to this Note or the Debt is finally interpreted so that the interest or other charges or fees collected or to be collected in connection with the Debt or this Note exceed the legally permitted limit, thanS{a) any such interest, charge or fee shalt be reduced by the amount necessary to reflect and be in compliance with the maximum permitted SR and Cc} {b) any sums already collected, to the extent such sums would’ otherwise exceed a permitted limit, will be refunded to Yoo Ne Say hose fo make this refund by applying such amounts to your then outstanding Debt by reducing the Debt and/or by making a deca you. Saes oe we 11. Severability. etr sO Except as set forth in the Arbitration Provision, the unenforceability of any provision of this Note shail not affect the enlorH arvalidig-pf any other provision of this Note. = 57, —_ = tt wo 12. Notices. we an Unless otherwise specified, all notices and other communications under this Note shal! be given in writing and shail be deemed to have been ~ 6 duly given and effective upon seceipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic transmission, and upon posting for notices we give you on our website. Any notice or other communication to you may be delivered in accordance with the consent to electronic communications you have executed or to the address we maintain for you in our records. Any notice fo us must be sent to Avant, 222 N. LaSalle St., Suite 1600, Chicago, Illinois 60604 unless a different address for notice is later provided in writing by us to you, 13, Assignment. You may not assign any of your obligations under this Note withoul our written permission, which we are ndl.required to give. We may assign this Note at any time without your permission, Our transfer may be made by causing a registration of transfer in the record of ownership as described below, without providing you with any other notice (except where such nolice is required by applicable law). Your obligations under this Nole apply to all of your hairs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors and assigns. Ownership of this Agreement (and rights hereunder, including with respect to principal and interest} shall be registered in a record of ownership maintained by an entity specifically designated for such purposes. You hereby irrevocably appoint Avant as your agent acting solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder) will be valid only if and when il is registered in such record of ownership. You shail treal each persor whose name is registered in the record of ownership as the owner, assignee or participant, as applicable, for all purposes of this Agreement including, but not limited to, the rights to payments of principal and interest, The record of ownership shall be made available to you ina form and manner determined by the agent maintaining it from time to time upon reasonable prior written notice. 1 14. Governing Law. , Except to the extent, if any, prohibited by applicable law, this Note (other than the Arbitration Provision) and all controversies relating to this Note are governed by federal law and, to the extent state law applies, the law of the State of Utah. i 15, Amendment. Except for orally agreed upon changes with respect to the Payment Authorization and any other changes to your Payment Schedule, this Note may not be amended, modified or limited except by a written agreement executed by both you and us. 16. Contacting You; Phone and Text Messages. You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties") to contact you using manual calling methods, automatic ‘elephone dialing systems, artificial or prerecorded voice message systems, lext messaging systems and automated email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due datés, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to tha Messaging Parlies in connection with your Lean application, the Messaging Parlies' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parlles leave or send you, and you agree that the Messaging Parties will have no fiability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunicalians, wireless and/or Intemet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Partes to monitor and record your calls with the Messaging Parties. To stop commercial advedtising or promotional emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails, 17. Credit Reports and Monitoring. 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. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL. YOU UNDERSTAND AND AGREE THAT WEBBANK, AVANT AND THE STAI CONSUMER REPORT: AND RELATED INFORMATION ABOUT YOU FROM ONE me MORE CONSUMER REPORTING AGENCIES THROUGHOUT THE TERM OF ‘OUR LO; INCLUDING IN THE MONTH FOLLOWII |ONTHWI SE SAY EXPRESSLY AUTHORIZE WEBBANK, WANT AND THE. HODER OF THIS NOTE TO USE THE INFORMATION 0} OMaY REPORTS TO, AMONG OTHER THINGS, MARKET REFINANCINGS AND OTHER PRs TO YOU, MAKE eclione RELATED 0 ‘OUR AC ! ASURE. O} BTAINED FI COR AVAI Cy IMPACTS YOUR CREDIT, PERFORM OTHER STATI STICAL ANALYSIS AND. shane ORAL ION WITH YOU a ae CREE an *ROFILE, op on.z= oO 18. Credit Bureau Disputes. Oe eze. If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by comtriatiig with? Avant at 800-712-5407 or send an email to us at support@avant.com. You will need to provide your Loan Number along with Leopy of your credit bureau report reflecting the information that you believe is inaccurate. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report to idthef@avant.com. 19. Bankruptcy. You promise that you are nol a dabtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and have no current intention of filing a petition for relief under the United States Bankruptcy Code. if you file for bankruptcy under the United States Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant al 222 N, LaSalle St., Suite 1600, Chicago, Illinois 60601, Altn: Bankruptcy Notice. 20. Non-Negotiable Instrument. This Note is not a negotiable instrument. 21, Arbitration Provision, By signing below, you agree to this Jury Trial Waiver, Class Action Waiver and Arbitration Clause (*Clause’). We have drafted this Clause in question and answer form to make it easier to understand. But, this Clause is part of this Agreement and Is legally binding. Background and Scope, Question ShortAnswer Further Detail What is arbitration? An alternative to court In arbitration, a third party arbitrator (“TPA’) resolves Disputes in a heating (‘hearing’), It is less formal than a court case. Is it different from Yes ‘The hearing is private. There is no jury. It is usually less formal, faster, and less court and Jury trials? expensive than a lawsuit. Pre-hearing fact-finding (called “discovery’) is limited, Appeals are limited. Courts raraly overturn arbitration awards, Can you opt-out of this Yes, within 60 days If you do not want this Clause to apply, you must send us a signed notice wilhin 60 Clause? calendar days after signing this Agreement. You must send the notice in writing {and not electronically) to the following address: Attn: Avant - Lega! Department, 222 N. LaSalle St., Suite 1600, Chicago, Wliinois 60601. You must provide your name, address and Agreement number and date of this Agreement. You must state that you “opt out" of the arbitration clause. If you opt-outof this Clause, it will not affect any other term of this Agreement. Whatis this Clause The parties' agreement Unless prohibited by applicable law and unless you opt out, you and we agree that about? to arbitrate Disputes any party may elect to arbitrate or require arbitration o