Not Motion in Goldman Sachs Bank Usa v. Fritz Cayemitte| Trellis.Law

On April 13, 2024 a Exhibit,Appendix was filed involving a dispute between Goldman Sachs Bank Usa, and Fritz Cayemitte, for Other Matters - Consumer Credit (Non-Card) Transaction in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 04/13/2024 12:39 AM INDEX NO. 606448/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/13/2024

EXHIBIT A
soca
FILED: NASSAU COUNTY CLERK 04/13/2024 12:39 AM INDEX NO. 606448/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/13/2024
DocuSign Envelope ID: 678D580A-CC37-4650-B22E-50CC33A803C7

Marcus:
Sachs'
by Goldman

INSTALLMENT LOAN AGREEMENT
READ THIS ENTIRE AGREEMENT (INCLUDING ANY APPENDICES) CLOSELY BEFORE SIGNING. IT CONTAINS IMPORTANT
DISCLOSURES AND THE TERMS OF YOUR LOAN. FOR EXAMPLE: (1) THE FEDERAL TRUTH IN LENDING DISCLOSURE APPEARS
BELOW; AND (2) SECTION 2 PROVIDES IMPORTANT DETAILS ABOUT PAYMENTS AND HOW CERTAIN PRODUCT FEATURES
WORK.

SECTION 18 RECtUIRES CLAIMS TO BE ARBITRATED AND FORBlDS CLASS ACTIONS UNLESS YOU (1) ARE SUBJECT TO*

HE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT ARBITRATION UNDER
SECTION 18(f) BY PHONE OR MAIL (WE MUST RECElVE YOUR REJECTION WITHIN 90 DAYS AFTER YOUR LOAN
AGREEMENT DATE).

Lender: Borrower:
Goldman Sachs Bank USA, Salt Lake City Branch fritz cayemitte
Salt Lake City, Utah 107 craig ave,
Freeport, NY 11520

Loan Agreement Date: 2022-01-07

FEDERAL TRUTH IN LENDING DISCLOSURES

ANNUAL FINANCE CHARGE AMOUNT TOTAL OF
PERCENTAGE RATE (e) FINANCED PAYMENTS (e)

The cost of your The dollar amount The amount of credit The amount you will
credit as a yearly rate the credit will cost provided to you or have paid after you
you on your behalf have made all
6.99% scheduled payments
$5,215.42 $35,000.00
$40,215.42

Your payment schedule will be ("Payment Schedule"):

Number of Payments Amount of Payments When Payments Are Due

47 $837.95 Monthly beginning on the date that
is one month after your Loan
1 $831.77 (e) 1 Agreement Date.

Prepayment: If you pay all or part of this loan early, you will not have to pay a penalty.

See the rest of this Installment Loan Agreement for any additional information about nonpayment, default and any
required repayment in full before the scheduled date.

----------------.

(e) means estimated.

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Itemization of Amount Financed (e)

$20,000.00 is being disbursed to you directly.
$7,000.00 is being disbursed to your account ending in with American Express.
$4,000.00 is being disbursed to your account ending in with Citibank.
$4,000.00 is being disbursed to your account ending in with Discover Bank.

[YOUR INSTALLMENT LOAN AGREEMENT CONTINUES ON THE NEXT PAGE]

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"you" "your" "us," "we" "our"
As used in this Agreement, and mean the borrower listed above and and mean Goldman Sachs
Bank USA and any of our successors, assigns, agents and service providers.

1. Agreement to Pay.

a. General

By signing below, you agree to the terms of this Installment Loan Agreement, and any Appendices
("Agreement"). You agree to pay to us the Amount Financed shown on the first page of this Agreement (your
"Amount Financed") together with interest, which accrues
daily on the outstanding principal balance using an
annual interest rate of 6.99% (together referred to as the "Loan"). Because this is a daily simple interest Loan,
interest accrues every day on the principal balance that is outstanding. To the extent permitted by applicable law,
interest will continue to accrue after maturity or acceleration of this Agreement (and after any judgment) every
day until you pay in full all amounts due under this Agreement.

b. Disbursement

1. If we are unable to disburse the entire Amount Financed to the account(s) provided, we may declare
this Loan void. If we declare this Loan void, we will inform you.

2. If we are unable to disburse a portion of the Amount Financed, you authorize us, at our option, to
either:

(i). disburse that portion of the Amount Financed to any account that you provided to us for
disbursement purposes; or

(ii). reduce the Amount Financed by the amount that we are unable to disburse to you and
recalculate your payments over the loan term selected during the application process. If we
reduce the Amount Financed, we will notify you and provide you with revised Federal Truth in

Lending Disclosures.

For example, if you take out a 48 month loan for $16,000 and you direct us to disburse $5,000 to a credit
card and $11,000 to a bank account and we are una+e to disburse the $5,000
to the credit card, we may
either: (i) disburse the $5,000 to the bank account; or (ii) reduce your loan amount to $11,000 and
recalculate the monthly payment amount of the $11,000 loan over 48 months.

2. Payments.

a. General.

1. Scheduled amounts
due under this Agreement are payable as follows: (i) 47 equal monthly payments of
$837.95 (each, a "Monthly Payment"); and (ii) single final payment of the remaining amount due
a
under this Agreement ("Final Payment"). Your Final Payment will be due one month after the due date
of your last Monthly Payment. The date that your Final Payment is due is your maturity date.

2. If you pay late, pay less than your amount due or miss a payment, you will pay more interest and your
Final Payment will be larger as a result. In addition, failure to make payments in full and on time may
result in an event of default under Section 5 of this Agreement.

3. If you pay early or you pay more than your amount due, you will pay less interest and your Final Payment
will be reduced as a result.

4. See Sections 2(b) and 2(g) for details about how we apply certain early, partial or missed payments and
how that impacts your monthly amount due.

5. Except as discussed below in Section 2(g), payments will be applied first to accrued and unpaid interest
and then to your outstanding principal balance.

6. Payments that we receive at or before 5:00p.m. ET will be credited to your Loan as of that day. Payments
that we receive after 5:00p.m. ET will be credited to your Loan on the next day. We reserve the right to

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reject any payments that are not made in accordance with this Agreement or the instructions that we
provide.

"make" "made"
7. For purposes of this Agreement, you a payment or a payment is deemed only when we
have received it and credited it to your Loan.

b. Monthly Amount Due.

Your monthly amount due consists of your Monthly Payment (or, when applicable, your Final Payment) plus any
past due amount from any prior monthly payment period(s) ("Monthly Amount Due").

1. Partial or Missed Payments. If you fail to make a payment or make a partial payment, all past due amounts
will be included in your Monthly Amount Due on your upcoming due date.

2. Payment Period. You must make your Monthly Payment (or, when applicable, your Final Payment) each
Period"
month during your Payment Period. "Payment is defined as: (i) the period that begins on the day
that you sign this Loan Agreement and ends at 5:00 p.m. ET on your first payment due date; and after
that, (ii) the period
that begins immediately after the previous payment period closes and ends at 5:00
p.m. ET on your upcoming due date. If you pay more than your Monthly Payment in any Payment Period,
the excess amount will not be applied to any subsequent payments.

For example, if your due date is the 20th of each month, your April Payment Period will begin immediately
after 5:00 p.m. ET on March 20 and end at 5:00 p.m. ET on April 20. Any payment that you make during
this Payment Period will be applied first to any past due balances and then to your April Monthly Payment.
This payment will be applied to interest and principal in accordance with Section 2(a)(5) above.

c. Due Dates.

30th 31St
If your due date is on the 29th, or and the month does not have those days, your payment will be due on
the last day of the month.

d. Due Date Changes.

1. You may change your due date up to three times during the life of your Loan.

2. This feature will not be available while you have any past due amounts outstanding or during any
payment deferral.

3. If you are signing this Agreement online, you may change your first due date as part of the initial online
Loan setup process.

4. Except as described in Section 2(d)(3) above, you will not be able to request changes to your due date
until after your first due date.

5. You may not change your due date during your final monthly payment period.

6. In many cases, your due date change will not apply to your upcoming due date. In these situations, you
will need to make your upcoming payment on your previously scheduled due date. When you request a
due date change, we will tell you when the change will take effect.

e. Payment Deferral.

1. If your Loan is repayable over more than 12 months, the payment deferral benefit allows qualifying
borrowers to defer a Monthly Payment for one month (a "Payment Deferral"). To qualify: (i) you must
make at least 12 consecutive Monthly Payments prior to any Payment Deferral; and (ii) at the time that
you request a Payment Deferral, you must have made all of your prior Monthly Payments in full and on
time.

2. If you ever fail to make a Monthly Payment in full and on time, you will not qualify for a Payment Deferral
(even if you previously made more than 12 Monthly Payments in full and on time).

16th
For example, if you made your first 15 Monthly Payments in full and on time and then made your

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Monthly Payment 1 day after your due date, you will not qualify for a Payment Deferral.

3. Each time that you use a Payment Deferral, you can qualify for another one if (i) you make at least 12
additionalMonthly Payments after using your prior Payment Deferral and (ii) at the time that you request
your new Payment Deferral, all of your prior Monthly Payments have been made in full and on time.

4. Payment Deferrals do not accumulate. That means that, once you qualify for a Payment Deferral, you will
not qualify for another one until you use that Payment Deferral and meet the requirements set forth in
Section 2(e)(3) above again.

5. To use a Payment Deferral, you must call 844-627-2872 (toll free) prior to 5:00p.m. ET on the day that is
16 days before the Monthly Payment due date that you want to defer or, if the day described in the
previous clause is not a Business Day (as defined below), 5:00p.m. ET on the previous Business Day. Our
business days are Monday through Friday, excluding federal holidays ("Business Days"). At any time

during your Loan term, at our sole discretion, we may elect to change the date by which you must call us
to use a Payment Deferral. If we change this date, we will not increase the advance notice required to use
a Payment Deferral. We will notify you in writing (for example, through a notice in your monthly
statement) if we elect to make this change.

6. When you use a Payment Deferral, we will:

a waive the interest that would otherwise have accrued during the month that your payment was
deferred; and

m extend your Loan term by one month (interest will accrue during this month).

7. Your obligation to make payments will resume with the Monthly Payment after your deferral.

14"' 23rd
For example, assume the due date for your Monthly Payment is March and you make a Payment

Deferral request on March 1". If you have made all of your previous Monthly Payments in full and on time:

m your next Monthly Payment will be due on April 23rd.

a we will waive interest for one month;

m we will extend your Loan term for one month; and

23'd 23'd
a your Final Payment that was originally due on December will now be due on January
(interest will accrue during this month).

f. Making Payments.

1. Payment must be made to us at an address or through a manner that we designate.

2. We will only accept payments drawn on a bank account or credit union member share account
maintained in the U.S. or U.S. money orders.

3. All payments must be payable in U.S. dollars.

4. You must not make payments using cash or coin.

5. You must include your Loan number on any payment submitted by mail or payment that you initiate from
your bank. Failing to include a loan number may delay or prevent the crediting of your payment.

g. Applying Payments.

1. If you submit a payment and have more than one outstanding loan, we will apply your payment in the

following order:

(i). If you include a loan number, we will apply your payment to that loan.

(ii). If you do not include a loan number, but your payment amount matches the Monthly Amount

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Due on one of your outstanding loans, we will apply your payment to that loan.

(iii). If we are unable to apply your payment using the above rules, we will apply your payment in
the following order:

(1). To past due amounts.

(2). To currently due monthly payments.

(3). To accrued and unpaid interest.

(4). To outstanding principal balances.

(iv). If you have multiple loans with balances in the categories listed in (iii) above and different
interest rates, we will apply payments to the highest interest rate balances first, and then to lower
interest rate balances in descending order.

(v). If you have multiple loans with balances in the categories listed in (iii) above with the same
interest rates, payments will be applied in chronological order beginning with the loan with the
earlier loan agreement date.

Examples: Assume that a borrower has the two loans listed below:

" Loan one: $350 monthly payment; 6.99% interest rate; due date of March 5

" Loan two: $450 monthly payment; 8.99% interest rate; due date of March 21

Example 1: Borrower pays us $500 on March 3 and does not include a loan number. We will apply
$450 to loan two (because the interest rate is higher for that loan) and $50 to loan one. If the
borrower does not pay the remainder of her loan one Monthly Amount Due (in this case, $300) by
March 5, the borrower will be past due.

Example 2: For this example, assume (i) loan one is past due; and (ii) the Monthly Amount Due for
loan one is $415 ($350 monthly payment plus a past due amount of $65). The borrower makes a
$415 payment on March 21 and does not include a loan number. We will apply the $415 payment
to loan one because the $415 payment matches the Monthly Amount Due for loan one.

Example 3: For this example, assume (i) loan one is past due; and (ii) the Monthly Amount Due for
loan one is $415 ($350 monthly payment plus a past due amount of $65). The borrower makes a
$400 payment on March 15 and does not include a loan number. We will apply $65 of the
payment to loan one to satisfy the past due amount- Then, we will apply the remaining $335 to the
Monthly Amount Due for loan two (because the interest rate is higher for that loan).

h. Electronic Funds Transfer ("EFT") Payments.

We offer you the option to make payments by EFT. EFT services involve us initiating one or more electronic
debits from a deposit account that you specify. While you are not required to use EFT services that we provide,

by signing this Agreement, you agree that the EFT Authorization that is attached as Appendix A applies to any
EFT service that you use.

i. Permission to Convert Checks to EFTs.

When you make a payment by check, you authorize us either to (1) use information from your check to make a
one-time EFT from your account or (2) process the payment as a check transaction.

3. Prepayment.

You may prepay your Loan in full or in part at any time without penalty. You may prepay your Loan in full by

paying all outstanding principal plus accrued and unpaid interest as of the date of your prepayment

4. Use of Proceeds.

You agree that you will not use any Loan proceeds for any illegal purposes or for any student loan purposes, which

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includes using Loan proceeds to refinance an existing student loan or to pay for education-related expenses. Examples
of education-related expenses include tuition and fees, books, supplies, miscellaneous personal expenses, room and
board. You agree that you will not transfer or pay any Loan proceeds to a Goldman Sachs entity other than Goldman
Sachs Bank USA (for example, to invest in funds managed by a Goldman Sachs entity) without our prior written consent.
You understand that we may decline to consent for any reason. If you would like to verify if an entity is a Goldman Sachs
entity, please write us at the Notice Address in Section 10 or call us at 844-627-2872 (toll-free).

5. Default.

Subject to applicable law, the following are events of default under this Agreement:

a. You fail to make any payment in full, in accordance with this Agreement, within 30 days after a due date (for
example, a payment is returned unpaid and you fail to make that payment within 30 days after its due date);

b. Any bankruptcy, receivership or insolvency proceeding is started by or against you, or you make any general
assignment for the benefit of creditors;

c. You fail to meet any other obligation in this Agreement; or

d. Any representation or information that you have made or provided to us, either in your application or in
connection with this Agreement, is materially inaccurate or incomplete.

6. Our Remedies.

If an event of default occurs, you die or you are declared legally incompetent, subject to applicable law (including any
notice or right to cure):

a. We may declare the entire amount of this Loan (including the outstanding principal balance and accrued and
unpaid interest) immediately due and payable; and/or

b. We may exercise any other right available under applicable law.

7. Waivers.

a. We may accept late or partial payments without giving up any of our rights. We may also delay enforcing any of
our rights without giving them up. We do not have to: (i) give notice that amounts due have not been paid
("notice of dishonor"); (ii) demand payment of amounts due ("presentment"); or (iii) obtain an official
certification of nonpayment ("protest"). You waive notice of dishonor, presentment and protest. If you default, we
may require you to pay immediately, in full, even if we have not done so in the past or you are not currently in
default. No matter how many times we do not enforce our rights or delay enforcing them, we still preserve all of
our rights and do not waive them.

b. To the fullest extent permitted
by applicable law, no extension of time for payment of any part of the Loan, and
no alteration, amendment or waiver of any provision of this Agreement or any other document or agreement

relating to the Loan or this Agreement, shall release, modify, amend, waive, extend, change, discharge, terminate
or affect your unconditional liability, except to the extent explicitly agreed pursuant to Section 13.

8. Applicable Loan Charge Maximums Will Be Observed.

If any law applicable to this Agreement or the Loan is finally interpreted so that any amount collected or to be collected
in connection with the Loan or this Agreement exceeds the amount permitted by law or this Agreement, then: (a) any
such amount shall be reduced to the extent necessary to be in compliance with the maximum permitted amount; and (b)
any amount already collected, to the extent such amount would otherwise exceed the permitted amount, will be
refunded to you. We may choose to make this refund by reducing the Loan and/or by making a direct payment to you.

9. Severability.

The unenforceability of any provision of this Agreement shall not affect the enforceability or validity of any other
provision, except as set forth in Section 18(g).

10. Notices; Updating Information.

All notices to us must be sent to P.O. Box 45400, Salt Lake City, UT 84145-0400 ("Notice Address") in accordance with
this Agreement. We may change the Notice Address or any phone numbers contained in this Agreement at any time by

providing you with written notice. To the extent permitted under applicable law, any notice that you send to us will not
be effective until we receive it and have had a reasonable
opportunity to act on such notice. Notices that we send to you

(including by email or other electronic transmission) may be delivered to any address we maintain for you in our records.
Any notice that we send to you will be effective and deemed delivered when sent. You must notify us of any changes to
your name, mailing or email address or phone number within 15 days of the change in writing at the Notice Address or
through another method that we provide.

11. Assignment.

You may not assign any of your rights or obligations under this Agreement without our prior written permission. We are
not required to give any such permission. We may assign this Agreement or any of our rights or obligations under this
Agreement (including any of our rights with respect to personal information held by us in connection with this
Agreement) in whole or in part at any time without your permission. Unless prohibited by applicable law, we may
exercise our rights under the previous sentence without telling you. Your rights and obligations under this Agreement

apply to all of your successors and permitted assigns, if any. Our rights and obligations under this Agreement apply to us
and each of our successors and assigns.

12. Governing Law.

a. This Agreement is entered into between you and us in the State of Utah and the Loan is made in Utah. Except as
provided in Section 12(b) below, this Agreement
shall be governed by and construed in accordance with federal
law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of
law. Additionally, if you are a Maryland resident as of the Loan Agreement Date, as evidenced by your address
on the first page of this Agreement, to the extent, if any, that Maryland law applies to this Agreement and is not
preempted by federal law, we elect to make the Loan under Subtitle 10 (Credit Grantor Closed End Credit
Provisions) of Title 12 of the Maryland Commercial Law Article.

b. If you are a New York resident as of the Loan Agreement Date, as evidenced by your address on the first page of
this Agreement, this Agreement shall be governed by and construed in accordance with federal law and the laws
of the State of New York, including New York law relating to limits on interest (for example, usury), without regard
to rules concerning conflicts of law or choice of law. If you later become a New York resident during the term of
the Loan Agreement, the laws of the State of New York, excluding New York law relating to limits on interest (for
example, usury), will apply to a claim or defense that you assert if the facts and circumstances giving rise to such
claim or defense occurred in whole or in part in New York while you were a New York resident.

13. Amendment.

Except as otherwise provided herein, this Agreement may not be amended, modified or limited except by a
written agreement.

14. Contacting You; Telephone, Text Messages and Other Methods of Communication.

a. You agree that we may contact you using any kind of telecommunications technology. This includes contacting
you by automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging
systems, automated email systems or other systems. You agree that we may contact you about upcoming due
dates, missed or returned payments, or for any other non-telemarketing reason. You agree that we may use any
telephone numbers (including wireless, landline and voice over IP numbers) or email addresses that you give to
us, from which you call us or at which we believe we can reach you. You understand and agree that anyone with
access to your telephone or email account may listen to or read the messages that we leave or send to you. You
agree that we will not be liable for anyone accessing those messages. You agree that we will not be liable for any
charges that you incur in connection with text messages, emails or other communications that we send to you.

b. You agree to notify us immediately if you change telephone numbers or are no longer the subscriber or usual
user of a telephone number that you give to us. You agree that we may monitor and record your telephone calls
and other communications with us. To withdraw your consent to receive text messages and calls to your cell

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phone or to receive artificial or prerecorded voice message system calls or to change your contact preferences,
"STOP"
you must call us at 844-627-2872 (toll-free).
To stop text messages, you must reply to any text message
we send to you. To stop marketing emails, you must follow the opt-out instructions provided at the bottom of our

marketing emails.

15. Credit Bureaus.

a. General.

YOU AGREE THAT WE MAY REPORT INFORMATION ABOUT YOUR LOAN TO CREDIT BUREAUS. LATE
PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR LOAN MAY BE REFLECTED IN YOUR CREDIT
REPORT.

b. Disputes.

If you believe we have reported inaccurate information about you or your Loan to a credit bureau, call us at 844-
627-2872 (toll-free) or send a written notice to the Notice Address in Section 10, Attention: Credit Bureau
Disputes.

16. Bankruptcy.

You agree that you are not a debtor under any proceeding in bankruptcy, insolvency or similar proceeding, have no
current intention
of filing a petition for relief under the United States Bankruptcy Code and have not consulted an

attorney regarding a potential bankruptcy filing within the past 6 months. Any communication with us required or
permitted under the United States Bankruptcy Code must be in writing and must be sent to us at the Notice Address in
Section 10, Attn: Bankruptcy Notice.

17. Non-Negotiable Instrument.

This Agreement is not a negotiable instrument.

18. Dispute Resolution; Agreement to Arbitrate; Class Action Waiver

This Section 18 does not apply to service members and their dependents who are entitled to protection under
the Military Lending Act (10 U.S.C. § 987). If you would like more information about whether you are entitled to
protection under the Military Lending Act and whether this section applies to you, please call us at 844-627-2872
(toll-free).

Many customer concerns can be resolved by calling us at 844-627-2872 (toll-free) or writing us at the Notice Address in
Section 10. If a dispute cannot be resolved informally, this Section 18 explains how claims (whether by or against you or
us) will be resolved.

IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITlGATE THAT CLAIM
IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO
PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM.
ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS
MORE LIMITED. THE ARBITRATOR'S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO
VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU
OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU MAY EXERCISE YOUR RIGHT

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Exhibit,Appendix: Goldman Sachs Bank Usa v. Fritz Cayemitte

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Exhibit,Appendix: Goldman Sachs Bank Usa v. Fritz Cayemitte

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