Preview
NO. ________________________
PNC BANK, NATIONAL IN THE JUSTICE OF THE PEACE
ASSOCIATION COURT
Plaintiff
PRECINCT 4, PLACE 1
RAMIRO BALDERAS FORT BEND COUNTY, TEXAS
Defendant(s)
PLAINTIFF’S ORIGINAL PETITION
Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its attorneys,
Zwicker & Associates, P.C., for its Complaint against RAMIRO BALDERAS (“Defendant(s)”),
states as follow
Plaintiff is a national banking association organized under the laws of the United States
with its principal place of business in Pennsylvania.
Defendant(s), RAMIRO BALDERAS, is/are a resident(s) of FORT BEND County,
Texas, and may be served with process a 2805 AVE F ROSENBERG, TX
Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this
Court to maintain jurisdiction and venue of Plaintiff’s claims.
The principal damage amount sought by Plaintiff in this Complaint is within this Court’s
monetary jurisdictional limit. Discovery is intended to be conducted under Level 1 of Rule
, of the Texas Rules of Civil Procedure.
Defendant(s) entered into a loan agreement ereafter referred to as “Agreement True
and exact copies of the loan documents are attached hereto and marked Exhibit A.
Funds were disbursed pursuant to the terms of the Agreement or as requested by
Defendant(s).
The loan is identified with account number ending in
PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS
Plaintiff’s Original Petition
030641
Defendant(s) defaulted on the terms of the Agreement when Defendant(s) failed to make
payments pursuant to the terms of the Agreement
As a result of the default by Defendant(s), Plaintiff has accelerated the full balance due
and owing pursuant to the terms of the Agreement.
Demand was made upon Defendant(s).
As of today’s date, Defendant(s) has/have failed to pay Plaintiff pursuant to the terms of
the Agreement
As Defendant(s) have materially breached the terms of the Agreement, the balance due
and owing to Plaintiff after deducting all just and lawful offsets, payment, and credits is the
sum of $ Account statement records or balance history records substantiating the
balance due are attached hereto and marked Exhibit B.
Wherefore, Plaintiff demands judgment in the amount of $ against Defendant(s)
and court costs to the extent permitted by applicable law
Respectfully submitted,
Zwicker & Associates, P.C.
BY:
[ ] TABITHA HAYNES, ESQ. State Bar Number
[ ] JASMINE LEWIS, ESQ. State Bar Number
[ ] KEYDRA JONES, ESQ. State Bar Number
[ ] LARANDOL COWART, ESQ. State Bar Number
[ ] MICHAEL HESS, ESQ. State Bar Number
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 SW FREEWAY SUITE 408
SUGAR LAND, TX
ZATE_LITIGATION@ZWICKERPC.COM
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS
Plaintiff’s Original Petition
030641
PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS
Plaintiff’s Original Petition
263733030641
EXHIBIT A
Note and Disclosure
Lender Borrower Summary
BBVA USA RAMIRO BALDERAS Loan Number: 095
15 SOUTH 20TH STREET 2805 AVE F Note Date: April 5, 2021
BIRMINGHAM, AL ROSENBERG, TX 77471
Loan Amount: $7,000.00
Maturity Date: April 14, 2025
Truth-in-Lending Disclosures
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
PERCENTAGE RATE The dollar amount the The amount of The amount I will have
The cost of my credit credit will cost me. credit provided to paid when I have made
as a yearly rate. me or on my behalf. all scheduled payments.
25.946% $4,392.69 $7,000.00 $11,392.69
My Payment Schedule Will Be:
Payments Amount of Payments When Payments Are Due
$237.34 monthly beginning 05/14/21
$237.71 04/14/25
Prepayment. If I pay off this Loan Agreement early, I will not have to pay a penalty.
Late Charge. If a payment is late (more than 15 days after due), I will be charged 5% of the unpaid portion of the late
payment or $18, whichever is greater, but not more than $100.
Contract Documents. I can see my contract documents for any additional information about nonpayment, default, any
required repayment before the scheduled date, and prepayment refunds and penalties.
Itemization of Amount Financed
Amount given to me directly $7,000.00
$7,000.00 deposited to BBVA USA Acc#
Amount paid to others on my behalf (You may retain or receive a portion of these
amounts.)
Amount Financed $7,000.00
Promissory Note
Definitions. “Loan Agreement” refers to this Note and Disclosure, and any extensions, renewals, modifications, and
substitutions of this Loan Agreement. “Loan” refers to this transaction generally, including obligations and duties arising
from the terms of all documents prepared or submitted for this transaction, such as applications, security agreements,
disclosures, or notes, and this Loan Agreement. The pronouns “I” “me” and “my” refer to each Borrower and each
Cosigner signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other
Note and Disclosure-Fixed-TX
© 2020 Wolters Kluwer Financial Services, Inc. 07/2020
All rights reserved. 2021040521.1.0.3463-J20200928Y Page 1 of 4
person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan Agreement. “You” and
“your” refer to the Lender and its successors and assigns.
Advance Procedure and Means. The proceeds of my loan will be disbursed in accordance with the instructions
I have provided. If, for any reason, you reasonably conclude that you will not be able to disburse the proceeds of my
loan in accordance with my instructions, then at your sole discretion you may either (1) mail to my physical address a
check in the amount of my loan proceeds; or (2) credit my loan account for the amount you are unable to disburse as I
requested. If you require loan proceeds to be disbursed by check, I acknowledge that you encourage me to deposit the
check immediately upon receipt as interest will begin to accrue from the date of this Loan Agreement.
Promise to Pay. For value received, I promise to pay to you, or your order, at your address above, the principal sum
of $7,000.00, plus interest from April 5, 2021 at the rate of 25.940% per year until paid in full. Interest accrues on a/
an Actual/Actual basis. I agree to pay late charges in accordance with the provisions shown in the Truth-in-Lending
Disclosures. The purpose of this loan is Consumer.
Payment. I will pay this Loan Agreement as follows:
• This Loan Agreement has 48 payments payable monthly. The first payment will be in the amount of $237.34 and will
be due May 14, 2021. A payment of $237.34 will be due on the same day of each month thereafter. The final payment
of the entire unpaid balance of principal and interest will be due April 14, 2025.
Each payment I make on this Loan Agreement will be applied first to interest, then to any fees or amounts for additional
products or services I obtain (such as debt cancellation/suspension protection, credit insurance, etc.) that are payable with
or as part of my payment, then to principal that is due, then to any unpaid collection costs or other charges due under the
Loan Agreement, with any remaining amount to the outstanding principal balance. No late charge will be assessed on any
payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full
payment. The actual amount of my final payment will depend on my payment record.
Interest. Interest will accrue on the unpaid principal balance until paid in full. For interest calculation, the accrual
method will determine the number of days in a year. The interest rate and other charges on this Loan Agreement will never
exceed the highest rate or charge allowed by law for this loan. If the amount collected is found to exceed the highest rate
or charge allowed, you will refund an amount necessary to comply with the law.
Prepayment. I may prepay this Loan Agreement in whole or in part at any time. Any partial prepayment will not excuse
any later scheduled payments until I pay in full. I will not send you any payments marked as “paid in full,” “without
recourse,” or similar. If I send a payment marked in this manner, you may accept it without forfeiting any of your rights
under this Loan Agreement, and I will remain obligated to pay any further amount owed to you.
Transactions with Affiliates. I shall not directly or indirectly (including through my affiliate(s)) transfer any proceeds
of the Loan to, nor use them for the benefit of, a Bank Affiliate. I may request a list of Bank Affiliates, which is updated
on a quarterly basis, from you by contacting you. The term "Bank Affiliate" means any entity (1) that is directly or
indirectly (including ownership through a trust and beneficial ownership), controlling, controlled by, or under common
control with you (such an entity a "Control Entity"), (2) in which a majority of its directors, trustees, or general partners
(or individuals exercising similar functions) constitute a majority of the persons holding any such office with you or a
Control Entity, (3) that is sponsored and advised on a contractual basis by you or another Bank Affiliate, or (4) that is an
investment fund for which you or any other Bank Affiliate serves as an investment adviser. Ownership of fifteen percent
(15%) or more of the ownership interest in an entity shall be deemed control of the entity, and each general partner shall
be deemed to have control over a partnership.
To the extent the proceeds of this Loan will be used to purchase securities (regardless of whether such purchase is
conducted through BBVA Securities Inc. or through another broker-dealer): (1) no securities of a Bank Affiliate (including
those underwritten by a Bank Affiliate) shall be purchased during an issuance or underwriting period, or in a way that
would transfer Loan proceeds to a Bank Affiliate; (2) no securities shall be purchased where a Bank Affiliate is selling
them as principal (even in the open market); and (3) I agree to promptly notify you of any violation of this provision.
Warranties and Representations. I have the power and authority to enter into this Loan Agreement. The execution
and delivery of this Loan Agreement will not violate any agreement governing me, or to which I am a party.
Default. I will be in default if any of the following occur:
• I fail to make a payment when due.
Note and Disclosure-Fixed-TX
© 2020 Wolters Kluwer Financial Services, Inc. 07/2020
All rights reserved. 2021040521.1.0.3463-J20200928Y Page 2 of 4
• I die or am declared legally incompetent.
• I engage in fraud or material misrepresentation in connection with this Loan Agreement.
• I become insolvent, I make an assignment for the benefit of creditors, a receiver is appointed for any part of my
property, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
• I fail to perform any condition or keep any promise of this or any agreement I have made with you.
Remedies. After I default, and after you give any legally required notice and opportunity to cure the default, you may at
your option do any one or more of the following:
• Make all or any part of the amount owing by the terms of this Loan Agreement due.
• Use any and all remedies you have under state or federal law, or in any instrument securing this Loan Agreement.
• Make a claim for any and all insurance benefits or refunds that may be available on my default.
• Set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from
you, unless prohibited by law.
• Make amounts advanced on my behalf due and add those amounts to the balance owing under the terms of this Loan
Agreement.
By choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a
default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider
the event a default and to use any remedies if the default continues or occurs again.
Waivers. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration,
notice of intent to accelerate, and notice of dishonor. You may renew or extend payments on this Loan Agreement,
regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety,
accommodation maker, or any other cosigner.
Collection Expenses and Attorneys' Fees. On or after Default, to the extent permitted by law, I agree to pay all
reasonable expenses of collection, enforcement, or protection of your rights and remedies under this Loan Agreement.
Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and
payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full
at the rate provided in the terms of this Loan Agreement. To the extent permitted by the United States Bankruptcy Code,
I agree to pay the reasonable attorneys' fees you incur to collect this debt as awarded by any court exercising jurisdiction
under the Bankruptcy Code.
Jurisdiction. I acknowledge that any cause of action arising under this Loan Agreement will be a cause of action arising
from a transaction occurring in the state where this Loan was made, and I hereby submit to jurisdiction in the state where
this Loan was made for any action arising out of or in connection with this Loan Agreement and waive any and all rights
under the laws of any state to object to jurisdiction within the state where this Loan was made. My Loan is considered to
have been made in Alabama.
General Provisions. This Loan Agreement is governed by the laws of Alabama and the United States of America. If
two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is
the complete and final expression of our agreement. No modification of this Loan Agreement is effective unless made in
writing and signed by me and you. The duties and benefits of this Loan Agreement will bind and benefit the successors
and assigns of me and you. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision
will be severed and the remaining provisions will be enforceable.
Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to my last
known address. Notice to one party will be deemed to be notice to all parties. Where a notice is required, I agree that 10
days prior written notice will be reasonable notice to me under the Uniform Commercial Code or other applicable state
law.
I will provide you any financial statement or information you request. All financial statements and information I give you
will be correct and complete. My name and address are my exact legal name and my principal residence. I will provide
you with at least 30 days notice prior to changing my name or principal residence.
No present or future agreement securing any other debt I owe you will secure the obligations of this Loan Agreement if
such other debt is secured by a dwelling or real estate or if, as a result, this Loan Agreement would become subject to 10
U.S.C. 987 (the Military Lending Act).
Note and Disclosure-Fixed-TX
© 2020 Wolters Kluwer Financial Services, Inc. 07/2020
All rights reserved. 2021040521.1.0.3463-J20200928Y Page 3 of 4
Signatures
By signing under seal, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of
this Loan Agreement on today's date.
CAUTION. IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT
BEFORE YOU SIGN IT.
Borrower
RAMIRO BALDERAS Date
Seal
Note and Disclosure-Fixed-TX
© 2020 Wolters Kluwer Financial Services, Inc. 07/2020
All rights reserved. 2021040521.1.0.3463-J20200928Y Page 4 of 4
Certificate Of Completion
Envelope Id: FF2D238C2DD8458BBB8412C685DF024A Status: Completed
Subject: Please sign:
Source Envelope:
Document Pages: 18 Signatures: 5 Envelope Originator:
Certificate Pages: 4 Initials: 0 BBVA Customer Service
AutoNav: Enabled oaoapplication.us@bbva.com
EnvelopeId Stamping: Enabled IP Address: 192.251.189.74
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original Holder: BBVA Customer Service Location: DocuSign
4/5/2021 3:13:14 PM oaoapplication.us@bbva.com
Signer Events Signature Timestamp
RAMIRO BALDERAS Sent: 4/5/2021 3:13:19 PM
Viewed: 4/5/2021 3:13:42 PM
Security Level: Signed: 4/5/2021 3:15:18 PM
OAO.None
ID: Signature Adoption: Drawn on Device
4/5/2021 5:12:59 PM Using IP Address:
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 4/5/2021 3:13:42 PM
ID: 00c11190-b21f-4d74-ae62-abe16a32e50a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
RAMIRO BALDERAS Sent: 4/5/2021 3:15:20 PM
Security Level: Email, Account Authentication
(None), Access Code
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/5/2021 3:13:19 PM
Certified Delivered Security Checked 4/5/2021 3:13:42 PM
Signing Complete Security Checked 4/5/2021 3:15:18 PM
Completed Security Checked 4/5/2021 3:15:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC COMMUNICATIONS AGREEMENT
It is our goal to provide you with as many digital banking options as possible, including
providing information to you electronically. We are required by law to give you certain
information in writing. This means you have the right to receive that information on paper. With
your consent, we can provide it to you electronically, instead.
In this Agreement:
"We", "us", "our", and "BBVA" mean BBVA USA, Member FDIC, a member of the
BBVA Group, or any other affiliate bank of BBVA Bancshares, Inc.
"You" and "your" mean the person giving this consent, and also each additional account
owner, authorized signer, authorized representative, delegate, product owner and/or
service user identified on any BBVA product that you apply for, use or access.
"Communications" means each disclosure, notice, agreement, fee schedule, privacy
policy, statement, record, document, and other information we provide to you, or that you
sign or submit or agree to at our request.
You agree to receive electronic Communications from us and to use electronic signatures.
By accepting this agreement, you consent to receive Communications in electronic form for any
products, services and accounts that you have or apply for, now or in the future. You also
consent to using electronic signatures in your relationship with us. Please read the information
below carefully and thoroughly.
We may deliver electronic Communications to you in several ways.
When we deliver electronic Communications to you, we may: (1) email them to you; (2) post
them on our website; (3) present them onscreen or for download through one of our online or
mobile banking services; (4) include them in other electronic Communications that we are
delivering to you, such as electronic account statements; (5) provide them in the manner
specified in any other agreement we have with you; or (6) deliver them through your DocuSign
user account. If we are not delivering or presenting an electronic Communication to you directly,
we will tell you where you can go to view that information.
If you seek to obtain a new product, service or account with us, we may remind you that you
have already consented to receiving electronic Communications and using electronic signatures
in your relationship with us. If you choose not to receive electronic Communications or use
electronic signatures in connection with the new product, service or account, that choice does not
mean you have withdrawn your consent with respect to any other product, service or account.
You will need some technology to receive electronic Communications.
To receive and retain electronic Communications from us through your DocuSign, Inc. Express
Required hardware and software
A computer or mobile device with an operating system that supports
Hardware:
everything below.
Internet: Internet access (cable modem, DSL, etc)
Operating Windows 7 or higher
Systems: OS 10.8 or higher
A browser that supports 128-bit encryption (i.e., Internet Explorer 11,
Browsers:
Microsoft Edge, Mozilla Firefox 35 or higher, Google Chrome 31 or higher)
A current version of software that displays and prints PDF files (such as
PDF Reader:
Adobe Reader)
Screen
800 x 600 minimum
Resolution:
Enabled Security
Allow per session cookies
Settings:
Email: A valid, active email address
Retention: A hard drive or other data storage unit, or access to a printer
** These minimum hardware and software requirements are subject to change. If these
requirements change, and that change would create a material risk that you would not be able to
access or retain electronic Communications, we will provide notice of the change. Continuing to
use our electronic services after receiving notice of updates to our system requirements signifies
your acceptance of the change and reaffirmation of your consent. However, you may withdraw
your consent at any time (although your withdrawal of consent will become effective only after
we have had reasonable opportunity to act upon it).
Please keep your contact information up to date.
It is your responsibility to keep all of your contact information current so that we can send you
electronic Communications. You can update your email address and other contact information by
editing your profile in BBVA Mobile Banking or Online Banking. You may also call Customer
Service at 1-844-228-2872. In addition, you must notify DocuSign, Inc. to arrange for your new
email address to be reflected in your DocuSign user account by following the process for
changing e-mail in the DocuSign system.
You may have the option to receive paper copies.
We may choose to make paper copies of certain electronic Communications available upon
request. There may be a fee for providing a paper copy. If you would like a paper copy, please
call Customer Service at 1-844-228-2872 to find out whether a paper copy is available and the
amount of any fee for that copy.
For Communications we provided or made available electronically to you through your
DocuSign user account, as long as you are an authorized user of the DocuSign system, you will
have the ability to download and print any documents we send to you through your DocuSign
user account for a limited period of time (usually 30 calendar days) after such documents are first
sent to you. After such time, you may request paper copies from us by following the procedure
described above.
You can withdraw your consent to receiving electronic Communications.
You may withdraw this consent at any time. To do so, you must inform us of any decision to
withdraw your consent to receive electronic Communications by calling Customer Service at 1-
844-228-2872. A withdrawal of consent will become effective only after we have had reasonable
opportunity to act upon it.
If you withdraw your consent prior to electronically signing your documents, your application
will be canceled and no account will be opened. Withdrawing consent may terminate your access
to certain electronic services we provide, including Online Banking and Mobile Banking. You
may also no longer be able to use certain BBVA products. After we have processed your
withdrawal, future Communications required to be in writing will be delivered to you on paper,
subject to applicable fees.
Rev. 5/2019
2019 BBVA and BBVA Compass are trade names of BBVA USA, a member of the BBVA
Group. BBVA USA, Member FDIC and an Equal Housing Lender.
EXHIBIT B
1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 942
2 LIBERTY COMMONS DATE 6/01/2023
21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023
50 LOAN NUMBER
* * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * *
BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY
NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION
21 1 095 535 3 BALDERAS R 6,556.53 04/05/21 10/08/21 32001 6,556.53 LOAN ESTABLISHED
55020 6,556.53 PRINCIPAL BAL DR ADJ
41010 145.06 FINANCE CHG DEBIT ADJ
7,000.00 04/08/21 04/08/21 64000 237.34 07 REGULAR PAYMENT
64810 14.93 PAYMENT INTEREST
64820 222.41 PAYMENT PRINCIPAL
6,777.59 05/07/21 05/07/21 64000 237.34 07 REGULAR PAYMENT
64810 139.69 PAYMENT INTEREST
64820 97.65 PAYMENT PRINCIPAL
6,679.94 05/31/21 05/31/21 64000 237.34 07 REGULAR PAYMENT
64810 113.93 PAYMENT INTEREST
64820 123.41 PAYMENT PRINCIPAL
6,556.53 08/13/21 08/13/21 64000 237.34 07 REGULAR PAYMENT
64810 237.34 PAYMENT INTEREST
6,556.53 09/10/21 09/10/21 64000 237.34 07 REGULAR PAYMENT
64810 237.34 PAYMENT INTEREST
6,473.56 10/14/21 10/14/21 64800 237.34 DDA/ACH PAYMENT TRANS
64810 154.37 PAYMENT INTEREST
64820 82.97 PAYMENT PRINCIPAL
6,556.53 10/14/21 10/14/21 93800 9.31 ACCRUAL - ACTIVITY
999 41810 9.31 FINANCE CHARGE
6,473.56 10/29/21 10/29/21 93800 73.61 ACCRUAL - DAILY SWEEP
999 41810 73.61 FINANCE CHARGE
10/29/21 10/29/21 95800 0.00 STATEMENT PRODUCED
6,342.04 11/06/21 11/09/21 64000 237.34 2189953077517 EAP
64810 105.82 PAYMENT INTEREST
64820 131.52 PAYMENT PRINCIPAL
6,473.56 11/06/21 11/09/21 94800 32.21 ACCRUAL - ACTIVITY
999 41810 32.21 FINANCE CHARGE
11/29/21 11/29/21 35934 0.00 RISK SCORE QTR CB SCR
6,342.04 11/29/21 11/29/21 93800 108.17 ACCRUAL - DAILY SWEEP
999 41810 108.17 FINANCE CHARGE
11/29/21 11/29/21 95800 0.00 STATEMENT PRODUCED
6,262.45 12/11/21 12/14/21 64000 237.34 2193019684779 EAP
64810 157.75 PAYMENT INTEREST
64820 79.59 PAYMENT PRINCIPAL
6,342.04 12/11/21 12/14/21 94800 49.58 ACCRUAL - ACTIVITY
999 41810 49.58 FINANCE CHARGE
12/14/21 12/14/21 35235 0.00 C0182-DR-BIL-COD
1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 943
2 LIBERTY COMMONS DATE 6/01/2023
21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023
50 LOAN NUMBER
* * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * *
BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY
NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION
6,038.46 12/14/21 12/14/21 64800 237.34 DDA/ACH PAYMENT TRANS
64810 13.35 PAYMENT INTEREST
64820 223.99 PAYMENT PRINCIPAL
6,262.45 12/14/21 12/14/21 93800 13.35 ACCRUAL - ACTIVITY
999 41810 13.35 FINANCE CHARGE
6,262.45 12/14/21 12/21/21 63000 237.34 REV TO DDA
63810 13.35 PAY REV INTEREST
63820 223.99 PAY REV PRINCIPAL
6,262.45 12/21/21 12/21/21 93800 31.15 ACCRUAL - ACTIVITY
999 41810 31.15 FINANCE CHARGE
6,262.45 12/30/21 12/30/21 93800 44.51 ACCRUAL - DAILY SWEEP
999 41810 44.51 FINANCE CHARGE
12/30/21 12/30/21 95800 0.00 STATEMENT PRODUCED
6,176.43 01/14/22 01/14/22 64800 237.34 DDA/ACH PAYMENT TRANS
64810 151.32 PAYMENT INTEREST
64820 86.02 PAYMENT PRINCIPAL
6,262.45 01/14/22 01/14/22 93800 62.31 ACCRUAL - ACTIVITY
999 41810 62.31 FINANCE CHARGE
6,176.43 01/28/22 01/28/22 93800 65.84 ACCRUAL - DAILY SWEEP
999 41810 65.84 FINANCE CHARGE
01/28/22 01/28/22 95800 0.00 STATEMENT PRODUCED
01/31/22 01/31/22 35934 0.00 RISK SCORE QTR CB SCR
02/11/22 02/11/22 35690 0.00 C0182-LTE-CRG-NTC-OPT
02/11/22 02/11/22 35764 0.00 C0192-CMS-MAN-ACT-IND
6,063.73 02/12/22 02/15/22 64000 240.00 2266950872231 EAP
64820 237.34 PAYMENT PRINCIPAL
64899 2.66 OVERAGE
64820 2.66 PAYMENT PRINCIPAL
6,176.43 02/12/22 02/15/22 94800 8.63 ACCRUAL - ACTIVITY
999 42810 8.63 FINANCE CHG CR ADJ
5,835.00 02/14/22 02/14/22 64800 237.34 DDA/ACH PAYMENT TRANS
64810 136.07 PAYMENT INTEREST
64820 101.27 PAYMENT PRINCIPAL
6,063.73 02/14/22 02/14/22 93800 70.23 ACCRUAL - ACTIVITY
999 41810 70.23 FINANCE CHARGE
5,835.00 02/15/22 02/15/22 93800 12.44 ACCRUAL - ACTIVITY
999 41810 12.44 FINANCE CHARGE
5,835.00 02/15/22 02/15/22 99900 0.50 BACKDATING ADJUSTMENT
41911 0.18 BACKDATING INTEREST DR
1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 944
2 LIBERTY COMMONS DATE 6/01/2023
21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023
50 LOAN NUMBER
* * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * *
BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY
NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION
63910 0.16 BACKDATE PAY REV INTEREST
64920 0.16 BACKDATE PAYMENT PRINCIPA
5,835.00 03/30/22 03/30/22 93800 182.46 ACCRUAL - DAILY SWEEP
999 41810 182.46 FINANCE CHARGE
03/30/22 03/30/22 95800 0.00 STATEMENT PRODUCED
04/08/22 04/08/22 35235 0.00 C0182-DR-BIL-COD
04/08/22 04/08/22 35240 0.00 C0182-DDA-SAV-COD
04/08/22 04/08/22 35245 0.00 C0182-DEP-ACT-NUM
04/08/22 04/08/22 35250 0.00 C0182-ACH-NUM
5,820.10 04/08/22 04/11/22 64000 234.68 2271648024397 EAP
64810 219.78 PAYMENT INTEREST
64820 14.90 PAYMENT PRINCIPAL
5,835.00 04/08/22 04/11/22 94800 33.17 ACCRUAL - ACTIVITY
999 41810 33.17 FINANCE CHARGE
5,820.10 04/11/22 04/11/22 64000 1.00 01101 00145 RPS
64810 1.00 PAYMENT INTEREST
5,820.10 04/11/22 04/11/22 93800 12.41 ACCRUAL - ACTIVITY
999 41810 12.41 FINANCE CHARGE
5,591.52 04/11/22 04/12/22 64000 240.00 00006 40699 TWH
64810 11.42 PAYMENT INTEREST
64820 224.92 PAYMENT PRINCIPAL
64899 3.66 OVERAGE
64820 3.66 PAYMENT PRINCIPAL
5,820.10 04/11/22 04/12/22 94800 0.01 ACCRUAL - ACTIVITY
999 41810 0.01 FINANCE CHARGE
04/25/22 04/25/22 35934 0.00 RISK SCORE QTR CB SCR
5,591.52 05/27/22 05/27/22 93800 186.76 ACCRUAL - DAILY SWEEP
999 41810 186.76 FINANCE CHARGE
05/27/22 05/27/22 95800 0.00 STATEMENT PRODUCED
5,591.52 06/14/22 06/14/22 64000 250.00 01104 00113 RPS
64810 237.34 PAYMENT INTEREST
64810 12.66 PAYMENT INTEREST
5,591.52 06/14/22 06/14/22 93800 67.55 ACCRUAL - ACTIVITY
999 41810 67.55 FINANCE CHARGE
5,591.52 06/29/22 06/29/22 93800 63.58 ACCRUAL - DAILY SWEEP
999 41810 63.58 FINANCE CHARGE
06/29/22 06/29/22 95800 0.00 STATEMENT PRODUCED
5,461.07 07/13/22 07/13/22 64000 250.00 01103 00158 RPS
64810 119.55 PAYMENT INTEREST
1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 945
2 LIBERTY COMMONS DATE 6/01/2023
21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023
50 LOAN NUMBER
* * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * *
BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY
NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION
64820 105.13 PAYMENT PRINCIPAL
64899 25.32 OVERAGE
64820 25.32 PAYMENT PRINCIPAL
5,591.52 07/13/22 07/13/22 93800 51.66 ACCRUAL - ACTIVITY
999 41810 51.66 FINANCE CHARGE
5,461.07 07/29/22 07/29/22 93800 65.98 ACCRUAL - DAILY SWEEP
999 41810 65.98 FINANCE CHARGE
07/29/22 07/29/22 95800 0.00 STATEMENT PRODUCED
08/01/22 08/01/22 35934 0.00 RISK SCORE QTR CB SCR
5,349.15 08/15/22 08/15/22 64000 240.00 01101 00171 RPS
64810 128.08 PAYMENT INTEREST
64820 109.26 PAYMENT PRINCIPAL
64820 2.66 PAYMENT PRINCIPAL
5,461.07 08/15/22 08/15/22 93800 62.10 ACCRUAL - ACTIVITY
999 41810 62.10 FINANCE CHARGE
5,349.15 08/30/22 08/30/22 93800 60.82 ACCRUAL - DAILY SWEEP
999 41810 60.82 FINANCE CHARGE
08/30/22 08/30/22 95800 0.00 STATEMENT PRODUCED
5,219.39 09/13/22 09/13/22 64000 240.00 01102 00152 RPS
64810 110.24 PAYMENT INTEREST
64820 124.44 PAYMENT PRINCIPAL
64899 5.32 OVERAGE
64820 5.32 PAYMENT PRINCIPAL
5,349.15 09/13/22 09/13/22 93800 49.42 ACCRUAL - ACTIVITY
999 41810 49.42 FINANCE CHARGE
5,219.39 09/29/22 09/29/22 93800 63.06 ACCRUAL - DAILY SWEEP
999 41810 63.06 FINANCE CHARGE
09/29/22 09/29/22 95800 0.00 STATEMENT PRODUCED
5,090.67 10/13/22 10/13/22 64000 240.00 01104 00072 RPS
64810 111.28 PAYMENT INTEREST
648
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NO. ________________________ PNC BANK, NATIONAL IN THE JUSTICE OF THE PEACE ASSOCIATION COURT Plaintiff PRECINCT 4, PLACE 1 RAMIRO BALDERAS FORT BEND COUNTY, TEXAS Defendant(s) PLAINTIFF’S ORIGINAL PETITION Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its attorneys, Zwicker & Associates, P.C., for its Complaint against RAMIRO BALDERAS (“Defendant(s)”), states as follow Plaintiff is a national banking association organized under the laws of the United States with its principal place of business in Pennsylvania. Defendant(s), RAMIRO BALDERAS, is/are a resident(s) of FORT BEND County, Texas, and may be served with process a 2805 AVE F ROSENBERG, TX Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this Court to maintain jurisdiction and venue of Plaintiff’s claims. The principal damage amount sought by Plaintiff in this Complaint is within this Court’s monetary jurisdictional limit. Discovery is intended to be conducted under Level 1 of Rule , of the Texas Rules of Civil Procedure. Defendant(s) entered into a loan agreement ereafter referred to as “Agreement True and exact copies of the loan documents are attached hereto and marked Exhibit A. Funds were disbursed pursuant to the terms of the Agreement or as requested by Defendant(s). The loan is identified with account number ending in PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS Plaintiff’s Original Petition 030641 Defendant(s) defaulted on the terms of the Agreement when Defendant(s) failed to make payments pursuant to the terms of the Agreement As a result of the default by Defendant(s), Plaintiff has accelerated the full balance due and owing pursuant to the terms of the Agreement. Demand was made upon Defendant(s). As of today’s date, Defendant(s) has/have failed to pay Plaintiff pursuant to the terms of the Agreement As Defendant(s) have materially breached the terms of the Agreement, the balance due and owing to Plaintiff after deducting all just and lawful offsets, payment, and credits is the sum of $ Account statement records or balance history records substantiating the balance due are attached hereto and marked Exhibit B. Wherefore, Plaintiff demands judgment in the amount of $ against Defendant(s) and court costs to the extent permitted by applicable law Respectfully submitted, Zwicker & Associates, P.C. BY: [ ] TABITHA HAYNES, ESQ. State Bar Number [ ] JASMINE LEWIS, ESQ. State Bar Number [ ] KEYDRA JONES, ESQ. State Bar Number [ ] LARANDOL COWART, ESQ. State Bar Number [ ] MICHAEL HESS, ESQ. State Bar Number ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection Attorneys for Plaintiff 14090 SW FREEWAY SUITE 408 SUGAR LAND, TX ZATE_LITIGATION@ZWICKERPC.COM Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS Plaintiff’s Original Petition 030641 PNC BANK, NATIONAL ASSOCIATION V. RAMIRO BALDERAS Plaintiff’s Original Petition 263733030641 EXHIBIT A Note and Disclosure Lender Borrower Summary BBVA USA RAMIRO BALDERAS Loan Number: 095 15 SOUTH 20TH STREET 2805 AVE F Note Date: April 5, 2021 BIRMINGHAM, AL ROSENBERG, TX 77471 Loan Amount: $7,000.00 Maturity Date: April 14, 2025 Truth-in-Lending Disclosures ANNUAL FINANCE CHARGE Amount Financed Total of Payments PERCENTAGE RATE The dollar amount the The amount of The amount I will have The cost of my credit credit will cost me. credit provided to paid when I have made as a yearly rate. me or on my behalf. all scheduled payments. 25.946% $4,392.69 $7,000.00 $11,392.69 My Payment Schedule Will Be: Payments Amount of Payments When Payments Are Due $237.34 monthly beginning 05/14/21 $237.71 04/14/25 Prepayment. If I pay off this Loan Agreement early, I will not have to pay a penalty. Late Charge. If a payment is late (more than 15 days after due), I will be charged 5% of the unpaid portion of the late payment or $18, whichever is greater, but not more than $100. Contract Documents. I can see my contract documents for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed Amount given to me directly $7,000.00 $7,000.00 deposited to BBVA USA Acc# Amount paid to others on my behalf (You may retain or receive a portion of these amounts.) Amount Financed $7,000.00 Promissory Note Definitions. “Loan Agreement” refers to this Note and Disclosure, and any extensions, renewals, modifications, and substitutions of this Loan Agreement. “Loan” refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction, such as applications, security agreements, disclosures, or notes, and this Loan Agreement. The pronouns “I” “me” and “my” refer to each Borrower and each Cosigner signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other Note and Disclosure-Fixed-TX © 2020 Wolters Kluwer Financial Services, Inc. 07/2020 All rights reserved. 2021040521.1.0.3463-J20200928Y Page 1 of 4 person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan Agreement. “You” and “your” refer to the Lender and its successors and assigns. Advance Procedure and Means. The proceeds of my loan will be disbursed in accordance with the instructions I have provided. If, for any reason, you reasonably conclude that you will not be able to disburse the proceeds of my loan in accordance with my instructions, then at your sole discretion you may either (1) mail to my physical address a check in the amount of my loan proceeds; or (2) credit my loan account for the amount you are unable to disburse as I requested. If you require loan proceeds to be disbursed by check, I acknowledge that you encourage me to deposit the check immediately upon receipt as interest will begin to accrue from the date of this Loan Agreement. Promise to Pay. For value received, I promise to pay to you, or your order, at your address above, the principal sum of $7,000.00, plus interest from April 5, 2021 at the rate of 25.940% per year until paid in full. Interest accrues on a/ an Actual/Actual basis. I agree to pay late charges in accordance with the provisions shown in the Truth-in-Lending Disclosures. The purpose of this loan is Consumer. Payment. I will pay this Loan Agreement as follows: • This Loan Agreement has 48 payments payable monthly. The first payment will be in the amount of $237.34 and will be due May 14, 2021. A payment of $237.34 will be due on the same day of each month thereafter. The final payment of the entire unpaid balance of principal and interest will be due April 14, 2025. Each payment I make on this Loan Agreement will be applied first to interest, then to any fees or amounts for additional products or services I obtain (such as debt cancellation/suspension protection, credit insurance, etc.) that are payable with or as part of my payment, then to principal that is due, then to any unpaid collection costs or other charges due under the Loan Agreement, with any remaining amount to the outstanding principal balance. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. The actual amount of my final payment will depend on my payment record. Interest. Interest will accrue on the unpaid principal balance until paid in full. For interest calculation, the accrual method will determine the number of days in a year. The interest rate and other charges on this Loan Agreement will never exceed the highest rate or charge allowed by law for this loan. If the amount collected is found to exceed the highest rate or charge allowed, you will refund an amount necessary to comply with the law. Prepayment. I may prepay this Loan Agreement in whole or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. I will not send you any payments marked as “paid in full,” “without recourse,” or similar. If I send a payment marked in this manner, you may accept it without forfeiting any of your rights under this Loan Agreement, and I will remain obligated to pay any further amount owed to you. Transactions with Affiliates. I shall not directly or indirectly (including through my affiliate(s)) transfer any proceeds of the Loan to, nor use them for the benefit of, a Bank Affiliate. I may request a list of Bank Affiliates, which is updated on a quarterly basis, from you by contacting you. The term "Bank Affiliate" means any entity (1) that is directly or indirectly (including ownership through a trust and beneficial ownership), controlling, controlled by, or under common control with you (such an entity a "Control Entity"), (2) in which a majority of its directors, trustees, or general partners (or individuals exercising similar functions) constitute a majority of the persons holding any such office with you or a Control Entity, (3) that is sponsored and advised on a contractual basis by you or another Bank Affiliate, or (4) that is an investment fund for which you or any other Bank Affiliate serves as an investment adviser. Ownership of fifteen percent (15%) or more of the ownership interest in an entity shall be deemed control of the entity, and each general partner shall be deemed to have control over a partnership. To the extent the proceeds of this Loan will be used to purchase securities (regardless of whether such purchase is conducted through BBVA Securities Inc. or through another broker-dealer): (1) no securities of a Bank Affiliate (including those underwritten by a Bank Affiliate) shall be purchased during an issuance or underwriting period, or in a way that would transfer Loan proceeds to a Bank Affiliate; (2) no securities shall be purchased where a Bank Affiliate is selling them as principal (even in the open market); and (3) I agree to promptly notify you of any violation of this provision. Warranties and Representations. I have the power and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me, or to which I am a party. Default. I will be in default if any of the following occur: • I fail to make a payment when due. Note and Disclosure-Fixed-TX © 2020 Wolters Kluwer Financial Services, Inc. 07/2020 All rights reserved. 2021040521.1.0.3463-J20200928Y Page 2 of 4 • I die or am declared legally incompetent. • I engage in fraud or material misrepresentation in connection with this Loan Agreement. • I become insolvent, I make an assignment for the benefit of creditors, a receiver is appointed for any part of my property, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. • I fail to perform any condition or keep any promise of this or any agreement I have made with you. Remedies. After I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following: • Make all or any part of the amount owing by the terms of this Loan Agreement due. • Use any and all remedies you have under state or federal law, or in any instrument securing this Loan Agreement. • Make a claim for any and all insurance benefits or refunds that may be available on my default. • Set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by law. • Make amounts advanced on my behalf due and add those amounts to the balance owing under the terms of this Loan Agreement. By choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. Waivers. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate, and notice of dishonor. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker, or any other cosigner. Collection Expenses and Attorneys' Fees. On or after Default, to the extent permitted by law, I agree to pay all reasonable expenses of collection, enforcement, or protection of your rights and remedies under this Loan Agreement. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the rate provided in the terms of this Loan Agreement. To the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. Jurisdiction. I acknowledge that any cause of action arising under this Loan Agreement will be a cause of action arising from a transaction occurring in the state where this Loan was made, and I hereby submit to jurisdiction in the state where this Loan was made for any action arising out of or in connection with this Loan Agreement and waive any and all rights under the laws of any state to object to jurisdiction within the state where this Loan was made. My Loan is considered to have been made in Alabama. General Provisions. This Loan Agreement is governed by the laws of Alabama and the United States of America. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of our agreement. No modification of this Loan Agreement is effective unless made in writing and signed by me and you. The duties and benefits of this Loan Agreement will bind and benefit the successors and assigns of me and you. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to my last known address. Notice to one party will be deemed to be notice to all parties. Where a notice is required, I agree that 10 days prior written notice will be reasonable notice to me under the Uniform Commercial Code or other applicable state law. I will provide you any financial statement or information you request. All financial statements and information I give you will be correct and complete. My name and address are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. No present or future agreement securing any other debt I owe you will secure the obligations of this Loan Agreement if such other debt is secured by a dwelling or real estate or if, as a result, this Loan Agreement would become subject to 10 U.S.C. 987 (the Military Lending Act). Note and Disclosure-Fixed-TX © 2020 Wolters Kluwer Financial Services, Inc. 07/2020 All rights reserved. 2021040521.1.0.3463-J20200928Y Page 3 of 4 Signatures By signing under seal, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement on today's date. CAUTION. IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Borrower RAMIRO BALDERAS Date Seal Note and Disclosure-Fixed-TX © 2020 Wolters Kluwer Financial Services, Inc. 07/2020 All rights reserved. 2021040521.1.0.3463-J20200928Y Page 4 of 4 Certificate Of Completion Envelope Id: FF2D238C2DD8458BBB8412C685DF024A Status: Completed Subject: Please sign: Source Envelope: Document Pages: 18 Signatures: 5 Envelope Originator: Certificate Pages: 4 Initials: 0 BBVA Customer Service AutoNav: Enabled oaoapplication.us@bbva.com EnvelopeId Stamping: Enabled IP Address: 192.251.189.74 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original Holder: BBVA Customer Service Location: DocuSign 4/5/2021 3:13:14 PM oaoapplication.us@bbva.com Signer Events Signature Timestamp RAMIRO BALDERAS Sent: 4/5/2021 3:13:19 PM Viewed: 4/5/2021 3:13:42 PM Security Level: Signed: 4/5/2021 3:15:18 PM OAO.None ID: Signature Adoption: Drawn on Device 4/5/2021 5:12:59 PM Using IP Address: Signed using mobile Electronic Record and Signature Disclosure: Accepted: 4/5/2021 3:13:42 PM ID: 00c11190-b21f-4d74-ae62-abe16a32e50a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp RAMIRO BALDERAS Sent: 4/5/2021 3:15:20 PM Security Level: Email, Account Authentication (None), Access Code Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/5/2021 3:13:19 PM Certified Delivered Security Checked 4/5/2021 3:13:42 PM Signing Complete Security Checked 4/5/2021 3:15:18 PM Completed Security Checked 4/5/2021 3:15:20 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC COMMUNICATIONS AGREEMENT It is our goal to provide you with as many digital banking options as possible, including providing information to you electronically. We are required by law to give you certain information in writing. This means you have the right to receive that information on paper. With your consent, we can provide it to you electronically, instead. In this Agreement: "We", "us", "our", and "BBVA" mean BBVA USA, Member FDIC, a member of the BBVA Group, or any other affiliate bank of BBVA Bancshares, Inc. "You" and "your" mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any BBVA product that you apply for, use or access. "Communications" means each disclosure, notice, agreement, fee schedule, privacy policy, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request. You agree to receive electronic Communications from us and to use electronic signatures. By accepting this agreement, you consent to receive Communications in electronic form for any products, services and accounts that you have or apply for, now or in the future. You also consent to using electronic signatures in your relationship with us. Please read the information below carefully and thoroughly. We may deliver electronic Communications to you in several ways. When we deliver electronic Communications to you, we may: (1) email them to you; (2) post them on our website; (3) present them onscreen or for download through one of our online or mobile banking services; (4) include them in other electronic Communications that we are delivering to you, such as electronic account statements; (5) provide them in the manner specified in any other agreement we have with you; or (6) deliver them through your DocuSign user account. If we are not delivering or presenting an electronic Communication to you directly, we will tell you where you can go to view that information. If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. If you choose not to receive electronic Communications or use electronic signatures in connection with the new product, service or account, that choice does not mean you have withdrawn your consent with respect to any other product, service or account. You will need some technology to receive electronic Communications. To receive and retain electronic Communications from us through your DocuSign, Inc. Express Required hardware and software A computer or mobile device with an operating system that supports Hardware: everything below. Internet: Internet access (cable modem, DSL, etc) Operating Windows 7 or higher Systems: OS 10.8 or higher A browser that supports 128-bit encryption (i.e., Internet Explorer 11, Browsers: Microsoft Edge, Mozilla Firefox 35 or higher, Google Chrome 31 or higher) A current version of software that displays and prints PDF files (such as PDF Reader: Adobe Reader) Screen 800 x 600 minimum Resolution: Enabled Security Allow per session cookies Settings: Email: A valid, active email address Retention: A hard drive or other data storage unit, or access to a printer ** These minimum hardware and software requirements are subject to change. If these requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will provide notice of the change. Continuing to use our electronic services after receiving notice of updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent. However, you may withdraw your consent at any time (although your withdrawal of consent will become effective only after we have had reasonable opportunity to act upon it). Please keep your contact information up to date. It is your responsibility to keep all of your contact information current so that we can send you electronic Communications. You can update your email address and other contact information by editing your profile in BBVA Mobile Banking or Online Banking. You may also call Customer Service at 1-844-228-2872. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign user account by following the process for changing e-mail in the DocuSign system. You may have the option to receive paper copies. We may choose to make paper copies of certain electronic Communications available upon request. There may be a fee for providing a paper copy. If you would like a paper copy, please call Customer Service at 1-844-228-2872 to find out whether a paper copy is available and the amount of any fee for that copy. For Communications we provided or made available electronically to you through your DocuSign user account, as long as you are an authorized user of the DocuSign system, you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 calendar days) after such documents are first sent to you. After such time, you may request paper copies from us by following the procedure described above. You can withdraw your consent to receiving electronic Communications. You may withdraw this consent at any time. To do so, you must inform us of any decision to withdraw your consent to receive electronic Communications by calling Customer Service at 1- 844-228-2872. A withdrawal of consent will become effective only after we have had reasonable opportunity to act upon it. If you withdraw your consent prior to electronically signing your documents, your application will be canceled and no account will be opened. Withdrawing consent may terminate your access to certain electronic services we provide, including Online Banking and Mobile Banking. You may also no longer be able to use certain BBVA products. After we have processed your withdrawal, future Communications required to be in writing will be delivered to you on paper, subject to applicable fees. Rev. 5/2019 2019 BBVA and BBVA Compass are trade names of BBVA USA, a member of the BBVA Group. BBVA USA, Member FDIC and an Equal Housing Lender. EXHIBIT B 1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 942 2 LIBERTY COMMONS DATE 6/01/2023 21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023 50 LOAN NUMBER * * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * * BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION 21 1 095 535 3 BALDERAS R 6,556.53 04/05/21 10/08/21 32001 6,556.53 LOAN ESTABLISHED 55020 6,556.53 PRINCIPAL BAL DR ADJ 41010 145.06 FINANCE CHG DEBIT ADJ 7,000.00 04/08/21 04/08/21 64000 237.34 07 REGULAR PAYMENT 64810 14.93 PAYMENT INTEREST 64820 222.41 PAYMENT PRINCIPAL 6,777.59 05/07/21 05/07/21 64000 237.34 07 REGULAR PAYMENT 64810 139.69 PAYMENT INTEREST 64820 97.65 PAYMENT PRINCIPAL 6,679.94 05/31/21 05/31/21 64000 237.34 07 REGULAR PAYMENT 64810 113.93 PAYMENT INTEREST 64820 123.41 PAYMENT PRINCIPAL 6,556.53 08/13/21 08/13/21 64000 237.34 07 REGULAR PAYMENT 64810 237.34 PAYMENT INTEREST 6,556.53 09/10/21 09/10/21 64000 237.34 07 REGULAR PAYMENT 64810 237.34 PAYMENT INTEREST 6,473.56 10/14/21 10/14/21 64800 237.34 DDA/ACH PAYMENT TRANS 64810 154.37 PAYMENT INTEREST 64820 82.97 PAYMENT PRINCIPAL 6,556.53 10/14/21 10/14/21 93800 9.31 ACCRUAL - ACTIVITY 999 41810 9.31 FINANCE CHARGE 6,473.56 10/29/21 10/29/21 93800 73.61 ACCRUAL - DAILY SWEEP 999 41810 73.61 FINANCE CHARGE 10/29/21 10/29/21 95800 0.00 STATEMENT PRODUCED 6,342.04 11/06/21 11/09/21 64000 237.34 2189953077517 EAP 64810 105.82 PAYMENT INTEREST 64820 131.52 PAYMENT PRINCIPAL 6,473.56 11/06/21 11/09/21 94800 32.21 ACCRUAL - ACTIVITY 999 41810 32.21 FINANCE CHARGE 11/29/21 11/29/21 35934 0.00 RISK SCORE QTR CB SCR 6,342.04 11/29/21 11/29/21 93800 108.17 ACCRUAL - DAILY SWEEP 999 41810 108.17 FINANCE CHARGE 11/29/21 11/29/21 95800 0.00 STATEMENT PRODUCED 6,262.45 12/11/21 12/14/21 64000 237.34 2193019684779 EAP 64810 157.75 PAYMENT INTEREST 64820 79.59 PAYMENT PRINCIPAL 6,342.04 12/11/21 12/14/21 94800 49.58 ACCRUAL - ACTIVITY 999 41810 49.58 FINANCE CHARGE 12/14/21 12/14/21 35235 0.00 C0182-DR-BIL-COD 1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 943 2 LIBERTY COMMONS DATE 6/01/2023 21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023 50 LOAN NUMBER * * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * * BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION 6,038.46 12/14/21 12/14/21 64800 237.34 DDA/ACH PAYMENT TRANS 64810 13.35 PAYMENT INTEREST 64820 223.99 PAYMENT PRINCIPAL 6,262.45 12/14/21 12/14/21 93800 13.35 ACCRUAL - ACTIVITY 999 41810 13.35 FINANCE CHARGE 6,262.45 12/14/21 12/21/21 63000 237.34 REV TO DDA 63810 13.35 PAY REV INTEREST 63820 223.99 PAY REV PRINCIPAL 6,262.45 12/21/21 12/21/21 93800 31.15 ACCRUAL - ACTIVITY 999 41810 31.15 FINANCE CHARGE 6,262.45 12/30/21 12/30/21 93800 44.51 ACCRUAL - DAILY SWEEP 999 41810 44.51 FINANCE CHARGE 12/30/21 12/30/21 95800 0.00 STATEMENT PRODUCED 6,176.43 01/14/22 01/14/22 64800 237.34 DDA/ACH PAYMENT TRANS 64810 151.32 PAYMENT INTEREST 64820 86.02 PAYMENT PRINCIPAL 6,262.45 01/14/22 01/14/22 93800 62.31 ACCRUAL - ACTIVITY 999 41810 62.31 FINANCE CHARGE 6,176.43 01/28/22 01/28/22 93800 65.84 ACCRUAL - DAILY SWEEP 999 41810 65.84 FINANCE CHARGE 01/28/22 01/28/22 95800 0.00 STATEMENT PRODUCED 01/31/22 01/31/22 35934 0.00 RISK SCORE QTR CB SCR 02/11/22 02/11/22 35690 0.00 C0182-LTE-CRG-NTC-OPT 02/11/22 02/11/22 35764 0.00 C0192-CMS-MAN-ACT-IND 6,063.73 02/12/22 02/15/22 64000 240.00 2266950872231 EAP 64820 237.34 PAYMENT PRINCIPAL 64899 2.66 OVERAGE 64820 2.66 PAYMENT PRINCIPAL 6,176.43 02/12/22 02/15/22 94800 8.63 ACCRUAL - ACTIVITY 999 42810 8.63 FINANCE CHG CR ADJ 5,835.00 02/14/22 02/14/22 64800 237.34 DDA/ACH PAYMENT TRANS 64810 136.07 PAYMENT INTEREST 64820 101.27 PAYMENT PRINCIPAL 6,063.73 02/14/22 02/14/22 93800 70.23 ACCRUAL - ACTIVITY 999 41810 70.23 FINANCE CHARGE 5,835.00 02/15/22 02/15/22 93800 12.44 ACCRUAL - ACTIVITY 999 41810 12.44 FINANCE CHARGE 5,835.00 02/15/22 02/15/22 99900 0.50 BACKDATING ADJUSTMENT 41911 0.18 BACKDATING INTEREST DR 1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 944 2 LIBERTY COMMONS DATE 6/01/2023 21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023 50 LOAN NUMBER * * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * * BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION 63910 0.16 BACKDATE PAY REV INTEREST 64920 0.16 BACKDATE PAYMENT PRINCIPA 5,835.00 03/30/22 03/30/22 93800 182.46 ACCRUAL - DAILY SWEEP 999 41810 182.46 FINANCE CHARGE 03/30/22 03/30/22 95800 0.00 STATEMENT PRODUCED 04/08/22 04/08/22 35235 0.00 C0182-DR-BIL-COD 04/08/22 04/08/22 35240 0.00 C0182-DDA-SAV-COD 04/08/22 04/08/22 35245 0.00 C0182-DEP-ACT-NUM 04/08/22 04/08/22 35250 0.00 C0182-ACH-NUM 5,820.10 04/08/22 04/11/22 64000 234.68 2271648024397 EAP 64810 219.78 PAYMENT INTEREST 64820 14.90 PAYMENT PRINCIPAL 5,835.00 04/08/22 04/11/22 94800 33.17 ACCRUAL - ACTIVITY 999 41810 33.17 FINANCE CHARGE 5,820.10 04/11/22 04/11/22 64000 1.00 01101 00145 RPS 64810 1.00 PAYMENT INTEREST 5,820.10 04/11/22 04/11/22 93800 12.41 ACCRUAL - ACTIVITY 999 41810 12.41 FINANCE CHARGE 5,591.52 04/11/22 04/12/22 64000 240.00 00006 40699 TWH 64810 11.42 PAYMENT INTEREST 64820 224.92 PAYMENT PRINCIPAL 64899 3.66 OVERAGE 64820 3.66 PAYMENT PRINCIPAL 5,820.10 04/11/22 04/12/22 94800 0.01 ACCRUAL - ACTIVITY 999 41810 0.01 FINANCE CHARGE 04/25/22 04/25/22 35934 0.00 RISK SCORE QTR CB SCR 5,591.52 05/27/22 05/27/22 93800 186.76 ACCRUAL - DAILY SWEEP 999 41810 186.76 FINANCE CHARGE 05/27/22 05/27/22 95800 0.00 STATEMENT PRODUCED 5,591.52 06/14/22 06/14/22 64000 250.00 01104 00113 RPS 64810 237.34 PAYMENT INTEREST 64810 12.66 PAYMENT INTEREST 5,591.52 06/14/22 06/14/22 93800 67.55 ACCRUAL - ACTIVITY 999 41810 67.55 FINANCE CHARGE 5,591.52 06/29/22 06/29/22 93800 63.58 ACCRUAL - DAILY SWEEP 999 41810 63.58 FINANCE CHARGE 06/29/22 06/29/22 95800 0.00 STATEMENT PRODUCED 5,461.07 07/13/22 07/13/22 64000 250.00 01103 00158 RPS 64810 119.55 PAYMENT INTEREST 1 PNCBANK CORP HISTORY CARD REPORT #ALRS0566 00021 PAGE 945 2 LIBERTY COMMONS DATE 6/01/2023 21 PNC BANK, NATIONAL ASSOCI AS OF 6/01/2023 50 LOAN NUMBER * * * * * * * * * * T R A N S A C T I O N H I S T O R Y * * * * * * * * * BANK APP LOAN NUM TYP ST SHORT CURRENT EFFECT POST REF TRAN TRANSACTION HISTORY NAME BALANCE DATE DATE NUM CODE AMOUNT DESCRIPTION 64820 105.13 PAYMENT PRINCIPAL 64899 25.32 OVERAGE 64820 25.32 PAYMENT PRINCIPAL 5,591.52 07/13/22 07/13/22 93800 51.66 ACCRUAL - ACTIVITY 999 41810 51.66 FINANCE CHARGE 5,461.07 07/29/22 07/29/22 93800 65.98 ACCRUAL - DAILY SWEEP 999 41810 65.98 FINANCE CHARGE 07/29/22 07/29/22 95800 0.00 STATEMENT PRODUCED 08/01/22 08/01/22 35934 0.00 RISK SCORE QTR CB SCR 5,349.15 08/15/22 08/15/22 64000 240.00 01101 00171 RPS 64810 128.08 PAYMENT INTEREST 64820 109.26 PAYMENT PRINCIPAL 64820 2.66 PAYMENT PRINCIPAL 5,461.07 08/15/22 08/15/22 93800 62.10 ACCRUAL - ACTIVITY 999 41810 62.10 FINANCE CHARGE 5,349.15 08/30/22 08/30/22 93800 60.82 ACCRUAL - DAILY SWEEP 999 41810 60.82 FINANCE CHARGE 08/30/22 08/30/22 95800 0.00 STATEMENT PRODUCED 5,219.39 09/13/22 09/13/22 64000 240.00 01102 00152 RPS 64810 110.24 PAYMENT INTEREST 64820 124.44 PAYMENT PRINCIPAL 64899 5.32 OVERAGE 64820 5.32 PAYMENT PRINCIPAL 5,349.15 09/13/22 09/13/22 93800 49.42 ACCRUAL - ACTIVITY 999 41810 49.42 FINANCE CHARGE 5,219.39 09/29/22 09/29/22 93800 63.06 ACCRUAL - DAILY SWEEP 999 41810 63.06 FINANCE CHARGE 09/29/22 09/29/22 95800 0.00 STATEMENT PRODUCED 5,090.67 10/13/22 10/13/22 64000 240.00 01104 00072 RPS 64810 111.28 PAYMENT INTEREST 648