Motion for Writ in Mariner Finance, Llc v. Tanesa A. Rivera| Trellis.Law

On April 29, 2024 a Complaint,Petition was filed involving a dispute between Mariner Finance, Llc, and Tanesa A. Rivera, for Other Matters - Consumer Credit (Non-Card) Transaction in the District Court of Monroe County.

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INDEX NO. E2024007154
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.

Receipt # 3844692

Book Page CIVIL

Return To: No. Pages: 9
ROBERT BRIAN GITLIN
500 Canal View Blvd. Instrument: EFILING INDEX NUMBER
Ste 600
Rochester, NY 14623 Control #: 202404291277
Index #: E2024007154

Date: 04/29/2024

MARINER FINANCE, LLC Time: 2:28:22 PM

RIVERA, TANESA A.

State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: SM
Management

Total Fees Paid: $210.00

State of New York

MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

JAMIE ROMEO.

MONROE COUNTY CLERK

MMI

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STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT _ COUNTY OF MONROE NON-CARD
TRANSACTION
MARINER FINANCE, LLC

Plaintiff, SUMMONS

vs. Plaintiff's Address:
2496 West Ridge Road, Suite A-1
Rochester, New York 14626
TANESA A. RIVERA
34 William Warfield Drive
Rochester, New York 14605
Defendant(s).

The Basis of Venue is:

Transaction took place in: County of MONROE

Defendant resides in: County of MONROE

TO THE ABOVE NAMED DEFENDANT(S):

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy
of your answer on the Plaintiff's attorney(s) within 20 days after the service of this Summons exclusive of
the day of service (or within 30 days after the service is complete if this Summons is not personally
delivered to you within the State of New York). In case of your failure to appear or answer, judgment will
be taken against you by default for the relief demanded in the Complaint.

April 29, 2024 A) iat
TREVETT CRISTO
he r
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
P.O. Address and telephone number
500 Canal View Blvd., Ste 600
Rochester, NY 14623
(585) 325-5343

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STATE OF NEW YORK.
SUPREME COURT COUNTY OF MONROE
MARINER FINANCE, LLC
COMPLAINT
Plaintiff,
vs.

TANESA A. RIVERA

Defendant(s).

Plaintiff, by the undersigned attorney, alleges:

(1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at
2496 West Ridge Road, Suite A-1, Rochester, New York 14626 and is the original creditor of this loan.

(2) That on or about August 10, 2023, the Defendant(s) entered into a Note and Security Agreement with
Plaintiff, whereby, and in consideration for a loan of $2,619.80 the Defendant(s) agreed pursuant to the
Note and Security Agreement to repay said loan, together with a finance charge, all as set forth in the Note
and Security Agreement, bearing an account number with the last four digits of 9216, a copy of said
agreement being attached hereto and made a part hereof.

(3 ) That the Defendant(s) last payment in the amount of $213.00 was received on March 14, 2024 and that
since that date the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Note
and Security Agreement.

(4) That as of April 17, 2024, there remains a principal balance under said Note and Security Agreement
in the sum of $2,382.99, inclusive of Life Insurance premium in the amount of $15.06, Disability Insurance
premium in the amount of $88.06, plus interest in the amount of $54.59, for a total amount due of $2,437.58,
together with interest at the rate of 24.99% per annum on the principal balance from April 17, 2024.

(5) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff the
sum of $2,437.58 together with interest on the principal balance at the rate of 24.99% per annum from
April 17, 2024.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $2,437.58 together
with interest on the principal balance at the rate of 24.99% per annum from April 17, 2024, plus costs and
disbursements, to be determined by the County Clerk.

Dated: April 29, 2024
TREVETT CRISTO
ROBERT B. GITLIN, ESQ.
Attorney for Plaintiff
500 Canal View Blvd., Ste 600
Rochester, New York 14623
(585) 325-5343

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Sti --X
MARINER FINANCE, LLC

Plaintiff/Petitioner,

- against -

TANESA A. RIVERA

Defendant/Respondent.
itis tnamarncpesamannecetonmenin,
NOTICE OF ELECTRONIC FILING
(Mandatory Commencement Case)
(Uniform Rule §202.5-bb(a)(2)(v) and (vi))

You have received this Notice because:

1) The Plaintiff/Petitioner, whose name is listed above, was required to file this case using the
New York State Courts e-filing system (“NYSCEF”), and

2) You are a Defendant/Respondent (a party) in this case.

If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).

Ifyou are not represented by an_attorney:
You will be served with all documents in paper and you must serve and file your documents in
paper, unless you choose to participate in e-filing.

If you choose to participate in e-filing, you must have access to a computer and a scanner or
other devise to convert documents into electronic format, a connection to the internet, and an e-
mail address to receive service of documents.

The benefits of participating in e-filing include:
© serving and filing your documents electronically
© free access to view and print your e-filed documents
¢ limiting your number of trips to the courthouse
© paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
e visit: www.nycourts.gov/efile-unrepresented or
e contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information
can be found at www.nycourts.gov

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To find legal information to help you represent yourself visit www.nycourthelp.gov

Information for Attorneys
(E-filing commencement Documents is Mandatory)
Attorneys representing a party must either consent or decline consent to electronic filing and service
through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner provided
at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing
must first create a NYSCEF account and obtain a user ID and password prior to recording their
consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must file with the court and serve on all parties of record a
declination of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile@nycourts.gov).

Dated:_April 29, 2024

Robert B. Gitlin, Esq. 500 Canal View Blvd.. Ste 600
Name Address

Trevett Cristo Rochester, New York 14623
Firm Name Address

(585) 325-5343
Phone

rgitlin@trevettcristo.com
E-Mail

To: TANESA A. RIVERA

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NOTE, SECURITY AGREEMENT & ARBITRATION AGREEMENT (New York)
Name & Mailing Address of Borrower(s) ‘Co-Borrower(s)
TANESAA RIVERA.
Maturity Date [Account
No.
‘CO-BORROWER ADDRESS IF NOT THE SAME, 08/10/2026 12-16]
34 WILLIAM WARFIELD DR
ROCHESTER, NY _ 14605
Loan Date Loan Type
8/10/2023 10
‘The borrower(s) who si n this Note, Securit went & Arbitration Agreement (no/e) are called J, you or your. The lender/ereditor, Mariner Finance, LLC, whose
address is 2496 W RI ID IGE
RD, ROC! HI ester NY_ 146:
is called we, us, or our. Each borrower is responsible for individually re payin; the loan in full. These disclosures are required by law and are part of this note:
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
PERCENTAGE RATE __ [The dollar amount the credit will he amount of credit provided The amount you will have paid
The cost of your credit as a Icost you. to you or on your behalf. after you have made all
yearly rate. payments as scheduled.
24.98 YoH$ 1,129.24 IS 2,619.80 $3,749.04
Your payment schedule will be:
Number of Payments Amount of Payments [When Payments Are Due
4 $ 104.14 09/10/2023 First Payment Date
Other payments are due on the same date each following month until paid in
35 $ 104.14 full.
Security: You are giving a security interest in: O the goods or property being purchased.
El pp (“PP” means certain household items)
Late Payment: If a payment is not received within 10 days after it is due, you will pay a late charge of 5% of such payment.
Prepayment: If you pay off early, you will not have to pay a penalty and you may be entitled to a refund of part of the finance charge.
See the rest of this note for additional information about nonpayment, default, any required repayment in full before the scheduled
date, and prepayment refunds and penalties
€ means an estimate
Itemization of Amount Financed ILS. 2,619.80 Amount Financed (Sum of 3-10)
1.3. 2,554.59 Net Balance-Prior Account
2.8, NONE Plus Accrued Interest [At your direction and request, on your behalf and for your benefit, we will
3.8. 2,022.36 Unpaid Balance-Prior Account disburse the following (including any items described on Schedule B):
4.$. 23.47 To Ins, Comp. for Life Ins.*
5.8, 98.97 To Ins. Comp. for Dis. Ins.* a)$. 475.00 To TANESAA RIVERA
6, NONE To Ins. Comp. for Property Ins.* b)$, NONE_ To N/A
1S, NONE To Ins. Comp. for Invol. Unemp. Ins.* oS. NONE To N/A
8.$, NONE To Ins. Comp. for Single Interest Auto Ins.* ds. NONE_ To N/A
9.$. NONE To Public Officials for Recording Fees ©)$, NONE To N/A
10.8, 475.00 Cash to Borrower(s) Hs. NONE To N/A
2). NONE To N/A
h)$. NONE To N/A
*We or our affiliates may receive benefits from your purchase of these items.
‘You promise to pay to the order of the above lender/creditor (us) the Total of Payments disclosed above, which includes Finance Charges at the rate
of 24.99 % per year (the Interest Rate) in monthly payments as scheduled above. You will pay interest at the Interest Rate on the unpaid principal
balance of this note after maturity (whether originally scheduled or accelerated) and after judgment until paid in fall.

You may prepay this note without penalty. If you prepay in full by cash, refinancing or otherwise, we will refund any unearned Finance Charge using
the Actuarial refund method and any uneamed insurance premiums. Unless the loan is refinanced, no refund of less than $1.00 will be made, Partial
prepayments will be applied against the unpaid balance and you must still make each scheduled monthly payment until the entire balance is paid.
Purchase of credit life, credit disability and involuntary unemployment insurance is not required and such insurance won’t be provided unless you
sign and agree to pay the additional cost. You may purchase 1 or more of these coverages at your option.
Credit Life I want credit life insurance. ‘Signature_TAnesd 4 RIVERA
BX Single O Joint Coverage $ 23.47 J also want joint credit life insurance. Signature
Credit Disability T want credit disability insurance. Signature TANESAA RIVERA |
BI Single C1 Joint Coverage $ 98.97 I also want joint credit disability insurance. Signature
Involuntary Unemployment $ NONE I want involuntary unemployment insurance, Signature
Property Insurance. You will keep the Property (as defined below) insured for its full value against loss or damage. If the Property is a motor vehicle,
you agree to buy and maintain single interest auto property insurance, which protects our interest in the Property only, as well as primary automobile
physical damage insurance consisting of comprehensive and collision coverage, covering loss or damage to the Property. Your physical damage insurance
policy must insure the Property for its full replacement value with a deductible amount of no more than $500, Your insurance policies must say that the
insurance is payable to us to the extent of what you owe us and you must give us a loss payable clause satisfactory to us. You direct the insurance
companies to pay us all insurance proceeds and retumed or uncarned premiums.

NY Di pestPC Note 3.2021 Page 1 of 4
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You may buy property insurance (including single interest auto property insurance, automobile physical damage insurance and household
property insurance) from anyone you want.
If you get required single interest auto property insurance through us for aterm of N/A___ months you will pay S a . Ifyou get dual
interest household property insurance through us for a term of N/A months you will pay $ NONE
J want single interest auto property insurance O dual interest household property insurance through us. Signature.

You agree to pay the charges permitted by applicable law. You will pay us a bad check fee of $20.00 if you make any payment with a check that is
dishonored because you have no account or there are insufficient funds in your account.

You grant us a security interest in the following property, all parts, accessories, and equipment now or later added to the property, and all proceeds
(collectively, the Property). We give up any right we have (now or later) to consider collateral you give us for another obligation as collateral for this note
unless it is described in this note.
O Motor Vehicle(s) described as follows
NEW OR | YEAR AND NO. SERIES NAME (Also BODY, TYPE & MODEL NO. IDENTIFICATION NO. (Serial or
USED MAKE CLY. No. if applicable) (if truck, tons capacity) Motor No.)

1 Personal property. See attached Schedule A, which is part of this note, for more detail.
You promise that: you are the owner of the Property and, ifthere is a certificate oftitle to the Property, you will promptly deliver the certificate to us;
you will not sell, tease or otherwise dispose of the Property without our prior written consent; you will keep the Property in this state, unless the Property is
a motor vehicle, in which case you only will use it outside this state temporarily in the course of your normal use of the Property; you will not use the
Property in violation of any law or in any manner inconsistent with any insurance policy; you will pay all taxes, assessments and other fees payable on the
Property when they are due and payable; only we have a security interest in the Property unless you have told us in writing about another security interest;
you will not permit any other security interest to be on the Property without our prior written consent; and you will keep the Property in good condition and
repair and you will not permit anything to be done to the Property that would impair its value.
ADDITIONAL TERMS AND CONDITIONS
1, We may inspect the Property at any reasonable time. You will show us the Property or give us a written statement showing the location of the Property
whenever we ask. You authorize us to file all financing statements, continuation statements and security interest filing statements with respect to the
Property and you agree to sign such statements at our request.
2. If we agree that you may defer payment of all unpaid payments for which no default charge has been charged one or more full months, you will pay us a
deferral charge equal to the difference between the Finance Charge we would refund if you prepaid in full on the scheduled due date of the first deferred
payment and the amount that would be refunded for prepayment in full onc month earlier, multiplied by the number of months in the deferment period.
The deferment period is the period in which no scheduled payment has been made and in which no payment is required by reason of the deferment. Ifa
refund of Finance Charge is required during a deferment period because of prepayment in full, we will refund the deferment charge for the number of
months remaining in the deferment period. For this purpose, a portion of a month exceeding 15 days shall be deemed a month.
3. You will be in default if: you do not make a payment when it is due; you are (or any other person puts you) in bankruptcy, insolvency or receivership;
any credit information you gave to us or any representation you make to us in this note is materially wrong; you do not fulfill any obligation of yours in this
note; or you die.
4, When you are in default, we may require you to pay this loan plus accrued charges less a refund of Finance Charge computed in the same way as if you
had made payment in full in advance, at once, in addition to any other remedies we have.
5. When you are in default, we have the rights and remedies of a secured party under New York law, including the right to repossess the Property. If the
Property is a motor vehicle, you may have a right to redeem the vehicle if your sole default is a failure to make timely payments as required by this note. If
the law requires us to give you notice of sale or disposition of the Property, 10 days prior notice will be reasonable notice, unless a longer notice period is
required by law. The notice may be sent to your address last shown on our records. We may require you to assemble and make the Property available to us
at any place convenient to both of us. If any of your possessions are in or attached to the Property at the time it is repossessed, you authorize us to take
them without any liability. We will store them for you safely. We will tell you where they are stored and you may redeem them. if you do not claim your
possessions within 30 days after the goods are repossessed, we may dispose of them without notice to you in any manner we deem appropriate, unless
required otherwise by applicable law. You agree to pay any defi cy after the sale of the Property.
6. We can waive or delay enforcing any of our rights without losing them. We can waive or delay enforcing a right against one of you without losing it as,
to the other, We can release one of you without releasing the other. You consent to extensions of time without notice.
7. New York law and federal law govern this note. If any part of this note is unenforceable, this will not make any other part unenforceable (subject to the
paragraph below titled Other Agreements). You won’t be required to pay interest or charges in excess of those permitted by law. In addition, if any
provision of this note is contrary to the rights and protections afforded to any “covered borrower” as defined in the Military Lending Act, such contrary
provision of this note shall be inoperative and shall have no force or effect in connection with such “covered borrower;” however all remaining provisions
of this note shall remain in full force and effect.

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Military Lending Act Disclosures: THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER OF THE MILITARY OR
A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER.
Mariner Finance, LLC appreciates your and your family’s service to our country. As an active duty member of the military (or
dependent of an active duty military member), the Federal Military Lending Act (“MLA”) provides you with certain protections. Please
see below for important information about your loan.
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not
exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The
costs associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction; any
application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a credit card account).

Please also call 1-877-299-3124 to receive your MLA disclosures over the phone.

READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS:
« YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION
INSTEAD OF IN COURT.
¢ IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL
ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY.
° YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN
ANY OTHER CONSOLIDATED PROCEEDING.
« YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER
THE NOTE DATE.

The below Arbitration Agreement does not apply to any “covered borrower” as defined in the Military Lending Act.

By signing this note, you agree to this Arbitration Agreement (Agreement). This Agreement is part of your note. In this Agreement, “you,” “we,” “us,” and “our” include
subsidiaries, affiliates, agents, employers, successors, and assigns.
Arbitration Agreement. You or we may elect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court. You waive any
right you have to resolve a Claim between you and us in court. You waive any right you have to participate as a class representative or class member.
Claim, Claim means any claim or dispute, whether arising in law, equity, or otherwise, and regardless of the type of relief sought arising from or relating to your
application for credit, the note, the origination, servicing and enforcement of the obligation, any insurance contract or warranty or other product or service you buy, and
any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial claims, counterclaims, cross-claims, and third-party
claims. Claim also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation and ordinance.
“Claim” does not include any dispute or controversy about the validity, enforceability or scope of this Agreement or any part thereof (including, without limitation, the
Class Action Waiver set forth below, subparts (A) and (B) of the “Other Agreements” section set forth below and/or this sentence); all such disputes or controversies are
for a court and not an arbitrator to decide. Any dispute or controversy that concerns the validity, enforceability or scope of the note as a whole is for the arbitrator, not a
court, to decide.
Small Claims. You and we retain the right to scek individual relief in small claims court so long as the Claim is only in that court and is within that court’s
jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is
transferred, removed, or appealed to a different court.
Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: (a) self-help remedies (such as repossession), (b)
foreclosure, replevin, gamishment, (c) any individual action in court by one party to prevent the other party from using a selfhelp remedy and that does not seek
damages or monetary relief of any kind; and/or (4) public injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seck arbitration for Claims
that are not excluded.
Non-Waiver. Even if a Claim is brought in court, you or we may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in
that action or any related or unrelated lawsuit. Nothing in that litigation shall constitute a waiver of any rights under this Agreement.
Arbitration Process. Arbitrations will be conducted by the American Arbitration Association (“AAA”) or, if the AAA is not available, another arbitration
organization, subject to agreement by both you and us. If you and we cannot agree, a court with jurisdiction will appoint the arbitration organization or arbitrator. You
can find the rules of the AAA by visiting its website at www.adr.org. Arbitrators must bc attorneys or retired judges with at least 15 years of experience practicing law.
Arbitrators must be selected according to rules of the AAA or any other agreed or appointed arbitration organization, Arbitrators must apply substantive governing law
consistent with the Federal Arbitration Act and applicable statutes of limitation and privileges. The arbitrator may award any damages or other relief or remedies that
would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shal! be govemed by the
Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's individual claim).
The arbitration hearing will be conducted in the federal district where you live, The arbitration may take place somewhere else more convenient to you if
required by the rules of the AAA or any other agreed arbitration organization. If you and we agree, the arbitration can be conducted by telephone. We will advance
and/or pay any fees and costs required by the rules of the AAA or any other agreed or appointed arbitration organization to ensure this arbitration agreement is
enforceable. You and we will each pay our own attomey’s fees and witness and experts’ expenses, except as otherwise required by the note, applicable law or this
Agreement. The arbitration award must be in writing. Any award must be kept confidential, The arbitrator’s decision is final and binding. You and we have a limited
right to appeal as permitted under the Federal Arbitration Act or the rules of the AAA (or the rules of any other agreed or appointed arbitration organization if such
organization conducts the arbitration). No arbitration award involving the partics will have any preclusive effect as to issues or claims in any dispute involving anyone
who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to
this Agreement.
30 Days to Resolve Claims. Before you start an arbitration, you agree to write to us at our address below (or any changed address that we have provided to you
in writing) and give us a reasonable opportunity to resolve your Claim. Your letter must tell us your name and account number, describe your Claim, including the dollar
amount of your Claim, and describe any other information you need from us. Before we start an arbitration, we must write to you at your address at the top of the note
(or any changed address that you have told us about in writing), describe our
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Claim, including the dollar amount of our Claim, and give you a reasonable opportunity to resolve the Claim. We each have 30 days from receipt of notice to resolve the
Claim before starting an arbitration.
Applicable Law. This Agreement relates to a credit transaction involving interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. § I et
seq), and only in the event and to the limited extent that the Federal Arbitration Act does not apply, the law of the state governing your note will apply.
CLASS ACTION WAIVER. OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND WE AGREE THAT
IF ARBITRATION IS ELECTED, ONLY AN ARBITRATOR MAY RESOLVE CLAIMS. YOU AGREE NOT TO BRING OR
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION IN COURT OR IN ARBITRATION
OR IN ANY OTHER CONSOLIDATED PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. ANY CLAIM BETWEEN
YOU AND US MUST BE RESOLVED ON AN INDIVIDUAL BASIS. ARBITRATION IS NOT AVAILABLE AND WILL NOT BE
CONDUCTED ON A CLASS-WIDE OR CONSOLIDATED BASIS.
Other Agreements. If any part of this Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except
that: (A) If the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, then this Agreement (except for
this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action
Waiver; and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or
elsewhere in this Agreement prohibiting the arbitrator from awarding relief on behalfof third parties are unenforceable with respect to such Claim
(and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any
individual Claims secking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive
relief until the arbitration award pertaining to individual relief has been entered in court. This Agreement will survive the termination of the note,
regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under
the note and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this
Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the note, on the other hand, this Agreement shall govern.
Except as otherwise stated in this Agreement, either you or we can compel arbitration in any court proceeding, regardless of which party filed suit.
Either you or we can enforce an arbitration award. This Agreement does not stop you from filing a complaint with a federal, state, or local regulator.
Rejection of Agreement. You may reject this Agreement by sending us a rejection notice at 8211 Town Center Drive, Nottingham, MD
21236 (and no other location) within 60 days after the date of the note. The notice must include a statement that you reject the Agreement, and
your name, address, telephone number, and account number. You must sign the rejection notice in order for it to be effective. Rejection of this
‘Agreement will not affect any other provision of the note.
If this agreement is sold or otherwise transferred, the borrower’s rights under the law or under this
agreement are in no way altered or impaired.

You received a completely filled in copy of this note before you signed it. This note (all 4 pages) and Schedules A and B (if any) is your entire
agreement with us and cannot be changed except in writing signed by us. Pages 3 and 4 contain an arbitration agreement that is part of this note.
By signing below, you agree to all of the terms of this note and you authorize us to order credit reports on you from time to time. You ask us
to make the payments listed in the Itemization of Amount Financed on page 1 and on Schedule B (if any).

Christepher Kelly TANESAA RIVERA (SEAL)
(WITNESS) (BORROWER)

(SEAL)
(WITNESS) (BORROWER)

Any individuals that sign this note as non-obligor below sign solely for the purpose of granting us a security interest in the Property and
such individuals are not obligated for the payment of any monies.

(SEAL)
(WITNESS) (NON-OBLIGOR)
(SEAL)
(WITNESS) (NON-OBLIGOR)

C The following notice applies if this box is checked: NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

The within instrument or agreement is pledged as collateral to Wells Fargo Bank, N.A.

Ne Racatre Note 3.2021 Page 4 of 4

9 of 9

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Complaint,Petition: Mariner Finance, Llc v. Tanesa A. Rivera

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Complaint,Petition: Mariner Finance, Llc v. Tanesa A. Rivera

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