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System Generated Hearing Date: 1/14/2025 9:00 AM
Location: Court Room 1101
Judge: Allegretti, ) ohn Michael
FILED
5/16/2024 1:10 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
FIRST MUNICIPAL DISTRICT CIRCUIT CLERK
COOK COUNTY, IL
Onemain Financial Group, Lle As Servicer For )
(asf) Wilmington Trust, N.a., As Issuer Loan
Trustee For Onemain Financial Issuance Trust
2022-2,
Plaintiff, 20241113084
vs. Case No.
Rafael Romero,
Defendant.
COMPLAINT
NOW COMES the Plaintiff, Onemain Financial Group, Lle As Servicer For (asf) Wilmington
Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2022-2, by and through its
undersigned attorneys, Bruckert, Behme & Long, P.C., and complaining of Defendant, Rafael Romero,
alleges as follows:
1 Plaintiff is a corporation properly licensed and doing business in the State of Illinois.
2 Defendant has a last known address of: 2753 W Chicago Ave - Apt 2, Chicago, IL 60622.
3 On or about July 28, 2023, at the specific instance and request of the Defendant, Plaintiff
and Defendant executed the loan agreement attached to the Affidavit.
4 Pursuant to the terms and conditions of the loan agreement attached to the Affidavit,
Defendant is now in default by the failure to make monthly payments as required by the loan agreement
attached to the Affidavit. There is a balance due in the amount of $12,486.68.
5 The Plaintiff has made due demand on the Defendant to pay the balance due it, but
Defendant has failed to do so without just cause.
6. The Plaintiff has performed all the conditions precedent required of it.
7 The loan agreement attached to the Affidavit provides for the payment of reasonable
attorneys’ fees and court costs.
8 The defendant either resides within this County or the loan agreement attached to the
Affidavit was entered into within this County.
Page 1 of 2
WHEREFORE, the Plaintiff, Onemain Financial Group, Llc As Servicer For (asf) Wilmington
Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2022-2, requests a judgment
against the Defendant, Rafael Romero, in the amount of $12,486.68, attorneys’ fees, costs of suit, and for
any further relief this Court deems appropriate.
BRUCKERT, BEHME & LONG, P.C.
By /s/ Duane C. Clarke
Duane C. Clarke - #65098
Chad A. Leitch - #6341805
Attorneys for Plaintiff
1002 East Wesley Drive, Suite 100
O'Fallon, IL 62269
(618) 624-4221
(618) 624-1812 fax
DCC@BBLATTORNEYS.COM
Page 2 of 2
ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR ("ASF") WILMINGTON TRUST,
N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-2
Plaintiff, 20241113084
vs.
RAFAEL ROMERO
Defendant
AFFIDAVIT
Before me, the undersigned authority, personally appeared the person identified below, who being by
me duly sworn, deposed as follows:
1 My name is Jane Butze I am of sound mind, lawful age and capable of making this
Affidavit. The statements set forth in this Affidavit are true and correct based on my personal
knowledge and review of the business records described herein.
ONEMAIN FINANCIAL GROUP, LLC
(referred to herein as "OneMain") is:
oO the owner of the delinquent debt.
H the servicer on behalf of
WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN
FINANCIAL ISSUANCE TRUST 2022-2
(“Owner”), the entity to whom the delinquent debt is owed. OneMain is authorized to
collect the debt on behalf of Owner.
I am authorized to make this Affidavit on behalf of OneMain.
My job title is Administration Specialist. I have knowledge of, and access to, account
information and records ("Business Records") concerning Defendant’s account number currently
ending in 4079, formerly ending in 4079, which is the subject of this lawsuit (the
“Account”). As a result, I am competent to testify to the matters stated herein.
OneMain’s records regarding the Account contain the name and billing address of Defendant,
the Account Number (and predecessor account numbers, if any), the Account’s history, which
may include interest and/or fees assessed, payments and/or credits received, the minimum
payment due and the total outstanding balance due on the Account, all of which are
collectively referred to as the “Account Information.”
The loan is a personal loan. A note for the personal loan was executed by Defendant in
connection with the Account. Exhibit A attached hereto and incorporated herein is a true and
correct copy of the loan note.
Exhibit A is a business record reflecting information created and maintained by OneMain,
Owner, or its affiliates, in the course of regularly conducted business activity, and it is part of
the regular practice of OneMain, Owner, or its affiliates to create and maintain such
information. Upon information and belief Exhibit A was made at the time of the act,
transaction, occurrence or event or within reasonable time thereafter.
As reflected in the Account Information, Defendant did eventually fail to make required
payments on the Account.
As a result of Defendant’s failure to make timely and proper payments on the Account,
Defendant is presently in default on the Account.
9. OneMain’s records do not reflect any outstanding disputes on the Account.
10. As of the date of this Affidavit, the Account balance of $12,486.68 is due and owing.
ll. OneMain’s records reflect that Defendant opened and/or used the Account and, therefore, to
the best of my knowledge, Defendant is neither an incompetent, nor a minor.
12. The debt reflected herein is delinquent, past due and remains due and owing.
13. I further make the oath that Defendant is not in the Armed Forces of the United States of
America to the best of my knowledge, information and belief.
I solemnly swear or affirm under the penalties of perjury and upon personal knowledge that the
contents of the foregoing paper are true
EXECUTED on May 06, 2024.
AFFIANT
Jane Butze
ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR ("ASF")
WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR
ONEMAIN FINANCIAL ISSUANCE TRUST 2022-2
STATE OF INDIANA
COUNTY OF VANDERBURGH
Sworn to (or affirmed) and subscribad before me this the 6th day of May, 2024
Whitney A. armel, Notary Public
My commission expires: wzL
GOP WHITNEY A. RODARMEL
WARRICK COUNTY
x.) COMMISSION HUMBER NPCT753608
1= MY COMMISSION EXPIRES
5 JANUARY 7, 2032
LOAN AGREEMENT AND DISCLOSURE STATEMENT OneMain Financial.
DATE 07/28/23 | ACCOUNT NUMBER ggg4c7s | TYPE OF LOAN (Alpha) £01 | DATE FINANCE CHARGE BEGINS
TO ACCRUE C7/26/23
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS We")
CNEMAIN FINANCIAL GROUE, LLC
1418 W 18TH RAFAEL RCMERO
CHICAGO, TL 60608-3004 773-822-3800 2753 W CHICAGO AVE
SND FLR
CRICAGO, IL 60622
| have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which incluce the Optional Frocucts
Disclesure Summary, Truth In Lencirg Insurance Disclcsure arc, if applicable, Personal Property Appraisal Form arc GAP Waiver
Addencum, all of which collectively constitute the “Agreement.” This Loan Acreement and Disclosure Statement is divided into four sections:
A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C, Arbitration Agreement And Waiver Of Jury Trial and D. Entire
reement/Notices/Signature. If | Fad ary questions, | asked them before | signed these documents. By signing, | irdicate my agreerrert
to the statements, promises, terms, and conditions containec in tre Agreement.
A. TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS:
PERCENTAGE RATE The collar amount the crecit will The arrcunt cf credit previcec to mre The arrcunt | will have paic after | have
The cest cf rry crecit as a yearly rate. cost me. cor on my behal mace all payments es scheculed.
35.99% $ 6684.13 $ 10303.91 $ 16988.04
My Paytrent Schedule will be Number of Payers mount of Payments ‘When Payrrents Are Due
3 $ 471.89 Monthly beginning 08/26/23
LATE CHARGE: [x] If eny payment is not paidin full within _10. daye afer its due date, [wil be cherced 5,00 % of the entire arrcunt of the payment,
ut not rrere then $N/A_cr less than $N/A_
Ifany payment is net pk in full within _ days after its due date, | willbe charged §,
o if the entire sduled payment éxceeds
or§, if the entire schediled paymentis $ or less.
PREPAYWENT: If! pay offearly: (] I may Ei will not have to pay a penalty cfale fs princi lance,
Imay EZ) Iwill net get 2 refu 7 credit of part of the finance rce fo prepay in fy Lal
receive 2 refilnd or crecit fora ial preveyrrel
SECURITY: lam giv Lender @ security inter TF FE] Unsecured Meter Vighicles TD Other Coeteral
Year MaKe Mok \_ViNSerial N¢.
See phe remainder cf lfcr any ackitionel information abut nronpa ret eeu PHeRIEE evaent in full before the s iuled Hate, and
preggyment refuncs anc ‘crs, if
t
\ ITEMIZATION OF ANOUNT\FINANCED {4
“Ambunts paid te others on mry ber Nir
NONE Paid To
NONE Paid
ONE Paid
NE Paid To
$Not Paid To
$NCNE Paid To
ONE Paid To
$No Paid To
NONE Paid To
10. $NONE Paid To
4 Paid To
12. Paid To
13. Paid Tc
14. Paid To
16. Paid To
16. Paid To
17. Paid To
18. Paid To
19. Paid To
20. Paid To
21 4303.91 Paid To Amt Paid cn Pricr Account with Lender 4079
Paid Te
23. Paid To
24. Paid To
26. g 4303.91 Total Paid on Frior Account(s) with Lender
Amounts Paid to me
€ 6000.00 Paid To RAFAEL ROMERO
27. Paid To
28. g Paid Te
28. $ Paid To
20. $ Paid To
31 Paid To
¢ 10303.¢1 Arrount Financed (Sum of lines 1 - 24, 2€ - 31)
NONE Prepaic Finarce Charges (itemized below)
PREPAID FINANCE CHARGES
$NONE Paid To
$NONE Paid To
$NONE Paid To
NONE Paid To
NONE Paid To
$NONE Paid To
NONE Paid To
$NONE Paid To
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below, | acknowlecge receipt cf 2 copy cf this Feceral Disclosure Staterrent.
in lene
a aS mae aa 20 N/A
Borrower Co-Berrower
NN SEE ADDITIONAL PAGES Ft ‘OR IMPORTANT INFORMATION
Pace 1
Exhibit A
B. LOAN TERMS AND CONDITIONS
DATE OF LOAN. ¢7/28/23 (the date the Finance Charge is scheduled to begin te accrue).
CONTRACT RATE. 5.99 % per year, which is the agreed interest rate.
PROMISE TO PAY, Fer value received. | promise to pay to the order of the Lercer all amcurts due under this Agreerrert in acccrdance
with the Payment Schecule set forth in the TRUTF IN LENDING DISCLOSLRES, anc with all other terms of this Agreement, at Lender's
address set forth in this Agreement, unless otherwise notified, until paic in full.
SECURITY INTEREST. Tc secure all amcurts due or which become cue under this Agreement and my performance of all cther terms of
this Agreement. I hereby grant Lender a security interest under the Lniform Commercial Code or other applicable law in (a) the property
identified in the "Security" disclosure of tte TRLTH IN LENDING DISCLCSLRES, inclucirg a purchase rroney security interest if property is
being purchased with the proceeds hereof, (b) any substitutions or replacements cf that property; arc (c) the proceeds and procucts of that
property ((a), (b), and (c) ccllectively referred to as the "Ccllateral’), | also Fereby grart Lercer a security interest in any urearned premitrs
from any credit insurance | have elected and purchased through Lender in connection with this transaction and any Requited Insurance
which protects the Collateral. Lerder's security interest shall remain in effect, and subject to ary mocificaticns, renewals, extensions, arc
future advances therecf, until | have paic in full all amcurts due Under this Agreerrert. Notwitrstanding any cther provision of this
Agreement, Lencer is not granted, and will not Fave. a non-purchase money security interest in houseFold goods, to the extent such a
security interest would be prohibited by applicable law. | authorize Lender to sign and file financing staterrents covering the Collateral
without rry sigrature, | authorize Lender tc file a copy of this Agreement as a finarcirg statement wher appropriate, Urless prchibited by
law | agree tc pay the recording costs cf your filing a firancing statement, cortiruaticn statement and for releasing the security irterest upon
my payment in full
JOINT BORROWERS. If mere tran one Borrcwer is named abcve, all Borrcwers agree thet we are jcintly and severally liable arc that
Lercermay enforce this Agreement agairst all or ary of us, but nct ir'@ combined arrount exceeding tre amotrt due.
Each of us under this Agreement, if rrore then one, agrees that Lercer may obtain approval from one Borrower to change the repayrrert
terrrs and release ary Collateral securing tre Icar, cr add parties tc or release parties from this agreemert, without notice to any other
Borrower and withctt releasing any other Borrower from Fis resporsibilities. Except as otherwise reqvired by law, Lender does not Fave to
rotify Borrower before instituting suit against ancther Borrower if the note is not paid, arc Lender can ste any cr all Borrewers upor the
default by any Borrower.
CO-MAKERS (also referred to as CO-SIGNER(S)). If | am signing this Agreement 2s 2 Co-Maker, | Understand that | g eouafly
respensible with the Borrower(s). Tagree that Lender may pursue me or any Co-Maker if this Agreemegl rs{aul Urless # quired/oy
law, Lender will not rotify me if (a) tris lean is in default; (b) Lender agrees to accept paymext terms; ) Lender rélease: fry
security interest; or (d) Lender releases any Borrower(s) or Cc-Maker(s).
AUTHORIZATION TO USE CREDIT REPORT. 8) signing thie Asreclvent | eutherize Lercer tO\ootain eview al ugé irforphation
contaired ir my credit report ir order to de Tine | may cuelit forof predsts arc gervices rketed bs Lercey This
authorization termirates when my outst; Ging talerce due und this Agi emert if paid in full may cancel such Bytherizatior at y time
Sy writin OneMain, PO. Box Ss arlotte, NO\28272-9911 Ih order to process my recuest, Leer must b: provided
my 6 account lumber.
URANG! As yed in tris Agrex rent, tha term frecit cance" includ crecit life insurance, creci{ disability
insuran, 7 cred By unenisloymi insurance, and q edit prt perty\ insurance. An affilis of the Lender may qrovice \he credit
insur@fce trat | volun ‘select. |I acknowledge that Lender alte/or its\affiliales may pro my purchase of voluntary drexit in rance,
REQUIRED INSURANCE. | am required to maintain insurahce in types, jounts, ters and deductible levels acceptable td Lender
(Retuired Insurance’). Tre Reqljired Ir: durance rrust keep the Coll feral infsured Agairst hazards for wrich Lerder realires ingurance
Suc!} coverage includes, but is nol\limitec Yo, loss ky theft, ndalisr collisipn, fire, and any other risks of loss that wot @t impair
Lend rs interest in the Collateral dy acvers\ affect the al ie of the Collatd e the option of provicing the Required Insurance
through an existirg polfey seurank ewned'ex controll by re, pr thrcugh a poli) obtained arc paid for ky me. | may purchase this
Reauited Irsurance thybugh arly insure irsuranca GENt, or broket cf my cheil s acceptable to Lender. Lender may net decline to
accept Sry insurarc brovided by re U ss it is for reasona) cause. Examples of reasonable catse include, ott are net limited to, the
rancial saditio the insrer and the am ator tya overage chosen. My choice of insurer will nct otherwise affect Lerder's credit
exision or my credit terms: The types, amounts, and deductible levels that Lender requires under tris Agreement may change during the
terns the Agreerer} Recuired Insurarce must (2) include a lender's less payable provision; (b) name Lender, its successors and/or
assigns, Bses: eayée; (Cc) provide that such insurance will not be cancelec or rrocified without at least fifteen (15) days prior written notice
to tre loss payee; and (d) not incluce any disclaimer of the insurers liability for failure to give such notice. | shall promptly give to Lender
satisfactory proof (in Lender's reasonable estimation) of all Recuirec Insurance and all receipts of paic premiums and renewal notices.
| agree to keep my Reauired Insurarce in force until all amourts that | owe Lender urcer this Agreement or the security irstrurrert are paic
in full, my account is terminated, and Lender releases cr discharges it: curity interest. Ir case cf darrage to or less of the Collateral, |
agree to give prompt rotice to Lender ard the irsurance carrier. If | fail to prometly notify or make proof of loss to the insurance carrier.
Lercer may (but is net required to) do so or my behalf,
If | do not keep Recuirec insurance uncer this Agreement in force at all tines Lender may, but is not required to, in Lencer's sole ciscretion,
and at my expense. obtain insurance coverage to protect Lenders interest in the Collateral. | understanc anc agree that
A Lender is urcer no obligation to cbtain ary particular type cr ameurt of coverage.
B. Lender-obtained insurance may, Lut need not, protect my interests.
c. Lerder-cbtained insurarce may, but reed net, pay ary claim | make.
D. the cost cf Lender-obtained irsurance may be much more thar the cost of insurance | could Fave obtained cn my own.
E. any amounts cisbursed by Lender under this Section to obtain insurance shall become adaitional cebt of mine under this Agreerrent,
secured by this Agreement or the Security Instrument. This additional debt will be payable Lpon rotice from Lender tc me requesting
payment.
| am hereby authorizing Lenderto release to, or obtain from, third parties any information necessary to monitorthe status of Recuirec
Insurance.
Lender-obtained insurance may be purchased from an affiliate of Lender.
Lender, or its affiliate, may earn a profit by cbtainirg tris irsurance, tc the extert permitted by applicable law.
Lender may, at any time and at its sole option, cancel Lender-obtained insurance.
Lender Fas a security irterest ir any Learned premiums from such insurance;
4. lam hereby absolutely assigning to Lender any rights | may have to uneamed Lender-obtained insurance premiums; and
2. | am hereby authorizing and appointing Lender to be my attomey-in-fact for the purpose of cancelling the Lender-obtained
insurarce ard applying the ureared prerriums tc reduce the account balerce upon cancellation of said insurance.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, | hereby absolutely assign to
Lender my rights fo any Required Insurance proceeds, and any uneared Required Insurance or credit insurance prerrium refunds, and any
other rights urcer policies covering the Collateral up to, but not in excess cf the Total Balance due under this Acreerrert cr sectrity
instrument. | agree that Lender may use any irsurance proceeds, and ary unearned Required Insurance or credit irsurance premium
refunds, to reduce the amounts that | owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to
adjust my losses and sicn my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance
proceeds cr unearred premium refurcs paid to Lender do rot satisfy all amcurts that | owe Lender urcer this Agreement cr the security
instrument, | remain responsible for payment of the balance of any amounts due uncer this Agreement and the security instrument.
CORRECTION; RELEASE. Durirg tre term of tris Agreement, | agree to cooperate with Lender to: (a) ccrrect any clerical errors that were
made in ccnrection with car documents: (b) obtain the correct amounts due te others; and (c) release, or cause to be released, all liers
Upon paymert in fll
ADDITIONAL PAGES FOR IMPORTANT INFORMATION
AIM 0 00 1 Page 2
Initials __N/A N/A
(Initials required fer physical form)
CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitmentte make this loan if Lender
reascnably believes thet: (2) trere are material omissicrs or misrepresertaticrs in ccnrection with my credit applicaticn; (b) there is @
material, adverse charge ir my creditworthiness; (c) there are additicral liens on the right, title, or interest of ary Collateral to be Used for
this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to ke usec for this Ioan has or will occur that is not agreed to
by Lencer.
SEVERABILITY. Other than the class action waiver describec in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER:
OF JURY TRIAL, the fact that any provisicr of this Agreemert may prove invalid or unenforceable urcer any law, rule, or regulatior of ary
federal, state, cr local court or governmental entity shall rot affect the validity cr erferceability of the rerrairing provisions of this Agreement.
NO ASSUMPTION, Tris Agreement shall nt be eligible for essurrption by ary third party withcut the express written cor'sent of Lender.
DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, Lender may consider you to be in default of this
Agreement if any one or mere of the following occurs
A | fail tc make eny payment, ircluding, but net limited to the Total Arrount Due, under this Agreement within 20 cays of the payment
due date.
B. | fail to do arything else | Fave agreed te cc in this Agreement.
Cc. Ary statement or representation | made in my crecit application is untrue or irccrrect.
| fail tc provide Lender with proof of residence cr Required Insurarce withir ten (10) business days after Lender's writter request fer
this information.
I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or involuntary
bankruptcy proceeding,
Any judgment, levy. attachment. writ of garnistrrert, or other sirrilar order is entered against me cr the Collateral
G. Ary police or goverrmertel agency seizes or impcurds the Collateral or starts forfeiture proceedings agairst the Collateral
BK. | sell, lease or otherwise encumber or dispose of tre Collateral without Lender's writter permissicr.
(For Kansas residents only: Lender believes the foregoing events &. thrcuch J. would significant va e prospect of paym It,
performarce, or realization cf collateral. The burcen of establishing the prospect of sucl impai ent
is oF the Lender,
GENERAL REMEDIES. If | am in default of this Agreement, Lender ha! - Stibject tc any requiremays cf ndtjce or ridet to ofire or miler
provisions, all of tre rerrecies permitted by la ard Agreement, includ\rg:
Lender may require me to pay (Ger immediately, bject to ar rebates reouirec B) law, the revainihg unpaid’ balange of the
Amount inarced, finance ch: es, ard all other agreed cherges. hese amounts will adcrue interest from th date | am réquired te
vay Lender a ke Contract Rte or les rate as Pequired by\epolicable law. \until paid i I.
Lender ray pay (es, as srrert or other liens, Oy rake pairs \o tre Co if | have not done so, but Lener is nbt required
pcn pa ent Hy Lerofr, these amourts ill be d\e immediately arc will acc; finance charges at ¢ Corlract Rate
rom the day til rep ir fl to Lender.
Lender may reouire me to| make ¢ Collateral available to Lercer at a plade Lender designates that is reasonal\ly conver rient tc
Lender and rre.
Lender may immediately imlnobilize\ cisable, or take possession of the Collater by legal process or self help, but in boi eso Lender
may not breach the peace or\unlawtu) enter onto rry premised Lencel may t n sell the Collateral and apply wrat Lender receives,
as provided by IBV e-Lender’ actual axd reascrabié expen: fs before al cther kmourts due hereunder.
Except when pyphibited]by law, am resporeiulé for any d Ciency if thee scs from the sale of tre Ccllateral do rot cover wrat |
dwe Lender, id Lendgr may sue for trose accitior ‘amounts.
Len 1 right /out not the obli, cariGél or request termination of any voluntary crecit insurance in the event of cefault
and | hereby a Lender as my attorne) fact to cancel any such insurance in the event of default, subject to any applicable
strictions T state law. Return of any unearned premium as a result cf such request for termination cr cancellation will be
credited fo my loan account.
G Lender may accept late payments or partial payments even though marked "Fayment in Full” (or similar language) without losing any
of its rights under this Agreement, to the extent permitted by law.
By choosing any one cr more of these remedies, Lender does rot waive its right later to elect anctrer remmecy. By deciding ret to use ery
remedy, Lerder dces net give ug its right to corsicer it an event cf default if it Fappens again. Lender's rights hereurder are cumclative, not
exclusive.
| agree that, if any notice is required to be giver tc me cf an intended sale or transfer of the Collateral, notice is reasonable if rrailed to my
last kncwn aderess, as reflected in Lender's records, at least ter (1C) days before the date of the intended sale or transfer, cr suck ther
period of tirre as is recuired by law.
| agree that, subject to my right to recover such property, Lender rray take possession of personal property left in or on the Collateral taken
into possession as provided above.
DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them.
NOTICES. If required by law, Lender will provide me with nctice under this Agreerrert which, if mailed, shall ke sent to my last known
address as reflected in Lender's records, including, out not limitec to, notices of default, right to cure, anc purchase of Required Insurance.
Unless law provides cthenwise, Lender may provide me with any notices under this Agreement electrorically to the email address 2s
reflected ir the Lender's recerds.
WAIVER. Lrless law cr this Agreerrert provide otrerwise, | hereby waive presentment, rotice and protest, and all other cerrands ard
Totices ir cornectior with the delivery, acceptance, performerce, default cr erccrserrert of this Agreerrert and all suretystip cefenses
gererallytc the extert permitted by applicable law.
SAVINGS CLAUSE. All acreerrents between rre and Lerder are expressly lirrited so that any interest, finance crarges, Icar charges, or
ther fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest
amount allowed by applicable law. If 2 law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges. or ather fees collectec, or to be collected. in connection with this loan exceec the permitted limits, then: (a) any such
interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit, anc (b) any sums already collected from me
that exceeded permitted limits will be refurcec. Lercer may ckocse to make this refund by recucing the remaining unpaid balance trat |
owe under this Agreerrert or making a direct payment tc me. To the extert perrrittec by law. rry acceptarce of ary such refund shall
constitute @ waiver cf any right of action | might have rising out of such overcharge.
The following retice applies if the proceeds of this loan will be applied in whole or substartial part tc @ purchase of gocds or services from
a seller who either refers consumers to the Lender or who is affiliatec with the Lender by common control, contract, or business
arrangement: 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.
‘SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials N/A N/A
erent Page 3 (Initials required fer physical forrr)
Acccurt Number Ii 4079
INTEREST BEARING LOAN. If checked, | agree to payte the order of Lender, Principal, plus irterest ("finance charges") on the daily
unpaid Principal balance computed at the Ccntract Rate, in the amcurts ard on cr before the dates set forth in the Payrrert Schedule
in the TRUTH IN LENDING CISCLOSURES or page 1 hereof, plus all other fees charges, ard other arrounts die under this
Agreerrert, at Lender's address set forth in this Agreement, unless ctherwise rotified, until paid in full. All paymerts will be
applied in the following order: (2) other charges provided fcr in this Agreement cr otherwise allowed by law, arc late charges; (b)
interest accrued te the date the payment is received and applied by Lender, and (c) if there is ery remainder of the payment, the unpaid
Principal balance. Interest on my loan accrues daily on the urpaic Frincipal balance. If | pay early, more of my payrrert will be
applied to the Unpaid Prircipal balance If | pay late or miss payments, mre of my payment will be applied to interest. This will celay
rry Principal reduction ard cost me more in interest. Tre Payment Schedule assumes thet | will rrake each payment on the day it is
cue; therefore, my final payment will be adjusted as appropriate tc reflect ery variaticn in the actual dates my payments are receivec
by Lender. If ary unpaic mounts remain due tc Lender after my firal scheduled payrrert due date, | agree to pay interest or these
unpaid amounts, computed at the Contract Rate, until paid in full. Principal is the total of the Amount Finances, plus any Prepaic
Finance Charges that I have financed.
PRECOMPUTED LOAN. If checkec, | agree to pay the Total of Payrrerts in the amounts and on the cates showr in the Payrrert
‘Schedvle in the TRUTH IN LENDING DISCLOSLRES on page 1 hereof, plus all other fees, charges, and other amounts due Under this
Agreerrert, at Lender's address set forth in this Agreement, unless otherwise netified, until paid in full. All payments will be applied in
the follewirg order: (@) ether charges provided for in this Agreement or ctherwise allowed by law, and late charges; and (b) the Total
of Fayments amount. Lriless | pay the fl amount due within fifteen (15) days after my final scheduled payrrert dLe date, | agree to
pay finance charges or these unpaid amounts, comptted at the Contract Rate, until paid in full
PREPAYMENT. I may prepay all cr any part of rry loar at any tire. The Prepaid Firance Charges are deemed by the patties to be fully
zatnec or the Date of Loan and are not refundable, tc the extert permitted by applicable law,
if my loan is a Precomputed Loan. and | prepay my loan in full, the arrount | owe will ke reduced by any unearned finance charges,
computes by (a) if the term cf this Agreement is sixty-one (61) months or less, the RUle of 78s rrethcd (see explaneticr below) cr (b) if the
term of this Agreement is more than sixty-one (61) morths, the actuarial rrethcd. Notwithstanding the prior senterce, if the Precompute
Loan is a “title-secured loan” as defined ir Title 28, Section 11C.3CO of tre Illincis Administrative Code and | prepay my Icar ij
arrount | owe will be reduced by any reamed firance crarges, compulted by the actuarial methoc
The fcllowing is an explaration of the Rule of 78s refund methed:
PREPAYMENT -- "RULE OF 78T-S"
‘Sum of balat
Uneamed Charge = Origii rarge” X of balankes dudevery month of coi
inance Charg ‘excludit es added fora fitst payrhent pericd mere than cne mertt cr credit
insurances harges.
ple: 1 mortify paynferts of $10 (bala\ce is $\20 filst morth, $110 secen; fronth, and sc on),\$2C
Finadge ce. If ve paytfpents are prepaid in l , un mec inance Char
$20
&0+40+20+20+10 = $3.65
120+110+100+9C-48C+70¥60+50440+3C420+10
DEFRRMENT CHARGE. If my lo: is a Precorrputed Le
, instes of a late crare Lender may defer the due dates of all remaining
payments and agree tB P p cefe! rent cra? fy Sect 1 of the \ilinois Consumer Irstallrrert Loan Act.
allo
CONVE SION. If myfloan is Precombfed Lear arc two (2) frore of my payrrerts are partially or entirely ir default one (1) full month
more fler any ué date, érder may oo ry lear interest Bearing Loan by cecucting from tre unpaid balance the same refurc
OKuneamed ice charg that | would have received if | rad paid in full one day prior to the due date of the mast recent payment in
deft and, thereafter, ¢ to pay finance charges on the unpaic amount at the Contract Rate until paid in full.
LATE CHAR Tagree to pay ary late charge described in the TRUTH IN LENDING DISCLOSURES herein.
DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returred urpeid for any reason, | agree to pay a
dishonored check charge of $25. 00 plus eny actual expenses incurred ky Lercer.
DEFAULT COSTS. In the event of default, | agree to pay Lender's (a) court costs, (b) reasonable attomey's fees notto exceed 15% of the
amount cue, and (c) costs to realize on any security interest, each if anc to tre extent permitted by applicable law.
DISCLOSURE OF 36% RATE CAP
A lender shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of tre amount
financed fora loan. as calculated uncer the Illinois Precatory Loan Prevention Act (PLPA APR).
Any Ican with @ PLPA APR over 36% is nll and void, such that ro persor or ertity shall have any rigtt to collect, attempt to collect,
receive, or retair any principal. fee, irterest, or charges related to tre loan.
The annual percentage rate disclosed in any loan contract may be lower than the FLPA APR.
Beerermse N/A
Borrower Signature Co-Borrower Signature ar Appiicabie
REQUIRED PROPERTY INSURANCE NOTICE. Unless I provide Lender with evidence of Required Insurance coverage required
by this Agreement, Lender may purchase the Required Insurance at my expense to protect Lender's interests in the Collateral.
This Required Insurance may, but need not, protect my interests. The coverage that Lender purchases may not pay any claim
that I make or any claim that is made against me in connection with the Collateral. I may later cancel any Required Insurance
purchased by Lender, but only after providing Lender with evidence that | have obtained Required Insurance as required by this
Agreement. If Lender purchases Required Insurance for the Collateral, | will be responsible for the costs of that Required
Insurance, including finance charges and any other charges Lender may impose in connection with the placement of the
Required Insurance. The costs of the Required Insurance may be added to my total outstanding balance or obligation. The cost
of the Required Insurance purchased by Lender may be more than the cost of Required Insurance | may be able to obtain on my
own.
GOVERNING LAW, This Agreement shall be govemed by the laws of the State of Illinois and Feceral law.
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including
promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding
or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and
exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials __N/A N/A
Page 4 (hitials required fer physical form)
C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
hs
DESCRIPTION OF ARBITRATION. Arbitraticr is a method of resolvirg clairrs and dis; Utes between parties thatis more informal than a
lawsuit in court. In arbitration, both sides present their case to a neutral third perscr—t arbitrator—instead cf a judge or j Artitration
allows fcr more limited discovery than in ccurt, ard ar arbitratcr’s rulirgs are subject tc limited review by courts. Arbitration tke place on
an individual basis; class prcceedirgs are not permitted. UNDER THIS ARBITRATION AGREEMENT, BOTH LENDER AND | ARE
VOLUNTARILY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE
FULLEST EXTENT PERMITTED BY LAW.
1. CLAIMS AND DISPUTES COVERED. Except as specified in this Arbitration Agreement, Lender and | agree that either party may elect
arbitration of any Covered Claim. The term “Covered Claim’ is intended to be broadly interpreted and includes tre following claims or
disputes, whether basec in contract, tort, statute, equity, or ary otrer legal theory
. claims arising cut of cr relating to any aspect of the relationship betweer Lender and me, including, but not limited te, this
Agreerrert of loan: any previots retail credit agreemert (‘Retail Contract’) assigned to Lender; cr'ary previous Icer from or assigned
ender,
claims arisin cout of or relating to any documents, disclosu! res, acvertisin, , or actions or orissions, inclucing any allegation of fraud or
misrepresent ifation, relating to this cr any previous loan or Relail Contra made by or assigned to Lender ér to any other of Lender's
products or services;
claims arising out of cr relatirg to negctiaticrs, perforrrance, cr breach of this or any previcts Icar cr Retail Cortract mace by or
assignec to Lender,
claims arising out cf cr relating to the closing, servicirg, ccllectirg, or erferceability of any transacticn invelving Lender or me;
claims arising out of or relatirg te any insurance procuct, service contract, membership plan, cr warrarty purchased in connection with
this or ary previous loan or Retail Contract made ky or assigned to Lercer,
Preview
System Generated Hearing Date: 1/14/2025 9:00 AM Location: Court Room 1101 Judge: Allegretti, ) ohn Michael FILED 5/16/2024 1:10 PM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ FIRST MUNICIPAL DISTRICT CIRCUIT CLERK COOK COUNTY, IL Onemain Financial Group, Lle As Servicer For ) (asf) Wilmington Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2022-2, Plaintiff, 20241113084 vs. Case No. Rafael Romero, Defendant. COMPLAINT NOW COMES the Plaintiff, Onemain Financial Group, Lle As Servicer For (asf) Wilmington Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2022-2, by and through its undersigned attorneys, Bruckert, Behme & Long, P.C., and complaining of Defendant, Rafael Romero, alleges as follows: 1 Plaintiff is a corporation properly licensed and doing business in the State of Illinois. 2 Defendant has a last known address of: 2753 W Chicago Ave - Apt 2, Chicago, IL 60622. 3 On or about July 28, 2023, at the specific instance and request of the Defendant, Plaintiff and Defendant executed the loan agreement attached to the Affidavit. 4 Pursuant to the terms and conditions of the loan agreement attached to the Affidavit, Defendant is now in default by the failure to make monthly payments as required by the loan agreement attached to the Affidavit. There is a balance due in the amount of $12,486.68. 5 The Plaintiff has made due demand on the Defendant to pay the balance due it, but Defendant has failed to do so without just cause. 6. The Plaintiff has performed all the conditions precedent required of it. 7 The loan agreement attached to the Affidavit provides for the payment of reasonable attorneys’ fees and court costs. 8 The defendant either resides within this County or the loan agreement attached to the Affidavit was entered into within this County. Page 1 of 2 WHEREFORE, the Plaintiff, Onemain Financial Group, Llc As Servicer For (asf) Wilmington Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2022-2, requests a judgment against the Defendant, Rafael Romero, in the amount of $12,486.68, attorneys’ fees, costs of suit, and for any further relief this Court deems appropriate. BRUCKERT, BEHME & LONG, P.C. By /s/ Duane C. Clarke Duane C. Clarke - #65098 Chad A. Leitch - #6341805 Attorneys for Plaintiff 1002 East Wesley Drive, Suite 100 O'Fallon, IL 62269 (618) 624-4221 (618) 624-1812 fax DCC@BBLATTORNEYS.COM Page 2 of 2 ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR ("ASF") WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-2 Plaintiff, 20241113084 vs. RAFAEL ROMERO Defendant AFFIDAVIT Before me, the undersigned authority, personally appeared the person identified below, who being by me duly sworn, deposed as follows: 1 My name is Jane Butze I am of sound mind, lawful age and capable of making this Affidavit. The statements set forth in this Affidavit are true and correct based on my personal knowledge and review of the business records described herein. ONEMAIN FINANCIAL GROUP, LLC (referred to herein as "OneMain") is: oO the owner of the delinquent debt. H the servicer on behalf of WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-2 (“Owner”), the entity to whom the delinquent debt is owed. OneMain is authorized to collect the debt on behalf of Owner. I am authorized to make this Affidavit on behalf of OneMain. My job title is Administration Specialist. I have knowledge of, and access to, account information and records ("Business Records") concerning Defendant’s account number currently ending in 4079, formerly ending in 4079, which is the subject of this lawsuit (the “Account”). As a result, I am competent to testify to the matters stated herein. OneMain’s records regarding the Account contain the name and billing address of Defendant, the Account Number (and predecessor account numbers, if any), the Account’s history, which may include interest and/or fees assessed, payments and/or credits received, the minimum payment due and the total outstanding balance due on the Account, all of which are collectively referred to as the “Account Information.” The loan is a personal loan. A note for the personal loan was executed by Defendant in connection with the Account. Exhibit A attached hereto and incorporated herein is a true and correct copy of the loan note. Exhibit A is a business record reflecting information created and maintained by OneMain, Owner, or its affiliates, in the course of regularly conducted business activity, and it is part of the regular practice of OneMain, Owner, or its affiliates to create and maintain such information. Upon information and belief Exhibit A was made at the time of the act, transaction, occurrence or event or within reasonable time thereafter. As reflected in the Account Information, Defendant did eventually fail to make required payments on the Account. As a result of Defendant’s failure to make timely and proper payments on the Account, Defendant is presently in default on the Account. 9. OneMain’s records do not reflect any outstanding disputes on the Account. 10. As of the date of this Affidavit, the Account balance of $12,486.68 is due and owing. ll. OneMain’s records reflect that Defendant opened and/or used the Account and, therefore, to the best of my knowledge, Defendant is neither an incompetent, nor a minor. 12. The debt reflected herein is delinquent, past due and remains due and owing. 13. I further make the oath that Defendant is not in the Armed Forces of the United States of America to the best of my knowledge, information and belief. I solemnly swear or affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true EXECUTED on May 06, 2024. AFFIANT Jane Butze ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR ("ASF") WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2022-2 STATE OF INDIANA COUNTY OF VANDERBURGH Sworn to (or affirmed) and subscribad before me this the 6th day of May, 2024 Whitney A. armel, Notary Public My commission expires: wzL GOP WHITNEY A. RODARMEL WARRICK COUNTY x.) COMMISSION HUMBER NPCT753608 1= MY COMMISSION EXPIRES 5 JANUARY 7, 2032 LOAN AGREEMENT AND DISCLOSURE STATEMENT OneMain Financial. DATE 07/28/23 | ACCOUNT NUMBER ggg4c7s | TYPE OF LOAN (Alpha) £01 | DATE FINANCE CHARGE BEGINS TO ACCRUE C7/26/23 LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS We") CNEMAIN FINANCIAL GROUE, LLC 1418 W 18TH RAFAEL RCMERO CHICAGO, TL 60608-3004 773-822-3800 2753 W CHICAGO AVE SND FLR CRICAGO, IL 60622 | have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which incluce the Optional Frocucts Disclesure Summary, Truth In Lencirg Insurance Disclcsure arc, if applicable, Personal Property Appraisal Form arc GAP Waiver Addencum, all of which collectively constitute the “Agreement.” This Loan Acreement and Disclosure Statement is divided into four sections: A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C, Arbitration Agreement And Waiver Of Jury Trial and D. Entire reement/Notices/Signature. If | Fad ary questions, | asked them before | signed these documents. By signing, | irdicate my agreerrert to the statements, promises, terms, and conditions containec in tre Agreement. A. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS: PERCENTAGE RATE The collar amount the crecit will The arrcunt cf credit previcec to mre The arrcunt | will have paic after | have The cest cf rry crecit as a yearly rate. cost me. cor on my behal mace all payments es scheculed. 35.99% $ 6684.13 $ 10303.91 $ 16988.04 My Paytrent Schedule will be Number of Payers mount of Payments ‘When Payrrents Are Due 3 $ 471.89 Monthly beginning 08/26/23 LATE CHARGE: [x] If eny payment is not paidin full within _10. daye afer its due date, [wil be cherced 5,00 % of the entire arrcunt of the payment, ut not rrere then $N/A_cr less than $N/A_ Ifany payment is net pk in full within _ days after its due date, | willbe charged §, o if the entire sduled payment éxceeds or§, if the entire schediled paymentis $ or less. PREPAYWENT: If! pay offearly: (] I may Ei will not have to pay a penalty cfale fs princi lance, Imay EZ) Iwill net get 2 refu 7 credit of part of the finance rce fo prepay in fy Lal receive 2 refilnd or crecit fora ial preveyrrel SECURITY: lam giv Lender @ security inter TF FE] Unsecured Meter Vighicles TD Other Coeteral Year MaKe Mok \_ViNSerial N¢. See phe remainder cf lfcr any ackitionel information abut nronpa ret eeu PHeRIEE evaent in full before the s iuled Hate, and preggyment refuncs anc ‘crs, if t \ ITEMIZATION OF ANOUNT\FINANCED {4 “Ambunts paid te others on mry ber Nir NONE Paid To NONE Paid ONE Paid NE Paid To $Not Paid To $NCNE Paid To ONE Paid To $No Paid To NONE Paid To 10. $NONE Paid To 4 Paid To 12. Paid To 13. Paid Tc 14. Paid To 16. Paid To 16. Paid To 17. Paid To 18. Paid To 19. Paid To 20. Paid To 21 4303.91 Paid To Amt Paid cn Pricr Account with Lender 4079 Paid Te 23. Paid To 24. Paid To 26. g 4303.91 Total Paid on Frior Account(s) with Lender Amounts Paid to me € 6000.00 Paid To RAFAEL ROMERO 27. Paid To 28. g Paid Te 28. $ Paid To 20. $ Paid To 31 Paid To ¢ 10303.¢1 Arrount Financed (Sum of lines 1 - 24, 2€ - 31) NONE Prepaic Finarce Charges (itemized below) PREPAID FINANCE CHARGES $NONE Paid To $NONE Paid To $NONE Paid To NONE Paid To NONE Paid To $NONE Paid To NONE Paid To $NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. By signing below, | acknowlecge receipt cf 2 copy cf this Feceral Disclosure Staterrent. in lene a aS mae aa 20 N/A Borrower Co-Berrower NN SEE ADDITIONAL PAGES Ft ‘OR IMPORTANT INFORMATION Pace 1 Exhibit A B. LOAN TERMS AND CONDITIONS DATE OF LOAN. ¢7/28/23 (the date the Finance Charge is scheduled to begin te accrue). CONTRACT RATE. 5.99 % per year, which is the agreed interest rate. PROMISE TO PAY, Fer value received. | promise to pay to the order of the Lercer all amcurts due under this Agreerrert in acccrdance with the Payment Schecule set forth in the TRUTF IN LENDING DISCLOSLRES, anc with all other terms of this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paic in full. SECURITY INTEREST. Tc secure all amcurts due or which become cue under this Agreement and my performance of all cther terms of this Agreement. I hereby grant Lender a security interest under the Lniform Commercial Code or other applicable law in (a) the property identified in the "Security" disclosure of tte TRLTH IN LENDING DISCLCSLRES, inclucirg a purchase rroney security interest if property is being purchased with the proceeds hereof, (b) any substitutions or replacements cf that property; arc (c) the proceeds and procucts of that property ((a), (b), and (c) ccllectively referred to as the "Ccllateral’), | also Fereby grart Lercer a security interest in any urearned premitrs from any credit insurance | have elected and purchased through Lender in connection with this transaction and any Requited Insurance which protects the Collateral. Lerder's security interest shall remain in effect, and subject to ary mocificaticns, renewals, extensions, arc future advances therecf, until | have paic in full all amcurts due Under this Agreerrert. Notwitrstanding any cther provision of this Agreement, Lencer is not granted, and will not Fave. a non-purchase money security interest in houseFold goods, to the extent such a security interest would be prohibited by applicable law. | authorize Lender to sign and file financing staterrents covering the Collateral without rry sigrature, | authorize Lender tc file a copy of this Agreement as a finarcirg statement wher appropriate, Urless prchibited by law | agree tc pay the recording costs cf your filing a firancing statement, cortiruaticn statement and for releasing the security irterest upon my payment in full JOINT BORROWERS. If mere tran one Borrcwer is named abcve, all Borrcwers agree thet we are jcintly and severally liable arc that Lercermay enforce this Agreement agairst all or ary of us, but nct ir'@ combined arrount exceeding tre amotrt due. Each of us under this Agreement, if rrore then one, agrees that Lercer may obtain approval from one Borrower to change the repayrrert terrrs and release ary Collateral securing tre Icar, cr add parties tc or release parties from this agreemert, without notice to any other Borrower and withctt releasing any other Borrower from Fis resporsibilities. Except as otherwise reqvired by law, Lender does not Fave to rotify Borrower before instituting suit against ancther Borrower if the note is not paid, arc Lender can ste any cr all Borrewers upor the default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If | am signing this Agreement 2s 2 Co-Maker, | Understand that | g eouafly respensible with the Borrower(s). Tagree that Lender may pursue me or any Co-Maker if this Agreemegl rs{aul Urless # quired/oy law, Lender will not rotify me if (a) tris lean is in default; (b) Lender agrees to accept paymext terms; ) Lender rélease: fry security interest; or (d) Lender releases any Borrower(s) or Cc-Maker(s). AUTHORIZATION TO USE CREDIT REPORT. 8) signing thie Asreclvent | eutherize Lercer tO\ootain eview al ugé irforphation contaired ir my credit report ir order to de Tine | may cuelit forof predsts arc gervices rketed bs Lercey This authorization termirates when my outst; Ging talerce due und this Agi emert if paid in full may cancel such Bytherizatior at y time Sy writin OneMain, PO. Box Ss arlotte, NO\28272-9911 Ih order to process my recuest, Leer must b: provided my 6 account lumber. URANG! As yed in tris Agrex rent, tha term frecit cance" includ crecit life insurance, creci{ disability insuran, 7 cred By unenisloymi insurance, and q edit prt perty\ insurance. An affilis of the Lender may qrovice \he credit insur@fce trat | volun ‘select. |I acknowledge that Lender alte/or its\affiliales may pro my purchase of voluntary drexit in rance, REQUIRED INSURANCE. | am required to maintain insurahce in types, jounts, ters and deductible levels acceptable td Lender (Retuired Insurance’). Tre Reqljired Ir: durance rrust keep the Coll feral infsured Agairst hazards for wrich Lerder realires ingurance Suc!} coverage includes, but is nol\limitec Yo, loss ky theft, ndalisr collisipn, fire, and any other risks of loss that wot @t impair Lend rs interest in the Collateral dy acvers\ affect the al ie of the Collatd e the option of provicing the Required Insurance through an existirg polfey seurank ewned'ex controll by re, pr thrcugh a poli) obtained arc paid for ky me. | may purchase this Reauited Irsurance thybugh arly insure irsuranca GENt, or broket cf my cheil s acceptable to Lender. Lender may net decline to accept Sry insurarc brovided by re U ss it is for reasona) cause. Examples of reasonable catse include, ott are net limited to, the rancial saditio the insrer and the am ator tya overage chosen. My choice of insurer will nct otherwise affect Lerder's credit exision or my credit terms: The types, amounts, and deductible levels that Lender requires under tris Agreement may change during the terns the Agreerer} Recuired Insurarce must (2) include a lender's less payable provision; (b) name Lender, its successors and/or assigns, Bses: eayée; (Cc) provide that such insurance will not be cancelec or rrocified without at least fifteen (15) days prior written notice to tre loss payee; and (d) not incluce any disclaimer of the insurers liability for failure to give such notice. | shall promptly give to Lender satisfactory proof (in Lender's reasonable estimation) of all Recuirec Insurance and all receipts of paic premiums and renewal notices. | agree to keep my Reauired Insurarce in force until all amourts that | owe Lender urcer this Agreement or the security irstrurrert are paic in full, my account is terminated, and Lender releases cr discharges it: curity interest. Ir case cf darrage to or less of the Collateral, | agree to give prompt rotice to Lender ard the irsurance carrier. If | fail to prometly notify or make proof of loss to the insurance carrier. Lercer may (but is net required to) do so or my behalf, If | do not keep Recuirec insurance uncer this Agreement in force at all tines Lender may, but is not required to, in Lencer's sole ciscretion, and at my expense. obtain insurance coverage to protect Lenders interest in the Collateral. | understanc anc agree that A Lender is urcer no obligation to cbtain ary particular type cr ameurt of coverage. B. Lender-obtained insurance may, Lut need not, protect my interests. c. Lerder-cbtained insurarce may, but reed net, pay ary claim | make. D. the cost cf Lender-obtained irsurance may be much more thar the cost of insurance | could Fave obtained cn my own. E. any amounts cisbursed by Lender under this Section to obtain insurance shall become adaitional cebt of mine under this Agreerrent, secured by this Agreement or the Security Instrument. This additional debt will be payable Lpon rotice from Lender tc me requesting payment. | am hereby authorizing Lenderto release to, or obtain from, third parties any information necessary to monitorthe status of Recuirec Insurance. Lender-obtained insurance may be purchased from an affiliate of Lender. Lender, or its affiliate, may earn a profit by cbtainirg tris irsurance, tc the extert permitted by applicable law. Lender may, at any time and at its sole option, cancel Lender-obtained insurance. Lender Fas a security irterest ir any Learned premiums from such insurance; 4. lam hereby absolutely assigning to Lender any rights | may have to uneamed Lender-obtained insurance premiums; and 2. | am hereby authorizing and appointing Lender to be my attomey-in-fact for the purpose of cancelling the Lender-obtained insurarce ard applying the ureared prerriums tc reduce the account balerce upon cancellation of said insurance. ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, | hereby absolutely assign to Lender my rights fo any Required Insurance proceeds, and any uneared Required Insurance or credit insurance prerrium refunds, and any other rights urcer policies covering the Collateral up to, but not in excess cf the Total Balance due under this Acreerrert cr sectrity instrument. | agree that Lender may use any irsurance proceeds, and ary unearned Required Insurance or credit irsurance premium refunds, to reduce the amounts that | owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to adjust my losses and sicn my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds cr unearred premium refurcs paid to Lender do rot satisfy all amcurts that | owe Lender urcer this Agreement cr the security instrument, | remain responsible for payment of the balance of any amounts due uncer this Agreement and the security instrument. CORRECTION; RELEASE. Durirg tre term of tris Agreement, | agree to cooperate with Lender to: (a) ccrrect any clerical errors that were made in ccnrection with car documents: (b) obtain the correct amounts due te others; and (c) release, or cause to be released, all liers Upon paymert in fll ADDITIONAL PAGES FOR IMPORTANT INFORMATION AIM 0 00 1 Page 2 Initials __N/A N/A (Initials required fer physical form) CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitmentte make this loan if Lender reascnably believes thet: (2) trere are material omissicrs or misrepresertaticrs in ccnrection with my credit applicaticn; (b) there is @ material, adverse charge ir my creditworthiness; (c) there are additicral liens on the right, title, or interest of ary Collateral to be Used for this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to ke usec for this Ioan has or will occur that is not agreed to by Lencer. SEVERABILITY. Other than the class action waiver describec in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER: OF JURY TRIAL, the fact that any provisicr of this Agreemert may prove invalid or unenforceable urcer any law, rule, or regulatior of ary federal, state, cr local court or governmental entity shall rot affect the validity cr erferceability of the rerrairing provisions of this Agreement. NO ASSUMPTION, Tris Agreement shall nt be eligible for essurrption by ary third party withcut the express written cor'sent of Lender. DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, Lender may consider you to be in default of this Agreement if any one or mere of the following occurs A | fail tc make eny payment, ircluding, but net limited to the Total Arrount Due, under this Agreement within 20 cays of the payment due date. B. | fail to do arything else | Fave agreed te cc in this Agreement. Cc. Ary statement or representation | made in my crecit application is untrue or irccrrect. | fail tc provide Lender with proof of residence cr Required Insurarce withir ten (10) business days after Lender's writter request fer this information. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or involuntary bankruptcy proceeding, Any judgment, levy. attachment. writ of garnistrrert, or other sirrilar order is entered against me cr the Collateral G. Ary police or goverrmertel agency seizes or impcurds the Collateral or starts forfeiture proceedings agairst the Collateral BK. | sell, lease or otherwise encumber or dispose of tre Collateral without Lender's writter permissicr. (For Kansas residents only: Lender believes the foregoing events &. thrcuch J. would significant va e prospect of paym It, performarce, or realization cf collateral. The burcen of establishing the prospect of sucl impai ent is oF the Lender, GENERAL REMEDIES. If | am in default of this Agreement, Lender ha! - Stibject tc any requiremays cf ndtjce or ridet to ofire or miler provisions, all of tre rerrecies permitted by la ard Agreement, includ\rg: Lender may require me to pay (Ger immediately, bject to ar rebates reouirec B) law, the revainihg unpaid’ balange of the Amount inarced, finance ch: es, ard all other agreed cherges. hese amounts will adcrue interest from th date | am réquired te vay Lender a ke Contract Rte or les rate as Pequired by\epolicable law. \until paid i I. Lender ray pay (es, as srrert or other liens, Oy rake pairs \o tre Co if | have not done so, but Lener is nbt required pcn pa ent Hy Lerofr, these amourts ill be d\e immediately arc will acc; finance charges at ¢ Corlract Rate rom the day til rep ir fl to Lender. Lender may reouire me to| make ¢ Collateral available to Lercer at a plade Lender designates that is reasonal\ly conver rient tc Lender and rre. Lender may immediately imlnobilize\ cisable, or take possession of the Collater by legal process or self help, but in boi eso Lender may not breach the peace or\unlawtu) enter onto rry premised Lencel may t n sell the Collateral and apply wrat Lender receives, as provided by IBV e-Lender’ actual axd reascrabié expen: fs before al cther kmourts due hereunder. Except when pyphibited]by law, am resporeiulé for any d Ciency if thee scs from the sale of tre Ccllateral do rot cover wrat | dwe Lender, id Lendgr may sue for trose accitior ‘amounts. Len 1 right /out not the obli, cariGél or request termination of any voluntary crecit insurance in the event of cefault and | hereby a Lender as my attorne) fact to cancel any such insurance in the event of default, subject to any applicable strictions T state law. Return of any unearned premium as a result cf such request for termination cr cancellation will be credited fo my loan account. G Lender may accept late payments or partial payments even though marked "Fayment in Full” (or similar language) without losing any of its rights under this Agreement, to the extent permitted by law. By choosing any one cr more of these remedies, Lender does rot waive its right later to elect anctrer remmecy. By deciding ret to use ery remedy, Lerder dces net give ug its right to corsicer it an event cf default if it Fappens again. Lender's rights hereurder are cumclative, not exclusive. | agree that, if any notice is required to be giver tc me cf an intended sale or transfer of the Collateral, notice is reasonable if rrailed to my last kncwn aderess, as reflected in Lender's records, at least ter (1C) days before the date of the intended sale or transfer, cr suck ther period of tirre as is recuired by law. | agree that, subject to my right to recover such property, Lender rray take possession of personal property left in or on the Collateral taken into possession as provided above. DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them. NOTICES. If required by law, Lender will provide me with nctice under this Agreerrert which, if mailed, shall ke sent to my last known address as reflected in Lender's records, including, out not limitec to, notices of default, right to cure, anc purchase of Required Insurance. Unless law provides cthenwise, Lender may provide me with any notices under this Agreement electrorically to the email address 2s reflected ir the Lender's recerds. WAIVER. Lrless law cr this Agreerrert provide otrerwise, | hereby waive presentment, rotice and protest, and all other cerrands ard Totices ir cornectior with the delivery, acceptance, performerce, default cr erccrserrert of this Agreerrert and all suretystip cefenses gererallytc the extert permitted by applicable law. SAVINGS CLAUSE. All acreerrents between rre and Lerder are expressly lirrited so that any interest, finance crarges, Icar charges, or ther fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest amount allowed by applicable law. If 2 law that applies to this Agreement and my loan is finally interpreted so that the interest, finance charges, loan charges. or ather fees collectec, or to be collected. in connection with this loan exceec the permitted limits, then: (a) any such interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit, anc (b) any sums already collected from me that exceeded permitted limits will be refurcec. Lercer may ckocse to make this refund by recucing the remaining unpaid balance trat | owe under this Agreerrert or making a direct payment tc me. To the extert perrrittec by law. rry acceptarce of ary such refund shall constitute @ waiver cf any right of action | might have rising out of such overcharge. The following retice applies if the proceeds of this loan will be applied in whole or substartial part tc @ purchase of gocds or services from a seller who either refers consumers to the Lender or who is affiliatec with the Lender by common control, contract, or business arrangement: 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. ‘SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials N/A N/A erent Page 3 (Initials required fer physical forrr) Acccurt Number Ii 4079 INTEREST BEARING LOAN. If checked, | agree to payte the order of Lender, Principal, plus irterest ("finance charges") on the daily unpaid Principal balance computed at the Ccntract Rate, in the amcurts ard on cr before the dates set forth in the Payrrert Schedule in the TRUTH IN LENDING CISCLOSURES or page 1 hereof, plus all other fees charges, ard other arrounts die under this Agreerrert, at Lender's address set forth in this Agreement, unless ctherwise rotified, until paid in full. All paymerts will be applied in the following order: (2) other charges provided fcr in this Agreement cr otherwise allowed by law, arc late charges; (b) interest accrued te the date the payment is received and applied by Lender, and (c) if there is ery remainder of the payment, the unpaid Principal balance. Interest on my loan accrues daily on the urpaic Frincipal balance. If | pay early, more of my payrrert will be applied to the Unpaid Prircipal balance If | pay late or miss payments, mre of my payment will be applied to interest. This will celay rry Principal reduction ard cost me more in interest. Tre Payment Schedule assumes thet | will rrake each payment on the day it is cue; therefore, my final payment will be adjusted as appropriate tc reflect ery variaticn in the actual dates my payments are receivec by Lender. If ary unpaic mounts remain due tc Lender after my firal scheduled payrrert due date, | agree to pay interest or these unpaid amounts, computed at the Contract Rate, until paid in full. Principal is the total of the Amount Finances, plus any Prepaic Finance Charges that I have financed. PRECOMPUTED LOAN. If checkec, | agree to pay the Total of Payrrerts in the amounts and on the cates showr in the Payrrert ‘Schedvle in the TRUTH IN LENDING DISCLOSLRES on page 1 hereof, plus all other fees, charges, and other amounts due Under this Agreerrert, at Lender's address set forth in this Agreement, unless otherwise netified, until paid in full. All payments will be applied in the follewirg order: (@) ether charges provided for in this Agreement or ctherwise allowed by law, and late charges; and (b) the Total of Fayments amount. Lriless | pay the fl amount due within fifteen (15) days after my final scheduled payrrert dLe date, | agree to pay finance charges or these unpaid amounts, comptted at the Contract Rate, until paid in full PREPAYMENT. I may prepay all cr any part of rry loar at any tire. The Prepaid Firance Charges are deemed by the patties to be fully zatnec or the Date of Loan and are not refundable, tc the extert permitted by applicable law, if my loan is a Precomputed Loan. and | prepay my loan in full, the arrount | owe will ke reduced by any unearned finance charges, computes by (a) if the term cf this Agreement is sixty-one (61) months or less, the RUle of 78s rrethcd (see explaneticr below) cr (b) if the term of this Agreement is more than sixty-one (61) morths, the actuarial rrethcd. Notwithstanding the prior senterce, if the Precompute Loan is a “title-secured loan” as defined ir Title 28, Section 11C.3CO of tre Illincis Administrative Code and | prepay my Icar ij arrount | owe will be reduced by any reamed firance crarges, compulted by the actuarial methoc The fcllowing is an explaration of the Rule of 78s refund methed: PREPAYMENT -- "RULE OF 78T-S" ‘Sum of balat Uneamed Charge = Origii rarge” X of balankes dudevery month of coi inance Charg ‘excludit es added fora fitst payrhent pericd mere than cne mertt cr credit insurances harges. ple: 1 mortify paynferts of $10 (bala\ce is $\20 filst morth, $110 secen; fronth, and sc on),\$2C Finadge ce. If ve paytfpents are prepaid in l , un mec inance Char $20 &0+40+20+20+10 = $3.65 120+110+100+9C-48C+70¥60+50440+3C420+10 DEFRRMENT CHARGE. If my lo: is a Precorrputed Le , instes of a late crare Lender may defer the due dates of all remaining payments and agree tB P p cefe! rent cra? fy Sect 1 of the \ilinois Consumer Irstallrrert Loan Act. allo CONVE SION. If myfloan is Precombfed Lear arc two (2) frore of my payrrerts are partially or entirely ir default one (1) full month more fler any ué date, érder may oo ry lear interest Bearing Loan by cecucting from tre unpaid balance the same refurc OKuneamed ice charg that | would have received if | rad paid in full one day prior to the due date of the mast recent payment in deft and, thereafter, ¢ to pay finance charges on the unpaic amount at the Contract Rate until paid in full. LATE CHAR Tagree to pay ary late charge described in the TRUTH IN LENDING DISCLOSURES herein. DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returred urpeid for any reason, | agree to pay a dishonored check charge of $25. 00 plus eny actual expenses incurred ky Lercer. DEFAULT COSTS. In the event of default, | agree to pay Lender's (a) court costs, (b) reasonable attomey's fees notto exceed 15% of the amount cue, and (c) costs to realize on any security interest, each if anc to tre extent permitted by applicable law. DISCLOSURE OF 36% RATE CAP A lender shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of tre amount financed fora loan. as calculated uncer the Illinois Precatory Loan Prevention Act (PLPA APR). Any Ican with @ PLPA APR over 36% is nll and void, such that ro persor or ertity shall have any rigtt to collect, attempt to collect, receive, or retair any principal. fee, irterest, or charges related to tre loan. The annual percentage rate disclosed in any loan contract may be lower than the FLPA APR. Beerermse N/A Borrower Signature Co-Borrower Signature ar Appiicabie REQUIRED PROPERTY INSURANCE NOTICE. Unless I provide Lender with evidence of Required Insurance coverage required by this Agreement, Lender may purchase the Required Insurance at my expense to protect Lender's interests in the Collateral. This Required Insurance may, but need not, protect my interests. The coverage that Lender purchases may not pay any claim that I make or any claim that is made against me in connection with the Collateral. I may later cancel any Required Insurance purchased by Lender, but only after providing Lender with evidence that | have obtained Required Insurance as required by this Agreement. If Lender purchases Required Insurance for the Collateral, | will be responsible for the costs of that Required Insurance, including finance charges and any other charges Lender may impose in connection with the placement of the Required Insurance. The costs of the Required Insurance may be added to my total outstanding balance or obligation. The cost of the Required Insurance purchased by Lender may be more than the cost of Required Insurance | may be able to obtain on my own. GOVERNING LAW, This Agreement shall be govemed by the laws of the State of Illinois and Feceral law. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials __N/A N/A Page 4 (hitials required fer physical form) C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL hs DESCRIPTION OF ARBITRATION. Arbitraticr is a method of resolvirg clairrs and dis; Utes between parties thatis more informal than a lawsuit in court. In arbitration, both sides present their case to a neutral third perscr—t arbitrator—instead cf a judge or j Artitration allows fcr more limited discovery than in ccurt, ard ar arbitratcr’s rulirgs are subject tc limited review by courts. Arbitration tke place on an individual basis; class prcceedirgs are not permitted. UNDER THIS ARBITRATION AGREEMENT, BOTH LENDER AND | ARE VOLUNTARILY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY LAW. 1. CLAIMS AND DISPUTES COVERED. Except as specified in this Arbitration Agreement, Lender and | agree that either party may elect arbitration of any Covered Claim. The term “Covered Claim’ is intended to be broadly interpreted and includes tre following claims or disputes, whether basec in contract, tort, statute, equity, or ary otrer legal theory . claims arising cut of cr relating to any aspect of the relationship betweer Lender and me, including, but not limited te, this Agreerrert of loan: any previots retail credit agreemert (‘Retail Contract’) assigned to Lender; cr'ary previous Icer from or assigned ender, claims arisin cout of or relating to any documents, disclosu! res, acvertisin, , or actions or orissions, inclucing any allegation of fraud or misrepresent ifation, relating to this cr any previous loan or Relail Contra made by or assigned to Lender ér to any other of Lender's products or services; claims arising out of cr relatirg to negctiaticrs, perforrrance, cr breach of this or any previcts Icar cr Retail Cortract mace by or assignec to Lender, claims arising out cf cr relating to the closing, servicirg, ccllectirg, or erferceability of any transacticn invelving Lender or me; claims arising out of or relatirg te any insurance procuct, service contract, membership plan, cr warrarty purchased in connection with this or ary previous loan or Retail Contract made ky or assigned to Lercer,