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John P. Kenosian, Bar #80261
Law Offices of Kenosian & Miele, LLP
8581 Santa Monica Blvd., #17 FILED
Los Angeles, CA 90069
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SAN MATEO COUNTY
Tel: (888) 566-7644
Attorney for plaintiff, PMGI FINANCIAL, LLC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
10 REDWOOD CITY LIMITED CIVIL
11 PMGI FINANCIAL, LLC , A Limited Case No.: 17CLJ05644
Liability Company
12 DECLARATION IN SUPPORT OF JUDGMENT
Plaintiff,
13 vs. CIV. CODE §1788.50
14 FERNANDO S ROBLES
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and DOES 1 to 5, inclusive, Raf"
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Defendant(s) in Suppo”
l "Application for
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I, David Eliason, declare:
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1. I am the Authorized Agent for PMGI FINANCIAL, LLC. I am involved in management and
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operations of PMGI FINANCIAL, LLC and my responsibilities include the management, control
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and custody of PMGI FINANCIAL, LLC records. It is the practice and procedure of PMGI
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FINANCIAL, LLC’s employees or agents with personal knowledge of an act, event or
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transaction to make a record thereof at or near the time such act, event or transaction actually
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occurs.
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DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT
, C.C.P. § 1788.50
Page 1 of 4
These records are made and compiled in the regular course of PMGI FINANCIAL, LLC’s
business. I am familiar with how PMGI FINANCIAL, LLC’s business records are prepared,
maintained, accessed and retained and am required to rely upon and deal with the information
contained in the records. l have found the records and information to be trustworthy and
reliable. Each record attached to this declaration is an exact copy of the original record stored in
computer storage, copied or duplicated onto microfiche or microfilm. l have possession and/or
access to PMGI FINANCIAL, LLC’s records including the records relating to FERNANDO S
ROBLES (hereinafter "Defendant”). Based upon my personal knowledge and/or from my
examination of the records of my institution relating to the Defendant, l have personal
10 knowledge of the facts set forth herein. If called as a witness I would under oath competently
11 testify as to the facts stated herein. Based upon the foregoing and my review of the records
12 relating to the Defendant in this matter, I am informed and believe and thereupon make the
13 foregoing representations.
14 2. On or about 12-04—14, Defendant entered into a written agreement with LOANME, INC
15 for the issuance of a loan. By the terms of the agreement, LOANME, INC loaned to Defendant,
16 a sum of money under loan now bearing account number ending XXX937 (the “Account”).
17 Defendant promised to pay LOANME, INC all sums loaned with interest, fees and charges. A
18 true and correct copy of the LOANME, INC Promissory Note and Disclosure Statement is
19 attached as Exhibit A and incorporated by reference.
20 3. Subsequently, the Defendant defaulted by failing to pay the minimum monthly payments
21 that were due.
22 4. Prior to filing this lawsuit, PMGI FINANCIAL, LLC acquired sole ownership of the debt at
23 issue, or has authority to assert the rights of all owners of the debt.
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DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT
C.C.P. § 1788.50
Page 2 of4 .
5. The Account, which is the basis of the complaint, is a consumer debt that was sold or
resold after January 1, 2014.
‘6. The debt balance at charge-off was $2580.67. The balance of post—charge-off interest is
$0.00. The amount of post-charge—off fees is $0.00.
7. The date of the last payment to the original creditor was on or about 08-01-15.
8. At the time of charge-off, the name and address of the charge-off creditor was LOANME,
INC. 1900 S. STATE COLLEGE BLVD., STE. 300 ANAHEIM, CA 92806. The last four digits of
the charge-off creditor’s account number associated with the debt at the time of charge-off was
XXX937.
10 9. At the time of charge-off, the name and the last known address of the Defendant as
11 appearing in the charge-off creditor’s records was FERNANDO S ROBLES, 1570 SEQUOIA
12 AVE SAN, BRUNO, CA 94066.
13 '10. The name and address of all post charge—off purchasers of the debt are as follows:
14 Name Address
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15 SUNLAN CORPORATION 8502 E. CHAPMAN AVE. #375 ORANGE, CA 92869
16 PMGI FINANCIAL, LLC 8581 SANTA MONICA BLVD #17 LOS ANGELES
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A Limited 'Liability Company ,CA 90069
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11. Attached as Exhibit B and incorporated is a true and correct copy of the Bill of Sale
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between LOANME, INC and SUNLAN CORPORATION.
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12. Attached as Exhibit C and incorporated is a true and correct copy of the Bill of Sale
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between SUNLAN CORPORATION and PMGI FINANCIAL, LLC. This Bill of Sale was made in
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the regular course of business. This Bill of Sale was made at or near the time the Account was
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sold. The sources of information and method and time of preparation were such as to indicate
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its trustworthiness.
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DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT
c.c.P. § 1788.50
Page 3 of 4
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13. PMGI FINANCIAL, LLC and LOANME, INC have done everything required of each to be
done and each performed all their obligations to Defendant, except those obligations the PMGI
FINANCIAL, LLC and LOANME, INC were prevented from doing or eXcused from doing.
14. Although demand has been made, the amount prayed for is due, owing and unpaid from
Defendant.
15. The Defendant was served with a copy of the summons and complaint in this action but
failed to answer or othenlvise plead.
16. At the time of the filing of the complaint, the applicable statute of limitations on the debt
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had not expired.
1O 17. Pursuant to LOANME, INC Promissory Note and Disclosure Statement, PMGI
11 FINANCIAL, LLC seeks reasonable attorney fees, costs and interest.
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13 I declare under the penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
15 Executed, within the State of California, as of this January 29, 2018.
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19 By:
20 David Eliason, Authorized Agent, declarant
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DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT
C.C.P. § 1788.50
Page 4 of 4
EXHIBIT A
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LOANME, INC. PROMISSORY NOTE AND DISCLOSURE STATEMENT
Loan No.: -
937 Date of Note: December 03, 2014
Expected Funding Date: December 04, 2014
Lender: LoanMe, Inc. Borrower: FERNANDO S ROBLES IV
Address: 1900 S. State College Boulevard Address: 1203 GREENWAY DR
Suite 300 EL SOBRANTE, CA
Anaheim, CA 92806 94803
In this Promissory Note and Disclosure Statement ("Note"), the words "you" and "your" mean the
person signing as a borrower. "We," "us,", and "our," mean LoanMe, Inc. and any subsequent
holder of this Note.
TRUTH IN LENDING ACT DISCLOSURE STATEMENT
ANNUAL
FINANCE AMOUNT
TOTAL OF PAYMENTS
PERCENTAGE FINANCED
CHARGE
RATE
The dollar amount The amount of The amount you will have
The cost of your credit as the credit will cost credit provided to paid after all payments are
a yearly rate made as scheduled
you you
139.12 0/0 $11,587.62 $2,525.00 $14,112.62
PAYMENT SCHEDULE
One payment of $273.00 on January 01,\ 2015.
47 monthly payments of $294.46 beginning on February 01, 2015.
Late Charge: If a payment is more than 15 days late, you will be charged $15.00..
Prepayment: If you pay off this loan early, you will not have to pay any penalty.
Please see the remainder of this document for additional information about nonpayment,
default and any required repayment in full before the scheduled date.
ITEMIZATION OF AMOUNT FINANCED
Amount Financed: $2,525.00
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Amount Paid to Borrower Directly: $2,525.00
Prepaid Finance Charge/Origination Fee: $75.00
This Note is in original format an electronic document fully compliant with the Electronic Signatures
in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations, and that
the one, true original Note is retained electronically by us. All other versions hereof, whether
electronic or in tangible format, constitute facsimiles or reproductions only.
FOR VALUE RECEIVED, you promise to pay to the order of LoanMe, Inc., or any subsequent holder
of this Note the sum of $2, 600.00, together with interest calculated at 13.5 00 % land any
outstanding charges or late fees, until the full amount of this Note is paid.
Your payments will be applied first to any outstanding charges or late fees, then to earned interest
and finally to principal. The payment schedule disclosed above is only an estimate and may change
in the event you do not make all payments as scheduled.
Your interest is calculated on a 360/360 simple interest basis. This means that interest is calculated
by dividing the annual Interest Rate disclosed above by 360, multiplying that number by the
outstanding principal balance, and multiplying that number by the number of days the principal
balance is outstanding, assuming that each full month is comprised of 30 days.
You may prepay all or any part of the principal at any time without penalty.
You will be subject to a fee of $15 if any payment you make is returned for non-sufficient funds.
You agree that all payments not made within fifteen (15) days of the due date shall be subject to a
late fee of $15.00.
The origination fee included in the prepaid finance charge/origination fee disclosed above is fully
earned upon loan origination, and is not subject to rebate upon prepayment or acceleration of this
Note and is not considered interest.
This Note shall take effect as a sealed instrument and shall be construed, governed and enforced in
accordance with the laws of the State of California.
You have previously consented to receive all communications from us, including but not limited to,
all required disclosures via electronic mail. This means that all communications from us will be
delivered in electronic form.
You understand and agree that we may obtain credit reports on you an ongoing basis as long as
this loan remains in effect. You also authorize us to report information concerning your account to
credit bureaus.
You understand that, from time to time, we may monitor or record telephone calls between you
and us. You hereby consent to have your calls monitored or recorded.
You agree that in the event we need to contactyyou to discuss your account orthe repayment of
your loan, we may telephone you at any number, including any cell phone number provided or
obtained, and that we may leave an autodialed or prerecorded message or use other technology to
make that contact or to communicate to you the status of your account. You may cancel this
consent by providing us with notice.
A married or registered domestic partner applicant may apply for a separate account. As required
by law, you are hereby notified that a negative credit report reflecting on your credit record may be
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submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we
take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse
action is based, in whole or in part, on any information contained in a consumer credit report, you
have the right to obtain within 60 days a free copy of your consumer credit report from the
consumer reporting agency who furnished us your consumer credit report and from any other
consumer credit reporting agency which compiles and maintains files on consumers on a
nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to
dispute the accuracy or completeness of any information in a consumer credit report furnished by
the consumer credit reporting agency.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written. Any modifications to
this Agreement must .be made in writing and signed by both parties.
If you fail to make any payment due under this Note, we shall have the right, after a 30-day grace
period, to declare this Note to be immediately due and payable. If you file for an assignment for
the benefit of creditors, bankruptcy, or for relief under any provisions of the United States
Bankruptcy Code, we shall have the right to declare this Note to be immediately due and payable.
In the event that— we are required to, employ an attorney at law to collect.any amounts due under
this Note, you will be required to pay the reasonable fees of such attorney to protect our interest or'
to take any other action. required to collect the amounts due hereunder.
ARBITRATION PROVISION
GOVERNING LAW. This Note will be governed by the laws of the State of California except to the
extent governed by federal law. This Arbitration Provision is governed by the Federal Arbitration,
Act, 9 U.S.C. Sections 1-16 ("FAA").
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in which
persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to have a
jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a neutral
third person (an "arbitratOr") for a decision. Each party to the dispute has an opportunity to
present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration
proceedings are private and less formal than court trials. The arbitrator will issue a final and
binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely
overturns an arbitrator's decision. We have a policy of arbitrating all disputes with customers which
cannot be resolved in a small claims tribunal, including the scope and validity of this Arbitration
Provision and any right you may have to participate in an alleged class action. THEREFORE, YOU
ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Waiver of Jury Trial and Arbitration Provision, the words "dispute" and
"disputes" are given the broadest possible meaning and include, without limitation (a) all claims,
disputes, or controversies arising from or relating directly or indirectly to the signing of this
Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt
to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies,
arising from or relating directly or indirectly to the Loan Agreement, the information you gave us
before entering into this Agreement, including the customer information application, and/or any
past agreement or agreements between you and us; (c) all counterclaims, cross-claims and third—
party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional
torts; (e) all claims based upon a violation of any state or federal constitution, statute or
regulation; (f) all claims asserted by us against you, including claims for money damages to collect
any sum we claim you owe us; (9) all claims asserted by‘ you individually against us and/or any of
our employees, agents, directors, officers, shareholders, governors, managers; members, parent
company or affiliated entities (hereinafter collectively referred to as "related third parties"),
including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on
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your behalf by another person; (i) all claims asserted by you as a private attorney general, as a
representative and member of a class of persons, or in any other representative capacity, against
us and/or related third parties (hereinafter referred to as "Representative Claims"); and/or (j) all
claims arising from or relating directly or indirectly to the disclosure by us or related third parties of
any non-public personal information about you.
1. You acknowledge and agree that by entering into this Arbitration Provision:
’(a)
YOU ARE GIVING UP YOUR .RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY -
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS
TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
and
(C) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED
AGAINST US AND/OR RELATED THIRD PARTIES.
2. Except as provided in Paragraph 5 below, all disputes including any Representative Claims
against us and/or related third parties shall be resolved by binding arbitration only on an individual
basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION;
THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS
A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR
OTHERS IN THE ARBITRATION.
3. Any party to a dispute, including related third parties, may send the other party written notice
by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of
the dispute along with the relief requested, even if a lawsuit has been filed. Regardless of who
demands arbitration, you shall have the right to select any of the following arbitration organizations
to administer the arbitration: the American Arbitration Association (1-800-778—7879)
http://www.adr.org or JAMS (1-800—352—5267) http:‘//www.jamsadr.com. The parties may also
agree to select an arbitrator who resides within your federal judicial district who is an attorney,
retired judge, or arbitrator registered and in good standing with an arbitration association, and
arbitrate in accordance with such“ arbitrator's rules. The party receiving notice of arbitration will
respond in writing by certified mail return receipt requested within twenty (20') days. If you
demand arbitration, you must inform us in your demand of the arbitration organization you have
selected or whether you desire to select a local arbitrator. If related third parties or we demand
arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt
requested of your decision to select an arbitration organization. If you fail to notify us, then we
have the right to select an arbitration organization. The parties to such dispute will be governed by
the rules and procedures of such arbitration organization applicable to consumer disputes, to the
extent those rules and procedures do not contradict the express terms of this Arbitration Provision,
including the limitations on the arbitrator below. You may obtain a copy of the rules and
procedures by contacting the arbitration organization listed above.
4. Regardless of who demands arbitration, at your request we will pay your portion of the
arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration
Fees"). Throughout the arbitration, each party shall bear his or her own attorney's fees and
expenses, such as witness and expert witness fees. The arbitrator shall apply applicable
substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor
claims of privilege recognized at law. The arbitration hearing will be conducted in the county of
your residence. The arbitrator may decide, with or without a hearing, any motion that is
substantially similar to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or
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state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator may
award statutory damages and/or reasonable attorney's fees and expenses. If the arbitrator renders
a decision or an award in your favor resolving the dispute, we will reimburse you for any Arbitration
Fees you have previously paid. At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may be filed with any‘ court having
jurisdiction.
5. All parties, including related third parties, shall retain the right to seek adjudication in a small
claims tribunal in the county of your residence for disputes within the scope of such tribunal's
jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims
tribunal, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims
tribunal shall be resolved by binding arbitration.
6. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and
shall be governed by the FAA. If a final non-appealable judgment of a court having jurisdiction over
this transaction finds, for any reason, that the FAA does not apply to this transaction, then our
agreement to arbitrate shall be governed by the arbitration law of the State of California.
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7. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and
assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and
related third parties. This Arbitration Provision continues in full force and effect, even if your
obligations have been paid‘ or discharged through bankruptcy. This Arbitration Provision surviVes
any cancellation, termination, amendment, expiration or performance of any transaction between
you and us and continues in full force and effect unless you and we otherwise agree in writing. If
any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
OPT-OUT PROCESS
You may choose to opt out of the Arbitration Provision, but only by following the process set-forth
below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in
writing within sixty (60) calendar days of the date of this Note .at the following address: Arbitration
Opt-Out, LoanMe, Inc., 1900 S. State College Blvd., Suite 300, Anaheim, CA 92806. Your written
notice must include your name, address, account number or social security number and a
statement that you wish to opt out of this Arbitration Provision. .
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND
AGREE TO BE BOUND TO ITS TERMS.
Payments. You have preViously authorized and requested us to initiate an automated
clearinghouse or other electronic funds transfer ("EFl'") from the bank account identified on your
Application (the "Bank Account") to make each payment required hereunder on the day it is due.
You also authorize us to initiate an EFl‘ to or from the Bank Account to correct any erroneous
payment and, in the event any EFI' is unsuccessful, to attempt such payment up to two additional
times. You understand that unsuccessful EFI's may result in charges by your bank, and you agree
that we are not liable for such charges. We will notify you 10 days prior to any given transfer if the
amount to be transferred varies by more than $50 from your regular payment amount. You also
authorize us to withdraw funds from your account on additional days throughout the month in the
event you are delinquent on your loan payments. Your request and authorization for us to initiate
EFFs is entirely voluntary, and you may terminate this authorization by notifying us in writing via
fax (844—904-7368) or email (customer.service@LoanMe.com) soon enough to allow us a
reasonable opportunity to act on your termination (generally at least three business days in
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advance).
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By signing this promissory note, you also authorize us to obtain payments from your Bank Account
by creating and processing paper checks (each a "Check") in place of initiating any or all of the
EFl's described above. Each Check will be in the amount of the payment that would have been
initiated as an EFI', and each Check will be deposited by us for processing on or after the same day
that the payment would have been initiated as an EFT. We will type your name in the signature line
of each Check, and you agree that your typed name constitutes your authorized signature. You
acknowledge that an electronic image of each Check may be created and processed as a substitute
check pursuant to the Check 21 Act. If you terminate your EFT authorization as described above,
this authorization to create Checks will also terminate.
THIS LOAN CARRIES A VERY HIGH INTEREST RATE. YOU MAY BE ABLE TO OBTAIN
CREDIT UNDER MORE FAVORABLE TERMS ELSEWHERE. EVEN THOUGH THE TERM OF THE
LOAN IS 48 MONTHS, WE STRONGLY ENCOURAGE YOU TO PAY OFF THE LOAN AS SOON
AS POSSIBLE. YOU HAVE THE RIGHT TO PAY OFF ALL OR ANY PORTION OF THE LOAN AT
ANY TIME WITHOUT INCURRING ANY PENALTY. YOU WILL, HOWEVER, BE REQUIRED TO
PAY ANY AND ALL INTEREST THAT HAS ACCRUED FROM THE FUNDING DATE UNTIL THE
PAYOFF DATE.
YOU CERTIFY THAT NO PERSON HAS PERFORMED ANY ACT AS A BROKER IN CONNECTION
WITH THE MAKING OF THIS LOAN.
YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THE AMORTIZATION SCHEDULE ON
THIS LOAN. Click here to view.
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS PROMISSORY NOTE
AND DISCLOSURE STATEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU
UNDERSTAND AND AGREE THAT YOUR EXECUTION OF THIS NOTE SHALL HAVE THE
SAME LEGAL FORCE AND EFFECT AS A PAPER CONTRACT.
This Loan Is Made Pursuant To The California Finance Lender Law, Division 9
(commencing with Section 22000) of the Financial Code. FOR INFORMATION,
CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF
CALIFORNIA, LICENSE NO. 603-K061.
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EXHIBIT C
BILL OF SALE
FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Purchase And Sale
Agreement between Sunlan Corporation ("Seller") and PMGI Financial, LLC ("Buyer"), Seller
does hereby sell, assign, and convey to Buyer, its successors and assigns, all right, title and
interest of Seller in and to those certain Accounts described in Exhibit A ("Account Schedule")
for Contract Number 816011203.
This BILL OF SALE is executed without recourse, warranty or representation of any kind,
expressed or implied, including, without limitation, any. warranty or representation as to the
Collectability of the Accounts, except as specifically provided in the Purchase And Sale
Agreement.
Executed this 12th day of January 2016
Company: Sunlan Corporation
Signature: .I
By. Marc Robert
Title: COO