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Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM
24LW-AC00230
IN THE CIRCUIT COURT OF LAWRENCE COUNTY, MISSOURI
ASSOCIATE DIVISION
OneMain Financial Group, LLC Case No.
Plaintiff, Division
v.
Dakota D Morris
Serve at: 414 E Sloan St
Mt. Vernon MO 65712-1854
Defendant.
SERVICE BY: Sheriff of Lawrence County, Missouri
PETITION ON PROMISSORY NOTE
COMES NOW Plaintiff, by and through its attorney of record, Pittenger Law Group, LLC, and for
its cause of action alleges and states as follows:
1. That Plaintiff is duly organized and existing according to law.
2. That Defendant Dakota D Morris on May 25, 2022, duly executed and delivered to
Plaintiff, for value received, a negotiable promissory note of that date and promised to repay to Plaintiff
the amount borrowed plus interest and fees; that said note was payable in monthly installments as set forth
in the note until fully paid; that said note is filed herewith and a true copy thereof is attached hereto as an
exhibit.
3. That the payments on said note, according to its tenor, are now in default and there is a
balance due thereon of $9,622.47; that demand has been made upon defendant for payment thereof, and
all notices required by law sent, and that defendant has refused and failed to pay Plaintiff for the balance
due, and Plaintiff has elected to declare the entire balance owed on said note payable, as provided in the
note.
4. That by the terms of said note, it is provided that in the event said note was placed in the
hands of an attorney after default, defendant agreed to pay reasonable attorney fees in addition to the
balance due on said note.
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5. As a result of an investigation of the Department of Defense records, it has been determined
that the above-named defendant is not on active duty in any branch of the military and is not subject to the
Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. §§ 3901-4043.
WHEREFORE Plaintiff prays for judgment against Defendant for the current amount due of
$9,622.47, for its attorney fees and for its costs herein incurred.
PITTENGER LAW GROUP, LLC
BY: /s/ Brandon T. Pittenger
Brandon T. Pittenger #53544
Adam E. Mitchell #68277
Geoffry W. Hetley #39668
6900 College Blvd., Suite 325, Overland Park KS 66211
P.O. Box 7410, Overland Park KS 66207
(913) 323-4595/(866) 700-4992/FAX: (913) 661-1747
Email: collection@pittengerlawgroup.com
ATTORNEYS FOR PLAINTIFF
2-15-12369/PV2
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO
COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
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LOAN AGREEMENT AND DISCLOSURE STATEMENT
DATE 05/25/22 ACCOUNT NUMBER 5955 TYPE OF LOAN (Alpha) I 00 DATE FINANCE CHARGE BEGINS TO ACCRUE 05/26/22
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We")
ONEMAIN FINANCIAL GROUP, LLC
332 N MASSEY BLVD DAKOTA D MORRIS
NIXA, MO 65714-8307 417-724-2043 114B BAILEY CIR
ROGERSVILLE, MO 65742
I have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products
Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form and GAP Waiver
Addendum, all of which collectively constitute the ’Agreement.“ This Loan Agreement 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
Agreement/Notices/Signature. If I had any questions, I asked them before I signed these documents. By signing, I indicate my agreement
to the statements, promises, terms, and conditions contained in the Agreement.
A. TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to me The amount I will have paid after I have
The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled.
35.99 % $ 8804.06 $ 7500.00 $ 16304.06
My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due
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1 $ 315.65 07/01/22
59 $ 270.99 monthly beginning 08/01/22
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LATE CHARGE: X If any payment is not paid in full within ____
15 days after its due date, I will be charged _______%
5.00 of the unpaid
_______ amount of the payment,
but not more than $_______
25.00 or less than $_______.
10.00
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If any payment is not paid in full within ____ days after its due date, I will be charged $_______ if the entire scheduled payment exceeds
$_______ or $_______ if the entire scheduled payment is $_______ or less.
PREPAYMENT: If I pay off early: I may X I will not have to pay a penalty for prepaying all or part of a loan's principal balance.
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I may X I will not get a refund or credit of part of the finance charge for a prepayment in full. I will not
receive a refund or credit for a partial prepayment.
SECURITY: I am giving Lender a security interest in: X Unsecured Motor Vehicles Other Collateral
Year Make Model VIN/Serial No.
See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and
prepayment refunds and penalties, if any.
ITEMIZATION OF AMOUNT FINANCED
Amounts paid to others on my behalf
1. $ NONE Paid To
2. $ NONE Paid To
3. $ NONE Paid To
4. $ NONE Paid To
5. $ NONE Paid To
6. $ NONE Paid To
7. $ NONE Paid To
8. $ NONE Paid To
9. $ NONE Paid To
10. $ NONE Paid To
11. $ Paid To
12. $ Paid To
13. $ Paid To
14. $ Paid To
15. $ Paid To
16. $ Paid To
17. $ Paid To
18. $ Paid To
19. $ Paid To
20. $ Paid To
21. $ Paid To
22. $ Paid To
23. $ Paid To
24. $ Paid To
25. $ NONE Total Paid on Prior Account(s) with Lender
Amounts Paid to me
26. $ 7500.00 Paid To DAKOTA D MORRIS
27. $ Paid To
28. $ Paid To
29. $ Paid To
30. $ Paid To
31. $ Paid To
$ 7500.00 Amount Financed (Sum of lines 1 - 24, 26 - 31)
$ 100.00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
1. $ 100.00 Loan Origination Fee Paid To LENDER
2. $ NONE Paid To
3. $ NONE Paid To
4. $ NONE Paid To
5. $ NONE Paid To
6. $ NONE Paid To
7. $ NONE Paid To
8. $ NONE Paid To
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement.
\#APSG
E-SIGNED by DAKOTA MORRIS
on 2022-05-25 17:24:56 GMT
Borrower Co-Borrower
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
(12-05-21) C.E. Agreement Page 1
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B. LOAN TERMS AND CONDITIONS
_________ (the date the Finance Charge is scheduled to begin to accrue).
DATE OF LOAN. 05/26/22
CONTRACT RATE. ____________% 35.26 per year, which is the agreed interest rate.
PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance
with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's
address set forth in this Agreement, unless otherwise notified, until paid in full.
SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of
this Agreement, I hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property
identified in the "Security" disclosure of the TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is
being purchased with the proceeds hereof; (b) any substitutions or replacements of that property; and (c) the proceeds and products of that
property ((a), (b), and (c) collectively referred to as the "Collateral"). I also hereby grant Lender a security interest in any unearned premiums
from any credit insurance I have elected and purchased through Lender in connection with this transaction and any Required Insurance
which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and
future advances thereof, until I have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this
Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a
security interest would be prohibited by applicable law. I authorize Lender to sign and file financing statements covering the Collateral
without my signature. I authorize Lender to file a copy of this Agreement as a financing statement when appropriate. Unless prohibited by
law I agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon
my payment in full.
JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that
Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due.
Each of us under this Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment
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terms and release any Collateral securing the loan, or add parties to or release parties from this agreement, without notice to any other
Borrower and without releasing any other Borrower from his responsibilities. Except as otherwise required by law, Lender does not have to
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notify Borrower before instituting suit against another Borrower if the note is not paid, and Lender can sue any or all Borrowers upon the
default by any Borrower.
CO-MAKERS (also referred to as CO-SIGNER(S)). If I am signing this Agreement as a Co-Maker, I understand that I am equally
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responsible with the Borrower(s). I agree that Lender may pursue me or any Co-Maker if this Agreement is in default. Unless required by
law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept different payment terms; (c) Lender releases any
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security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s).
AUTHORIZATION TO USE CREDIT REPORT. By signing this Agreement, I authorize Lender to obtain, review and use information
contained in my credit report in order to determine whether I may qualify for other products and services marketed by Lender. This
authorization terminates when my outstanding balance due under this Agreement is paid in full. I may cancel such authorization at any time
by writing the following: OneMain, P.O. Box 70911, Charlotte, NC 28272-0911. In order to process my request, Lender must be provided
my full name, address, and account number.
VOLUNTARY CREDIT INSURANCE. As used in this Agreement, the term ’credit insurance“ includes credit life insurance, credit disability
insurance, credit involuntary unemployment insurance, and credit property insurance. An affiliate of the Lender may provide the credit
insurance that I voluntarily select. I acknowledge that Lender and/or its affiliates may profit from my purchase of voluntary credit insurance.
REQUIRED INSURANCE. I am required to maintain insurance in types, amounts, terms and deductible levels acceptable to Lender
("Required Insurance"). The Required Insurance must keep the Collateral insured against hazards for which Lender requires insurance.
Such coverage includes, but is not limited to, loss by theft, vandalism, collision, fire, and any other risks of loss that would either impair
Lender‘s interest in the Collateral or adversely affect the value of the Collateral. I have the option of providing the Required Insurance
through an existing policy of insurance owned or controlled by me, or through a policy obtained and paid for by me. I may purchase this
Required Insurance through any insurer, insurance agent, or broker of my choice that is acceptable to Lender. Lender may not decline to
accept any insurance provided by me unless it is for reasonable cause. Examples of reasonable cause include, but are not limited to, the
financial condition of the insurer and the amount or type of coverage chosen. My choice of insurer will not otherwise affect Lender‘s credit
decision or my credit terms. The types, amounts, and deductible levels that Lender requires under this Agreement may change during the
term of the Agreement. Required Insurance must: (a) include a lender‘s loss payable provision; (b) name Lender, its successors and/or
assigns, as loss payee; (c) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice
to the loss payee; and (d) not include any disclaimer of the insurer's liability for failure to give such notice. I shall promptly give to Lender
satisfactory proof (in Lender‘s reasonable estimation) of all Required Insurance and all receipts of paid premiums and renewal notices.
I agree to keep my Required Insurance in force until all amounts that l owe Lender under this Agreement or the security instrument are paid
in full, my account is terminated, and Lender releases or discharges its security interest. In case of damage to or loss of the Collateral, I
agree to give prompt notice to Lender and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier,
Lender may (but is not required to) do so on my behalf.
If I do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lender‘s sole discretion,
and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. I understand and agree that:
A. Lender is under no obligation to obtain any particular type or amount of coverage.
B. Lender-obtained insurance may, but need not, protect my interests.
C. Lender-obtained insurance may, but need not, pay any claim I make.
D. the cost of Lender-obtained insurance may be much more than the cost of insurance I could have obtained on my own.
E. any amounts disbursed by Lender under this Section to obtain insurance shall become additional debt of mine under this Agreement,
secured by this Agreement or the Security Instrument. This additional debt will be payable upon notice from Lender to me requesting
payment.
F. I am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required
Insurance.
G. Lender-obtained insurance may be purchased from an affiliate of Lender.
H. Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law.
I. Lender may, at any time and at its sole option, cancel Lender-obtained insurance.
J. Lender has a security interest in any unearned premiums from such insurance;
1. I am hereby absolutely assigning to Lender any rights I may have to unearned Lender-obtained insurance premiums; and
2. I am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained
insurance and applying the unearned premiums to reduce the account balance upon cancellation of said insurance.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, I hereby absolutely assign to
Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any
other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security
instrument. I agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium
refunds, to reduce the amounts that l owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to
adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance
proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that l owe Lender under this Agreement or the security
instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument.
CORRECTION; RELEASE. During the term of this Agreement, I agree to cooperate with Lender to: (a) correct any clerical errors that were
made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens
upon payment in full.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials ________
N/A ________
N/A
(04-10-22) C.E. Agreement Page 2 (Initials required for physical form)
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CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender
reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a
material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for
this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to
by Lender.
SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER
OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any
federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement.
NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent 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 more of the following occurs:
A. I fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment
due date.
B. I fail to do anything else I have agreed to do in this Agreement.
C. Any statement or representation I made in my credit application is untrue or incorrect.
D. I fail to provide Lender with proof of residence or Required Insurance within ten (10) business days after Lender's written request for
this information.
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E. 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.
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F. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral.
G. Any police or governmental agency seizes or impounds the Collateral or starts forfeiture proceedings against the Collateral.
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H. I sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission.
(For Kansas residents only: Lender believes the foregoing events B. through J. would significantly impair the prospect of payment,
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performance, or realization of collateral. The burden of establishing the prospect of such significant impairment is on the Lender.)
GENERAL REMEDIES. If I am in default of this Agreement, Lender has, subject to any requirements of notice or right to cure or similar
provisions, all of the remedies permitted by law and this Agreement, including:
A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the
Amount Financed, finance charges, and all other agreed charges. These amounts will accrue interest from the date I am required to
pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full.
B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not required
to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges at the Contract Rate
from the date paid until repaid in full to Lender.
C. Lender may require me to make the Collateral available to Lender at a place Lender designates that is reasonably convenient to
Lender and me.
D. Lender may immediately immobilize, disable, or take possession of the Collateral by legal process or self help, but in doing so Lender
may not breach the peace or unlawfully enter onto my premises. Lender may then sell the Collateral and apply what Lender receives,
as provided by law, to Lender's actual and reasonable expenses before all other amounts due hereunder.
E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover what I
owe Lender, and Lender may sue me for those additional amounts.
F. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit insurance in the event of default
and l hereby appoint Lender as my attorney-in-fact to cancel any such insurance in the event of default, subject to any applicable
restrictions under state law. Return of any unearned premium as a result of such request for termination or cancellation will be
credited to my loan account.
G. Lender may accept late payments or partial payments even though marked "Payment in Full“ (or similar language) without losing any
of its rights under this Agreement, to the extent permitted by law.
By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use any
remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender‘s rights hereunder are cumulative, not
exclusive.
I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral, notice is reasonable if mailed to my
last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended sale or transfer, or such other
period of time as is required by law.
I agree that, subject to my right to recover such property, Lender may 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 notices under this Agreement which, if mailed, shall be sent to my last known
address as reflected in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance.
WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and
notices in connection with the delivery, acceptance, performance, default or endorsement of this Agreement and all suretyship defenses
generally to the extent permitted by applicable law.
SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or
other 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 a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any such
interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me
that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that I
owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall
constitute a waiver of any right of action I might have arising out of such overcharge.
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from
a seller who either refers consumers to the Lender or who is affiliated 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
(12-08-19) C.E. Agreement Page 3 (Initials required for physical form)
Account Number _______
5955
Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM
X INTEREST BEARING LOAN. If checked, I agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the unpaid
daily Principal balance computed at the Contract Rate, in the amounts and on or before the dates set forth in the Payment Schedule in
the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement,
at Lender's address as set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in the
following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; (b) interest accrued to
the date the payment is received and applied by Lender; and (c) if there is any remainder of the payment, the unpaid Principal balance.
Interest on my loan accrues daily on the unpaid Principal balance. If I pay early, more of my payment will be applied to the unpaid
Principal balance. If I pay late or miss payments, more of my payment will be applied to interest. This will delay my Principal
reduction and cost me more in interest. The Payment Schedule assumes that I will make each payment on the day it is due; therefore,
my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by Lender. If
any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay interest on these unpaid
amounts, computed at the Contract Rate, until paid in full. Principal is the total of the Amount Financed, plus any Prepaid Finance
Charges that I have financed.
PRECOMPUTED LOAN. If checked, I agree to pay the Total of Payments in the amounts and on the dates shown in the Payment
Schedule in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this
Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in
the following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; and (b) the Total
of Payments amount. If any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay finance
charges on these unpaid amounts, computed at the Contract Rate, until paid in full.
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PRINCIPAL. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed.
PREPAYMENT. I may prepay all or any part of my loan at any time without penalty. The Prepaid Finance Charges are deemed by the
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parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. If my loan is a Precomputed
Loan and I prepay my loan in full, the amount I owe will be reduced by any unearned finance charges computed by: (a) if the term of this
Agreement is sixty-one (61) months or less, the Rule of 78s method; or (b) if the term of this Agreement is more than sixty-one (61) months,
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the actuarial method. Refunds (or credit) shall be computed as provided by the Missouri Consumer Loan Act, Mo. Rev. Stat. Sec.408.170.
LATE CHARGE. I agree to pay any late charge described in the TRUTH IN LENDING DISCLOSURES herein.
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DEFERMENT CHARGE. If my loan is a Precomputed Loan and I fail to make a payment prior to the date on which Lender is entitled to
impose a late charge, instead of imposing a late charge, Lender may defer the due dates of all remaining scheduled payments, and I agree
to pay a deferment charge permitted by the Missouri Consumer Loan Act, Mo. Rev. Stat. Secs. 408.105, 408.140(1)(9); Mo. Code Regs.
Ann. tit. 4, Þ 140-5.020(11).
CONVERSION. If my loan is a Precomputed Loan and is partially or entirely in default one full month or more after any due date, Lender
may convert my loan to interest bearing by deducting from the unpaid balance the same refund of unearned finance charges I would have
received if I had paid in full on the date of conversion, and, thereafter, I agree to pay finance charges on the unpaid amount at the Contract
Rate until paid in full.
DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid for any reason, I agree to pay a
dishonored check charge of $______
25.00 plus the amount charged Lender by the financial institution.
DEFAULT COSTS. In the event of default, I agree to pay Lender's: (a) court costs and; (b) reasonable attorney's fees not to exceed 15% of
the amount due.
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 I have obtained Required Insurance as required by this
Agreement. If Lender purchases Required Insurance for the Collateral, I 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 I may be able to obtain on my
own.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of Missouri and Federal 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
(12-08-19) C.E. Agreement (Small Loan) Page 4 (Initials required for physical form)
Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM
C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties that is more informal than a
lawsuit in court. In arbitration, both sides present their case to a neutral third person–the arbitrator–instead of a judge or jury. Arbitration
allows for more limited discovery than in court, and an arbitrator‘s rulings are subject to limited review by courts. Arbitration takes place on
an individual basis; class proceedings are not permitted. UNDER THIS ARBITRATION AGREEMENT, BOTH LENDER AND I 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 I agree that either party may elect
arbitration of any Covered Claim. The term ’Covered Claim“ is intended to be broadly interpreted and includes the following claims or
disputes, whether based in contract, tort, statute, equity, or any other legal theory:
Ü claims arising out of or relating to any aspect of the relationship between Lender and me, including, but not limited to, this
Agreement or loan; any previous retail credit agreement (’Retail Contract“) assigned to Lender; or any previous loan from or assigned
to Lender;
Ü claims arising out of or relating to any documents, disclosures, advertising, or actions or omissions, including any allegation of fraud or
misrepresentation, relating to this or any previous loan or Retail Contract made by or assigned to Lender or to any other of Lender‘s
products or services;
Ü claims arising out of or relating to negotiations, performance, or breach of this or any previous loan or Retail Contract made by or
assigned to Lender;
Ü claims arising out of or relating to the closing, servicing, collecting, or enforceability of any transaction involving Lender or me;
Ü claims arising out of or relating to any insurance product, service contract, membership plan, or warranty purchased in connection with
this or any previous loan or Retail Contract made by or assigned to Lender;
Ü claims arising out of or relating to communications by or on behalf of Lender, including claims under the Telephone Consumer
Y
Protection Act, do-not-call regulations, or similar laws or any other claim involving emails, faxes, text messages, or calls placed using
automated technology or an artificial or prerecorded voice, including communications relating to offers of unrelated products or
P
services; and
Ü claims arising out of or relating to the collection, retention, protection, use, disclosure, or transfer of any information about me or my
accounts for any of Lender‘s products or services.
O
A Covered Claim is subject to arbitration regardless of when it arose, whether it is before the date of this or any prior Agreement between
Lender and me (such as claims relating to advertising or disclosures or claims involving predecessors), or whether the claim arises after the
termination of this Agreement. This Arbitration Agreement shall survive the termination of any loan or Retail Contract between Lender and
C
me. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement.
2. COVERED CLAIMS BY OR AGAINST THIRD PARTIES. This Arbitration Agreement also covers claims brought by or against my and
Lender‘s Third Parties. My Third Parties consist of any co-owners of my account, any authorized or unauthorized users or beneficiaries of my
account or the loan, and each of those person‘s assignees, heirs, trustees, agents, or other representatives. The Lender‘s Third Parties
consist of Lender's employees, officers, agents, or directors; Lender‘s affiliate corporations; any entities which provided insurance in
connection with this or any previous transactions between me and Lender; any third parties that assigned Retail Contracts or other
agreements to Lender; any third party that provides me any product or service which I purchased with the assistance or involvement of
Lender; any third party that participates in efforts to collect a debt owed under or to repossess collateral pursuant to this or any other
Agreement or loan issued by or assigned to Lender; any other third party providing services to or contracting with Lender or any of Lender‘s
Third Parties; and any of the employees, officers, agents, directors, affiliates, predecessors, successors, or assigns of such third parties.
Affiliate corporations are Lender's past, present, and future parent corporations, subsidiary corporations, and sister corporations, including
each of those corporation‘s predecessors, successors, and assigns. Lender's affiliates include but are not limited to OneMain Consumer
Loan, Inc., iLoan, OneMain Home Equity, Inc., OneMain Financial Services, Inc., and Yosemite Insurance Company.
3. MATTERS NOT COVERED BY ARBITRATION. All claims for damages must be arbitrated, but I agree that Lender does not have to
initiate arbitration before exercising lawful self-help remedies or judicial remedies of garnishment, repossession, replevin or foreclosure, but
instead may proceed in court for those judicial remedies. I may assert in court any defenses I may have to Lender's claims in such a lawsuit,
but any claim or counterclaim for rescission or damages I may have arising out of, relating to, or in connection with Lender's exercise of
those remedies must be arbitrated. In addition, instead of pursuing arbitration, either Lender or I also have the option to bring an individual
lawsuit in small claims or equivalent court, so long as the action remains in that court and is not removed or appealed to a court of general
jurisdiction. If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated.
Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or judicial remedies
of garnishment, repossession, replevin or foreclosure or previously filing different claims in small claims court. In addition, disputes over a
claim or whether a dispute can or must be arbitrated, including disputes over the validity and enforceability of this Arbitration Agreement or
whether sections 5, 10, or 12 of this Arbitration Agreement have been violated, are for a court to decide. Nothing in this Arbitration
Agreement precludes me from bringing issues to the attention of federal, state, or local agencies or law enforcement. Such agencies can, if
the law allows, seek relief against Lender on my behalf.
4. PRE-ARBITRATION NOTICE OF DISPUTE AND INFORMAL RESOLUTION. A party who intends to seek arbitration must first send to
the other party a written Notice of Dispute (’Notice“). The Notice to Lender may be sent by U.S. mail or professional courier service
addressed to OneMain Financial, Legal Department, 100 International Drive, 16th Floor Baltimore, MD 21202 (’Notice Address“). The Notice
to me may be sent to the address on file with my account. The Notice must include all of the following information: (a) my name; (b) my
account number; (c) a description of the nature and basis of the claim or dispute; (d) an explanation of the specific relief sought and the
basis for the calculations; (e) the signature of the party sending the Notice; and (f) if I am sending the Notice and have retained an attorney,
my signed statement authorizing Lender to disclose my confidential account records to my attorney if necessary in resolving my claim.
After the Notice containing all of the information required above is received, within 60 days either party may request a conference to discuss
informal resolution of the dispute (’Informal Settlement Conference“). If timely requested, the Informal Settlement Conference will take place
at a mutually agreeable time by telephone or videoconference. I and a Lender representative must both personally participate in a good-faith
effort to resolve the dispute informally without the need to proceed with arbitration. Any counsel representing Lender or me also may
participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both Lender and I agree in
writing.
Any applicable statute of limitations will be tolled during the period between the date that either Lender or I send the other a fully complete
Notice, until the later of (i) 60 days after receipt of the Notice; or (ii) if an Informal Settlement Conference is timely requested, 30 days after
completion of the Informal Settlement Conference (the ’Informal Resolution Period“).
5. COMMENCING ARBITRATION. An arbitration proceeding may be commenced by filing a demand for arbitration with the American
Arbitration Association (’AAA“) only if Lender and I do not reach an agreement to resolve the claim during the Informal Resolution Period. A
court will have authority to enforce this section 5, including the power to enjoin the filing or prosecution of arbitrations without first providing
a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the
arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and Informal Settlement
Conference requirements of Section 4.
6. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the Consumer Arbitration Rules (’AAA Rules“) of the AAA
in effect at the time arbitration is started, as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is not
available or unwilling to administer arbitrations consistent with this Arbitration Agreement or you object to the AAA for good cause, another
arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available
online at https://www.adr.org/consumer or by writing to the Notice Address.
7. SELECTION OF ARBITRATOR. The AAA maintains lists of approved arbitrators. The AAA will provide Lender and me each a list of
seven possible arbitrators. Lender and I will each have an opportunity to strike three persons from
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Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM 24LW-AC00230 IN THE CIRCUIT COURT OF LAWRENCE COUNTY, MISSOURI ASSOCIATE DIVISION OneMain Financial Group, LLC Case No. Plaintiff, Division v. Dakota D Morris Serve at: 414 E Sloan St Mt. Vernon MO 65712-1854 Defendant. SERVICE BY: Sheriff of Lawrence County, Missouri PETITION ON PROMISSORY NOTE COMES NOW Plaintiff, by and through its attorney of record, Pittenger Law Group, LLC, and for its cause of action alleges and states as follows: 1. That Plaintiff is duly organized and existing according to law. 2. That Defendant Dakota D Morris on May 25, 2022, duly executed and delivered to Plaintiff, for value received, a negotiable promissory note of that date and promised to repay to Plaintiff the amount borrowed plus interest and fees; that said note was payable in monthly installments as set forth in the note until fully paid; that said note is filed herewith and a true copy thereof is attached hereto as an exhibit. 3. That the payments on said note, according to its tenor, are now in default and there is a balance due thereon of $9,622.47; that demand has been made upon defendant for payment thereof, and all notices required by law sent, and that defendant has refused and failed to pay Plaintiff for the balance due, and Plaintiff has elected to declare the entire balance owed on said note payable, as provided in the note. 4. That by the terms of said note, it is provided that in the event said note was placed in the hands of an attorney after default, defendant agreed to pay reasonable attorney fees in addition to the balance due on said note. Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM 5. As a result of an investigation of the Department of Defense records, it has been determined that the above-named defendant is not on active duty in any branch of the military and is not subject to the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. §§ 3901-4043. WHEREFORE Plaintiff prays for judgment against Defendant for the current amount due of $9,622.47, for its attorney fees and for its costs herein incurred. PITTENGER LAW GROUP, LLC BY: /s/ Brandon T. Pittenger Brandon T. Pittenger #53544 Adam E. Mitchell #68277 Geoffry W. Hetley #39668 6900 College Blvd., Suite 325, Overland Park KS 66211 P.O. Box 7410, Overland Park KS 66207 (913) 323-4595/(866) 700-4992/FAX: (913) 661-1747 Email: collection@pittengerlawgroup.com ATTORNEYS FOR PLAINTIFF 2-15-12369/PV2 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM LOAN AGREEMENT AND DISCLOSURE STATEMENT DATE 05/25/22 ACCOUNT NUMBER 5955 TYPE OF LOAN (Alpha) I 00 DATE FINANCE CHARGE BEGINS TO ACCRUE 05/26/22 LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We") ONEMAIN FINANCIAL GROUP, LLC 332 N MASSEY BLVD DAKOTA D MORRIS NIXA, MO 65714-8307 417-724-2043 114B BAILEY CIR ROGERSVILLE, MO 65742 I have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal Form and GAP Waiver Addendum, all of which collectively constitute the ’Agreement.“ This Loan Agreement 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 Agreement/Notices/Signature. If I had any questions, I asked them before I signed these documents. By signing, I indicate my agreement to the statements, promises, terms, and conditions contained in the Agreement. A. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to me The amount I will have paid after I have The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled. 35.99 % $ 8804.06 $ 7500.00 $ 16304.06 My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due Y 1 $ 315.65 07/01/22 59 $ 270.99 monthly beginning 08/01/22 P LATE CHARGE: X If any payment is not paid in full within ____ 15 days after its due date, I will be charged _______% 5.00 of the unpaid _______ amount of the payment, but not more than $_______ 25.00 or less than $_______. 10.00 O If any payment is not paid in full within ____ days after its due date, I will be charged $_______ if the entire scheduled payment exceeds $_______ or $_______ if the entire scheduled payment is $_______ or less. PREPAYMENT: If I pay off early: I may X I will not have to pay a penalty for prepaying all or part of a loan's principal balance. C I may X I will not get a refund or credit of part of the finance charge for a prepayment in full. I will not receive a refund or credit for a partial prepayment. SECURITY: I am giving Lender a security interest in: X Unsecured Motor Vehicles Other Collateral Year Make Model VIN/Serial No. See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties, if any. ITEMIZATION OF AMOUNT FINANCED Amounts paid to others on my behalf 1. $ NONE Paid To 2. $ NONE Paid To 3. $ NONE Paid To 4. $ NONE Paid To 5. $ NONE Paid To 6. $ NONE Paid To 7. $ NONE Paid To 8. $ NONE Paid To 9. $ NONE Paid To 10. $ NONE Paid To 11. $ Paid To 12. $ Paid To 13. $ Paid To 14. $ Paid To 15. $ Paid To 16. $ Paid To 17. $ Paid To 18. $ Paid To 19. $ Paid To 20. $ Paid To 21. $ Paid To 22. $ Paid To 23. $ Paid To 24. $ Paid To 25. $ NONE Total Paid on Prior Account(s) with Lender Amounts Paid to me 26. $ 7500.00 Paid To DAKOTA D MORRIS 27. $ Paid To 28. $ Paid To 29. $ Paid To 30. $ Paid To 31. $ Paid To $ 7500.00 Amount Financed (Sum of lines 1 - 24, 26 - 31) $ 100.00 Prepaid Finance Charges (itemized below) PREPAID FINANCE CHARGES 1. $ 100.00 Loan Origination Fee Paid To LENDER 2. $ NONE Paid To 3. $ NONE Paid To 4. $ NONE Paid To 5. $ NONE Paid To 6. $ NONE Paid To 7. $ NONE Paid To 8. $ NONE Paid To THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement. \#APSG E-SIGNED by DAKOTA MORRIS on 2022-05-25 17:24:56 GMT Borrower Co-Borrower SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION (12-05-21) C.E. Agreement Page 1 Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM B. LOAN TERMS AND CONDITIONS _________ (the date the Finance Charge is scheduled to begin to accrue). DATE OF LOAN. 05/26/22 CONTRACT RATE. ____________% 35.26 per year, which is the agreed interest rate. PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of this Agreement, I hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property identified in the "Security" disclosure of the TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is being purchased with the proceeds hereof; (b) any substitutions or replacements of that property; and (c) the proceeds and products of that property ((a), (b), and (c) collectively referred to as the "Collateral"). I also hereby grant Lender a security interest in any unearned premiums from any credit insurance I have elected and purchased through Lender in connection with this transaction and any Required Insurance which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and future advances thereof, until I have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. I authorize Lender to sign and file financing statements covering the Collateral without my signature. I authorize Lender to file a copy of this Agreement as a financing statement when appropriate. Unless prohibited by law I agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon my payment in full. JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due. Each of us under this Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment Y terms and release any Collateral securing the loan, or add parties to or release parties from this agreement, without notice to any other Borrower and without releasing any other Borrower from his responsibilities. Except as otherwise required by law, Lender does not have to P notify Borrower before instituting suit against another Borrower if the note is not paid, and Lender can sue any or all Borrowers upon the default by any Borrower. CO-MAKERS (also referred to as CO-SIGNER(S)). If I am signing this Agreement as a Co-Maker, I understand that I am equally O responsible with the Borrower(s). I agree that Lender may pursue me or any Co-Maker if this Agreement is in default. Unless required by law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept different payment terms; (c) Lender releases any C security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s). AUTHORIZATION TO USE CREDIT REPORT. By signing this Agreement, I authorize Lender to obtain, review and use information contained in my credit report in order to determine whether I may qualify for other products and services marketed by Lender. This authorization terminates when my outstanding balance due under this Agreement is paid in full. I may cancel such authorization at any time by writing the following: OneMain, P.O. Box 70911, Charlotte, NC 28272-0911. In order to process my request, Lender must be provided my full name, address, and account number. VOLUNTARY CREDIT INSURANCE. As used in this Agreement, the term ’credit insurance“ includes credit life insurance, credit disability insurance, credit involuntary unemployment insurance, and credit property insurance. An affiliate of the Lender may provide the credit insurance that I voluntarily select. I acknowledge that Lender and/or its affiliates may profit from my purchase of voluntary credit insurance. REQUIRED INSURANCE. I am required to maintain insurance in types, amounts, terms and deductible levels acceptable to Lender ("Required Insurance"). The Required Insurance must keep the Collateral insured against hazards for which Lender requires insurance. Such coverage includes, but is not limited to, loss by theft, vandalism, collision, fire, and any other risks of loss that would either impair Lender‘s interest in the Collateral or adversely affect the value of the Collateral. I have the option of providing the Required Insurance through an existing policy of insurance owned or controlled by me, or through a policy obtained and paid for by me. I may purchase this Required Insurance through any insurer, insurance agent, or broker of my choice that is acceptable to Lender. Lender may not decline to accept any insurance provided by me unless it is for reasonable cause. Examples of reasonable cause include, but are not limited to, the financial condition of the insurer and the amount or type of coverage chosen. My choice of insurer will not otherwise affect Lender‘s credit decision or my credit terms. The types, amounts, and deductible levels that Lender requires under this Agreement may change during the term of the Agreement. Required Insurance must: (a) include a lender‘s loss payable provision; (b) name Lender, its successors and/or assigns, as loss payee; (c) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the loss payee; and (d) not include any disclaimer of the insurer's liability for failure to give such notice. I shall promptly give to Lender satisfactory proof (in Lender‘s reasonable estimation) of all Required Insurance and all receipts of paid premiums and renewal notices. I agree to keep my Required Insurance in force until all amounts that l owe Lender under this Agreement or the security instrument are paid in full, my account is terminated, and Lender releases or discharges its security interest. In case of damage to or loss of the Collateral, I agree to give prompt notice to Lender and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, Lender may (but is not required to) do so on my behalf. If I do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lender‘s sole discretion, and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. I understand and agree that: A. Lender is under no obligation to obtain any particular type or amount of coverage. B. Lender-obtained insurance may, but need not, protect my interests. C. Lender-obtained insurance may, but need not, pay any claim I make. D. the cost of Lender-obtained insurance may be much more than the cost of insurance I could have obtained on my own. E. any amounts disbursed by Lender under this Section to obtain insurance shall become additional debt of mine under this Agreement, secured by this Agreement or the Security Instrument. This additional debt will be payable upon notice from Lender to me requesting payment. F. I am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required Insurance. G. Lender-obtained insurance may be purchased from an affiliate of Lender. H. Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law. I. Lender may, at any time and at its sole option, cancel Lender-obtained insurance. J. Lender has a security interest in any unearned premiums from such insurance; 1. I am hereby absolutely assigning to Lender any rights I may have to unearned Lender-obtained insurance premiums; and 2. I am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained insurance and applying the unearned premiums to reduce the account balance upon cancellation of said insurance. ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, I hereby absolutely assign to Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security instrument. I agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, to reduce the amounts that l owe under this Agreement or the security instrument, whether or not they are due. I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that l owe Lender under this Agreement or the security instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument. CORRECTION; RELEASE. During the term of this Agreement, I agree to cooperate with Lender to: (a) correct any clerical errors that were made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens upon payment in full. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Initials ________ N/A ________ N/A (04-10-22) C.E. Agreement Page 2 (Initials required for physical form) Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to by Lender. SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement. NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent 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 more of the following occurs: A. I fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment due date. B. I fail to do anything else I have agreed to do in this Agreement. C. Any statement or representation I made in my credit application is untrue or incorrect. D. I fail to provide Lender with proof of residence or Required Insurance within ten (10) business days after Lender's written request for this information. Y E. 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. P F. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral. G. Any police or governmental agency seizes or impounds the Collateral or starts forfeiture proceedings against the Collateral. O H. I sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission. (For Kansas residents only: Lender believes the foregoing events B. through J. would significantly impair the prospect of payment, C performance, or realization of collateral. The burden of establishing the prospect of such significant impairment is on the Lender.) GENERAL REMEDIES. If I am in default of this Agreement, Lender has, subject to any requirements of notice or right to cure or similar provisions, all of the remedies permitted by law and this Agreement, including: A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the Amount Financed, finance charges, and all other agreed charges. These amounts will accrue interest from the date I am required to pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full. B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not required to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges at the Contract Rate from the date paid until repaid in full to Lender. C. Lender may require me to make the Collateral available to Lender at a place Lender designates that is reasonably convenient to Lender and me. D. Lender may immediately immobilize, disable, or take possession of the Collateral by legal process or self help, but in doing so Lender may not breach the peace or unlawfully enter onto my premises. Lender may then sell the Collateral and apply what Lender receives, as provided by law, to Lender's actual and reasonable expenses before all other amounts due hereunder. E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover what I owe Lender, and Lender may sue me for those additional amounts. F. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit insurance in the event of default and l hereby appoint Lender as my attorney-in-fact to cancel any such insurance in the event of default, subject to any applicable restrictions under state law. Return of any unearned premium as a result of such request for termination or cancellation will be credited to my loan account. G. Lender may accept late payments or partial payments even though marked "Payment in Full“ (or similar language) without losing any of its rights under this Agreement, to the extent permitted by law. By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use any remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender‘s rights hereunder are cumulative, not exclusive. I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral, notice is reasonable if mailed to my last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended sale or transfer, or such other period of time as is required by law. I agree that, subject to my right to recover such property, Lender may 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 notices under this Agreement which, if mailed, shall be sent to my last known address as reflected in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance. WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and notices in connection with the delivery, acceptance, performance, default or endorsement of this Agreement and all suretyship defenses generally to the extent permitted by applicable law. SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or other 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 a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any such interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that I owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall constitute a waiver of any right of action I might have arising out of such overcharge. The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from a seller who either refers consumers to the Lender or who is affiliated 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 (12-08-19) C.E. Agreement Page 3 (Initials required for physical form) Account Number _______ 5955 Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM X INTEREST BEARING LOAN. If checked, I agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the unpaid daily Principal balance computed at the Contract Rate, in the amounts and on or before the dates set forth in the Payment Schedule in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender's address as set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in the following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; (b) interest accrued to the date the payment is received and applied by Lender; and (c) if there is any remainder of the payment, the unpaid Principal balance. Interest on my loan accrues daily on the unpaid Principal balance. If I pay early, more of my payment will be applied to the unpaid Principal balance. If I pay late or miss payments, more of my payment will be applied to interest. This will delay my Principal reduction and cost me more in interest. The Payment Schedule assumes that I will make each payment on the day it is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by Lender. If any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay interest on these unpaid amounts, computed at the Contract Rate, until paid in full. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed. PRECOMPUTED LOAN. If checked, I agree to pay the Total of Payments in the amounts and on the dates shown in the Payment Schedule in the TRUTH IN LENDING DISCLOSURES on page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid in full. All payments will be applied in the following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and late charges; and (b) the Total of Payments amount. If any unpaid amounts remain due to Lender after my final scheduled payment due date, I agree to pay finance charges on these unpaid amounts, computed at the Contract Rate, until paid in full. Y PRINCIPAL. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed. PREPAYMENT. I may prepay all or any part of my loan at any time without penalty. The Prepaid Finance Charges are deemed by the P parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law. If my loan is a Precomputed Loan and I prepay my loan in full, the amount I owe will be reduced by any unearned finance charges computed by: (a) if the term of this Agreement is sixty-one (61) months or less, the Rule of 78s method; or (b) if the term of this Agreement is more than sixty-one (61) months, O the actuarial method. Refunds (or credit) shall be computed as provided by the Missouri Consumer Loan Act, Mo. Rev. Stat. Sec.408.170. LATE CHARGE. I agree to pay any late charge described in the TRUTH IN LENDING DISCLOSURES herein. C DEFERMENT CHARGE. If my loan is a Precomputed Loan and I fail to make a payment prior to the date on which Lender is entitled to impose a late charge, instead of imposing a late charge, Lender may defer the due dates of all remaining scheduled payments, and I agree to pay a deferment charge permitted by the Missouri Consumer Loan Act, Mo. Rev. Stat. Secs. 408.105, 408.140(1)(9); Mo. Code Regs. Ann. tit. 4, Þ 140-5.020(11). CONVERSION. If my loan is a Precomputed Loan and is partially or entirely in default one full month or more after any due date, Lender may convert my loan to interest bearing by deducting from the unpaid balance the same refund of unearned finance charges I would have received if I had paid in full on the date of conversion, and, thereafter, I agree to pay finance charges on the unpaid amount at the Contract Rate until paid in full. DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid for any reason, I agree to pay a dishonored check charge of $______ 25.00 plus the amount charged Lender by the financial institution. DEFAULT COSTS. In the event of default, I agree to pay Lender's: (a) court costs and; (b) reasonable attorney's fees not to exceed 15% of the amount due. 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 I have obtained Required Insurance as required by this Agreement. If Lender purchases Required Insurance for the Collateral, I 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 I may be able to obtain on my own. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Missouri and Federal 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 (12-08-19) C.E. Agreement (Small Loan) Page 4 (Initials required for physical form) Electronically Filed - LAWRENCE - April 03, 2024 - 02:59 PM C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties that is more informal than a lawsuit in court. In arbitration, both sides present their case to a neutral third person–the arbitrator–instead of a judge or jury. Arbitration allows for more limited discovery than in court, and an arbitrator‘s rulings are subject to limited review by courts. Arbitration takes place on an individual basis; class proceedings are not permitted. UNDER THIS ARBITRATION AGREEMENT, BOTH LENDER AND I 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 I agree that either party may elect arbitration of any Covered Claim. The term ’Covered Claim“ is intended to be broadly interpreted and includes the following claims or disputes, whether based in contract, tort, statute, equity, or any other legal theory: Ü claims arising out of or relating to any aspect of the relationship between Lender and me, including, but not limited to, this Agreement or loan; any previous retail credit agreement (’Retail Contract“) assigned to Lender; or any previous loan from or assigned to Lender; Ü claims arising out of or relating to any documents, disclosures, advertising, or actions or omissions, including any allegation of fraud or misrepresentation, relating to this or any previous loan or Retail Contract made by or assigned to Lender or to any other of Lender‘s products or services; Ü claims arising out of or relating to negotiations, performance, or breach of this or any previous loan or Retail Contract made by or assigned to Lender; Ü claims arising out of or relating to the closing, servicing, collecting, or enforceability of any transaction involving Lender or me; Ü claims arising out of or relating to any insurance product, service contract, membership plan, or warranty purchased in connection with this or any previous loan or Retail Contract made by or assigned to Lender; Ü claims arising out of or relating to communications by or on behalf of Lender, including claims under the Telephone Consumer Y Protection Act, do-not-call regulations, or similar laws or any other claim involving emails, faxes, text messages, or calls placed using automated technology or an artificial or prerecorded voice, including communications relating to offers of unrelated products or P services; and Ü claims arising out of or relating to the collection, retention, protection, use, disclosure, or transfer of any information about me or my accounts for any of Lender‘s products or services. O A Covered Claim is subject to arbitration regardless of when it arose, whether it is before the date of this or any prior Agreement between Lender and me (such as claims relating to advertising or disclosures or claims involving predecessors), or whether the claim arises after the termination of this Agreement. This Arbitration Agreement shall survive the termination of any loan or Retail Contract between Lender and C me. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 2. COVERED CLAIMS BY OR AGAINST THIRD PARTIES. This Arbitration Agreement also covers claims brought by or against my and Lender‘s Third Parties. My Third Parties consist of any co-owners of my account, any authorized or unauthorized users or beneficiaries of my account or the loan, and each of those person‘s assignees, heirs, trustees, agents, or other representatives. The Lender‘s Third Parties consist of Lender's employees, officers, agents, or directors; Lender‘s affiliate corporations; any entities which provided insurance in connection with this or any previous transactions between me and Lender; any third parties that assigned Retail Contracts or other agreements to Lender; any third party that provides me any product or service which I purchased with the assistance or involvement of Lender; any third party that participates in efforts to collect a debt owed under or to repossess collateral pursuant to this or any other Agreement or loan issued by or assigned to Lender; any other third party providing services to or contracting with Lender or any of Lender‘s Third Parties; and any of the employees, officers, agents, directors, affiliates, predecessors, successors, or assigns of such third parties. Affiliate corporations are Lender's past, present, and future parent corporations, subsidiary corporations, and sister corporations, including each of those corporation‘s predecessors, successors, and assigns. Lender's affiliates include but are not limited to OneMain Consumer Loan, Inc., iLoan, OneMain Home Equity, Inc., OneMain Financial Services, Inc., and Yosemite Insurance Company. 3. MATTERS NOT COVERED BY ARBITRATION. All claims for damages must be arbitrated, but I agree that Lender does not have to initiate arbitration before exercising lawful self-help remedies or judicial remedies of garnishment, repossession, replevin or foreclosure, but instead may proceed in court for those judicial remedies. I may assert in court any defenses I may have to Lender's claims in such a lawsuit, but any claim or counterclaim for rescission or damages I may have arising out of, relating to, or in connection with Lender's exercise of those remedies must be arbitrated. In addition, instead of pursuing arbitration, either Lender or I also have the option to bring an individual lawsuit in small claims or equivalent court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated. Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or judicial remedies of garnishment, repossession, replevin or foreclosure or previously filing different claims in small claims court. In addition, disputes over a claim or whether a dispute can or must be arbitrated, including disputes over the validity and enforceability of this Arbitration Agreement or whether sections 5, 10, or 12 of this Arbitration Agreement have been violated, are for a court to decide. Nothing in this Arbitration Agreement precludes me from bringing issues to the attention of federal, state, or local agencies or law enforcement. Such agencies can, if the law allows, seek relief against Lender on my behalf. 4. PRE-ARBITRATION NOTICE OF DISPUTE AND INFORMAL RESOLUTION. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute (’Notice“). The Notice to Lender may be sent by U.S. mail or professional courier service addressed to OneMain Financial, Legal Department, 100 International Drive, 16th Floor Baltimore, MD 21202 (’Notice Address“). The Notice to me may be sent to the address on file with my account. The Notice must include all of the following information: (a) my name; (b) my account number; (c) a description of the nature and basis of the claim or dispute; (d) an explanation of the specific relief sought and the basis for the calculations; (e) the signature of the party sending the Notice; and (f) if I am sending the Notice and have retained an attorney, my signed statement authorizing Lender to disclose my confidential account records to my attorney if necessary in resolving my claim. After the Notice containing all of the information required above is received, within 60 days either party may request a conference to discuss informal resolution of the dispute (’Informal Settlement Conference“). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. I and a Lender representative must both personally participate in a good-faith effort to resolve the dispute informally without the need to proceed with arbitration. Any counsel representing Lender or me also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both Lender and I agree in writing. Any applicable statute of limitations will be tolled during the period between the date that either Lender or I send the other a fully complete Notice, until the later of (i) 60 days after receipt of the Notice; or (ii) if an Informal Settlement Conference is timely requested, 30 days after completion of the Informal Settlement Conference (the ’Informal Resolution Period“). 5. COMMENCING ARBITRATION. An arbitration proceeding may be commenced by filing a demand for arbitration with the American Arbitration Association (’AAA“) only if Lender and I do not reach an agreement to resolve the claim during the Informal Resolution Period. A court will have authority to enforce this section 5, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and Informal Settlement Conference requirements of Section 4. 6. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the Consumer Arbitration Rules (’AAA Rules“) of the AAA in effect at the time arbitration is started, as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is not available or unwilling to administer arbitrations consistent with this Arbitration Agreement or you object to the AAA for good cause, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available online at https://www.adr.org/consumer or by writing to the Notice Address. 7. SELECTION OF ARBITRATOR. The AAA maintains lists of approved arbitrators. The AAA will provide Lender and me each a list of seven possible arbitrators. Lender and I will each have an opportunity to strike three persons from