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IN THE DISTRICT COURT IN AND FOR LOVE COUNTY
STATE OF OKLAHOMA
CACH, LLC, )
)
C
Plaintiff. )
v FILED. caseno.C3S-Q3-7'7
Fil in District Court
RINAH LANDERS,
Defendant(s).
IAN 09 2024 LoXe County, OK
i
FILED IN DISTRICT COURT
"RENEE DRYANT Court
Carter County, Okiahoma
M. SEP 1 2023
Wendy Holland, Court Clerk
y. Deputy
JAN 09 2024 PETITION
AT. o'clock —____
(Celuti tiétk CACH, LLC ("Plaintiff"), and for its cause of action against the Defendant(s)
Pir Couny, Oven
alleges and states as follows:
jurisdiction of
1 That the Defendant(s) herein is a resident of LOVE County, Oklahoma and this Court has
the parties and the subject matter herein.
credit provided to
That the underlying obligations owed by the Defendant(s) to the Plaintiff result from
the Defendant by WebBank on issued account number ***0466. (Exhibit A).
d to the Plaintiff.
The Defendant(s) defaulted on the obligation, and the account has been assigne
ed by the attached affidavit
CACH, LLC is the lawful holder of the Account, as incorporated and referenc
and bill of sale/transfer agreement. (Exhibit B).
due and proper demand
The Defendant(s) has/have failed. refused, and neglected to pay the same after
thereof.
sum of $4,280.84. (Exhibit
That Defendant(s), RINAH LANDERS. is/are indebted to Plaintiff for the
O
the account and is duly
Plaintiff has complied with all the terms, conditions, and provisions of
empowered to bring this action.
and against Defendant t(s), RINAH
Plaintiff is entitled as a matter of law to a judgment in its favor
NN 23112869 pok23ad.frm
ww ~
and court costs.
LANDERS, for the total amount remaining due such being $4,280.84.
for judgment against the
WHEREFORE, PREMISES CONSIDERED. Plaintiff. CACH. LLC, prays
the costs of this action, and all other
Defendant(s), RINAH LANDERS, in the sum of $4,280.84, together with
may be entitled. Plaintiff further requests an order directing the Oklahoma
reliefto which the Plaintiff
of the judgment debtor(s) pursuant to
Employment Security Commissions to produce employment information
40 OS. § 4-508(D).
DATED: September 6, 2023
CACH. LLC,
Plaintiff
/s/ Brandon York.
BQ & Associates, P.C., L.L.O.
Brandon York OBA #35363
9140 Ward Parkway, Suite 200
Kansas City, MO 64114
(800) 887-4747 Phone
(402) 554-0339 Fax
bqok@bqlaw.com
Attorneys for Plaintiff
(ANA 23112869 pok23ad.frm
-
“Exhibit
ent
and Promisso
Agreem
Loan ry Note
ATION PROVISION. IN
SECTION 20 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITR EFFECT ON
THE EVENT OF A DISPUTE, THE ARBITRA’ TION PROVISION WILL HAVE A SUBSTANTIAL
CLASS ACTION.
YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A
Date of Loan: October 28, 2015
Loan No,: HIBD466
LenderiCreditor:
Webbank
colo Avant
640 N LaSalle St, Ste 535
Chicago, IL 60654
Borrower:
Rinah Landers
33540 S Gem Pl,
Black Canyon City, AZ 85324
FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES
ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly rate,
27.96%
FINANCE CHARGE
The dollar amount the credit wil cost you.
$5374.74
Amount Financed
‘The amount of credit provided to you on your beh
‘sum of $8000.00; (b) simple interest on the outstanding principal balance, trom November 2, 2015 through the eatlier of the date your final payment is due or the date the Loan is paid in ful, at the
daily rateof 0.07657534%, which corresponds to an annual rate of 27.95%; and (c) any and. ‘all other amounls that become due and payable under this Note (collectively, the “Debt").
3. Note Payments; Application of Payments.
{@) This Note is payable in 48 substantially equal monthly instal iments, including () 47 payments of $278.64, commencing Wednesday, December 02,However,2015; and (i) a single final payment of tha
if your due date is the 29", 90", or
remaining amount outstanding under 1 the Loan, payable one month later (the *Maturty Date" * ) . Payments will be due on the same day of each month.
318, and the curtent month is shorter, your payrment will be on the last day of the month. If any Payment is scheduled on a dale we are nol open (or business, then you agree fo pay us on the next
i t on the appropriate Payment Date. On the Maturity Date, any unpaid Debt will be payable in ful. Unless modifi ed
by a Payment
business day, and we will credit such payment '2 il we received to, among other things, any payments not made on
prior required payments (and the estimated am .ount in the TILA Disclosures) due
Plan, the final required payment will ikely vary Somewhat from date tha fall on days that are not business days. Payment 1 s wil be applied tirst to outstanding
the scheduled payment date, the difering lengths of months, and monthly anniversarles of the tuncing
‘charges, if any, then to accrued interest and then to principal.
payment method checked below is based on your previous selection. You understand bethatreceived we wil process your payments
(©) You may choose to repay by either of the following options below. The Jhockod bolow, which gives you convenience and gives us security that payments wil on time,
‘provided in the Payment Schedul in subsection (a) above by the mathod cl
authorize us to initiate an electronic debit to the checking account you elect for this purpose during the application
_ Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby the application process, hereinatter called “Depository.” You authorize us to electronically
you identify during
process, herolnalter called “Your Bank Accourt,” al the ‘depository financial inetitutlonprovided on each scheduled payment date. You also authorize us to re-initiate su ich ACH debit a total of two
debit Your Bank Account in accordance with these provi /sions for amounts owing debit to Your Bank Account must comply wilh the provisions
‘additional times (i! necessary) for the same amount if the ACH debit is dishonored. ‘You acknomedge that the origination of an electronic
of US. law.
‘Your Bank Account Information. If there is any missing or ‘erroneous information regarding Depository or Your Bank Account, then you authorize us to verity and correct the
information. You promise thal the information thal you provide to us relaling to Your Bank Account comesponds to a legitimate, ‘open and active account and that you have the
‘ight to initiate (and to authorize us to initiate) electronic debits from Your Bank Account.
on or after each schedled payment dale and any Payment
Dates. You ac) snowtedge that this authorizationis an authorization fo inate an electronic debit to Your Bank Account
date inclu in adedPayment Plan, as set forth in this Note.
manner as to afford us and Depository a reasonable
‘Termination. You understanandd acknowledge thal you may terminate this authorization by nalilying us in such time and
‘opportunity to act on it.
will be in an amount between the amount of the scheduled payment and thebasedtotalon amount of any
Range of Debits and Notice of Variation. Our debit is to Your Bark Account additional charges and/or fees incurred under this Note, of a lesser amount owing your payment
scheduled payments past due at the time we initiate t he debit, plus any
history. On each scheduled payment date, we will not debit Your Bank Account for may more than the scheduled payment plus the total amountof scheduled payments past ‘due al the
scheduled
time we initiate the debit (plus additional charges and/or fees, as applicable). You elect to receive notice of the date and amount of each debit that varies from the range, then
payments in advance by contacting us at 800-712: 5407, oF at 640 N. La Salle Dr., Suite 535 Chie: ‘ago IMinois 60654. If a debit amount will fall outsideof the specifieddebit.
electronicall y notify you of the amount of the ‘debit and the date on or after which we will debit such amount, at least ten calendar days before the scheduled
‘we will
debi as needed to reflect those partial prepayments,
Portal Prepayments. It you make any partial prepayments, then you authorize us 10 vary the amount ofthe electronic
Addition: al Amounts. You further authorize us to initiate separale electronic debitsFeeto Your Bank Account for any applicable amounts provided in his Note, You also authorize us
to initiate separate elactronic debits to Your Bark Ac scount for any applicable Late or Dishonored Payment Fee.
Full Force and Effect. This authorizationwill remain in ful force and effect unl we have received wntten notification from you ofits termination in such lime and in such manner
{as to aflord us and Depository reasonable opportunity to act on i t . You may ‘send written notification by email to suppod@avant.com or by mail to Avant, ATTN: Compliance
linois 60654. Upon terminal tion of this authorization , you will be deemedto have selected the Remotely Created Check option
Department, 640 N. La Salle Dx., Suite 535 Chicago
‘below for all subsequent payments.
Error Correction. In the event we makean errorin processingany payment, you authorize us to initiatea payment to or from Your Bank Accounl to corect the enor.
‘Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO SELECT PAYING. THIS ELECTRONIC DEBIT AUTHORIZATION TO ENTER A
TRANSACTION WITH US. THIS ELECTRONIC DEBIT AUTHORIZATION IS FOR YOUR CONVENIENCE IN BY SELECTING THIS OPTION, YOU ACKNOWLEDGE
THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY.
X Remotely Crested Check. By selecting the Remotely Created Check option, you authorize us to create paper checks bearing your typed nameprocess, and other information as may be required under
‘applicable law, raher than your handwritten signature, drawnon the checking or savings account you elect for this purpose during the application hereinaiter called "Your Bank Account,” at
the depository financial tion you identity during the application process, hereinafter called “Depository,” and to submit each check for payment to the Deposttory in the amount ot each payment
‘owing to us under this Note on or after each scheduled payment date and any payment date included in a Payment Plan (‘Remotely Created Check”), ‘otherwise known as a demand draft, telecheck,
preauthorized draft or paper draft. You ‘agree thal we may resubmit up to two times any Remotely Greated Check that is dishonored, It a Remotely Created Check is weretumed unpaid by Depository,
then you authorize us to create and submit ‘a Remotely Created Check for any applicable Late Fee or Dishonored Payment Fee. On each scheduled payment date, will not submit a Remotely
Created Check to Your Bank Account for more than the scheduled payment plus the total amount of scheduled payments, ppast due at the time wa submit the Remotaly Created Check (plus additional
charges andlor fees, as applicable). You agree that your typed name or other designation mandated by applicable law will constitute your authorized signature fully reflecting your intent to
‘authenticate any such Remotely Created Check. If you believe we have charged Your Bank Account in a manner not contemplated by this authorization, then please contact us. You authorize us to
vary the amount of the amount of any Remotely Created Check as neaded to repay amounts owing, as mocitied by any partial prepayments
4. Prepayment.
‘You may prepay the Debt in whote or in part at any time without penalty.
5, Fees and Charges.
(2) You will be charged a late fes of $25.00 if any scheduled payment is not paid in full within 10 days after its due dale.
(0) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the Debt is retumed unpaid,
6. Use of Proceeds.
You promise that you will use the proceeds of the Loan for the purposes you have stated and not for any student loan ar any illegal purposes.
7. Detoult/Remedies.
1: (a) you fail to make any payment when due; (b) any bankruptcy, receivershipof insolvency proceeding is initiatedby or against useyoutoorgenerale you make any assigament for the benetit of creditors; (c) you
se; (d) you Tail to keepany promise or meel any other obligation in this Note; (@) you fail to keep in force a bank account we can electronic payments or Remotely Created Checks for
monthly payments: or (f) we discover that you have made a material misrapresentation, then, ‘subject to applicable law (including any notice of cure right under applicable law), we may declare all
‘Debt under this Note immediately due and payable, exercise any right providedby applicable law and, if the Debt is referred for collection to an attomey who is not a salaried employee of ours, charge
you reasonable altomeys' fees permittedby applicable law.
8 Walvers.
We may accept late or partial payments, even though marked “paid in full” or with tar language, without losing any of our rights{o) demand under this Note, and we may delay enforcing any of our rights
Under this. Note without lasing them. We do not have to: (a) give notice that amourts due have not been paid (netice ‘0 dishonor), payment of amounts due ("presentment"), or (c) obtain
‘an ollicial cortication of nonpayment (‘protest’). You hereby waive noticeof dishonor, presentment and protest. Even it, ata time whan you are in default, we do not require you to pay immediately
ink full as described above, we will sill have the right to do so if you are in default at some other time. Neither our failure to exercise any of our rights, nor our delay in enforcing or exercising any of our
rights, will waive those rights in whole or in part, regardless of how often we fall or delay in enforcing or exercisin g
such nights.
~
ol the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document
To the fullest extent permitted by applicable law, no extensionof time for payment ‘of any panchange, discharge, terminate or affect your unconditional abil ‘and that of any other person or party who
‘oF agreement relating to the Debt or this Note shail release, modity, amend, waive, extend,
‘may become liable for the payment of all or part of the Debt
9, Applicable Interest and/or Loan Charge Maximums Will Be Observed.
this Note or the Debt is firaly interpreted so thatthe interest or other charges or fees collecteg or to be collected in
Notwithstanding any provision of this Note to the contrary, 1t any law applicable (a)to any ‘such interest, charge or fee shall be reduced by the amount necessary t0 reflect and be in compliance with the
‘connection with the Debt or this Note exceed the legally permitted limit, then: to make this refund by
such sums would otherwise exceed a permitted Kit, will be refunded to you. We may choose
maximum permitted limit; and (b) any sums already collected, to the extent
reducing the Debt and/or by making a direct payment fo you.
10, Severability.
“The unenforceabi lity
of any provision of this Note shall not affect the enforceability oF validity of any other provision of this Note.
11. Notices.
in writing and shall be deemed to have been duly given and effecti ve it delivered in person, by recognized messenger
upon receipt
‘Ail notices and other communications under this Note shall be given {for notices we give you on our website, Any notice to you may be delivered in accordance with the consent to
service or by facsimile, email or other electronic transmission and upon posting for you in our records. ‘Any notice fo us must be sent to Avant, 640 N. La Salle Dr., Suite 535 Chicago Minis 60654
electronic communications you have executed oF to the address we maintain
unless a different address for notice is later provided in writing by us to you.
12, Assignment.
You may not assign any of ‘your obligations under this Note without our written permission, whichapplwe toareall notof required to give. We may assign this Note at any time without your permission. Unless
prohibited by applicable law, ‘we may do so without telling you. Your obligations under this Note your heirs, successors and permitted assigns, if any. Our rights under this Note applyin 10a
us and each of our successors and assi 1s, Ownership of this Loan Agreement and Promissory Note (and rights purpose hereunder, inching with respect to principal and interest) shall be registered or
record of ownership maintained by an entity specifically designated for such purposes, acting solely for ihis as y‘jour irrevocably appointed agont. Any assignment or transfer of,
this Loan Agreement and Promissory Nota (or rights ‘horeundor) will be valid only if and when it is registered in such record of owners! hip. You shal treat each person whose name is.
pattcipation in, as appkcable, for all purpose of this Loan Agreement and Promissory Note, including, but not limited 10, the fights10
registered in the record of ownership as the owner, assignee or participant,
‘payments of principal and intorest.
13, Governing Law.
by federal {aw and, 1o the extent stale law applies, the law of the State of
Except to the extent, if any, prohibited by applicable law, thiis Note and ail controversies relating to this Note are governed
Utah.
14, Amendment.
us.
‘Note may not be amended, modified or limited except by 2 written agreement executed by both you and
15, Contacting You; Phone and Text Messages. dialing systems, lial oF prerecorded
You authorize us and our affiliates, agents, assigns and servi ficeted providers (collectively, the “Messaging Parties") to contact you using automatic tel lephone including information about upcoming payment
email systems in order to provide you with information about this Note and the Debt,
voice message systems, text messaging systems and automat Parties to make such contacts ‘any telephone numbers {including wireless, landline and VOIP numbors) or
due dates, missed payments and retumod pay yyments. You authoriza the Messaging of amounts you owe the Messaging Parties or any
with y jou Loan application , the Messaging Parties’ servicing andlor collection
‘email addresses you supply {o the Messaging Parties in connection eor‘email account may listen 10 or read the messages the t Messaging Panties leave or send you, and you agree that the
‘other matter. You understand that anyone with access to your telephon messages. ‘You further understand that, when you receive a telephone call, text m jessage or email, you may incur a charge {rom
Messaging Parties will have no liability for anyone accessing such
the company that provides you with telec« ‘ommunications, wireless andior Intemet services, and you agree that the Messaging Pasties will have no liability for such charges. You expressly authorize
the Messaging Parties ‘monitor and record your calls with the Messaging Parties. You understand that, at ary time, ‘you may withdraw your consent fo receive text messages and calls 10 your cell
phone or to receiveartticial or prerecorded voice message system calls by c saling the Messaging Parties at (800)bottom712-5407. To stop text messages, you can also simply reply “STOP” to any text
‘message he Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the of the Messaging Parties’ emails.
16. Credit Reports and Monitoring.
agencies. Late
We may obtain credit reports on you on an ongoing basis until tis Note is paid in fll. We may report information conceming yous performance under this Note to credit reporting
payments, missed payments or other defaults on this Note may be reflected in your credit report
17. Credit Bureau Disputes.
If you believe we have inaccurately reported information about you or this Note to a credit reporting ag jency, call us is atinaccurate. 800-712-5407 or send an email to us al suppot@avant.com. You will need to
provide your Loan Number along with a copy of your credit bureau report reflecting the information that ‘you believe It you believe that you have been the victim of identity thelt, submit
‘an identity theft affidavit or identity theft report.
18. Bankruptcy.
You prom!Ise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attome in the pasty sbx months and have no current Intention of filing a petition for reli!
and must
under the United States Bankruptcy Code. Any communication vith us roguired of permitted under the United States Bankruptcy Code must be in writing, must include your Loan Number
be sent to us at Avant, 640 N. La Salle Dr., Suite 535 Chicago Illinois 60654, Attn: Bankruptcy Notice.
1 Non-Negotiable Instrument.
‘This Note is not a negotiable instrument
Arbitration Provision.
(a) Etfect of Artitration Provisi Aight to Reject. (i) Unless prohibited by applicable law and unless you ‘eject this Arbitration Provision in accordance with subsection (a)(i) below, you and we agree
that eithar party may elect to arbitrate or raquire arbitrationof any Claim under this Artitrationnotice Provision. {ji i you do not want this Arbit Provisionratioto apply, younmay reject it within 30 days after
the date of this Note by giving us notice of rejection in accordan withce11. The rejection must: (A) provide your name and address and Loan Number; and (B) state that you are rejecting the
you can reject arbitration. Your rejection of
‘Arbitration Provision in this Note. Nobody else can reject arbitration for you (except an attomey at law you have personally retained); this [s the only way
‘arbitration will not affect your right to this Note or the terms of this Note apart from this Arbitration Provision.
(0) Certain Definitions. As used in this Arbitration Provision, the following terms have the following meanings:
(i) References to “we,” “us* and "our include WebBank, Avant, Inc. (Avant*), any assignees of this Note or interests in this and Note, ‘and all “Related Panties" ~ “Related Parties” mears all of our parent
‘companies, subsidiaries and affiliates, and all of the em ployees, directors, officers, shareholders, govemors, or managers memt bers WebBank, Avant and other Related Parties, Our “Rotated
third parties thal you bring a Claim against att the same time you bring a Claim against us any other Related Party.
Parlies” also include
any Relaled Party) thal arises from or relates in any way to this Note or the Debt (including any amendment,
(i) “Claim means any claim, dispute or controversy between you and us (including our marketing, advertising, ‘solictalions and conduct relating to this Note or any such prior note: our collection of any
‘medication or extension of this Note); any prior note from you to us; any of kind and nature, including
‘amounts you owe; or our disclosure of or failure to protect any information aboutclaims, you. “Claim” is to be givejen the broadest reasonable meaning and includes claims lawof every nile (including rules relating to
, cross-claims and third-party and claims based ‘on constitution, statute, regulation, ordinance, common
‘but rot lirvited 1o, intial claims, counterclaims disputetes thal seok relief of any type, including damages and/or injunctive, declaratoryremoved, or other equitable relief.
contracts, torts, negligence, fraud or other intentional wrongs) and equity. It byincludes you in small claims court of your stale's equivalent court, unless such action is transferred, or appealed to a
Despite the foregoing, “Claim* does not include any individual action brought coverage or scope of this Arbitration
in the immediately following sentence, “ Jim* does not include disputes about the validily, enforceabilily,
different court. In addition, except as set forth MultiParty Claim Waiver’), the last sentence of subsection @) and/or this
Provision ot any part thereof (including, without limitation, subsections (IX), (Gv) andlor (N(v) (the “Class Action and
sentence); all such disputes are for a court and not an arbitrator to decide. However, any disputeor argument that concems the validity or enforceability of this Note as a whole is for the arbitrator, not
a court, to decide.
a Ciaim in any Proceeding and "Delending Party”
(ii) "Proceeding” means any judicial or arbitration proceeding regarding any Claim, “Complaining Panty" means the pany who threatens or assertsa Defending
o actual Claim. "Ciaim Notice” means written noticeof a Claim from a Complaining Party 10
‘means the party who is a subject of any threatened Party.
(¢) Arbitration Election; Administrator; Arbitration Pues,
(9A Proceeding may be commenced alter the Complaining Party complies with subsection (k}. The Comp! Jaining Party may commence the Procesding eitheras a lawsuit or an arbitration by following
the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accorda celillywithasserts this subsection (c). If a lawsuit is filed, the Defending Party may
a Claim in a lawsuit on an individual basis but then seeks 10
elect to demand apbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. If the Complaining Party
‘assert the Claim on a class, representalive of muti-party basis, the Defending Party may then ‘ect to demand arbitration. A demand fo aftitrate a Claim may be given in papers or motionsovenin iaf
lawsuit, H you demand that we arbitrate a Ctaim initially brought against you i ‘a lawsuit, your demand wil constitute your consent to asbitrate the Claim with the administrator of our choice,
the administrator we choose does not typically handle arbitration proceedings initiated against consumers.
(i) Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provisionand the applicable rules of the arbitration administrator in effect at the t 1¢ the arbitration is commenced, The
‘arbitration administrator will be the American Arbitration Association AAA"), 1633 Broadway, 10thboth Floor, New York, NY 10019, www.adr.org.; JAMS, 620 Ei In Avenue, 34th Floor, New York, NY
10018, ww jamsadrorg: or any othor company selected by mutual agreemen t It
of the partes. AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration
administrator by mutual consert, the administrator will be selected by a cour. Notwithstanding any Tanguage in thispocyArbitration Provision to the contrary, no artitration may be administered, without
the consent of all parties to the arbitration, by any arbitration administrator thal has in place a formal or informal tha is inconsistent with the Class Action and Muti:Party Claim Waiver. The
arbitratorwil be selected under the administrator's rules, xcept that the arbitrator must ba a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.
(0) Non-Waiver. Even if all parties have elected to litigate @ Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit
{including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multiparty basis), and nothing in 1 hat tigation shall constitute a waiver of any
fights under this Artitration Provision. This Arbitration Provision will epply 10 all Claims, even il the facts and circumstances giving rise to the Ciaims existed before the effective date of ths
‘Arbitration Provision.
(©) Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on consider the papers submitted by the parties and/or through a
telephone hearing. However, any arbitration heasing that you attend wall take place ‘location thal is reasonably convenient for you. We will and we anywill goodnot soak faith request you make for us to pay
the administrators oF arbitrators fling, administrative, hearing andor other foes if you cannot obtain a waiver of such foes from the administrator or accept reimbursement of any
such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or thal ‘we must pay in order foror this Arbitration Provision to be enforced. We will pay the reasonable
{ees and costs you incur for your attorneys, experts and witnesses it you are the prevailing party in an attitration your Proceeding il we are required to pay such amounts by applicabie law or by the
Claim is for a small amount. Notwitanyhstand Arbitration
language in thising
administrators rules. The aftitrator shall nol limit the attomeeys' fees and costs to which you are entitled because
Provision to the contrary, if the arbitrator finds that any Claim or delense is frivolous or asserted for an improper purpose {as measured by the standards setimpairforththein enforceability Federal Rule of Civil Procedure
of this Artitratlon
11(b)), then the arbitrator may award attomeys* and oth or foes related to such Claim or defense to the injured party so long as such power does not
Provision.
() No Class Actions Or Similar Proceedings; Special Features Of Arbitration. IF YOU OR WE ELECT TOAl (BITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) HAVE A
COURT OR A JURY DECIDE THE CLAII }) OBTAIN INFORMATION PRIOR TO THE HEARING TO TH E SAME EXTENT THAT YOU OR WE COULD IN COURT; (ii) PARTICIPATE IN A
CLASS ACTION IN COURT OR IN ARBITI RATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER ORINGCLASS OPPONENT; (v) ACT AS A PRIVATE ATTORNEY GENERAL IN
COURT OR IN ARBITRATION; OR (v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLV! ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN
ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
(0) Getting information. in edition to the partes’ rights under the administrators rules to obtain information prior to the hearing, either party may ask the aviator for ‘more information from the other
pany. The arbitrator wil decide the issue in his or her sole discretion, alter allowing the other party the opporturity to object.
(h) Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final require and binding, except for: (i) ary appeal right under the
Federal Arbitration Act, 9 U.S.C. §1, et seq, (the “FAA"); and (i) Claims involving more than $60,000 (including Claims thal may reasonably injunctive rele! costing more than $50,000). For
Claims involving more than $50.000, any part 'y may appeal the award to a three-arbtrator panel appointed by the administrator, which wil reconsider anew any aspect of the initial award that is
appealed. The panet’s decision wil be final and binding, except for any appeal right under the FAA. Costs in connection with any si such appeal will be bone in accordance with subsection (e) of this
Arbitration Provision.
(0) Goveming Law. The Note involves interstate commerce and this Arbitration Provision shall be govemed by the FAA, and notfollowFederal or state rules of civil procedure or evidenceor any state laws,
thal portain specifically to arbitration. The arbitrator is bound by the terms of this Arbit ration Provision. The afbitrator shall applicable substantive law to the extent consistent with the FAA,
applicable statutes of limitation and applicable privilege rules, and shail be authorized to award all remedies available in an in individual lawsuil under applicable substantive law, including, without
limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable judicial proceedings), declaratory, injunctive and other equitable relict,
and attorneys’ fees and costs. The arbitrator shall i¢sue a reasoned written decision sufficient to explain the essential findings and conclusionson which the award is based,
@ Survival, Severability, Primacy. In the event of ary contlict or inconsistency between this Arbitration Provision and the administrators rules or the rest of this Note, this Arbitration Provision will
govem. This Arbitration Provision shall si ‘urvive the full payment of any amounts due under this Note; any rescission or cancellation of this Note; our sale or transfer of this Note or our rights under
this Note; any legal proceeding by us to collect the Debt; and your (or our) barkruptey. If any part of this Arbit tration Provision cannot in bearyenforced, the rest of this Arbitration Provision will continue to
way impairing the right 10 appeal such decision, this entre
‘apply. However, i the Class Action and Mulli-Party Claim Waiver is declared invalid in a proceeding between you and us, without
‘Arbitration Provision (other than this sentence) shall be null and void in such proceeding.
{k) Pre-Dispute Resolution Procedure. Belore a Complaining Party assets a Cizim in any Proceeding (including san individual itigant or as a member or representative of any class or proposed
class), the Complaining Party shall give the Defending Party: (1) a Claim Notice provici ing at least 20 days’ written notice of the Claim and explaining inyoureasonable detail the nature of the Claim and
‘any supporting facts; and (i) a reasonable good faith opportunity to resolve the Ciai im on an individual basis without the necessity of a Proceeding, If are the Complaining byParty. you must send
an altomey, to your
any Clai
Preview
“—™ ww ~ IN THE DISTRICT COURT IN AND FOR LOVE COUNTY STATE OF OKLAHOMA CACH, LLC, ) ) C Plaintiff. ) v FILED. caseno.C3S-Q3-7'7 Fil in District Court RINAH LANDERS, Defendant(s). IAN 09 2024 LoXe County, OK i FILED IN DISTRICT COURT "RENEE DRYANT Court Carter County, Okiahoma M. SEP 1 2023 Wendy Holland, Court Clerk y. Deputy JAN 09 2024 PETITION AT. o'clock —____ (Celuti tiétk CACH, LLC ("Plaintiff"), and for its cause of action against the Defendant(s) Pir Couny, Oven alleges and states as follows: jurisdiction of 1 That the Defendant(s) herein is a resident of LOVE County, Oklahoma and this Court has the parties and the subject matter herein. credit provided to That the underlying obligations owed by the Defendant(s) to the Plaintiff result from the Defendant by WebBank on issued account number ***0466. (Exhibit A). d to the Plaintiff. The Defendant(s) defaulted on the obligation, and the account has been assigne ed by the attached affidavit CACH, LLC is the lawful holder of the Account, as incorporated and referenc and bill of sale/transfer agreement. (Exhibit B). due and proper demand The Defendant(s) has/have failed. refused, and neglected to pay the same after thereof. sum of $4,280.84. (Exhibit That Defendant(s), RINAH LANDERS. is/are indebted to Plaintiff for the O the account and is duly Plaintiff has complied with all the terms, conditions, and provisions of empowered to bring this action. and against Defendant t(s), RINAH Plaintiff is entitled as a matter of law to a judgment in its favor NN 23112869 pok23ad.frm ww ~ and court costs. LANDERS, for the total amount remaining due such being $4,280.84. for judgment against the WHEREFORE, PREMISES CONSIDERED. Plaintiff. CACH. LLC, prays the costs of this action, and all other Defendant(s), RINAH LANDERS, in the sum of $4,280.84, together with may be entitled. Plaintiff further requests an order directing the Oklahoma reliefto which the Plaintiff of the judgment debtor(s) pursuant to Employment Security Commissions to produce employment information 40 OS. § 4-508(D). DATED: September 6, 2023 CACH. LLC, Plaintiff /s/ Brandon York. BQ & Associates, P.C., L.L.O. Brandon York OBA #35363 9140 Ward Parkway, Suite 200 Kansas City, MO 64114 (800) 887-4747 Phone (402) 554-0339 Fax bqok@bqlaw.com Attorneys for Plaintiff (ANA 23112869 pok23ad.frm - “Exhibit ent and Promisso Agreem Loan ry Note ATION PROVISION. IN SECTION 20 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITR EFFECT ON THE EVENT OF A DISPUTE, THE ARBITRA’ TION PROVISION WILL HAVE A SUBSTANTIAL CLASS ACTION. YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A Date of Loan: October 28, 2015 Loan No,: HIBD466 LenderiCreditor: Webbank colo Avant 640 N LaSalle St, Ste 535 Chicago, IL 60654 Borrower: Rinah Landers 33540 S Gem Pl, Black Canyon City, AZ 85324 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate, 27.96% FINANCE CHARGE The dollar amount the credit wil cost you. $5374.74 Amount Financed ‘The amount of credit provided to you on your beh ‘sum of $8000.00; (b) simple interest on the outstanding principal balance, trom November 2, 2015 through the eatlier of the date your final payment is due or the date the Loan is paid in ful, at the daily rateof 0.07657534%, which corresponds to an annual rate of 27.95%; and (c) any and. ‘all other amounls that become due and payable under this Note (collectively, the “Debt"). 3. Note Payments; Application of Payments. {@) This Note is payable in 48 substantially equal monthly instal iments, including () 47 payments of $278.64, commencing Wednesday, December 02,However,2015; and (i) a single final payment of tha if your due date is the 29", 90", or remaining amount outstanding under 1 the Loan, payable one month later (the *Maturty Date" * ) . Payments will be due on the same day of each month. 318, and the curtent month is shorter, your payrment will be on the last day of the month. If any Payment is scheduled on a dale we are nol open (or business, then you agree fo pay us on the next i t on the appropriate Payment Date. On the Maturity Date, any unpaid Debt will be payable in ful. Unless modifi ed by a Payment business day, and we will credit such payment '2 il we received to, among other things, any payments not made on prior required payments (and the estimated am .ount in the TILA Disclosures) due Plan, the final required payment will ikely vary Somewhat from date tha fall on days that are not business days. Payment 1 s wil be applied tirst to outstanding the scheduled payment date, the difering lengths of months, and monthly anniversarles of the tuncing ‘charges, if any, then to accrued interest and then to principal. payment method checked below is based on your previous selection. You understand bethatreceived we wil process your payments (©) You may choose to repay by either of the following options below. The Jhockod bolow, which gives you convenience and gives us security that payments wil on time, ‘provided in the Payment Schedul in subsection (a) above by the mathod cl authorize us to initiate an electronic debit to the checking account you elect for this purpose during the application _ Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby the application process, hereinatter called “Depository.” You authorize us to electronically you identify during process, herolnalter called “Your Bank Accourt,” al the ‘depository financial inetitutlonprovided on each scheduled payment date. You also authorize us to re-initiate su ich ACH debit a total of two debit Your Bank Account in accordance with these provi /sions for amounts owing debit to Your Bank Account must comply wilh the provisions ‘additional times (i! necessary) for the same amount if the ACH debit is dishonored. ‘You acknomedge that the origination of an electronic of US. law. ‘Your Bank Account Information. If there is any missing or ‘erroneous information regarding Depository or Your Bank Account, then you authorize us to verity and correct the information. You promise thal the information thal you provide to us relaling to Your Bank Account comesponds to a legitimate, ‘open and active account and that you have the ‘ight to initiate (and to authorize us to initiate) electronic debits from Your Bank Account. on or after each schedled payment dale and any Payment Dates. You ac) snowtedge that this authorizationis an authorization fo inate an electronic debit to Your Bank Account date inclu in adedPayment Plan, as set forth in this Note. manner as to afford us and Depository a reasonable ‘Termination. You understanandd acknowledge thal you may terminate this authorization by nalilying us in such time and ‘opportunity to act on it. will be in an amount between the amount of the scheduled payment and thebasedtotalon amount of any Range of Debits and Notice of Variation. Our debit is to Your Bark Account additional charges and/or fees incurred under this Note, of a lesser amount owing your payment scheduled payments past due at the time we initiate t he debit, plus any history. On each scheduled payment date, we will not debit Your Bank Account for may more than the scheduled payment plus the total amountof scheduled payments past ‘due al the scheduled time we initiate the debit (plus additional charges and/or fees, as applicable). You elect to receive notice of the date and amount of each debit that varies from the range, then payments in advance by contacting us at 800-712: 5407, oF at 640 N. La Salle Dr., Suite 535 Chie: ‘ago IMinois 60654. If a debit amount will fall outsideof the specifieddebit. electronicall y notify you of the amount of the ‘debit and the date on or after which we will debit such amount, at least ten calendar days before the scheduled ‘we will debi as needed to reflect those partial prepayments, Portal Prepayments. It you make any partial prepayments, then you authorize us 10 vary the amount ofthe electronic Addition: al Amounts. You further authorize us to initiate separale electronic debitsFeeto Your Bank Account for any applicable amounts provided in his Note, You also authorize us to initiate separate elactronic debits to Your Bark Ac scount for any applicable Late or Dishonored Payment Fee. Full Force and Effect. This authorizationwill remain in ful force and effect unl we have received wntten notification from you ofits termination in such lime and in such manner {as to aflord us and Depository reasonable opportunity to act on i t . You may ‘send written notification by email to suppod@avant.com or by mail to Avant, ATTN: Compliance linois 60654. Upon terminal tion of this authorization , you will be deemedto have selected the Remotely Created Check option Department, 640 N. La Salle Dx., Suite 535 Chicago ‘below for all subsequent payments. Error Correction. In the event we makean errorin processingany payment, you authorize us to initiatea payment to or from Your Bank Accounl to corect the enor. ‘Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO SELECT PAYING. THIS ELECTRONIC DEBIT AUTHORIZATION TO ENTER A TRANSACTION WITH US. THIS ELECTRONIC DEBIT AUTHORIZATION IS FOR YOUR CONVENIENCE IN BY SELECTING THIS OPTION, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY. X Remotely Crested Check. By selecting the Remotely Created Check option, you authorize us to create paper checks bearing your typed nameprocess, and other information as may be required under ‘applicable law, raher than your handwritten signature, drawnon the checking or savings account you elect for this purpose during the application hereinaiter called "Your Bank Account,” at the depository financial tion you identity during the application process, hereinafter called “Depository,” and to submit each check for payment to the Deposttory in the amount ot each payment ‘owing to us under this Note on or after each scheduled payment date and any payment date included in a Payment Plan (‘Remotely Created Check”), ‘otherwise known as a demand draft, telecheck, preauthorized draft or paper draft. You ‘agree thal we may resubmit up to two times any Remotely Greated Check that is dishonored, It a Remotely Created Check is weretumed unpaid by Depository, then you authorize us to create and submit ‘a Remotely Created Check for any applicable Late Fee or Dishonored Payment Fee. On each scheduled payment date, will not submit a Remotely Created Check to Your Bank Account for more than the scheduled payment plus the total amount of scheduled payments, ppast due at the time wa submit the Remotaly Created Check (plus additional charges andlor fees, as applicable). You agree that your typed name or other designation mandated by applicable law will constitute your authorized signature fully reflecting your intent to ‘authenticate any such Remotely Created Check. If you believe we have charged Your Bank Account in a manner not contemplated by this authorization, then please contact us. You authorize us to vary the amount of the amount of any Remotely Created Check as neaded to repay amounts owing, as mocitied by any partial prepayments 4. Prepayment. ‘You may prepay the Debt in whote or in part at any time without penalty. 5, Fees and Charges. (2) You will be charged a late fes of $25.00 if any scheduled payment is not paid in full within 10 days after its due dale. (0) We will charge you a Dishonored Payment Fee of $15.00 each time any payment we initiate or you make in connection with this Note or the Debt is retumed unpaid, 6. Use of Proceeds. You promise that you will use the proceeds of the Loan for the purposes you have stated and not for any student loan ar any illegal purposes. 7. Detoult/Remedies. 1: (a) you fail to make any payment when due; (b) any bankruptcy, receivershipof insolvency proceeding is initiatedby or against useyoutoorgenerale you make any assigament for the benetit of creditors; (c) you se; (d) you Tail to keepany promise or meel any other obligation in this Note; (@) you fail to keep in force a bank account we can electronic payments or Remotely Created Checks for monthly payments: or (f) we discover that you have made a material misrapresentation, then, ‘subject to applicable law (including any notice of cure right under applicable law), we may declare all ‘Debt under this Note immediately due and payable, exercise any right providedby applicable law and, if the Debt is referred for collection to an attomey who is not a salaried employee of ours, charge you reasonable altomeys' fees permittedby applicable law. 8 Walvers. We may accept late or partial payments, even though marked “paid in full” or with tar language, without losing any of our rights{o) demand under this Note, and we may delay enforcing any of our rights Under this. Note without lasing them. We do not have to: (a) give notice that amourts due have not been paid (netice ‘0 dishonor), payment of amounts due ("presentment"), or (c) obtain ‘an ollicial cortication of nonpayment (‘protest’). You hereby waive noticeof dishonor, presentment and protest. Even it, ata time whan you are in default, we do not require you to pay immediately ink full as described above, we will sill have the right to do so if you are in default at some other time. Neither our failure to exercise any of our rights, nor our delay in enforcing or exercising any of our rights, will waive those rights in whole or in part, regardless of how often we fall or delay in enforcing or exercisin g such nights. ~ ol the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document To the fullest extent permitted by applicable law, no extensionof time for payment ‘of any panchange, discharge, terminate or affect your unconditional abil ‘and that of any other person or party who ‘oF agreement relating to the Debt or this Note shail release, modity, amend, waive, extend, ‘may become liable for the payment of all or part of the Debt 9, Applicable Interest and/or Loan Charge Maximums Will Be Observed. this Note or the Debt is firaly interpreted so thatthe interest or other charges or fees collecteg or to be collected in Notwithstanding any provision of this Note to the contrary, 1t any law applicable (a)to any ‘such interest, charge or fee shall be reduced by the amount necessary t0 reflect and be in compliance with the ‘connection with the Debt or this Note exceed the legally permitted limit, then: to make this refund by such sums would otherwise exceed a permitted Kit, will be refunded to you. We may choose maximum permitted limit; and (b) any sums already collected, to the extent reducing the Debt and/or by making a direct payment fo you. 10, Severability. “The unenforceabi lity of any provision of this Note shall not affect the enforceability oF validity of any other provision of this Note. 11. Notices. in writing and shall be deemed to have been duly given and effecti ve it delivered in person, by recognized messenger upon receipt ‘Ail notices and other communications under this Note shall be given {for notices we give you on our website, Any notice to you may be delivered in accordance with the consent to service or by facsimile, email or other electronic transmission and upon posting for you in our records. ‘Any notice fo us must be sent to Avant, 640 N. La Salle Dr., Suite 535 Chicago Minis 60654 electronic communications you have executed oF to the address we maintain unless a different address for notice is later provided in writing by us to you. 12, Assignment. You may not assign any of ‘your obligations under this Note without our written permission, whichapplwe toareall notof required to give. We may assign this Note at any time without your permission. Unless prohibited by applicable law, ‘we may do so without telling you. Your obligations under this Note your heirs, successors and permitted assigns, if any. Our rights under this Note applyin 10a us and each of our successors and assi 1s, Ownership of this Loan Agreement and Promissory Note (and rights purpose hereunder, inching with respect to principal and interest) shall be registered or record of ownership maintained by an entity specifically designated for such purposes, acting solely for ihis as y‘jour irrevocably appointed agont. Any assignment or transfer of, this Loan Agreement and Promissory Nota (or rights ‘horeundor) will be valid only if and when it is registered in such record of owners! hip. You shal treat each person whose name is. pattcipation in, as appkcable, for all purpose of this Loan Agreement and Promissory Note, including, but not limited 10, the fights10 registered in the record of ownership as the owner, assignee or participant, ‘payments of principal and intorest. 13, Governing Law. by federal {aw and, 1o the extent stale law applies, the law of the State of Except to the extent, if any, prohibited by applicable law, thiis Note and ail controversies relating to this Note are governed Utah. 14, Amendment. us. ‘Note may not be amended, modified or limited except by 2 written agreement executed by both you and 15, Contacting You; Phone and Text Messages. dialing systems, lial oF prerecorded You authorize us and our affiliates, agents, assigns and servi ficeted providers (collectively, the “Messaging Parties") to contact you using automatic tel lephone including information about upcoming payment email systems in order to provide you with information about this Note and the Debt, voice message systems, text messaging systems and automat Parties to make such contacts ‘any telephone numbers {including wireless, landline and VOIP numbors) or due dates, missed payments and retumod pay yyments. You authoriza the Messaging of amounts you owe the Messaging Parties or any with y jou Loan application , the Messaging Parties’ servicing andlor collection ‘email addresses you supply {o the Messaging Parties in connection eor‘email account may listen 10 or read the messages the t Messaging Panties leave or send you, and you agree that the ‘other matter. You understand that anyone with access to your telephon messages. ‘You further understand that, when you receive a telephone call, text m jessage or email, you may incur a charge {rom Messaging Parties will have no liability for anyone accessing such the company that provides you with telec« ‘ommunications, wireless andior Intemet services, and you agree that the Messaging Pasties will have no liability for such charges. You expressly authorize the Messaging Parties ‘monitor and record your calls with the Messaging Parties. You understand that, at ary time, ‘you may withdraw your consent fo receive text messages and calls 10 your cell phone or to receiveartticial or prerecorded voice message system calls by c saling the Messaging Parties at (800)bottom712-5407. To stop text messages, you can also simply reply “STOP” to any text ‘message he Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the of the Messaging Parties’ emails. 16. Credit Reports and Monitoring. agencies. Late We may obtain credit reports on you on an ongoing basis until tis Note is paid in fll. We may report information conceming yous performance under this Note to credit reporting payments, missed payments or other defaults on this Note may be reflected in your credit report 17. Credit Bureau Disputes. If you believe we have inaccurately reported information about you or this Note to a credit reporting ag jency, call us is atinaccurate. 800-712-5407 or send an email to us al suppot@avant.com. You will need to provide your Loan Number along with a copy of your credit bureau report reflecting the information that ‘you believe It you believe that you have been the victim of identity thelt, submit ‘an identity theft affidavit or identity theft report. 18. Bankruptcy. You prom!Ise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attome in the pasty sbx months and have no current Intention of filing a petition for reli! and must under the United States Bankruptcy Code. Any communication vith us roguired of permitted under the United States Bankruptcy Code must be in writing, must include your Loan Number be sent to us at Avant, 640 N. La Salle Dr., Suite 535 Chicago Illinois 60654, Attn: Bankruptcy Notice. 1 Non-Negotiable Instrument. ‘This Note is not a negotiable instrument Arbitration Provision. (a) Etfect of Artitration Provisi Aight to Reject. (i) Unless prohibited by applicable law and unless you ‘eject this Arbitration Provision in accordance with subsection (a)(i) below, you and we agree that eithar party may elect to arbitrate or raquire arbitrationof any Claim under this Artitrationnotice Provision. {ji i you do not want this Arbit Provisionratioto apply, younmay reject it within 30 days after the date of this Note by giving us notice of rejection in accordan withce11. The rejection must: (A) provide your name and address and Loan Number; and (B) state that you are rejecting the you can reject arbitration. Your rejection of ‘Arbitration Provision in this Note. Nobody else can reject arbitration for you (except an attomey at law you have personally retained); this [s the only way ‘arbitration will not affect your right to this Note or the terms of this Note apart from this Arbitration Provision. (0) Certain Definitions. As used in this Arbitration Provision, the following terms have the following meanings: (i) References to “we,” “us* and "our include WebBank, Avant, Inc. (Avant*), any assignees of this Note or interests in this and Note, ‘and all “Related Panties" ~ “Related Parties” mears all of our parent ‘companies, subsidiaries and affiliates, and all of the em ployees, directors, officers, shareholders, govemors, or managers memt bers WebBank, Avant and other Related Parties, Our “Rotated third parties thal you bring a Claim against att the same time you bring a Claim against us any other Related Party. Parlies” also include any Relaled Party) thal arises from or relates in any way to this Note or the Debt (including any amendment, (i) “Claim means any claim, dispute or controversy between you and us (including our marketing, advertising, ‘solictalions and conduct relating to this Note or any such prior note: our collection of any ‘medication or extension of this Note); any prior note from you to us; any of kind and nature, including ‘amounts you owe; or our disclosure of or failure to protect any information aboutclaims, you. “Claim” is to be givejen the broadest reasonable meaning and includes claims lawof every nile (including rules relating to , cross-claims and third-party and claims based ‘on constitution, statute, regulation, ordinance, common ‘but rot lirvited 1o, intial claims, counterclaims disputetes thal seok relief of any type, including damages and/or injunctive, declaratoryremoved, or other equitable relief. contracts, torts, negligence, fraud or other intentional wrongs) and equity. It byincludes you in small claims court of your stale's equivalent court, unless such action is transferred, or appealed to a Despite the foregoing, “Claim* does not include any individual action brought coverage or scope of this Arbitration in the immediately following sentence, “ Jim* does not include disputes about the validily, enforceabilily, different court. In addition, except as set forth MultiParty Claim Waiver’), the last sentence of subsection @) and/or this Provision ot any part thereof (including, without limitation, subsections (IX), (Gv) andlor (N(v) (the “Class Action and sentence); all such disputes are for a court and not an arbitrator to decide. However, any disputeor argument that concems the validity or enforceability of this Note as a whole is for the arbitrator, not a court, to decide. a Ciaim in any Proceeding and "Delending Party” (ii) "Proceeding” means any judicial or arbitration proceeding regarding any Claim, “Complaining Panty" means the pany who threatens or assertsa Defending o actual Claim. "Ciaim Notice” means written noticeof a Claim from a Complaining Party 10 ‘means the party who is a subject of any threatened Party. (¢) Arbitration Election; Administrator; Arbitration Pues, (9A Proceeding may be commenced alter the Complaining Party complies with subsection (k}. The Comp! Jaining Party may commence the Procesding eitheras a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accorda celillywithasserts this subsection (c). If a lawsuit is filed, the Defending Party may a Claim in a lawsuit on an individual basis but then seeks 10 elect to demand apbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. If the Complaining Party ‘assert the Claim on a class, representalive of muti-party basis, the Defending Party may then ‘ect to demand arbitration. A demand fo aftitrate a Claim may be given in papers or motionsovenin iaf lawsuit, H you demand that we arbitrate a Ctaim initially brought against you i ‘a lawsuit, your demand wil constitute your consent to asbitrate the Claim with the administrator of our choice, the administrator we choose does not typically handle arbitration proceedings initiated against consumers. (i) Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provisionand the applicable rules of the arbitration administrator in effect at the t 1¢ the arbitration is commenced, The ‘arbitration administrator will be the American Arbitration Association AAA"), 1633 Broadway, 10thboth Floor, New York, NY 10019, www.adr.org.; JAMS, 620 Ei In Avenue, 34th Floor, New York, NY 10018, ww jamsadrorg: or any othor company selected by mutual agreemen t It of the partes. AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consert, the administrator will be selected by a cour. Notwithstanding any Tanguage in thispocyArbitration Provision to the contrary, no artitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator thal has in place a formal or informal tha is inconsistent with the Class Action and Muti:Party Claim Waiver. The arbitratorwil be selected under the administrator's rules, xcept that the arbitrator must ba a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise. (0) Non-Waiver. Even if all parties have elected to litigate @ Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit {including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multiparty basis), and nothing in 1 hat tigation shall constitute a waiver of any fights under this Artitration Provision. This Arbitration Provision will epply 10 all Claims, even il the facts and circumstances giving rise to the Ciaims existed before the effective date of ths ‘Arbitration Provision. (©) Location and Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on consider the papers submitted by the parties and/or through a telephone hearing. However, any arbitration heasing that you attend wall take place ‘location thal is reasonably convenient for you. We will and we anywill goodnot soak faith request you make for us to pay the administrators oF arbitrators fling, administrative, hearing andor other foes if you cannot obtain a waiver of such foes from the administrator or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or thal ‘we must pay in order foror this Arbitration Provision to be enforced. We will pay the reasonable {ees and costs you incur for your attorneys, experts and witnesses it you are the prevailing party in an attitration your Proceeding il we are required to pay such amounts by applicabie law or by the Claim is for a small amount. Notwitanyhstand Arbitration language in thising administrators rules. The aftitrator shall nol limit the attomeeys' fees and costs to which you are entitled because Provision to the contrary, if the arbitrator finds that any Claim or delense is frivolous or asserted for an improper purpose {as measured by the standards setimpairforththein enforceability Federal Rule of Civil Procedure of this Artitratlon 11(b)), then the arbitrator may award attomeys* and oth or foes related to such Claim or defense to the injured party so long as such power does not Provision. () No Class Actions Or Similar Proceedings; Special Features Of Arbitration. IF YOU OR WE ELECT TOAl (BITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) HAVE A COURT OR A JURY DECIDE THE CLAII }) OBTAIN INFORMATION PRIOR TO THE HEARING TO TH E SAME EXTENT THAT YOU OR WE COULD IN COURT; (ii) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITI RATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER ORINGCLASS OPPONENT; (v) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLV! ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. (0) Getting information. in edition to the partes’ rights under the administrators rules to obtain information prior to the hearing, either party may ask the aviator for ‘more information from the other pany. The arbitrator wil decide the issue in his or her sole discretion, alter allowing the other party the opporturity to object. (h) Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final require and binding, except for: (i) ary appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq, (the “FAA"); and (i) Claims involving more than $60,000 (including Claims thal may reasonably injunctive rele! costing more than $50,000). For Claims involving more than $50.000, any part 'y may appeal the award to a three-arbtrator panel appointed by the administrator, which wil reconsider anew any aspect of the initial award that is appealed. The panet’s decision wil be final and binding, except for any appeal right under the FAA. Costs in connection with any si such appeal will be bone in accordance with subsection (e) of this Arbitration Provision. (0) Goveming Law. The Note involves interstate commerce and this Arbitration Provision shall be govemed by the FAA, and notfollowFederal or state rules of civil procedure or evidenceor any state laws, thal portain specifically to arbitration. The arbitrator is bound by the terms of this Arbit ration Provision. The afbitrator shall applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shail be authorized to award all remedies available in an in individual lawsuil under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable judicial proceedings), declaratory, injunctive and other equitable relict, and attorneys’ fees and costs. The arbitrator shall i¢sue a reasoned written decision sufficient to explain the essential findings and conclusionson which the award is based, @ Survival, Severability, Primacy. In the event of ary contlict or inconsistency between this Arbitration Provision and the administrators rules or the rest of this Note, this Arbitration Provision will govem. This Arbitration Provision shall si ‘urvive the full payment of any amounts due under this Note; any rescission or cancellation of this Note; our sale or transfer of this Note or our rights under this Note; any legal proceeding by us to collect the Debt; and your (or our) barkruptey. If any part of this Arbit tration Provision cannot in bearyenforced, the rest of this Arbitration Provision will continue to way impairing the right 10 appeal such decision, this entre ‘apply. However, i the Class Action and Mulli-Party Claim Waiver is declared invalid in a proceeding between you and us, without ‘Arbitration Provision (other than this sentence) shall be null and void in such proceeding. {k) Pre-Dispute Resolution Procedure. Belore a Complaining Party assets a Cizim in any Proceeding (including san individual itigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1) a Claim Notice provici ing at least 20 days’ written notice of the Claim and explaining inyoureasonable detail the nature of the Claim and ‘any supporting facts; and (i) a reasonable good faith opportunity to resolve the Ciai im on an individual basis without the necessity of a Proceeding, If are the Complaining byParty. you must send an altomey, to your any Clai