Preview
INSTRUCTIONS TO DEFENDANT Ca
(NOTICE TO PERSON BEING SUED)
JD-CV-121 Rev. 2-18
STATE OF CONNECTICUT
SUPERIOR COURT
wae
www.jud.ct.gov
Gat a
Please read the instructions carefully.
For more information, get a copy of How Small Claims Court Works (form JDP-CV-45) from a Clerk's Office, Court
Service Center or on the Judicial Branch website, at www.jud.ct.gov/publications/CV045.
You may also find information on the Small Claims Frequently Asked Questions page on the Judicial Branch website at
www.jud.ct.gov/faq/smallclaims.html or by contacting the clerk's office or a Court Service Center.
What is the Small Claims Writ and Notice of Suit (form JD-CV-40) that | have received?
The person suing you (called the plaintiff) has delivered to you (served on you) a copy of the Small Claims Writ and
Notice of Suit (form JD-CV-40) and any documents related to your case. The Small Claims Writ and Notice of Suit
contains the plaintiffs complaint, which explains how much money the plaintiff claims you owe them and the reasons
why the they think you owe them.
How do | defend my case?
In order to respond to the plaintiff's complaint, you must complete an Answer form and return it to court. The court will
send you an Answer form. The Answer form will tell you the court house where you must return the form and the
date by which you must return it.
You should receive an Answer form within six (6) weeks, but if you do not, call the clerk's office to ask why you have
not received it yet. Do not file a response until you receive an Answer form.
The Answer form contains an Answer section, where you respond to the plaintiff's claims, and a Counterclaim section,
where you can make claims against the plaintiff. The Answer section must be completed. It is up to you whether you
complete the Counterclaim. There is a fee for filing a counterclaim, which is discussed below.
How do | respond to the plaintiff's claims? - Filing an Answer
The Answer is your chance to respond or reply to the plaintiffs claim. You may admit or deny all or part of the plaintiff's
claim. Your Answer should be specific, but brief. Complete the form and sign it. Keep a copy for yourself and send a
copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy
to the plaintiff. If you are not filing a Counterclaim, send the original Answer form to the court at the address listed on
the form by mail, fax or hand delivery. The court must receive your Answer form on or before the Answer Date. If
you are filing a Counterclaim, see the discussion on Counterclaims, below.
What if I know I owe the plaintiff some money?
If you know you owe the plaintiff something, but do not agree on the amount in the claim or are not sure how much you
owe, you should file an Answer. This gives you a chance to come to court for a hearing (also called a trial) to question
how the plaintiff added up the amount claim or to say why you think the amount should be different.
What if | admit that | owe the plaintiff all of the money they are asking for but want time to pay?
If you are sure that you owe the entire amount claimed by the plaintiff but want or need more time to pay, you may say
this on the Answer form and file it with the court. You may ask for a period of time during which you can make
payments in an amount that you suggest. If you ask for more time, but do not ask for a specific time period or amount,
the court will enter a judgment with an order of payments of $35 each week until the judgment is paid. If you ask to pay
less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business
and a judgment against a landlord for return of a security deposit will be ordered to be paid in a lump sum.
What if | pay the full amount plus costs, if any, before the Answer Date?
If you pay the plaintiff, plaintiff's representative, or plaintiff's attorney the full amount of the claim plus costs, if any,
before the Answer Date, you should say that on the Answer form and file it with the court.
Do not send payment(s) to the Court.
What should | do if the plaintiff owes me money? - Filing a Counterclaim
If you claim that the plaintiff owes you money, you may wish to file a Counterclaim. First, you should complete the
Answer portion of the Answer form. Then you may complete the Counterclaim section of the Answer form. In that
section, explain why you think the plaintiff owes you money and how much money you claim the plaintiff owes you.
When you have completed the form, sign it. Keep a copy for yourself and send a copy to each attorney or other
representative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. Send the original
Answer form to the court at the address listed on the form by mail or hand delivery along with a filing fee of $95. The
court must receive your answer form on or before the answer date. You cannot fax a Counterclaim and its
filing fee to the court.
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What happens if | do not file an Answer?
If you do not file an Answer in writing with the court, a money judgment may be entered against you. This is called a
default judgment. After the Answer Date has passed, your case will be reviewed by a Magistrate, who will decide
whether a judgment should enter without a hearing or if a hearing must be scheduled. The Magistrate may award the
plaintiff the full amount of their claim, plus court costs.
What happens if | file an Answer? Will | have a trial?
If you file an Answer, the Court will schedule a hearing (also called a trial), if one is required. The court will send you
a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing
on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible.
What happens if | file a Counterclaim? Will | have a trial?
If you file a Counterclaim with your Answer, a notice will be sent to you and the plaintiff letting everyone know that a
Counterclaim has been filed and telling the plaintiff when they must file their Answer to the Counterclaim. After the
Counterclaim Answer Date has passed, the court will schedule a hearing (also called a trial), if one is required. The
court will send you a notice letting you know exactly when and where your case will be heard. Do not come to
court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as
possible.
What do | need to bring to Court for my hearing (trial)?
On the day of your hearing, you should bring all of your witnesses and any evidence you have. This may include bills,
invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defective or
damaged goods that can be brought safely and easily into the court. Be prepared and organized so that you can
present your complete case. A small claims judgment cannot be appealed.
ADA NOTICE
The Judicial Branch of the State of
Connecticut complies with the Americans with
Disabilities Act (ADA). If you need a resonable
accommodation in accordance with the ADA,
contact a court clerk or an ADA contact person
listed at www.jud.ct.gov/ADA.
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Loan Agreement and Promissory Note
SECTION 20 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN
ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION
PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS,
INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
Date of Loan: September 15, 2021
Loan No. 663
Lender/Creditor:
WebBank
cio Avant
222 N. LaSalle St., Suite 1700
Chicago, IL 60601
Borrower:
Marion Elijah Sumner Harris
88 TAYLOR AVE,
NORWALK, CT 06854
FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES
ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly rate.
23.95%
FINANCE CHARGE
The dollar amount the credit will cost you.
$1645.51
Amount Financed
The amount of credit provided to you or on your behalf.
$4000.00
Total of Payments
The amount you will have paid after you have made all payments as scheduled
$5645.51
Payment Schedule: You must make 35 monthly payments of $156.81, with the first payment due on Sunday, October 17, 2021, and each
subsequent payment due on the same day of each month thereafter, and a final payment of $157.16 plus any unpaid fees, charges, and
interest due on Tuesday, September 17, 2024
Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment.
Late Fee: If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee.
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (AITO CO
Prepayment: If you pay off early, either in full or partially, you will not have to pay @ penalty and you will not be entitled to a refund of part of
the finance charge.
See the remainder of this Note for any additional information about nonpayment, default, and any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
Itemization of Amount Financed
The Amount Financed of $4000.00 is calculated as follows:
$4000.00 Principal Loan Amount
less
$0.00 Administration Fee retained by WebBank
equals
$4000.00 Amount Financed
$4000.00 of Amount Financed is given to you directly
$0.09of Amount Financed is paid with respect to your existing loan serviced by Avant (Existing Payoff Amount)
ADDITIONAL PROVISIONS
1. Parties, Status of Application; Further Steps Before Approval and Funding of Loan.
WebBank, an FDIC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as Lender/Creditor
((WebBank’) is the lender of this loan (‘Loan’). In this Loan Agreement and Promissory Note ("Note” or "Agreement’), the words “you, on your”
and “Borrower(s)" mean the Borrower(s) identified above. The words “we, om us,” and “our” mean WebBank, and after consummation any person
who obtains WebBank’s rights in this Note. We have not yet committed to make the Loan. We will only be committed to make the Loan if and
when we i te, in Utah, a tramsfer of funds from our office: the proce: of applying
Utah to the be 1k account you identily for this purpose
for the Loan or in connection with the Existing Payoff Amount referenced above to another accaunt on your behalf. Any of our rights, actions,
privileges or obligations which are permitted or required to be determined or performed hereunder may be determined or performed by our
service provider and such determinations or actions shall have the same effect as if taken by us.
2. Promise to Pay: Interest.
If all conditions to funding the Loan are met (see Section 1) and the Loan is funded: (a) $4000.00 of the Amount Financed will be depasited into
Your Bank Account as defined below and $0.00 of the Amount Financed i: paid with respect to your e: ting loan serviced by Avant, LLC
(‘Avant’) and (b) you promise to payto us (i) the Principal Loan Amount of $4000.00; (i) simple interest, which accrues daily on the outstanding
principal balance, from September 17, 2021 until the date the Loan is paid in full, at the daily rate of 0.06564384%; and (iii) any and all other
amounts that become due and payable under this Note (collectively, the "Debt").
3. (a) Note Payments; Ap| ion of Payments.
Per the Payment Schedule, this Note is payable in 36 substantially equal monthly installments, including (i) 35 payments of $156.81,
commencing Sunday, October 17, 2021; and (ii) a single final payment of $157.16 on Tuesday, September 17, 2024 (the "Maturity Date”). On
the Maturity Date, you shall also be responsible for paying any outstanding fees, charges, and interest. Payments will be due on the same day
of every month (such day of the month, or such other day of the month as you and we shall mutually agr in the future, being the “Monthly Due
Date’). You may choose to repay by either of the options below in the Section 3(b) Payment Authorization as well as any other
reasonable form of payment that we permit including but not limited to paper check. We have based the Payment Schedule on the
assumption that you will pay all payments as scheduled. If any payment is scheduled on a date we are not open for business, then you agree to
pay us on the next business day, and if such amount is paid on such next business day, we will credit such payment as if we received it on the
applicable Monthly Due Date. Payments will be applied first to outstanding fees, if any, then to accrued interest, and then to principal. On the
Maturil Date, any t 4 Debt will be payable in full. Unless modified by you and us, the final requ ed payment will likely vary somewhat from
prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history
causes the interest owing to be less than the above Payment Schedule, we will adjust your final payoff payment to reflect such decrease. If your
payment history causes the interest owing to be more than the above Payment Schedule or if any unpaid Debt remains after the Maturity Date,
then interest will continue to accrue on the outstanding principal balance at the daily rate set forlh above in Section 2 of this Agreement until
your obligations, induding outstanding principal balance, are paid in full.
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3. (b) Payment Authorization.
The payment method checked below is based on the payment method you selected during the application process. However, you may
choose to repay by any other reasonable farm of payment that we permit, including but not limited to mailing a paper check. To make
a payment via paper check, cashier's check, or money order, you can mail your payment to: c/o Avant, LLC, PO Box 9183380, Chicago, Illinois
60691-3380. Please note that any payment sent via physical means will be effective the day it is received, however, it may take up to 3
business days from the date the payment is received for it to be reflected on your account. Please note that post-dated checks are not an
acceptable payment method and may not be effective the day they are received. If you wish to change your payment method, you may contact
us by communicating with Avant at 800-712-5407 or suppor@avant.com. You understand that we will process the payments provided for under
this Agreement by the method checked below, which gives you conve nce and gives us security that payments will be received on time.
X Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby authorize us to initiate an electronic debit to the bank account you
elect for this purpose during the application process, or any substitute account you later specify, hereinafter called “Your Bank Account,” at the
depository financial \stitution you identify, hereinafter called “Depository.” You authorize us to electronically debit Your Bank Account in
accordance with these provisions for amounts owing on or after each scheduled payment date in the Payment Schedule, or for other amounts
and dates as provided in the provisions below.
Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account,
then you authorize us to verify and correct the information. You promise that the information that you provide to us relating 10
Your Bank Account corresponds to a legitimate, open and active account of which you are an owner and that you have the right
to initiate {and to authorize us to initiate) electronic debits from Your Bank Account. You acknowledge that Your Bank Account
also includes any bank account that you may designate for payment in the future, and which we confirm in writing with you.
Dates and Amounts in the Payment Schedule. You acknowledge that this authorization is an authorization to initiate an
electronic debit to Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you to
us under this Agreement. You authorize us to initiate an electronic debit for any amount owing in connection with your final
payment to the extent such amount is less than your monthly payment amount.
Dates and Amounts Post Maturity Date. If, on the Maturity Date, any unpaid Debt remains and you do not instruct us to debit
the full amount of your outstanding balance on the Maturity Date, then you authorize us to continue to initiate electronic debits to
Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal to the monthly payment
amount ($156.81) set forth in your Payment Schedule, or if less, the remaining balance, including fees, charges, and interest,
until your obligations are paid in full.
You authorize us to initiate electronic debits to Your Bank Account on or after each scheduled payment date, including Monthly
Due Dates, for amounts due under any modified payment arrangement as set forth in the “Other Payment Arrangements”
section under this Direct ACH Debit provision.
Termination. You understand and acknowledge that you may terminate this authorization by notitying us via email at
support@avant.com or by mail to Avant, ATTN: Compliance Department, 222 N. LaSalle St., Suite 1700, Chicago, illinois 60601
at least three business days before you wish to terminate this authorization or in such time as to afford us and Depository a
reasonable opportunity to act on your request. If an electronic debit is returned to us, we, or our service provider acting on our
behalf, may terminate any future recurring electronic debits. If this occurs, you will be responsible for making your payments by
some other method acceptable to us.
Authorization to Vary Amounts. You understand that you have the right to receive written notice if an electronic debit will vary
from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com,
or by mail at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. Unless you exercise this right, you authorize us to vary the
amount of any electronic debit without notice so long as such debit is no more than the amount authorized above.
Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of the electronic debit as
needed to reflect those partial prepayments. Any partial payment must be received at least 3 business days prior to an electronic
debit to ensure an electronic debit amount is varied to reflect such partial payment.
Additional Amounts. You further authorize us to in te single electroni Gebits for the combined amount of a monthly payment
and a late fee that comes due under this Note and separate electronic debits to Your Bank Account for any applicable amounts
that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates they become due.
Instead of or in addition to any electronic debits described abave, you authorize us to electronically debit Your Bank Account for
any amount and on any date that you subsequently confirm by phone, text message or e-mail.
Other Payment Arrangements. If we agree, you may enter into a modified payment arrangement that may change certain terms
of this Payment Authorization. If you and we agree to change any terms of this Payment Authorization, including the dates or
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil
amounts of scheduled monthly payments, all other provisions of this Payment Authorization not changed will remain in full force
and effect. Unless otherwise specified in the terms of your modified payment arrangement, if you fail to satisfy your ot ations
under any payment arrangement, you complete your obligations, or we terminate a payment arrangement, then you authorize us
to debit Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior
to the modified payment arrangement, in accordance with this Payment Authorization.
Error Correction. In the event we make an error in processing any electronic debit, you authorize us to initiate an electronic
debit or credit to Your Bank Account to correct the error. if you believe we have initiated a payment in a manner not contemplated
by this authorization, then please contact Avant at 800-712-9407 or at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601.
Applicable Law. You acknowledge that the origination of electronic debits from Your Bank Account must comply with the
provisions of U.S. law.
Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO AGREE TO THIS ELECTRONIC
DEBIT AUTHORIZATION TO ENTER INTO A TRANSACTION WITH US. BY SELECTING THIS OPTION, YOU
ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY.
Pay By Mail. You agree to make your monthly installment via paper check. To make a payment via paper check, you can mail your payment
to: cfo Avant, LLC, PO Box 9183380, Chicago, Illinois 60691-3360. Please note that any payment sent via physical means will be effective the
day it is re d, however, it may take up to 3 business days from the date the payment is received for it to be reflected on your account.
Please note that post-dated checks are not an acceptable payment method and may not be effective the day they are received.
4. Prepayment.
You may prepay the Debt in whole or in part at any time without penalty. That is, you will not incur any adcitional fee or charge for partial
prepayment or prepayment in full.
5. Fees and Charges.
{@) Your Loan is subject to a non-refundable Administration Fee of $0.00. This fee is deducted from your Principal Loan Amount and is paid to
WebBank as the originator of this Loan. The Amount Financed is the P1 cipal Loan Amount less the Administration Fee. Pre-payments will not
result in the refund of any Administration Fee amount. You acknowledge that the Administration Fee is considered a part of your Principal Loan
Amount and is subject to the accrual of interest.
(b) If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee.
(c) 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 returned unpaid.
6. Re-initiation Authorization.
If you choose to make any payment via electronic debit, you authorize us to re-initiate any electronic debit a total of two additional times {if
necessary) for the same amount if the electronic debit is dishonored.
7. Use of Amount Financed.
You promise that you will use the proceeds of the Loan for consumer purposes and not for any student loan of any illegal purposes.
8. Breach/Remedies.
If (@) you fail to pay any scheduled installment when due; {b) any bankruptcy, receivership or insolvency proceeding is initiated by or against
you oF you make any assignment for the benefit of creditors; (c) you die; (d) you fail to keep any promise or meet any other obligation in this
Note; or (e) we discover that you have made a material misrepresentation, then, subject to applicable law {including any notice or cure right
under applicable law), we may declare all Debt under this Note immediately due and payable, exercise any right provided by applicable law
and, if the Debt is referred for collection to an attomey who is not a salaried employee of ours, charge you reasonable attomeys' fees permitted
by applicable law.
9. Waivers.
We may accept late or partial payments, even though marked “paid in full," or with similar language, without losing any of our rights under this
Note, and we may delay enforcing any of our rights under this Note without losing them. We do not have to: (a) give notice that amounts due
have not been paid (‘notice of dishonor’), {b) demand payment of amounts due ("presentment"), or (c) obtain an oficial certification of
nonpayment ("protest’). You hereby waive notice of dishonor, presentment and protest. Even if, at a time when you are in breach, we do not
require you to pay immediately in full as described above, we will still have the right to do so if you are in breach at some other time. Neither our
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil
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 fail or delay in enforcing or exercising such rights.
To the extent allowed by law, no extension of time for payment of any part of the Debt, and no alteration, amendment or waiver of any provision
of this Note or any other document or agreement relating to the Debt or this Note shall release, modify, amend, waive, extend, change,
discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all or
part of the Debt, unless otherwise agreed to in writing.
10. Applicable Interest and/or Loan Charge Maximums Will Be Observed.
Notwithstanding any provision of this Note to the contrary, if any law applicable to this Note or the Debt is finally interpreted so that the interest
or other charges or fees collected or to be callected in connection with the Debt or this Note exceed the legally permitted limit, then: (a) any
such interest, charge or fee shall be reduced by the ammount necessary to reflect and be in compliance with the maximum permitted limit; and
(b) any sums already collected, to the extent such sums would otherwise exceed a permitted limit, will be refunded to you. We may choase to
make this refund by applying such amounts to your then outstanding Debt by reducing the Debt and/or by making a direct payment to you.
11. Severability.
Except et forth the Arbitration Provision, the unenforceability of any provision of thi Note shall not affect the enforceability or validity of
any other pro’ ion of this Note.
12. Notices.
Unless otherwise specified, all notices and other communications under this Note shall be given in writing and shall be deemed to have been
duly given and effective upon receipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic
transmission, and upon pasting for notices we give you on our website. Any notice or other communication to you may be delivered in
accordance with the consent to electronic communications you have executed or to the address we maintain for you in our records. Any notice
to us must be sent to Avant, 222 N. LaSalle St, Suite 1700, Chicago, Illinois 60601 unless a different address for notice is later provided in
writing by us to you.
13. Assignment.
You may not assign any of your obligations under this Note without our written permission, which we are not required to give. We may assign
this Note at any time without your permission. Our transfer may be made by causing 4 registration of transfer in the record of ownership as
described below, without providing you with any other notice (except where such notice is required by applicable law). Your obligations under
this Note applyto all of your heirs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors
and assigns. Ownership of this Agreement (and rights hereunder, including with respect to principal and interest) shall be registered in a record
of ownership maintained by an entity specifically designated for such purposes. You hereby irrevocably appoint Avant as your agent acting
solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder)
will be valid only if and when it is registered in such record of ownership. You shall treat each person whose name is registered in the record of
ownership as the owner, assignee or participant, as applicable, for all purposes of this Agreement, including, but not limited to, the rights to
payments of principal and interest. The record of ownership shall be made available to you in a form and manner determined by the agent
maintaining it from time to time upon reasonable prior written notice.
14, Governing Law.
Except to the extent, if any, prohibited by applicable law, this Note (other than the Arbitration Provision) and all controversies relating to this
Note are governed by federal law and, to the extent state law applies, the law of the State of Utah.
15. Amendment.
Except for orally agreed upon changes with respect to the Payment Authorization and any other changes to your Payment Schedule,
this Note may not be amended, modified or limited except by a written agreement executed by both you and us.
16. Contacting You; Phone and Text Messages.
You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties”) to contact you using manual
calling methods, automatic telephone dialing systems, anlifcial or prerecorded voice message systems, text messaging systems and automated
email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due dates,
missed payments and retumed payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including
wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with your Loan application, the
Messaging Parties’ servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with
access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the
Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call,
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil
text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Intemet services,
and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and
record your calls with the Messaging Parties. To stop commercial advertising or promotional emails, you can follow the opt-out instructions
included at the bottom of the Messaging Parties’ emails.
17. Credit Reports and Monitoring.
NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT
BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR
CREDIT REPORT. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL.
YOU UNDERSTAND AND AGREE THAT WEBBANK, AVANT AND THE HOLDER OF THIS NOTE MAY OBTAIN CONSUMER REPORTS
AND RELA TED INFORMATIO. ROM ON MOR
YOUR LOAN. INT Mi THE WING THE MONTH WHEN Y‘ PAY OFF THERW ATISFY TH
EXPRESSLY AUTHORIZE WEBBANK,. \VANT ANI FE THI: NOTETi INFOR! TAINI
EPORTS TO, AMONG OTHER THINGS, KET REFINA THER PRODUCTS TO Yt MAKE DECISIONS RELAT Oo
M HOW AIN ROM W NK OR ai
ORM O AND HAR, RMA ON W
PROFILE.
18. Credit Bureau Disputes.
If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by communicating with
Avant at 800-712-5407 or send an email to us at support@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 is inaccurate. If you believe that you have been the victim of identity theft, submit
an identity theft affidavit or identity theft report to idtheft@avant.com.
19. Bankruptcy.
You promise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and
have no current intention of filing a ps ion for relief under the United States Bankruptcy Code. If you file for bankruptey under the United States
Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant at 222 N. LaSalle St., Suite 1700,
Chicago, Illinois 60601, Attn: Bankruptcy Notice.
20. Non-Negotiable Instrument.
This Note is not a negotiable instrument.
21. Arbitration Pro n.
By signing below, you agree to this Jury Trial Waiver, Class Action Waiver and Arbitration Clause ("Clause"). We have drafted this Clause in
question and answer form to make it easier to understand. But, this Clause is part
of this Agreement and is legally binding.
Background and Scope.
‘Question Short Answer Eurther Detail
What is arbitration? An alternative to court In arbitration, a third party arbitrator ("TPA") resolves Disputes in a hearing
(hearing’). It is less formal than a court case.
\s it different from Yes The hearing is private. There is no jury. It is usually less formal, faster, and less
court and jury trials? expensive than a lawsuit. Pre-hearing fact-finding (called “discovery’) is limited.
Appeals are limited. Courts rarely overturn arbitration awards.
Can you opt-out of Yes, within 60 days If you do not want this Clause to apply, you must send us a signed notice within 60
Clause? calendar days after signing this Agreement. You must send the notice in writing
(and not electronically) to the following address: Attn: Avant - Legal Department.
222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. You must provide your
name, address and Agreement number and date of this Agreement. You must
state that you “opt out" of the arbitration clause. If you opt-out of this Clause, it will
not affect any other term of this Agreement.
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil
What is this Clause The parties’ agreement Unless prohibited by applicable law and unless you opt out, you and we agree that
about? to arbitrate Disputes any party may elect to arbitrate or require arbitration of any “Dispute” as defined
below.
Who does the Clause You, us, and certain This Clause governs you and us. It also covers certain “Related Parties." These
cover? “Related Parties" include: (1) our parent companies, subsidiaries, and affiliates; (2) our employees,
directors, officers, shareholders, members, representatives and service providers;
and (3) any person or company that is involved in a Dispute that you pursue
relating to this Agreement or your loan with us.
What Disputes does Most Disputes that This Clause govems “Disputes” that would usually be decided in court and are
the Clause cover? would normally go to between us (or any Related Party) and you. In this Clause, the word “Disputes”
court (except certain has the broadest reasonable meaning. It includes all past, present and future
Disputes about this claims directly or indirectly arising from or related to your application, this
Clause) Agreement, your loan and relationship with us and any communications relating to
the same. It includes claims based on contract, tort, intentional tort, fraud,
negligence, agency, equity, statute or regulation, or any other sources of law,
claims seeking damages or injunctive or deciaratory relief and initial claims,
counterclaims, cross-claims, third-party claims. It includes claims related to any
prior applications or agreements. It includes extensions. It includes claims related
to privacy and customer information. It includes claims related to the validi in
general of this Agreement. But, it does not include disputes about the validity,
coverage, or scope of this Clause or any part of this Clause. All such
disputes are for a court and not the TPA to decide.
Who handles the Usually AAA or JAMS Arbitrations are conducted under this Clause and the rules of the arbitration
arbitration? company in effect at the time the arbitration is commenced. But, arbitration rules
that conflict with this Clause do not apply. The arbitration company will be either:
« The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor,
New York, NY 10019, www.adr.org,
. JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org
. Any other company picked by agreement of the parties.
If all the above options are unavailable, a court will pick the arbitration company.
But, no arbitration may be admit istered without our consent by any
arbitration company that would permit class arbitration under this Clause.
The arbitrator will be selected under the arbitration company’s rules. But, the
arbitrator must be a lawyer with at least ten years of experience or a retired judge
unless you and we or the Related Parties to the Dispute otherwise agree.
Can Disputes be Sometimes Either party may bring a lawsuit in court if the other party does not demand
litigated? arbitration before or after the lawsuit is brought. We will not demand arbitration of
any lawsuit you bring as an individual action in small-claims court that is within that,
court's jurisdiction. But, we may demand arbitration of any small-ciaims action that
is transferred, removed or appealed to a different court or if any small-claims
action is brought on a class basis. Even if all parties have opted to litigate a
Dispute in court, you or we may elect arbitration with respect to any Dispute
brought by a new party or any Dispute later asserted by a party in that or any
related or unrelated lawsuit. For example, if we file a lawsuit against you in court to
recover amounts due under this Agreement, you have the right to request
arbitration, but if you do not elect to request arbitration, we reserve and do not
waive the right to request arbitration of any Dispute (including any counterclaim)
you later assert against us in that or any related or unrelated lawsuit.
CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil
Are you and we giving Yes If a Dispute is arbitrated, you and we give up our rights to:
up any rights if a 1. Have juries decide Disputes.
Dispute is arbitrated? 2. Have courts, other than small-claims courts, decide Disputes.
3. Serve as a private attorney general or in a representative capacity.
4. Join or consolidate a Dispute with disputes by other parti
5. Bring or be a class member in a cl ction cl: or lawsuit,
including as a representative or member, or class arbitration.
Can you or another No The TPA is not allowed to handle any Dispute on a class or representative
consumer start class basis. All Disputes subject to this Clause must be decided in an individual
arbitration? arbitration or an individual small-claims action. This Clause (except for this
sentence) will be void if a court rules that the TPA can decide a Dispute on a class
basis and the court's ruling is not reversed on appeal. Other terms of this Clause
can be severed if held to be unenforceable and the remaining terms shall be
enforced.
What law applies? The Federal Arbitration This Agreement involves interstate commerce. Thus, the FAA governs this Clause.
Act (“FAA”) The TPA must apply appli le substantive law consistent with the FAA. The TPA
must honor statutes of limitation and privilege rights. Punitive damages are
governed by the constitutional standards that apply in judicial proceedings. The
TPA may award any damages or equitable relief provided for under applicable law
for an individual action.
Will anything you do No, unless otherwise The Clause stays effective unless the parties sign an agreement stating it doesn't
make this Clause This Clause stays in force even if you default under your Agreement or go into or
ineffective? through bankruptcy or if the Agreement is assigned, terminated or is no longer in
effect.
Process.
Question ‘Short Answer Further Detail,
What must a party do Send a written Dispute Before starting a lawsuit or arbitration, the complaining party must give the other
before starting a notice
and work to party written noticeof the Dispute. The notice must explain in reasonable detail the
lawsuit or a
Preview
INSTRUCTIONS TO DEFENDANT Ca (NOTICE TO PERSON BEING SUED) JD-CV-121 Rev. 2-18 STATE OF CONNECTICUT SUPERIOR COURT wae www.jud.ct.gov Gat a Please read the instructions carefully. For more information, get a copy of How Small Claims Court Works (form JDP-CV-45) from a Clerk's Office, Court Service Center or on the Judicial Branch website, at www.jud.ct.gov/publications/CV045. You may also find information on the Small Claims Frequently Asked Questions page on the Judicial Branch website at www.jud.ct.gov/faq/smallclaims.html or by contacting the clerk's office or a Court Service Center. What is the Small Claims Writ and Notice of Suit (form JD-CV-40) that | have received? The person suing you (called the plaintiff) has delivered to you (served on you) a copy of the Small Claims Writ and Notice of Suit (form JD-CV-40) and any documents related to your case. The Small Claims Writ and Notice of Suit contains the plaintiffs complaint, which explains how much money the plaintiff claims you owe them and the reasons why the they think you owe them. How do | defend my case? In order to respond to the plaintiff's complaint, you must complete an Answer form and return it to court. The court will send you an Answer form. The Answer form will tell you the court house where you must return the form and the date by which you must return it. You should receive an Answer form within six (6) weeks, but if you do not, call the clerk's office to ask why you have not received it yet. Do not file a response until you receive an Answer form. The Answer form contains an Answer section, where you respond to the plaintiff's claims, and a Counterclaim section, where you can make claims against the plaintiff. The Answer section must be completed. It is up to you whether you complete the Counterclaim. There is a fee for filing a counterclaim, which is discussed below. How do | respond to the plaintiff's claims? - Filing an Answer The Answer is your chance to respond or reply to the plaintiffs claim. You may admit or deny all or part of the plaintiff's claim. Your Answer should be specific, but brief. Complete the form and sign it. Keep a copy for yourself and send a copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. If you are not filing a Counterclaim, send the original Answer form to the court at the address listed on the form by mail, fax or hand delivery. The court must receive your Answer form on or before the Answer Date. If you are filing a Counterclaim, see the discussion on Counterclaims, below. What if I know I owe the plaintiff some money? If you know you owe the plaintiff something, but do not agree on the amount in the claim or are not sure how much you owe, you should file an Answer. This gives you a chance to come to court for a hearing (also called a trial) to question how the plaintiff added up the amount claim or to say why you think the amount should be different. What if | admit that | owe the plaintiff all of the money they are asking for but want time to pay? If you are sure that you owe the entire amount claimed by the plaintiff but want or need more time to pay, you may say this on the Answer form and file it with the court. You may ask for a period of time during which you can make payments in an amount that you suggest. If you ask for more time, but do not ask for a specific time period or amount, the court will enter a judgment with an order of payments of $35 each week until the judgment is paid. If you ask to pay less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business and a judgment against a landlord for return of a security deposit will be ordered to be paid in a lump sum. What if | pay the full amount plus costs, if any, before the Answer Date? If you pay the plaintiff, plaintiff's representative, or plaintiff's attorney the full amount of the claim plus costs, if any, before the Answer Date, you should say that on the Answer form and file it with the court. Do not send payment(s) to the Court. What should | do if the plaintiff owes me money? - Filing a Counterclaim If you claim that the plaintiff owes you money, you may wish to file a Counterclaim. First, you should complete the Answer portion of the Answer form. Then you may complete the Counterclaim section of the Answer form. In that section, explain why you think the plaintiff owes you money and how much money you claim the plaintiff owes you. When you have completed the form, sign it. Keep a copy for yourself and send a copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. Send the original Answer form to the court at the address listed on the form by mail or hand delivery along with a filing fee of $95. The court must receive your answer form on or before the answer date. You cannot fax a Counterclaim and its filing fee to the court. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 VM NN nl AMUN What happens if | do not file an Answer? If you do not file an Answer in writing with the court, a money judgment may be entered against you. This is called a default judgment. After the Answer Date has passed, your case will be reviewed by a Magistrate, who will decide whether a judgment should enter without a hearing or if a hearing must be scheduled. The Magistrate may award the plaintiff the full amount of their claim, plus court costs. What happens if | file an Answer? Will | have a trial? If you file an Answer, the Court will schedule a hearing (also called a trial), if one is required. The court will send you a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible. What happens if | file a Counterclaim? Will | have a trial? If you file a Counterclaim with your Answer, a notice will be sent to you and the plaintiff letting everyone know that a Counterclaim has been filed and telling the plaintiff when they must file their Answer to the Counterclaim. After the Counterclaim Answer Date has passed, the court will schedule a hearing (also called a trial), if one is required. The court will send you a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible. What do | need to bring to Court for my hearing (trial)? On the day of your hearing, you should bring all of your witnesses and any evidence you have. This may include bills, invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defective or damaged goods that can be brought safely and easily into the court. Be prepared and organized so that you can present your complete case. A small claims judgment cannot be appealed. ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a resonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 VM NN nl AMUN Loan Agreement and Promissory Note SECTION 20 OF THIS LOAN AGREEMENT AND PROMISSORY NOTE IS AN ARBITRATION PROVISION. IN THE EVENT OF A DISPUTE, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. Date of Loan: September 15, 2021 Loan No. 663 Lender/Creditor: WebBank cio Avant 222 N. LaSalle St., Suite 1700 Chicago, IL 60601 Borrower: Marion Elijah Sumner Harris 88 TAYLOR AVE, NORWALK, CT 06854 FEDERAL TRUTH IN LENDING ACT ("TILA") DISCLOSURES ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. 23.95% FINANCE CHARGE The dollar amount the credit will cost you. $1645.51 Amount Financed The amount of credit provided to you or on your behalf. $4000.00 Total of Payments The amount you will have paid after you have made all payments as scheduled $5645.51 Payment Schedule: You must make 35 monthly payments of $156.81, with the first payment due on Sunday, October 17, 2021, and each subsequent payment due on the same day of each month thereafter, and a final payment of $157.16 plus any unpaid fees, charges, and interest due on Tuesday, September 17, 2024 Security: Your Payment Authorization as set forth in Section 3(b) of this Note secures repayment. Late Fee: If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (AITO CO Prepayment: If you pay off early, either in full or partially, you will not have to pay @ penalty and you will not be entitled to a refund of part of the finance charge. See the remainder of this Note for any additional information about nonpayment, default, and any required repayment in full before the scheduled date, and prepayment refunds and penalties. Itemization of Amount Financed The Amount Financed of $4000.00 is calculated as follows: $4000.00 Principal Loan Amount less $0.00 Administration Fee retained by WebBank equals $4000.00 Amount Financed $4000.00 of Amount Financed is given to you directly $0.09of Amount Financed is paid with respect to your existing loan serviced by Avant (Existing Payoff Amount) ADDITIONAL PROVISIONS 1. Parties, Status of Application; Further Steps Before Approval and Funding of Loan. WebBank, an FDIC-insured, state-chartered industrial bank headquartered in Salt Lake City, Utah, identified above as Lender/Creditor ((WebBank’) is the lender of this loan (‘Loan’). In this Loan Agreement and Promissory Note ("Note” or "Agreement’), the words “you, on your” and “Borrower(s)" mean the Borrower(s) identified above. The words “we, om us,” and “our” mean WebBank, and after consummation any person who obtains WebBank’s rights in this Note. We have not yet committed to make the Loan. We will only be committed to make the Loan if and when we i te, in Utah, a tramsfer of funds from our office: the proce: of applying Utah to the be 1k account you identily for this purpose for the Loan or in connection with the Existing Payoff Amount referenced above to another accaunt on your behalf. Any of our rights, actions, privileges or obligations which are permitted or required to be determined or performed hereunder may be determined or performed by our service provider and such determinations or actions shall have the same effect as if taken by us. 2. Promise to Pay: Interest. If all conditions to funding the Loan are met (see Section 1) and the Loan is funded: (a) $4000.00 of the Amount Financed will be depasited into Your Bank Account as defined below and $0.00 of the Amount Financed i: paid with respect to your e: ting loan serviced by Avant, LLC (‘Avant’) and (b) you promise to payto us (i) the Principal Loan Amount of $4000.00; (i) simple interest, which accrues daily on the outstanding principal balance, from September 17, 2021 until the date the Loan is paid in full, at the daily rate of 0.06564384%; and (iii) any and all other amounts that become due and payable under this Note (collectively, the "Debt"). 3. (a) Note Payments; Ap| ion of Payments. Per the Payment Schedule, this Note is payable in 36 substantially equal monthly installments, including (i) 35 payments of $156.81, commencing Sunday, October 17, 2021; and (ii) a single final payment of $157.16 on Tuesday, September 17, 2024 (the "Maturity Date”). On the Maturity Date, you shall also be responsible for paying any outstanding fees, charges, and interest. Payments will be due on the same day of every month (such day of the month, or such other day of the month as you and we shall mutually agr in the future, being the “Monthly Due Date’). You may choose to repay by either of the options below in the Section 3(b) Payment Authorization as well as any other reasonable form of payment that we permit including but not limited to paper check. We have based the Payment Schedule on the assumption that you will pay all payments as scheduled. If any payment is scheduled on a date we are not open for business, then you agree to pay us on the next business day, and if such amount is paid on such next business day, we will credit such payment as if we received it on the applicable Monthly Due Date. Payments will be applied first to outstanding fees, if any, then to accrued interest, and then to principal. On the Maturil Date, any t 4 Debt will be payable in full. Unless modified by you and us, the final requ ed payment will likely vary somewhat from prior required payments due to, among other things, early payments or paying more than scheduled, and late payments. If your payment history causes the interest owing to be less than the above Payment Schedule, we will adjust your final payoff payment to reflect such decrease. If your payment history causes the interest owing to be more than the above Payment Schedule or if any unpaid Debt remains after the Maturity Date, then interest will continue to accrue on the outstanding principal balance at the daily rate set forlh above in Section 2 of this Agreement until your obligations, induding outstanding principal balance, are paid in full. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil 3. (b) Payment Authorization. The payment method checked below is based on the payment method you selected during the application process. However, you may choose to repay by any other reasonable farm of payment that we permit, including but not limited to mailing a paper check. To make a payment via paper check, cashier's check, or money order, you can mail your payment to: c/o Avant, LLC, PO Box 9183380, Chicago, Illinois 60691-3380. Please note that any payment sent via physical means will be effective the day it is received, however, it may take up to 3 business days from the date the payment is received for it to be reflected on your account. Please note that post-dated checks are not an acceptable payment method and may not be effective the day they are received. If you wish to change your payment method, you may contact us by communicating with Avant at 800-712-5407 or suppor@avant.com. You understand that we will process the payments provided for under this Agreement by the method checked below, which gives you conve nce and gives us security that payments will be received on time. X Direct ACH Debit. By selecting the Direct ACH Debit option, you hereby authorize us to initiate an electronic debit to the bank account you elect for this purpose during the application process, or any substitute account you later specify, hereinafter called “Your Bank Account,” at the depository financial \stitution you identify, hereinafter called “Depository.” You authorize us to electronically debit Your Bank Account in accordance with these provisions for amounts owing on or after each scheduled payment date in the Payment Schedule, or for other amounts and dates as provided in the provisions below. Your Bank Account Information. If there is any missing or erroneous information regarding Depository or Your Bank Account, then you authorize us to verify and correct the information. You promise that the information that you provide to us relating 10 Your Bank Account corresponds to a legitimate, open and active account of which you are an owner and that you have the right to initiate {and to authorize us to initiate) electronic debits from Your Bank Account. You acknowledge that Your Bank Account also includes any bank account that you may designate for payment in the future, and which we confirm in writing with you. Dates and Amounts in the Payment Schedule. You acknowledge that this authorization is an authorization to initiate an electronic debit to Your Bank Account on or after each scheduled Monthly Due Date for so long as amounts are owing by you to us under this Agreement. You authorize us to initiate an electronic debit for any amount owing in connection with your final payment to the extent such amount is less than your monthly payment amount. Dates and Amounts Post Maturity Date. If, on the Maturity Date, any unpaid Debt remains and you do not instruct us to debit the full amount of your outstanding balance on the Maturity Date, then you authorize us to continue to initiate electronic debits to Your Bank Account beyond the Maturity Date on or after the Monthly Due Date in an amount equal to the monthly payment amount ($156.81) set forth in your Payment Schedule, or if less, the remaining balance, including fees, charges, and interest, until your obligations are paid in full. You authorize us to initiate electronic debits to Your Bank Account on or after each scheduled payment date, including Monthly Due Dates, for amounts due under any modified payment arrangement as set forth in the “Other Payment Arrangements” section under this Direct ACH Debit provision. Termination. You understand and acknowledge that you may terminate this authorization by notitying us via email at support@avant.com or by mail to Avant, ATTN: Compliance Department, 222 N. LaSalle St., Suite 1700, Chicago, illinois 60601 at least three business days before you wish to terminate this authorization or in such time as to afford us and Depository a reasonable opportunity to act on your request. If an electronic debit is returned to us, we, or our service provider acting on our behalf, may terminate any future recurring electronic debits. If this occurs, you will be responsible for making your payments by some other method acceptable to us. Authorization to Vary Amounts. You understand that you have the right to receive written notice if an electronic debit will vary from the amount authorized above. To exercise this right, you must send a written request to us via email at support@avant.com, or by mail at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. Unless you exercise this right, you authorize us to vary the amount of any electronic debit without notice so long as such debit is no more than the amount authorized above. Partial Prepayments. If you make any partial prepayments, then you authorize us to vary the amount of the electronic debit as needed to reflect those partial prepayments. Any partial payment must be received at least 3 business days prior to an electronic debit to ensure an electronic debit amount is varied to reflect such partial payment. Additional Amounts. You further authorize us to in te single electroni Gebits for the combined amount of a monthly payment and a late fee that comes due under this Note and separate electronic debits to Your Bank Account for any applicable amounts that come due under this Note, including any Late Fee or Dishonored Payment Fee, on or after the dates they become due. Instead of or in addition to any electronic debits described abave, you authorize us to electronically debit Your Bank Account for any amount and on any date that you subsequently confirm by phone, text message or e-mail. Other Payment Arrangements. If we agree, you may enter into a modified payment arrangement that may change certain terms of this Payment Authorization. If you and we agree to change any terms of this Payment Authorization, including the dates or CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil amounts of scheduled monthly payments, all other provisions of this Payment Authorization not changed will remain in full force and effect. Unless otherwise specified in the terms of your modified payment arrangement, if you fail to satisfy your ot ations under any payment arrangement, you complete your obligations, or we terminate a payment arrangement, then you authorize us to debit Your Bank Account on the dates and in the amounts set forth in your Payment Schedule, as it existed immediately prior to the modified payment arrangement, in accordance with this Payment Authorization. Error Correction. In the event we make an error in processing any electronic debit, you authorize us to initiate an electronic debit or credit to Your Bank Account to correct the error. if you believe we have initiated a payment in a manner not contemplated by this authorization, then please contact Avant at 800-712-9407 or at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. Applicable Law. You acknowledge that the origination of electronic debits from Your Bank Account must comply with the provisions of U.S. law. Optional Electronic Debit Authorization. YOU ARE NOT (AND WERE NOT) REQUIRED TO AGREE TO THIS ELECTRONIC DEBIT AUTHORIZATION TO ENTER INTO A TRANSACTION WITH US. BY SELECTING THIS OPTION, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY ELECTRONICALLY. Pay By Mail. You agree to make your monthly installment via paper check. To make a payment via paper check, you can mail your payment to: cfo Avant, LLC, PO Box 9183380, Chicago, Illinois 60691-3360. Please note that any payment sent via physical means will be effective the day it is re d, however, it may take up to 3 business days from the date the payment is received for it to be reflected on your account. Please note that post-dated checks are not an acceptable payment method and may not be effective the day they are received. 4. Prepayment. You may prepay the Debt in whole or in part at any time without penalty. That is, you will not incur any adcitional fee or charge for partial prepayment or prepayment in full. 5. Fees and Charges. {@) Your Loan is subject to a non-refundable Administration Fee of $0.00. This fee is deducted from your Principal Loan Amount and is paid to WebBank as the originator of this Loan. The Amount Financed is the P1 cipal Loan Amount less the Administration Fee. Pre-payments will not result in the refund of any Administration Fee amount. You acknowledge that the Administration Fee is considered a part of your Principal Loan Amount and is subject to the accrual of interest. (b) If a payment is not paid in full within 10 days after its due date, you will be charged a $25.00 Late Fee. (c) 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 returned unpaid. 6. Re-initiation Authorization. If you choose to make any payment via electronic debit, you authorize us to re-initiate any electronic debit a total of two additional times {if necessary) for the same amount if the electronic debit is dishonored. 7. Use of Amount Financed. You promise that you will use the proceeds of the Loan for consumer purposes and not for any student loan of any illegal purposes. 8. Breach/Remedies. If (@) you fail to pay any scheduled installment when due; {b) any bankruptcy, receivership or insolvency proceeding is initiated by or against you oF you make any assignment for the benefit of creditors; (c) you die; (d) you fail to keep any promise or meet any other obligation in this Note; or (e) we discover that you have made a material misrepresentation, then, subject to applicable law {including any notice or cure right under applicable law), we may declare all Debt under this Note immediately due and payable, exercise any right provided by applicable law and, if the Debt is referred for collection to an attomey who is not a salaried employee of ours, charge you reasonable attomeys' fees permitted by applicable law. 9. Waivers. We may accept late or partial payments, even though marked “paid in full," or with similar language, without losing any of our rights under this Note, and we may delay enforcing any of our rights under this Note without losing them. We do not have to: (a) give notice that amounts due have not been paid (‘notice of dishonor’), {b) demand payment of amounts due ("presentment"), or (c) obtain an oficial certification of nonpayment ("protest’). You hereby waive notice of dishonor, presentment and protest. Even if, at a time when you are in breach, we do not require you to pay immediately in full as described above, we will still have the right to do so if you are in breach at some other time. Neither our CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil 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 fail or delay in enforcing or exercising such rights. To the extent allowed by law, no extension of time for payment of any part of the Debt, and no alteration, amendment or waiver of any provision of this Note or any other document or agreement relating to the Debt or this Note shall release, modify, amend, waive, extend, change, discharge, terminate or affect your unconditional liability, and that of any other person or party who may become liable for the payment of all or part of the Debt, unless otherwise agreed to in writing. 10. Applicable Interest and/or Loan Charge Maximums Will Be Observed. Notwithstanding any provision of this Note to the contrary, if any law applicable to this Note or the Debt is finally interpreted so that the interest or other charges or fees collected or to be callected in connection with the Debt or this Note exceed the legally permitted limit, then: (a) any such interest, charge or fee shall be reduced by the ammount necessary to reflect and be in compliance with the maximum permitted limit; and (b) any sums already collected, to the extent such sums would otherwise exceed a permitted limit, will be refunded to you. We may choase to make this refund by applying such amounts to your then outstanding Debt by reducing the Debt and/or by making a direct payment to you. 11. Severability. Except et forth the Arbitration Provision, the unenforceability of any provision of thi Note shall not affect the enforceability or validity of any other pro’ ion of this Note. 12. Notices. Unless otherwise specified, all notices and other communications under this Note shall be given in writing and shall be deemed to have been duly given and effective upon receipt if delivered in person, by recognized messenger service or by facsimile, email or other electronic transmission, and upon pasting for notices we give you on our website. Any notice or other communication to you may be delivered in accordance with the consent to electronic communications you have executed or to the address we maintain for you in our records. Any notice to us must be sent to Avant, 222 N. LaSalle St, Suite 1700, Chicago, Illinois 60601 unless a different address for notice is later provided in writing by us to you. 13. Assignment. You may not assign any of your obligations under this Note without our written permission, which we are not required to give. We may assign this Note at any time without your permission. Our transfer may be made by causing 4 registration of transfer in the record of ownership as described below, without providing you with any other notice (except where such notice is required by applicable law). Your obligations under this Note applyto all of your heirs, successors and permitted assigns, if any. Our rights under this Note apply to us and each of our successors and assigns. Ownership of this Agreement (and rights hereunder, including with respect to principal and interest) shall be registered in a record of ownership maintained by an entity specifically designated for such purposes. You hereby irrevocably appoint Avant as your agent acting solely for the purpose of maintaining such record of ownership. Any assignment or transfer of, or participation in, this Note (or rights hereunder) will be valid only if and when it is registered in such record of ownership. You shall treat each person whose name is registered in the record of ownership as the owner, assignee or participant, as applicable, for all purposes of this Agreement, including, but not limited to, the rights to payments of principal and interest. The record of ownership shall be made available to you in a form and manner determined by the agent maintaining it from time to time upon reasonable prior written notice. 14, Governing Law. Except to the extent, if any, prohibited by applicable law, this Note (other than the Arbitration Provision) and all controversies relating to this Note are governed by federal law and, to the extent state law applies, the law of the State of Utah. 15. Amendment. Except for orally agreed upon changes with respect to the Payment Authorization and any other changes to your Payment Schedule, this Note may not be amended, modified or limited except by a written agreement executed by both you and us. 16. Contacting You; Phone and Text Messages. You authorize us and our affiliates, agents, assigns and service providers (collectively, the "Messaging Parties”) to contact you using manual calling methods, automatic telephone dialing systems, anlifcial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Note and the Debt, including information about upcoming payment due dates, missed payments and retumed payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with your Loan application, the Messaging Parties’ servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Intemet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. To stop commercial advertising or promotional emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails. 17. Credit Reports and Monitoring. NOTICE OF FURNISHING NEGATIVE INFORMATION. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. WE MAY OBTAIN CREDIT REPORTS ON YOU ON AN ONGOING BASIS UNTIL THIS NOTE IS PAID IN FULL. YOU UNDERSTAND AND AGREE THAT WEBBANK, AVANT AND THE HOLDER OF THIS NOTE MAY OBTAIN CONSUMER REPORTS AND RELA TED INFORMATIO. ROM ON MOR YOUR LOAN. INT Mi THE WING THE MONTH WHEN Y‘ PAY OFF THERW ATISFY TH EXPRESSLY AUTHORIZE WEBBANK,. \VANT ANI FE THI: NOTETi INFOR! TAINI EPORTS TO, AMONG OTHER THINGS, KET REFINA THER PRODUCTS TO Yt MAKE DECISIONS RELAT Oo M HOW AIN ROM W NK OR ai ORM O AND HAR, RMA ON W PROFILE. 18. Credit Bureau Disputes. If you believe we have inaccurately reported information about you or this Note to a credit reporting agency, contact us by communicating with Avant at 800-712-5407 or send an email to us at support@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 is inaccurate. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report to idtheft@avant.com. 19. Bankruptcy. You promise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and have no current intention of filing a ps ion for relief under the United States Bankruptcy Code. If you file for bankruptey under the United States Bankruptcy Code, you must contact us in writing and include your Loan Number by communicating with Avant at 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601, Attn: Bankruptcy Notice. 20. Non-Negotiable Instrument. This Note is not a negotiable instrument. 21. Arbitration Pro n. By signing below, you agree to this Jury Trial Waiver, Class Action Waiver and Arbitration Clause ("Clause"). We have drafted this Clause in question and answer form to make it easier to understand. But, this Clause is part of this Agreement and is legally binding. Background and Scope. ‘Question Short Answer Eurther Detail What is arbitration? An alternative to court In arbitration, a third party arbitrator ("TPA") resolves Disputes in a hearing (hearing’). It is less formal than a court case. \s it different from Yes The hearing is private. There is no jury. It is usually less formal, faster, and less court and jury trials? expensive than a lawsuit. Pre-hearing fact-finding (called “discovery’) is limited. Appeals are limited. Courts rarely overturn arbitration awards. Can you opt-out of Yes, within 60 days If you do not want this Clause to apply, you must send us a signed notice within 60 Clause? calendar days after signing this Agreement. You must send the notice in writing (and not electronically) to the following address: Attn: Avant - Legal Department. 222 N. LaSalle St., Suite 1700, Chicago, Illinois 60601. You must provide your name, address and Agreement number and date of this Agreement. You must state that you “opt out" of the arbitration clause. If you opt-out of this Clause, it will not affect any other term of this Agreement. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil What is this Clause The parties’ agreement Unless prohibited by applicable law and unless you opt out, you and we agree that about? to arbitrate Disputes any party may elect to arbitrate or require arbitration of any “Dispute” as defined below. Who does the Clause You, us, and certain This Clause governs you and us. It also covers certain “Related Parties." These cover? “Related Parties" include: (1) our parent companies, subsidiaries, and affiliates; (2) our employees, directors, officers, shareholders, members, representatives and service providers; and (3) any person or company that is involved in a Dispute that you pursue relating to this Agreement or your loan with us. What Disputes does Most Disputes that This Clause govems “Disputes” that would usually be decided in court and are the Clause cover? would normally go to between us (or any Related Party) and you. In this Clause, the word “Disputes” court (except certain has the broadest reasonable meaning. It includes all past, present and future Disputes about this claims directly or indirectly arising from or related to your application, this Clause) Agreement, your loan and relationship with us and any communications relating to the same. It includes claims based on contract, tort, intentional tort, fraud, negligence, agency, equity, statute or regulation, or any other sources of law, claims seeking damages or injunctive or deciaratory relief and initial claims, counterclaims, cross-claims, third-party claims. It includes claims related to any prior applications or agreements. It includes extensions. It includes claims related to privacy and customer information. It includes claims related to the validi in general of this Agreement. But, it does not include disputes about the validity, coverage, or scope of this Clause or any part of this Clause. All such disputes are for a court and not the TPA to decide. Who handles the Usually AAA or JAMS Arbitrations are conducted under this Clause and the rules of the arbitration arbitration? company in effect at the time the arbitration is commenced. But, arbitration rules that conflict with this Clause do not apply. The arbitration company will be either: « The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, . JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org . Any other company picked by agreement of the parties. If all the above options are unavailable, a court will pick the arbitration company. But, no arbitration may be admit istered without our consent by any arbitration company that would permit class arbitration under this Clause. The arbitrator will be selected under the arbitration company’s rules. But, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we or the Related Parties to the Dispute otherwise agree. Can Disputes be Sometimes Either party may bring a lawsuit in court if the other party does not demand litigated? arbitration before or after the lawsuit is brought. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court that is within that, court's jurisdiction. But, we may demand arbitration of any small-ciaims action that is transferred, removed or appealed to a different court or if any small-claims action is brought on a class basis. Even if all parties have opted to litigate a Dispute in court, you or we may elect arbitration with respect to any Dispute brought by a new party or any Dispute later asserted by a party in that or any related or unrelated lawsuit. For example, if we file a lawsuit against you in court to recover amounts due under this Agreement, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Dispute (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. CT_0119 MILITARY AFFIDAVIT File No. 24-113087 (ARIE TE HHH ‘ tm lil Are you and we giving Yes If a Dispute is arbitrated, you and we give up our rights to: up any rights if a 1. Have juries decide Disputes. Dispute is arbitrated? 2. Have courts, other than small-claims courts, decide Disputes. 3. Serve as a private attorney general or in a representative capacity. 4. Join or consolidate a Dispute with disputes by other parti 5. Bring or be a class member in a cl ction cl: or lawsuit, including as a representative or member, or class arbitration. Can you or another No The TPA is not allowed to handle any Dispute on a class or representative consumer start class basis. All Disputes subject to this Clause must be decided in an individual arbitration? arbitration or an individual small-claims action. This Clause (except for this sentence) will be void if a court rules that the TPA can decide a Dispute on a class basis and the court's ruling is not reversed on appeal. Other terms of this Clause can be severed if held to be unenforceable and the remaining terms shall be enforced. What law applies? The Federal Arbitration This Agreement involves interstate commerce. Thus, the FAA governs this Clause. Act (“FAA”) The TPA must apply appli le substantive law consistent with the FAA. The TPA must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings. The TPA may award any damages or equitable relief provided for under applicable law for an individual action. Will anything you do No, unless otherwise The Clause stays effective unless the parties sign an agreement stating it doesn't make this Clause This Clause stays in force even if you default under your Agreement or go into or ineffective? through bankruptcy or if the Agreement is assigned, terminated or is no longer in effect. Process. Question ‘Short Answer Further Detail, What must a party do Send a written Dispute Before starting a lawsuit or arbitration, the complaining party must give the other before starting a notice and work to party written noticeof the Dispute. The notice must explain in reasonable detail the lawsuit or a