FILED. RHONDA SULLIVAN
`CL ERK A D EX -OFFICl0<2)~~~R
`NOV O 5 fozi;
`/ CROSS COUNTY, ARKANSAS
`,,,,, BY m~ru-~ D.C.
`IN THE CIRCUIT COURT OF CROSS COUNTY, ARKANSAS
`FORSYTHE FINANCE, LLC
`vs.
`li'AMESLIKE
`/_ ;S COUNTY ROAD 7425
`WYNNE, AR 72396
`PLAINTIFF
`DEFENDANT
`COMPLAINT
`Comes the Plaintiff by its Attorneys, The McHughes Law Firm, PLLC , and for its cause of
`action against the Defendant states and alleges:
`1. Plaintiff is a foreign entity registered with the Arkansas Secretary of State, is
`registered with the Arkansas State Board of Collection Agencies, and is authorized to do business
`in the State of Arkansas. The Plaintiff is the assignee of Security Credit Services, LLC, which is
`the assignee ofTEMPOE , LLC , and has purchased the account for good and valuable
`consideration.
`2. Venue of this action is proper in the county named above because the Defendant is
`an individual believed to be residing in the said county at the time of commencement of suit. The
`court has jurisdiction over the subject matter of this action and the parties hereto.
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`3. The Defendant entered into a lease purchase agreement with TEMPOE , LLC for
`the purchase of household furnishings. The description of the property is described in the lease
`purchase agreement, attached hereto.
`4. The Defendant defaulted on the obligation to make monthly payments pursuant to
`the lease purchase agreement. The entire balance on the account is presently due and payable in
`full. Such a breach of contract proximately caused the lessor damages in the amount of the
`balance due on the lease purchase agreement. The Plaintiff is the party entitled to enforce the
`contract and receive payment of the lease purchase agreement balance.
`5. The Plaintiff is entitled to recover from the Defendant the principal sum of
`$1,583.35 as shown by the Affidavit of Account attached hereto.
`6. Through its undersigned attorney, the Plaintiff has demanded payment from the
`Defendant, but the Defendant has not satisfied such demand. The Plaintiff has performed all
`conditions precedent to the filing of this action, or all such conditions precedent have occurred.
`WHEREFORE , premises considered, Plaintiff prays that the Defendant be summoned to
`appear and answer, that upon final hearing, Plaintiff have judgment against the Defendant for:
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`a) Principal balance of $1 ,583.35;
`b) Post judgment interest awarded pursuant to Ark . Code Ann. § 16-65-114 in the
`amount of 2% above the Federal Reserve Primary Credit Rate as determined on
`the date of Judgment;
`c) Attorney's fees in the amount to be determined by the court;
`d) All cost of court; and
`Ourfile#: 81180
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`e) All such other just and proper relief to which the Plaintiff may be entitled.
`Ourfile#: 81180
`Respectfully Submitted,
`The McHughes Law Firm, PLLC
`Attorneys at Law
`P.O. Box 7599
`Little Rock, Arkansas 72217
`(501) 376-9131
`Becky A. McHughes (03024)
`becky@ mchugheslaw.com
`Christopher D. Anderson (91255)
`chris@mchugheslaw.com
`Josh Logan (19043)
`jlogan@ mchugheslaw.com
`Our File# 81180
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`DocuSign Envelope ID: C60EC97A-A313-4979-BBA4-C16CCE6F8205
`BILL OF SALE AND ASSIGNMENT
`For value received and in further consideration of the mutual covenants and conditions set forth
`in the Forward Flow Accoun Purchase Agreem t (the "Agreement") dated April 9, 2021 by and
`between TEMPOE, LLC (" eller") and Security Credit Services, LLC ("Buyer''), Seller hereby transfers,
`sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set
`forth in the Agreement , to the extent of its ownership, the Accounts as set forth in the Account Schedule
`attached hereto as Exhibit I delivered by Seller to Buyer on the Closing Date, and as further described in
`the Agreement . Out of an abundance of caution, "Accounts" excludes the personal property assets
`underlying the Debts.
`Lot Number:
`Total Face Value:
`Number of Accounts:
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`DATED : August 26, 2021
`SELLER : (": Do cuSigned by:
`By: _____ l.:,._tl,J::~e~s8t!>!"""~e>l4,e~P'!'~11<~~~?1:..,.:~,...J _ _____ _
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`Blake Seifried Name (print): _______________ _
`Title: _______ o_i_r_e_c_t_o_r_, _F_P_&A ______ _
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`Exhibit A
`ASSIGNMENT AND BILL OP SAL ~
`Security Credit Services, LLC "Seller") has entered into a Judgment Purchase
`Agreement , dated Janua1y 31, 2024 ("Agreement'') for the sale of Acco unts described in
`Agreement thereof to Forsythe Finance, LLC ("Purchaser"), upon terms and conditions
`set forth in tlrnt Agreement.
`N OW , THEREFORE, for good and valuable consideration, Seller hereby sells, assigns,
`and transfers to Purchaser all of Seller's rights, title, and interest in each and every one of
`the Accounts described in the Agreem ent, provided howeve r such transfer is made
`w ithout any representations, wammlies , or recourse.
`IN WITNESS Vi'HEREOF , Seller has signed and delivered this instrument on the
`31st day of .January , 2024.
`Security a·edit Services, LLC
`By:
`President
`9 Pagc9
`l/3 l/2024No
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`Consumer Lease Agreement
`I 1BER:
`DATE: 11/7 0 0
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`' Lessor:
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`Lessee: James N Like
`TEMPO !; U..Cdba Wh y Not Lease It A!Uress:501 WMORGANST PARAOOUU) ,
`720 EP ete Ro se W ay, SUite 400 AR, 72450
`G m cinnat~ OH 45202 Teleph~
`Te lephone: 1-855-965-4669 Dnall
`PLFASE RfAD 11-IJS: 1llJS CONS Ul\1ER LFASEAGRllMENf (il€reLFASEi€) CONTAINS llRJ\6 1HA T MAY UYIIT \OUR RIGHfS ,
`INO.,UOING, B lJf NOT LIMITID TO , SfCI10N 12 (LIABll.lTY FOR DAJ\i.\GEOR WSS), SECTION 13 (W ARRANrnS), SECTION
`22 (CIASS AND R.El'R.ES ENf A llVEACTION W AIVm ), ANDS fCI10N 23 (ARBITRA 110N).
`Fede m l Consim•i:t lt!:ilSing Ai:I Disi:los!!res
`Desc.riruon or Leased Property (the "Property")
`Cash Price: S2 ,107.93 (plus aAJlicaHe tax)
`j 1tem Des1,;riptiQn :=J Ne" fUsed I Pike 11~1 Category :1 Bra@[ Aclditional lnfonmtion I
`j 450PCS MTS , SET NEW 229.99 IN /A I 009
`I 42PCS MAST ,ER BIT SOCKEfS IINEW 1129.99 IIN /A II I 009
`I MVW C 565FW ,MA Yf AG WA _jNEW 674.99 IN /A I §0
`\DRYER, IINEW 11629.99 IIN /A II II~
`l4'30A3W DR, CWSED jNEW 122.99 IIN /A II llii20
`5YHOMEMPA, NEW 259.99 N IA 1010 1
`5YHOMEMPA NEW 259.99 N IA 070
`A.l\10LNr DUEA T LFASES IG\'ING PERIODIC PAYMENTS* OTIIER
`ORDELJVIRY CHARGES
`A . Fir,t Lease Payrrent-$54.30
`N eld payrrent ofS222.27 is du e on I i/30'2020 followed (Not part of
`by 8 payirents of$222.27 due every 14 Da ys, as yo ur periodic
`B. Sales/Use Tax-$5.70 outlined on yo ur attached Lease Payirent Schedule payrrent)
`(each. a "Periodic Payrrcnt").
`C. Cap italiled Cos t Redu ction--$40.00 Th e total ofyot1r Periodic Pay1rents, including the Fir,t No ne
`Lease Payrrent and true, i.~ $2,060.43
`D . T otal Du e at Lease Signing-$100.00
`TOTAL OF PA VMENTS •
`Th e arrount you will have
`paid by the end of the
`Initial T erm of the Lease
`$2,140.43
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`PURCHASE OPTION A TEND OflNfllAL LFASETERJ\t You have an option to pu.rchase the Property upon COII1)letion of the Initial
`Tenn forSl,137.35 (plus applicable tax). You also have the right 10 purcha e the Property priorto the end of the Initial Term as outlined in
`Section 4 below.
`OTHER IMPORTANfTERJ\fi . See this Lease and other lease docuirent for additional infonrotion on early tem:ination, purchase
`options and nnintenance respon ibilities, warranties, late and default charges, insurance and any security intere t, if applicable.
`•Toe listed arrounts include estirrmed 13lll!S
`I. LFASETERJ\1AND DEFINITIONS. The "Initial Term " of the Lease begin on the date you electronically sign the Lease and end on
`021. A u ed in this Lease, "we". "us", "our" rrean the Les or identified above and its successors and assign . and "you" and "your"
`rreans the person igning this Lease as Les ee. The Periodic Payirents will be due as outlined in the Section above titled "PERIODIC
`PA YMENfS." You agree 10 rrnke all Periodic Payirents for the Initial Tenn unles you decide to tem:inate the Lease by exercising your 8lrly
`Purchase Option under Section 4. "Scheduled Payirents" ,reans Periodic Payiren and any Additional Periodic P-.1yrrents. Any payirents
`rmde und er lhL~ Lease will be applied first 10 any fees or o ther charges du e and then 10 any Scheduled Payrrents.
`2. LfASID PROPERlY. You are leasing the Property from us and yo u understand that all lea e payirents are rmde in advance of your
`u e of the Property. You have no O\\nership interest in the Property unless and until you purchase the Property fromu . We are not
`extending a loan or credit 10 you and this is not a sale, installirent sale. security agreement , credit sale, or fmancing a1r.1ngeiren1. You have
`no owners hip intere I in the Property and you canno t obtain owners hip of the Properly by rmking lease payirents over time. rdo you
`acquire any equity interest in the Property by nuking lea~e payirents. You rmy 'Of sel~ assign, sub-lease, pledge or otherwise transfer
`your rights in thL~ Lea e without our prior written con en!. We can sell, tran fer. or assign this Lease without restriction. lf you file for
`bankruptcy protection under any chap ter of the United 1a1es Bankruptcy Code, noti e of such filing rrust be delivered to the following
`address: TIMl'OE, !LC, 720 E Pete Rose Way , Suite 400, Cincinnati, OH 45202
`3. YOUR OPTIONS AT END Of ""'TllAL TERM At the end of the Initial Tent\ you can : (!)continue this Lea e by retaining the Property,
`in which case you m JSI make advan e Periodic Payrrents (each, an "Additional Periodic Payirent") in the saire frequency a during your
`Initial Term for each period that you choose to retain the Properly; (2) pu rchase the Property as ou tlined below ; or(3) terminate the Lease
`without penalty by returning the Property 10 us in good condition, fuir wear and tear e>t:epted, and paying all unpaid Periodic Payrrents and
`other amounts owed under the Lease.
`Continue to Lease: If you elect to continue this Lease beyond the Initial Tenn. your first Additional Periodic Payirent will be due on
`021. lfyou choose 10 continue the Lease, you mly tem:inate it at any tirre without penahy by returning the Property to u , fuir wear and
`tear excepted, and paying any unpaid arrount owed . No refunds are issued hould you return the Property in between Additional Periodic
`Payment dates.
`Purchase the Properly: If you elect to purchase the Property after fulfilling the Initial T ellls or thereafter, the purchase price will be
`calculated as follows: Periodic Deprecjatjon·Divide the Cash Price, less Capitali:!Cd Cos t Reduction, above , by (i) 00 if you elected to mlke
`payirent rronthly or every 28 day s, (nl 120 if you elected 10 rmke payll:l!nts every 14 days, o r (iii) 240 if you elected to rmke payrrents every
`7 days. Total Deprecia1ion-Multiply that amount by the number of Scheduled Payrrents you have rmde . Re idual ½lue:Subtract 1ha1 Total
`Depreciation amount from the Cash Price less Capitali:!Cd Co I Reduction, to get Residual Value. Purchase Option Price:Mult~ly the
`Residual Value by .6 to ob tain your Purchase Option Price (plu applicable tax). For em rrple, at the end of the Initial Term, the purcha e price
`would be calculated a follows:
`Periodic Depreciation: $2,067.9 (i() [or 120 or 240, depending on elected frequency ofpayn~nls]- $34.47
`Total Depreciation· $34.47 x5 [or 10 or 20, depending on elected frequency of payrrents] = S 17235
`Residual ½Jue · $2,067.93 -$17235 = Sl,895.58
`Purchase Option Price· $1.895.58 x .6 = $1 ,137.35 (plus applicable tax)
`Rerurn PropcrtyandTern»nate : lfyou choose to not con tinue the Lease beyond the Initial T erm and in tead choo e to return the
`Properly to us, you agree 10 conta I us at l-855-965-4669 no la1enhan ten (10) days priorto the due date of the Additional Periodic
`Payrrent to a1r.1nge for the return of the Property at the expiration of the Initial Tenn Although"' \\~ll pay for the reasonable costs to
`return the Property, you agree to cooperate fully in returning the Property to us. If yo u do not contact us 10 schedule the return of the
`Properly, you agree that you have elected to continue the Lease.
`4. FARLYPI.JRCR.\SEOPTION. You rmy tem:inate your Lease before the end of the Initial Term by exercising your Early Purchase
`Option and paying an Farly Purchase Option Charge , which is calcµlated as a percentage of the Cash Price, less Capitalized Cost Reduction
`of the Property.
`30day option: Requires a 5.00% Early Purchase Option Fee. Once added to the Cash Price, le s Capi1ali2ed Cos t Reduction. of the
`Properly, you rru I pay $2,211.33 (plu applicable tax and any otherarrounts you owe underthe Lease) in total by 12/7/202010 own the
`Properly.
`OOday option: Requires a 8.00% Early Purchase Option Fee. Once added to the Cash Price, less Capitali2ed Cos t Reduction, of the
`Properly, you rrust pay $'>..,273.36 (plus applicable tax and any other amounts yo u owe under the Lease) in total by 1/6'2021 10 own the
`Properly.
`90day option: Requires a 10.00% 8lrly Purchase Option Fee. Once added 10 the Cash Price, less Capitali2i:d Cos t Reduction, of the
`Property, you irust pay $2,314.72 (plus applicable tax and any other amoun ts you owe under the Lease) in total by 'l/ 202110 own the
`Properly.
`NOTE: TI me Is of the Fssence for this pro,lslon. Your ilillry lo exercise your FARLYPURCH..\SEOPTION depends on you contacting
`TEMPOE, lLC at 1-855-965-4669 and nuking your Early Purchase Option payirent in a tinl?ly manner .
`5. FARLYTERl\1NATION AND DEFAlLT. If you wish 10 tern-inate this Lea e during the Initial Term without purch ing the Property as
`descnbed in Section 4, you rmy do so by returning the Property, fuirwearand 1eare>t:cp1ed. and paying any unpaid Periodic Payire111s that
`have beco1re due, paying any Periodic Payment rermining in the Initial TCnt\ and paying any other amount you owe under the Lea e. You
`will be in defuult under the terms oft he Lea. e if you fail 10 mJke any Scheduled Payirenl within ten ( 10) day of the due date for such
`payrrent, or if you breach any otherterms of this Lease. If you default, we mlY irnrediatcly tem:inate the Lease upon written notice to you ,
`and de,mnd the uml!diate return o f the Propcny. If you fail 10 make any Scheduled Payirent. you agree that we mlY , but are. not obligated
`10, contact you regarding such default, including by ermil, phone , SMS , fax, or by sending you notice in accordance with Section 2 1, in our
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`sole discretion, provided that nothing herein shaU be construed as giving you the right to cure such default. If you default under this Lease,
`and after we give you any notice required by law, we will be entitled to aU legal rerredies, including repossession of the Property and our
`da,mges, which ,my include past due lease payrrents, attorneys' fees and court costs, if incurred, except to the extent prohibited by
`applicable law . Jfwe exercise our right to repossess the Property, you agree to assemb le the Property and ,mke it available at a location
`designated by us that is reasonably convenient to you .
`6. CREDIT REPORTING You authorm, us to mak e inquiries concerning your credit history and standing. We ma y report information
`about your account to credit bureaus. U1te payrrents, missed payrrents, or other defaults on your Lease may be reflected in yo ur credit
`report. If you believe that any information about your Lease that we have furnished to a consurrer reporting agency is inaccurate, or if you
`believe that you have been the victim of identity theft in conn ection with any Lease made by us, write to us at TElVIPOE, I.LC, Attn:
`Compla ints/D isputes Departrrent, 720 E Pete Rose Way , Suite 400, C incinnati, O H 45202. In yo ur letter (i) provide your narre and Lease
`numb er, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting
`docurrentation you have that substantiates the basis of the dispute. If you believe that yo u have been the victim of identity theft, submit an
`identity theft affidavit or report to us.
`7. OFFICIAL FEE, AND TAXES . Subject to any fees charged unde r Section s 14, 15, 16, and 17, the total arrount ofofficial fees and taxes
`you will pay for your use of the Property in accordance with this Lease during the Initial Tenn, inclusive of app licable taxes, wh ether
`included with your Periodic Payrrents or assessed otherwise is: $195.78. Th e actual total oftaxes.imy be higher or low er dep ending on the
`tax rates in effect at the time a taxis assessed.
`8. WCATION OF PROPERlY . Yo u agree to keep the Property in your exclusive possession and control. If you change add resses, yo u
`agree to notify us imrrediately of the change pursuant to Section 21 , below.
`9. INSTALLATION OF PROPERlY. U nless instaUation is specifically included with the Property, yo u are fully responsible forthe cost of
`installing the Property in yourhorre, if applicable.
`10. STANDARDS FOR WMR AND TFAR Fair wea r and tear rreans we ar and tear sustained as a result of normal use cond itions. We
`reserve the right to determine wh ether you have engaged in normal wear and tear of the Property.
`11. MAINTENANCE. You are responsible for aU maintenance, repair, service, and operating expenses of the Property during the Lease.
`12. LIABILITY FOR DAMAGE OR WSS . You are responsible for protecting the Property from unu sual or abnormal wea r and tear or
`da,mge . If the Property is stolen, lost, destroyed, or datm ged (except for nonml w ear and tear) yo u 1rust pay for all repairs or pay us the
`Purchase Option Price calculated as o f the date of the loss; provided, how ever, in NJ, Vf, WI , and WV , yo u ITllSt pay the fair market value
`calculated as of the date of the loss. We do not carry insurance on the Property. You agree to quit using the Property ifit becorres unsafe or
`in a state of disrepair. You agree to take aU steps necessary to prevent injuries to any person or property that might be caused by the
`Property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICAB1EI.A W , YOU UNDERSTANDTHA T WE Will NO T B E I1AB1E
`TO YOU FOR ANY LOSS OR DAM AGE TO ANYPROPffi.TY ARISING OUT OF THE USE OF THE PROPffi.TY. NEITHffi. W E NOR OUR
`OFF ICERS , DfRECTORS , FMPLO YEFS , OR AGENTS Will B E LIAB1E TO YOU IN CONNECTION WITH THIS LEA SE FOR A NY
`INDIRECT , C O N SEQ UENTIA I., INCID ENT AL OR PUNITIVE DAMAGES, OR ANY OTHffi. DAMAGES OF ANY KIND OTHffi. THAN
`DIRECT D A MA GES , INCLUDIN G, B UT NO T UMITED TO , LOSS OF INCOM E, EVEN IF WE HA VE BEEN ADVISED O F T HE
`POS SIBILITY O F SU CH DAMA (]'.';. IN NO EVENT Will OUR A<XiREGA. TE UABILITY TO YO U , WHErHER IN CONTRACT,
`WARRANTY , TORT (INCLUDIN G NEGLIGENCE, WHETHffi. ACTIVE, PASSIVE OR IMPUTED ), PROD UCT UABWTY , STRICT
`LlABlLITY OR OTHffi. THEORY , A RISING OUT OF OR RELATING TO THIS LEASE OR THE U SE OF THE PROPffi.TY, EXCEED THE
`LEASE PAYMENTS MADEBYYO U . SOM E JURISDICTIONS DO NOT ALLOW THEUM ITAT ION OF LIABWTYIN CONTRACTS
`W ITH CONSUMERS , SO SOME OR ALL OF THESE UMIT A TIONS OF UABWTY MA YNOT APPLY TO YOU.
`13. WARRANTIES . YOUARELEAS lNGTHEPROPffi.TY"AS IS." TO THE EXTENT ALLOWED BY APPUCAB1EI.AW , WE
`DISCLAIM ALL lMPUED WARRA NTIES, INCWDING T HE lMPUED WARRANTY OF Mffi.CHA NT ABlLITY, SUIT ABlUTY AND
`WARRANTY OF FITNESS FOR A PA R T ICU LAR PURPOS E H ow ever, if the Property is new , it rm y be subject to a manu facturer's
`wa rtanty. lfyo u purchase the Property from us, w e will transfer any unexpired manufacturer's or supplerrental warranty to you, if permitted
`to do so. For the avoidance of doubt, (i) we , the Lessor, have not been given any warranties from the supplier or manu facturer o f the
`property beyond those given to an ordinary purchaser and (ii) insofar as the rmnufactureror supplier has w arranted the property, w e give
`you the right to exercise those wa rranties against the manu facturer or supplier so long as you are the Lessee.
`14. RETIJRNED ITEM FEE We may charge a $25.00 fee if your payrrent is rejected by your bank or your card is rejected, unless prohibited
`by applicable law .
`15. LA TE PAYMENT FEE If we do not receive a fuU Scheduled Payrrent within ten (10) days of wh en it is du e, we ma y charge a late fee of
`$15.00 or 5.00 % of the Scheduled Payrrent (whichever is lesser), unless prohibited by applicable law. N o late charges will be charged to yo u
`w hen the only past due arrounts are prior unp aid late fees.
`16. CANCELLATION FEE If yo u refuse to take delivery and request cancellation of this Lease after execution and payrrent o f the first
`Lease pay1rent, we ma y deduct $39.95 from any refund w e ma y pay you .
`17. CONVENIENCE FEE We ma y charge a $3.00 convenience fee for payrrents mad e overthe phone. Payrrents can always be made
`through your on line account without charge.
`18. RETURNS. If the retailer whe re you selected the leased Property, in accordance with its return policy, allows you to return one or rrore
`item; of the Property before the end of the Initial Tenn, then you agree that you will continue to be obligated with respect to any Property
`that remains in your possession. You further agree that a retum before the end of the Initial Tenn will not becorre fuia~ regardless of the
`retail store's return policy, until you and we have agreed to an arrended lease concerning your obligations on any Property that remains in
`your possession. You also agree that, if you return any Property to a retailer before the end of the Initial T enn, it is yo ur responsibility to
`contact us at the address or telephone numb er listed on the front page of this Lease to arrange for the arrendrrent to your Lease.
`19. C ONFIRMATIO N OF EXPRESS CONSENT FOR IB TO C ONTACT YO U Notwithstanding anything to the contrary in this Lease,
`you agree that we ma y contact you at any telephon e nuni>el{s), ceUularorotherwise, that you provide us or for which you are the own er,
`subscriber or prinnry user. Your consent allows us to use artificial or prerecorded voice rressages and automatic dialing system (A TDS )
`technology to contact you for purposes of servicing the Lease and/oryouraccount, to obtain information from you, to provide information
`to you about the Lease and/or yo ur account, and to coUect any arrounts yo u 1m y owe us. You are not consenting to telemarketing or sales
`calls.
`Unless prohibited by applicable law, you agree that you may not revoke your prior express consent for us to call you using an A TOS and/or
`artificial or prerecorded vo ice technology . A ny attempt by you to revoke consent constitutes an attcnl)t to rrodify this Lease w hich IIllSt be
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`done pursuant to the rrodification tenrs of this Lease.
`If any of your telephone nurrber(s) change, or if you cease to be the owner , subscriber or primary user of a telephone nurrber yo u have
`previously provided, you agree to notify us irrrrediately of such facts so that we may update our records. You further agree to defend and
`indermify us against any action or liability, including for our attorneys' fees, that may result from your failure to corrply with yourobligation
`to inform us that you have changed or relinquished a telepho ne nurrberpreviously provided to us.
`20. CRIDIT CARD, ELOCIRONIC FlJNDS 1RANSFER AND DEllIT CARD AUTI-IORl7A TIO N.
`T o the extent yo u have elected to provide us with a bank debit card or AO! method of payment , as opposed to a credit card, yo u agree that
`you have accepted, rather than declined, the option of making recurring lease pay1rents by debit card or AO!. In doing so, you authorize us
`to withdraw from your bank account each payme nt you may owe us. In doing so, yo u also authorize us to withdraw partial arrounts due and
`to withdraw past-<lue arrounts on dates other than on the scheduled due date. And you also authorize electronic check creation in the event
`that one must be used.
`Even if you declined paym:nts by debit card or ACH and have instead elected to tmk e paym: nts by credit card, you agree we can bill any
`credit card you provide to us for each lease paym: nt and all fees due. You authorize us to bill partial arrounts due and to bill past-due
`arm unts on dates other than on the schedu led due date. Our right to bill your credit card, and if accepted, to withdraw from yo ur debit card
`and process an ACH, will remain in full force until (i) you pay us everything that yo u owe und er your lease or (ii) you or the institution
`issuing your credit card or debit card infonrs us that we can no longer bill your credit card or debit card. Any authorization also includes
`any returned item fees or late fees that may become due. Any payment made pursuant to an authorization for payme nt via electronic trans fer
`that you have not withd rawn in a tim:ly fashion will be final. If we receive notification from you oftermination of your authorization at least 3
`business days before the scheduled date of a transfer, we will not use said authorization. To cancel your authorization, you must provide us
`with written notice mailed to Tl'MP OE, U.C, 720 E Pete Rose Way , Suite 400, Cincinnati, OH 45202. You understand that canceling your
`authorization does not relieve you of the responsibility of paying your lease payme nts in full when due.
`21. N OTI CES. Un less anothernotification method is specified in this Lease fora specific type of notification or permitted by app licable
`law , all notices made under this Lease shall be given to the other party in writing: (i) by certified or registered mail, return receipt requested,
`postage prepaid; or (ii) by nationally-recognized overnight delivery service. All such notices shall be effective upon receipt. Except as
`otherwise provided in this Lease, notices to you will be sent to the physical address at the top of this Lease, as may be updated fromtim: to
`tim: by yo u in accordance with this Section.
`22. CLASSANDRWRESENTATIVEACTIONWAIVER. YOUANDWEAGREETOWA IVEANYRIGHTSTOBRINGOROTHERWISE
`PA RTICIPATE IN A CLASS OR RE'RESENTATIVEACT ION AGA INST EAGI OTHER This means that even ifa class action lawsuit or
`other representative action is filed, such as one in the form of a private attorney general action, you m1y not participate in such action
`because you have agreed to resolve disputes with us on an individual basis. If all or any part of this class and representative action waiver
`provision is ruled illegal or unenforceable, the provision shall be severed and shall be inoperative, and the remainder of this Lease shall
`remain operative and binding on you and us. This provision shall survive termination of this Lease.
`23. ARBJTRA TIO N. PLEASE READ THIS PROVISION CAREFUIL Y. YOU ARE AGREEING, WITH SPECIFIC EXCEPTIONS STA TED
`BELOW , THAT ANYD!SPlITEWITHUS MUSTBERESOLVEDBY BIND INGARBITRA TIO N , OT IN COUR T . EXCEPT AS
`OTHERWISE PROVIDED BELOW , YOUR RIGHT TO FITE A CLA IM AGAINST US IN COURT IS WAIVED. IF YOU WANT TO OPT OlIT
`OF THE AGREEMENT TO ARBITRATE WIT H US , YOU MUST NOTIFY US IN WRITING OF YOUR D ECISION WITHIN 14 DAYS OF
`EXEClITINGTHIS LEASE
`A ll claiml, disputes or controversies between us arising from or related in any w ay to the Lease or our relationship (the "Qairri' or "Claim;")
`arc subject to arbitration. Th e agreement to arbitrate includes all C laim; no matter wha t theory they arc based on or wha t remedy they seek,
`including, without limitation, Claiml based on contract, tort, negligence, statutory or regulatory provisions, or any other legal or equitable
`theory of relief. Our agreement to arbitrate will be governed by the Federal Arbitration Ac t, 9 U.S.C. Sections 1-16 and the substantive law of
`your state or territory. If you or we elect to arbitrate a Oaitn, the arbitration will be condu cted as an individual action before a single
`arbitrator. The arbitration tray not be brought on a class-wide basis or consolidated w ith any other arbitration proceeding.
`You and we agree to use either the American A rbitration Assoc iation (www adr com) or JAMS , the Resolution t'<J)erts (www.jamrndr.com).
`If a dispute arises, you or we can ftle a Oaim with either organization in the office of the selected organization nearest to your residence. If a
`C laim is ftled in arbitration, we will pay the ftling fee. A ll other fees charged by the arbitration organization or arbitrator will be allocated in
`accordance with the rules of the arbitration organization and applicable law. If you prevail in an arbitration against us, the arbitrator may
`awa rd you your reasonab le and necessary attorneys ii€'" fees incurred in connection with the arbitration.
`As an exception to this arbitration provision, nothing in our agreement to arbitrate is intended to prevent either ofus from filing a lawsuit in
`an appropriate smt ll claim; court for an annunt that does not exceed that courtiiff"s jurisdictional limit; howeve r, all other disputes mJ st be
`arbitrated as set forth herein. If either party atterrpts to rerrove a laws uit initially filed in sma ll clain"6 court to another court, the other party
`can corrpel arbitration.
`If any part of this arbitration agreement is ruled illegal or unenforceable such that a Oa im is deemed not subject to arbitration, then we agree
`that any and all Oaiml may only be resolved by a judge, sitting without a jury, in a court ofcorrpetentjurisdiction, and not as a class action.
`If any part of this arbitration agreement is ruled illegal or unenforceable such that it is determit1ed that a Oaimmay be brought it1 a non­
`individual, representative capacity in arbitration, then we agree that all Oa i,rs may only be resolved by a judge, sitting without a jury, in a
`court ofcol11)etentjurisdiction. This provision shall survive termination of this Lease.
`24. MISCELLANIDUS . THIS LEASE AND ANY ATTACHMENTS IS THE ENT IRE AGREEMENT BETWEEN US WIT H RE<;PECT TO
`THE SUBJECT MA TIER HEREOF , AND SUPERSEDES AU., PRIOR COMMUNlCA TIONS AND UNDERSTANDINGS , WHETHER
`WRITTEN OR ORAL, A ND NEITHER OF US IS REL YING ON ANY ST A Tl'MENTS NO T CONTAINED IN THIS LEASE OR ITS
`A TT ACHMENrS . ANY STA Tl'MEl'ITS MADE BY PERSONNEL IN ANY RETAIL STORE WHERE YOU SELECTED THE PROPERTY ARE
`NOT A PART OF T HIS LEASE The failure of either party to enforce at any tim:: any of the provisions hereof shall not be a waivcrofsuch
`prov is ion, or any other provision, or of the right of such party thereafter to enforce any provision hereof. If any provision of this Lease is
`held to be illegal, invalid or unenforceable, the remaining provisions shall reml in in effect and be so construed as to effectuate the intent and
`purpose of this Lease. Unless otherwise expressly provided und er this Lease, all rem ,dies available to a party are cunulative. We are
`providing yo u a copy oft he Lease, but you may also retrieve a copy of the Lease yourself by logg ing into our customer service portal at
`https://csc whynotleaseit.comand creating an account. You may also request a paper copy from us by sending a "Request for Lease Copy"
`to the address identified above . This Lease cannot be rrodified except in writing and agreed to by you and us. Although we do not require a
`mininumcredit score, we reserve the right to verify any infonrntion provided with yo ur application forthis Lease and to perform a risk
`assessment, for w hich we ml Y access one or several consw rer reporting agencies. We reserve the right to deny you future leases.
`25. NO TICE TO CONSUMER THIS IS A LEASE YOU ARE NOT BUYIN G THE PROPERTY. DO NOT SIGN THI S LEASE BEFORE YOU
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`RFAD IT OR IF 11-IERE ARE ANYBIANK SPACES. YOU ARE FNT l1UD TO A COMP I.EfED COPY OF THE IE.ASE WHEN YOU SIGN"
`IT.
`26. IFYOU LIVEIN PUERTO RICO . NOTICE TO LFSSIB: (!) DO NOT SIGN" THIS LEASE CONTRACT WITH PUR CHASE OPTION
`BEFORE READING IT; (2) YOU HA VE THE RIGHT TO RF.cEIVE A DULY COMPLEfED COPY OF THIS CONTRACT , (3) UNDER THE
`LAW , IF YOU AREFNTITUDTO EXERQSEA EARLY PURCHASE OPTION , THE CONTRACT MUST DESCRIB E THE FORMULA TO
`CALCULA T E THE EARLY PURCHASE PRICF., (4) THIS IS A LEASE, YOU ARE NOT BUYIN G THE PROPERTY .
`LFSSEE
`Signature: Jame s N Like
`D ate: 11/7/2020
`LESSOR
`TEMPO£, LLC APPROVED
`D ate: 11/7/2020
`Version: V07.2019
`FACTS
`Rev. 00-2019
`WHAT DOES TEMPOE, LLC ("TEMPOE") DO WITH YOUR PERSONAL
`INFORMATION?
`Financial companies choose how they share your personal information. Federal law gi-.es
`consumers the right to limit some but not all sharing. Federal law also requires us to tell you
`how we collect, share, and protect your personal information. Please read this notice carefully
`to understand what we do.
`The types of personal information we collect and share depend on the product or ser..1ce you
`have with us. This