wwwjud.ct.gov
`AND ORDER FOR WEEKLY PAYMENTS
`JB-Cv-49 Rev. 6-89
`INSTRUCTIONS TO PLAINTIFFIPLAINTIFF’'S ATTORNEY
`P.B. §§ 17-23, et seq.
`Compiete this Motion and an Affidavit of Debt (/D-CV-52) and send origina! of each
`fo the Clark's Offica and one copy ofeach to all defendants. Complete section | of
`the Notica ofJudgment and Order for Weeidy Payments (/D-CV-50) and file in
`duplicate with the Clerk's Office.
`ADDRESS OF COURT(Ne., street, town and zip coda)
`Waterbury Judicial District 300 Grand St., Waterbury CT 06702
`
`MOTION FOR DEFAULT FOR
`
`FAILURE TO APPEAR, JUDGMENT
`
`STATE OF CONNECTICUT
`
`SUPERIOR COURT.
`
`;
`TO: The Superior Gourt
`Judicial
`Housing
`Bx] District
`Session
`NAME OF CASE (Piantif v. Defendant)
`LVNV Funding LLC V. Kyle Watts
`NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTION IS FILED
`
`[| G.A. No.
`
`
`ONLY
`EAE|Mm
`
`i
`
`RETURN DATE
`12/06/22
`DOCKET NO.
`UWY-CV2260680648
`
`Kyl aT
`
`
`
`.
`:
`& FAILURE.TOAPPEAR,JUDGMENTAND ORDERFORWEEKLYPAYME
`:
`In the above entitled action, the-Plaintiff(s) respectfully represent(s) that the Defendant(s} named above has (have} failed to
`file an appearance within two daysafter the return date. The Plaintiff(s) therefore request(s) that a default be entered
`against the Defendant(s} for failure to appear and that the Court enter judgment after default in favor of the Plaintiff(s) in
`accordance with the Affidavit of Debt attached. ("X" one of the following)
`$ 35.00
`The Ptaintiff(s} alsa request(s) that an order for
`BY NOMINAL [_] REASONABLE
`NAME OF PERSON SIGNING MOTION
`ADDRESS
`JEFFREY SCHRRPIBE {438731(CT))
`53 Stiles Rd. Suite A102, Salem, NH 03079
`SIGNED
`|
`A
`(_IPLAINTIFE
`XK
`feom Se G@lattorneyFoRPLAINTIFF(S) tLa ~E-23
`
`
`
`
`HLITARYSERVICE AFFIDAVIT_
`The undersigned, being duly sworn, deposes and saysthat : (“X" one of the following}
`[] the undersigned is unable to determine whether or not the Defendant(s) in this action arein the military or naval service
`of the United States.
`bd no Defendantin this action is in the military or naval service of the United States, and that, to the personal knowledge
`of the undersigned (state facts showing defendantis not in such service):
`
`weekly payments be entered.
`
`DATE SIGNED
`
`1. Defendant resides at: 319 THOMASTON AVE APT 25WATERTOWN, CT 06795
`2. The undersigned conducted a search by Defendant's name and Social Security Numberon the Department of
`Defense website: hitps://www.dmdc.osd.mil/appj/scra/scraHome.do
`
`AAA A Add Lp
`
`mV
`
`i ll
`
`OBie
`fit)7PRINT eeeIFethTITLE,OFAFFLA
`This is to certify that copies‘ofthe above Motion,“Miltary Service Affidavit,
`
`Complaint Fee... ee $
`Entry Fe@.oe $ 360.00
`Sheriff's Fee.......... eee $ 64,00
`Proceedings Before Trial...
`$
`
`Affidavit of Debt, and Plaintiff's BHI of Cast
`LS. Mail, postage prepaid on (date):
`and address(es} of
`to the following Defendants: (Enter name(&)
`Defendant(s).
`
`Kyle Watts
`.
`ee
`319 THOMASTONAVEAPTus mnatneeutamnn
`WATERTOWN,CT06798
`$ 424,00
`TOTAL
`
`vietgehcrscecerseees 4917893
`
`SIGNED\A. (C] PLAINTIFF
`
`Xxuw_ De] ATTORNEY FOR PLAINTIFF(S)
`DATE SIGNED
`
`re delivered/mailed via
`
`
`
`

`

`Results as of = Fob-09-2023 03:00:01 AM
`SCRA 5.15
`
`Department cf Defense Manpower Data Center
`
`
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`SSN: =
`Birth Date: F
`Last Name:
`WATTS
`First Name:
`KYLE
`
`Middle Name:
`
`Status As Of:
`
`Feb-09-2023
`
`Certificate ID:
`
`C7PNDDHJD1XCBVW
`
`Onte tyOnAety StnOat
`
`
`
`i eon ibswaarfowlHekaswadSyocpa orate
`
`
`
`Upon searching the data banks of the Department of Defensa Manpower Data Center,based on the informationthat you provided, the aboveis the status of
`the individual on the activa duty status date as to all branches of the Uniformed Services (Army, Navy, Maring Corps, Air Force, NOAA, Public Heaith, and
`Coast Guard). This status includes information on a Servicememberorhis/her unit receiving notification of future orders to report for Activa Duty.
`
`
`
`Michael V. Sorrento, Director
`Department of Defanse - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`The Defense Manpower Data Center (OMDC)is an organization of the Department of Defense (Def) that maintains the Defense Enrollment and Eligibifity
`Reporting System (DEERS) database whichis the official source of data on eligibility for military medical care and other aligibility systems.
`
`The DoD strongly supports the enforcementof the Servicemembers Civil Relief Act (50 USC App. § 3904 et seq, as amended) (SCRA) (formerly known as
`the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMOC has issued hundreds of thousands of "does not possess any information indicating that the
`individualis currently on active duty" responses, and has experienced only a small errorrate. In the event the individual referenced above, or any family
`member,friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is otherwise entitled to the
`protections of the SCRA,you are strongly encauraged to obtain furtherverification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35) via this URL: httes://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
`was on aclive duty fer the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked
`against you. See 50 USC App. § 3921({c).
`
`(1) The individual’s Active Duty status on the Active Duty Status Date (2) Whetherthe individualleft Active
`This response reflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe individual or his/her unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`Moreinformation on "Active Duty Status"
`Active duty status as reportedin this certificate is defined in accordance with 10 USC § 104(d) (1). Prior to 2010 only someof the active duty periods less
`than 30 consecutive days in length were available.
`In the case of a memberofthe National Guard,this includes service under a call to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. Alt Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officerof the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRAis broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protections are for Title 10 and Title 14 active duty recordsfor ail the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC § 101(d){1}.
`
`Manytimes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amendedto extend the inclusive dates of service.
`Furthermore, some protections of the SCRA may extend te persons who have received orders to report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`exiend beyond the last dates of active duty.
`
`Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
`are protected
`:
`
`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneousinformation will cause an erroneouscertificate to be provided.
`
`

`

`AFFIDAVIT OF DEBT
`RE: MOTION FOR DEFAULT
`FOR FAILURE TO APPEAR,
`JUDGMENT AND ORDER FOR
`WEEKLY PAYMENTS
`JD-CV-52 Rev. 5-99
`PB. §17-25
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`
`
`
`INSTRUCTIONS
`7. Complete ihis affidavit and send original with your carnpleted Motion for Default to Appear, Judgment and Order
`for Weekly Payments (/D-CV-49} and Notice of Judgment and Order of Payments (JD-CV-50) to the Clerk's Office.
`2. Attach @ copyof the contract, lease or other document, if applicable, io the completed affidavit
`3 If interest is being daimed, the period covered and the rate clasned must be stated.
`4. If claiming alforney's fees, a copy of the agreement must be aHachad.
`
`5. Send one copy of ihe completed Affidavil and Motion to each defendant.
`
`12/06/22
`DOCKET NO.
`
` TO: The Superior Court
`UWY -CV226068 0645
` ADDRESS OF COURT (No, singe’, town, and zip code)
`COUR
`
`T JUBICLAL
`HOUSING
`
`DISTRICT
`SESSION
`Waterbury Judicial District 300 Grand St., Waterbury CT 06702
`
`NAMEOF CASE (Plaintiff v. Defendant)
`LVNV Funding LLC V. Kyle Watts
`
`NAME(S} OF (ALL) DEFENDANT{S) AGAINST WHOM MOTION IS FILED
`Kyle Watts
`:
`
`
`RETURN DATE
`
`The undersigned deposes and says that (s}heis the[| Plaintiff or DL (title) Attorney of the
`
`Plaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows:
`
`
`
`A detailed affidavit of debt, executed by the Plaintiff, LVNV Funding LLC is attached hereto and made a part
`hereof.
`
`This communication is from a debt collector.
`4217893
`
`
`
`made a part hereof.
`
`affidavit of debt is attached_and
`(—)
`
`SIGNED (Affiant)VyaS NTNAME OF AFFIANT
`Subscribed and s (ben te before me: LMTFHS 2)
`j
`hel AtA]
`Pry
`
`.
`
`\
`
`G
`
`D. Gb
`
`5
`
`DATE.
`
`SIGNED
`
`

`

`4217893W696199
`
`689091489
`
`PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT
`
`I am an Portfolo Support Specialists for Resurgent Capital Services, servicer for the current owner, LVNV Funding
`LLC (hereafter the Plaintiff"), and hereby certify as follows:
`
`. [have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records which includes
`the computer
`records of its
`:acéounts
`and corresponding receivables. This
`information is
`regularly and
`contemporaneously maintained during the course of Plaintiffs business.
`
`.
`
`In the regular course of business, Plaintiff acquires revolving credit accounts, installment accounts, service accounts
`and/or other credit lines. or obligations. The records provided to Plaintiff in connection with such acquisitions are
`represented fo include accurate mformation provided by the original creditor and/or subsequent owners, and that
`mformation.is reliably incorporated into Plaintiff's business records. Such information includes the debtor's name and
`social security number, the account balance, the identity of the orginal creditor and the account number.
`
`. Based on the business records maintained on account XXXX6368 and its corresponding receivables (hereinafter the
`"Account"), which are a compilation of the information provided upon acquisition and information obtained since
`acquisition, the Account was originated on 05/30/2018 by Cross River Bank and represents a valid obligation of Kyle
`Watts .
`
`. Plaintiff is the current owner of the Account. Plaintiffs business records indicate that subsequent to the Account's
`origination other owners of the Accountincluded:
`
`CrossRiver Bank
`Sherman Originator!! LLC
`Sherman Originator LLC
`
`. On 91/10/2020 all ownership rights in the Account were assigned to, transferred to and became vested in Plaintiff,
`including the right to collect the current balance owing of $13,640.93 plus any legally permissible interest.
`
`. To the best of my knowledgeand belief, the Defendant is not a minor or mentally incompetentperson.
`
`. Based on the business records maintained in regard to the Account, the above-stated amountis justly and duly owed
`by the Defendant to the Plaintiff and ali just and lawful offsets, payments and credits to the Account have been
`allowed. Demand for payment was made more than thirty days ago.
`
`. All documents attached hereto are tue and correct reproductions of the original business records maintained by
`Plaintiff
`
`01/23/2023
`
`
`I affirm under penalty of perjury that the above facts are true and correct to the best of my,
`Plaintiff's business records.
`
` Arlah Klugh
`QAM zy
`oN OLL ny
`~~
`Seger Beye
`‘
`2 ee
`“an.
`24
`i§ apeer,
`2518 Oo".
`2aOo
`
`The foregoing affidavit was signed to and subscribed before
`me this Monday, January
`23, 2023
`“_—
`
`(NotaryPublic}
`
`~
`
`/12914
`
`
`
`iWB ~“ty,CAROLS?8tayWwWwe
`
`soo
`
`

`

`LOAN AGREEMENT
`
`kyle watts
`3151043b-448b-4dd4-8491-a8ea01 ibdfad
`
`Cross River Bank
`Best Egg Loan Agreement and Promissory Note
`The terms and conditions of this Loan Agreement and Promissory Note (this “Agreement”) are a
`binding contract between Cross River Bank {"we,” “us,” or “our”) and the borrower("you" and
`“your’), whose name and addressare listed above. The termsof this Agreement affect your
`tights and you should read them carefully and print a copy for your records, Your agreementto
`these terms means you agree to borrow and repay the moneyif your loan is approved underthe
`terms of this Agreement, and agree to have any dispute with us resolved by binding arbitration
`to extent permitted by law.
`
`e208
`
`1. Loan Terms.
`The principal Amount of Your Loan is: $14,500.00.
`The Origination Fee is: $578.55.
`The Amount Given to You Directly is: $13,921.45.
`The Interest Rate is: 18.03%,
`Your Payment Scheduleis; 59 consecutive monthly payments of $368.44 and one final
`paymentof the unpaid principal balance,all unpaid interest, and all unpaid fees and
`charges. Thefirst payment will be approximately one calendar month after the loanis
`funded. See paragraph 7. Payments, below, for more details.
`oO
`f. Your loan is unsecured.
`
`2. Credit Reports. You hereby authorize us (and our service providers) to obtain consumer
`reports (also called credit reports) and related information about you from one or more
`consumerreporting agencies. We may also obtain additional consumer reports at any timein
`connection with the origination, servicing, administration, collection, or enforcementof the loan,
`
`3. Verification of Information. We mayverify any information you submit by requiring you to
`produce appropriate documentation or other proof, and also reserve the right to conduct such
`verification through third parties. You hereby authorize us to request and obtain data from any
`third parties to verify any information you provide to us in connection with your application.
`Verification of information may cause a delay in the disbursement of loan proceeds. We may
`terminate consideration of your application at any time in our sole discretion.
`
`4. Loan Funding and Closing.
`¢
`Funding. You authorize us to disburse the loan proceeds by Automated Clearing House
`(“ACH”) transfer to your designated account or on your behalf to your selected designee.
`e Closing. BY ELECTRONICALLY SIGNING OR AGREEING TO THIS AGREEMENTIN
`ANOTHER WAY, YOU ARE COMMITTING TO OBTAIN A LOAN FROM USIN THE
`AMOUNT AND ON THE TERMS SET FORTH IN THIS AGREEMENT, YOU
`GENERALLY HAVE NO RIGHT TO RESCIND THE LOAN ONCE MADE BUT YOU
`MAY PREPAY THE LOAN AT ANY TIMEWITHOUT PENALTY. WE HAVE NOT
`AGREED TO MAKE A LOAN TO YOU UNLESS AND UNTIL WE INFORM YOU THAT
`WE HAVE APPROVED YOUR LOAN APPLICATION.
`
`R-052617
`
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`
`

`

`5. Promise to Pay. You promise to payto us the Amount of Your Loan set forth in paragraph1,
`including Loan Terms, above, together with interest and fees as provided in this Agreement.
`
`6. Interest. You agree to pay interest on the unpaid principal balance of the Amountof Your
`Loan from the date the loan proceedsare disbursed until the loanis paid in full, at the fixed
`Annual LoanInterest Rate set forth in paragraph 1. Loan Terms, above. interestis calculated on
`a daily basis, on the unpaid principal balance, at the interest rate, and for the number of days
`that balance was unpaid.This is a simple interest obligation, and interest is not charged on
`unpaid interest. The Total Payments and amountof the Finance Chargeset forth in the Truth in
`Lending Disclosure Statement assume that each payment is madeon its due date. Late
`payments will result in more interest (and fees as set out in paragraph 12); early paymentswill
`result in less interest.
`
`7, Payments. You agree to make monthly payments ofprincipal and interest in the amounts set
`forth in the payment schedule in paragraph 1. Loan Terms, above. The last payment may be a
`different amount becauseof rounding and because of when you made yourprior payments and
`whether you paid them infull.
`
`8. Making Your Loan Payments. If you authorize us and our successors and assigns (and any
`of our successors’ and assigns’ affiliates, agents or service providers) and in consideration of
`our disbursementof loan proceeds to you more rapidly by ACH than by check, wewil! debit your
`designated account by ACH transfer for the amountof the payment due onits due date. With
`regard to payments made by automatic withdrawal, you have the right to stop paymentof
`automatic withdrawals or revoke your prior authorization for automatic withdrawals by notifying
`us or your financial institution at least three (3) banking days before the scheduled date of
`transfer. You may elect at any time to make payments by check or another method by
`contacting our customer service department at 1-844-825-2608. If you elect to make payments
`by check or any method other than automatic withdrawal by ACHtransfer, you must send such
`payments as directed on your monthly billing statements. You may be charged a fee as set forth
`in paragraph 12 for payments by check or any method other than automatic withdrawal by ACH
`transfer.
`If you do not provide authorization to debit your designated account by ACHtransfer,
`then you will be deemed to have elected to pay by another method in accordance with the
`foregoing provisions.
`If you elect to make payments by ACHtransfer, you authorize us and our
`successors and assigns (and any of our successors’ and assign’affiliates, agents or service
`providers) to debit your designated account by ACH transferfor the amount of each remaining
`payment due onits due date. However, if your payment due date occurs on a non-business.
`day, your accountwill be debited the next business day. Youwill maintain sufficient funds in
`your designated account to make these payments. This authorization doesnot affect your
`obligation to pay when dueall amounts payable on your loan, whether ornotthere are sufficient
`funds in your accounts. The foregoing authorization Is in addition to, and notin limitation of, any
`rights of setoff we may have. You havethe right to have any unauthorized debit credited to your
`bank account in accordancewith the applicableprovisions ofthe Electronic Funds Transfer Act
`as implemented by Federal Reserve System Regulation E. If you stop the automatic
`withdrawals, you are still obligated to make each paymentthat is due. You will receive a
`monthly statement advising of your payment amount. You may contactus for instructions on
`how to make payments by other payment options.
`
`9. Prepayments and Partial Payments. You may make any payment early, in whole orin part,
`without penalty or premium at any time. Any partial prepaymentis to be applied to any
`applicable paymentor returned paymentfees, interest, and then to the principal, and does not
`postpone the due date of any subsequent monthlyinstallments, unless we otherwise agree in
`
`R-052617
`
`10849
`
`

`

`writing. If you prepay in part, you agree to continue to make regularly scheduled payments until
`all amounts due underthis Agreement are paid. We may accept late paymentsor partial
`payments, even though marked “paid in full” or with similar language, without losing any
`rights under this Agreement. We will use any payment we receive to pay any payment then
`due, in whole or in part. ifno payment Is then due, we will use any paymentof the regularly
`scheduled payment amount to pay the next scheduled payment. If the next scheduled payment
`has been paid, or if the payment is in another amount, wewill treat the payment as a partial
`prepayment, uniess you and we agree otherwise.
`
`10. Application of Payments.All regularly scheduled payments are to be appliedfirst to any
`applicable paymentor returned paymentfees, interest, andthen to the principal, and then to
`collection and other permitted expenses provided; however, that after an Event of Default (as
`defined below), paymentswill be applied to your obligations as we determine in our sole
`discretion.
`
`11. Other Borrower Obligations. You agree that you (A) are a US citizen or permanent
`resident and (B) did not andwill not, in connection with your loan application: (i) make any false,
`misleading or deceptive statements or omissions offact in your application; (ii) misrepresent
`your identity, or describe, present or portray yourself as a person other than yourself; (iii) use
`any of the loan proceeds to fund any post-secondary educational expenses, including, but not
`limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. You
`acknowledge and agree that we mayrely without independent verification on the accuracy,
`authenticity, and completenessofalt information you provide to us. You certify that the proceeds
`of the loan will not be used for the purpose of purchasing orcarrying any securities or to fund
`anyillegal activity.
`
`12. Fees.
`* Origination Fee.If applicable, you agree to pay a non-refundable Origination Feeto us,
`as set forth in paragraph 1. Loan Terms, above. This fee will be deducted from yourloan
`proceeds, so the Amount Given to You Directly or on your behalf may be less than the
`full principal Amount of Your Loan. You acknowledge that the Origination Fee will be
`considered part of the principal on your loan and is subject to the accrual ofinterest.
`
`« Returned Check or ACH Fee. You agree to pay a fee of $15 If ACH transfers or checks
`are returnedor fail due to insufficient funds in your accountor for any other reason. The
`bank that holds your designated account may assessits own fee in addition to the fee
`we assess.
`
`*
`
`e
`
`Late Fee. If your payment is not received by us within three daysof the due date, wewilt
`charge a late fee in the amount of $15. Wewill charge only one late fee on each late
`payment. These fees may be collected using ACH transfers initiated by us from your
`designated account. Any such late fee assessed is immediately due and payable
`(subject to application of payments in paragraph 10, Any paymentreceived after 6:00
`P.M., Eastern Time, on a banking day is deemed received on the next succeeding
`banking day.
`
`if you elect to make payments by check or any method other than
`Payment Fee.
`automatic withdrawal by ACH transfer, then you may be charged a fee in an amount of
`up te $7 for each such monthly payment. You agree to pay such paymentfee, as we
`notify you from time to time, by the due date for each monthly payment.
`
`R-052617
`
`10845
`
`

`

`13. Default. You may be deemedin default on your loan (each, an “Event of Default’) if you: (1)
`fall to pay timely any amountdue on yourloan; (2) file or have instituted against you any
`bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (3)
`die; (4) commit fraud or make any material misrepresentation in this Agreement, or any other
`documents, applications orrelated materials delivered to us in connection with your loan; or (5)
`fail to abide by the terms of this Agreement. Upon the occurrence of an Event of Default, and
`after any notice and opportunity to cure the default, if such notice andright to cure is required by
`applicable law, we may exerciseall remedies available to us under applicable law and this
`Agreementincluding, without limitation, demand that you or your estate immediately pay all
`amounts owed on your loan.
`
`14. Collection & Reporting of Delinquent Loans. You agree to payall costs ofcollecting any
`delinquent payments, as permitted by applicable law, including, if we file sult in court,
`reasonable attorneys’ fees for an attorney whois not our salaried employee. We may report
`information about your accountto credit bureaus. Late payments, missed payments,or other
`defaults on your account may be reflected in your credit report.
`
`15, Communications Consent: You agree that we and any of our affiliates, agents, service
`providers or assigns (and anyofour assigns'affiliates, agents or service providers) may cail
`you, leave you a voice prerecorded,orartificial voice message, or send a text, e-mail, or other
`electronic message to you for any purpose related to the processing, servicing and collection of
`your loan, for surveys or researchor for any other informational purpose related to your loan
`{each a “Communication’) using an automatic telephone dialing system or otherwise. You
`agree that we and anyof ouraffiliates, agents, service providers or assigns (and any of our
`assigns’affiliates, agents or service providers) may call or text you at any telephone number
`associated with yourloan, including cellular telephone numbers, and may send an e-mail to any
`email address associated with your loan. You also agree that we and anyofouraffiliates,
`agents, service providers or assigns (and any of our assigns'affiliates, agents or service
`providers) may include your personal information in a Communication and may conduct a
`Communication using an automatic telephone dialing system. We will not charge you for a
`Communication, but your data service provider may. in addition, you understand and agree that
`we and anyofour affiliates, agents, service providers or assigns (and any of our assigns'
`affillates, agents or service providers) may always comimunicate with you in any manner
`permissible by law that does net require your prior consent.
`
`16. Assignment of Your Loan. You agree that we may, without further prior notice to or
`consentfrom you, assign any orall of our right, title and interest in this Agreement and your
`loan, including record ofthis loan, the debt incurred, anytransferof the cbligation and your
`promise to repay, to anyone. Marlette Funding, LLC orits agents or designees, acting solely for
`this purpose as your agent, shall maintain at oneofits offices in Wilmington, Delaware a copy of
`each assignmentdelivered to it and a register for the recordation of the name and addressof
`the holderof your loan (including any assign, if any, who becomesthe holderof your joan
`pursuant to an assignment), and principal amounts (and stated interest) of your loan or loans
`owing to, such holder pursuantto the terms hereof from time to time (the “Register’). The
`entries in the Register shall be conclusive absent manifest error, and you, Cross River Bank or
`its agents or designees, and the hoider of your loan(including any assign, if any, who becomes
`the holder of your loan pursuant to an assignment) shall treat the person whose nameis
`recorded in the Register pursuant to the terms hereof as a holderof your loan hereunderfor aif
`purposes of this Agreement. Recordation in the Register is the sole means of assignment or
`transferof the holder's (orits assign’s) interest in your loan. The Register shall be available for
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`inspection by you and any holder(including assigns), at any reasonable time and from time to
`time upon reasonable prior notice.
`
`17. Entire Agreement. This Agreement represents the entire agreement between you and us
`regarding the subject matter hereof and supersedesall prior or contemporaneous
`communications, promises and proposals, whetheroral, written or electronic, between us with
`respect to your application and loan.
`
`18. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT
`TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH YOU AGREED TO AT THE
`TIME OF YOUR APPLICATION. YOU EXPRESSLY AGREE THAT THIS AGREEMENT IS A
`“TRANSFERABLE RECORD” FOR ALL PURPOSES UNDER THE ELECTRONIC
`SIGNATURESIN GLOBAL AND NATIONAL COMMERCE ACT AND THE UNIFORM
`ELECTRONIC TRANSACTIONS ACT.
`
`19. Notices. Al! notices and other communications to you hereunder may be given by email to
`your email address onfile with us or by regular mail to your address onfile with us, and shall be
`deemed to have been duly given and effective upon transmission. You acknowledge that you
`have sole access to the email account onfile and that communications from us may contain
`sensitive, confidential, and collections-related communications. If your email address changes,
`you must notify us of the change. You also agree to update your residence address and
`telephone numberif they change. You may send written correspondenceto usat the following
`address: Best Egg, P.O. Box 3999, St. Joseph, MO 64593-0999. You may also reach us by
`phone by dialing 1-844-825-2608 during normal business hours.
`
`20. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTHIN THIS AGREEMENT, WE
`MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT
`LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
`PARTICULAR PURPOSE.
`
`21. LEMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY
`LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES,
`EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE
`MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT
`THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX
`LIABILITY.
`
`22. Waiver of Demand. You hereby waive demand, notice of non-payment, protest, and all
`other notices or demands whatsoever, unless such waiver is prohibited by law.
`23. Amendments. Any changesto this Agreement must be in writing signed by you and us.
`
`24, Miscellaneous. The parties acknowledge that there are no third party beneficiaries to this
`Agreement. You may not assign, transfer, sublicense or otherwise delegate your rights or
`obligations under this Agreement to another person without our prior written consent. Any such
`assignment, transfer, sublicense or delegation in violation of this paragraph 24 shall be null and
`void, We are locatedin the State ofNew Jersey and this Agreement will be entered into in the
`State of New Jersey. The provisions of this Agreementwill be governed by federal laws and, to
`the extent that state law applies, the laws of the State of New Jersey, without regard to any
`principle of conflicts of laws that would require or permit the application of the laws of any other
`Jurisdiction. Any waiver of a breach of any provision of this Agreement will not be deemed a
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`waiverof any other subsequent breach. Failure or delay by either party to enforce any term or
`condition of this Agreementwill not constitute a waiver of such term or condition. If at any time
`" after the date of this Agreement, any of the provisions of this Agreementshall be held by any
`court of competentjurisdiction to beillegal, void or unenforceable, such provision shall be ofno
`force and effect, but the illegality and unenforceability of such provision shall have no effect
`upon and shall not impair the enforceability of any other provisions of this Agreement. The
`headings in this Agreementare for reference purposes only and shall not affect the
`interpretation of this Agreementin any way.
`
`25. NOTICE TO ACTIVE DUTY MILITARY SERVICEMEMBERS AND THEIR DEPENDENTS:
`Federal law provides important protections to members of the Armed Forces and their
`dependentsrelating to extensions of consumercredit. In general, the cost of consumer
`credit to a memberof the Armed Forces and his or her dependent may not exceed an
`annual percentage rate of 36 percent. This rate must include, as applicable to the credit
`transaction or account: The costs associated with credit insurance premiums;fees for
`ancillary products sold in connection with the credit transaction; any application fee
`charged (other than certain application fees for specified credit transactions or
`accounts); and any participation fee charged (other than certain participation fees for a
`credit card account).
`
`For more information regarding your rights as a covered borrowerunderthe Military Lending
`Act, please call 1-844-876-2611.
`
`26, Arbitration.
`a. Either party to this Agreement, or any subsequent assign of this Agreement, may,atits
`sole election, require that the sole and exclusive forum and remedyfor resolution of a
`Claim be final and binding arbitration pursuant to this paragraph 25 (the “Arbitration
`