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Thank you for applying online for a Bank of America checking, savings, and/or Certificate of
Deposit (CD) account.
We have received your online application and simply need you to call us, within 10 days, so that
we can verify information received in your online application. This verification is critical to
timely processing of your application. If you are unable to contact us within 10 days, you will
need to reapply. If you have already contacted the bank on this subject, please disregard.
Please contact Bank of America at 1.888.383.7500 between the hours of 8:00 a.m. and 9:00 p.m.
Pacific Time Monday through Friday or between the hours of 8:00 a.m. and 5:00 p.m. Pacific
Time on Saturdays and Sundays, to open your account now.
Thank you for giving us the opportunity to serve you and welcome to the Bank of America
family.
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Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
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Please do not reply to this email with sensitive information, such as an account number, PIN,
password, or Online ID. The security and confidentiality of your personal information is
important to us. If you have any questions, please either call the phone number on your account
statement or go to the Contact Us page below, so we can properly verify your identity:
http://www.bankofamerica.com/contact/
Keeping your financial information secure is one of our most important responsibilities. For an
explanation of how we manage customer information, please read our Privacy Policy:
http://www.bankofamerica.com/privacy
You can also learn how Bank of America keeps your personal information secure and how you
can help protect yourself: http://www.bankofamerica.com/privacy/index.cfm?
template=privacysecur_prevent_fraud
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC 28255-0001
This email was sent to: drgeorgecaingletpalaganas@yahoo.com
Bank of America
Customer using a laptop for Online Banking Online Banking Alert
Your application is being processed
MyAccess Checking
We are processing your request. If we need additional information, we will notify you by phone
or e-mail, however we will not request any information be submitted to us via e-mail. You will
receive an e-mail message once your application is complete. Thank you for your patience.
If you have questions about your application, our service representatives are available to assist
you.
If you have additional questions about other Bank of America products or services, please call
customer service at 1.800.432.1000.
Thank you for giving us the opportunity to serve your banking needs.
Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC 28255-0001
Official Sponsor 2004-2008 U.S. Olympic Teams Bank of America, N.A. Member FDIC. Equal
Housing Lender
© 2010 Bank of America Corporation. All Rights Reserved.
This email sent to: drgeorgecaingletpalaganas@yahoo.com
------------------------------
sUBJ:Thank you for submitting an online application with Bank of America
Date:Sunday, June 13, 2010 7:29 PM
From:
"reply@smallbusiness.bankofamerica.com" <reply@smallbusiness.bankofamerica.com>
Add sender to Contacts
To:
drgeorgecaingletpalaganas@yahoo.com
Dear Valued Customer,
Thank you for applying for the following Bank of America Small Business account:
We’ll begin reviewing your application within 1 business day and will get back to you
soon.
Questions
If you have questions about your online application, please contact a Small Business Specialist at
1.866.460.1287. Specialists are available to assist you Monday through Friday, from 8 a.m. to 7
p.m. ET.
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Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
-----------------------------------------------------------------------
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Please do not reply to this email with sensitive information, such as an account number, PIN,
password, or Online ID. The security and confidentiality of your personal information is
important to us. If you have any questions, please either call the phone number on your account
statement or go to the Contact Us page below, so we can properly verify your identity:
http://www.bankofamerica.com/contact/
Keeping your financial information secure is one of our most important responsibilities. For an
explanation of how we manage customer information, please read our Privacy Policy:
http://www.bankofamerica.com/privacy
You can also learn how Bank of America keeps your personal information secure and how you
can help protect yourself:
http://www.bankofamerica.com/privacy/index.cfm?template=privacysecur_prevent_fraud
Bembesan EVIS
Your online application number <SN12197425> needs more information so that we can continue
to process your application. Currently we are unable to finish processing your General
Partnership application until we receive the documentation listed below:
* Business Name Filing Document (Such as a Fictitious Name Certificate or Certificate of
Trade Name)
Please provide the document(s) that have been listed above. Then fax or email us the completed
document(s) so we can continue processing your application. If you have any questions about
this or other Bank of America products or services, please contact Bank of America at
1.866.460.1287.
Thank you for giving us the opportunity to serve your business banking needs.
Sincerely,
Kela Johnson
Fax: 1.800.435.0051
Bank of America
Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
Bank of America Email, 8th Floor, 101 South Tryon St. , Charlotte , NC 28255-0001
Date: Sun, 06 Apr 2008 02:37:10 -0700
Subject: Receipt for your Money Request
To: "George Cainglet Palaganas PhD" <manilascooltalk@yahoo.com>
From: "service@intl.paypal.com" <service@intl.paypal.com> Add Mobile Alert
Yahoo! DomainKeys has confirmed that this message was sent by intl.paypal.com. Learn more
Dear George Cainglet Palaganas PhD,
This email confirms that you sent a money request for $10,000.00 USD to
webadmin2@accessbankplc.com.
It may take a few moments for this transaction to appear in the Recent
Activity list on your Account Overview.
----------------------------------------------------------------
Money Request Details
----------------------------------------------------------------
Amount: $10,000.00 USD
Subject: Acct.#105B0439401 e-mail:manilascooltalk@yahoo.com wire
transfer
To modify or cancel this money request, go to the PayPal website at:
https://www.paypal.com/row/prp/id=BQHPxsmD3n1AYLoo.sTMncqSWHBGYLy5CMFRzQ
Thank you for using PayPal!
The PayPal Team
------------------------Messages---------------------------------------------------
Date: Tue, 1 Apr 2008 15:47:54 -0700 (PDT)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address Book Add Mobile
Alert
Subject: Wire Transfer of Funds
To: CustomerService@accountnowvisa.com, manilascooltalk@yahoo.com
Full name : George C. Palaganas
Last four digits of your social security number : ****
Your phone number : 206-339-2624
The last deposit amount : $10,000.00
CustomerService@accountnowvisa.com
E-mail cssamec1@hotmail.com)
Best Regards,
James Whelehan
Hiring coordinator Asian Market exchange Company
--------------------------------------------------------------------------------
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Date: Fri, 8 Feb 2008 17:00:40 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address Book Add Mobile
Alert
Subject: For Electronic Arbitration
To: Glendale.NDS@bankofamerica.com
February 09,2008 Saturday
Dear Glendale.NDS@bankofamerica.com,
Please transfer the ff. amount on the account below
Amount: $US319.80
TO: Account Number: [428755041] Bank BSB: [112-908] Bank SWIFT (BIC):
[SGBLAU2S] Bank Routing Code: [021000021] Bank Name: [St George Bank Ltd,
Marcus Clarke St, Canberra, Australia]
From my account
Routing NUmber: 111000025 Acct Number:517021345
Thank you,
George C. Palaganas,Ph.D.
Below are the letters of current transactions with your bank.
Attention: Delaware Payment Services
-------------------Messages-----------------------------
Date: Sat, 2 Feb 2008 09:32:48 -0500
To: manilascooltalk@yahoo.com
From: "NCH Software" <donotreply@nchsoftware.com> Add Mobile Alert
Subject: Invoice for Purchase ref SINV6080
NCH Software
INVOICE
Our Ref:
SINV6080
To:
George Palaganas
From:
NCH Software
Level 3, 28 University Ave
Canberra ACT 2600
Australia
For:
Software Licenses
1 x IMS On-Hold Player Professional ($139.00ea): $US139.00
1 x IVM Telephone Attendant Professional ($144.16ea): $US144.16
(bundle discount + special offer from normal price $256.40ea)
1 x Express Talk Business Edition ($13.65ea): $US13.65
(bundle discount + special offer from normal price $38.80ea)
1 x Silver Technical Support Service ($8.00ea): $US8.00
Delivery by online download.
plus $US15 processing fee for manual invoice payment
Total:
$US319.80
Payment Instructions:
---------------------
Please transfer the full amount above to account: [NCH Software]
Account Number: [428755041] Bank BSB: [112-908] Bank SWIFT (BIC):
[SGBLAU2S] Bank Routing Code: [021000021] Bank Name: [St George Bank Ltd,
Marcus Clarke St, Canberra, Australia]
You must pay any additional bank fees charged by your bank. You MUST
also quote the reference number [SINV6080] on the transfer. After you
have made payment please fill out the form on
www.nch.com.au/support/inv.html to confirm payment date and remittance. Failure to do any of
the
above will delay processing of your order.
To change your order please also see the information at the bottom of
www.nch.com.au/support/inv.html.
If you need to contact us about this invoice, please use
www.nch.com.au/support/reg.html. You cannot reply to this email.
This invoice is an user-generated-invoice. It cannot be used for tax or
legal reasons until payment has been made in full. It requires a bank
receipt for the telegraphic transfer to be substantiated.
----------------------Messages--------------------------------------
Date: Wed, 30 Jan 2008 11:31:21 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add Mobile Alert
Subject: For Electronic Arbitration ABA#111000025 Acct.No. 517021345
To: manilascooltalk@yahoo.com
Subject: For Electronic Arbitration ABA#111000025 Acct.No. 517021345
To: newaccounts@bankofamerica.m, info@myquikloan.com
January 30,2008
Dear Bank Managers:
I was wondering why there is a hard time for the following loans reflecting on my account with
bank of America.
My Check bears the following ABA# and Account No.(for electronic arbritration)
George C. Palaganas
9427 Southwest Barnes Road
PORTLAND, OR 97225
Tel.No. 206-339-2624
ABA # : 111000025
Acct.#: 517021345
The following are data from your bank as I am doing this transactions and letters corresponding
to
their reflections in our past communications are attached below this letter,
Bank of America Data:
Re: Applicant #7981562
Email ID: AO203
Confirmation Number: 0002431850
Case number : 32330500
32339564
Letter Code : KMM75514273I26743L0KM
The following are data from the lending institutions that effects fund infusion to the checking
account and letters including signed commissions are attached below this letter,
LENDERS Data:
1.Lending Institution: http://www.MyQuikLoan.com
Vancouver, BC V6N 2C7Canada
Phone: (800) 474-5686
Fax: (866) 648-3539
Email: info@myquikloan.com
Loan Contract # 21885498
Customer #: 234-12-3123
Amount Cash Advanced: $400.00
Date of Cash Advance: 29-Jan-2008
2.Lending Institution: http://www.Payday-Loan-Yes.com
Supervisor's Phone# (503)2162602
LOAN APPLICATION# 16076688
Amount Cash Advanced: $300.00
Date of Cash Advance: 19-Jan-2008
3.Lending Institution: FLB IBC Limited D/B/A Flash Loans
Agreement #: 21913430
Amount: $400.00
Date: 1/31/2008
Total Deposits: $1100.00
If there are more questions regarding the data above on accounts and cash advances, please call
me up at 206-339-2624 or fax messages
to 801-926-6368. Thank you very much.
George C. Palaganas
Note: Next below this line are our communications in the past regarding the matter.
-------------------------Messages-------------------------------------
Date: Thu, 31 Jan 2008 08:43:07 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address BookAdd to
Address Book Add Mobile Alert
Subject: CONSUMER LOAN AGREEMENT
To: manilascooltalk@yahoo.com
CONSUMER LOAN AGREEMENT
FLB IBC Limited D/B/A Flash Loans
Name: George Cainglet Palaganas
Address: 2118 S 875 E
Account #: 234-12-3123 City/State/Zip: Clearfield, UT 84015
Type of Contract: Consumer Loan Contract Date: 1/31/2008
Agreement #: 21913430 Disbursement Date: 2/1/2008
Phone: 801-926-6368
Payment Date: 2/15/2008
In this Consumer Loan Agreement (Loan Agreement), the words "you" and "your" mean the
borrower who has electronically signed it. The words "we", "us" and "our" mean , FLB IBC
Limited D/B/A Flash Loans.
In order to complete your transaction with us, you must electronically sign this Loan Agreement
by typing your name in the space provided at the end of this document. Consummation occurs
when you accept the terms of this Loan Agreement by typing your name at the end of this
document. This Loan Agreement represents our unconditional offer to extend you credit. If you
properly accept this Loan Agreement as offered, then it becomes a binding contract. You have
chosen to receive the proceeds of this Loan Agreement electronically. Therefore, if the Loan
Agreement is consummated, then we will use commercially reasonable efforts to effect a credit
entry by depositing the proceeds from this Loan Agreement into the bank account listed below in
the ACH Authorization ("Your Account") on 2/1/2008 ("Disbursement Date"), unless such
proceeds are applied to any outstanding obligation to us. Unavoidable delays as a result of
inadvertent processing errors and/or "acts of God" may extend the time for the deposit.
You promise to pay us the Total of Payments according to the terms of the Disclosures set forth
below and other permitted charges on the date stated in your Payment Schedule below, or after
the Disbursement Date in the event of a delayed disbursement, (the "Payment Date"). Pre-
computed interest is calculated from the Disbursement Date based upon the assumption that you
will pay us as scheduled. Interest is pre-computed and charged from the Disbursement Date until
the Payment Date, and the amount of interest and rate is set forth in the Annual Percentage Rate
and Finance Charge disclosure below. No interest will accrue after the Payment Date. All
payments will be applied first to interest and then to principal. Both the amount of interest
charged and rate thereof are set forth respectively in the Finance Charge and Annual Percentage
Rate disclosures. Pursuant to the ACH authorization Agreement, you direct us, our successors or
assigns to initiate an ACH debit entry to debit funds from Your Account on the Payment Date or
thereafter.
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
The cost of your credit as
a yearly rate.
782.14 %
FINANCE
CHARGE
The dollar amount the credit
will cost you
$ 120.00
Amount
Financed
The amount of credit provided to
you or on your behalf.
$ 400.00
Total of
Payments
The amount you will have paid
after you have made all
payments as scheduled.
$ 520.00
Payment Schedule: One payment in the amount of $520.00 due on 2/15/2008.
Security: You are giving a security interest in the ACH Authorization.
Late Charge: If you make all or any part of a scheduled payment more than ten (10) days after
its due date, you will be charged a late charge of five percent (5%) of the unpaid Total of
Payments $520.00.
Prepayment: If you pay off early you may be entitled to a refund of part of the finance charge.
See your contract documents for any additional information about nonpayment, default and
prepayment refunds.
Itemization of Amount Financed 1. Amount given to you directly: $400.00.
2. Amount paid on Agreement No. 21913430 with us: $520.00.
SECURITY.Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff
Commentary to Regulation Z - 226.2, we have disclosed to you that our interest in the ACH
Authorization is a security interest for Truth-in-Lending purposes only, because the United
States and its State's laws do not clearly address whether our interest in the ACH Authorization
is a "security interest".;
ACH AUTHORIZATION. You hereby voluntarily authorize us, and our successors and assigns,
to initiate an automatic credit and debit entry to your bank account: Name of bank and state:
Bank of America; Account type: Checking; Bank routing and transit number:111000025; and
Account Number: 517021345 (defined above as "Your Account"). Following consummation of
the Loan Agreement, we will use commercially reasonable efforts to deposit the loan proceeds
into Your Account on 2/15/2008 "Disbursement Date" above, unless such proceeds are applied
to any outstanding obligation to us. Unavoidable delays as a result of inadvertent processing
errors and/or "acts of God" may extend the time for the deposit. You agree that we will initiate
an ACH debit entry to Your Account for the Total of Payments on the Payment Date. You agree
that we will initiate an ACH debit entry to Your Account for any late charge owing under this
Loan Agreement, and that we may initiate ACH debit entries until your loan is paid in full. This
authority is to remain in full force and effect until we have received written notification from you
of its termination, in such time and manner as to afford us and your bank a reasonable
opportunity to act on it. You further authorize us to initiate debit and credit entries as necessary
to recoup the outstanding loan balance when an original ACH transaction is returned to us for
any reason. You authorize us to verify all of the information that you have provided, including
past and/or current information. You agree that the debit entry authorized herein is for repayment
of a single payment installment loan and shall not recur at substantially regular intervals. If there
is any missing or erroneous information in or with your loan application regarding your bank,
bank routing and transit number, or account number, then you authorize us to verify and correct
such information.
CANCELLATION AND PREPAYMENT.There is no additional charge, fee or any penalty if
you prepay in full or in part. You have the right to cancel your obligations without having to pay
any finance charge. To cancel this Loan Agreement, you must fax to us, prior to the Deadline,
written notice of your intent to cancel. To prepay in full your obligations without having to pay
any finance charge, you must fax to us, prior to 5:00 PM Eastern Time on the Disbursement
Date, written authorization to initiate a debit entry to Your Account for the principal amount of
the loan. If we receive payment of the principal amount of the loan via such authorization, we
agree to rebate both the finance charge we have earned and the unearned finance charge so that
you will not owe us any finance charge. At any time after 5:00 PM Eastern Time on the
Disbursement Date and before 5:00 PM Eastern Time on the business day prior to the Payment
Date, you can make partial prepayments or prepay your loan in full. To prepay, you must fax us
written authorization to initiate a debit entry to Your Account for the prepayment. If you prepay
the loan, you may be entitled to a partial rebate of the un-earned portion of the Finance Charge.
Prepayments will be applied first to finance charges and then to principal.
LATE CHARGE. If your scheduled payment is late more than ten (10) days after its due date,
we will effect a debit entry to Your Account, a Late Charge of five percent (5%) of the unpaid
amount owing.
RETURNED CHECK CHARGE. If your check is returned for insufficient funds, closed account
or a stop payment order, we may collect a returned check charge not to exceed $20 per
transaction.
DEFAULT, GOVERNING LAW, ASSIGNMENT and EXECUTION. You will be in default if
you do not pay us the total amount due, plus any applicable late charges under this Loan
Agreement. This Loan Agreement is governed by the laws of Belize, except that the Waiver of
Jury Trial and Arbitration Provision is governed by the Federal Arbitration Act ("FAA"). We
may assign or transfer this Loan Agreement or any of our rights or obligations hereunder. If this
Loan Agreement is consummated, then you agree that the electronically signed Loan Agreement
we receive from you will be considered the original executed Loan Agreement, which is binding
and enforceable as to both parties.
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in
which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to
have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a
neutral third person (an "arbitrator") for a decision. Each party to the dispute has an opportunity
to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration
proceedings are private and less formal than court trials. The arbitrator will issue a final and
binding decision resolving the dispute, which may be enforced as a court judgment. A court
rarely overturns an arbitrator's decision. THEREFORE, YOU ACKNOWLEDGE AND AGREE
AS FOLLOWS:
1. For purposes of this Waiver of Jury Trial and Arbitration Provision (hereinafter the Arbitration
Provision), the words "dispute" and "disputes" are given the broadest possible meaning and
include, without limitation (a) all claims, disputes, or controversies arising from or relating
directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this
Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all
federal or state law claims, disputes or controversies, arising from or relating directly or
indirectly to this Loan Agreement (including the Arbitration Provision), the information you
gave us before entering into the Loan Agreement, including the customer information
application, and/or any past agreement or agreements between you and us; (c) all counterclaims,
cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud,
or other intentional torts; (e) all claims based upon a violation of any state or federal constitution,
statute or regulation; (f) all claims asserted by us against you, including claims for money
damages to collect any sum we claim you owe us; (g) all claims asserted by you individually
against us and/or any of our employees, agents, directors, officers, shareholders, governors,
managers, members, parent company or affiliated entities (hereinafter collectively referred to as
"related third parties"), including claims for money damages and/or equitable or injunctive relief;
(h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a
private attorney general, as a representative and member of a class of persons, or in any other
representative capacity, against us and/or related third parties (hereinafter referred to as
"Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to
the disclosure by us or related third parties of any non-public personal information about you.
You acknowledge and agree that by entering into this Arbitration Provision:
(a)
YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY
DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(b)
YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL
CLAIMS TRIBUNAL, RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED
THIRD PARTIES; and
(c)
YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A
PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY,
AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY
LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
3.Except as provided in Paragraph 6 below, all disputes including any Representative Claims
against us and/or related third parties shall be resolved by binding arbitration only on an
individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT
CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO
SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY
OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
4. Any party to a dispute, including related third parties, may send the other party written notice
by certified mail return receipt requested of their intent to arbitrate and setting forth the subject
of the dispute along with the relief requested, even if a lawsuit has been filed. Written Notices to
FLB IBC Limited D/B/A/ Flash Loans should be sent to 35A Regent Street, Belize City, Belize
CA and written Notices to Borrower should be sent to the address listed on the contract above.
Regardless of who demands arbitration, you shall have the right to select any of the following
arbitration organizations to administer the arbitration: the American Arbitration Association (1-
800-778-7879) http://www.adr.org or National Arbitration Forum (1-800-474-2371)
http://www.arb-forum.com. However, the parties may agree to select a local arbitrator who is an
attorney, retired judge, or arbitrator registered and in good standing with an arbitration
association and arbitrate pursuant to such arbitrators rules. The party receiving notice of
arbitration will respond in writing by certified mail return receipt requested within twenty (20)
days. If you demand arbitration, you must inform us in your demand of the arbitration
organization you have selected or whether you desire to select a local arbitrator. If related third
parties or we demand arbitration, you must notify us within twenty (20) days in writing by
certified mail return receipt requested of your decision to select an arbitration organization or
your desire to select a local arbitrator. If you fail to notify us, then we have the right to select an
arbitration organization. The parties to such dispute will be governed by the rules and procedures
of such arbitration organization applicable to consumer disputes, to the extent those rules and
procedures do not contradict the express terms of this Loan Agreement or the Arbitration
Provision, including the limitations on the arbitrator below. You may obtain a copy of the rules
and procedures by contacting the arbitration organization listed above.
5. Regardless of who demands arbitration, at your request we will advance your portion of the
arbitration expenses, including the filing, administrative, hearing and arbitrator's fees
("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys'
fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable
substantive law consistent with the FAA, and applicable statutes of limitation, and shall honor
claims of privilege recognized at law. The arbitration hearing will be conducted in the county of
your residence, or within 30 miles from such county, or in such other place as shall be ordered by
the arbitrator. The arbitrator may decide, with or without a hearing, any motion that is
substantially similar to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or
state rules of civil procedure or evidence. If allowed by statute or applicable law, the arbitrator
may award statutory damages and/or reasonable attorneys' fees and expenses. If the arbitrator
renders a decision or an award in your favor resolving the dispute, then you will not be
responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse
you for any Arbitration Fees you have previously paid. If the arbitrator does not render a
decision or an award in your favor resolving the dispute, then the arbitrator shall require you to
reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which would
have been assessed as court costs if the dispute had been resolved by a state court with
jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any
party, the arbitrator shall provide a written explanation for the award. The arbitrator's award may
be filed with any court having jurisdiction.
6. All parties, including related third parties, shall retain the right to seek adjudication in a small
claims tribunal for disputes within the scope of such tribunal's jurisdiction. Any dispute, which
cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by
binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by
binding arbitration.
7. This Arbitration Provision is made pursuant to a transaction involving interstate commerce
and shall be governed by the FAA. If a final non-appealable judgment of a court having
jurisdiction over this transaction finds, for any reason, that the FAA does not apply to this
transaction, then our agreement to arbitrate shall be governed by the arbitration law of the State
of Delaware.
8. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors
and assigns. This Arbitration Provision is binding upon and benefits us, our successors and
assigns, and related third parties. This Arbitration Provision continues in full force and effect,
even if your obligations have been paid or discharged through bankruptcy. This Arbitration
Provision survives any cancellation, termination, amendment, expiration or performance of any
transaction between you and us and continues in full force and effect unless you and we
otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall
remain in effect.
INCOME VERIFICATION
"I hereby authorize FLB IBC Limited d/b/a/ Flash Loans to verify my past and/or present
employment history and income as may be necessary to process my Loan Agreement . The
employment and/or income verification that we obtain is only to be used in the processing of my
application for the Loan Agreement".
We perform searches in the CL Verify, TeleTrack and Veritrac databases which house consumer
transaction information from various industries including deferred deposit, check cashing, and
consumer finance companies. The information obtained can be used in the decision making of
loan approvals.
By submitting this application, you certify that all of the information provided is accurate and
you authorize us to verify the accuracy of the information by contacting any company or person
listed on the application to verify the information. You release all parties from any liability for
any damages that may occur. You understand, and agree that any false information provided will
be sufficient grounds for the rejection of your application.
Your right to file suit against us for any claim or dispute regarding this Loan Agreement is
limited by the WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. By
electronically signing this Agreement by typing your name at the end of this document, you
acknowledge that it was filled in before you did so and you have reviewed the entire Loan
Agreement including the FEDERAL TRUTH-IN-LENDING DISCLOSURES, the WAIVER OF
JURY TRIAL AND ARBITRATION PROVISION, AND OUR PRIVACY POLICY. You agree
that the information you gave us prior to entering into this Loan Agreement is accurate. You
represent that you are not a debtor under any proceeding in bankruptcy and have no intention to
file a petition for relief under any chapter of the United States Bankruptcy Code. You
acknowledge that you have read, understand, and agree to all of the terms of this Loan
Agreement including the provision entitled WAIVER OF JURY TRIAL AND ARBITRATION
PROVISION.
Lender: FLB IBC Limited D/B/A Flash Loans.
By typing your name below in the box labeled Borrower's E-Signature, you agree to all of the
terms and conditions of this contract.
Please type name as found on the application: George Cainglet Palaganas
Borrower's E-Signature:
Borrower:
First Name: George Cainglet
Last Name: Palaganas Account #: 234-12-3123 Date: 1/31/2008
PLEASE NOTE YOU SHOULD PRINT AND RETAIN A COPY OF THIS LOAN
AGREEMENT FOR YOUR RECORDS.
Any comments or questions may be directed to our Comment Line at the following toll-free
number: 1-800-748-8170, fax 1-888-355-6152 or via e-mail to info@flashloans.com.
Looking for last minute shopping deals? Find them fast with Yahoo! Search.
-------------------------Messages------------------------------------
Date: Wed, 23 Jan 2008 09:53:30 -0800
From: "Nds, Glendale" <Glendale.NDS@bankofamerica.com> Add to Address BookAdd to
Address Book Add Mobile Alert
Subject: Conditional Review...
To: manilascooltalk@yahoo.com
Dear George Palaganas,
Thank you for applying online for a Bank of America checking, savings,
and/or Certificate of Deposit (CD) account.
We have received your online application and simply need you to call us
so that we can verify your information.
Please contact Bank of America at 1.888.383.7500 between the hours of
7:00 a.m. and 10:00 p.m. Eastern Time Monday through Friday or between
the hours of 8:00 a.m. and 5:00 p.m. Eastern Time on Saturdays and
Sundays, to open your account now.
Your confirmation number is 0002431850
Thank you for giving us the opportunity to serve you and welcome to the
Bank of America family.
---------------------------------------------------------------------------------------------------------------------
-------------------------
Email Preferences
This is a service email from Bank of America. Please note that you may
receive service email in accordance with your Bank of America service
agreements, whether or not you elect to receive promotional email.
---------------------------------------------------------------------------------------------------------------------
-------------------------
Contact us about this email
Please do not reply to this email with sensitive information, such as
an account number, PIN, password, or Online ID. The security and
confidentiality of your personal information is important to us. If you have
any questions, please either call the phone number on your account
statement or go to the Contact Us page below, so we can properly verify your
identity: http://www.bankofamerica.com/contact/
Privacy and Security
Keeping your financial information secure is one of our most important
responsibilities. For an explanation of how we manage customer
information, please read our Privacy Policy:
http://www.bankofamerica.com/privacy
You can also learn how Bank of America keeps your personal information
secure and how you can help protect yourself:
http://www.bankofamerica.com/privacy/index.cfm?template=privacysecur_prevent_fraud
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC
28255-0001
This email was sent to: manilascooltalk@yahoo.com
Bank of America, N.A. Member FDIC. Equal Housing Lender:
http://www.bankofamerica.com/help/equalhousing.cfm
(C) 2007 Bank of America Corporation. All rights reserved.
----------------------Messages----------------------------------------------
Date: Tue, 22 Jan 2008 14:48:38 -0800 (PST)
From: "Bank of America Customer Service" <customer@bankofamerica.com> Add Mobile
Alert
Subject: Bank of America has received your e-mail (KMM75683070I26743L0KM)
To: "cool dela peña" <manilascooltalk@yahoo.com>
Thank you for your inquiry to Bank of America. Please accept this
message as a confirmation of the receipt of your e-mail. We will
research an answer for you and provide a response by e-mail within 24
hours. Your message has been assigned case number 32339564.
Please note that if you send us another e-mail within 15 minutes of
your
first one, you will receive only one confirmation message from us.
In the meantime, did you know that you can quickly find answers to many
questions on the Bank of America web site using our Search tool? Find
it at http://www.bankofamerica.com/help/
Online Banking
--------------------------Messages------------------------------------------------
Date: Sat, 19 Jan 2008 05:22:47 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address BookAdd to
Address Book Add Mobile Alert
Subject: fax
To: manilascooltalk@yahoo.com
16076688
LOAN APPLICATION
PERSONAL INFORMATION
Name: George Palaganas
Home Phone # (503) 216-2602
Address: 97225
Cellular Phone #
Contact # -
City: PORTLAND
State: OR
Zip: 97225
Fax number #
Social Security Number: 234-12-3123
Email Address: manilascooltalk@yahoo.com
EMPLOYMENT INFORMATION
Employer: Imelda Lacayanga
Your Work Phone # Ext:
How long have you worked here:
What is your position: Engineering or Technician
Supervisor’s Name:
Shift Hours:
Supervisor's Phone # 5032162602 Ext:
*How much is your NET take home pay each pay period: $
Main Company Phone #
Are you paid: Weekly Bi-weekly Twice Monthly Monthly
Next Pay Date:// 2nd Pay://
BANKING INFORMATION
Bank Name: BANK OF AMERICA
Direct Deposit: Yes No
Bank Phone #:
Acct Open:
ABA #: 111000025
Account #: 517021345
Account Type: Checking Savings
How did you hear about us: What Radio What Newspaper Other:
2 CONTACT PERSONS - NOT LIVING WITH YOU
Name
Phone Number with Area Code
Relationship
By signing below you declare that you ARE Not A regular or reserve member of the Army,
Navy, Marine Corps, Air Force or Coast Guard, serving on active duty under a call or order that
does not specify a period of 30 days or fewer (or a dependent of such member). Warning: It is
important to fill out this form accurately. Knowingly making a false statement on a credit
application is a crime.
___George Palaganas________ ________________ ___1/19/2008___
Printed Name of Applicant Signature of Applicant Date Signed
Please FAX the below documents TO: 1-800-887-9284
* Most Recent Pay Stub
* A Voided Blank Check
* A Bank Statement will be REQUIRED for the following customers:
1)If your Checking account numbers do not appear on your direct deposit pay stub.
2)If your paycheck is NOT Directly Deposited into your checking account
3)If you receive Benefit income(Social Security, SSI, etc)
4)If you have a Savings Account or a Credit Union Account
5)If you are a Debit Card customer
APPLICATION SUPPLEMENT
Section A - Privacy Policy
"You" or "Your" means you as a participant in or as a user of Payday-Loan-Yes.com's program.
"We" or "Our" or "Us" means Payday-Loan-Yes.com. "Our site" means Payday-Loan-Yes.com.
All information transmitted, printed or otherwise submitted to the Payday-Loan-Yes.com via this
website shall be deemed to be the property of Payday-Loan-Yes.com and we shall be free to use
such information for any lawful purpose as detailed herein. This site contains links to other sites
and we are not responsible for the privacy practices or the content of such sites. We reserve the
right to release such information to law enforcement or other governmental officials as we, in our
sole and absolute discretion, deem necessary to comply with the law.
Section 1. - Collected Information We automatically collect and/or track the following: (1) Web
page http headers (home server domain names, IP address, type of client computer, and type of
Web browser). (2) Information knowingly provided by you through on-line forms, registration
forms, surveys, and or other entries, such as email addresses, personal, financial or demographic
information. (3) Information, user specific or aggregate, on what pages our visitors access. (4)
The e-mail addresses of visitors that communicate with Payday-Loan-Yes.com via e-mail.
Section 2. - Use of Data Collected We use your personal, demographic and profile data to
enhance your experience at our site and to enable us to present content we think you might be
interested in. We use your contact information to send you information about our company and
promotional material from our partners. We may also use your personal, demographic and
profile data to improve our site, for statistical analysis, for marketing and promotional purposes,
and for editorial or feedback purposes for our advertisers. Information collected by us may be
added to our databases and used for future e-mails or postal mailings regarding site updates, new
products and services, upcoming events, and/or status of orders placed online.
Section 3. - Disclosure of Data to Third Parties If you choose to provide personal information, it
will be used for the following purposes: (1) Considering you for an Payday-Loan-Yes.com
account. (2) Sharing of your information with trusted third parties such as credit bureaus and or
other financial service providers as required by law. (3) For marketing products and services
which we determine, in our sole judgment, that you might find of interest. We reserve the right to
share, rent, sell, or otherwise disclose data we collect to third parties. Any third party we share,
rent, sell, or otherwise disclose data to will be carefully prescreened by us, determined by us to
be reputable, and will use the personal data for marketing products and services which we
determine, in our sole judgment, that you might find of interest.
Section 4. - Your Opt-Out Rights You may opt-out of receiving communications from us and or
our partners by not submitting your information. We also allow you to remove your information
from our database. If you remove your information from our database it will no longer be used
by us for secondary purposes, disclosed to third parties, or used by us or third parties to send
promotional correspondences to you. You can remove your information by sending your request
in writing via email to Payday-Loan-Yes.com.
Section 5. - Your Rights To Your Personal Data Upon request via postal mail or e-mail, we will
provide you a summary of personal information retained by us. We will only send your personal
records to your e-mail address or postal address we have on file for you. You may modify,
correct, change, or update your personal record or remove your personal record from our
database by sending your request in writing via email to: support@Payday-Loan-Yes.com
Section 6. - We Do Not Intend To Collect Data From Children The information and services
provided by us or our affiliates, sponsors, and advertisers are not intended to be viewed by
children (under 18 years old). No information collected from children is knowingly used for any
marketing or promotional purposes whatsoever, either inside or outside Payday-Loan-Yes.com.
Section 7. - Our Right To Contact You We reserve the right to contact you regarding your
account status and changes to subscriber agreements, privacy policy, or any other policies or
agreements relevant to you.
Section 8. - Our Right To Change We reserve the right to change this policy at any time by
notifying you of the existence and location of the new or revised privacy policy or by posting the
changes online at our site.
Section 9. - Our Contact Information
If you have any questions about this privacy statement, the practices of this site, or your dealings
with this website, you can contact us via email sent to: support@Payday-Loan-Yes.com.
SHORT TERM LOANS PROVIDE THE CASH NEEDED TO MEET IMMEDIATE
SHORT-TERM CASH FLOW PROBLEMS. THEY ARE NOT A SOLUTION FOR LONGER
TERM FINANCIAL PROBLEMS FOR WHICH OTHER KINDS OF FINANCING MAY BE
MORE APPROPRIATE. YOU MAY WANT TO DISCUSS YOUR FINANCIAL SITUATION
WITH A NONPROFIT FINANCIAL COUNSELING SERVICE.
Section B - Right to Cancel
YOU MAY RESCIND THIS LOAN IF YOU RETURN THE LOAN AMOUNT ON OR
BEFORE 5:00 P.M OF THE NEXT BUSINESS DAY FOLLOWING THE LOAN
TRANSACTION. To cancel, you must call us at 1-800-550-6051 to alert us of your intention to
cancel. You must also complete the information in this box, sign and fax this document to us at
1-800-887-9284. If you follow these procedures but there are insufficient funds available in your
deposit account to enable us to reverse the transfer of loan proceeds at the time we effect an
ACH debit entry of your bank account, your cancellation will not be effective and you will be
required to pay the loan and our charges on the scheduled maturity date.
YOU WISH TO CANCEL. You authorize us to initiate a debit entry to your bank account for the
amount of the loan proceeds we deposited to that account at your request.
___________________________________
Print Name X_________________________________
Signature _______________
Date _________________
SSN
STOP! DO NOT SIGN ABOVE UNLESS YOU WANT TO CANCEL THE LOAN
Section C - Decline Refinance Option
YOU MAY DECLINE THE REFINANCING OF THIS LOAN BY SIGNING BELOW. To
decline refinancing, you must call us at 1-800-550-6051 to alert us of your intention to decline
this option. You must also complete the information in this box, then sign and fax this document
to us at 1-800-887-9284. If you do not follow these procedures your option to decline refinancing
will NOT be honored. Your loan will be refinanced. Only the applicable finance charge then
owed on any outstanding balance will be deducted from your account. You will accrue new
finance charges with every refinance of your loan.
___________________________________
Print Name X_________________________________
Signature _______________
Date _________________
SSN
STOP! DO NOT SIGN ABOVE UNLESS YOU WANT TO DECLINE REFINANCE OPTION
LOAN NOTE & DISCLOSURE STATEMENT
Dated 1/19/2008
Parties: In this Loan Note and Disclosure("Note") you are the person who signs below. We are
Lender,"Payday Loan Yes". All references to "we", "us" or "ourselves" means the Lender.
Unless this Note specifies otherwise or unless we notify you to the contrary in writing, all notices
and documents you are to provide to us shall be provided to "Payday Loan Yes" at the fax
number and address specified in this Note and in your other documents.
The Account: You have deposit account, No. 517021345 ("Account"), at BANK OF AMERICA
("Bank"). You authorize us to affect a credit entry to deposit the proceeds of the Loan (the
Amount Financed indicated below) to your Account at the Bank.
DISCLOSURE OF CREDIT TERMS: The information in the following disclosure box is part of
this Note.
ANNUAL PERCENTAGE RATE (e)
The cost of your credit as a yearly rate. 995.455 %(e)
FINANCE CHARGE
The dollar amount the loan will cost you.
$90.00
Amount Financed
The amount of credit provided to you or on your behalf.
$300.00
Total of Payments
The amount you will have paid after you have made the scheduled payments
$390.00
Payment Schedule:
You must make one payment of $_390.00____ on 2/1/2008 ___ if you decline* the option of
renewing your loan.
If renewing is accepted you will pay the finance charge of $_90.00__ only, on 2/1/2008 ___.
You will accrue new finance charges with every renewal of your loan. On your fifth renewal and
every renewal thereafter, your loan will be paid down by $50. This means your account will be
debited the finance charge plus $50 on the due date. This will continue until your loan is paid in
full.
*To decline the option of renewing you must sign section "C" of the Application Supplement.
Security Interest: This loan is unsecured.
Prepayment: If you prepay your loan in advance, you will not receive a refund of any Finance
Charge.
(e) The Annual Percentage Rate is estimated based on the anticipated date the loan proceeds will
be deposited to your Account, which is 1/21/2008 ___.
Notice: See below and your other contract documents for additional information about
prepayment, nonpayment and default.
ITEMIZATION OF AMOUNT FINANCED of $300 Given to you directly $ 300 .00 ; Paid on
your account $0 .
Promise To Pay: You promise to pay to us, Payday Loan Yes, or to our order, in one payment,
on the date indicated in the Payment Schedule, the Total of Payments, unless this note is
renewed. If this Note is renewed, then on the Due Date, you will pay the Finance Charge shown
above. This Note will be renewed on the Due date, unless at least three Business Days before the
Due Date, either you tell us you do not want to renew the Note or we tell you that the Note will
not be renewed. Information regarding the renewal of your loan will be sent to you prior to any
renewal showing the new due date, finance charge, and all other disclosures. As used in the Note,
the term "Business Day" means a day other than Saturday, Sunday or legal holiday, that Payday
Loan Yes is open for business. This Note may be renewed four times without having to make
any principal payments on the Note. If this Note is renewed more than four times, then on the
Due Date resulting from your fourth renewal, and on the Due Date resulting from each and every
subsequent renewal, you must pay the finance charge required to be paid on that Due Date and
make a principal payment of $50.00. On or after the day your loan comes due you authorize us to
effect one or more ACH debit entries to your Account at the Bank. You may revoke this
authorization, at any time up to 3 business days prior to the due date. However, if you timely
revoke this authorization, to effect ACH debit entries before the loan is paid in full, you
authorize us to prepare and submit one or more checks drawn on your Account on or after the
due date of your loan. This authorization to prepare and submit checks on your behalf may not be
revoked by you until such time as the loan is paid in full. You authorize us to collect the
payments due by using your debit card information that you provided to us (this will be done as a
POS transaction). This may be done in one or multiple amounts using various debits until the
amount you owe is paid in full.
Additionally, if the account you have provided to us for your ACH debit has been closed or
funds are not available at the time of our scheduled debit, you authorize us to debit any account
that you hold that we have information. If your Account is with us, you authorize us to deduct
the payment from your Account on the day the loan comes due.
Prepayment: The Finance Charge consists solely of a Loan Fee that is earned in full at the time
the Loan is Funded. You may pay all or part of what you owe prior to the due date, without
penalty. However, if you pay early you will not be entitled to a refund of part or all of the
Finance Charge.
Exchange of Credit Information: We have retained a servicer to service your loan. You authorize
us and the Company to share information in connection with the application, processing,
funding, servicing, repayment and collection of your loan.
Return Item Fee: You agree to pay $30 if an item in payment of what you owe is returned unpaid
or an ACH debit entry, the authorization for which was not properly revoked by you, is rejected
by the Bank for any reason.
Governing Law Both parties agree that this Note and your account shall be governed by all
applicable federal laws and all laws of the jurisdiction in which the Lender is located, regardless
of which state you may reside, and by signing below or by your electronic signature, you consent
to the exclusive exercise of regulatory and ad judicatory authority by the jurisdiction in which
the Lender is located over all matters related to this Note and your account, forsaking any
jurisdiction which either party may claim by virtue of its residency.
Agreement to Arbitrate All Disputes: By signing below and to induce us, Payday Loan Yes, to
process your application for loan, you and we agree that any and all claims, disputes or
controversies that we or our servicers or agents have against you or that you have against us, our
servicers, agents, directors, officers and employees, that arise out of your application for one or
more loans, the Loan Agreements that govern your repayment obligations, the loan for which
you are applying or any other loan we previously made or later make to you, this Agreement To
Arbitrate All Disputes, collection of the loan or loans, or alleging fraud or misrepresentation,
whether under the common law or pursuant to federal or state statute or regulation, or otherwise,
including disputes as to the matters subject to arbitration, shall be resolved by binding
individual(and not class) arbitration by and under the Code of Procedure of the National
Arbitration Forum("NAF") in effect at the time the claim is filed. THEREFORE, THE
ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE
ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A
PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY
FOR OTHERS IN THE ARBITRATION.
INSTRUCTIONS: THIS NOTE IS SUBJECT TO APPROVAL.
• READ THE ENTIRE NOTE.
• IF ALL OF THE LOAN TERMS ARE ACCEPTABLE TO YOU, DATE AND SIGN
OR
ELECTRONICALLY SIGN AND FAX THIS NOTE BACK
TO (800) 887-9284 .
• IF APPROVED, THE LOAN PROCEEDS WILL BE DEPOSITED TO YOUR
ACCOUNT
INDICATED ABOVE.
This Agreement To Arbitrate All Disputes shall apply no matter by whom or against whom the
claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any
NAF office, on the World Wide Web at www.arb-forum.com, or at "National Arbitration Forum,
P.O. Box 50191, Minneapolis, Minnesota 55405." If you are unable to pay the costs of
arbitration, your arbitration fees may be waived by the NAF. The cost of a participatory hearing,
if one is held at your or our request, will be paid for solely by us if the amount of the claim is
$15,000 or less. Unless otherwise ordered by the arbitrator, you and we agree to equally share
the costs of a participatory hearing if the claim is for more than $15,000 or less than $75,000.
Any participatory hearing will take place at a location near your residence. This arbitration
agreement is made pursuant to a transaction involving interstate commerce. It shall be governed
by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered
by any party in any court having jurisdiction. This Agreement To Arbitrate All Disputes is an
independent agreement and shall survive the closing, funding, repayment and/or default of the
loan for which you are applying.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO
LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE
THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH
BINDING ARBITRATION.
Agreement Not To Bring, Join Or Participate In Class Actions: To the extent permitted by law,
by signing below you agree that you will not bring, join or participate in any class action as to
any claim, dispute or controversy you may have against us or our agents, servicers, directors,
officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or
remove you as a participant in the suit. You agree to pay the costs we incur, including our court
costs and attorneys' fees, in seeking such relief. This agreement is not a waiver of any of your
rights and remedies to pursue a claim individually and not as a class action in binding arbitration
as provided above. This agreement not to bring, join or participate in class action suits is an
independent agreement and shall survive the closing, funding, repayment and/or default of the
loan for which you are applying.
Survival: The provisions of this Note And Disclosure dealing with the Agreement To Arbitrate
All Disputes and the Agreement Not To Bring, Join Or Participate In Class Actions shall survive
repayment in full and/or default of this Note.
Bankruptcy: You represent that you have not recently filed nor do you currently intend to file for
bankruptcy.
By signing or electronically signing this Loan Note, you certify that all of the information
provided above is true, complete, and correct and provided to us, Payday Loan Yes, for the
purpose of inducing us to make the loan for which you are applying. By signing below or
electronically signing, you also agree to the Agreement to Arbitrate All Disputes and the
Agreement Not To Bring, Join Or Participate in Class Actions. By signing or electronically
signing this application you authorize Payday Loan Yes to verify all information that you have
provided and acknowledge that this information may be used to verify certain past and/or current
credit or payment history information from third party sources(s). Payday Loan Yes may utilize
Teletrack or other similar consumer-reporting agency for these purposes. We may disclose all or
some of the nonpublic personal information about you that we collect to financial service
providers that perform services on our behalf, such as the servicer of your short term loan, and to
financial institutions with which we have joint marketing arrangements. Such disclosures are
made as necessary to effect, administer and enforce the loan you request or authorize and any
loan you may request or authorize with other financial institutions with regard to the processing,
funding, servicing, repayment and collection of your loan. (This Application will be deemed
incomplete and will not be processed by us unless signed by you below or electronically
signing).
By signing below you declare that you ARE Not A regular or reserve member of the Army,
Navy, Marine Corps, Air Force or Coast Guard, serving on active duty under a call or order that
does not specify a period of 30 days or fewer (or a dependent of such member). Warning: It is
important to fill out this form accurately. Knowingly making a false statement on a credit
application is a crime.
XGeorge Palaganas
Print Name
X_____________________________________________________
Borrower's Signature Date: 1/19/2008
16076688 George Palaganas 234-12-3123
AUTHORIZATION AGREEMENT FOR PREAUTHORIZED PAYMENT
Ø PLEASE COMPLETE THE FOLLOWING, SIGN & DATE WHERE INDICATED
BELOW:
BANK Name___ BANK OF AMERICA __________________________________
Transit/ABA No.___ 111000025 __________________________
Checking Account No.___ 517021345 ____________________________
YOU AUTHORIZE Payday-Loan-Yes.com, to initiate one or more ACH debit entries (for
example, at our option, one debit entry may be initiated for the principle of the loan and another
for the finance charge) to your Checking Account indicated below for the single payment that
comes due with regard to the loan for which you are applying. THERE WILL BE A $30.00 FEE
ON ANY ACH DEBIT ENTRY ITEMS THAT ARE RETURNED AT TIME OF
COLLECTION.
This Authorization becomes effective at the time we make you the loan for which you are
applying and will remain in effect until we have received notice of revocation from you. You
may revoke this authorization to effect ACH debit entries to your Account by giving oral or
written notice of revocation, which, to be effective, must be received by us no later than 3
business days prior to the due date of your loan. However, if you timely revoke the authorization
to effect ACH debit entries before the loan is paid in full, you authorize Payday-Loan-Yes.comto
prepare and submit one or more checks drawn on your Account on or after the due date of your
loan. This authorization to prepare and submit checks on your behalf may not be revoked by you
until such time as the loan is paid in full. You authorize us to collect the payments due by using
your debit card information that you provided to us (this will be done as a POS transaction). This
may be done in one or multiple amounts using various debits until the amount you owe is paid in
full. Additionally, if the account you have provided to us for your ACH debit has been closed or
funds are not available at the time of our scheduled debit, you authorize us to debit any account
that you hold that we have the information. If your Account is with us, you authorize us to
deduct the payment from your Account on the day the loan comes due.
On or after the day your loan comes due you authorize us to effect one or more ACH debit
entries to your Account at the Bank.
By signing below you declare that you ARE Not A regular or reserve member of the Army,
Navy, Marine Corps, Air Force or Coast Guard, serving on active duty under a call or order that
does not specify a period of 30 days or fewer (or a dependent of such member). Warning: It is
important to fill out this form accurately. Knowingly making a false statement on a credit
application is a crime.
BY SIGNING BELOW, YOU ACKNOWLEDGE READING AND AGREEING TO ALL
ITEMS OF THIS AUTHORIZATION AGREEMENT FOR PRE-AUTHORIZED PAYMENT.
George Palaganas (X)___________________________________ 1/19/2008
Print Name Signature Date
WHAT ARE MY PAYMENT OPTIONS?
You will be able to make Payment Arrangements 24 Hours a Day by either using our website at
www.Payday-Loan-Yes.com or by calling 1-800-550-6051 and then following the voice
prompts.
1. PAY THE FINANCE CHARGE ONLY:
You do NOT need to do anything further.We will only debit the finance charge due on your
up-coming payday. Remember you will still owe your original loan amount along with another
finance charge on your following payday.
IMPORTANT - you may only use this option four times. On the fifth time you must make a
minimum payment of fifty dollars towards your loan balance plus your finance charge.
2. PAY THE FINANCE CHARGE AND A PAYMENT TOWARDS YOUR LOAN
AMOUNT:
You must contact us either via our website at www.Payday-Loan-Yes.com or through our
automated telephone system at 1-800-550-6051 at least THREE (3) Full Business Days prior to
the Loan due date to inform us of the amount you want to pay. Please remember you must get a
confirmation number when using this option.
We will only debit the finance charge due plus a payment towards the principle amount on
your up-coming payday. The principle payments must be in increments of $50.00. (for example:
$50.00, $100.00, $150.00, etc.). Remember you will still owe your new principle amount along
with another finance charge on your following payday.
3. PAY YOUR LOAN IN FULL:
Please contact us either via our website at www.Payday-Loan-Yes.com or through our
automated telephone system at 1-800-550-6051 at least THREE (3) Full Business Days prior to
the Loan due date to inform us of your intention to pay in full. Please remember you must get a
confirmation number when using this option.
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-----------------------------------Messages---------------------------------------------
Date: Fri, 18 Jan 2008 20:08:30 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address BookAdd to
Address Book Add Mobile Alert
Subject: Communications Receipt (Fri, 18 Jan 2008 19:40:40 -0800 (PST))
To: newaccounts@bankofamerica.com, manilascooltalk@yahoo.com
Saturday January 19,2008 11:56am+8GMT
Dear Officer:
This confirms receipt of your letter dated Fri, 18 Jan 2008 19:40:40 -0800 (PST) regarding my
new accounts application.
More Power,
George C. Palaganas,Ph.D.
manilascooltalk@yahoo.com
------------------------------------------------Messages-----------------------------------------------
Date: Fri, 18 Jan 2008 19:40:40 -0800 (PST)
From: newaccounts@bankofamerica.com Add to Address BookAdd to Address Book Add
Mobile Alert
To: manilascooltalk@yahoo.com
Subject: Your account application status
Logo for Bank of America
Picture of a laptop computer Checking & Savings Application
Your application is being processed
Dear George Palaganas:
We have received your application for the following product(s):
Regular Checking
Regular Savings
We are processing your request and you will be contacted soon with additional information.
Thank you for your patience.
If you have questions about your application, our Service Representatives are available to assist
you.
Representatives for accounts in California, Washington or Idaho, are available at
1.877.838.4587:
Monday - Friday
8 a.m. - 9 p.m. Pacific
Saturday and Sunday
8 a.m. - 4 p.m. Pacific
Representatives for accounts in all other states are available at 1.888.383.7500:
Monday - Friday
7 a.m. - 10 p.m. Eastern
Saturday and Sunday
8 a.m. - 5 p.m. Eastern
If you have additional questions about other Bank of America products or services, please call
customer service at 1.800.900.9000.
Thank you for giving us the opportunity to serve your banking needs.
Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
Contact us about this email
Please do not reply to this email with sensitive information, such as an account number, PIN,
password, or Online ID. The security and confidentiality of your personal information is
important to us. If you have any questions, please either call the phone number on your account
statement or use the Contact Us page, so we can properly verify your identity.
Privacy and Security
Keeping your financial information secure is one of our most important responsibilities. For an
explanation of how we manage customer information, please read our Privacy Policy. You can
also learn how Bank of America keeps your personal information secure and how you can help
protect yourself.
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC 28255-0001
Official Sponsor 2004-2008 U.S. Olympic Teams Bank of America, N.A. Member FDIC. Equal
Housing Lender
© 2008 Bank of America Corporation. All Rights Reserved.
This email was sent to: manilascooltalk@yahoo.com
Looking for last minute shopping deals? Find them fast with Yahoo! Search.
------------------------------Messages-----------------------------------------------
Date: Fri, 18 Jan 2008 19:40:40 -0800 (PST)
From: newaccounts@bankofamerica.com Add to Address BookAdd to Address Book Add
Mobile Alert
To: manilascooltalk@yahoo.com
Subject: Your account application status
Logo for Bank of America
Picture of a laptop computer Checking & Savings Application
Your application is being processed
Dear George Palaganas:
We have received your application for the following product(s):
Regular Checking
Regular Savings
We are processing your request and you will be contacted soon with additional information.
Thank you for your patience.
If you have questions about your application, our Service Representatives are available to assist
you.
Representatives for accounts in California, Washington or Idaho, are available at
1.877.838.4587:
Monday - Friday
8 a.m. - 9 p.m. Pacific
Saturday and Sunday
8 a.m. - 4 p.m. Pacific
Representatives for accounts in all other states are available at 1.888.383.7500:
Monday - Friday
7 a.m. - 10 p.m. Eastern
Saturday and Sunday
8 a.m. - 5 p.m. Eastern
If you have additional questions about other Bank of America products or services, please call
customer service at 1.800.900.9000.
Thank you for giving us the opportunity to serve your banking needs.
Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
Contact us about this email
Please do not reply to this email with sensitive information, such as an account number, PIN,
password, or Online ID. The security and confidentiality of your personal information is
important to us. If you have any questions, please either call the phone number on your account
statement or use the Contact Us page, so we can properly verify your identity.
Privacy and Security
Keeping your financial information secure is one of our most important responsibilities. For an
explanation of how we manage customer information, please read our Privacy Policy. You can
also learn how Bank of America keeps your personal information secure and how you can help
protect yourself.
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC 28255-0001
Official Sponsor 2004-2008 U.S. Olympic Teams Bank of America, N.A. Member FDIC. Equal
Housing Lender
© 2008 Bank of America Corporation. All Rights Reserved.
This email was sent to: manilascooltalk@yahoo.com
----------------------Messages--------------------------------------------------------
Date: Fri, 18 Jan 2008 20:15:04 -0800 (PST)
From: "New Accounts" <newaccounts@bankofamerica.com> Add Mobile Alert
Subject: Bank of America has received your e-mail (KMM75514273I26743L0KM)
To: "cool dela peña" <manilascooltalk@yahoo.com>
Thank you for contacting Bank of America. We have
received your e-mail and will get back to you within two business days.
Your message has been assigned case number 32330500.
Sincerely,
Bank of America
Pay your bills online for free! Enroll in Online Banking (at
www.bankofamerica.com) now and you can check your balances, view
transactions, and pay all your bills in minutes with free, unlimited
Bill Pay. If you are already using Online Banking, just click on the
Bill Pay and eBills tab to get started paying bills today.
-------------------------Messages------------------------------------------------------
Date: Fri, 18 Jan 2008 19:40:40 -0800 (PST)
From: newaccounts@bankofamerica.com Add to Address BookAdd to Address Book Add
Mobile Alert
To: manilascooltalk@yahoo.com
Subject: Your account application status
Logo for Bank of America
Picture of a laptop computer Checking & Savings Application
Your application is being processed
Dear George Palaganas:
We have received your application for the following product(s):
Regular Checking
Regular Savings
We are processing your request and you will be contacted soon with additional information.
Thank you for your patience.
If you have questions about your application, our Service Representatives are available to assist
you.
Representatives for accounts in California, Washington or Idaho, are available at
1.877.838.4587:
Monday - Friday
8 a.m. - 9 p.m. Pacific
Saturday and Sunday
8 a.m. - 4 p.m. Pacific
Representatives for accounts in all other states are available at 1.888.383.7500:
Monday - Friday
7 a.m. - 10 p.m. Eastern
Saturday and Sunday
8 a.m. - 5 p.m. Eastern
If you have additional questions about other Bank of America products or services, please call
customer service at 1.800.900.9000.
Thank you for giving us the opportunity to serve your banking needs.
Email Preferences
This is a service email from Bank of America. Please note that you may receive service email in
accordance with your Bank of America service agreements, whether or not you elect to receive
promotional email.
Contact us about this email
Please do not reply to this email with sensitive information, such as an account number, PIN,
password, or Online ID. The security and confidentiality of your personal information is
important to us. If you have any questions, please either call the phone number on your account
statement or use the Contact Us page, so we can properly verify your identity.
Privacy and Security
Keeping your financial information secure is one of our most important responsibilities. For an
explanation of how we manage customer information, please read our Privacy Policy. You can
also learn how Bank of America keeps your personal information secure and how you can help
protect yourself.
Bank of America Email, 8th Floor, 101 South Tryon St., Charlotte, NC 28255-0001
Official Sponsor 2004-2008 U.S. Olympic Teams Bank of America, N.A. Member FDIC. Equal
Housing Lender
© 2008 Bank of America Corporation. All Rights Reserved.
This email was sent to: manilascooltalk@yahoo.com
---------------------------------Messages------------------------------------------------
Date: Fri, 18 Jan 2008 17:26:59 -0800 (PST)
From: "cool dela peña" <manilascooltalk@yahoo.com> Add to Address BookAdd to
Address Book Add Mobile Alert
Subject: Your confirmation number is 0002431850.
To: manilascooltalk@yahoo.com, Send an Instant Message palaganasgeorge@yahoo.ca
Using Your Account
Application Summary
Thank you for choosing Bank of America. You've applied for the accounts listed below.
* Regular Checking is being processed
* Regular Savings is being processed
Your confirmation number is 0002431850.
When You Can Use Your Account
We will notify you by email when your application has been processed; within 1 to 2 business
days. Please make sure your email filter is set to allow emails from Bank of America.
When your account is ready to use, you should expect the following:
* If you currently use Online Banking your new account will appear on your Online Banking
Overview page within 2 to 4 business days
* Your account number, signature card and online banking enrollment instructions will be sent
to the account address within 7 to 10 business days
* Your ATM or Check Card will be sent to the account address separately within 7 to 10
business days
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---------------------------Loan Messages-----------------------
Loan Contract # 21885498
Disbursement Date: 1/31/2008
Payment Date: 2/15/2008 Customer #: 234-12-3123
Type of Contract: S
MyQuikLoan
Company-Address
Vancouver, BC V6N 2C7Canada
Phone: (800) 474-5686
Fax: (866) 648-3539
Email: info@myquikloan.com Name: George Palaganas
Address: 9427 Southwest Barnes Road
Address: PORTLAND, OR 97225
Phone: 503-216-2602
In this Consumer Loan Agreement (hereinafter, the "Loan Agreement,") the words "you" and
"your" mean the borrower who has electronically signed it. The words "we," "us," "our" and
"Lender" mean All America Lending Co., a lender organized under and authorized by the laws of
the Musqueam First Nation.
In order to complete your transaction with us, you must electronically sign this Loan Agreement
at the end of the Loan Agreement. We will then approve or deny the Loan Agreement.
Consummation of this Loan Agreement occurs when it is funded by us from our tribal bank
account in Canada. We will use commercially reasonable efforts to effect a credit entry by
depositing the proceeds from this Loan Agreement into your bank account listed below, unless
any of the proceeds of this Loan Agreement are applied to any outstanding obligation to us.
Unavoidable delays as a result of bank holidays, the processing schedule of your individual bank,
the untimely receipt of pay stubs, if such pay stubs are required, inadvertent processing errors,
"acts of God", and/or "acts of terror" may extend the time for the deposit. In the event that the
disbursement is delayed, the Disbursement Date will automatically adjust to reflect the date
when proceeds entered your Bank Account. If there is a delay in disbursement, we will email you
a confidential written notice to the email address provided in your application advising you of
the delay and of the adjusted annual percentage rate, as well as any other material changes in the
terms of the loan that may be caused by the delay. After the notice is sent to you, you will have
the option of rescinding the Loan in accordance with the "RESCISSION" provision listed below,
which describes, among other things, the time and manner within which notice of rescission must
be given to be effective. Failure to give such notice as and when set out in the "RESCISSION"
provision will be deemed to constitute acceptance by you of the delayed disbursement date and
the revised terms of the Loan Agreement.
You promise to pay us the Total of Payments according to the terms of our disclosures set forth
below on the date stated in the Payment Schedule below ("Payment Date"), unless you elect to
refinance your loan. If you agree to refinance your loan, you will be charged a new finance
charge based on the loan amount being refinanced. If you qualify and you do not repay the full
amount of principal and interest on the Payment Date, your loan will be automatically renewed
until your next pay date. This means that you will be charged a new finance charge based on the
loan amount being refinanced. Additional payment of principal may be required in addition to
the fees due for the renewal of the loan. A new finance charge will be applied to every refinance
of the loan. You grant us a security interest in your ACH/EFT Authorization in the amount of the
Total of Payments (the "ACH/EFT') which we may negotiate on the Payment Date or thereafter.
Pre-computed interest is calculated from the Disbursement Date based upon your promise, as a
condition of the Loan Agreement, to pay us as scheduled. Interest is pre-computed and charged
from the Disbursement Date until the Payment Date, as set forth in the disclosures below. No
interest will accrue after the Payment Date. All payments will be applied first to interest and then
to principal. The annualized rate of that interest charged, and the amount of interest charged, are
set forth below as, respectively, the Annual Percentage Rate and the Finance Charge. Pursuant to
the ACH/EFT Authorization, you have directed us, our successors and assigns to initiate one or
more ACH/EFT debit entries to Your Bank Account to deduct the Total of Payments from Your
Bank Account on the Payment Date or thereafter and for certain fees that may be assessed in the
event of dishonor when presentment is made to your bank on your ACH/EFT Authorization. If
you are in default, you authorize us, our servicer or our agent, including attorneys and third party
collection agencies, to continue initiating one or more ACH/EFT debit entries to your bank
account, or any other bank account in your name, up to and less than the amount owed until all
amounts that you owe are paid in full, including any principal, interest, fee, or the return fee.
CONSENT TO ELECTRONIC COMMUNICATIONS
The following terms and conditions govern electronic communications in connection with this
Loan Agreement and the transaction evidenced hereby (the "Consent"). By electronically signing
this Loan Agreement below, you are confirming that you have agreed to the terms and conditions
of the Consent and that you have downloaded or printed a copy of this Consent for your records.
You agree that:
* Any disclosure, notice, record or other type of information that is provided to you in
connection with your transaction with us, including but not limited to, this Loan Agreement, this
Consent, the Truth in Lending disclosures set forth below (but not required by Musqueam First
Nation law), change-in-term notices, fee and transaction information, statements, delayed
disbursement letters, notices of adverse action, state mandated brochures and disclosures, terms
and conditions and transaction information ("Communications"), may be sent to you
electronically by posting the information at our web site, www.myquikloan.com, or by sending it
to you by e-mail.
* We will not be obligated to provide any Communication to you in paper form unless you
specifically request us to do so.
* You may obtain a copy of any Communication by contacting us at 6518 Salish Drive,
Vancouver, B.C. V6N 2C7 (Canada), or by calling us at (800) 474-5586. You also can withdraw
your consent to ongoing electronic communications in the same manner, and ask that they be
sent to you in paper or non-electronic form. If you choose to receive Communications in paper or
non-electronic form, we may elect to terminate this Loan Agreement and demand payment of the
amount then due by the date of your withdrawal of consent; or by the expiration of any minimum
term mandated by law, whichever is later.
* You agree to provide us with your current e-mail address for notices at the address or phone
number indicated above. If your e-mail address changes, you must send us a notice of the new
address by writing to us or sending us an e-mail, using secure messaging, at least five (5) days
before the change.
* In order to receive electronic communications in connection with this transaction, you will
need a working connection to the Internet. Your browser must support the Secure Sockets Layer
(SSL) protocol. SSL provides a secure channel to send and receive data over the Internet through
HS encryption capabilities. Netscape 4.7+ and above and Microsoft Internet Explorer 5.01+ and
above support this feature. You will also need either a printer connected to your computer to
print disclosures/notices or sufficient hard drive space available to save the information (e.g., 1
megabyte or more). To download transaction information into Quicken or Microsoft Money, you
will need the equipment and software required by their respective operating instructions. We do
not provide ISP services. You must have your own Internet service provider.
* We may amend (add to, delete or change) these terms by providing you with advance notice.
By electronically signing this Loan Agreement below, you are confirming that: (1) your system
meets the requirements set forth above; (2) you agree to receive Communications electronically;
and (3) you are able to access and print or store information presented at this website.
GOVERNING LAW: This Loan Agreement is governed by the law of the Musqueam First
Nation. This Loan Agreement is not consummated until your loan is funded by us from our tribal
bank account in Canada, and your loan is repayable to that same account in Canada. We do not
have a presence in the United States of America. None of this loan, the Loan Agreement, nor
Lender, is subject to the laws of the United States or any state therein.
TRUTH IN LENDING DISCLOSURES: The disclosures below are provided to you so that you
may compare the cost of this loan to other loan products you might obtain in the United States.
Provision of these disclosures is not a consent to application of US law to us, to the loan, or to
the Loan Agreement.
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL
PERCENTAGE RATE
FINANCE
CHARGE
Amount Financed
Total of Payments
The cost of your credit as a yearly rate. The dollar amount the credit will cost you. The
amount of credit provided to you or on your behalf. The amount you will have paid after you
have made all payments as scheduled.
730.00% $120.00 $400.00 $520.00
Your Payment Schedule will be:
One Payment in the Amount of $520.00 is due 2/15/2008
Late or NSF Charge: If your payment is late by more than two (2) days, or if your payment is
returned by your depository institution due to insufficient funds, closed account, stopped
payment or for any other reason, you will be charged a fee of $30.00.
Security: You are giving a security interest in the ACH/EFT Authorization.
Demand Feature: This obligation is payable on demand if you withdraw your consent to
electronic communications.
Prepayment: If you pay off early, you will not be entitled to a refund of the finance charge.
However, you may rescind this Loan Agreement by 5 p.m. Eastern Time on the next business
day following the date your loan is funded at no charge, provided the Amount Financed is repaid
in full.
See the terms of this Loan Agreement for any additional information about nonpayment, default
and lack of prepayment penalties.
Itemization of Amount Financed: Amount given to you directly: 400.00. Amount paid on
Deferred Deposit Transaction No. with us: $0.00.
ACH/EFT AUTHORIZATION: You hereby voluntarily authorize us, and our successors, agents
and assigns, to initiate an automatic credit and debit entry to Your Bank Account: Name of bank
and state: Bank of America, ; Account type: Checking; Bank routing and transit number:
111000025; and Account Number: 517021345.
You agree that we will initiate an ACH/EFT debit entry to Your Bank Account for the Total of
Payments on 2/15/2008 (the Payment Date), and re-initiate a debit entry for the same amount if
the ACH/EFT is dishonored.
You voluntarily agree to the electronic re-presentation by us and our successors, agents, or
assigns (including attorneys and collections agencies) of any funds owed and that are returned to
us for any reason. Such electronic re-presentation may be for less than the original amount owed
us or in any increments totaling the amount due, including the maximum permissible non-
sufficient funds fee charged by us. You agree to pay all fees related to the collection of your
account. This includes, without limitation, all attorneys' fees, collection fees, and other costs
incurred during the collection process.
You authorize us to verify all of the information that you have provided, including past and/or
current information. You agree that the debit entry authorized herein is for repayment of a single
payment installment loan and shall not recur at substantially regular intervals. If there is any
missing or erroneous information in or with your loan application regarding your bank, bank
routing and transit number, or account number, then you authorize us to verify and correct such
information. You agree that this ACH/EFT Authorization is subject to our approving the Loan
Agreement.
The ACH/EFT Authorizations set forth in this Loan Agreement are to remain in full force and
effect for this transaction until your indebtedness to us for the Total of Payments, plus any Late
or NSF fee incurred, is fully satisfied. You may only revoke the above authorizations by
contacting us directly, and only after you have satisfied your indebtedness to us.
If you revoke the authorization to effect an ACH/EFT debit entry before the loan is paid in full,
you authorize us to prepare and submit one or more checks drawn on your Account or any
account in your name on or after the due date of your loan. Such checks may or may not have an
electronic image of your signature. This authorization to prepare and submit a check on your
behalf may not be revoked by you until such time as the loan is paid in full. In addition, you
understand and acknowledge that in the event you terminate ACH/EFT debit authorization, any
loans made by us to you may, at our sole and absolute discretion, become immediately due and
payable.
INSUFFICIENT FUNDS: If there are insufficient funds on deposit in Your Account to effect an
ACH/EFT debit entry on the Payment Date, you agree to pay us a $30.00 NSF fee, which we
may collect via ACH/EFT debit entry to Your Bank Account. You voluntarily authorize us, and
our successors and assigns, to initiate a debit entry to Your Bank Account for payment of this
fee.
If your payment is returned to us by your financial institution due to insufficient funds or a
closed account, you agree that we may recover court costs and reasonable attorney's fees
incurred by us.
LATE CHARGE: If you fail to make all or any part of a scheduled payment more than two (2)
days after its due date, you will be charged a late charge of $30.00, which we may collect via
ACH/EFT debit entry to Your Bank Account.
DEFAULT AND REFINANCING: You will be in default under this Loan Agreement if any of
the following occurs: You fail to pay any amount owed to Us when due; You fail to comply with
or to perform any other term, obligation, covenant or condition contained in this Loan
Agreement or in any of the related documents; any warranty, representation or statement made or
furnished to Us by You under this Loan Agreement or any related documents is false or
misleading in any respect, either now or at the time made or furnished.
ASSIGNMENT: We may assign or transfer this Loan Agreement or any of our rights hereunder.
CREDIT BUREAUS: You agree to allow a search of the databases maintained by certain credit
bureaus and consumer information reporting agencies. These databases are national databases of
consumers and contain information about transactions with lending institutions.
TERMS AND CONDITIONS: You agree to the additional terms and conditions which are made
a part of this Loan Agreement.
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. Arbitration is a process in
which persons with a dispute: (a) waive their rights to file a lawsuit and proceed in court and to
have a jury trial to resolve their disputes; and (b) agree, instead, to submit their disputes to a
neutral third person (an "arbitrator" ) for a decision. Each party to the dispute has an opportunity
to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration
proceedings are private and less formal than court trials. The arbitrator will issue a final and
binding decision resolving the dispute, which may be enforced as a court judgment. A court
rarely overturns an arbitrator's decision. THEREFORE, YOU ACKNOWLEDGE AND AGREE
AS FOLLOWS:
1. For purposes of this Waiver of Jury Trial and Arbitration Provision (hereinafter the
"Arbitration Provision"), the words "dispute" and "disputes" are given the broadest possible
meaning and include, without limitation (a) all claims, disputes, or controversies arising from or
relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope
of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b)
all federal or state law claims, disputes or controversies, arising from or relating directly or
indirectly to this Loan Agreement (including the Arbitration Provision), the information you
gave us before entering into this Loan Agreement, including the Application and Customer
Information Sheet, and/or any past agreement or agreements between you and us; (c) all
counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon
contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or
federal constitution, statute or regulation; (f) all claims asserted by us against you, including
claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by
you individually against us and/or any of our employees, agents, directors, officers, shareholders,
governors, managers, members, parent company or affiliated entities (hereinafter collectively
referred to as "related third parties"), including claims for money damages and/or equitable or
injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted
by you as a private attorney general, as a representative and member of a class of persons, or in
any other representative capacity, against us and/or related third parties (hereinafter referred to as
"Representative Claims"); and/or (j) all claims arising from or relating directly or indirectly to
the disclosure by us or related third parties of any non-public personal information about you.
2. You acknowledge and agree that by entering into this Arbitration Provision: (a) YOU ARE
GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE
ALLEGED AGAINST US OR RELATED THIRD PARTIES; (b) YOU ARE GIVING UP
YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL,
RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A
PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY,
AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY
LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
3. Except as provided in Paragraph 6 below, you agree that all disputes including any
Representative Claims against us and/or related third parties shall be resolved by binding
arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL
NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT
ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE
ARBITRATION.
4. Any party to a dispute, including related third parties, may send the other party written
notice by certified mail return receipt requested at the address appearing at the top of this Loan
Agreement of their intent to arbitrate and setting forth the subject of the dispute along with the
relief requested, even if a lawsuit has been filed. Arbitration shall be conducted in the Musqueam
First Nation by an authorized representative in accordance with its consumer dispute rules and
the terms of this Waiver of Jury Trial and Arbitration Provision. You may appear at arbitration
via telephone or video conference, and you will not be required to travel to the Musqueam First
Nation. The party receiving notice of arbitration will respond in writing by certified mail return
receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your
demand of the arbitration organization you have selected or whether you desire to select a local
arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20)
days in writing by certified mail return receipt requested of your decision to select an arbitration
organization or your desire to select a local arbitrator. If you fail to notify us, then we have the
right to select an arbitration organization. The parties to such dispute will be governed by the
rules and procedures of such arbitration organization applicable to consumer disputes, to the
extent those rules and procedures do not contradict the express terms of this Loan Agreement or
the Arbitration Provision, including the limitations on the arbitrator below.
5. Regardless of who demands arbitration, we will advance your portion of the expenses
associated with the arbitration, including the filing, administrative, hearing and arbitrator's fees
("Arbitration Fees"). Throughout the arbitration, each party shall bear his or her own attorneys'
fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable
substantive law consistent with the Musqueam First Nation, and applicable statutes of limitation,
and shall honor claims of privilege recognized at law. The arbitrator may decide, with or without
a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a
claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator
shall not apply any federal or state rules of civil procedure or evidence. If allowed by statute or
applicable law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and
expenses. If the arbitrator renders a decision or an award in your favor resolving the dispute, then
you will not be responsible for reimbursing us for your portion of the Arbitration Fees, and we
will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator does not
render a decision or an award in your favor resolving the dispute, then the arbitrator shall require
you to reimburse us for the Arbitration Fees we have advanced, not to exceed the amount which
would have been assessed as court costs if the dispute had been resolved by a state court with
jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any
party, the arbitrator shall provide a written explanation for the award. The arbitrator's award shall
be final and binding on both parties and judgment upon such award may be filed with any court
having jurisdiction.
6. This Arbitration Provision is made pursuant to a transaction involving international
commerce, and shall be governed by the law of the Musqueam First Nation.
7. This Arbitration Provision is binding upon and benefits you, your respective heirs,
successors and assigns. The Arbitration Provision is binding upon and benefits us, our successors
and assigns, and related third parties. The Arbitration Provision continues in full force and effect,
even if your obligations have been paid or discharged through bankruptcy. The Arbitration
Provision survives any termination, amendment, expiration or performance of any transaction
between you and us and continues in full force and effect unless you and we otherwise agree in
writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
8. NOTWITHSTANDING THE FOREGOING, THE LENDER RETAINS THE
AUTHORITY TO INSTITUTE AN ACTION IN ANY COURT TO RECOVER SUMS DUE
THE LENDER BY CUSTOMER HEREUNDER. In the event Lender, its successors and
assignees, initiates collection activity on your account, you agree to be responsible for collection
fees, court costs and fees and all reasonable attorney fees.
If you feel there were any improprieties in the making of this loan or in our loan practices,
you may refer them to the Musqueam First Nation, 6735 Salish Drive, Vancouver BC V6N 4C4.
We utilize the services of consumer transaction databases that track individuals' use of
deferred deposit, check cashing, and consumer finance company services. Information we
receive from these databases may play a role in whether we extend credit to you.
ELECTRONIC SIGNATURES AND CONSENTS
By electronically signing below and providing any additional information as may be requested
below, you understand and acknowledge that you are taking the following three (3) separate
actions:
1. CONSENT TO ELECTRONIC COMMUNICATIONS:
By electronically signing, you are confirming that: (1) your system meets the requirements
set forth above in the Consent to Electronic Communications (the "Consent"); (2) you agree to
receive all communications electronically and otherwise agree to the terms and conditions of the
Consent; and (3) you are able to access and print or store information presented at this website.
2. ACH AUTHORIZATION:
By electronically signing this Loan Agreement below, you certify that you have fully read
and understood the ACH AUTHORIZATION provisions of this Loan Agreement, you agree to
comply with, and be bound by, their terms and you agree and understand that you are authorizing
us to effect both debit and credit entries into your Bank Account to fulfill your obligations under
this Loan Agreement.
3. AGREEMENT TO TERMS AND CONDITIONS OF LOAN AGREEMENT INCLUDING
WAIVER OF JURY TRIAL AND ARBITRATION:
By electronically signing this Loan Agreement by typing your name below, (a) you
acknowledge that the Loan Agreement was filled in before you did so and that you have
reviewed the entire Loan Agreement including the TRUTH-IN-LENDING DISCLOSURES, the
WAIVER OF JURY TRIAL AND ARBITRATION PROVISION, our PRIVACY POLICY, and
TERMS AND CONDITIONS (b) you acknowledge that your right to file suit against us for any
claim or dispute regarding this Loan Agreement is limited by the WAIVER OF JURY TRIAL
AND ARBITRATION provisions, (c) you represent that you are not a debtor under any
proceeding in bankruptcy and have no intention to file a petition for bankruptcy, and (d) you
acknowledge that you have read and understood all of the terms of this Loan Agreement
including the provisions mentioned above and you agree to comply with, and be bound by, all of
those terms.
Lender:
ALL AMERICA LENDING CO.
Borrower's E-Signature: GeorgePalaganas
Please type name as found on the application: George Palaganas
Borrower:
First Name: George
Last Name: Palaganas
Customer #: 234-12-3123
Date: 1/30/2008
PLEASE NOTE YOU SHOULD PRINT AND RETAIN A COPY OF THIS LOAN
AGREEMENT FOR YOUR RECORDS.
Any comments or questions may be directed to MyQuikLoan Customer Comment Line at the
following toll-free number: (800) 474-5586 or via e-mail to info@myquikloan.com
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