NOTE & DISCLOSURE STATEMENT
`(Including Arbitration Clause)
`Date Note Sen! to Borrower:
`Estlmated Date of Loan:
`February 24, 2014
`February 17, 2014
`Name & Installation Address of Borrower(s):
`Steven c Gursslin
`Dawn M Gursslin
`105 Fox Horn Run
`Cary. NC 27511
`
`Principal Amount of Loan:
`$14,089.00
`Name & Address of Lender:
`
`EnerBank USA
`1245 Brlckyard Road, Sulte 600
`Salt Lake Clty. UT 84106
`
`Loan Number:
`
`0061
`
`In this Note & Disclosure Statement (this "Note"). the words "I". "my". "me". "we" and "debts? refer to Borrower(s) identified above: and.
`the words "you" and "your" refer to Lender identified above or. upon assignment of this Note. Lender's assignee.
`I have applied to you for the loan evidenced by this Note to purchase certain goods. equipment and/or services
`Loan.
`1.
`LOHQWOflh Emerpfises Inc
`In order to induce you to make this
`from
`("Contractor").
`loan. 1 represent and warrant that I will use the loan proceeds only for the purpose stated and only for the home improvement project at
`i further represent that :i ovm the property and reside at the Installation
`the address (the "Installation Address") set forth above.
`Address. By signing the Payment Authorization Form bearing the same Loan Number referenced at the top of this Note. I am: agreeing
`to the terms and: conditions of this Note and i am acknowledging that the goods. equipment and/or services purchased from Contractor
`are acceptable and, If applicable. have been installed to my satisfaction. Furthermore. by signing the Payment Authorization Form. I
`am instructing you to disburse the proceeds of the loan to Contractor. THE PAYMENT AUTHORIZATI_ON FORM MUST BE SIGNED
`IF THE SIGNED PAYMENT AUTHORIZATION FORM IS NOT RECEIVED BY LENDER
`BY BORROWER(S) AND CONTRACTOR.
`ON OR BEFORE
`THE PAYMENT AUTHORIZATION FORM WILL BE VOID AND THIS NOTE WILL HAVE NO
`06114l14
`FORCE AND EFFECT.
`ELQmLILILEII- By signing the Payment Authorization Form. i. Bonower. promise to pay us. 8
`14.03930
`2.
`(me
`'Prlnclpel'). plus interest. to your order according to the payment schedule below.
`lntsmt. Beginning on the date the loan proceeds are disbursed by Lender to Contractor and continuing until the amount l owe
`3.
`you has been paid in full. I will pay interest at the simple Interest rate of _5-9§_% per annum. This Interest rate Is the rate I will
`interest will scents daily on that part of the Principal which
`after any default described in paragraph 7 of this Note.
`as no
`Ipay bothbebefore and
`on pa .
`
`ANNUAL
`PERCENTAGE
`RATE
`The cost of my credit as a
`yearly rate.
`
`FINANCE
`0 A GE
`H' R
`The dollar amount the credit
`willrcostme.
`
`Truth in Lending Disclosure Statement
`Amount Financed
`
`The amount of credit provided
`to me or on my behalf.
`
`Total of Payments
`The amount i will have paid after
`scheduled
`I have made
`all
`payments.
`
`639 %
`Payment Schedule: My payment schedule will be:
`Number of Payments
`Amount of Payments
`$ 163.52
`120
`
`5,533.40
`
`3
`
`(e,
`
`When Payments are Due
`30 clays after the loan proceeds are: disbursed to
`Contractor and on the same day of'each month thereafter
`
`if i pay off this loan early. Will not have to pay a penalty.
`Prepayment:
`Late Charges:
`If a payment is not made within 10 days of the date it Is due. I will be charged a late charge of $30 or in an amount
`equal to 5% of the unpaid amount of the payment. whichever is greater.
`Other Terms:
`i should read the remainder of this Note for additional information on nonpayment. default and your right to require
`repayment In full before the scheduled maturity date.
`is} means an estimst_e
`
`itemization of Amount Financed
`
`Amount paid to Contractor on my behalf:
`Total Amount Financed:
`
`I
`I
`4. mm. The payment schedule above assumes that i will pay all amounts when due. My first payment date will be printed
`on my coupon book which you will mail to me. My monthly payments will be applied in the following order if i am not in default:
`interest. principal and other non-default fees and charges.
`lf'i have paid late or have been otherwise In default. my monthly payments
`may be applied in a different order at your discretion. Because Interest accrues deli on the unpaid principal balance. the amount of the
`if. on the final ssho ulod payment date (the "Maturity Date"), i still owe
`last payment may decrease or Increase if i pay early er late.
`I will make my monthly payments to you at such location
`I will pay these amounts in full on the Maturity Date.
`as yous a
`scene .
`amountshuiii'ddor tlhis f'iaote.
`
`14-089-00
`
`.
`
`iéflflfili Rev. 9/29/13
`
`Electronically Filed Date: 3/23/2023 1:38 PM Wake County Clerk of Superior Court
`
`23CV006867-910
`
`
`
`l may make a fun prepayment or a partial prepayment at any tlme without paying any penalty.
`5.
`Notwithstandlng the foregoing. I understand that If | prepay more than twelve manmly ayments. but do not pay my loan In tull. my next
`dua date wltl be moved forward e maximum at 12 months. and my regu er monthly paymente wlll recommenoa monthly
`6. 9mm ll you have net received the iull amount at my monthly payment within 10 days ol the date ll la due. l will pay
`area er.
`pheymafrttt
`l will pay this late
`you a late charge of $30 or In en amount equal to 6% of the unpaid amount of the payment. whichever le greater.
`charge only once on any late payment. Addlllonally. l ehall pay you a tee oi $30 for any cheek or any other form of payment l give you
`that la dishonored or returned to you unpaid. Any overpayment in excoee of $1.00 ehall be refunded at final payoff of the loan.
`99M. l will be in default If any one or more of the followlng ehould eoour: any payment or any other sum la not paid when due;
`7.
`receivership or insolvency proceedings or any assignment for the benefit of creditors shall be lnetltuted by or against me; l die: or, I fall
`to keep any promise or meet any other obligation ln this Note.
`If this Note Ia In default. fotlowlng any notices required bylaw. you may require that my unpaid
`8.
`if
`balance, including interest and other charges and fees due under thle Note (and not lust amounts in default). be paid immediately.
`this Note la in default and you are not Immediately paid all amounts due under this Note, you may: set off my liability on this Note
`against any of my deposits or property you hold: or pursue any other remedy you have under applicable law and following any notice to
`l will pay all collection costs and expenses, Including your actual and reasonable costs of enforcement
`me required by applicable law.
`and collection of any amount due and payable under this Note. to the extent permitted bylaw. Such collection costs and expenses
`shell also Include reasonable attorneys' fess to the extent permitted by applicable law. including any and all such fees arising due to a
`bankruptcy filing by or against me.
`lf more than one person signs the Payment Authorization Forrn as Borrower. each
`9-
`.
`such person shall be fully and personally obligated to keep all promises In this Note. Including the promise to pay the full amount owed.
`You may enforce your rights under this Note against each such person individually or against all Borrowers together. This means that
`any one of the Borrowers may be required to pay all of the amounts owed under this Note. You may give one Borrower extensions to
`10. WW.
`pay or change or release his or her responsibility without releasing any co-Borrower In the same way.
`Time Is of the essence. This means that all required payments must be made on the dsy due and all
`If l require additional dme to make e payment or perform any other obligation.
`other obligations must be performed on time.
`understand that l must obtain your approval in writing in advance for making s late payment or rendering any other late performance.
`11. MW.
`and that you are not required to give such approval.
`ii any provision of this Note cannot be enforced. the rest cf this Nets will stay in effect.
`12. Wm. You may delay enforcing any of your rights or elect not to enforce your rights without losing any of them.
`l and any
`'Presentrnent" means the
`other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
`"Notice of dishonor" means the right to require you to glve notice that
`right to require you to demand payment of amounts due.
`ta. mum.
`amounts due have not been paid.
`This Note. and any dalm. dispute or controversy arising cut cf or relating to this Note or my loan. whether
`based on contract. tort. fraud and other Intentional torts. statute. regulation. constitution. common law and/or equity. ere governed by
`end construed in accordance with the laws of d'le State of Utah (without regard to intemsl principles of conflicts of law) and applicable
`Federal law. The legality. enforceability and Interpretation of this Note and me amounts contracted for. charged and received under this
`Lender makes decisions about
`Lender and Borrower in Utah.
`Note will be governed by such laws. This Note ls entered into b
`Lender and Borrower irrevocably and
`granting credit to Borrower and extending credit to Borrower un er this Note from Uhh.
`unconditionally agree end consent that any arbitration. proceeding relating to or arising cut of this Note (or. tc the extent applicable. any
`cult. action or other proceeding relating to er arising out of this Note) shall be brought exclusively in an arbitration tribunal (or state or
`federal court or other tribunal). sitting in the State of Utah. Bait Lake County. Lender and Borrower hereby Irrevocsbly waive. to the
`fullest extent permitted bylaw. any cbisetlon to such venue and further waive any claim that such venue is in an inconvenient forum.
`In
`the event of any conflict between the foregoing choice of governing law and venue provisions end the rules of the National Arbitration
`Forum. J.A.M.S.IBndlspute. or the American Arbitration Association. than these governing law and venue provisions shall control.
`l am hereby notified that e negadve credit report may be submihd b s
`As required by Utah law.
`14.
`credit recoding agency if I fall to fulfill an of the terms of my credit obligation.
`This Note s the final expression of the agreement between Borrower and Lender and may not be
`16.
`Mam. Lender may as gn this Nets and may do so without my permission.
`contradicted by evidence of any oral a reement cr statement.
`l may not assign my obligations under this
`individually liable ursuant to this Nels authorises you or any of your affiliates to
`person's personal are it and make other credit inquiries that Lender detemtlnes are
`egarden
`
`I
`
`l
`
`g
`f7.
`Any
`obtain credit bureau reports regard ng cu
`necessary.
`Notice for California Residents: California law requires that Lender inform customers that should they fall to fulfill the terms of
`if Borrower ls
`their credit obligation. c no ativs report reflecting on their credit record may be submitted to a credit repcnlng agency.
`married. Borrower may app y for credit in Borrower's own name.
`Borrower agrees that. should Lander obtain a judgment against borrower. s portion of
`Notice for Florida Rssldcntst
`disposable earnings may be attached or garnished (paid to Lender by Borrower's employer-l. as provided by Florida and
`.e
`rs aw.
`godnaowlef's
`
`Lender may request a consumer report in connection with Borrower's application for credit.
`Nctlec for Maine Residents:
`Borrower may ask whether c_ consumer report was obtained by Lender and Lander wlil' tell Borrower the name and address of the
`consumer reporting agency. If a report was obtained.
`
`1=2§QG=1 Rev. 8/20/13
`
`
`
`Notlce for New York Resldenta: Consumer reports may be requested In connectlon with the processing of the appllcatlon and
`any resulting Note. Upon Borrower's request, Lender wlll tell Borrower whether or not a consumer report was requested and the names
`and addresses of any consumer reponlng agendas that have provided Lender with such reports.
`Notice for Ohlo Resldents: The Ohlo laws against discrimination require that all creditors make credit equally available to all
`creditwoth consumers and that credit reporting agendas maintain separate credit histories on each individual upon request. The Ohio
`Civil Rights Commission administers compliance with this law.
`
`Notice for Vermont Residents: A consumer credit report may be requested in connection with this application or in connection
`with updates. renewals or extensions of any credit granted as a result of this application. Upon Borrower's request. Borrower will be
`informed whether or not such a report was requested and. if so. the name and address of the agency that furnished the report.
`Notice for Wisconsin Residents: Wisconsin law provides that no provision of any marital property agreement, unilateral
`statement. or court decree applying to marital property will adversely affect a creditor's interests unless the creditor. prior to the fime
`credit is granted. is furnished with a copy of the agreement. statement. or decree. or has actual knowledge of the adverse provision
`when the obligation to the creditor is' incurred.
`ARBITRA'HON: All disputes. claims, or controversies arising from or relating to this Note or the relationships which result from this
`Note and/or any guaranty of this Note, or the validity of this arbitration clause or the entire Agreement. shall. at the election of either
`party. be resolved by binding arbitration by one arbitrator selected by me with your-consent. or appointed by a court 'rf l fail to select an
`arbitrator or we cannot agree upon an arbitrator. Any arbitraflon underthis provision shall be conducted aocordng t'o the mles of either
`I have the right to select which of these
`the National ArbitratiOn Forum. J.A.M.S.lEndispute-. or the AmerlCan Arbitration Association.
`arbitration forums to use'; but if I do not make a timely eeleoflon.» you may choose one. This arbitration agreement is made pursuant to
`a transaction in interstate commerce. and shall be governed by the Federal Arbitration Act at 9 U.S;C. Section 1. et seq.
`Judgment
`The parties agree and understand that they choose
`upon the award rendered may be entered in any court having Jurisdiction.
`arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes.
`through a court. but that they prefer to resolve their disputes through arbitration. except as provided herein. THE PARTIES
`VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER PURSUANT T0 ARBITRA'HON
`UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY YOU (AS PROVIDED HEREIN);
`The parties agree and
`understand that all disputes arising under ease law. statutory law. and all other laws including. but- not limited to. all contract, tort. and
`property» disputes. will be subject to binding arbitration ln acodrd with this Note. The: parties agree and understand that the arbitrator
`shall have all pewers provided by- the law and this Note. These powers shall-Include all legal and equitable remedies. including. but not
`limited to. money damages, declaratory relief, and Injunctlve relief. The insfitution and maintenance of any action for judicial relief- in a
`oourt- to obtain a monetary judgment, or to enforce this Note. shall not constitute a waiver of the right of any party to compel. arbitration
`r_egarding any dispute or remedy subject to arbitration In this :Note.
`ANY HOLDER' OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT T0 ALL CLAIMS AND DEFENSES WHICH
`THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE
`PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
`DEBTOR HEREUNDER'.
`BY SIGNING THE PAYMENT AUTHORIZATION FORM BEARING THE SAME LOAN NUMBER REFERENCED AT
`THE TOP. OF THIS NOTE, IIINE. THE ABOVE-NAMED BORROWER(S)', ACKNOWLEDGE THAT IIWE HAVE READ
`AND UNDERSTAND ALL TERMS. AND CONDITIONS OF THIS NOTE & DISCLOSURE' STATEMENT. INCLUDING
`THE ARBITRATION CLAUSE. AND IIWE ACKNOWLEDGE~ RECEIPT OF A COMPLETELY FILLED-IN COPY OF THIS
`NOTE. IIWE FURTHER ACKNOWLEDGE THAT THE LOAN PROCEEDS WILL BE USED ONLY AS SET FORTH IN
`SECTION 1 ABOVE.
`
`SIGN THE PA YMENTAUTHORIZA TION FORM AFTER
`PROJECT IS SATISFACTORILY COMPLETED.
`
`1-2000-1 Rev. 61'20I-13
`
`
`PAYMENT AUTHORIZATION FORM
`
`EnerBankt U2
`
`LOAN NUMBER-0061
`NOT VALID AFTER: June 14, 2014
`
`LOAN AMOUNT: $14,089.00
`DATE: Febmary 17, 2014
`BY SIGNING BELOW, IIWE [THE BORROWER(S)]:
`1. Acknowledge receipt of the Note & Disclosure Statement (the "Note") bearing the same loan
`number referenced at the top of this form for my loan with EnerB'ank USA and agree to be
`legally bound by the terms and conditions of the Note.
`Confirm that there has been satisfactory delivery of all equipment, goods and/or services by
`the Contractor, and if any installation was included in the contract, there has been satisfactory
`completion of such installation.
`Represent and warrant that the loan proceeds will be used only as set forth in the Note.
`Instruct Ener'Bank USA to disburse to Contractor the proceeds of this loan in the amount of
`Fourteen Thousand Eighty Nine Dollars & Zero Cents.
`
`2
`
`3.
`4
`
`_B°|T°W°|' 04/30'2014 Date
`pawl! fl grew/fir
`
`Steven
`
`r
`
`lin
`
`Dawn M Gursslin
`
`Borrower
`
`04/30/2014
`
`Date
`
`AUTHORIZATION NUMBER:-
`
`1.
`
`BY SIGNING BELOW. CONTRACTOR REPRESENTS AND WARRANTS TO ENERBANK USA:
`Contractor has delivered all equipment. goods and/or services and completed any Installation
`Included In the contract" to the satisfactlon of the Borrower(s).
`Contractor has positively Identified each Borrower whose signature appears above.
`Contractor has duly authorized the person signing this form to execute this Payment
`Authorization Form on behalf' of Contractor.
`
`2.
`3.
`
`fiwa/'té 51hr HEW 5w - 6369
`rprlses nc
`n
`ongwo
`dIb/a LEI Home Enhancement
`
`Contractor
`
`Date
`
`6.99% 10-Yr Loan
`
`i=§68§=1 RSV: §IW1§
`
`1§4§ Brieltyafd Read; §Hlle 669; §§It Lake @ily; UT§419§
`
`
`
`SBH/Rczaooozlcz49
`NORTH CAROLINA
`
`WAKE COUNTY
`
`REGIONS BANK AS SUCCESOR BY
`MERGER TO ENERBANK USA
`Plaintiff
`
`vs.
`
`STEVEN C GURSSLIN
`DAWN M GURSSLIN
`Defendants
`
`IN THE GENERAL COURT OF JUSTICE
`
`DISTRICT COURT DIVISION
`
`FILE NO.
`
`AFFIDAVIT OF CLAIM
`
`The undersigned, being duly sworn, states the following:
`/ll7b
`t 4M] a M yr
`| am employed In the capacity of
`1.
`I
`SUCCESOR BY MERGER TO ENERBANK USA, Plaintiff in this action.
`
`by REGIONS BANK AS
`
`| am familiar with the books and records of Plaintiff, and the books and records pertaining to the
`2.
`account which is the subject matter of this action are kept under my supervision and control, are kept in the
`normal course of business, and the entries made in those records are made at or near the time that the
`transactions reflected in those records occur.
`
`3. The books and records of Plaintiff indicate that the account of STEVEN C GURSSLIN and DAWN M
`GURSSLIN has a balance due in the amount of $6,389.28, plus accumulated interest in the amount of
`$1,331.37, as of January 23, 2023.
`
`4. To the best of my knowledge and belief, STEVEN C GURSSLIN and DAWN M GURSSLIN are
`citizens and residents of Wake County, North Carolina and are neither infants nor incompetents
`
`5. That the above statements
`
`to tilebest
`
`no ledge and belief.
`
`I/l/\_ ,
`
`Affiant
`
`I}?
`
`Printed Name of A Iant
`Numb
`
`day of
`
`. 2023.
`
`Sworn to and su
`
`crlbed before me this
`
`Notdrv Public
`SSIOI'I
`My
`
`JENNIFER BLAYLOCK
`NOTARY PUBLIC STATE OF UTAH
`My Comm. Exp 00/05/2023
`Commission # 707396
`
`ix
`$\
`
`
`
`EnerBankUSA
`munmmmnmu
`
`STEVEN C GURSSLIN
`DAWN M GURSSLIN
`105 FOX HORN RUN
`CARY,NC 27511
`
`CALL US
`1-866-6443'662
`
`HOME IMFROVEMENT [CAP-l SUMMARY
`JUN 11, 2020
`Statement Date
`061
`Luau Number
`MAY 1, 2014
`Loan Start Date
`Principal Balance'
`$6,389.28
`6.99%
`Interest Rate
`$16152
`Regular Manthly Payment
`'Tht: Is not I! payoff nmounl. For a payofl amount contact Cuslorrwr Service.
`
`HOME IMPROVEMENI [DAN PAYMENT SUMMARV
`$163.52
`Monthly Payment
`Unpaid, Fees & Charges
`52 10.00
`Past' DueAmount
`$654.08
`Iota! Amount Dug
`$1,027.60
`IMMEDIATELY
`Payment Due Date
`W,"be assessed 0530.00 late charge.
`aymcnt Ix not/etched MM»: 10 day: {mm your due date,
`
`CONTACT INFORMATION
`EMAIL US
`
`PAY ONLINE
`
`Transnctlon
`me
`05/11/20
`
`M:
`
`at:
`
`Transaction
`Descripdon
`AssjeSsed are chargez.
`
`T RANSACTION ACTEVITV
`Amounun
`Transaction.
`x {Ambqntg'
`'"Prindpql,
`
`Amuulli m_
`lnIzrgst
`
`Amount 10
`Fees/Lam_cma..',
`$30...oo:
`
`Amount
`wMIscr_
`
`Raidm
`.- Dam
`
`YGUR LOAN i3
`
`A5?"
`
`D 1 fr. 1
`:7
`
`I!
`
`IMPORTANT MESSAGES
`
`Please contact the Collections Department at 1-888-321-6390.
`
`Kenn upper portlon for vour records
`IETACH ANI RETURN DITTOM PORTION WITH YOUR PAYMENT
`
`k
`
`-061
`
`STEVEN C GURSSUN
`DAWN M GURSSUN
`105 FOX HORN RUN
`CARY.NC 27511
`
`D Check here Ifyour
`
`address has changed.
`or to set up a teaming
`payment. Cnmpletn
`forum on reverse side.
`
`Lban:Nll,mb§Ii:
`Monthly Paym,e_nt~
`5163:52'
`unpaid Fees & chargés
`$210110
`Past Due Amount:
`$554.03
`Tqml 'A'mou'n't. Dug
`$15027iao
`hymn: Due Date
`IMMEDIATELY
`""m assessed 053000 late charge.
`mm! It not mm within 10 dun/rum yawduedale,
`
`mammal
`PO Box 26856
`Salt-'Lake-City, UT 34126-0355..
`
`AMOUNT ENCLOSE'D $
`
`jXJ-IIBIT C
`
`
