REGIONS BANK AS SUCCESSOR BY MERGER TO ENERBANK USA VS THOMAS FLEMING; ANNE NEWTON, 23CV001920-500, 9428254 (North Carolina St., Johnston Co., District Ct. Mar. 13, 2023) (2024)

CONSUMER NOTE & DISCLOSURE STATEMENT
`(Including Arbitration Clause)
`This is a Consumer Credit Transaction and a Nonnegotiable Consumer Note
`Principal Amount of Loan:
`Date Note Sent to Borrower
`Estimated Date of Loan:
`Loan Number:
`November 22, 2019
`$55,000.00
`November 29. 2019
`6617
`Name & Address of Lender:
`Name & Installation Address of Borrower(s):
`Thomas Fleming
`Anne Newton
`228 rothes ct
`Clayton, NC 27527
`
`EnerBank USA
`1245 Brickyard Road, Suite 600
`Salt Lake City, UT 84106
`
`ANNUAL
`PERCENTAGE RATE
`The cost of my credit as a
`yearly rate.
`
`Truth in Lending Disclosure Statement
`FINANCE
`Amount Financed
`CHARGE
`The dollar amount the
`credit will cost me.
`
`The amount of credit
`provided to me or on my
`behalf.
`
`Total of Payments
`
`The amount | will have
`paid after | have made all
`scheduled payments.
`
`699
`
`%
`
`$
`
`47,261.60
`
`(e)*
`
`$
`
`55,000.00
`
`$
`
`102,261.60
`
`(e)*
`
`Payment Schedule: My payment schedule will be:
`Number of Payments
`Amount of" Payments
`240
`$ 426.09
`
`When Payments are Due
`days after the loan proceeds are disbursed by
`3o
`Lenderto Contractor and on the same day of each month
`thereafter.
`If l pay this loan early in part or in full, l 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, | will be charged a late charge of $30 or
`in an amount equal to 5% of the unpaid amount of the payment, whichever is greater.
`Other Terms:
`l should read the remainder of this Note for additional information on nonpayment, default, any required
`repayment in full before the scheduled maturity date, and prepayment rebates and penalties.
`*(e) means an estimate
`
`ltemization of Amount Financed
`Amount paid to Contractor on my behalf:
`Total Amount Financed:
`
`$
`$
`
`55,000.00
`55,000.00
`
`In this Consumer Note & Disclosure Statement (this "Note"), the words "I", "my", "me", "we" and "debtor" refer to
`Borrower(s) identified above; and, the words "you" and "your" refer to Lender identified above or, upon assignment of this
`Note. Lenders assignee.
`Loan.
`1.
`l have applied to you for the loan evidenced by this Note to purchase certain goods, equipment and/or
`Sun DOllar Effigy LLC
`services from
`In order to
`("Contractor").
`induce you to make this loan, l represent and warrant that l will use the loan proceeds only for the purpose stated and
`only for the home improvement project at the address (the "Installation Address") set forth above.
`| further represent that
`l either own the property at the Installation Address or reside at the Installation Address which is owned by the co-
`Borrower under this Note. By signing the Payment Authorization Form bearing the same Loan Number referenced at the
`top ofthis Note. | am agreeing to the terms and conditions of this Note and | 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 AUTHORIZATION FORM MUST BE SIGNED BY BORROWER(S) AND CONTRACTOR.
`IF THE SIGNED PAYMENT AUTHORIZATION FORM IS NOT RECEIVED BY LENDER ON OR BEFORE
`, THE PAYMENT AUTHORIZATION FORM WILL BE VOID AND THIS NOTE WILL HAVE NO FORCE
`12l1011g
`AND EFFECT.
`mm \fiay" {tr-[II I"? {"t. In
`1-2000-1 Rev. 2/28/17
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`Page 1 of 5
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`Electronically Filed Date: 3/11/2023 1:18 PM Johnston County Clerk of Superior Court
`
`23CV001920-500
`
`Johnston County Clerk of Superior Court
`
`

`

`Promlse to Pay.
`2.
`I, Borrower, promise to pay U.S.
`By signing the Payment Authorization Form,
`55,000.00
`$
`(the "Principal"), plus interest, to your order according to the payment schedule above.
`Interest. Beginning on the date the loan proceeds are disbursed by Lender to Contractor and continuing until the
`3.
`amount | owe you has been paid in full,
`% per annum. This
`l will pay interest at the simple interest rate of
`6.99
`interest rate is the rate | will pay both before and after any default described in paragraph 7 of this Note.
`Interest will
`accrue daily on that part of the Principal which has not been paid.
`Payments. The payment schedule above assumes that | will pay all amounts when due. The exact amount and
`4.
`due date of the first monthly payment will appear on the initial monthly statement that you will provide to me. My monthly
`payments will be applied in the following order if l am not in default:
`interest, principal and other non-default fees and
`If l have paid late or have been otherwise in default, my monthly payments may be applied in a different order
`charges.
`at your discretion. Because interest accrues daily on the unpaid principal balance, the amount of the last payment may
`decrease or increase if l pay early or late.
`l still owe
`If, on the final scheduled payment date (the "Maturity Date"),
`amounts under this Note, l will pay those amounts in full on the Maturity Date.
`l will make my monthly payments to you
`at such location as you shall designate.
`Right To Prepay.
`5.
`l may make a full prepayment or a partial prepayment at any time without paying any penalty.
`Notwithstanding the foregoing, | understand that if l prepay more than 3 monthly payments, but do not pay my loan in
`full, my next payment due date will be moved fonNard a maximum of 3 months, and my regular monthly payments will
`recommence monthly thereafter.
`Other C
`If you have not received the f_u|l amount of my monthly payment within 10 days of the date it is
`6.
`| will pay you a late charge of $30 or in an amount equal to 5% of the unpaid amount of the payment, whichever is
`due,
`| will pay this late charge only once on any late payment. Additionally, | shall pay you a fee of $30 for any check
`greater.
`or any other form of payment l give you that is dishonored or returned to you unpaid. Any overpayment in excess of
`$1.00 shall be refunded at final payoff of the loan.
`Default.
`7.
`| will be in default if any one or more of the following should occur: any payment or any other sum is not
`paid when due; receivership or insolvency proceedings or any assignment for the benefit of creditors shall be instituted
`by or against me; | die; or, | fail to keep any promise or meet any other obligation in this Note.
`Your Remedies Upon Default.
`If this Note is in default. following any notices required by law, you may require
`8.
`including interest and other charges and fees due under this Note (and not just amounts in
`that my unpaid balance,
`default), be paid immediately.
`If this Note is 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 me required by applicable law.
`| will pay all collection costs
`and expenses, including your actual and reasonable costs'of enforcement and collection of any amount due and payable
`under this Note, to the extentpermitted by law. Such collection costs and expenses shall also include reasonable
`attorneys' fees to the extent permitted by applicable law, including any and all such fees arising due to a bankruptcy filing
`by or against me.
`9. Obligations of Persons Under Ibis Note.
`If more than one person signs the Payment Authorization Form as
`Borrower, each such person shall be fully and personally obligated to keep all promises in this Note, including the promise
`to pay the full am0unt 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 pay or change or release his or her responsibility
`without releasing any co-Borrower in the same way.
`10. Time ls of the Essence. Time is of the essence. This means that all required payments must be made on the day
`due and all other obligations must be performed on time.
`If | require additional tim'e to make a payment or perform any
`other obligation, l understand that l must obtain your approval in writing in advance for making a late payment or rendering
`any other late performance, and that you are not required to give such approval.
`Invalid Provision.
`11.
`lf any provision of this Note cannot be enforced, the rest of this Note will stay in effect.
`12. Waivers. NOTICE: THE PROVISIONS 0F THIS SECTION ARE NOT APPLICABLE TO BORROWERS WHO
`ARE COVERED BORROWERS UNDER THE MILITARY LENDING ACT (SEE MILITARY LENDING ACT
`DISCLOSURE BELOW FOR DEFINITION OF COVERED BORROWER). You may delay enforcing any of your rights
`or elect not to enforce your rights without losing any of them.
`l and any other person who has obligations under this Note
`waive the rights of presentment and notice of dishonor. "Presentment" means the right to require you to demand payment
`of amounts due. "Notice of dishonor" means the right to require you to give notice that amounts due have not been paid.
`13. Governing Law. This Note, and any claim, dispute or controversy arising out of 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, are governed by and construed in accordance with the laws of the State of Utah (without regard to internal
`principles of conflicts of law) and applicable Federal law. The legality, enforceability and interpretation of this Note and
`the amounts contracted for, charged and received under this Note will be governed by such laws. This Note is entered
`into by Lender and Borrower in Utah. Lender makes decisions about granting credit to Borrower and extending credit to
`Borrower under this Note from Utah. NOTICE: THE FOLLOWING PROVISIONS OF THIS SECTION ARE NOT
`APPLICABLE TO BORROWERS WHO ARE COVERED BORROWERS UNDER THE MILITARY LENDING ACT (SEE
`MILITARY LENDING ACT DISCLOSURE BELOW FOR DEFINITION OF COVERED BORROWER).
`Lender and
`Borrower irrevocably and unconditionally agree and consent that any arbitration, proceeding relating to or arising out of
`
`"
`
`1—2000—1 Rev. 2/28/17
`
`Page 2 of 5
`
`

`this Note (or. to the extent applicable, any suit, action or other proceeding relating to or 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, Salt
`Lake County. Lender and Borrower hereby irrevocably waive, to the fullest extent permitted by law. any objection 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 and the rules of the National Arbitration Forum,
`J.A.M.S./Endispute, or the American Arbitration Association. then these governing law and venue provisions shall
`control.
`14. Negative Credit Regorb. As required by Utah law. I am hereby notified that a negative credit report reflecting on
`my credit record may be submitted to a credit reporting agency if l fail to fulfill the terms of my credit obligation.
`15. Entire Agreement. This Note is the final expression of the credit agreement between Borrower and Lender and it
`may not be contradicted by evidence of an alleged oral agreement.
`16. Assignment. Lender may assign this Note and may do so without my permission.
`l may not assign my obligations
`under this Note.
`17. Credit Regort Authorization. Any person individually liable pursuant to this Note authorizes you or any of your
`affiliates to obtain credit bureau reports regarding such person's personal credit and make other credit inquiries that
`Lender detemiines are necessary.
`18. Contractor Not an Aggnt. l understand and acknowledge that Contractor is not an agent of Lender. that Contractor
`has no authority to act on behalf of Lender, and that Lender is not bound by anything the Contractor does or says with
`lfl have authorized Lender to have Contractor deliver this Note to me. l acknowledge that Contractor
`respect to this Note.
`is doing so only as a courier and for my convenience.
`| also understand and acknowledge that Lender. not Contractor,
`has prepared this Note and that any questions | have regarding the Note or loan process should be directed to Lender.
`Military Lending Act Disclosure:
`(a) This disclosure is applicable to all covered borrowers under the Military Lending Act. A covered borrower is a
`consumer with the following status at the time he or she becomes obligated on this Note: (i) a regular or reserve member
`of the Army, Navy, Marine Corps, Air Force, or Coast Guard sewing on active duty or under a call or order that does not
`specify a period of 30 days or fewer,
`(ii) such a member serving on Active Guard and Reserve Duty as that term is
`defined in 10 USC 101 (d)(6), or (iii) a dependent of a covered borrower as defined in subparagraph (A), (D). (E), or (l) of
`10 U.S.C. 1072(2).
`Federal
`law provides important protections to members of the Armed Forces and their dependents relating to
`(b)
`extensions ofconsumer credit. ln general, the cost of consumer credit to a member of the Armed Forces and his or her
`dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit
`transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection
`with the credit transaction; any application fee charged (other than certain application fees for specified credit
`transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card
`account).
`The information contained in the preceding paragraph and a description of the payment obligation under this Note
`(c)
`may be obtained verbally by calling the following toll-free telephone number: (866) 618-1041.
`Notice for California Residents: California law requires that Lender inform customers that should they fail to fulfill the
`terms of their credit obligation, a negative report reflecting on their credit record may be submitted to a credit reporting
`lf Borrower is married, Borrower may apply for credit in Borrower's own name.
`agency.
`Notice for Connecticut Residents: THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH
`IS SUBJECT TO THE HOME SOLICITATION SALES ACT. THIS INSTRUMENT IS NOT NEGOTIABLE.
`Notice for Florida Residents: Borrower agrees that, should Lender obtain a judgment against Borrower, a portion of
`Borrower's disposable earnings may be attached or garnished (paid to Lender by Borrower's employer), as provided by
`Florida and Federal law.
`Notice for Iowa Residents: IMPORTANT: READ BEFORE SIGNING. THE TERMS 0F THIS AGREEMENT SHOULD
`BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS
`OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.
`BORROWER MAY CHANGE THE TERMS 0F THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.
`Notice for Iowa and Kansas Residents: NOTICE TO CONSUMER: 1. Do not sign the Payment Authorization Form
`before reading it and this Note. 2. l am entitled to a copy of this Note. 3. I may prepay the unpaid balance at any time
`without penalty and may be entitled to receive a refund of unearned charges in accordance with law.
`Notice for Maine Residents: Lender may request a consumer report in connection with Borrowers application for
`credit. Borrower may ask whether a consumer report was obtained by Lender and Lender will tell Borrower the name
`and address of the consumer reporting agency, if a report was obtained.
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`Page 3 of 5
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`

`

`Notice for New Hampshire Residents: Borrower is entitled to recover reasonable attorney's fees from Lender if
`Borrower prevails in any action, suit or proceeding brought by the Lender or in an action brought by the Borrower.
`If
`Borrower successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by Lender,
`the court may withhold from the Lender the entire amount or such portion of the attorney fees as the court considers
`equitable.
`Notice for New Jersey Residents: This Note is fully enforceable with respect to New Jersey residents, except that
`collection costs will not exceed 20% of the first $500.00 of the unpaid balance of the loan, 10% of the amount over
`$500.00 up to $2,000.00, and 5% of any amount in excess of $2,000.00.
`Notice for New York Residents: Consumer reports may be requested in connection with the processing of the
`application and any resulting Note.
`If my application is granted, subsequent consumer reports may be obtained in
`connection with any update, extension or renewal of credit. Upon Borrower's request, Lender will tell Borrower whether
`or not a consumer report was requested and the names and addresses of any consumer reporting agencies that have
`provided Lender with such reports.
`Notice for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available
`to all creditworthy consumers and that credit reporting agencies 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 time 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. NOTICE TO CUSTOMER:
`(a) DO
`NOT SlGN THE PAYMENT AUTHORIZATION FORM BEFORE READING THE WRITING ON THE REVERSE SIDE
`OF THIS NOTE AND THE PAYMENT AUTHORIZATION FORM, IF ANY, EVEN IF OTHERWISE ADVISED, (b) DO
`NOT SIGN THE PAYMENT AUTHORIZATION FORM IF THIS "NOTE CONTAINS ANY BLANK SPACES,
`(c)
`BORROWER IS ENTITLED TO AN EXAC'i'COPY OF ANY AGREEMENT SIGNED BY BORROWER, (d) BORROWER
`HAS THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS NOTE AND MAY
`BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE.
`NOTICE: THE FOLLOWING ARBITRATION AND WAIVER OF THE RIGHT TO A JURY TRIAL PROVISION IS
`NOT APPLICABLE TO BORROWERS WHO ARE COVERED BORROWERS UNDER THE MILITARY LENDING
`ACT OR RESIDENTS OF THE DISTRICT OF COLUMBIA.
`ARBITRATION: 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, orthe 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 if l fail to select an arbitrator or we can not agree upon an arbitrator. Any arbitration
`under this provision shall be conducted according to the rules of either the National Arbitration Forum.
`| have the right to select which of these arbitration
`J.A.M.S./Endispute, or the American Arbitration Association.
`forums to use; but if l do not make a timely selection. 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.
`Judgment upon the award rendered may be entered in any court having jurisdiction. The parties
`Section 1, et seq.
`agree and understand that they choose 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 TO ARBITRATION UNDER THIS CLAUSE OR
`PURSUANT T0 A COURT ACTION BY YOU (AS PROVIDED HEREIN). The parties agree and understand that
`all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract. tort,
`and property disputes. will be subject to binding arbitration in accord with this Note. The parties agree and
`understand that the arbitrator shall have all powers 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 injunctive
`relief. The institution and maintenance of any action forjudicial relief in a court to obtain a monetary judgment or to
`enforce this Note, shall not constitute a waiver of the right of any party to compel arbitration regarding any dispute
`or remedy subject to arbitration in this Note.
`
`1—2000-1 Rev. 2/28/17
`
`Page 4 of 5
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`

`ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO 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, INVE, THE ABOVE-NAMED BORROWER(S), ACKNOWLEDGE THAT IIWE HAVE READ
`AND UNDERSTAND ALL TERMS AND CONDITIONS OF THIS CONSUMER NOTE & DISCLOSURE STATEMENT,
`INCLUDING THE ARBITRATION CLAUSE, AND INVE 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 PAYMENTAUTHORIZA TION- FORM AFTER
`PROJECT IS SATISFACTORILY COMPLETED.
`
`1—2000-1 Rev. 2/28/17
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`Page 5 of 5
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`

`

`El
`
`161
`America's home improvement lender of choice
`
`.BaHkUSAO
`
`1245 Brickyard Rd 1 Suite 600
`Salt Lake City, UT 84106
`enerbank. com
`
`LOAN NUMBERz'617
`NOT VALID AFTER: December 10, 2019
`
`PAYMENT AUTHORIZATION FORM
`LOAN AMOUNT: $55,000.00
`DATE: November 22, 2019
`BY SIGNING BELOW, INVE [THE BORROWER(S)]:
`1. Acknowledge receipt of the Consumer Note & DiSCIOSure Statement (the "Note") bearing the
`same loan number referenced at the top of this form for my loan with EnerBank USA and agree
`to be legally bound by the terms and conditions of the Note.
`2. Acknowledge receipt of the EnerBank USA Privacy Notice.
`3. 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.
`4. Represent and warrant that the loan proceeds will be used only as set forth in the Note.
`Instruct EnerBank USA to disburse to Contractor the proceeds of this loan in the amount of
`5.
`Fifty Five Thousand Dollars & Zero Cents.
`
`THE NOTE IS INCORPORATED HEREIN BY REFERENCE IN ITS ENTIRETY. CAUTION — IT IS IMPORTANT
`THAT YOU THOROUGHLY READ THE NOTE BEFORE YOU SIGN THIS PAYMENT AUTHORIZATION FORM.
`———
`
`724mg f/m/ir
`
`Thomas fieming
`
`Borrower
`
`11/25/2019
`
`Date
`
`————
`flue? MWKOI——_—
`Anne Newton
`
`Borrower
`
`11/25/2019
`
`Date
`AUTHORIZATION NUMBER:—
`BY SIGNING BELOW, CONTRACTOR REPRESENTS AND WARRANTS TO ENERBANK USA:
`1. Contractor has delivered all equipment. goods and/or sen/ices and completed any installation
`included in the contract to the satisfaction of the Borrower(s).
`2. Contractor has positively identified each Borrower whose signature appears above.
`3. This Payment Authorization Form has been signed by a duly authorized representative of
`
`Contractor.— 1 1/25/2019
`
`($744 045% 50%; [[67 -42
`Sun Dollar Energy LLC
`
`6.99% 20—Yr Loan
`
`1—3000-1 Rev. 2/28/17
`
`Contractor
`
`Date
`
`

`

`J_C/Rczaoo10/cz49
`NORTH CAROLINA
`
`JOHNSTON COUNTY
`
`REGIONS BANK AS SUCCESSOR BY
`MERGER TO ENERBANK USA
`Plaintiff
`
`vs.
`
`THOMAS FLEMING
`ANNE NEWTON
`Defendants
`
`IN THE GENERAL COURT OF JUSTICE
`
`DISTRICT COURT DIVISION
`
`FILE NO.
`
`AFFIDAVIT OF CLAIM
`
`The undersigned, being duly sworn. states
`.I am employed in the capacity of
`SUCCESSOR BY MERGER TO ENERBANK SA Plaintiff In this action.
`
`e following:
`
`1
`
`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 THOMAS FLEMING and ANNE
`NEWTON has a balance due in the amount of $54,816.17. plus accumulated interest in the amount of
`$8,748.84, as of February 1, 2023.
`
`4. To the best of my knowledge and belief. THOMAS FLEMING and ANNE NEWTON are citizens and
`residents of Johnston County, North Carolina and are neither infants nor incompetents
`
`5. That the above statements are
`
`to
`
`b
`
`my kqbwtpdge and belief
`
`iant
`
`Sworn to and subs ribed befor met ' 1 day of
`
`Prinfed Name of Affiant
`
`FQbmq N
`
`.2023.
`
`Notafv Public
`MISSION exmr
`My
`
`OBIUQIZO
`
`.,
`
`JENNIFER BLAYLOCK
`(a NOTARYPUBLIC sTATEOF UTAH
`My Comm. Exp 08/05/2023
`Commission # 707396
`
`I?"
`
`l'.
`
`7
`
`_
`
`'1
`
`ILL?
`
`

`

`fififlmmflfiééé
`
`THOMAS FLEMING
`ANNE NEWTON
`1150 NEWPORT COMMON DR APT 108
`
`KNIGHTDALE,NC 27545 -
`
`_
`
`-517
`
`HOME IMPROVEMENT lOAN SUMMARY
`DEC 6 2021
`Statement Date
`Loan Number
`NOV 26, 2019
`Loan Start Date
`Principal Balance'
`$54,816.17
`Mares! Rate
`6.99%
`$426.09
`Regular Monthly Payment
`"This Is not a payofi' amuunL For a plyafl muuunl mind Cum-nut Sanka.
`HOME IMPROVEMENT lOAN PAYMENT SUMMARY
`$426.09
`Munlhly Payment
`Unpaid Fees 8. Charges
`$259.09
`Past Due Amount
`$1,704.36
`Total Amount Due
`$2,399.54
`IMMEDIATE!
`Payment Due Date
`' a $30.00 In. charge.
`is notmilled within 10 doysfmm your due duct,
`W0
`F
`w!figment
`
`CALL US
`1-866'644-3662
`
`EMAIL US
`bankcom f edba
`
`PAY ONLINE
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`Please contact the, GQIl"e;t_:fti.ousabepartment at-1j-888-32z1fi'6390'.
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`THOMAS FLEMING
`ANNE NEWTON
`1150 NEWPORT COMMON DR APT 108
`KNIGHTDALE,NC 27545
`
`Keep uppur portion for your NEWS
`DETACH ANI RETURN BOTTOM PORTION WITH YOUR PAYMENT
`
`-6617
`
`[can Number
`$426.09
`Monthly Payment
`unpaid Fees a. charm
`32:69.09
`Past Due Amount
`$1,794.35
`Total Amount Due
`$2,399.54
`Payment Due Dale
`IMMEDIATELY
`(1'yourpayment [5 no! rewind MIMI! 10 daysfiom your due dam
`you will be mud o $30.00 lot: chant.
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`Check here If 'you!
`address has changed,
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`EnerBanK USA
`PO BOX-26856
`Salt Lake City, UT'S84126-0856
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REGIONS BANK AS SUCCESSOR BY MERGER TO ENERBANK USA VS THOMAS FLEMING; ANNE NEWTON, 23CV001920-500,  9428254 (North Carolina St., Johnston Co., District Ct. Mar. 13, 2023) (2024)

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