IN THE DISTRICT COURT OF MARSHALL COUNTY
STATE OF OKLAHOMA
NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING,
Plaintiff,
v.
DANIEL KNIPPING
Defendant(s).
Case No. CJ-26-11
FILED
ANGELA MALDONADO
FEB 9 2026
TIME ________
COURT CLERK OF MARSHALL COUNTY
BY ________________ DEPUTY
PETITION
Plaintiff, NewRez LLC dba Shellpoint Mortgage Servicing ("Plaintiff"), sue Defendant, DANIEL KNIPPING, and alleges:
1. Plaintiff is and at all times relevant hereto, a duly organized and existing corporation authorized to transact business within the state of Oklahoma.
2. Defendant, DANIEL KNIPPING, is a resident of Marshall County, OK.
3. On or about January 26, 2022, Defendant DANIEL KNIPPING ("Defendants") executed and delivered a Contract (the "Contract"), a copy being attached hereto as Exhibit “A”, to Goldman Sachs Bank USA, the Original Lender, in the amount of $20,000.00 with interest at the rate of 11.99% per annum.
4. Plaintiff is the holder of the Contract and has the right to enforce the Contract. See copy of the assignment attached hereto as Exhibit “B”.
5. The Defendant has failed to pay the payment due on the Contract on or about August 26, 2024 and Plaintiff has elected to accelerate payment of the balance.
6. Defendant has defaulted under the terms of the Contract on or about August 26, 2024 and has remained in default. Although due demand has been made, defendants have wholly failed, refused and neglect to pay the amount owed to the Plaintiff. As of November
30, 2024, after applying credit to all payment made by defendants there remains a balance due of $12,275.85 plus other costs and charges authorized by the Contract.
7. All conditions precedent to the institution of this action have either occurred, been performed or have been waived.
8. As a result of Defendant's nonpayment, Plaintiff has sustained damages.
9. The Plaintiff has retained the undersigned law firm to represent it in this action and has agreed to pay them a reasonable fee for their services rendered, which fee the Plaintiff is entitled to recover against the Defendant due to the terms of the Contract.
WHEREFORE, Plaintiff prays that it recover a judgment against the Defendant, DANIEL KNIPPING, in the sum of $12,275.85 plus costs, attorney's fees and any other charges that the Plaintiff may be entitled to under the Contract for such other and further relief as the court deems just and proper.
Respectfully Submitted,
LOGS LEGAL GROUP LLP
Kirk J. Cejda #12241
Lesli Peterson #14177
Qhaurium Douglas #33009
William Pace #31180
770 NE 63rd St.
Oklahoma City, OK 73105-6431
Phone (405) 848-1819
Fax (405) 848-2009
[email protected]
[email protected]
[email protected]
[email protected]
Attorney for Plaintiff
EXHIBIT A
INSTALLMENT LOAN AGREEMENT
READ THIS ENTIRE AGREEMENT (INCLUDING ANY APPENDICES) CLOSELY BEFORE SIGNING. IT CONTAINS IMPORTANT DISCLOSURES AND THE TERMS OF YOUR LOAN. FOR EXAMPLE: (1) THE FEDERAL TRUTH IN LENDING DISCLOSURE APPEARS BELOW; AND (2) SECTION 2 PROVIDES IMPORTANT DETAILS ABOUT PAYMENTS AND HOW CERTAIN PRODUCT FEATURES WORK.
SECTION 18 REQUIRES CLAIMS TO BE ARBITRATED AND FORBIDS CLASS ACTIONS UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) EXERCISE YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION 18(f) BY PHONE OR MAIL (WE MUST RECEIVE YOUR REJECTION WITHIN 90 DAYS AFTER YOUR LOAN AGREEMENT DATE).
Lender:
Goldman Sachs Bank USA, Salt Lake City Branch
Salt Lake City, Utah
Borrower:
Daniel Knipping
813 Barbour Ave,
NORMAN, OK 73069
Loan Agreement Date: 2022-01-26
FEDERAL TRUTH IN LENDING DISCLOSURES
<table>
<tr>
<th>ANNUAL PERCENTAGE RATE</th>
<th>FINANCE CHARGE (e)</th>
<th>AMOUNT FINANCED</th>
<th>TOTAL OF PAYMENTS (e)</th>
</tr>
<tr>
<td>The cost of your credit as a yearly rate<br>11.99%</td>
<td>The dollar amount the credit will cost you<br>$6,678.25</td>
<td>The amount of credit provided to you or on your behalf<br>$20,000.00</td>
<td>The amount you will have paid after you have made all scheduled payments<br>$26,678.25</td>
</tr>
</table>
Your payment schedule will be ("Payment Schedule"):
<table>
<tr>
<th>Number of Payments</th>
<th>Amount of Payments</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td>59</td>
<td>$444.78</td>
<td rowspan="2">Monthly beginning on the date that is one month after your Loan Agreement Date.</td>
</tr>
<tr>
<td>1</td>
<td>$436.23 (e)</td>
</tr>
</table>
Prepayment: If you pay all or part of this loan early, you will not have to pay a penalty.
See the rest of this Installment Loan Agreement for any additional information about nonpayment, default and any required repayment in full before the scheduled date.
------------------
(e) means estimated.
Itemization of Amount Financed (e)
$2,000.00 is being disbursed to you directly.
$13,000.00 is being disbursed to your account ending in 5826 with Chase Bank.
$5,000.00 is being disbursed to your account ending in 2206 with Chase Bank.
[YOUR INSTALLMENT LOAN AGREEMENT CONTINUES ON THE NEXT PAGE]
As used in this Agreement, “you” and “your” mean the borrower listed above and “us,” “we” and “our” mean Goldman Sachs Bank USA and any of our successors, assigns, agents and service providers.
1. Agreement to Pay.
a. General
By signing below, you agree to the terms of this Installment Loan Agreement, and any Appendices (“Agreement”). You agree to pay to us the Amount Financed shown on the first page of this Agreement (your “Amount Financed”) together with interest, which accrues daily on the outstanding principal balance using an annual interest rate of 11.99% (together referred to as the “Loan”). Because this is a daily simple interest Loan, interest accrues every day on the principal balance that is outstanding. To the extent permitted by applicable law, interest will continue to accrue after maturity or acceleration of this Agreement (and after any judgment) every day until you pay in full all amounts due under this Agreement.
b. Disbursement
1. If we are unable to disburse the entire Amount Financed to the account(s) provided, we may declare this Loan void. If we declare this Loan void, we will inform you.
2. If we are unable to disburse a portion of the Amount Financed, you authorize us, at our option, to either:
(i). disburse that portion of the Amount Financed to any account that you provided to us for disbursement purposes; or
(ii). reduce the Amount Financed by the amount that we are unable to disburse to you and recalculate your payments over the loan term selected during the application process. If we reduce the Amount Financed, we will notify you and provide you with revised Federal Truth in Lending Disclosures.
For example, if you take out a 48 month loan for $16,000 and you direct us to disburse $5,000 to a credit card and $11,000 to a bank account and we are unable to disburse the $5,000 to the credit card, we may either: (i) disburse the $5,000 to the bank account; or (ii) reduce your loan amount to $11,000 and recalculate the monthly payment amount of the $11,000 loan over 48 months.
2. Payments.
a. General.
1. Scheduled amounts due under this Agreement are payable as follows: (i) 59 equal monthly payments of $444.78 (each, a “Monthly Payment”); and (ii) a single final payment of the remaining amount due under this Agreement (“Final Payment”). Your Final Payment will be due one month after the due date of your last Monthly Payment. The date that your Final Payment is due is your maturity date.
2. If you pay late, pay less than your amount due or miss a payment, you will pay more interest and your Final Payment will be larger as a result. In addition, failure to make payments in full and on time may result in an event of default under Section 5 of this Agreement.
3. If you pay early or you pay more than your amount due, you will pay less interest and your Final Payment will be reduced as a result.
4. See Sections 2(b) and 2(g) for details about how we apply certain early, partial or missed payments and how that impacts your monthly amount due.
5. Except as discussed below in Section 2(g), payments will be applied first to accrued and unpaid interest and then to your outstanding principal balance.
6. Payments that we receive at or before 5:00p.m. ET will be credited to your Loan as of that day. Payments that we receive after 5:00p.m. ET will be credited to your Loan on the next day. We reserve the right to
7. For purposes of this Agreement, you “make” a payment or a payment is deemed “made” only when we have received it and credited it to your Loan.
b. Monthly Amount Due.
Your monthly amount due consists of your Monthly Payment (or, when applicable, your Final Payment) plus any past due amount from any prior monthly payment period(s) ("Monthly Amount Due").
1. Partial or Missed Payments. If you fail to make a payment or make a partial payment, all past due amounts will be included in your Monthly Amount Due on your upcoming due date.
2. Payment Period. You must make your Monthly Payment (or, when applicable, your Final Payment) each month during your Payment Period. "Payment Period" is defined as: (i) the period that begins on the day that you sign this Loan Agreement and ends at 5:00 p.m. ET on your first payment due date; and after that, (ii) the period that begins immediately after the previous payment period closes and ends at 5:00 p.m. ET on your upcoming due date. If you pay more than your Monthly Payment in any Payment Period, the excess amount will not be applied to any subsequent payments.
For example, if your due date is the 20th of each month, your April Payment Period will begin immediately after 5:00 p.m. ET on March 20 and end at 5:00 p.m. ET on April 20. Any payment that you make during this Payment Period will be applied first to any past due balances and then to your April Monthly Payment. This payment will be applied to interest and principal in accordance with Section 2(a)(5) above.
c. Due Dates.
If your due date is on the 29th, 30th or 31st and the month does not have those days, your payment will be due on the last day of the month.
d. Due Date Changes.
1. You may change your due date up to three times during the life of your Loan.
2. This feature will not be available while you have any past due amounts outstanding or during any payment deferral.
3. If you are signing this Agreement online, you may change your first due date as part of the initial online Loan setup process.
4. Except as described in Section 2(d)(3) above, you will not be able to request changes to your due date until after your first due date.
5. You may not change your due date during your final monthly payment period.
6. In many cases, your due date change will not apply to your upcoming due date. In these situations, you will need to make your upcoming payment on your previously scheduled due date. When you request a due date change, we will tell you when the change will take effect.
e. Payment Deferral.
1. If your Loan is repayable over more than 12 months, the payment deferral benefit allows qualifying borrowers to defer a Monthly Payment for one month (a “Payment Deferral”). To qualify: (i) you must make at least 12 consecutive Monthly Payments prior to any Payment Deferral; and (ii) at the time that you request a Payment Deferral, you must have made all of your prior Monthly Payments in full and on time.
2. If you ever fail to make a Monthly Payment in full and on time, you will not qualify for a Payment Deferral (even if you previously made more than 12 Monthly Payments in full and on time).
For example, if you made your first 15 Monthly Payments in full and on time and then made your 16th
Monthly Payment 1 day after your due date, you will not qualify for a Payment Deferral.
3. Each time that you use a Payment Deferral, you can qualify for another one if (i) you make at least 12 additional Monthly Payments after using your prior Payment Deferral and (ii) at the time that you request your new Payment Deferral, all of your prior Monthly Payments have been made in full and on time.
4. Payment Deferrals do not accumulate. That means that, once you qualify for a Payment Deferral, you will not qualify for another one until you use that Payment Deferral and meet the requirements set forth in Section 2(e)(3) above again.
5. To use a Payment Deferral, you must call 844-627-2872 (toll free) prior to 5:00p.m. ET on the day that is 16 days before the Monthly Payment due date that you want to defer or, if the day described in the previous clause is not a Business Day (as defined below), 5:00p.m. ET on the previous Business Day. Our business days are Monday through Friday, excluding federal holidays ("Business Days"). At any time during your Loan term, at our sole discretion, we may elect to change the date by which you must call us to use a Payment Deferral. If we change this date, we will not increase the advance notice required to use a Payment Deferral. We will notify you in writing (for example, through a notice in your monthly statement) if we elect to make this change.
6. When you use a Payment Deferral, we will:
■ waive the interest that would otherwise have accrued during the month that your payment was deferred; and
■ extend your Loan term by one month (interest will accrue during this month).
7. Your obligation to make payments will resume with the Monthly Payment after your deferral.
For example, assume the due date for your 14th Monthly Payment is March 23rd and you make a Payment Deferral request on March 1st. If you have made all of your previous Monthly Payments in full and on time:
■ your next Monthly Payment will be due on April 23rd;
■ we will waive interest for one month;
■ we will extend your Loan term for one month; and
■ your Final Payment that was originally due on December 23rd will now be due on January 23rd (interest will accrue during this month).
f. Making Payments.
1. Payment must be made to us at an address or through a manner that we designate.
2. We will only accept payments drawn on a bank account or credit union member share account maintained in the U.S. or U.S. money orders.
3. All payments must be payable in U.S. dollars.
4. You must not make payments using cash or coin.
5. You must include your Loan number on any payment submitted by mail or payment that you initiate from your bank. Failing to include a loan number may delay or prevent the crediting of your payment.
g. Applying Payments.
1. If you submit a payment and have more than one outstanding loan, we will apply your payment in the following order:
(i). If you include a loan number, we will apply your payment to that loan.
(ii). If you do not include a loan number, but your payment amount matches the Monthly Amount
(iii). If we are unable to apply your payment using the above rules, we will apply your payment in the following order:
(1). To past due amounts.
(2). To currently due monthly payments.
(3). To accrued and unpaid interest.
(4). To outstanding principal balances.
(iv). If you have multiple loans with balances in the categories listed in (iii) above and different interest rates, we will apply payments to the highest interest rate balances first, and then to lower interest rate balances in descending order.
(v). If you have multiple loans with balances in the categories listed in (iii) above with the same interest rates, payments will be applied in chronological order beginning with the loan with the earlier loan agreement date.
Examples: Assume that a borrower has the two loans listed below:
• Loan one: $350 monthly payment; 6.99% interest rate; due date of March 5
• Loan two: $450 monthly payment; 8.99% interest rate; due date of March 21
Example 1: Borrower pays us $500 on March 3 and does not include a loan number. We will apply $450 to loan two (because the interest rate is higher for that loan) and $50 to loan one. If the borrower does not pay the remainder of her loan one Monthly Amount Due (in this case, $300) by March 5, the borrower will be past due.
Example 2: For this example, assume (i) loan one is past due; and (ii) the Monthly Amount Due for loan one is $415 ($350 monthly payment plus a past due amount of $65). The borrower makes a $415 payment on March 21 and does not include a loan number. We will apply the $415 payment to loan one because the $415 payment matches the Monthly Amount Due for loan one.
Example 3: For this example, assume (i) loan one is past due; and (ii) the Monthly Amount Due for loan one is $415 ($350 monthly payment plus a past due amount of $65). The borrower makes a $400 payment on March 15 and does not include a loan number. We will apply $65 of the payment to loan one to satisfy the past due amount. Then, we will apply the remaining $335 to the Monthly Amount Due for loan two (because the interest rate is higher for that loan).
h. Electronic Funds Transfer ("EFT") Payments.
We offer you the option to make payments by EFT. EFT services involve us initiating one or more electronic debits from a deposit account that you specify. While you are not required to use EFT services that we provide, by signing this Agreement, you agree that the EFT Authorization that is attached as Appendix A applies to any EFT service that you use.
i. Permission to Convert Checks to EFTs.
When you make a payment by check, you authorize us either to (1) use information from your check to make a one-time EFT from your account or (2) process the payment as a check transaction.
3. Prepayment.
You may prepay your Loan in full or in part at any time without penalty. You may prepay your Loan in full by paying all outstanding principal plus accrued and unpaid interest as of the date of your prepayment.
4. Use of Proceeds.
You agree that you will not use any Loan proceeds for any illegal purposes or for any student loan purposes, which
includes using Loan proceeds to refinance an existing student loan or to pay for education-related expenses. Examples of education-related expenses include tuition and fees, books, supplies, miscellaneous personal expenses, room and board. You agree that you will not transfer or pay any Loan proceeds to a Goldman Sachs entity other than Goldman Sachs Bank USA (for example, to invest in funds managed by a Goldman Sachs entity) without our prior written consent. You understand that we may decline to consent for any reason. If you would like to verify if an entity is a Goldman Sachs entity, please write us at the Notice Address in Section 10 or call us at 844-627-2872 (toll-free).
5. Default.
Subject to applicable law, the following are events of default under this Agreement:
a. You fail to make any payment in full, in accordance with this Agreement, within 30 days after a due date (for example, a payment is returned unpaid and you fail to make that payment within 30 days after its due date);
b. Any bankruptcy, receivership or insolvency proceeding is started by or against you, or you make any general assignment for the benefit of creditors;
c. You fail to meet any other obligation in this Agreement; or
d. Any representation or information that you have made or provided to us, either in your application or in connection with this Agreement, is materially inaccurate or incomplete.
6. Our Remedies.
If an event of default occurs, you die or you are declared legally incompetent, subject to applicable law (including any notice or right to cure):
a. We may declare the entire amount of this Loan (including the outstanding principal balance and accrued and unpaid interest) immediately due and payable; and/or
b. We may exercise any other right available under applicable law.
7. Waivers.
a. We may accept late or partial payments without giving up any of our rights. We may also delay enforcing any of our rights without giving them up. We do not have to: (i) give notice that amounts due have not been paid ("notice of dishonor"); (ii) demand payment of amounts due ("presentment"); or (iii) obtain an official certification of nonpayment ("protest"). You waive notice of dishonor, presentment and protest. If you default, we may require you to pay immediately, in full, even if we have not done so in the past or you are not currently in default. No matter how many times we do not enforce our rights or delay enforcing them, we still preserve all of our rights and do not waive them.
b. To the fullest extent permitted by applicable law, no extension of time for payment of any part of the Loan, and no alteration, amendment or waiver of any provision of this Agreement or any other document or agreement relating to the Loan or this Agreement, shall release, modify, amend, waive, extend, change, discharge, terminate or affect your unconditional liability, except to the extent explicitly agreed pursuant to Section 13.
8. Applicable Loan Charge Maximums Will Be Observed.
If any law applicable to this Agreement or the Loan is finally interpreted so that any amount collected or to be collected in connection with the Loan or this Agreement exceeds the amount permitted by law or this Agreement, then: (a) any such amount shall be reduced to the extent necessary to be in compliance with the maximum permitted amount; and (b) any amount already collected, to the extent such amount would otherwise exceed the permitted amount, will be refunded to you. We may choose to make this refund by reducing the Loan and/or by making a direct payment to you.
9. Severability.
The unenforceability of any provision of this Agreement shall not affect the enforceability or validity of any other provision, except as set forth in Section 18(g).
10. Notices; Updating Information.
All notices to us must be sent to P.O. Box 45400, Salt Lake City, UT 84145-0400 ("Notice Address") in accordance with this Agreement. We may change the Notice Address or any phone numbers contained in this Agreement at any time by providing you with written notice. To the extent permitted under applicable law, any notice that you send to us will not be effective until we receive it and have had a reasonable opportunity to act on such notice. Notices that we send to you (including by email or other electronic transmission) may be delivered to any address we maintain for you in our records. Any notice that we send to you will be effective and deemed delivered when sent. You must notify us of any changes to your name, mailing or email address or phone number within 15 days of the change in writing at the Notice Address or through another method that we provide.
11. Assignment.
You may not assign any of your rights or obligations under this Agreement without our prior written permission. We are not required to give any such permission. We may assign this Agreement or any of our rights or obligations under this Agreement (including any of our rights with respect to personal information held by us in connection with this Agreement) in whole or in part at any time without your permission. Unless prohibited by applicable law, we may exercise our rights under the previous sentence without telling you. Your rights and obligations under this Agreement apply to all of your successors and permitted assigns, if any. Our rights and obligations under this Agreement apply to us and each of our successors and assigns.
12. Governing Law.
a. This Agreement is entered into between you and us in the State of Utah and the Loan is made in Utah. Except as provided in Section 12(b) below, this Agreement shall be governed by and construed in accordance with federal law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of law. Additionally, if you are a Maryland resident as of the Loan Agreement Date, as evidenced by your address on the first page of this Agreement, to the extent, if any, that Maryland law applies to this Agreement and is not preempted by federal law, we elect to make the Loan under Subtitle 10 (Credit Grantor Closed End Credit Provisions) of Title 12 of the Maryland Commercial Law Article.
b. If you are a New York resident as of the Loan Agreement Date, as evidenced by your address on the first page of this Agreement, this Agreement shall be governed by and construed in accordance with federal law and the laws of the State of New York, including New York law relating to limits on interest (for example, usury), without regard to rules concerning conflicts of law or choice of law. If you later become a New York resident during the term of the Loan Agreement, the laws of the State of New York, excluding New York law relating to limits on interest (for example, usury), will apply to a claim or defense that you assert if the facts and circumstances giving rise to such claim or defense occurred in whole or in part in New York while you were a New York resident.
13. Amendment.
Except as otherwise provided herein, this Agreement may not be amended, modified or limited except by a written agreement.
14. Contacting You; Telephone, Text Messages and Other Methods of Communication.
a. You agree that we may contact you using any kind of telecommunications technology. This includes contacting you by automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, automated email systems or other systems. You agree that we may contact you about upcoming due dates, missed or returned payments, or for any other non-telemarketing reason. You agree that we may use any telephone numbers (including wireless, landline and voice over IP numbers) or email addresses that you give to us, from which you call us or at which we believe we can reach you. You understand and agree that anyone with access to your telephone or email account may listen to or read the messages that we leave or send to you. You agree that we will not be liable for anyone accessing those messages. You agree that we will not be liable for any charges that you incur in connection with text messages, emails or other communications that we send to you.
b. You agree to notify us immediately if you change telephone numbers or are no longer the subscriber or usual user of a telephone number that you give to us. You agree that we may monitor and record your telephone calls and other communications with us. To withdraw your consent to receive text messages and calls to your cell
15. Credit Bureaus.
a. General.
YOU AGREE THAT WE MAY REPORT INFORMATION ABOUT YOUR LOAN TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR LOAN MAY BE REFLECTED IN YOUR CREDIT REPORT.
b. Disputes.
If you believe we have reported inaccurate information about you or your Loan to a credit bureau, call us at 844-627-2872 (toll-free) or send a written notice to the Notice Address in Section 10, Attention: Credit Bureau Disputes.
16. Bankruptcy.
You agree that you are not a debtor under any proceeding in bankruptcy, insolvency or similar proceeding, have no current intention of filing a petition for relief under the United States Bankruptcy Code and have not consulted an attorney regarding a potential bankruptcy filing within the past 6 months. Any communication with us required or permitted under the United States Bankruptcy Code must be in writing and must be sent to us at the Notice Address in Section 10, Attn: Bankruptcy Notice.
17. Non-Negotiable Instrument.
This Agreement is not a negotiable instrument.
18. Dispute Resolution; Agreement to Arbitrate; Class Action Waiver
This Section 18 does not apply to service members and their dependents who are entitled to protection under the Military Lending Act (10 U.S.C. § 987). If you would like more information about whether you are entitled to protection under the Military Lending Act and whether this section applies to you, please call us at 844-627-2872 (toll-free).
Many customer concerns can be resolved by calling us at 844-627-2872 (toll-free) or writing us at the Notice Address in Section 10. If a dispute cannot be resolved informally, this Section 18 explains how claims (whether by or against you or us) will be resolved.
IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. YOU MAY EXERCISE YOUR RIGHT TO REJECT ARBITRATION IN THE MANNER, AND WITHIN THE TIME, SPECIFIED IN SECTION 18(f).
a. Definitions.
For purposes of this Section 18, “Claim” means any current or future claim, dispute or controversy relating in any way to this Agreement or the Loan or the relationship between you and us, except for the validity, enforceability or scope of the arbitration provision set forth in Section 18(d) below. “Claim” includes: (i) initial claims, counterclaims, crossclaims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (iii) claims by or against any third party using or providing any product, service or benefit in connection with this Agreement or the Loan; and (iv) claims that arise from or relate to (A) this Agreement, (B) the Loan, or any balances on the Loan, (C) advertisements, promotions or statements related to
b. Claim Notices.
Before beginning a lawsuit, mediation or arbitration, you and we agree to send a notice (a “Claim Notice”) to each party against whom a Claim is asserted. The Claim Notice will give you and us a chance to resolve our dispute informally or in mediation. The Claim Notice must describe the Claim and state the specific relief demanded. Notice to you may be sent to your billing address or emailed to you. Our sending a billing statement to you, or sending you any other communication advising you that you are delinquent, also constitutes a Claim Notice. You must provide your name, address and phone number in your Claim Notice. Your Claim Notice must be sent to the Notice Address in Section 10.
c. Mediation.
In mediation, a neutral mediator helps parties resolve a Claim. The mediator does not decide the Claim but helps parties reach agreement. Before beginning mediation, you or we must first send a Claim Notice. Within 30 days after sending or receiving a Claim Notice, you or we may submit the Claim to JAMS (1-800-352-5267, jamsadr.com) or AAA (1-800-778-7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a Claim to mediation will not affect your or our right to elect arbitration.
d. Arbitration.
You or we may elect to resolve any Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims will be decided by one neutral arbitrator who will be a retired judicial officer or an attorney with at least ten years of experience; however, if we both agree, we may select another person with different qualifications.
Before beginning arbitration, you or we must first send a Claim Notice. The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, if we choose one of those two organizations, you may choose the other organization instead if you inform us of that choice within 30 days after we elect arbitration. Claims will be resolved pursuant to this Section and the selected organization’s rules in effect when the Claim is filed, except where those rules conflict with this Section. If the rules conflict, the terms of this Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization, if you and we agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).
We will not elect arbitration for any Claim you file in small claims court, so long as the Claim is an individual Claim and pending only in that court. You or we may otherwise elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this arbitration provision, including the right to arbitrate a Claim, without waiving the right to exercise or enforce those rights. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration of a Claim made by a new party or any new Claim later asserted by a party in that or any related or unrelated lawsuit. You or we also may elect arbitration of a Claim that the parties initially opted to litigate in court if that Claim is later modified (including to be asserted on a class, representative or multi-party basis or to seek different or additional relief).
This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the limitations of this Section 18, the arbitrator may award any relief available in an individual action in court. Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. The arbitration will be confidential, but you may notify any government authority of your Claim. Judgment upon any arbitration award may be entered in any court having jurisdiction. Arbitration hearings will take place in Salt Lake County, Utah or, upon your request, in the federal judicial district where you reside. We will pay any fees charged by JAMS or AAA in connection with any Claims.
e. Additional Arbitration Award; Attorneys' Fees.
If we make a final written settlement offer before the arbitrator is selected and the arbitrator rules in your favor for an amount greater than that final offer, or if we do not make a final written settlement offer before the arbitrator is selected and the arbitrator rules in your favor on the merits of your Claim, the arbitrator's award will include: (i) any money to which you are entitled, but in no case less than $10,000; (ii) twice the amount of your reasonable attorneys’ fees, or the amount of attorneys’ fees to which you are entitled under applicable law, whichever is greater; and (iii) your costs and expert and other witness fees. If we prevail in arbitration, we will not be entitled to recover our attorneys’ fees even when permitted to do so under applicable law.
f. Arbitration Opt-Out; Your Right to Reject Arbitration.
YOU MAY REJECT THIS ARBITRATION PROVISION BY CALLING US AT 844-627-2872 (TOLL-FREE), OR WRITING US AT THE NOTICE ADDRESS IN SECTION 10 AND STATING THE FOLLOWING IN YOUR NOTICE (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR PHONE NUMBER AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION 18(f) OF YOUR AGREEMENT (A “REJECTION NOTICE”). YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 90 DAYS AFTER YOUR LOAN AGREEMENT DATE. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THE ARBITRATION PROVISION IN SECTION 18(d) WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS SECTION 18 OR THIS AGREEMENT.
g. Class Action Waiver and Other Limitations on Arbitration.
IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER BORROWERS OR OTHER PERSONS. THE ARBITRATOR MAY NOT AWARD ANY DECLARATORY, INJUNCTIVE OR OTHER RELIEF FOR THE BENEFIT OF THE GENERAL PUBLIC, OTHER BORROWERS OR OTHER PERSONS. The arbitrator’s authority is limited to Claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. Any arbitration award shall be confidential, and any judgment confirming it will apply only to the specific case or proceeding and cannot be used in any other case or proceeding except to enforce the award. No determination by the arbitrator may be used in any other case or proceeding except a case or proceeding between you and us. Despite any other provision and without waiving the right to appeal such decision, if any portion of this Section 18(g) is deemed invalid or unenforceable as to a particular claim or remedy, then: (i) the entire arbitration provision set forth in Section 18(d) will not apply to that claim or remedy; and (ii) no determination by the arbitrator shall be considered by the court with respect to that claim or remedy.
h. Survival and Severability of Dispute Resolution Provision.
This Section 18 will survive payment of all amounts due pursuant to this Agreement, termination of the account, voiding of the Loan, any legal proceeding to collect the Loan, any bankruptcy and any sale of this Agreement, your Loan or any and all rights thereunder. In the case of a sale of this Agreement, your Loan or any and all rights thereunder, the buyer will be bound by and may enforce the terms of this Section 18. If any portion of this Section 18 is deemed invalid or unenforceable, it will not invalidate the remaining provisions of this Section 18 or of this Agreement (except as set forth in Section 18(g)).
19. Military Lending Act.
The Military Lending Act provides protections for certain members of the Armed Forces and their dependents ("Covered Borrowers"). If you would like more information about whether you are a Covered Borrower and whether this section applies to you, please call us at 844-627-2872 (toll-free).
a. Statement of MAPR.
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for credit-related ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
b. Oral Disclosures.
Before signing this Agreement, in order to hear important disclosures and payment information about this Agreement, please call us at 844-627-2872 (toll-free).
20. Privacy Notice.
By executing this Agreement you acknowledge that you received a copy of our privacy notice either on the Loan Agreement Date or within the past 12 months.
21. Partial Payments Marked Payment in Full.
We may process a late payment, a partial payment or a payment marked with any restrictive language. If we do, that action will have no effect on our rights and the restrictive language will have no force or effect.
22. Interpretation.
a. When the words “including” or “includes” are used in this Agreement they mean “including but not limited to” or “includes but is not limited to”.
b. The headings used in this Agreement are for convenience of reference only and are not part of this Agreement.
23. State Notices and Special Provisions.
All borrowers, including California/New York/Rhode Island/Utah/Vermont Residents
Credit Reporting. You authorize us to obtain your consumer report(s) and other information from consumer reporting agencies and/or other third party sources now and on an ongoing basis for use in: (i) servicing, monitoring, collecting or enforcing this Loan or any loan that you may receive from us; (ii) providing your credit data to you; (iii) evaluating you for and offering you other financial products and services; and/or (iv) other related purposes. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
All Borrowers, including Missouri/Oregon/Utah/Washington Residents
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as you and we may later agree in writing to modify it.
All Borrowers, including Iowa and Kansas Residents
NOTICE TO CONSUMER:
1. Do not sign this Agreement before you read it.
2. You are entitled to a copy of this Agreement.
3. You 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.
California Residents
A married applicant may apply for a separate loan.
Florida Residents
Florida documentary stamp tax required by law has been paid or will be paid directly to the Department of Revenue. Certificate of Registration No. 78-8017035097-9
Iowa Residents
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF 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. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.
New Jersey Residents
Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
Ohio Residents
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Texas Residents
This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
Married Wisconsin Residents
If you are married: (i) You confirm that this Loan is being incurred in the interest of your marriage or family. (ii) No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. (iii) You understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. If the Loan for which you are applying is granted, you will notify us if you have a spouse by sending your name and your spouse’s name and address, to us at the Notice Address in Section 10 Attention: Wisconsin Resident.
Appendix A - Electronic Fund Transfer ("EFT") Authorization
Parties; Terms; Consent. This EFT Authorization ("Authorization") is between us and you. Terms used in this Authorization, but not defined, have the same meaning as in the Installment Loan Agreement (the "Agreement"). We may from time to time offer you the option to make Loan payments by EFT. EFT services would involve us initiating one or more electronic debits from a deposit account that you specify (the "Account"). This Authorization applies to any EFT services that we offer.
Services and Timing. The only EFT services that we offer are one-time and recurring EFTs that enable you to make payments on your Loan. If you choose to make a one-time Loan payment by EFT, you authorize us to debit your Account for the amount that you select, on or after the date that you choose. If you choose to make recurring payments on your Loan, you authorize us to initiate recurring debits to your Account for the amount that you specify on or after the dates that you specify at the time of enrollment. If a payment that you have authorized is returned unpaid, you authorize us to seek that payment up to two additional times.
Business Days. Our business days are Monday through Friday, excluding federal holidays ("Business Days"). If you have agreed to make automatic payments on your due date through our EFT services and your due date falls on a day that we do not process EFTs, we will credit your payment on your due date.
Canceling this Authorization. If you wish to cancel this Authorization (and have us stop any and all EFT payments that you have scheduled), write to us at P.O. Box 45400, Salt Lake City, UT 84145-0400, Attn: EFT Payments or call us at 844-627-2872 (toll-free). You must notify us of your desire to cancel this Authorization in such time and manner so as to give us and your depository institution a reasonable opportunity (typically 3 Business Days after our receipt of your cancellation) to act on your request.
In Case of Error or Questions About Electronic Debits, call us at 844-627-2872 (toll-free) or write to us at P.O. Box 45400, Salt Lake City, UT 84145-0400 as soon as possible. We must hear from you no later than 90 days after your depository institution sends you the FIRST statement of your Account that shows the problem. When communicating with us regarding an alleged error:
a. Tell us your name, address and phone number;
b. Describe the error or transaction you are unsure about and explain why you believe there is an error or need more information; and
c. Provide the dollar amount of the alleged error.
If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we need more time, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Account.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will (a) send you a written explanation and (b) reverse any provisional credit that we provided to you. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Process or Stop Electronic Debits. We will be liable for your losses or damage if (a) a transaction is not completed as you direct, (b) we do not complete a transfer to or from your bank account on time or in the correct amount, or (c) you have requested that we stop a debit at least 3 Business Days before the scheduled date of the payment and we fail to do so. However, there are some exceptions. We will not be liable to you in the following instances:
1. If, through no fault of ours, your Account does not contain enough money to complete the transaction;
2. If the funds in your Account are subject to legal process or other encumbrance restricting the transaction; or
3. If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
Liability for Unauthorized Electronic Debits. So long as you notify us of any errors in a timely fashion, we will not hold you liable for an EFT that we process if you have not authorized the EFT. Please refer to the section of this Authorization titled “In Case of Error or Questions About Electronic Debits” to find out how to contact us if you have a question or believe we made an error.
Authorization to Correct Errors. If we make an error in making or seeking any payment that you authorize, you authorize us to correct the error. We will correct the error by initiating an electronic debit or credit, as applicable, to the Account. The debit or credit will be in the amount of the error and will be made on or after the date any such error occurs.
Limitations. Each day, you may make only one one-time EFT payment to your Loan. If you initiate a one-time EFT on our website, the EFT may not be for an amount greater than $2,000. Additionally, the total of all EFTs for one day may not exceed the amount required to repay your loan.
Fees. We do not charge any fees for processing EFTs.
Authorization to Vary Amount of Payment. If any recurring debit will vary from the amount that you authorize, we will send you written notice of the varying amount at least 10 days before we debit your Account.
Confidentiality. We will not disclose any information about your Account or EFTs except in the following circumstances:
a. as necessary to complete EFTs;
b. to comply with applicable law or government agency or court orders;
c. if you give us your written permission; or
d. in accordance with our privacy policy.
Appendix B - AutoPay Interest Rate Reduction
If you authorize repayment by AutoPay, we will subtract 0.25% (the "Rate Reduction") from your annual interest rate shown in Section 1(a). If you enroll in AutoPay before 5:00 p.m. ET, the Rate Reduction applies as of that day. If you enroll in AutoPay on or after 5:00 p.m. ET, the Rate Reduction applies as of following calendar day. The Rate Reduction will not affect the amount of your Monthly Payment. However, less interest will accrue on your Loan and, as a result, your Final Payment may be reduced. You will lose the Rate Reduction if AutoPay stops for any reason. For example, you will lose the Rate Reduction if you cancel AutoPay or we cancel AutoPay because a payment is returned unpaid. The Rate Reduction will not affect your Loan if interest is not accruing. For example, the Rate Reduction will not affect your Loan while your Loan is in Payment Deferral.
Lender:
Goldman Sachs Bank USA, Salt Lake City Branch
Salt Lake City, Utah
Borrower:
Daniel Knipping
813 Barbour Ave,
NORMAN, OK 73069
Loan Agreement date: 2022-01-26
CAUTION–IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS AGREEMENT BEFORE YOU SIGN IT.
NOTICE TO BORROWER
a. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT, EVEN IF OTHERWISE ADVISED.
b. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS ANY BLANK SPACES.
c. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.
d. YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT.
WE AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION.
BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT (1) YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY OF THIS AGREEMENT, INCLUDING ANY APPENDICES, (2) YOU UNDERSTAND THIS AGREEMENT AND (3) YOU AGREE TO ITS TERMS, INCLUDING THE ARBITRATION PROVISION.
DocuSigned by:
Daniel Knipping
03DF6E04743A404...
EXHIBIT B
BILL OF SALE
June 20, 2023
GOLDMAN SACHS BANK USA, a New York state-chartered bank (the "Seller"), for value received, does hereby sell, transfer, assign, set over and otherwise convey, without representation, warranty or recourse except as set forth in the Loan Purchase Agreement (as defined below) to RCC CONSUMER TRUST I, a Delaware statutory trust (the "Purchaser"), and the Purchaser hereby purchases, all right, title and interest of the Seller in, to and under the Loans identified on Schedule A hereto and all Collections received with respect to such Loans after the Cut-Off Date, including any payments of principal and interest, and other payments from or for the account of the Obligors thereon (the "Transferred Loans"), except for any and all Servicing Rights with respect to such Loans, which shall remain with the Servicer.
The purchase price for the Transferred Loans is the fair market value thereof (as agreed between the Seller and the Purchaser).
Capitalized terms used herein but not otherwise defined have the meanings set forth in the Loan Purchase and Sale Agreement, dated as of June 20, 2023 (as amended, restated, supplemented or otherwise modified from time to time, the "Loan Purchase Agreement") by and between the Seller, as purchaser, and the Purchaser, as seller.
[signatures follow]
IN WITNESS WHEREOF, the parties have caused this Bill of Sale to be duly executed and delivered by its duly authorized officer as of the day and year first above written.
GOLDMAN SACHS BANK USA, as Seller
By: ________________________________
Name: Monique Rollins
Title: Authorized signatory
[Signature Page to Bill of Sale (Rithm)]
PREPARED BY, RECORDING REQUESTED BY & AFTER RECORDING RETURN TO:
NewRez, LLC
d/b/a Shellpoint Mortgage Servicing
Attn: Jennifer Korn
75 Beattie Place, Suite 300
Greenville, SC 29601
LIMITED POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENT, that RCC Consumer Trust I, (the "Trust"), having its principal place of business at 799 Broadway, 8th Floor, New York, NY 10003, has and hereby affirms that it has made, constituted and appointed, and by these presents does make, constitute and appoint Newrez LLC dba Shellpoint Mortgage Servicing ("SMS" or "attorney-in-fact"), having its principal place of business at 75 Beattie Pl, Suite 300, Greenville, South Carolina 29601, the Trust's true and lawful attorney-in-fact and in the Trust's name, place and stead to act solely for the purpose of performing any or all of the acts described herein in connection with any account serviced by Systems & Services Technologies, Inc. ("SST") pursuant to the Servicing Agreement dated as of January 25, 2024 by and between the Trust and SST and referred to SMS for third party debt collection services pursuant to the Vendor Services Agreement by and between SST and SMS dated January 25, 2024.
FIRST: To endorse, sign, deliver and deposit any and all checks, drafts or instruments of deposits issued by obligors, insurance companies, vendors or third parties. Such instruments may only be executed and deposited by the attorney-in-fact if the same represent funds paid on any account serviced by the attorney-in-fact pursuant to the above-referenced Servicing Agreement.
SECOND: To execute and/or endorse any loan agreement, promissory note, security agreement, financing statement or other document, instrument or agreement, or any amendment, modification or supplement of any of the foregoing, and perform any act and covenant in any way which the Trust itself could do which is necessary or appropriate to modify, amend, renew, extend, terminate and/or extinguish any indebtedness upon such terms and conditions deemed, in the sole discretion of said attorney-in-fact, necessary or appropriate in connection with such modification, amendment, renewal extension, termination and/or extinguishment.
THIRD: To contract with any person, in any manner and upon terms and conditions deemed, in the sole discretion of said attorney-in-fact, necessary or appropriate for the accomplishment of any such modification, amendment, renewal, extension, termination and/or extinguishment of any such indebtedness, right or obligation, to perform, rescind, reform or modify any such agreement or contract or any similar agreement or contract made by or on behalf of the Trust; to execute acknowledge, seal and deliver any contract, agreement or other document, agreement or contract or any similar agreement and to take all such other actions and steps, pay or
receive such moneys and to execute, acknowledge, seal and deliver all such other certificates, documents and agreements as said attorney-in-fact may deem necessary or appropriate to consummate any such modification, amendment, renewal, extension, termination and/or extinguishment of any such indebtedness, right or obligation or in furtherance of any of the transactions contemplated by the foregoing.
FOURTH: To commence a legal proceeding to enforce a contract or to commence or participate in any other legal proceeding (including a bankruptcy proceeding). The attorney in fact is further authorized and empowered by the Trust to execute and deliver any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding.
FIFTH: With full and unqualified authority to delegate any or all of the foregoing powers to any person or persons whom said attorney-in-fact shall select.
SIXTH: This Power of Attorney shall not be affected by the subsequent dissolution or disability of RCC Consumer Trust I or its authorized representatives.
IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney on behalf of RCC Consumer Trust I as of this 25th day of June, 2024.
RCC Consumer Trust I
By: ____________________________
Name: Nicola Santoro, Jr.
Title: Chief Financial Officer
Witnesses:
Name: Emma Bolla
Name: John Paul Edquist
STATE OF NEW YORK
COUNTY OF NEW YORK
On this 25th day of June, 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Nicola Santoro, Jr. in his / her capacity as Chief Financial Officer of RCC Consumer Trust I proved to me through satisfactory evidence of identification which was: personal knowledge be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same as his / her own free act and deed in such capacity aforesaid, and that by his or her signature on the instrument the entity, on behalf of which the person acted, executed the instrument voluntarily and for its stated purpose, as the free act and deed of such entity.
LEIGH WINCHESTER
Notary Public - State of New York
NO. 01W0012359
Qualified In New York County
My Commission Expires Aug 21, 2027
(Seal)
Notary Public
Assignment of Debt
Installment Loan Agreement
LOAN ID: ________________
ORIGINAL CREDITOR: Goldman Sachs
ORIGINAL LOAN ID: PL01013913381
RCC Consumer Trust I, a Delaware statutory trust (the “Assignor”), for value received, does hereby sell, transfer, assign, set over and otherwise convey the entirety of the Assignor’s contractual rights and obligations under the Installment Loan Agreement dated 1/26/2022 for $20000.00 given by DANIEL KNIPPING (the “Borrower”) of 8818 SOLDIER CREEK RD , KINGSTON, OK 73439-7529 to Newrez LLC D/B/A Shellpoint Mortgage Servicing (the “Assignee”).
The Assignor warrants and covenants the following with regard to the contractual rights which the Assignor has assigned:
• that the Assignor has the right to assign the contract;
• that the Assignor will not, after this Assignment takes effect, receive and accept the assigned contractual rights;
• that the Assignor will not do any act which may prevent or hinder the Assignee from enforcing the assigned contractual rights; and
• that the Assignor has not done or knowingly permitted any act, deed or thing by which the contractual rights can be impeached or affected in any manner.
The Assignor directs the Borrower to complete the contractual obligations, which would otherwise be owed to the Assignor but which have been transferred as indicated herein, with the Assignee.
It is agreed that this Assignment will inure to the benefit of and be binding upon the parties to this Assignment, their heirs, executors, administrators, successors and assigns, respectively.
IN WITNESS WHEREOF, the parties hereto have executed this Modification.
Assignor: RCC Consumer Trust I by Newrez LLC D/B/A Shellpoint Mortgage Servicing, its attorney-in-fact
By: _______________________________________
NAME: Janalynne Hedden
TITLE: Vice President
State of SOUTH CAROLINA County of GREENVILLE
This instrument was acknowledged before me on October 20, 2025 as having been executed by Janalynne Hedden, Vice President of Newrez LLC D/B/A Shellpoint Mortgage Servicing, as Attorney in Fact for RCC Consumer Trust I.
Notary Public Destiny Stovall
My Commission Expires: November 16, 2034
DESTINY STOVALL
Notary Public, State of South Carolina
My Commission Expires 11/16/2034