Loan Agreement
Loan Agreement
Loan Agreement
LOAN AGREEMENT
Borrower ID: 86372
Borrower Name: Kayla Mckenzie
Borrower Address: 1014 n mccullough st, LIMA, OH, 45801
Loan Number: 154080
Effective Date: 08/15/2022
Disbursement Date: 08/15/2022
This agreement (the "Agreement") governs your loan with us. It contains important terms and conditions. You should read it carefully before you
electronically sign it. We cannot commit to make a loan to you unless your completed application is approved by our underwriting department,
which is located on tribal land.
■ By checking this box, you understand that by entering into a transaction with WLCC Lending FFG DBA Falcon Funding Group, you are
agreeing to have the law of the Oglala Sioux Tribe govern this Loan. The law of the Oglala Sioux Tribe relating to lending does not limit the rate
of interest or fees that may be charged; you may live in a state that restricts the rate of interest or fees that may be charged on a consumer loan;
you may wish to find a different lender that complies with those restrictions. Please acknowledge that you have read and understand this
disclosure by checking the box.
In this loan agreement (the "Agreement") the words "you" and "your" mean the borrower who has electronically signed this Agreement. All
disclosures in this Agreement are also terms and conditions of this Agreement. The words "Lender" "we", "us" and "our" mean WLCC Lending
FFG DBA Falcon Funding Group. We are a subdivision and economic development arm of the Wakpamni Lake Community Corporation
("WLCC"), which is a tribal corporation that is wholly owned by the Wakpamni Lake Community (the "Community"). This makes us a political
subdivision of the Oglala Sioux Tribe (the "Tribe"), a federally-recognized sovereign American Indian Tribe. This means that your loan is
governed by the laws of the Tribe and all applicable federal law.
You must electronically sign this Agreement and submit it with your application. We will then approve or deny your application. If we
approve your application, your loan proceeds will be deposited to Your Bank Account, and will be disbursed to you in accordance
with your Disbursement and Payment Choice (the "Disbursement Date").
RIGHT TO CANCEL. You have the right to cancel this Agreement without cost within two(2) business days from the Disbursement date. The
term "business day" means any calendar day other than Saturday, Sunday, bank or federal holiday. If you decide to cancel this Agreement you
must send us your written notice of cancellation by email to clientservices@falconfundinggroup.com and return all proceeds you received by no
later than midnight Central time on the second day after the Disbursement Date (the "Midnight Deadline"). In the event that we timely receive
your written notice of cancellation on or before the Midnight Deadline but before the loan proceeds have been credited to your bank account, we
will not affect a debit entry to your bank account and both ours and your obligations under this Agreement will be rescinded and you will not be
charged any fees. In the event that we timely receive your written notice of cancellation on or before the Midnight Deadline but after the loan
proceeds have been credited to your account, we will affect a debit to your bank account for the principal amount in the Agreement. If we
receive payment of the principal amount via the debit, ours and your obligations under this Agreement will be cancelled. If we do not receive
payment of the principal amount via debit, then the Agreement will remain in full force and effect until all sums due and owing under this
Agreement, then this Agreement will remain in full force and effect until all sums due and owing under this Agreement are repaid in full inclusive
of interest and fees, if any.
TRUTH-IN-LENDING DISCLOSURES
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Number Date Amount Due
1 08/19/2022 $73.72
2 08/26/2022 $73.72
3 09/02/2022 $73.72
4 09/09/2022 $73.72
5 09/16/2022 $73.72
6 09/23/2022 $73.72
7 09/30/2022 $73.72
8 10/07/2022 $73.72
9 10/14/2022 $73.72
10 10/21/2022 $73.72
11 10/28/2022 $73.72
12 11/04/2022 $73.72
13 11/10/2022 $73.72
14 11/18/2022 $73.72
15 11/25/2022 $73.72
16 12/02/2022 $73.72
17 12/09/2022 $73.72
18 12/16/2022 $73.72
19 12/23/2022 $73.72
20 12/30/2022 $73.72
21 01/06/2023 $73.72
22 01/13/2023 $73.72
23 01/20/2023 $73.72
24 01/27/2023 $73.07
Late Charge: If a payment is received seven (7) calendar days or later past the Payment Due Date, You may be charged a late fee of $35.00.
Prepayment: If You pay off some or all of the amount You owe early, You will not have to pay a penalty.
See this Loan Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date
and any prepayment penalties.
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ITEMIZATION OF AMOUNT FINANCED:
A. Amount given to you directly: $500.00
B. Amount Paid on your account : $0.00
C. Amount Paid to others on your behalf: $0.00
D. Amount Financed (A plus B plus C): $500.00
SPECIAL NOTICES:
YOUR PROMISE TO PAY. You promise to pay Us, or any subsequent holder of this Agreement, the Amount Financed and Finance Charges
according to the Payment Schedule in the Truth in Lending Disclosures written above, plus any other amounts owed to Us under this Loan
Agreement. You agree to make your payments using the method or methods you selected in your Disbursement and Payment Choice
Authorization. The Maturity Date of this Loan is 01/27/2023.
YOUR FINANCE CHARGES. This is a "simple interest" loan where interest is computed on a daily basis, beginning on the Disbursement Date,
until the loan is paid in full. In calculating your payments, We have assumed you will make each payment on the day and in the amount due
according to the Payment Schedule above. The daily rate is assessed by dividing the Annual Percentage Rate (disclosed above) by 365 (the
number of days in a year). This Daily Rate is then used to calculate the total amount of each payment due on Your payment schedule, as each
payment is a combination of both principal and interest. Your actual finance charges may be more than the disclosed finance charge if you
make one or more payments late, or less if you make your payments early, which may affect the amount of your final payment. You may contact
us at any time to get an updated payment schedule and calculation of the outstanding amount due on Your loan based on your payment
history.Late payments made after the due date will result in additional finance charges being applied. If the amount of any payment you make is
not enough to pay the finance charges due, your next payment will first be applied to the remaining unpaid finance charges, and then to the
current amount due on the payment schedule. Making payments that are less than the total amount due, will result in additional finance charges
being applied to your account and will increase the total amount owed under the terms of this Agreement. Time is of the essence, which means
that there are no grace periods for when payments must be made. If you are having difficulty making payments according to the above payment
schedule, please contact us at 833-277-8968.
PAYMENTS. You are required to make each payment on or before the payment due date as set forth in your Payment Schedule within the
Truth-in-Lending Disclosure. If any scheduled payment is due on a day that is not a Business Day, such as a weekend or Bank Holiday, then
Your payment will be due on the next Business Day. The Truth-in-Lending Disclosures are calculated based on the assumption that you will
make each payment on the date it is due. We will apply all payments we receive in the following order: (1) fees; (2) accrued and unpaid interest;
then (3) Principal. If you make an extra payment (in addition to your regularly scheduled installment payment) and you are not in default, we will
apply the extra payment according to the order described in this section. If You would like to repay Your loan according to a payment plan other
than as set forth herein, You must contact a customer service representative at 833-277-8968 no later than three (3) days prior to Your next
scheduled Payment Due Date to make those payment schedule modifications if You would like them in effect for the next Payment Due Date.
You will make Your payments on or before every Payment Due Date until You have paid the entire principal and accrued finance charges and
any other charges as described in this Agreement. If on the final scheduled Payment Due Date ("Maturity Date"), You still owe amounts under
this Agreement, You will pay those amounts in full on that date.
PREPAYMENT. You may prepay all or part of the amount that you owe under this Agreement at any time without prepayment penalty. To
arrange to prepay your loan in whole or in part, you must go online to www.falconfundinggroup.com or call us at 833-277-8968 to notify us of
your intention to make a prepayment and then follow the instructions provided to You. Partial prepayments will not change the amount or due
date of your remaining payments until this Agreement is paid in full.
DISBURSEMENT. If your loan is approved, we will disburse your loan proceeds within two(2) business days. You authorize us to use
commercially reasonable efforts to initiate a credit entry by depositing the proceeds of your loan into the bank account or onto the payment
instrument that you first authorized in your Disbursement and Payment Choice Authorization. The date that your loan proceeds are deposited to
Your Bank Account or onto your payment instrument is the Disbursement Date, which is set out above. Unavoidable delays such as bank
holidays, the processing schedule of your individual bank, inadvertent processing errors, "acts of God," or "acts of terror," may extend the time
for the deposit.
LATE FEE. If your payment is seven (7) or more days late, we may charge you a Late Fee of $35.00 per instance.
RETURNED PAYMENT CHARGE. If your payment method is stopped, denied or otherwise dishonored due to insufficient funds, a closed
account, or a stop payment order, then you agree to pay us a fee of $25.00. If You authorized debits from either Your Bank Account or debit
card in Your Payment Choice Authorization, You agree that We may debit Your Bank Account or debit card as applicable, for any refused
instrument charges. Your returned payment may also cause your payment to be late which could result in a Late Fee. Your bank may also
charge you a fee.
VERIFICATION: You authorize Us to verify the information You provided to Us in connection with Your Loan application. You give Us consent
to obtain information about You from consumer reporting agencies or other sources at any time. We reserve the right to withhold funding of this
Loan, at any time prior to disbursement, to allow Us to verify the information You have provided to Us.
CONSUMER REPORTS. You authorize us to obtain consumer reports about you from one or more consumer reporting agencies now or in the
future as long as you owe us money under this Agreement. We may use the consumer report for any purpose authorized by applicable law in
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connection with a credit transaction involving you and involving the extension of credit to you or review or collection of your account, including
but not limited (i) for authentication purposes; to verify your identity; (ii) to make credit decisions; and (iii) to determine your debt-to-income ratio.
CREDIT REPORTING. You are hereby notified that we may submit negative credit information about you to a credit reporting agency if you fail
to satisfy the terms of this Agreement. We may report information about your account to credit bureaus. Late payments, missed payments, or
other defaults on your account may be reflected in your credit report.
CREDIT DISPUTES; IDENTITY THEFT. If you believe that any information, we have furnished to a consumer reporting agency about your loan
is inaccurate, or if you believe that you have been the victim of identity theft in connection with any loan made by us, contact us immediately at
833-277-8968. In your letter (i) provide your name and loan number, (ii) identify the specific information that is being disputed, (iii) explain the
basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you
have been the victim of identity theft, please submit a copy of your identity theft affidavit and a copy of your theft report that you submitted to a
consumer reporting agency to us at clientservices@falconfundinggroup.com .
BANKRUPTCY. You promise that you are not currently a debtor in any bankruptcy proceeding, you are not contemplating bankruptcy and you
have not consulted with an attorney regarding a potential bankruptcy filing in the past six (6) months. You must provide any notice(s) of any
future bankruptcy petition and all subsequent filings, motions, orders or correspondence to us. You agree that any other written or oral
communication concerning a bankruptcy is null and void and of no effect.
DEFAULT. You will be in default under this Agreement if You do not make a scheduled payment or pay any other amounts You owe Us when
due, or if Your chosen payment method is stopped, denied or otherwise dishonored. If You default on Your Loan, We can choose to declare all
principal, finance charges and other amounts that You owe Us to be immediately due and payable in full. If You are in default and You
authorized debits from Your Bank Account or debit card, You agree that We can debit Your Bank Account or debit card for the full amount that
You owe Us. We may submit Your account to a collection agency, and We may also report the incident to a consumer reporting agency
database. This may negatively impact Your credit report, and/or Your ability to receive loans or advances from other companies.
CONSEQUENCES OF DEFAULT : Upon a default by You under this Agreement, We may take any one or more of the following actions:
a. Agree to permit You to cure a payment default before Your account goes into collection by modifying Your Loan Schedule and/or payment
amounts (a "Cure Arrangement"). This option is not available for all customers and/or all loan products. If We agree to a Cure Arrangement and
You fail to honor its terms, then We will have the right, at Our sole discretion, to terminate the Cure Arrangement and immediately and without
notice declare the entire unpaid principal balance and all accrued unpaid finance charge(s) and fees immediately due under Your Loan
("Accelerate Your Loan");
b. without further action or notice Accelerate Your Loan and require You to immediately pay Us all amounts due and owing pursuant to such
acceleration;
c. in the event you’ve authorized payment via electronic debit from your bank account and your bank account suggests you do not have
sufficient funds to cover your payment on your payment due date as described within your payment schedule, we may, in our sole discretion,
attempt to process your payment due within five (5) business days of your payment due date in the hopes of keeping you from incurring any
insufficient fund fees. If you have insufficient funds to cover your payment, you may incur an NSF fee of $25.00; and
d. Pursue all legally available means to collect what You owe Us.
By electing any one of these options, We do not waive or release Our right to subsequently elect and apply any other options to collect the
amounts due and owing to Us.
ATTORNEY FEES AND COLLECTION COSTS. If the Loan is in default for any of the reasons described above, and we pursue collection
efforts against you, subject to applicable law, You agree to pay all reasonable collection agency fees, court costs and other collection costs
actually incurred by us and our agents, successors and assigns. If we refer you Loan to an attorney who is not our salaried employee for
collection or enforcement of this Agreement, you agree we may charge you reasonable attorney fees that we incur.
COMMITMENT TO CUSTOMER SERVICE. Please direct any questions, issues or disputes in the first instance to us at
www.falconfundinggroup.com and we will work with you to address your concerns.
CONSUMER COMPLAINT TRIBAL HOTLINE. If you have already contacted Customer Service in an attempt to resolve an issue or concern
and still need additional assistance, please contact the Wakpamni Lake Community Consumer Complaint Tribal Hotline at 1-800-677-3860,
between the hours of 9 AM and 5 Pm MST, Monday through Friday.
USURY SAVINGS CLAUSE. Notwithstanding any other provision herein, the aggregate interest rate of the Loan (including all charges
or fees that may be treated as interest under applicable law) shall not exceed the highest lawful interest rate. If Lender contracts for,
charges, or receives any consideration which constitutes interest in excess of the highest lawful rate, then any such excess shall be
cancelled automatically and, if previously paid, shall at such Lender’s option be applied to the outstanding amount of the Loan made
hereunder or be refunded to you.
SITUS OF THE LOAN AGREEMENT: The parties agree that this Loan Agreement is made and accepted on Tribal lands within the jurisdiction
of the Oglala Sioux Nation of the Pine Ridge Reservation Tribe, a sovereign Tribal nation located in the United States.
GOVERNING LAW. This Agreement is governed by the laws of the Oglala Sioux Nation of the Pine Ridge Reservation Tribe ("Tribal Law"), a
federally recognized Indian Tribe, the Indian Commerce Clause of the United States Constitution, and applicable federal law. The Arbitration
provision below is governed by Tribal Law, the Federal Arbitration Act ("FAA"), decisions of the United States Supreme Court interpreting the
FAA, and other applicable federal law without regard to the laws of any state, including the conflict of laws rules of any state. We do not have a
presence in South Dakota or any other State of the United States of America. Neither this Agreement nor the Lender is subject to the laws of
any State of the United States. You agree to be bound by Tribal Law, and in the event of a bona fide dispute between you and us, Tribal Law
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and applicable federal law shall exclusively apply to such dispute.
SOVEREIGN IMMUNITY. By signing and submitting this Agreement together with any related documents, you recognize that we are a
sovereign enterprise, an economic development arm and instrumentality of the Community, which shares in the governmental sovereign
immunity of the Tribe from uncontested suit. Because we and the Tribe are entitled to sovereign immunity, you will be limited as to what claims,
if any, you may be able to assert against us. To encourage the resolution of consumer complaints, you or others acting on your behalf many
submit any complaint to arbitration as described below.
PRESERVATION OF SOVEREIGN IMMUNITY. It is the express intention of the Community and us, in our capacity as an economic arm of the
Community, to fully preserve, and not waive, other than as described later in this paragraph, our sovereign governmental immunity from suit,
and any other rights, titles, privileges, and immunities, to which we or the Community are entitled. To protect and preserve the rights of the
parties, no person may assume a waiver of sovereign immunity. No waiver is or can be made except by express written declaration of the
Community’s governing Council specifically authorizing a waiver for the matter in question. Except as pertaining to a potential arbitration
between you, as an individual consumer, and us, no waiver has been made with respect to any other matter.
Federal law provides important protections to active-duty members of the Armed Forces and their dependents. To ensure that these protections
are provided to eligible applicants, we track your selection of one of the following statements if applicable. On your application you selected that
you are not:
a regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order
that does not specify a period of 30 days or fewer, or such member serving on Active National Guard duty; or
a dependent of a member of the Armed Forces on active duty as described above, because I am the member's spouse, the member's
child under the age of eighteen years old, or I am an individual for whom the member provided more than one-half of my financial
support for 180 days immediately preceding today's date.
Most customer concerns can be resolved by calling our customer service department. In the event that customer service is unable to resolve a
complaint to your satisfaction, this Agreement explains how Claims can be resolved through optional dispute resolution or binding arbitration. It
includes an arbitration provision and a class action waiver. You may reject the Arbitration Agreement by sending us written notice within 60 days
after receiving your funds. See Your Right to Opt Out below.
"Claim" is given the broadest possible meaning and includes, without limitation (a) all claims, disputes, or controversies arising from or relating
directly or indirectly to this Binding Confidential Arbitration Agreement and Class Action Waiver, ("this Provision"), the validity and scope of this
Provision and any claim or attempt to set aside this Provision; (b) all U.S. federal or state law claims, disputes or controversies, arising from or
relating directly or indirectly to this Loan Agreement, the information You gave Us before entering into this Loan Agreement, including the
customer information application, and/or any past Loan Agreement or Agreements between You and Us; (c) all counterclaims, cross claims and
third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of
any state or federal constitution, statute or regulation; (f) all claims asserted by Us against You, including claims for money damages to collect
any sum We claim You owe Us; (g) all claims asserted by You individually against the Tribe, Us and/or any of Our employees, agents, directors,
officers, governors, managers, members, Tribal officials, parent company or affiliated entities (collectively, "related third parties"), including
claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on Your behalf by another person; (i) all claims asserted
by You as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against Us
and/or related third parties ("Representative Claims") ; and/or (j) all claims arising from or relating directly or indirectly to the disclosure by Us or
related third parties of any nonpublic personal information about You, any claim arising out of marketing and promotions, any benefit or service,
identity theft claims, payment processing or Your loan application.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. Unless you exercise your right to opt-out of arbitration in the manner
described below, any Claim you have with Lender or anyone else under this Agreement will be resolved by binding arbitration. Arbitration
replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules),
and to participate in a class action or similar proceeding. In arbitration, a Claim is resolved by an arbitrator instead of a judge or jury. Arbitration
procedures are simpler and more limited than court procedures.
Any arbitration will be limited to addressing your Claim individually and will not be part of a class-wide or consolidated arbitration
proceeding.You may arbitrate a Claim with or without a lawyer, as you chose. The arbitrator’s decisions are as enforceable as any court order.
Except as set forth below, the arbitrator’s decision will be final and binding. Any issues regarding the validity, effect and enforceability of this
Agreement to Arbitrate (or any provision thereof) shall be determined solely by the Arbitrator.
This Provision is binding upon and benefits You, Your respective heirs, successors and assigns. This Provision is binding upon and benefits Us
and the Tribe, and Our successors and assigns, and related third parties. This Provision continues in full force and effect, even if Your
obligations have been paid or discharged through bankruptcy. This Provision survives any cancellation, termination, amendment, expiration or
performance of any transaction between You and Us and continues in full force and effect unless You and We otherwise agree in writing.
You and We agree that the arbitrator appointed will have a minimum of five (5) years of active practice or other relevant professional experience
in American Indian Law unless the chosen arbitration organization is unable to provide any arbitrators with such experience.
You and We agree that the confirmation, appeal, or enforcement of any award by the arbitrator shall be governed by the Federal Arbitration Act.
Agreement to Arbitrate. You agree that any Claim (defined above) will be resolved on an individual basis by arbitration in accordance with this
Arbitration Provision, applicable Oglala Sioux tribal law, and Applicable Federal Law.
The term "Applicable Federal Law" means the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applicable federal common law and federal
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statutes.
You acknowledge and agree that by entering into this Arbitration Provision:
(a) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED
THIRD PARTIES,
(b) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD
PARTIES; and
(c) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT AGAINST
US AND/OR RELATED THIRD PARTIES; and
(d) YOUR RIGHT TO FILE SUIT IN COURT AGAINST US FOR ANY CLAIM OR DISPUTE REGARDING THIS AGREEMENT IS LIMITED BY
THIS PROVISION AND SOVEREIGN IMMUNITY.
YOUR RIGHT TO OPT OUT. IF YOU DO NOT WANT YOUR ACCOUNT TO BE SUBJECT TO THIS AGREEMENT TO ARBITRATE, YOU
MUST ADVISE US VIA E-MAIL AT CLIENTSERVICES@FALCONFUNDINGGROUP.COM. YOU MUST CLEARLY PRINT OR TYPE YOUR
NAME AND ACCOUNT NUMBER OR SOCIAL SECURITY NUMBER AND STATE THAT YOU ARE REJECTING THE ARBITRATION
AGREEMENT CONTAINED IN YOUR LOAN AGREEMENT. YOU MUST PROVIDE WRITTEN NOTICE; IT IS NOT SUFFICIENT TO
TELEPHONE US. WE MUST RECEIVE YOUR LETTER OR E-MAIL WITHIN SIXTY (60) DAYS AFTER THE DISBURSEMENT DATE OR
YOUR REJECTION OF ARBITRATION WILL NOT BE EFFECTIVE. NOTICE IS CONSIDERED DELIVERED WHEN POSTMARKED IF SENT
BY MAIL OR DELIVERED IF SENT BY EMAIL. IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE, ANY DISPUTES
HEREUNDER SHALL NONETHELESS BE GOVERNED UNDER THE LAWS OF THE OGLALA SIOUX TRIBE, ALL APPLICABLE FEDERAL
LAW AND MUST BE BROUGHT WITHIN A FEDERAL TRIBUNAL AGREED UPON BY BOTH PARTIES.
Arbitration Procedure. Regardless of who demands arbitration, you shall have the right to select any of the following arbitration organizations
to administer the arbitration: the American Arbitration Association (1-800-778-7879)http://www.adr.org or JAMS (1-800-352-5267)
http://www.jamsadr.com. 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 (FAA). If you do not choose an organization, we may choose for
you.
Any arbitration under this Agreement may be conducted either on tribal land or within thirty miles of your residence (so long as you live within
the United States), at your choice, provided that this accommodation for you: (a) shall not be construed in any way as a relinquishment or waiver
of the Oglala Sioux's Tribes sovereign status or immunity,(b) shall not subject us to the jurisdiction of any courts otherwise having jurisdiction
where you reside, and (c) shall not change the law otherwise applicable to any Claim.
Cost of Arbitration. We will pay the filing fee and any costs or fees charged by the arbitrator regardless of which party initiates the arbitration.
Except where otherwise provided by the law of the Oglala Sioux Tribe, each party will be responsible for its own attorneys' fees and other
expenses. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails
in the arbitration.
Waiver of Jury Trial and Waiver of Ability to Participate in a Class Action. YOU HEREBY AGREE THAT YOU ARE WAIVING YOUR
RIGHT TO A JURY TRIAL, TO HAVE A COURT DECIDE YOUR CLAIM, AND YOU ARE WAIVING YOUR ABILITY TO SERVE AS A
REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR IN ANY OTHER
REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT
WOULD BE AVAILABLE IN A LAWSUIT. The arbitrator has the ability to award all remedies available under the Oglala Sioux Tribe’s tribal law
and applicable federal law, whether at law or in equity, to the prevailing party, except that the parties agree that the arbitrator has no authority to
conduct class-wide proceedings and will be restricted to resolving the individual Claims between the parties. If you have rejected arbitration, and
a Claim asserting the rights of you and two or more persons is brought properly before a federal tribunal for any reason, you and we agree that
the Claim shall only proceed in a federal tribunal in the venue as mutually agreed by both parties in writing. Notwithstanding the foregoing,
proceedings to confirm or vacate an arbitration award may be brought in the federal district court for the district where you reside.
The Decision of the Arbitrator. At the request of either us or you, the arbitrator shall provide a written explanation for the award. The arbitrator
must approve the explanation. The arbitrator will apply the applicable substantive law relating to the Claim and award any remedies available as
if the Claim was heard by a court. The arbitrator's award may be filed with any court having jurisdiction. The arbitrator’s award shall not be
considered final until appellate rights have been exhausted or the time for filing the notice of appeal pursuant to this Arbitration Agreement and
the Appellate Rules has expired.
Appealing an Award. You and we agree that the arbitrator’s award or decision may be appealed pursuant to the AAA's Optional Appellate
Arbitration Rules, the JAMS Optional Arbitration Appeal Procedures, or the appellate rules of another organization chosen by the parties
("Appellate Rules"). Following the appeal process or expiration of the time in which to appeal, the decision or award rendered by the (appeal)
arbitrator(s) is final, binding, confidential, and may be entered and confirmed, under the Federal Arbitration Act, in the United States District
Court for the federal judicial district in which you reside.
With respect to the authority of a federal district court to confirm or vacate an arbitration award entered under this Agreement, the Oglala Sioux
waive sovereign immunity for the specific arm of the tribe that was named as the lender in the loan agreement with you, but not for any other
arm of the tribe and not for any other level of tribal government or organization.
Applicable Law and Judicial Review. You and we choose Oglala Sioux tribal law, and Applicable Federal Law to govern the loan Agreement,
the Arbitration Agreement and all Claims.
Moreover, since we are a federally-dependent sovereign Tribe, we cannot in any event be subject to the laws or regulations of any U.S. state.
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See, Sovereign Immunity, above. In interpreting any provision of this Agreement, an arbitrator or court shall favor: enforcing the Arbitration
Provision (if not timely rejected) and severing any provision that would otherwise make this Agreement unenforceable, invalid, or
unconscionable. Further, consumers shall be entitled to raise any common law defenses or claims (e.g., duress, fraud, negligence) as provided
by federal common law; and to the extent that federal common law does not provide relevant law or guidance with respect to such common law
defenses or claims, the parties agree to be governed by published editions of the American Restatement of [Laws] issued by the American Law
Institute.
Other Provisions. This Arbitration Agreement will survive: (i) termination or changes in this Agreement, the Loan, or the relationship between
us concerning the Loan; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of this Agreement, or any amounts owed on
your account, to any other person or entity. This Agreement to Arbitrate benefits and is binding upon you, your respective heirs, successors and
assigns. It also benefits and is binding upon us, our successors and assigns, and related third parties. The Arbitration Agreement is in full force
and effect, even if your obligations have been paid or discharged through bankruptcy. The Arbitration Agreement survives any termination,
amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we
otherwise agree in writing. If any of this Arbitration Agreement is held invalid, the remainder shall remain in effect.
IF YOU OPT OUT OF ARBITRATION OR IF, FOR ANY REASON, YOUR AGREEMENT TO ARBITRATE IS DETERMINED TO BE
UNENFORCEABLE WITH RESPECT TO ANY CLAIM(S), THEN YOU AGREE TO THE FOLLOWING WITH RESPECT TO ANY COURT
PROCEEDING:
The following terms and conditions govern operational communications in connection with this Agreement and the transaction evidenced hereby
(this Consent). By electronically signing this Agreement, you are confirming that you have agreed to the terms and conditions of this Consent
and that you have the ability to download or print a copy of this Consent for your records. You agree that:
Any disclosure, notice, record or other type of information that is provided to you in connection with your transaction with us, including
but not limited to, this Agreement, this Consent, disclosures, change-in-term notices, fee and transaction information, statements,
delayed disbursement letters, notices of adverse action, and transaction information in the course of doing business (collectively,
Communications), may be sent to you either by regular mail or electronically via e-mail or by posting the information at our web site,
www.falconfundinggroup.com .
Any Communication that we send to you electronically satisfies any legal requirement that such Communication be in writing.
We will not be obligated to provide all Communication to you via one specific method (regular mail or e-mail) unless you specifically
request us to do so.
You may obtain a copy of any Communication by contacting us at www.falconfundinggroup.com, writing to us at
clientservices@falconfundinggroup.com , or by calling us at 833-277-8968. You can also withdraw your Consent to ongoing operational
electronic communications in the same manner and ask that they be sent to you in paper or non-electronic form.
You agree to provide us with your current e-mail address for notices at the address or phone number indicated above. If your e-mail
address changes, you must send us a notice of the new address by writing to us or sending us an e-mail, using secure messaging, at
least five (5) days before the change.
In order to receive electronic communications in connection with this transaction, you will need a working connection to the Internet.
Your browser must support the Secure Sockets Layer (SSL) protocol. SSL provides a secure channel to send and receive data over the
Internet. Microsoft Internet Explorer 6 or equivalent browser and above supports this feature. You will also need either a printer
connected to your computer to print disclosures/notices or sufficient hard drive space available to save the information (e.g., 1 megabyte
or more). You must have your own Internet service provider. We may amend (add to, delete or change) the terms of this Consent to
electronic communication by providing you with advance notice.
As used in this Agreement, "Call(s)" means any telephone call or text message. As used in this Agreement, “Caller(s)” means First Day
Loan, its affiliates, agents, representatives, employees, servicers, successors, and/or assignees. Non-telemarketing text messaging
communication from us to you pertaining to your loan, including but not limited to payment information, account information, due dates,
delinquent accounts, and program updates relating to your loan, but excluding advertising or telemarketing Text Messages. All text
messages from Callers in electronic format to you will be considered "in writing."
By electronically signing this Agreement, you consent to receive non-telemarketing Calls, including but not limited to texts, arising from
or related to this Agreement, including but not limited to Calls about your Loan, payment information, account information, due dates,
delinquent accounts, and loan program updates, from and on behalf of Callers, subject to the provisions in this section. You also
acknowledge that your consent to such Calls is part of the consideration for and a condition of this Agreement.
You agree that Callers may send any Calls related to your Loan through your communication service provider in order to deliver them to
you and that your communication service provider is acting as your agent in this capacity. You agree to indemnify, defend and hold
Callers harmless from and against all claims, losses, liability, cost and expenses (including reasonable attorneys' fees to the extent
allowed by Tribal Law) arising from your provision of a phone number that is not your own or your violation of applicable federal, state or
local law, regulation, or ordinance relating to Calls. Your consent to receive Calls under this section shall survive amendment,
modification, assignment, or termination of this Agreement.
You understand that you may receive up to thirty (30) text messages/month. Our privacy policy is available at
www.falconfundinggroup.com. To opt out of future SMS messages, simply reply with, "STOP" or contact customer service at
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833-277-8968.
At our option, we may treat your provision of an invalid phone number, or the subsequent malfunction of a previously valid phone
number, as a withdrawal of your consent to receive Calls. Any withdrawal of your consent to use Calls will be effective only after we have
a reasonable period of time to process your withdrawal.
In order to access, view, and retain text messages that we make available to you, you must have: (1) a text-message-capable mobile
phone, (2) an active mobile phone account with a communication service provider, and (3) sufficient storage capacity on your mobile
phone.
To request additional information, contact us by telephone at 833-277-8968.
The services are available from most of the carriers that offer Text Messaging. Consult your mobile service carrier to confirm that they
offer Text Messaging.
There is no service fee for Text Messages but you are responsible for all charges imposed by your communications service provider,
such as fees associated with Text Messaging. Consult your mobile service carrier's pricing plan to determine the charges for sending
and receiving Text Messages. These charges will appear on your phone bill.
Receipt of each Call may be delayed or impacted by factors pertaining to your communications service provider. We will not be liable for
losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected
delivery or mishandling of, or inaccurate content in, the Calls sent by us. You understand that any Calls we send you using the number
provided above may be accessed by anyone with access to your Calls or phone.
We may modify or terminate our Call services from time to time, for any reason, with or without notice, and without liability to you, any
other user or third party.
❏ To help speed up the funding process and to keep me up to date on my loan status and future promotions, I am providings express consent
to be contacted by FalconFundingGroup.com on my provided telephone number, 4198605997, via email, SMS-Text Message, and auto dialed /
pre-recorded phone calls. This consent is optional and not a condition of obtaining lending.
ADDITIONAL INFORMATION ON MARKETING AND PROMOTIONAL MESSAGE. Once you opt-in, we will send a text to your number
confirming your agreement to receive texts and calls described in this Agreement. To receive texts, you will need: (1) a text capable phone; (2)
an account with a communication service provider that offers text services; and (3) sufficient storage capacity on your cell phone. Standard
carrier charges may apply.
OPT-OUT or STOP. You do not have to agree to receive calls or texts in order to obtain credit or any other services. Your consent is voluntary.
You may withdraw your consent at any time by: (1) replying "STOP" to any text message we send you, (2) calling us at 833-277-8968, or (3)
emailing us at clientservices@falconfundinggroup.com .
You can stop receiving all texts, including messages about payment due dates or missed payments, by typing and sending "STOP ALL" in a
reply text. Your request to stop text messages will be effective in one Business Day. We may modify or terminate text messaging at any time, for
any reason, without notice, and without liability to you or anyone else.
YOUR ELECTRONIC SIGNATURE: You acknowledge and agree that when you check the indicated box below, you are providing your
electronic signature on this document that is fully enforceable against you. By electronically signing this document, you are agreeing to all the
terms and conditions set forth in the Consent and certifying that all information you have provided in connection with this transaction is complete
and accurate. You agree that your electronic signature shall have the same force and effect and shall bind you to this Consent in the same
manner and to the true extent as a physical signature would do, in accordance the Electronic Signatures in Global and National Commerce Act
("ESIGN") to the extent applicable. You also agree that this Consent and all related documents are electronic records and that, as such, they
may be transferred, authenticated, stored, and transmitted by electronic means.
■ By checking this box you agree to do business electronically with WLCC Lending FFG DBA Falcon Funding Group.
By electronically signing this Agreement below:You certify that all information you gave WLCC Lending FFG DBA Falcon Funding Group in
connection with your application and this Agreement is true and correct, and you authorize WLCC Lending FFG DBA Falcon Funding Group to
verify any information you provided. You give WLCC Lending FFG DBA Falcon Funding Group consent to obtain information about you from
one or more consumer reporting agencies and other sources.You acknowledge that: (a) you have read, understand, and agree to all of the
terms and conditions of (i) this Agreement, including the Truth-In-Lending disclosures and the Binding Confidential Arbitration
Agreement and Class Action Waiver, and (ii) WLCC Lending FFG DBA Falcon Funding Group’s Privacy Policy; (b) this Agreement
contains all of the terms of the agreement between you and WLCC Lending FFG DBA Falcon Funding Group and that no
representations or promises other than those contained in this Agreement have been made; (c) if you elect below to repay this Loan
via ACH debits to your Bank Account, you specifically authorize withdrawals and deposits to and from your Bank Account as
described in this Agreement; (d) you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for
relief under any chapter of the United States Bankruptcy Code; (e) this Agreement was filled in before you signed it; (f) you have the
ability to print or retain a completed copy of this Agreement for your records; and (g) WLCC Lending FFG DBA Falcon Funding Group
has not made the Loan contingent upon your obtaining any other product or service from WLCC Lending FFG DBA Falcon Funding
Group or anyone else.You further acknowledge that WLCC Lending FFG DBA Falcon Funding Group may withhold funding of your Loan until:
(i) WLCC Lending FFG DBA Falcon Funding Group confirms that you have made all payments on any previous loans with WLCC Lending FFG
DBA Falcon Funding Group; (ii) WLCC Lending FFG DBA Falcon Funding Group verifies that all information you gave WLCC Lending FFG DBA
Falcon Funding Group on your application is true and correct; and (iii) WLCC Lending FFG DBA Falcon Funding Group decides whether you
meet the requirements to receive the Loan.
Unless you chose to mail to us a check or money order as payment for this Loan, you voluntarily authorize us to initiate disbursement credits
and payment debits you have authorized, This Disbursement and Payment Choice Authorization is a part of and relates to this Agreement.
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Disbursements to Your Bank Account. You authorize us to process your loan proceeds with a credit deposit to your following bank account
("Your Bank Account"):
We will make this disbursement credit by using any commercially available method we choose, such as (but not limited to) Automated Clearing
House (ACH) entries, wire transfers, or transactions through your debit card accessing Your Bank Account. As a data security measure, you will
separately provide us with your debit card information.
You agree that by signing this Disbursement and Payment Choice Authorization, payments will be made through Automatic Payment
From Your Bank Account. You authorize us to process payment debit entries out of Your Bank Account by using any commercially
available methods we choose, such as (but not limited to) ACH entries, remotely created checks, or transactions through your debit
card accessing Your Bank Account according to the Payment Schedule above, plus any late charges, returned payment fees and, if
you are in default, all principal, finance charges and other amounts due to us as provided in the Agreement. You authorize us to re-
process debit entries for the same amounts if any attempted payment transaction is dishonored.
REVOKING AUTHORIZATION:You may revoke the payment authorization that you selected, by contacting customer service at 833-277-8968
or emailing us at clientservices@falconfundinggroup.com. In order to timely revoke your Payment Choice Authorization and select an alternative
payment option you must notify us not less than three (3) business days prior to your scheduled payment. Please note: if your scheduled
payment has already been submitted to your financial institution at the time of your intended revocation, it may be necessary for us to wait until
that payment posts before we can refund you that payment amount. When possible, however, we will void any pending payment(s) at the time
of your intended revocation.YOU UNDERSTAND THAT REVOKING YOUR AUTHORIZATION DOES NOT RELIEVE YOU OF THE
RESPONSIBILITY OF PAYING ALL AMOUNTS DUE IN FULL THAT ARE OWED BY YOU UNDER THIS AGREEMENT.
If you elect to make payments directly, you will need to notify us in writing at clientservices@falconfundinggroup.com between the
date you sign this Agreement and three (3) days prior to your first Payment Due Date so that we may notate your account accordingly.
You agree to make your payments by cashier's check, money order or bill pay service through your bank, that we receive no later
than your payment due date to:
WLCC Lending FFG DBA Falcon Funding Group
P.O. Box 171, #1 Wakpamni Lake Housing, Batesland, SD 57716
RETURNED ITEM FEE: If any payment made by you on this Loan is not honored or cannot be processed for any reason, including not
enough money in your Bank Account, you agree to pay us a fee of $25.00. You authorize us and our agents to make a one-time
withdrawal from your Bank Account to collect this fee, if you have also selected the ACH Debit Authorization. Your financial
institution may also impose a fee.
IMPORTANT: Payments by Cashier’s Check or Money Order.IF YOU PREFER TO MAKE YOUR SCHEDULED PAYMENTS VIA
CASHIER’S CHECK, MONEY ORDER OR BILL PAY SERVICES THROUGH YOUR BANK, DO NOT SIGN THIS AGREEMENT INCLUSIVE
OF THE DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION AND CALL US AT 833-277-8968 SO THAT WE MAY SEND YOU AN
AGREEMENT REFLECTING YOUR OPTION TO MANUALLY PAY.
NOTICE OF VARYING AMOUNTS. Please note that you have the right to receive notice of all withdrawals from Your Bank Account by an ACH
Debit that vary in amount. However, by agreeing to let us withdraw the money from Your Bank Account, you agree we only have to tell you the
range of withdrawals that we can make. The range of withdrawals will be either an amount equal to your installment payment or an amount
equal to the outstanding balance under the Loan (which may be greater than or less than an installment payment based upon your payment
history). For any withdrawal outside of this specified range, we will send you a notice 10 days prior to the date of the debit. Therefore, by signing
this Agreement below, you acknowledge that you will only receive notice when a withdrawal exceeds the amount in the specified range. You
authorize us to vary the amount of any withdrawal as needed to repay installments due on the Loan as modified by any partial prepayments you
make.
You agree that this Payment Choice Authorization will remain in effect until your loan, including principal, finance charges and other charges, is
paid in full. You may only revoke the above authorizations by contacting the financial institution that holds Your Bank Account as well as us
directly. If you revoke your authorization, you agree to provide us with another form of payment acceptable to us such as a cashier’s check or
money order.
PRIVACY POLICY
Revised 1/2022
FACTS WHAT DOES WLCC Lending FFG DBA Falcon Funding Group DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit
some but not all sharing. Federal law also requires lenders to tell you how they collect, share, and protect your personal
information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect, and share depend on the product or service you have with us. This
information can include:
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Social Security number and checking account information
Payment history and income
Employment information and wire transfer instructions
How? All financial companies need to share customers’ personal information to run their everyday business. In the section
below, we list the reasons financial companies can share their customers’ personal information; the reasons WLCC
Lending FFG DBA Falcon Funding Group chooses to share; and whether you can limit this sharing.
Reasons we can share your personal Does WLCC Lending FFG DBA Falcon Can you limit this sharing?
information Funding Group share?
To limit our sharing Call 833-277-8968 - our menu will prompt you through your
choices or
Visit us on the web at www.falconfundinggroup.com
Contact us via email at
clientservices@falconfundinggroup.com
Please note:
Who we are
Who is providing this notice? WLCC Lending FFG DBA Falcon Funding Group, a business entity of
the Wakpamni Lake Community Corporation ("WLCC") a tribal
corporation wholly owned by the Wakpamni Lake Community, is
providing this privacy policy.
What we do
How does WLCC Lending FFG DBA Falcon Funding Group protect To protect your personal information from unauthorized access and
my personal information? use, we use security measures. These measures include computer
safeguards and secured files and buildings.
How does WLCC Lending FFG DBA Falcon Funding Group collect We collect your personal information, for example, when you
my personal information?
Apply for a loan
Give us your income information
Tell us where to send the money
Provide account information
Provide employment information
Why can't I limit all sharing? You have the right to limit only:
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sharing for affiliates' everyday business purposes -
information about your creditworthiness
affiliates from using your information to market to you
sharing for non-affiliates to market to you
What happens when I limit sharing for an account, I hold jointly with Your choices will apply to everyone on your account.
someone else?
Definitions
BY TYPING YOUR NAME AND TODAY’S DATE AND CLICKING THE "I AGREE" BUTTON BELOW, YOU ARE ELECTRONICALLY
SIGNING THIS PAYMENT CHOICE AUTHORIZATION AGREEMENT AND AGREEING TO ALL THE TERMS OF THIS AUTHORIZATION
AGREEMENT.
YOU ALSO ACKNOWLEDGE YOUR ABILITY TO DOWNLOAD OR PRINT A FULLY COMPLETED COPY OF THIS AGREEMENT FOR
YOUR RECORDS.
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