Consumer Loan Economic Development
Resume:
Creditor:
Phone Number:
Clear Air Lending
PO Box 1429
Nice, CA 95464
Consumer:
Customer ID:
Loan Type:
Loan Number:
Alberto Ramirez
183144551
Installment Loan
This is your Consumer Loan and Arbitration Agreement (the "Loan Agreement") with Robinson Economic Services DBA Clear Air Lending (“we,” “us,” or “our”). Robinson Economic Services DBA Clear Air Lending is a corporate subdivision of the Robinson Economic Development Corporation, a wholly owned federally chartered corporation and, an economic development arm of the Robinson Rancheria of Pomo Indians of California (the "Tribe"), a federally recognized and Sovereign Native American Indian Tribe. As used in this Consumer Loan and Arbitration Agreement, "you” and "your" refer to the applicant for the loan and "we" "us," and "our" refer to Clear Air Lending. CONSUMER LOAN AND ARBITRATION AGREEMENT
TRUTH IN LENDING DISCLOSURE STATEMENT
ANNUAL
PERCENTAGE
RATE
The cost of your
credit as a
yearly rate
FINANCE
CHARGE
The dollar
amount the
credit will cost
you
Amount
Financed
The amount of
credit provided
to you or on
your behalf
Total of
Payments
The amount you
will have paid
after you have
made all
payments as
scheduled
524.9999% e $3,564.54 e $1,000.00 $4,564.54 e
Your payment schedule will be:
Frequency of Payments Amount of Payments When Payments Are Due Semi Monthly 18 payments of $ 240.31 On the 7th day and the 22nd day of each month beginning 4/22/ 2025
1 final payment of $ 238.96
• Late charge: if a payment is late, you may be charged $25.00
• This schedule assumes all minimum payments are made on time, that no payments return, and no other events of default occur. We may make additional debits in the amounts listed above, or less, if a balance still exists at the conclusion of the loan.
• Prepayment: There is no penalty for making extra payments or paying off your loan early.
• See your loan agreement for any additional information about nonpayment, default, and any required repayment in full before the scheduled date.
• All numerical disclosures except the late payment charge disclosure and the payment dates are estimates. Itemization of the Amount Financed of $1000
$1000 Amount given to you directly
e means an estimate
SPECIAL NOTICES:
• THIS LOAN AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
• YOUR LOAN IS DESIGNED TO ASSIST YOU IN MEETING YOUR SHORT-TERM CASH NEEDS AND IS AN EXPENSIVE FORM OF CREDIT.
• YOU CAN SAVE FINANCE CHARGES BY MAKING EARLY PAYMENTS ON YOUR LOAN.
• CREDIT COUNSELING SERVICES MAY BE AVAILABLE IN YOUR COMMUNITY FOR CONSUMERS EXPERIENCING FINANCIAL PROBLEMS.
Agreement Date: April 2, 2025
1. PROMISE TO PAY: You promise to pay us all principal and any interest on or before the dates described in the payment schedule above or as otherwise agreed to by you and us, along with any fees or other costs due under this Loan Agreement. Due to the mathematics of this type of loan, your final payment may be less than the previous payments. The estimated payments and rates above may also vary if your payments are not received by the dates in the payment schedule, or if you otherwise default. 2. DISBURSEMENT AND FUNDING: We will use commercially reasonable efforts to credit your loan proceeds into the bank account you provide to us (your “Bank Account”) on or before the next business day after you sign the Loan Agreement (the “Agreement Date”). Depending on availability and your financial institution, you may be able to receive your funds on the same day you sign the Loan Agreement using various methods, including instant funding to your account using your debit card; same-day transfer using ACH; and instant real-time payments. Unavoidable delays including conditions outside of our control (such as transmission cutoff times, conditions imposed by your bank or card issuer, processing errors, bank holidays and weekend schedules, the processing schedule of the financial institutions involved in sending or receiving payment, errors by our payment processors or other service providers, or “acts of God” – collectively
“Conditions”) may extend the time it takes for you to receive your loan proceeds and affect your APR as disclosed above. You understand that funding your loan is subject to Conditions which may delay or prevent fund availability, and you agree that you will not hold us responsible for any such delay. 3. INTEREST: Interest accrues on the unpaid principal balance of your loan beginning on the Agreement Date stated above and continuing until your loan is repaid in full. You will pay interest at a yearly rate of 541.4658%. We calculate interest on a daily basis based on actual days elapsed and a year of 365/366 days. Interest at this rate will continue to accrue after any default, at our discretion. 4. PAYMENTS AND FINANCE CHARGE IMPACT: Your loan is a fixed-term, fixed-payment, amortized loan. You agree to make payments beginning on 04/22/2025 and continuing thereafter on a semi-monthly basis. Each scheduled payment is $240.31. Your payment schedule (the amount and number of payments) may vary if you pay differently than scheduled (such as if you miss or make a late, partial, or extra payment). If you vary from the schedule, pursuant to Section 16 below we may declare you in default, including extending the payment schedule if a balance exists at the conclusion of the loan until the balance is paid or, in our discretion, enter into a new payment arrangement with you. If we agree to a new payment arrangement, you should contact our customer service department for a copy of your full payment schedule. The finance charge disclosed above assumes that you make all scheduled payments on time and that no payments return. Unless we specifically agree otherwise, in our sole discretion, any missed, returned, or payments less than the minimum amount due (or any other default as defined herein) may increase your finance charge as disclosed above and therefore increase the total amount you pay on your loan. However, if you make a payment earlier than or larger than your scheduled payments, you will pay less interest over the course of the loan than the Finance Charge disclosed above. Late payments may incur fees as described in this Loan Agreement. Please be aware that, if the scheduled pay date falls on a weekend or holiday, you acknowledge and agree that we will initiate a debit to your account on the banking day immediately after that scheduled pay date; you should make sure that there are sufficient funds in your account when that occurs. 5. HOW TO MAKE PAYMENTS: You may make your scheduled loan payments using any of the following methods: preauthorized electronic payments, if you have agreed to the Automatic Payment Authorization Agreement; check; cashier's check; and money order. We do not accept cash out of concerns for your security. You can easily arrange for a money order at any post office. You may change your scheduled payment method at any time by contacting Customer Service and, if applicable, agreeing to the terms associated with your new payment method. You must allow at least three business days before your scheduled payment date for the change to be effective. Checks or money orders must arrive at Clear Air Lending on or before your payment due date. If you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic funds transfer from your account or to process the payment as a check transaction. If we use information from your check to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Our acceptance of any payment less than the full amount due or which bears a restrictive endorsement or notation (such as "Payment in Full," "Without Recourse," or "Full Satisfaction") shall not be deemed a settlement of a bona fide dispute unless: (a) the payment is sent to us at 1545 East State Highway 20, Nice CA, 95464-8619, Attention: Accounts Receivable;
(b) the payment is accompanied by a conspicuous statement (on a separate sheet of paper from your check or statement) that identifies your account number, the basis of the dispute, and that you are tendering the payment in settlement of the dispute; and (c) we do not reject the payment within ninety (90) days of receipt. 6. PAYMENT RELIEF AND APPLICATION. If you are concerned about making a payment, please contact customer service at ***************@***************.*** or 855-***-**** at least three (3) days before your payment is due so we can, in our discretion, attempt to make alternative arrangements. We will apply your payments in the following order, as applicable; past due interest, past due principal, past due returned item fees, past due late fees, current interest due, current principal, current interest accrued, current returned item fees, current late fees, and unbilled principal. 7. RETURNED & LATE PAYMENT FEES: If you make a payment by any means, including electronically, that is not honored or cannot be processed for any reason, including insufficient funds in your designated account, you may be charged a returned payment fee of $30.00. If you fail to make a full payment within three days of your scheduled payment due date, you may be charged a late fee of $25.00. You understand and agree that we will include either fee as part of your loan which must be paid in full. You should also note that your financial institution may also impose a fee if your account does not have sufficient funds to cover any debit processed for payment from such account; you agree that you will not hold us or our agents responsible for any such fees that your financial institution may impose. 8. PREPAYMENT: You may choose to pay all or part of your loan early with no prepayment penalty. Early payment will reduce the total amount of interest you will pay on your loan, but you will not be entitled to any refunds of the finance charges you have paid. Upcoming payment dates may impact your ability to make early or extra payments. You can make early payments via the customer service portal or by contacting Customer Service at 855-***-****. Please allow at least three (3) business days for us to process your payment. If you make an extra payment that is less than the total payoff amount, your scheduled payment amount and due dates shown on your payment schedule will not change, but your loan may pay off sooner, depending on the amount of the early payment you make and how you make other payments. The amount of your final payment also may change due to these factors.
9. ACCESSING SERVICES FROM AN INDIAN RESERVATION: Robinson Economic Services DBA Clear Air Lending, is a corporate subdivision of the Robinson Economic Development Corporation, a wholly-owned federally chartered corporation and an economic development arm of the Robinson Rancheria of Pomo Indians of California (the "Tribe"), a federally recognized and sovereign Native American Indian tribe. The Tribe owns and operates this business to generate funds needed to run its government, serve its people and preserve its culture. For purposes of this Loan Agreement and under the federal Consumer Protection Act of 2010, the Tribe is considered a state. You understand that your loan is a service offered to you via the internet from the Tribe's trust land, regardless of where you may be situated or access this service, and this Loan Agreement constitutes an agreement for consumer loans within the Tribe's jurisdiction, not in any other state. The Tribe regulates financial services obtained by anyone choosing to access the Tribe's jurisdiction, such as you, under the Robinson Rancheria of Pomo Indians Tribal Lending Ordinance. Clear Air Lending is authorized to offer such services within the Tribe's jurisdiction through a license issued by the Robinson Rancheria Lending Regulatory Commission by mail at 1545 East State Highway 20, Nice, CA 95464-8619 or via email at ***************@***************.***. As a wholly-owned economic development arm of the Tribe, Clear Air Lending possesses sovereign immunity which will limit the causes of action, if any, that may be available to you to seek relief in a dispute arising from or related to this Loan Agreement, discussed below. By choosing to visit the Tribe's jurisdiction via the internet and access services offered and regulated under the Governing Law (defined below), which does not include the law of the state where you reside or any other state, you agree that this Loan Agreement becomes a binding contract when we accept it at our offices on the Tribe's reservation and you freely consent to the Tribe's jurisdiction regarding all aspects of this Agreement. 10. GOVERNING LAW: You agree that this Loan Agreement and all aspects of your loan and your relationship with us including all disputes (as defined in Section 24 herein) shall be subject to, and governed by and enforced in accordance with the laws of the Tribe and applicable U.S. federal law (collectively, the
"Governing Law"). You acknowledge and agree that the laws of the Tribe and applicable U.S. federal law, rather than the laws of your state or any other state will apply to your loan and to your relationship with us. Nothing in this Agreement shall be interpreted to (i) waive any rights you have under applicable U.S. federal law (including federal common law applicable to controversies with sovereigns) or (ii) prevent you from bringing any arbitration against us under applicable U.S. federal law, subject to the Arbitration Agreement's prohibition of a jury trial, class actions, class arbitration, punitive damages and injunctive relief in favor of non- parties.
11. NO CONTINGENCY: You acknowledge and agree that we did not require you to obtain any other product or service from us, or anyone else, in order to obtain your loan. 12. BANKRUPTCY: You certify to us that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code. 13. NOT MILITARY: You certify to us that you are not a member of the military or the spouse/dependent of a military member.
14. CREDIT REPORTING: We may report information about your loan and your payment behavior to one or more consumer reporting agencies. Late payments, missed payments, defaults, or other reportable events may be reflected on your credit report and may have a negative impact upon your credit ratings. 15. RESCISSION: You can rescind your loan without incurring any fee by returning, in full, the amount borrowed on or before 3:00 p.m. Pacific Time of the business day following the day on which you received your funds (the "Rescission Deadline"). To illustrate, if you received loan proceeds on a Monday, you have until 3:00 p.m. Pacific Time Tuesday to return the full amount borrowed and rescind your loan (since the weekend is not considered a business day for us, you would have until Monday if you received your loan proceeds on a Friday). You must rescind your loan in writing before the Rescission Deadline, by emailing ***************@***************.*** of (i) your decision to cancel this Loan Agreement and (ii) your authorization for us to debit your bank account for full principal amount of your loan. At your option you may send a check or money order for the full amount, but it must arrive by the Rescission Deadline. If you do not return your loan proceeds by the Rescission Deadline then your attempted rescission will not be valid and you must abide by all repayment obligations in this Agreement. 16. DEFAULT: You will be in default under this Loan Agreement if: (a) you provide any false or misleading information; or (b) you fail to make any payment when due within three days of being due or your payment is returned unpaid for any reason. When your loan is in default you have ten days after we notify you to cure the default. If you do not cure a default within the allowed time, we may, at our sole option, agree to permit you to correct a payment default by modifying your Loan Schedule and/or payment amounts (a “Payment Arrangement”), or we may also extend the payment schedule of your loan if you still have an outstanding balance at the conclusion of your loan.
17. CHANGES: We reserve the right to change the terms of this Agreement at any time with notice to you as required by Tribal law and applicable U.S. federal law. Such changes may apply to the loan and any current amount of outstanding principal and any future payments, but no unilateral change to repayment terms shall work to your detriment. We also reserve the right to lower your interest rate and provide you with an updated payment schedule. By continuing to pay the loan, you are accepting the change in terms and will remain obligated to repay your loan in full. If you choose not to accept the changes, you may contact Customer Service to close your account. If you close your account, you will still be required to repay all amounts that you owe on your loan pursuant to the continuing terms of this Loan Agreement. 18. AGREEMENT TO RECEIVE NOTICES ELECTRONICALLY: You acknowledge that when you were approved for a loan, you agreed to the terms of our Application Authorization and Electronic Communications Consent. Pursuant to that authorization, you agreed that any disclosures and other information required by the Truth in Lending Act, Regulation Z, The Electronic Funds Transfer Act, Regulation E, The Equal Credit Opportunity Act, Regulation B, Title V of the Gramm-Leach- Bliley Act, Regulation P (or its applicable equivalent), The Fair Credit Reporting Act, and/or any other provision of applicable U.S. federal or Tribal Law or regulation may be delivered to you electronically. Except as otherwise provided in this Loan Agreement, you specifically agree that all notices required to be sent to you are effective when emailed or delivered to your last known mail or e-mail address as identified in our records. We may send you emails related to your account, including payment reminders, confirmations of changes or other account activities, and collection notices if applicable. These emails may be sent by us and/or received by you at any time of day, including between the hours of 9:00 p.m. and 8:00 a.m. in your local time zone. Your electronic signature on this Loan Agreement and your obtaining a loan from us constitutes your prior consent to receive these emails from us, regardless of the time of day that they are sent or received. In addition to the communications covered by the Electronic Communications Consent, you agree that we may send or provide by electronic communication any notice, communication, disclosure amendment or replacement to the Loan Agreement. All notices to us from you should be sent to Clear Air Lending, 1545 East Highway 20. Nice, CA 95464-8619 or emailed to ***************@***************.***.
19. ADDITIONAL PROVISIONS: The parties do not intend the benefits of this Agreement and the associated Arbitration Agreement to inure to any third party, unless expressly stated herein, and nothing contained herein shall be construed as creating any right, claim or cause of action in favor of any such third party. Subject to the terms of the Arbitration Agreement below regarding the Class Action Waiver as defined below, if any part of this Loan Agreement is found invalid or unenforceable, the rest of the Loan Agreement will remain in effect, valid and enforceable.
20. PUBLICITY: You grant to us the right to make any commercial or noncommercial use of your statements and opinions about Clear Air Lending and its products and services (whether made to us or to a third party), as well as your name and image, for advertising, publicity, and any other legal purpose. 21. ASSIGNMENT AND WAIVER: You may not assign this Loan Agreement to any other party. We may assign this Loan Agreement or delegate any or all of our rights and duties under this Loan Agreement to any third party without notifying you. We may engage service providers (i.e. government contractors) to provide services to you in furtherance of this Loan Agreement and you agree that so long as those service providers are acting on our behalf or in our stead, all limitations, waivers, immunities, agreements, and indemnifications herein shall apply to those service providers on the same basis as us. No delay or omission by us in exercising any rights or remedies hereunder shall impair or waive such right or remedy. 22. ENTIRE AGREEMENT: This Loan Agreement and any other written agreement you entered with us in obtaining this loan constitute the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. Subject to the provision above regarding "Changes," this Loan Agreement and any other written agreement you entered into with us in obtaining this loan may not be modified except by written amendment signed by both parties. 23. PRESERVATION OF SOVEREIGN IMMUNITY: This Loan Agreement and all related documents are being submitted by you to us as an economic arm, instrumentality, and company owned and operated by the Tribe. The Tribe is a federally recognized Tribe. The Tribe and its economic arms possess sovereign immunity. Because we and the Tribe are entitled to sovereign immunity, you will be limited as to what causes of action, if any, may be available to you to seek relief against the Tribe and us regarding a dispute (as defined in Section 24) arising from or related to this Loan Agreement. It is the express intention of the Tribe, and us operating as an economic arm of the Tribe to fully preserve, and not waive either in whole or in part, sovereign immunity, and any other rights, titles, privileges, and immunities to which we and the Tribe are entitled, except with respect to this Loan Agreement. Clear Air Lending grants a limited waiver of its sovereign immunity only as to (i) the arbitration procedures and dispute resolution process as set forth in this Arbitration Agreement,
(ii) claims made under the Governing Law, and (iii) registering and enforcement of a final arbitration award in the Chosen Forum (defined below). This limited waiver of sovereign immunity shall terminate the later of (a) four years from the date of this Loan Agreement, or (b) one year after the issuance of a final arbitration award
(defined below) pursuant to the Arbitration Agreement. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. For the avoidance of doubt, the Tribe and Clear Air Lending are not waiving their sovereign immunity with respect to the law of the state where you reside or any other state. Notwithstanding any other provision of this Loan Agreement or Arbitration Agreement, the terms of this Loan Agreement and Arbitration Agreement do not and shall not be construed to cause you to waive any right afforded to you by applicable U.S. federal law, with the exception of the waiver of your right to a jury trial, as well as the waiver of your right to act as a class representative and to bring class claims. 24. BINDING CONFIDENTIAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL AGREEMENT: We both agree that any disputes arising from or related to this Loan Agreement of any nature whatsoever, including, without limitation, claims and demands for money damages, statutory penalties, equitable or injunctive relief, and/or challenges to the sovereign immunity of Clear Air Lending or any of the related third parties (defined below) (collectively “dispute” or “disputes”) will be decided pursuant to the terms set forth in the Binding Confidential Arbitration Agreement, Class Action Waiver and Jury Trial Agreement below (the "Arbitration Agreement") unless you timely opt out of such process as set forth below. The terms
“dispute” or “disputes” shall have the broadest possible meaning. What is Arbitration. Arbitration is a confidential process in which persons with a dispute waive their rights to have disputes resolved by a court or jury. Instead, the parties agree to submit all claims and disputes to a neutral third person (an "arbitrator") for an award or decision. Arbitration proceedings are private and less formal than court proceedings. Other rights that you or we might have in court, such as the right to appeal, generally are more limited in arbitration. A final arbitrator's non-appealable award, decision, or judgment by an arbitrator, appellate arbitrator(s), or court of competent jurisdiction (“final arbitration award”) is binding on both you and us, except to the extent the final arbitration award may be appealed pursuant to the Appellate Rules (defined below) or vacated, modified, or corrected under the Federal Arbitration Act, 9 U.S.C. §§1-16
("FAA").
Agreement to Arbitrate. Unless prohibited by federal law, you and we agree to arbitrate all disputes through confidential binding individual arbitration. Claims regarding the validity, scope, arbitrability or enforceability of this Arbitration Agreement and the Loan Agreement, will be determined by an arbitrator. What Rights You are Waiving. Since both you and we agree that we will resolve all disputes through individual arbitration, (a) WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL; and (b) ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU AND WE ARE WAIVING THE ABILITY TO SERVE AS A PRIVATE ATTORNEY GENERAL OR BRING A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING (the "Class Action Waiver").
What is Covered. All disputes as set forth in Section 24 of the Loan Agreement. Who is Covered. This Arbitration Agreement, in addition to us, the Tribe, and you, covers our and your heirs, successors, representatives, and assigns, and any of our and the Tribe’s direct or indirect parent companies or entities, affiliated entities, banks, payment processors, vendors, or service providers, and each of their employees, agents, representatives, directors, officers, shareholders, governors, managers, members, assigns, and other affiliated persons (hereinafter collectively referred to as “related third parties”). What Law Applies to This Arbitration Agreement. This Arbitration Agreement involves interstate commerce. It shall be governed by and subject to the FAA for all purposes. The Arbitrator shall decide all disputes in accordance with the Governing Law and tribal sovereign immunity. Opting Out of Arbitration. You (but not we) shall have the right to opt out of this Arbitration Agreement, at any time within 21 calendar days following your signing of this Loan Agreement. To opt out of this Arbitration Agreement, you must provide us written notice either by certified, registered, or return-receipt requested mail to us at the following physical address: 1845 East Highway 20, Nice, CA 95464-8619, Attention: Arbitration Opt Out or via email to ************@***************.***. The written notice must include your full name, address, account number, phone number, and the statement that "I reject the Arbitration Agreement contained in my Loan Agreement" and be physically or electronically signed by you. Notice is considered delivered when postmarked if sent by mail or delivered if sent by email. If you opt out of this Arbitration Agreement, all other parts of the Loan Agreement remain in full force and effect. Steps Before Arbitration. Before filing an arbitration, we each agree to attempt to resolve the underlying dispute informally and on an individual basis. The party that believes they have a dispute should email or write the other party explaining the details of the potential dispute and a proposed resolution. If you need to contact us, please email us at **********@***************.*** if you and we cannot resolve the underlying dispute within 15 days of the start of the informal process, either you or we may start arbitration pursuant to the Arbitration Agreement. All settlement offers and discussions made during the informal process are confidential and neither you nor we can disclose them to the arbitrator. If you are represented by an attorney or settlement company, that representative must send you a copy of all settlement offers from us. You may not proceed with any suit or claim until you have participated in informal dispute resolution with us. Starting the Arbitration Process. If either party or a related party has exhausted informal options in resolving a dispute, that party may send the other party by certified mail a written notice to commence arbitration. The written notice must describe all elements of the legal basis upon which relief is sought in the arbitration and the relief requested. Regardless of who demands arbitration, you have the right to choose between the American Arbitration Association (1-800-***-****) or http://www.adr.org; or JAMS
(1-800-***-****) or http://www.jamsadr.com, to administer the arbitration. If one or more arbitration administrators or arbitrators are unable or refuse to act as an administrator or arbitrator, then the parties shall select a mutually agreeable administrator or arbitrator to address the arbitration demand(s). If you demand Arbitration, you must inform us of the arbitration organization you have selected in your notice to arbitrate. If we or a related third party demand arbitration, you must notify us in writing of your choice for an arbitration organization within ten (10) days of receiving an arbitration notice. If you fail to choose an arbitration organization by the deadlines, we will have the right to choose one. Responding to an Arbitration Request. The party receiving notice of
Contact this candidate