Preview
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
This is a copy of an authoritative
document
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022
LOAN SUMMARY
Loan ld 8424
Primary Barrower Contact Information
Full Real Name: WI
Screen Name:
Email:
Address: 27 S OHIOVILLE RD
NEW PALTZ, NY 12561
Home Phone: 845-558-9570
Cell or Work Phone: S03-450-2000
Loan Information
Loan Issue Date: 1 18
Original Loan Amount $1 0 .00
Principle Balartce: $17,0
-ª
Principle Balance Date: 9/3/19
Payoff Balance: $19,149.13
Payoff Dale: 9/4/19
Loan Documents
Document Name Datestme Document Version
n
rfer A .reem -. 1 PST
S o ' Nod It/1 I 0325 AM PS L 'EC V
nL ing s losure 11/11/11 03 S AM P L ˆC V 1
o I lectro il< Tran a lio 11/U /1 ; 03©
3 AM P RED_,' 8
of s arÆ C insent and Disc s re S :_V
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" Prolileu I caton 11/1 03© AM h L EC_V
 fzation fotmatic N yment 1V1: /1 : 03'2.
1 AM S L EC V
document
The authoritative is maintained
by LandingGlubCorporation
and this copy was created
Sep 03 2019 08:05:37
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
LoanlD:1000-143458424 This is a copy of an authoritative
document
NYSCEF
Date
DOC. NO.
Signed: 11/12/2018
8 RECEIVED NYSCEF: 10/10/2022
Borrower Agreemerit
(January2018)
("you"
The following Borrower
Agreement is between
("Agreement") you and "your" mean each and every borrower, any joint
including
and WebBank, a Utah-chartered bank("we,"or "us"). This governs the process
applicant/co-borrower) industrial Agreement by which you
may make a request for a loan from us through
or requests the website thereof, or other
including any subdomains
Lendingelub.com,
channels
application offered by us (collectively,
the "Site") and operated
by LendingClub
Corporation If you make a loan
("LendingClub").
request,andifthat results
request inaloan is
that approved and issuedbyus,then yourloan be
w[ll governedby thetermsof the Loan
Agreement and PromissoryNote, which is attached as Exhibit A, and as it may be revised
to this Agreement from time to time. The version
will apply to any loan made in response
in effect when you make a loan request to that request, loan would
and any secondary be governed
by the terms of the document
then in effect, This
Agreement will rema n in effect for the applicable
loan, and will terminate
if your loan request
is cancelled,
withdrawn,or d n .
BY ELECTRONICALLY S ING THI GREEM , GU E Sln IFIED YO AGREE N ESE TERMS,
'
L Loans. Under this Agree you c equesta I stJh nt loan iss n d and o
n ted by ut1 ats cilitated
throughthe Site. When
you make a request,
you agree ve i pal the loan that na / be made I e o th at request,
subjectto your rightto
cancelthe request as
before closing scrib ectionH elow, Your a:7 rement means gree t0i ay the money provided
by us to
the Loan Agreement
you and to abide by the terms of this Agreement and PromissoryNote, and all other agreements
or disclosures
provided the loan process
to you during and whichmay be found in your
LendingClubaccountAny dispute or any
with us, LendingClub
subsequent holderof the Loan Agreement
and PromissoryNote will be resolved subject
by binding arbitration, to your right to opt out as set
is subject
forth below. Each loan request to our credit in effect at the time of your loan request.
criteria
'
cc t Vt Pi 4 r rsta. that if nable ou± r any r n c+0 ppli r.
on r I arequ :swdinete pos e e Sit, d th ee:n nt illet n inate.
. ...oaequ uts. Yo 1i ay po at
quaitin I an requet n h it. Younay not oitmor tan n loan teuest o1he it tim >
n I you n it nave rio
e than two loa is o
s andinga a y t iv
n e. Yt u
nay p s a10 r t 31e, and LEndin
in the I
i vistors v be ab a
s ors") wil o reveuyo st.n est ma ommit tc (1) pu c
ase c loan I y
ubseiuintly c |iring7
1 d i itself from u, AgClul "tr
or Leiri (ii) lifCst
indir n your th h tT1 purciine
of ritieisued Lendir gelub.
acknowledge commitment to invest
that an Investor's in all or a portion loan does
of your not confer any rights
to you or obligate
us to issue
that Investors
your loan. You understand make their own decisions
whether to invest
in your loan. Finally, LendingClub
may also chooseto
invest but is not obligated
in all or part of your loan request, to do so.
to give you a partial funding option, if necessary,
We may elect in our sole discretion whichrneans your loan will be issued
if it receives
' -
commitrnents t g less than mount reqt. d 10tr(s t to ppl imt an e
-
WE DO NOT % A inand So e I.Th li ilixoff_nyjjoint
applicant/co-borrower
addit'
under this Agreement
and r the Lo reemen a d a i soryNc .e is in to and noi lieu of the obligations
of the primary
borrower.
The jointapplican borro greesto b eb e terms a ici condition
this Agre er t, .he Loan Agreement
and
PromissoryNote and any othe eme do nttEs if an origin
I ;ignatory.
We and our successorsand assignshave sole discretion
o proceed,at a~nytime, against under this Agreement,
any party resjonsible
instructions
Further, we can accept from either you or the joint applicant/co-borrower,
and notice can be given to either you or the joint
and shall be binding
applicant/co-borrower, on both and deemed received
by all parties,
12. TCPA Consent & Privacy. any current or prior election
Notwithstanding to opt in or opt out of receiving telemarketing
calls or SMS
messages text messages)
(including from us, our agents,
representatives, or anyone
alliliates, calling on our behall, you expressly
consent
obe acte l.y[|sauragent epre e itativ s, of a e IIir r;ourb ±alforan alpur -user rI ig o t ofr
'
r hti o yout acco !n , atany
k an an( Ar telp one nu b r, i r
h I or etroni;iddress which yr u
fide or a a b
r c ch n ty coni V ,.you
. You Egr se we n in ay, includ S vi sage : ncludig text m ag s callsr ing pr: re cor
e saf e
r trtific
I oic :, and cCIF and n r
sage ; s eled using a el o e diali
g syst tr j or a
a ir textin ! systern
/ utoa
e ssages ,Le play: d whenm teler hr ne swe d whet er ou >r amec ntelse,I the t nt thai
a i agenc rep e tative
s, he or shaay als AsaveGa assa a on yo ering t hin. ic all, or a ±nd oia t1
You consent SMS messages
to receive text messages),
(including calls and messages prerecorded
(including and artificial voice and
from us, our agents,
autodialed) aflillates or anyone
representatives, you have provided
calling on our behalf at the specific number(s) to us,
or numberswe can reasonablyassociatewith your account
(through caller ID capture
skip trace, or othermeans),with information
or
questionsabout your loan and/or
application, account.You certify, warrant
and representthat the telephone
numbers that you have
'
providedto us: e your contact
n rs. You re nt t ou Eepe d to 've ' ch of et na numhars you have
providedto us. Ynu ree to u ry stoprs ng t t lept o r.
Your cellular or rr abile
e p o e provide il carge you t i th
rdirn pe of pln yoL crry. You a s
a hat we n ay contact you by
e-mall, using any emailr you hav ro-d d to us or yo J 3ro i to us in t
e ft te. We may Iten Ind/or
re ;ord
phone calls
between you and our r
p s tives itout no e ou as r ult ed applicabl w. F r examIt e list
r to anc racord
calls for
quality monitork ses.
13. Assignment; Registrationof Note Owners, Termination,We may assign this Agreement
and the Loan Agreementand Promissory
under this Agreement
Note, or any of our rights or the Loan Agreement
and PromissoryNote, in whole or in part at any time. You further
understand,acknowledgeand agree that LendingClub
or anotherthird party rnay further sell, assign
or transfer
your Loan Agreementand
Prornissory documents
Note and all associated related to the and the Loan Agreement
and inlormation and PromissoryNote without
your
consent to the registration
or notice to you (subject requirementbelow). You may not assign, sublicense
transfer, or otherwise
delegate
your rights or obligations
under this Agreement
to anotherpersonwithoutour prior written
consent.
Any such assignment,transfer,
sublicenseor delegation
in violation
of this section
13 shall be nulf and void.
You hereby appoint
LendingClubas your agent
(in such capacity, the "Note
Registrar")br the purposeof maintaining
a book-entry
system
(the "Register") the names and addresses
for recording of any owner of beneficiallnterests
in this Note (the "Note
Owners") and the
principal
amounts on this Note owing to each pursuant
and Interest to the terms
hereof from time to time. The
personor personsidentified
as the Note Owners shall be treated
in the Register of this Note for purposes
as the owner(s) of receiving
payment of principal
and interest
on suchNote and for all other purposes.
With respect
to any transfer
by a Note Ownerof its beneticial interest
in this Note, the right to
payment of principal on this Note shall not be effective until the transfer
and interest is recorded
in the Register.
We may terminate and your ability to make loan requests
this Agreement at any time. If you committed fraud or made a misrepresentation
in
connectionwith your registration or request
on the Site or any application performed
for a loan, anyprohibited or
activity,otherwisefailed
to
ablde by the terms we will have all remedies
of this Agreement, authorized
or permitted
by this Agreement
and applicable
law.
The authoritative
document is maintained
by LendingClub and this copy was created
Corporation Nov 12 201811:24:55
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
This is a copy of an authoritative
document
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022
14. EntireAgreement. ThisAgreement,and any Loan Agreementand PromissoryNote that may be agreed for a loan, represent
the
agreement
entire between you and us regarding
the subject
matter hereof and supersede
all prior or contemporaneous
communications,
promisesand proposals,whetheroral, written or electronic,
between us with respect
to your foan request
and loan. TheWebBank Privacy
Notice attached
as Exhibit B is incorporated into this Agreement.
by reference
15.Electronic Transactions.THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND
DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE.
16. Notices.All notices
and othercommunicationsto you hereunder
may be given by email to your registered
email addressor posted
on
your AccountSummary on the Site, and shall be deemed to have been duly given and effective upon transmission.
You acknowledgethat
you have control
of such email account
and your AccountSummary on the Site and that communications
from us may contain
sensitive,
and
confidential, collectionsrelated
communications.
Ifyourregistered
emailaddress changes,you mustnotify LendingClub
of the change
by sendingan email to support@lendingclub.com
or calling 888-596-3157,
You also agree to update
your registered
residenceaddress and
telephonenumber on the Site if they change.
17. NO WARRANTIES. EX P EXP FC R MENT, Of TATIONS OR
WARRANTIES TO YOU, IN DING, B OT U T D TO IMPL E ) WARRA S OF CF ANTABfLITY OR FlTNESS FOR A
PARTICULAR PURPOSE,
18. LIMITATION ON LIABILI . NO NT S W E 1E LIABLE T )/OU FOR LOST OF T 3 OR SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR PUNITIVE GE F INEQ RMED OF TlLE.POSSIBILIT H DALGES. FURT HERMORE, WE
MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR
FOREIGN, FEDERAL, STATE OR LOCALTAX LIABILITY.
19. Choice of Law. We are located
in the state of Utah and this Agreement
is entered
into in the state of Utah, The
provisions
of this
Agreement will be governed
by federal laws and the laws of the state of Utah to the extent
not preempted,
withoutregard to any principle of
'
c gict lawg_D ir r per the ap r t[an of ti-e laws of any.th n. .
0 Ms ellan x us. Te parties
ag_n I g t at therer nu tir rty ter
e ciane:to this e ent (ott et than Landir
lub .ny
aver o bre R1 of an/rovisinof thigr e ent will n
t be a ai er of aotherst bsequ n brec 7. Failt rf
or dehyby ite rty to
nurce n term or con li
on of t 11:Agr
et e t ill not co
s tuie I er of s !ch ter:n
at conit . a any time after t 1µ dat
o h
g eemen a / of the p o
isions
o this g ee e t shal hel 1ya omiof comg eient ju
is ictiot 3be illeg 11,void o
une f able
h provisio liall
beat o forceand t, but ality arune of wh
eablity pr ion 01 have an effecta0on
a all ns
impair the enforceability
of any other provisions
of this Agreement,
The headingsin this Agreement
are for reference
purposes only and
shall not affect the interpretation
of this Agreement
in any way.
21.Arbitration.RESOLUT ION OF DISPUTES: YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT UMITS
YOUR RIGHTS IN THEEVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT
" orrnwer"
THIS PROVISlflN AS PROVIDED . ARAGRAP BEL If yrmare over as.lefi by litaqLLeadg Act (32
'
CFR §232, as i. n d from t e at e f en eng ini)
his e , is e Arlit ion is n (plca le, and you do
not need to opt o
ta o ak y actiono s re inappli lity.
a. Either party
o his A re 1 t, or any ,
bs q nt holder, , r t 4s
I electionr -qu re that the sak
and ×clusive forum and remedy
for resolution
o Clai b fi I nd bý i garbi h ursua to thise tion21(t e"Ami ration
P ads on"),r less you opt out as
s- ' ''
providedin se 414 below, d in this Arbi n Provisi ,G shalli e prmnt, 'eturec aindispute,or
controversyinvolving you (or persons
claiming through
or connected
with you), on the one hand, and us and/or
any subsequent holder (or
persons claiming through
or connected
with us and/or the subsequent on the other hand,
holders), relating to or arising
out of this
Agreement,any Loan Agreementand Prornissory the Site, and/or the activities
Note(s), or relationships
that involve, lead to, or result
from
any oftheforegoing, (except
including tothe extentprovided
otherwisein the last sentence
of section
21(0 below) the validity
or
of this Arbitration
enforceability any part thereof,
Provision, or the entire Agreement.
Claimsare subject
to arbitration
regardlessof whether
they arise from contract;
tort (intentional
or otherwise);
a constitution, common
statute, of equity; or otherwise.
law, or principles Claims
include rnatters arising
as initial claims, counterclaims,
cross-claims, claims,
third-party or otherwise.
The scope of this Arbitration
Provision
is to be given the broadest
possibleinterpretation
that is enforceable.
b. You may opt out of this Arbitration
Provision for all purposes
by sendingan arbitration
opt out notice to WebBank,
clo LendingClub
71 Stevenson
Corporation, St., Suite 1000, San Francisco
CA, 94105,Attention:
Legal Department,
which is receivedat thespecified
address within 30 daysof the dateof your electronicacceptance of theterms of this
Agreement. The opt out notice must
clearly state that you are rejecting identify the Agreement
arbitration; to which it applies
by date; provide your name, address,
and social
number;
security by you. You may send
and be signed an opt out notice in any manner you see fit as long as it is received
at the specified
addresswithin the specified
time. No other methods
can be used to opt out of this Arbitration If the opt out notice is sent on your
Provision.
behalf by a third party, such third party must include evidence
of his Or her authority
to subrnit the opt out notice on your behalf.
c. If a Claim arlses,
our goal is to learn about and address
yourconcernsand, if we are unable
to do so to your satisfaction,
to provide you
with a neutral
and cost effective means of resolving
the disputequickly. You agree that before filing any claim in arbitration,
you may submit
The authoritative
document is maintained
by LendingClubCorporation
and this copy was created
Nov 12 2018f 1:24:55
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
This is a copy of an authoritative
document
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022
at any time, or by calling (888) 596-3157
an email to customeradvocacv@lendinaclub.cor·
Claims by sending from Mon-Fri 6:00 AM to 5:00
PM PT and Sat 8:00 AM to 5:00
PM PT.
The shall do so with the American Arbitration
party initiating arbitration Association
(the "AAA") or Judicial Alternatives
and Mediation
Services ("JAMS"). The
arbitration
shall be conducted
according shall be determined
to, and the location of the arbitration in accordance
with, the rules and policies
of the administrator except to the extent the rules conflict with this Arbitration
selected, Provision
or any
law.
countervalling If
you have anyquestionsconcerningtheAAAor would like
toobtaina copyoftheAAA arbitration
rules.youmay c
Preview
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 This is a copy of an authoritative document NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022 LOAN SUMMARY Loan ld 8424 Primary Barrower Contact Information Full Real Name: WI Screen Name: Email: Address: 27 S OHIOVILLE RD NEW PALTZ, NY 12561 Home Phone: 845-558-9570 Cell or Work Phone: S03-450-2000 Loan Information Loan Issue Date: 1 18 Original Loan Amount $1 0 .00 Principle Balartce: $17,0 -ª Principle Balance Date: 9/3/19 Payoff Balance: $19,149.13 Payoff Dale: 9/4/19 Loan Documents Document Name Datestme Document Version n rfer A .reem -. 1 PST S o ' Nod It/1 I 0325 AM PS L 'EC V nL ing s losure 11/11/11 03 S AM P L ˆC V 1 o I lectro il< Tran a lio 11/U /1 ; 03© 3 AM P RED_,' 8 of s arÆ C insent and Disc s re S :_V )nic. e 11/t/1 I 03© AM S REDJ 8: V3 " Prolileu I caton 11/1 03© AM h L EC_V Â fzation fotmatic N yment 1V1: /1 : 03'2. 1 AM S L EC V document The authoritative is maintained by LandingGlubCorporation and this copy was created Sep 03 2019 08:05:37 FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 LoanlD:1000-143458424 This is a copy of an authoritative document NYSCEF Date DOC. NO. Signed: 11/12/2018 8 RECEIVED NYSCEF: 10/10/2022 Borrower Agreemerit (January2018) ("you" The following Borrower Agreement is between ("Agreement") you and "your" mean each and every borrower, any joint including and WebBank, a Utah-chartered bank("we,"or "us"). This governs the process applicant/co-borrower) industrial Agreement by which you may make a request for a loan from us through or requests the website thereof, or other including any subdomains Lendingelub.com, channels application offered by us (collectively, the "Site") and operated by LendingClub Corporation If you make a loan ("LendingClub"). request,andifthat results request inaloan is that approved and issuedbyus,then yourloan be w[ll governedby thetermsof the Loan Agreement and PromissoryNote, which is attached as Exhibit A, and as it may be revised to this Agreement from time to time. The version will apply to any loan made in response in effect when you make a loan request to that request, loan would and any secondary be governed by the terms of the document then in effect, This Agreement will rema n in effect for the applicable loan, and will terminate if your loan request is cancelled, withdrawn,or d n . BY ELECTRONICALLY S ING THI GREEM , GU E Sln IFIED YO AGREE N ESE TERMS, ' L Loans. Under this Agree you c equesta I stJh nt loan iss n d and o n ted by ut1 ats cilitated throughthe Site. When you make a request, you agree ve i pal the loan that na / be made I e o th at request, subjectto your rightto cancelthe request as before closing scrib ectionH elow, Your a:7 rement means gree t0i ay the money provided by us to the Loan Agreement you and to abide by the terms of this Agreement and PromissoryNote, and all other agreements or disclosures provided the loan process to you during and whichmay be found in your LendingClubaccountAny dispute or any with us, LendingClub subsequent holderof the Loan Agreement and PromissoryNote will be resolved subject by binding arbitration, to your right to opt out as set is subject forth below. Each loan request to our credit in effect at the time of your loan request. criteria ' cc t Vt Pi 4 r rsta. that if nable ou± r any r n c+0 ppli r. on r I arequ :swdinete pos e e Sit, d th ee:n nt illet n inate. . ...oaequ uts. Yo 1i ay po at quaitin I an requet n h it. Younay not oitmor tan n loan teuest o1he it tim > n I you n it nave rio e than two loa is o s andinga a y t iv n e. Yt u nay p s a10 r t 31e, and LEndin in the I i vistors v be ab a s ors") wil o reveuyo st.n est ma ommit tc (1) pu c ase c loan I y ubseiuintly c |iring7 1 d i itself from u, AgClul "tr or Leiri (ii) lifCst indir n your th h tT1 purciine of ritieisued Lendir gelub. acknowledge commitment to invest that an Investor's in all or a portion loan does of your not confer any rights to you or obligate us to issue that Investors your loan. You understand make their own decisions whether to invest in your loan. Finally, LendingClub may also chooseto invest but is not obligated in all or part of your loan request, to do so. to give you a partial funding option, if necessary, We may elect in our sole discretion whichrneans your loan will be issued if it receives ' - commitrnents t g less than mount reqt. d 10tr(s t to ppl imt an e - WE DO NOT % A inand So e I.Th li ilixoff_nyjjoint applicant/co-borrower addit' under this Agreement and r the Lo reemen a d a i soryNc .e is in to and noi lieu of the obligations of the primary borrower. The jointapplican borro greesto b eb e terms a ici condition this Agre er t, .he Loan Agreement and PromissoryNote and any othe eme do nttEs if an origin I ;ignatory. We and our successorsand assignshave sole discretion o proceed,at a~nytime, against under this Agreement, any party resjonsible instructions Further, we can accept from either you or the joint applicant/co-borrower, and notice can be given to either you or the joint and shall be binding applicant/co-borrower, on both and deemed received by all parties, 12. TCPA Consent & Privacy. any current or prior election Notwithstanding to opt in or opt out of receiving telemarketing calls or SMS messages text messages) (including from us, our agents, representatives, or anyone alliliates, calling on our behall, you expressly consent obe acte l.y[|sauragent epre e itativ s, of a e IIir r;ourb ±alforan alpur -user rI ig o t ofr ' r hti o yout acco !n , atany k an an( Ar telp one nu b r, i r h I or etroni;iddress which yr u fide or a a b r c ch n ty coni V ,.you . You Egr se we n in ay, includ S vi sage : ncludig text m ag s callsr ing pr: re cor e saf e r trtific I oic :, and cCIF and n r sage ; s eled using a el o e diali g syst tr j or a a ir textin ! systern / utoa e ssages ,Le play: d whenm teler hr ne swe d whet er ou >r amec ntelse,I the t nt thai a i agenc rep e tative s, he or shaay als AsaveGa assa a on yo ering t hin. ic all, or a ±nd oia t1 You consent SMS messages to receive text messages), (including calls and messages prerecorded (including and artificial voice and from us, our agents, autodialed) aflillates or anyone representatives, you have provided calling on our behalf at the specific number(s) to us, or numberswe can reasonablyassociatewith your account (through caller ID capture skip trace, or othermeans),with information or questionsabout your loan and/or application, account.You certify, warrant and representthat the telephone numbers that you have ' providedto us: e your contact n rs. You re nt t ou Eepe d to 've ' ch of et na numhars you have providedto us. Ynu ree to u ry stoprs ng t t lept o r. Your cellular or rr abile e p o e provide il carge you t i th rdirn pe of pln yoL crry. You a s a hat we n ay contact you by e-mall, using any emailr you hav ro-d d to us or yo J 3ro i to us in t e ft te. We may Iten Ind/or re ;ord phone calls between you and our r p s tives itout no e ou as r ult ed applicabl w. F r examIt e list r to anc racord calls for quality monitork ses. 13. Assignment; Registrationof Note Owners, Termination,We may assign this Agreement and the Loan Agreementand Promissory under this Agreement Note, or any of our rights or the Loan Agreement and PromissoryNote, in whole or in part at any time. You further understand,acknowledgeand agree that LendingClub or anotherthird party rnay further sell, assign or transfer your Loan Agreementand Prornissory documents Note and all associated related to the and the Loan Agreement and inlormation and PromissoryNote without your consent to the registration or notice to you (subject requirementbelow). You may not assign, sublicense transfer, or otherwise delegate your rights or obligations under this Agreement to anotherpersonwithoutour prior written consent. Any such assignment,transfer, sublicenseor delegation in violation of this section 13 shall be nulf and void. You hereby appoint LendingClubas your agent (in such capacity, the "Note Registrar")br the purposeof maintaining a book-entry system (the "Register") the names and addresses for recording of any owner of beneficiallnterests in this Note (the "Note Owners") and the principal amounts on this Note owing to each pursuant and Interest to the terms hereof from time to time. The personor personsidentified as the Note Owners shall be treated in the Register of this Note for purposes as the owner(s) of receiving payment of principal and interest on suchNote and for all other purposes. With respect to any transfer by a Note Ownerof its beneticial interest in this Note, the right to payment of principal on this Note shall not be effective until the transfer and interest is recorded in the Register. We may terminate and your ability to make loan requests this Agreement at any time. If you committed fraud or made a misrepresentation in connectionwith your registration or request on the Site or any application performed for a loan, anyprohibited or activity,otherwisefailed to ablde by the terms we will have all remedies of this Agreement, authorized or permitted by this Agreement and applicable law. The authoritative document is maintained by LendingClub and this copy was created Corporation Nov 12 201811:24:55 FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 This is a copy of an authoritative document NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022 14. EntireAgreement. ThisAgreement,and any Loan Agreementand PromissoryNote that may be agreed for a loan, represent the agreement entire between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promisesand proposals,whetheroral, written or electronic, between us with respect to your foan request and loan. TheWebBank Privacy Notice attached as Exhibit B is incorporated into this Agreement. by reference 15.Electronic Transactions.THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. 16. Notices.All notices and othercommunicationsto you hereunder may be given by email to your registered email addressor posted on your AccountSummary on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledgethat you have control of such email account and your AccountSummary on the Site and that communications from us may contain sensitive, and confidential, collectionsrelated communications. Ifyourregistered emailaddress changes,you mustnotify LendingClub of the change by sendingan email to support@lendingclub.com or calling 888-596-3157, You also agree to update your registered residenceaddress and telephonenumber on the Site if they change. 17. NO WARRANTIES. EX P EXP FC R MENT, Of TATIONS OR WARRANTIES TO YOU, IN DING, B OT U T D TO IMPL E ) WARRA S OF CF ANTABfLITY OR FlTNESS FOR A PARTICULAR PURPOSE, 18. LIMITATION ON LIABILI . NO NT S W E 1E LIABLE T )/OU FOR LOST OF T 3 OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE GE F INEQ RMED OF TlLE.POSSIBILIT H DALGES. FURT HERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCALTAX LIABILITY. 19. Choice of Law. We are located in the state of Utah and this Agreement is entered into in the state of Utah, The provisions of this Agreement will be governed by federal laws and the laws of the state of Utah to the extent not preempted, withoutregard to any principle of ' c gict lawg_D ir r per the ap r t[an of ti-e laws of any.th n. . 0 Ms ellan x us. Te parties ag_n I g t at therer nu tir rty ter e ciane:to this e ent (ott et than Landir lub .ny aver o bre R1 of an/rovisinof thigr e ent will n t be a ai er of aotherst bsequ n brec 7. Failt rf or dehyby ite rty to nurce n term or con li on of t 11:Agr et e t ill not co s tuie I er of s !ch ter:n at conit . a any time after t 1µ dat o h g eemen a / of the p o isions o this g ee e t shal hel 1ya omiof comg eient ju is ictiot 3be illeg 11,void o une f able h provisio liall beat o forceand t, but ality arune of wh eablity pr ion 01 have an effecta0on a all ns impair the enforceability of any other provisions of this Agreement, The headingsin this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement in any way. 21.Arbitration.RESOLUT ION OF DISPUTES: YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT UMITS YOUR RIGHTS IN THEEVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT " orrnwer" THIS PROVISlflN AS PROVIDED . ARAGRAP BEL If yrmare over as.lefi by litaqLLeadg Act (32 ' CFR §232, as i. n d from t e at e f en eng ini) his e , is e Arlit ion is n (plca le, and you do not need to opt o ta o ak y actiono s re inappli lity. a. Either party o his A re 1 t, or any , bs q nt holder, , r t 4s I electionr -qu re that the sak and ×clusive forum and remedy for resolution o Clai b fi I nd bý i garbi h ursua to thise tion21(t e"Ami ration P ads on"),r less you opt out as s- ' '' providedin se 414 below, d in this Arbi n Provisi ,G shalli e prmnt, 'eturec aindispute,or controversyinvolving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent on the other hand, holders), relating to or arising out of this Agreement,any Loan Agreementand Prornissory the Site, and/or the activities Note(s), or relationships that involve, lead to, or result from any oftheforegoing, (except including tothe extentprovided otherwisein the last sentence of section 21(0 below) the validity or of this Arbitration enforceability any part thereof, Provision, or the entire Agreement. Claimsare subject to arbitration regardlessof whether they arise from contract; tort (intentional or otherwise); a constitution, common statute, of equity; or otherwise. law, or principles Claims include rnatters arising as initial claims, counterclaims, cross-claims, claims, third-party or otherwise. The scope of this Arbitration Provision is to be given the broadest possibleinterpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sendingan arbitration opt out notice to WebBank, clo LendingClub 71 Stevenson Corporation, St., Suite 1000, San Francisco CA, 94105,Attention: Legal Department, which is receivedat thespecified address within 30 daysof the dateof your electronicacceptance of theterms of this Agreement. The opt out notice must clearly state that you are rejecting identify the Agreement arbitration; to which it applies by date; provide your name, address, and social number; security by you. You may send and be signed an opt out notice in any manner you see fit as long as it is received at the specified addresswithin the specified time. No other methods can be used to opt out of this Arbitration If the opt out notice is sent on your Provision. behalf by a third party, such third party must include evidence of his Or her authority to subrnit the opt out notice on your behalf. c. If a Claim arlses, our goal is to learn about and address yourconcernsand, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the disputequickly. You agree that before filing any claim in arbitration, you may submit The authoritative document is maintained by LendingClubCorporation and this copy was created Nov 12 2018f 1:24:55 FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 This is a copy of an authoritative document NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/10/2022 at any time, or by calling (888) 596-3157 an email to customeradvocacv@lendinaclub.cor· Claims by sending from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The shall do so with the American Arbitration party initiating arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according shall be determined to, and the location of the arbitration in accordance with, the rules and policies of the administrator except to the extent the rules conflict with this Arbitration selected, Provision or any law. countervalling If you have anyquestionsconcerningtheAAAor would like toobtaina copyoftheAAA arbitration rules.youmay c