Motion for Writ in Velocity Investments Llc -vs- Senese Hamilton| Trellis.Law

On February 06, 2024 a Complaint,Petition was filed involving a dispute between Velocity Investments Llc, and Hamilton, Senese, for Consumer Debt - Non-Jury in the District Court of Cook County.

Preview
system Generated hearing Vale: 1/5/2U2Z9 F:UU AM q
Location: Court Room 1101 2/6/2024 9:15 AM
Judge: Allegretti, ) ohn Michael IRIS Y. MARTINEZ
TP136523 CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
20241103476
FIRST MUNICIPAL DISTRICT Courtroom, 1101
VELOCITY INVESTMENTS LLC 26281178
Plaintiff

Vv.

SENESE HAMILTON 20241103476
Defendant(s) Case No.
Return Date:

) Amount Claimed: $2,513.48

COMPLAINT AT LAW

VELOCITY INVESTMENTS LLC ("Plaintiff"), by and through its Attorneys, Resurgence Legal Group, PC,

complains of SENESE HAMILTON, ("Defendant(s)"), as follows:

1 VELOCITY INVESTMENTS LLC, or its predecessor-in-interest, issued a loan to Defendant and Defendant

agreed to pay all amounts due and owing pursuant to the Agreement attached hereto as Exhibit "A".

Pursuant to 735 ILCS 5/2-403, Plaintiff took assignment of the account as set forth in the Credit Card or Debt

Buyer's Collection Action Affidavit (Supreme Court Rule 280.2) attached hereto, made a part thereof, and marked

as Exhibit "A".

Thereafter, Defendant failed to make required payments on the account.

As set forth in the Credit Card or Debt Buyer's Collection Action Affidavit (Supreme Court Rule 280.2), there is

due and owing from Defendant(s) to Plaintiff
the sum of $2,513.48, of which no part has been paid, although

duly demanded (See Exhibit "A").

Defendant(s) reside(s) in the State of Illinois.

This Complaint is filed within the relevant statute of limitations.
WHEREFORE, Plaintiff demands a judgment against the Defendant(s) in the sum of $2,513.48, plus court costs.

Respectfully Submitted,
VELOCITY INVESTMENTS LLC
Plaintiff herein,

/s/ Conrad Noll IV, #6272795
RESURGENCE LEGAL GROUP, PC
By One of Its Attorneys
® Conrad Noll IV, #6272795
O Robert I. Dorf, #6328804
O Sharyn B. Barsky, #6215696
® Conrad Noll IV, #6272795
O Robert I. Dorf, #6328804
O Sharyn B. Barsky, #6215696
RESURGENCE LEGAL GROUP, PC
3000 Lakeside Drive, Suite 309-S
Bannockburn, IL 60015
877/440-0860
Email: [LAttorneys@ResurgenceLegal.com
Cook County Firm No. 47426
This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose
File TP136523

EXHIBIT “A”
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Servica.
DocuSign Envelope ID: F6A3493B-4181-473F-A250-FEE242465D1E

Promissory Note

Loan ID: 737

Upstart Borrower ID: TE

Lender:
FinWise Bank
756 E, Winchester Street Suite 100
Murray, Utah 84107

1 Promise to Pa or value received from FinWise Bank, a Utah state-chartered located in
Murray, Utah (“ nWi ise"
or “yh :”), 1 promise to pay to the order of FinWise or any sul it holder or
assignee of this Not fhe principal Bah $2; 306. vith intere t-thereot encing on the
origination date at q rate of simple ferest. I dge [that I have read and.
agree to be bound bt the agree: ite S in gion 17 bel é rejected the
provision as provided or #1 go ple id sub ing my loat pp tio am requesting a
Joan on the terms described in this Note. I und, stand and agfge that when you receive my application, and
this signed Note you are not agreeing to lend. money nd ou have the right not to make a loan to me. I
‘understand that I am not bound by the terms and conditions set forth in this Note until you have funded a Loan.
Tf you decide to make a Loan to me, I agree to be bound by the terms of this Note.
2. Payments. This Note iis payable in 60 _ monthly installments of $74.89 each.

a
consisting of principal nd terest, comme: 2 OD and tinuing on the
same day of each si Ssive gnth thereaft until Jan 2027 which
is the maturity dat¢ of this Not nt dye of the|month, and the
following month 8 not have 29th, 30th. he i y (pay m1 ill bd duc in the last day of
the month in whic! |e paymer
of the then-remaining_princip 5 unpaid ace!
ue unles off

will be applied first to aly unpaid fees incurred
d i
at ea injwriting.
a al
et this
@ Fesulh oe Tait aaa payments or returned bank
payment will consist
te. All payments

drafts or checks, as provided in Section 4 below; to y late charges then due; then to any interest then
due: and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid
interest or other charges will be added to principal.
3 Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has
been paid. Interest under this Note will accrue on a daily basis on the unpaid principal balance (including my
origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of
rounding, my final payment may be more (or less) than my regular payment. I acknowledge that if I make my
payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in
a substantially higher final payment amount. The interest rate I will pay will be the rate I will pay both before
and after any default unless and until my loan is charged off.

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:32:42 AM.
Copy of the Electronic Original® document managed by the eCore® On Demand (EOD™) Servica.
DocuSign Envelope ID: F6A3493B-4181-473F-A250-FEE242465D1E

4. Fees. | agree to pay the following fees to the extent permitted by applicable law:

Fee Frequency Description

Originatio 8.0% One time This is a one-time fee and, except as provided in Section 10, is
Fee of the non-refundable. You will deduct from the loan proceeds before
Loan they are delivered to me.
Amount

Late The Per Tf I do not pay you the full amount of any monthly payment within
Payment greater of occurrence 10 calendar days of its due date, you may charge me a late fee.
Fee 5% of past Any payment received after 3:00 PM Pacific time on a business
due day is deemed received on the next business day.
amount or
$15

ACH $1 er If Automated Clearing House ("ACH") transft orghecks are
Return or rence rejected or returned for any reason, or fail du to insufficient funds

ns
Check ce t, t you m; chi fee. Each attempt
Refund Fee coll phy! consider a separate nsaction, sO an
or che fund fee: lb Ses} d for each failed
attemp

T authorize you to collect these fees using ACH transfers initiated by you from my designated bank account if T
have chosen this method of payment (see Section 6). Any fees you assess are immediately due. I
acknowledge and agree that the origination fee is part of my loan principal.
Members of the Armed Forces: Federal law provides importar protection to members of the Armed Forces
and their dependent: tinh;
member of the Ai ed Forces umd
o the extensio
her
f consumer cre
-penden
fo th coy
it. In gene:
eXce on ss t of o sumer credit to a
centdg rate of 36

ae
percent, This rate st includ pp tign or Joust 1 cost ssociated with
credit insurance pi jiums; for ancill: roduc old in ne ion flitth saction; any
application fee charged (oth an gett inal lic: es for dc dit, ation} or accounts); and
any participation fee c! d (othe nc di

5. Proceeds. | agree that the proceeds of my loan will be paid via an electronic fund transfer into the
deposit account I have identified in my loan application, or in such other manner as you determine. I
acknowledgement thal the timeliness of crediting proceeds to this account is dependent on the accuracy of the
information I provide, when I complete all origination activities, and prompt crediting by the financial
institution that holds my account. You are not responsible for the actions of the financial institution that holds
my account.

6. Method of Payment. I agree to pay the principal, periodic interest and any fees on this Note when
due. You have given me the choice of making my monthly payments by (i) an ACH or other electronic fund
transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated
by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San
Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer
authorization, then you will automatically transfer my first payment in the amount specified in the
authorization from my bank account, unless I cancel or modify this payment at least 3 business days before its
scheduled date by contacting you, as described in Section 13, or your bank, If my ACH bank transfers are
2

rejected or returned for any reason, I understand and agree that you may try to debit my account two more
times. I also agree you may apply the ACH return/check refund fee described in Section 4, subject to
applicable law, each time an ACH transfer is returned or rejected, I acknowledge that my financial institution
may also charge a fee in addition to your fee and you are not responsible for any such fees. All written
communications concerning disputed amounts, including any check or other payment instrument that (i) is
postdated and accompanied by adequate notice, (ii) indicates that the payment constitutes “payment in full” of
the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full
satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart
Loan Operations, P.O. Box 1503, San Carlos, CA 94070

7. Waiver of Defenses. Unless I am a “covered borrower” under the Military Lending Act, 10 U.S.C
§ 987, or except as otherwise provided in this Note or as required by applicable law, you are not responsible or
liable to me for the quality, safety, legality or any other aspect of any property or services purchased with the
proceeds of my loan. If] have a dispute with any person from whom I have purchased such property or
services, I agree to settle the dispute directly with that person

8. Certification. I agree that the proceeds of my loan will not be applied (i) in whole or in part to
postsecondary education: ses (i.e., tuition, fees, required equipment or supplies, room id board, or
other miscellaneous onal enises, incurred while [amm studying) at a college/univergity/Vecational school,
as the term “posts. dary education pen: o? lation Z,,42 FR 926.46 (b)(3), or
(ii) for any home p ase or refin;

9. Default an 8 th ons 0} pplicable sta right to notice and
to cure under applicable state flaw, I wil be de Tin defaulyfeach, an "Eventot Defiul of my obligations
under this Note if I: (i) fail to pay timely any eunt due der this Note; (ii) file or have instituted against me
any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv)
commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide
by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies

er
available to you under applicable law, including demand that I immediately pay all amounts due under this
Note. You reserve ths Q report loan payment delinquenigs of 30 days or longer t le or more
consumer reportin: encies ‘accordance with applicable law. I acknowledge these may e reflected in my
credit report. I agtee/to pay all ing, a d lings reaxqnable attorneys’
fees, to the greatest extent not p ohil ed bs ppli

10. Prepayments al P: ts3-E0 part at any time
without penalty. Any partial prepayment is to Lainst outstanding principal and does not postpone
the due date of any subsequent monthly installments u less you otherwise agree in writing. If I prepay this
Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note
are paid. In the event that I prepay my loan in full prior to its maturity date, any origination fee amount in
excess of 5% of the loan amount will be refunded to me on a pro-rated basis depending on the remaining term
of my loan. A partial pre-payment will not result in the refund of any origination fee amount.

Further, I understand I may request forbearance in accordance with your reasonable procedures and
requirements, and the decision to grant my request for forbearance shall be solely at your discretion. During
any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be
deferred to the extent permitted by applicable law. Except as described above, ] understand that J will remain
responsible for all interest accruing during any period of forbearance. I understand that any periods of
forbearance may increase my monthly payments during my loan term or, in limited cases, may extend my
repayment period unless prohibited by applicable law

11 Waivers. Unless [ am a “covered borrower” under the Military Lending Act, 10 U.S.C § 987, even if,
at a time when T am in default, you do not require me to pay immediately in full, you will still have the right to

do so if Lam in default at a later time. Neither your failure to exercise any of your rights, nor your delay in
enforcing or exercising any of your rights, will waive those rights. Furthermore, if you waive any right under
this Note on one occasion, that waiver will not operate as a waiver as to any other occasion. Subject to
applicable laws, I waive presentment, notice of dishonor, protest and all other demands and notices in
connection with the delivery, acceptance, performance or enforcement of this Note.

12 Assignment. I am not allowed to assign any of my obligations under this Note without your written
permission, I understand that you do not have to give me permission. I agree that you may assign or transfer
this Note or any of your rights to another person or entity. You may take these actions without notice or
consent from me. Any sale or transfer of my Note does not affect my rights and duties under this Note

13. Registration. You and I appoint Upstart Network, Inc., (“Upstart”) to act as a non-fiduciary agent.
Upstart will keep at its offices an electronic register of any transfer, assignment or sale of this Note (the
“Register 1”), The names and address of any person entitled to payments on my Note will be recorded in the
Register, Any assignment, participation or transfer of this Note or any of its rights shall be registered in the
Register and only if Upstart receives a signed assignment or similar agreement in a form reasonably acceptable
to the Register. You and I agree that beneficial ownership of all payments under my Note as reflected in the
Register will be conclusive, Upstart will give me notice of a change in ownership of my No ‘eflected in the
Register if required b ww. Opstart will also given me notice if I pay by check and the tre fe ehanges the
address to which T t make p. nts hep mnerdn he Regis! ei hall be! lable to me upon
written request to tart. This Se, ionii tehd suit nt Note beig ma in} at all times in
“registered form” ag defined by U, Treas laligns ston 1.871- fc) ant Sections 163(0, 871(h)
and 881(c) of the Intex Revetiue ade of 19} 8G, as ended ind will be pr hd applied in a way
that is consistent with these Taws.

14 Electronic Communications; Notices; Contacting You. When I applied for a loan from you, 1
expressly agreed to receive electronically all communications, agreements, documents, notices, and disclosures
(collectively, "Communications") that you provide in connection with this Note and Upstart’s servicing of my
payment obligations under this Note. All Communications given to me by email to my registered email
address or posted on tart.com are dégmed to have beén duly given and effective-tifjon transmission or
when they were pos Tag at you (including any other owner or servicer of my lo may contact me

cect
for any lawful rea: including ion ©, db Nos ont act will be deemed
unsolicited. You y contact ch a SSI bers (inc g cellph on Inu

mesni
rs and landlines)
as I may provide to Qu from, miete ime au you Se al me; 0 ion cluding regular
mail, electronic mail e, SS. x ath hin og: abyou may use
automatic dialing and announcing devices whic! fay
lay recorded messages. I represent that I have the
authority to provide this consent because I am eithe! subscriber of the telephone number(s) or the
customary user of each of the telephone numbers that I have provided to you who has the authority to provide
consent. I may contact you at any time to ask that you not contact me using any one or more methods or
technologies. I acknowledge that communications from you may contain sensitive, confidential, and
collections-related communications. If my information changes, such as my email address, my mailing
address or my telephone number, I agree to notify you promptly of the change.

Ican contact you by logging into www .upstart.com. I may contact you by emailing fw.support@upstart.com,
by calling (833)-205-5437 during your operating hours 6:00 AM Pacific time to 5:00 PM Pacific time, each
Monday through Friday that are business days, or by writing via regular mail care of Upstart Loan Operations,
P.O. Box 1503, San Carlos, CA 94070

15. Credit Inquiries, Loan Information; Inaccurate Information. 1 authorize you to obtain a credit
report on me for any legal purpose in connection with this Note, including any update, extension of credit.
review, or collection of this loan. If [ request, you will tell me whether any credit report was requested, and if
so, the name and address of the credit bureau furnishing the report. If I believe that you have information
4

about me that is inaccurate or that you have reported or may report inaccurate information about me to a credit
bureau, I will notify you of the specific information that I believe is inaccurate by writing to you care of
Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. In doing so, I will identify the inaccurate
information and tell you why I believe it is incorrect. If I have a copy of the credit report that includes the
inaccurate information, I will send a copy of that report to you as well.

16. Governing Law. I understand and agree that FinWise is an FDIC-insured institution located in Utah.
Consequently, the provisions of this Agreement (except for Section 17) will be governed by federal law and (to
the extent not preempted by federal law) the laws of the State of Utah, without regard to conflict of law rules,
except as noted above. Section 17 (Arbitration Agreement) is governed by the Federal Arbitration Act, and not
by any state law concerning arbitration. If any provision of this Note cannot be enforced, the rest of the
provisions of this Note will stay in effect. No amendment of this Note will be valid unless in writing and
signed by both you and me. This Note represents the entire agreement between you and me regarding my loan.
17. Complaints; Disputes; Arbitration.
NOTICE: IF I AM ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, 10
USC. § 987, THE FOLLOWING ARBITRATION PROVISION DOES NOT APPLY TO ME.
A Gove) . | acknowledge and agree that the Note involves interst: erce, and
that this arbitration se will construed, applied and governed by the Federal Arbitra ion Act, 9 U.S.C. § 1

fs
et seq., ("FAA"), ai ended. The A atortd sha apply app and applicable
statutes of limitatiol onsistent wil A YN onerel; s of pri cog! zed at law.
B Dis;
“pj te’ s/an} ‘dispu claim, or contro rsy off kind arising out
of, in connection with or im any way rélated, e indirectl. 4 the Note or the Etiension of credit set forth in
the Note. For example, “Dispute” includes c related my relationship resulting from, or activities
connected to this Note; my application; information I have provided to you; information and disclosures you
have provided to me; any prior agreements between you and me; extensions; renewals; refinancings; payment
plans: underwriting: servicing: collections; privacy; and customer information. The term "Dispute" also
includes: claims under federal or state consumer protection laws; claims in tort or contract; claims under
statutes or common lg claims at law or in Gquity; other past(present or future claims, terclaims, cross-
claims, third-party ¢ ims, int

i
pleaders or otherwise; and any claim relating to the interp1 tion, applicabili

“
enforceability or {6 ation of laug dit at ail any it of this arbitration
clause, except pare ph G be! i oid. ida conscionable.
Cc. Mandiato bitrgtion: less Of e statedi is arbit aust y "Dispute"
between the Parties sh: your or my eléction 9 ion of any of our respéctive heirs, Successors,
assignees or related third parties, including Upstart rot
er subsequent holder of my Note, and their
affiliates, subsidiaries, and parents, (the “Parties"), be resolved by a neutral, binding arbitration, and not by a
court of law. This procedure includes any Dispute over the interpretation, scope, or validity of this Note, this
arbitration clause or the arbitrability of any issue, with the sole exception of the Parties’ waiver of any right to
bring a class action or to participate in a class action as provided for under paragraph G below shall be solely
determined by the appropriate court, if necessary. This arbitration clause applies to the Parties, including their
respective employees or agents, as to all matters which arise out of or relate to this Note or are in any way
connected with the extension of credit set forth in this Note, or any resulting transaction or relationship.
D. Facts About Arbitration: In arbitration, a neutral third party (“Arbitrator”) resolves Disputes.
instead of a judge or jury. I, with you, waive the right to go to court. The Arbitrator will conduct a hearing,
which is private and less formal than a court trial. Each side will have the opportunity to present some
evidence to the Arbitrator. The Arbitrator may limit the Parties’ ability to conduct fact-finding prior to the
hearing, called “discovery.” Other rights that the Parties might have in court might not be available in
arbitration, Following the hearing, the Arbitrator will issue an award. The Arbitrator’s decision is final, and a
court may then enforce the award like a court judgment. Courts rarely overturn an Arbitrator’s award.

E. Pre-Arbitration Resolution: Prior to starting arbitration, I can call you at (650) 204-1000 or
write to you at Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070 to attempt to resolve the
Dispute. We will try to resolve the Dispute. If you make a written offer (“Settlement Offer”), 1 may reject it
and arbitrate. If we do not resolve the Dispute, either party may start arbitration. No party will disclose
settlement proposals, including a Settlement Offer, to the Arbitrator.
F Rules and Procedures: Either party may start arbitration by mailing a notice of arbitration,
even if a lawsuit has been filed. Such notice shall be given by certified mail, return receipt requested. Nolice to
me shall be sent to the email address ] provided to you in my loan application, as updated. Notice to you, your
assignees or related third parties shall be sent to Upstart Loan Operations, P.O. Box 1503, San Carlos, CA
94070. The Party initiating the arbitration shall set forth in the notice the nature and factual basis of the
Dispute, the names and addresses of all other Parties, the amount involved, and the specific relief requested.
The responding Party must mail a response within 45 days, and may also set forth any counter-Disputes. The
American Arbitration Association (“AAA”) shall conduct any arbitration according to this arbitration clause.
The AAA arbitration rules in effect when the claim is filed apply (‘AAA Rules”), except where those rules
conflict with this Arbitration Clause or any of our agreements with you. I can get copies of the AAA Rules at
the AAA’s website (www.adr.org) or by calling 800-778-7879. You or ] may choose to have a hearing, appear
at any hearing by phone or other electronic means, and/or be represented by counsel
G. Cla, ction Wh iver: The Parties agree to give up any right they may hi eto bring a class
action lawsuit or cl ‘arbitratiok, or, tici eit! it. The arties ag o give up any

=
right to consolidate| join any arbi Aatior proc} ith’ arbitration o The} ies give up the
right to serve as a pi te attorne: general am LOI ‘hich such p ght be permitted. To
the extent the Parties ited ile § inder agraph K 6 he Parties agree that any
small claim may only be ught on an individ} basis and that no small claini may be brought on a class or
representative basis. The Parties further agre if aco ¢ arbitrator decides this Paragraph G is void or
unenforceable, this arbitration clause shall be void and without effect
H Punitive Damage Waiver: The Parties waive any right to seek or recover punitive and/or
exemplary damages in any Dispute. No Arbitrator shall have the power or authority to award punitive and/or
exemplary damages.
I Fe ‘and Ce fl request, you shall advance all of the Arbitrator’s fe¢ land expenses, as

ee41tp
well as all administrdtive and fi Gan Ee ho The eg pra] be ponsible for their
own attorneys’ fee: ssociated) with arb Lio wit lo’ or in applicable substantive
Jaw and awarded b’ he Arbit or, 1 Agbitral ‘ds nds gtaburse any
arbitration fees and e: es-youb nc agree to
reimburse you for any arbitration fees “and expen
exceed the filings fees and costs I would have incui you ad I filed a lawsuit in court
ve » advanced. ‘Any such reimbursement shall not

J Self-Help: Notwithstanding this arbitration clause, the Parties retain the right to exercise self-
help remedies and to seek provisional remedies from a court, pending final determination of the Dispute by the
arbitrator, No Party waives the right to elect arbitration of a Dispute by exercising self-help remedies, filing
suit, or seeking or obtaining provisional remedies from a court.
K Exceptions. The Parties agree that this arbitration clause is not applicable to "small
claims" meaning those claims that either Party is entitled to file and maintain in an appropriate small claims
court or any action where the total amount in controversy is no greater than $10,000, including any claims for
attorney's fees and non-monetary relief. The Parties agree that any appeal from a judgment obtained pursuant
to this paragraph shall be appealable only by arbitration according to the procedures set forth in this arbitration
clause
L Severability. If it is determined that any paragraph or provision in this arbitration clause is
illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the other
paragraphs and provisions of this arbitration clause. The remainder of this arbitration clause shall continue in
6

full force and effect as if the severed paragraph or provision had not been included. Notwithstanding this
severability provision, if a court of competent jurisdiction determines paragraph G to be void, illegal, invalid,
or unenforceable, the Parties agree that paragraph G above shall not be severed and that this arbitration clause
shall be void in its entirety.
M. Right to Opt Out: If 1 do not want this arbitration clause to apply, I may reject it by mailing a
written notice to you that lists my name, address and account number and states that I am opting out of the
arbitration clause. An opt out notice is only effective if it is signed by me, and the envelope that the opt out
notice is sent in is postmarked no more than 30 calendar days after the date I sign this Note. If I opt out of this
arbitration clause, it will not affect any other provisions of the Note or my obligations under the Note. If I do
not properly opt out as set forth above, it will be effective as of the date of the Agreement. If [ opt out of this
arbitration clause, such election shall apply only to this Note, and not to any other past, present or future
agreements I have with you.

FOR ALL DISPUTES COVERED BY THIS PROVISION, THE PARTIES HAVE AGREED TO
WAIVE THEIR RIGHT TO A TRIAL BY JURY, THEIR RIGHT TO PARTICIPATE IN CLASS
ACTIONS OR CLASS ARBITRATIONS, AND THEIR RIGHT TO SEEK PUNITIVE AND/OR
EXEMPLARY DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS
PROVISION, ARBIT: SHALL BE IN PLACE OF ANY CIVIL LITIGATI ANY
COURT AND IN P| NY TRIAL BY JURY.

: és
THE TERMS OF IS PROVIS a AL RIGHTS, FH DO IDERSTAND
0 fs OR
ANY TERMS OF IS PROV) T, WANTAG) iSADVANTAGES OF
ARBITRATION, ERS’ ENDENT\AD’ ‘FORE SIGNING
THIS NOTE. BY SII N¢ 01 OWLEDGE THAT HbA , UNDERSTAND
AND AGREE TO BE BOUND BY EA' CH Fr THE Pl SIONS, COVENANTS AND
STIPULATIONS SET FORTH ABOVE.
18, NO WARRANTIES; LIMITATION ON LIABILITY. EXCEPT AS EXPRESSLY SET FORTH
IN THIS NOTE, I UNDERSTAND YOU HAVE MADE NO REPRESENTATIONS OR WARRANTIES TO
ME, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURP OSE oO oO

Bee
IN NO EVENT Wi A. YOU LAB ME, R , EXEMPLARY,
CONSEQUENTIA ORPI DAM. IF SIBILITY OF
SUCH DAMAGE:
WARRANTY TO
ORE, I
GAd RDING
FA?
er VI
REP RI
B
ATION OR
YOUR
FOREIGN, FEDERAL, STATI E OR LOCAL T.

19,
A ITY

Entire Agreement. The Upstart* application, and loan disclosures are incorporated into this Note by
reference. This Note represents the entire agreement between FinWise and me.

20. Miscellaneous. To the greatest extent not prohibited by applicable law, I am liable to you for your
legal costs if you refer collection of my loan to a lawyer who is not your salaried employee. These costs may
include reasonable attorneys’ fees as well as costs and expenses of any legal action. If a law that applies to my
Joan and sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or
to be collected in connection with my loan exceed the permitted limits then: (a) any such loan charge will be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me that exceeded permitted limits will be refunded to me. You may choose to make this refund
by reducing the principal I owe under this Note or by making a direct payment to me. No provision of this
Note may be modified or limited except by a written agreement signed by both you and me. The
unenforceability of any provision of this Note will not affect the enforceability or validity of any other
provision of this Note.

21. State Law Notices. Each of the following notices apply only to the residents of the states indicated.
For purposes of this section only, “you” means the borrower and “us, 3 we,” or “our” means FinWise Bank.

For California residents: As required by law, you are hereby notified that a negative credit report reflecting
on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your
credit obligations.

For lowa residents: NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2, You
are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty
and may be entitled to receive a refund of unearned charges in accordance with law.

Towa Residents only (on Loans in amounts greater than $20,000): IMPORTANT: READ BEFORE
SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE
ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE, NO OTHER TERMS OR ORAL
PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.
YOU OR I MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN
AGREEMENT.

For Kansas residents, cH TO CONSUMER: 1. Do not sign this agree ‘ment be ffe ou read it. 2,
You are entitled to ‘opy of tl the unpaid halap¢ any time
without penalty.

For Missouri residen Oral of its or mitment mo! , extend credit
or to forbear from enforcing repayment of debi includii promises to exténd or renew such debt are
not enforceable. To protect you (borrowe! }and us ‘ditor) from misunderstanding or
disappointment, any agreements we reach covering such matters are contained in this writing, which is
the complete and exclusive statement of the agreement between us, except as we may later agree in
writing to modify it.

For Nebraska resident AX dit agreement(ihust be in writingJo be enforceable under N Graska law. To
protect you and us anym indeferstanding: '$ or disappointme ents, , any contract, promis nndertaking, or

ne
offer to forebear répdyment 0 é 0 ke ci i in co ection with this
Joan of money or g it or extei on| credi or dment of | ¢ lation. aiver|of, or
substitution for am all of th len or prq isio mei docuy ecu din connection
with this loan of moneyze1 fot ort tensien of cl db

For New Hampshire residents: This Loan Agreem& provides for reasonable attorneys’ fees to be awarded
to us in an action against you involving this Loan Agreement. Reasonable attorney's fees will be awarded to
you if you prevail in any action, suit or proceeding brought by us; or an action brought by you. If you
successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us the
court may withhold from us the entire amount or such portion of the attorney fees as the court considers
equitable.

For New Jersey res

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Complaint,Petition: Velocity Investments Llc -vs- Senese Hamilton

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Complaint,Petition: Velocity Investments Llc -vs- Senese Hamilton

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