Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024
Alli
Index No:
Date Filed:
TRANSAC" TON****
****CONSUMER CREDIT
SUPREME COURT OF THE STATE OF NEW YORK 0933X 416062
COUNTY OF WESTCHESTER Clt Aact: XXXX2011
______________----______________________-----Ç
VELOCITY INVESTMENTS, LLC SUMlV ONS
Plaintiff The basis of the venue designtted is: County in which defendant(s) resides
against The defendant resides in the county of WESTCHESTER
The transaction took place out of stata
JODY HOWARD
Defendant(s)
__________________________-_________________Ç
To the above named Defendant(s)
You are hereby summoned and required to answer the complaint in this sction and to serve a copy of your answer, or,
if the complaint is not served with summons, to serve a notice of appear:nce, on the Plaintiffs Attorney(s)
within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the
the service is complete if this summons is not personally delivered to yo7 within the State of New York);
and in case of your failure to appear or answer, judgement will be taken against you by default for the relief
demanded in the complaint.
Feb 9, 2024
Defendant's address:
JODY HOWARD
27 BARKER AVE 608
WHITE PLAINS NY 10601
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5905 am Hu e , Nicholas Tem tor
New York Department of Consum rs License: 2046078- C A
City
Upon your failure to appear, judgment will be taken against you by deft blt for the sum of $ 9734.77
with statutory costs and disbursements of this action.
This is an attempt to collect a debt, any information obtained will be used for that purpose.
We are a Debt Collector.
1 of 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF WESTCHESTER
-------------------------------------------X OUR FILE #: 0933X -4160 52
VELOCITY INVESTMENTS, LLC
Plaintiff, COMPLAINT
-against-
JODY HOWARD
Plaintiff s Address:
Defendant(s) 1800 Route 34 N.Bldg3 305
______________----------------------X Wall, NJ 07719
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s),
allege(s) upon infonnation and belief:
l. Plaintiff is a Foreign Limited Liability Company authorized to do business in ft
Plaintiff s New York City Department of Consumer Affairs license number is I 199638.
2. Defendant JODY HOWARD resides or has its principal place of
business at: 27 BARKER AVE 608 WHITE PLAINS NY 10601
3. Upon Information and belief the transaction of business occurred within WES TCHESTER County.
4. CAUSE OF ACTION NUMBER ONE:
Defendant(s) executed a contract to borrow money and/or have credit extended which money and/or credit was to be
repaid in monthly installments plus interest. There remains due and owing the sum of $9734.77.
Account number ending in: XXXX2011
5. That no portion of the aforementioned sum has been paid, although duly dema nded.
6. The original creditor is: CROSS RIVER BANK
7. The debt was assigned:
On:07/14/21
From: CROSS RIVER BANK
To: UPSTART NETWORK, INC. SERVICER FOR
Cross River Bank
The Amount Due at the time of the sale: $10000.00
The account was then sold in the following order:
On:09/07/22
From: UPSTART NETWORK, INC. SERVICER FOR
Cross River Bank
To: VELOCITY INVESTMENTS, LLC
Plaintiff expressly disclaims any right to attorney fees that it may have.
Principal: 9248.75
Finance Charge or Charges: .00
Fees imposed by Original Creditor: 30.00
Total amount credited since Charge-Off: $ .00
Collection Costs: None
Interest: 4056.02
Any other fees and charges: None
Date of last payment: 01/l 4/22 Amount of last payment: $ 221.62
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FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024
The Account Balance printed on the most recent monthly statement recording t purchase
last payment or balance transfer: $9827.22
WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 9734.77 on the first cause of action;
together with statutory costs and disbursements. If a judgment is entered, legal
interest will accrue from the date the judgment is entered at the a ual rate of 2%.
DATED: Feb 9, 2024
Westbury, New York
Hugh c) fas Templet
MALEN & ASSOCIATES, p.c
Attorneys for Plaintiff This is an attempt to collect a bt. Any inbrmation obtained will be
123 Frost Street, Suite 203 used for that purpose. We are a Del· t Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5905
New York City Department of Consumer Affairs License: 2046078-DCA
3 of 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1
DocuSign Envelope ID: 270E378D-2FOC46FF-B73B-028F4437B59
RECEIVED NYSCEF: 03/06/2024
Approval Disclosure
7/14/2021
LOAN ID: 011
BORROWER: CREDITOR:
¾ had Cross
885
River
TeanecI:
3ank
Road
Teaneck, N. , 07666
ANNUAL FINANCE Amount Fi lanced Total of Payments
PERCENTAGE CHARGE The amount ( f credit The amount you will
The dollar the provided to y >u. have paid after you
RATE amount
credit will cost you. have made all
The cost of your
payments as
credit as a yearly rate.
scheduled.
14.12% $3,801.35 $9,561.70 303.05
Your Pay e t Sch ul v i I :
Number of Payments An unt of Pa nts hen P ents Are Due
Monthly Beginning
59 $221.62 Aug 14, 2021
1 $227.47 Jul 14, 2026
O O
Late charge:
If a payment t e i t , r f o eve is greater.
is , you / 1
Prepayment:
If you pay off early, ill n ve a I .
You will not be entitled to a refund of part nance cha ge.
See your Promissory Note for additional information about n Mnpayment, default, any required
repayment in full before the scheduled date and prepaymeni refunds and penalties.
Itemization of $9,501.70 Amount Financed
Amount paid to you: $9,501.70
Prepaid Finance Charge (Origination Fee): $4£ 8.30
Principal Amount: $10,000
by:
DocuSigned
By- E ate: 7/14/2021
A r (hwar)
liilectronically)
The original document is owned by Velocity Investments, LLC and this copy was created on Oct 24, 2022 02:17:44 PM.
4 of 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF Copy of the Electronic Origina document managed RECEIVED
by the eCore® On Demand (EOD") Service.
DocuSignDOC. NO.
Envelope 1
ID: 270E378D-2FOC-46FF-B73B-028F4437B597 NYSCEF: 03/06/2024
Promissory Note ("Note")
Loan ID: 011
Upstart Borrower ID:
Lender:
Cross River Bank
885 Teaneck Road
Teaneck, NJ 07666
1. Promise to Pa v lue received from Cross RiverBank, a New Jersey state- ered bank
"CRB.,"
located in Teaneck, Jerse or "you"), I promise to pay to the order of CR r subsequent
holder or assignee f is Note, e $10 00 9, g<·ther eres t eon commencing
on the date that fu s are issued at n t of 1 . th4% // pen an si e it t rest. I acknowledge
that I have read an a ee to be by a eem n to te all cl in tion. 7 below unless I
have rejected the pro o t o
g y oan application,
1 . y co I eting md
am requesting a loan on the terms described in t is and agree that when you receive my
ote. I u erstand
application and this signed Note you are not ·ng to 1 me money and you 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. If you decide to make a Loan to me, I agree to be bound by the terms of this Note.
2. Payments. This Note is payable in 60 installm3nts of $221. 62 each,
monthly
-
consisting of principal terest, comme eng on Aug , 202 1 , and ntinuing on the
same day of each s ssive nth thereaft until the final p ment < ate of Jul 1 , 2026 , which
'
is the maturity dat this No e. I nt d 11 2 , oI 31st of the month,
but a month does o have a 2 , 3 t , or 1: t d th e nth y'>a n due on the last day of
the month in whic t e paym w ue u k ss e n ed n vri i g. al a ment will consist
inc'
of the then-remaini , un a ace ed i r c ge u s e. All payments
will be applied firstto any unpaid fees incurred resu f failed au omated payments or returned bank
drafts or checks, as provided in Section 4 below y late charnes 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 princip: 1 until the full amount of principal has
been paid. Interest under this Note will accrue on a daily basis on the mpaid principal balance (including my
origination fee) set forth above. Because of the accrual of interest on ; ny late payments and the effect of
rounding, my final payment may be more (or less) than my regular pa yment. I acknowledge that if I make my
payments after the scheduled due date, this Note will not amortize as >riginally 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 Oct 24, 2022 02:17:44 PM.
5 of 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED
by the eCore® On Demand (EOD")
NYSCEF: Service.
03/06/2024
DocuSign Envelope ID: 270E378D-2FOC-46FF-B73B-028F4437B597
4. Fees. I agree to pay the following fees to the extent permitted >y applicable law:
Fee Frequer cy Description
Origination Fee 4.983% One tim: This is a one-time fee
of the Loan Amount and, except as provided
in Section 10, is non-
refundable. You will
deduct from the loan
proceeds before they are
delivered to me.
Late Payment Fee The greater of 5% of Per occurr:nce If I do not pay you the
past due amount or full amount of any
$15. mont ment within
10 c: :n days of its
due h tea you may
har y me a late fee.
ny p±yment received
aftp_320 PM Pacific
time on a business day is
deemed received on the
next business day.
ACH Return or Check $15 Per occunence If Automated Clearing
Refund Fee House ("A__ÇJI") transfers
O O or clÚ s are rejected or
eturn x for any reason,
fail d le to insufficient
ds in my bank
C u it then you may
arge trils fee. Each
attempt to collect a
payment is considered a
separate transaction, so
an ACH return or check
refund fee will be
assessed for each failed
attempt.
I authorize you to collect these fees using ACH transfers initiated by ou from my designated bank account if I
have chosen this method of payment (see Section 6). Any fees you a sess are immediately due. I
acknowledge and agree that the origination fee is part of my loan prir:ipal.
Members of the Armed Forces: Federal law provides important prote :tion to members of the Armed Forces
and their dependents relating to the extension of consumer credit. In teneral, the cost of consumer credit to a
member of the Armed Forces and his or her dependent may not exces d an annual percentage rate of 36
percent. This rate must include, as applicable to the credit transaction or account: The costs associated with
The original document is owned by Velocity Investments, LLC and this copy was created on Oct 24, 2022 02:17:44 PM.
6 of 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED
by the eCore® On
NYSCEF: 03/06/2024
Demand (EOD") Service.
DocuSign Envelope ID: 270E378D-2FOC-46FF-B73B-028F4437B597
credit insurance premiums; fees for ancillary products sold in connecticn with the credit transaction; any
application fee charged (other than certain application fees for specifiet credit transactions or accounts); and
any participation fee charged (other than certain participation fees for a credit card account).
5. Proceeds.I agree that the proceeds
of my loan will be paid vis an electronic fund transfer into the
deposit account I have identified
in my loan application, or in such othe r manner as you determine. I
acknowledgement that the timeliness of crediting proceeds to this accormt 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 actio1 s of the financial institution that holds
my account.
6. Method of Payment.
I agree to pay the principal, periodic int3rest and any fees on this Note when
due. You have given me the choice
of making my monthly payments I y (i) an ACH or other electronic fund
transfer from my bank account that I have authorized to automatically ecur, (ii) by an ACH transfer initiated
by me each month, or (ii) personal check by regular mail to Upstart Lo in Operations, P.O. Box 1503, San
Carlos, CA 94070 or any subsequent creditor that I am notified of. If have completed an ACH bank transfer
authorization, then you will
automatically transfer my first payment in the amount specified in the
bus'
authorization my bfrom ac unt, unless I cancel or modify this pa: ment at least 3 days before its
scheduled date by co ting , as described in Section I4, or your I ank. If my ACH n ansfers are
rejected or returne f any reas n, I sta r t y 2 y try 't a unt two more
times. I also agree y may apply e A re u n/c e nd e dGeri in e tio 4, subject to
applicable law, eac t e an AC tr nsfe i rut rne rej . I ac ino dge h t y fmancial institution
may also charge a fe dd t ur a a o e not e ponsit le fo h f e All written
communications concernmg disputed amounts i c uding any heck or other payment instrument that (i) is
full"
postdated and accompanied by adequate notig -') indic that the Wayment constitutes "payment in of
the amount owed, (iii) is tendered with other conditions or limitations >r (iv) is otherwise tendered as full
satisfaction of a disputed amount, must be marked for special handlint and mailed or delivered to us at Upstart
Loan Operations, P.O. Box 1503, San Carlos, CA 94070.
7. Waiver of D Except aOtherwise provid@l in thh Note or as requicrd by applicable law,
you are not respon e or lia I to me for the quality, safety, legality r r any other aspect >f any property or
services purchase ith the p s < an. a afi: pufQ ror r vhom I have
purchased such pr p or se i es, agree to se I th ispt t£ dir xt y i on. F otwithstanding the
' rty borrwer"
foregoing, this sec shall pp y if I an t "c u le t e Le K ing Act, 10 U.S.C
§ 987 and this sectio aiv hto- ega tL a 3 h m a other applicable
law.
8. Certification. Unless I have certified to you otherwise, I a ree that the proceeds of my loan will not
be applied (i) in whole or in part to postsecondary educational expens s (i.e., tuition, fees, required equipment
or supplies, room and board, or other miscellaneous personal expense incurred while I am studying) at a
expenses"
college/university/vocational school, as the term "postsecondary educitional is defined in
Regulation Z, 12 C.FR. § 1026.46 (b)(3), or (ii) for any home purcha ;e or refinance.
9. Default and Remedies. Subject to the limitations of applica >le state law and any right to notice and
to cure under applicable state law, I will be deemed in default (each, i n "Event of Default") of my obligations
under this Note if 1: (i) fail to pay timely any amount due under this b ote; (ii) file or have instituted against me
any bankruptcy or insolvency proceedings or make any assignment fc r the benefit
of creditors; (iii) die; (iv)
commit fraud or make any material misrepresentation in this Note n my loan application;
or or (v) fail to abide
by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies
available to you under applicable law, including demand that I immet iately pay all amounts due under this
Note. You reserve the right to report loan payment delinquencies of 50 days or longer to one or more
The original document is owned by Velocity Investments.
7 of and this copy was created on Oct 24, 2022 02:17:44 PM.
LLC 15
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024
NYSCEF DOC. NO. 1 Copy of the Electronic Originai@ document managed RECEIVED
by the eCore® On Demand (EOD")
NYSCEF: Service.
03/06/2024
DocuSign Envelope ID: 270E378D-2FOC-46FF-B738-028F4437B597
consumer reporting agencies in accordance with applicable law. I ackn3wledge these may be reflected in my
attorneys'
credit report. I agree to pay all costs of collecting any delinquent paym ents, including reasonable
fees, to the greatest extent not prohibited by applicable law.
10. Prepayments; Partial Payments; Forbearance. I may prepa y this Note in full or in part at any time
without penalty. Any partial prepayment is to be applied against outsts ading principal and does not postpone
the due date of any subsequent monthly installments, unless you otherrise 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. A partial pre-payment will not result in the refund of any orig nation fee amount.
Further, 1 understand
I may request forbearance in accordance with yo1 r 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, I understand that I 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. -
en i , a time when I am in default, you do n3t require me to / i ediately in full,
you will still have t e ght to d so in ti I¾either fail g-pxercise any of
your rights, nor yor elay in enfo ng o e c in a y ou ights, w wai e he rights. Furthermore,
if you waive any ri h under this o e on oc asio tha er wi 1 n t pera e s vaiver as to any other
"
occasion. Subject to a a ni I ra ered o ower un he ilit Lending Act, 10
U.S.C § 987, I waive presentment, notice of d s onor, prote and all other demands and notices in connection
with the delivery, acceptance, performance or× reeme this Not L
12. Assignment. I am not allowed to assign any of my obligatior s 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 ta5e these actions without notice or
consent from me. A transfer of m ote does not a@ct my ights and duties in der this Note.
13. Registra o . You a d ifpa et , c., ) t a nor fiduciary agent.
Upstart will keep t s offices a el nic rt gis of tr : fer e of tl is Note (the
"Register"). The n es and d res f any perso ed to p ty s ill >c recorded in the
Register. Any assign ici on nwsf hagistered in the
Register and only if Upstart receives a signed as 1 me r similar
Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 Alli Index No: Date Filed: TRANSAC" TON**** ****CONSUMER CREDIT SUPREME COURT OF THE STATE OF NEW YORK 0933X 416062 COUNTY OF WESTCHESTER Clt Aact: XXXX2011 ______________----______________________-----Ç VELOCITY INVESTMENTS, LLC SUMlV ONS Plaintiff The basis of the venue designtted is: County in which defendant(s) resides against The defendant resides in the county of WESTCHESTER The transaction took place out of stata JODY HOWARD Defendant(s) __________________________-_________________Ç To the above named Defendant(s) You are hereby summoned and required to answer the complaint in this sction and to serve a copy of your answer, or, if the complaint is not served with summons, to serve a notice of appear:nce, on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the the service is complete if this summons is not personally delivered to yo7 within the State of New York); and in case of your failure to appear or answer, judgement will be taken against you by default for the relief demanded in the complaint. Feb 9, 2024 Defendant's address: JODY HOWARD 27 BARKER AVE 608 WHITE PLAINS NY 10601 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 Westbury, NY 11590 (516) 334-3500 Ext: 5905 am Hu e , Nicholas Tem tor New York Department of Consum rs License: 2046078- C A City Upon your failure to appear, judgment will be taken against you by deft blt for the sum of $ 9734.77 with statutory costs and disbursements of this action. This is an attempt to collect a debt, any information obtained will be used for that purpose. We are a Debt Collector. 1 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF WESTCHESTER -------------------------------------------X OUR FILE #: 0933X -4160 52 VELOCITY INVESTMENTS, LLC Plaintiff, COMPLAINT -against- JODY HOWARD Plaintiff s Address: Defendant(s) 1800 Route 34 N.Bldg3 305 ______________----------------------X Wall, NJ 07719 PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s), allege(s) upon infonnation and belief: l. Plaintiff is a Foreign Limited Liability Company authorized to do business in ft Plaintiff s New York City Department of Consumer Affairs license number is I 199638. 2. Defendant JODY HOWARD resides or has its principal place of business at: 27 BARKER AVE 608 WHITE PLAINS NY 10601 3. Upon Information and belief the transaction of business occurred within WES TCHESTER County. 4. CAUSE OF ACTION NUMBER ONE: Defendant(s) executed a contract to borrow money and/or have credit extended which money and/or credit was to be repaid in monthly installments plus interest. There remains due and owing the sum of $9734.77. Account number ending in: XXXX2011 5. That no portion of the aforementioned sum has been paid, although duly dema nded. 6. The original creditor is: CROSS RIVER BANK 7. The debt was assigned: On:07/14/21 From: CROSS RIVER BANK To: UPSTART NETWORK, INC. SERVICER FOR Cross River Bank The Amount Due at the time of the sale: $10000.00 The account was then sold in the following order: On:09/07/22 From: UPSTART NETWORK, INC. SERVICER FOR Cross River Bank To: VELOCITY INVESTMENTS, LLC Plaintiff expressly disclaims any right to attorney fees that it may have. Principal: 9248.75 Finance Charge or Charges: .00 Fees imposed by Original Creditor: 30.00 Total amount credited since Charge-Off: $ .00 Collection Costs: None Interest: 4056.02 Any other fees and charges: None Date of last payment: 01/l 4/22 Amount of last payment: $ 221.62 2 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 The Account Balance printed on the most recent monthly statement recording t purchase last payment or balance transfer: $9827.22 WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 9734.77 on the first cause of action; together with statutory costs and disbursements. If a judgment is entered, legal interest will accrue from the date the judgment is entered at the a ual rate of 2%. DATED: Feb 9, 2024 Westbury, New York Hugh c) fas Templet MALEN & ASSOCIATES, p.c Attorneys for Plaintiff This is an attempt to collect a bt. Any inbrmation obtained will be 123 Frost Street, Suite 203 used for that purpose. We are a Del· t Collector. Westbury, N.Y. 11590 (516) 334-3500 Extension: 5905 New York City Department of Consumer Affairs License: 2046078-DCA 3 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 DocuSign Envelope ID: 270E378D-2FOC46FF-B73B-028F4437B59 RECEIVED NYSCEF: 03/06/2024 Approval Disclosure 7/14/2021 LOAN ID: 011 BORROWER: CREDITOR: ¾ had Cross 885 River TeanecI: 3ank Road Teaneck, N. , 07666 ANNUAL FINANCE Amount Fi lanced Total of Payments PERCENTAGE CHARGE The amount ( f credit The amount you will The dollar the provided to y >u. have paid after you RATE amount credit will cost you. have made all The cost of your payments as credit as a yearly rate. scheduled. 14.12% $3,801.35 $9,561.70 303.05 Your Pay e t Sch ul v i I : Number of Payments An unt of Pa nts hen P ents Are Due Monthly Beginning 59 $221.62 Aug 14, 2021 1 $227.47 Jul 14, 2026 O O Late charge: If a payment t e i t , r f o eve is greater. is , you / 1 Prepayment: If you pay off early, ill n ve a I . You will not be entitled to a refund of part nance cha ge. See your Promissory Note for additional information about n Mnpayment, default, any required repayment in full before the scheduled date and prepaymeni refunds and penalties. Itemization of $9,501.70 Amount Financed Amount paid to you: $9,501.70 Prepaid Finance Charge (Origination Fee): $4£ 8.30 Principal Amount: $10,000 by: DocuSigned By- E ate: 7/14/2021 A r (hwar) liilectronically) The original document is owned by Velocity Investments, LLC and this copy was created on Oct 24, 2022 02:17:44 PM. 4 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF Copy of the Electronic Origina document managed RECEIVED by the eCore® On Demand (EOD") Service. DocuSignDOC. NO. Envelope 1 ID: 270E378D-2FOC-46FF-B73B-028F4437B597 NYSCEF: 03/06/2024 Promissory Note ("Note") Loan ID: 011 Upstart Borrower ID: Lender: Cross River Bank 885 Teaneck Road Teaneck, NJ 07666 1. Promise to Pa v lue received from Cross RiverBank, a New Jersey state- ered bank "CRB.," located in Teaneck, Jerse or "you"), I promise to pay to the order of CR r subsequent holder or assignee f is Note, e $10 00 9, g<·ther eres t eon commencing on the date that fu s are issued at n t of 1 . th4% // pen an si e it t rest. I acknowledge that I have read an a ee to be by a eem n to te all cl in tion. 7 below unless I have rejected the pro o t o g y oan application, 1 . y co I eting md am requesting a loan on the terms described in t is and agree that when you receive my ote. I u erstand application and this signed Note you are not ·ng to 1 me money and you 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. If you decide to make a Loan to me, I agree to be bound by the terms of this Note. 2. Payments. This Note is payable in 60 installm3nts of $221. 62 each, monthly - consisting of principal terest, comme eng on Aug , 202 1 , and ntinuing on the same day of each s ssive nth thereaft until the final p ment < ate of Jul 1 , 2026 , which ' is the maturity dat this No e. I nt d 11 2 , oI 31st of the month, but a month does o have a 2 , 3 t , or 1: t d th e nth y'>a n due on the last day of the month in whic t e paym w ue u k ss e n ed n vri i g. al a ment will consist inc' of the then-remaini , un a ace ed i r c ge u s e. All payments will be applied firstto any unpaid fees incurred resu f failed au omated payments or returned bank drafts or checks, as provided in Section 4 below y late charnes 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 princip: 1 until the full amount of principal has been paid. Interest under this Note will accrue on a daily basis on the mpaid principal balance (including my origination fee) set forth above. Because of the accrual of interest on ; ny late payments and the effect of rounding, my final payment may be more (or less) than my regular pa yment. I acknowledge that if I make my payments after the scheduled due date, this Note will not amortize as >riginally 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 Oct 24, 2022 02:17:44 PM. 5 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED by the eCore® On Demand (EOD") NYSCEF: Service. 03/06/2024 DocuSign Envelope ID: 270E378D-2FOC-46FF-B73B-028F4437B597 4. Fees. I agree to pay the following fees to the extent permitted >y applicable law: Fee Frequer cy Description Origination Fee 4.983% One tim: This is a one-time fee of the Loan Amount and, except as provided in Section 10, is non- refundable. You will deduct from the loan proceeds before they are delivered to me. Late Payment Fee The greater of 5% of Per occurr:nce If I do not pay you the past due amount or full amount of any $15. mont ment within 10 c: :n days of its due h tea you may har y me a late fee. ny p±yment received aftp_320 PM Pacific time on a business day is deemed received on the next business day. ACH Return or Check $15 Per occunence If Automated Clearing Refund Fee House ("A__ÇJI") transfers O O or clÚ s are rejected or eturn x for any reason, fail d le to insufficient ds in my bank C u it then you may arge trils fee. Each attempt to collect a payment is considered a separate transaction, so an ACH return or check refund fee will be assessed for each failed attempt. I authorize you to collect these fees using ACH transfers initiated by ou from my designated bank account if I have chosen this method of payment (see Section 6). Any fees you a sess are immediately due. I acknowledge and agree that the origination fee is part of my loan prir:ipal. Members of the Armed Forces: Federal law provides important prote :tion to members of the Armed Forces and their dependents relating to the extension of consumer credit. In teneral, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exces d an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with The original document is owned by Velocity Investments, LLC and this copy was created on Oct 24, 2022 02:17:44 PM. 6 of 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 Copy of the Electronic Original® document managed RECEIVED by the eCore® On NYSCEF: 03/06/2024 Demand (EOD") Service. DocuSign Envelope ID: 270E378D-2FOC-46FF-B73B-028F4437B597 credit insurance premiums; fees for ancillary products sold in connecticn with the credit transaction; any application fee charged (other than certain application fees for specifiet credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). 5. Proceeds.I agree that the proceeds of my loan will be paid vis an electronic fund transfer into the deposit account I have identified in my loan application, or in such othe r manner as you determine. I acknowledgement that the timeliness of crediting proceeds to this accormt 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 actio1 s of the financial institution that holds my account. 6. Method of Payment. I agree to pay the principal, periodic int3rest and any fees on this Note when due. You have given me the choice of making my monthly payments I y (i) an ACH or other electronic fund transfer from my bank account that I have authorized to automatically ecur, (ii) by an ACH transfer initiated by me each month, or (ii) personal check by regular mail to Upstart Lo in Operations, P.O. Box 1503, San Carlos, CA 94070 or any subsequent creditor that I am notified of. If have completed an ACH bank transfer authorization, then you will automatically transfer my first payment in the amount specified in the bus' authorization my bfrom ac unt, unless I cancel or modify this pa: ment at least 3 days before its scheduled date by co ting , as described in Section I4, or your I ank. If my ACH n ansfers are rejected or returne f any reas n, I sta r t y 2 y try 't a unt two more times. I also agree y may apply e A re u n/c e nd e dGeri in e tio 4, subject to applicable law, eac t e an AC tr nsfe i rut rne rej . I ac ino dge h t y fmancial institution may also charge a fe dd t ur a a o e not e ponsit le fo h f e All written communications concernmg disputed amounts i c uding any heck or other payment instrument that (i) is full" postdated and accompanied by adequate notig -') indic that the Wayment constitutes "payment in of the amount owed, (iii) is tendered with other conditions or limitations >r (iv) is otherwise tendered as full satisfaction of a disputed amount, must be marked for special handlint and mailed or delivered to us at Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. 7. Waiver of D Except aOtherwise provid@l in thh Note or as requicrd by applicable law, you are not respon e or lia I to me for the quality, safety, legality r r any other aspect >f any property or services purchase ith the p s < an. a afi: pufQ ror r vhom I have purchased such pr p or se i es, agree to se I th ispt t£ dir xt y i on. F otwithstanding the ' rty borrwer" foregoing, this sec shall pp y if I an t "c u le t e Le K ing Act, 10 U.S.C § 987 and this sectio aiv hto- ega tL a 3 h m a other applicable law. 8. Certification. Unless I have certified to you otherwise, I a ree that the proceeds of my loan will not be applied (i) in whole or in part to postsecondary educational expens s (i.e., tuition, fees, required equipment or supplies, room and board, or other miscellaneous personal expense incurred while I am studying) at a expenses" college/university/vocational school, as the term "postsecondary educitional is defined in Regulation Z, 12 C.FR. § 1026.46 (b)(3), or (ii) for any home purcha ;e or refinance. 9. Default and Remedies. Subject to the limitations of applica >le state law and any right to notice and to cure under applicable state law, I will be deemed in default (each, i n "Event of Default") of my obligations under this Note if 1: (i) fail to pay timely any amount due under this b ote; (ii) file or have instituted against me any bankruptcy or insolvency proceedings or make any assignment fc r the benefit of creditors; (iii) die; (iv) commit fraud or make any material misrepresentation in this Note n my loan application; or or (v) fail to abide by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies available to you under applicable law, including demand that I immet iately pay all amounts due under this Note. You reserve the right to report loan payment delinquencies of 50 days or longer to one or more The original document is owned by Velocity Investments. 7 of and this copy was created on Oct 24, 2022 02:17:44 PM. LLC 15 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 06:53 PM INDEX NO. 58187/2024 NYSCEF DOC. NO. 1 Copy of the Electronic Originai@ document managed RECEIVED by the eCore® On Demand (EOD") NYSCEF: Service. 03/06/2024 DocuSign Envelope ID: 270E378D-2FOC-46FF-B738-028F4437B597 consumer reporting agencies in accordance with applicable law. I ackn3wledge these may be reflected in my attorneys' credit report. I agree to pay all costs of collecting any delinquent paym ents, including reasonable fees, to the greatest extent not prohibited by applicable law. 10. Prepayments; Partial Payments; Forbearance. I may prepa y this Note in full or in part at any time without penalty. Any partial prepayment is to be applied against outsts ading principal and does not postpone the due date of any subsequent monthly installments, unless you otherrise 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. A partial pre-payment will not result in the refund of any orig nation fee amount. Further, 1 understand I may request forbearance in accordance with yo1 r 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, I understand that I 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. - en i , a time when I am in default, you do n3t require me to / i ediately in full, you will still have t e ght to d so in ti I¾either fail g-pxercise any of your rights, nor yor elay in enfo ng o e c in a y ou ights, w wai e he rights. Furthermore, if you waive any ri h under this o e on oc asio tha er wi 1 n t pera e s vaiver as to any other " occasion. Subject to a a ni I ra ered o ower un he ilit Lending Act, 10 U.S.C § 987, I waive presentment, notice of d s onor, prote and all other demands and notices in connection with the delivery, acceptance, performance or× reeme this Not L 12. Assignment. I am not allowed to assign any of my obligatior s 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 ta5e these actions without notice or consent from me. A transfer of m ote does not a@ct my ights and duties in der this Note. 13. Registra o . You a d ifpa et , c., ) t a nor fiduciary agent. Upstart will keep t s offices a el nic rt gis of tr : fer e of tl is Note (the "Register"). The n es and d res f any perso ed to p ty s ill >c recorded in the Register. Any assign ici on nwsf hagistered in the Register and only if Upstart receives a signed as 1 me r similar