Preview
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
Exhibit A
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
This is a copy of an authoritative document
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
LOAN SUMMARY
Loan ld: 176662464
Primary Borrower Contact Information
Full Real Name: Ladz Jacques Simon
Screen Name: Member_230256503
Email: jacquessimonlodz@ymail.com#4
Address: 639 E 82nd St
Brooklyn, NY 11236
Home Phone: 347-984-0353
Cell or Work Phone: 212-687-5440
Loan Information +
Loan Issue Date: 4/26/2 j
Original Loan Amount: $30,0 0 00
Principle Balance: $18,94 .
Principle Balance Date: 1/31/23
Payoff Balance: $20,488.59
Payoff Date: 1/31/23
Loan Documents
Document Name Dateltime Document Version
Signed
The authoritative document is maintained by LendingClub Corporation and this copy was created Jan 31 2023 09:07:31
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
LoanlD: 1000-176662464 This is a copy of an authoritative document
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
Date Signed: 4/19/2021
Borrower Agreement
Lastupdated March, 202L
Please read this Borrower Agreement carefully and print or save a copy for future reference.
This Borrower Agreement is between you ("you" and "your" mean you and each and every other borrower, including any joint applicant/co-
("we," "us," "our,"
borrower, who Is obtaining a loan from us) and LandingClub Bank, National Association and "LendingClub"). If you request a
loan from us, and if that request results in a loan that is approved and funded, then your loan will be govemed by the terms of this Barrower
Agreement and the Loan Agreement and Promissory Note, which is attached to this Barrower Agreement as Exhibit A (the "Loan Agreement"),
as may be revised from time to time. The version of the Loan Agreement in effect when you make a loan request will apply to any loan made in
response to that request, and any separate loan would be governed by the version of the Loan Agreement then in effect. By consenting to this
Borrower Agreement, you are also agreeing to the Loan Agreement and authorizing us to complete the Loan Agreement as necessary to
facilitate your loan request. This Borrower Agreement will terminate if your loan request is cancelled, withdrawn, or declined.
BY ELECTRONICALLY SIGNIN S E R H SIG R ENT TO THESE TERMS.
princ'
1. Loan Terms, Your loan will ha a ance i h : nt set fo in the fin ruth i n fi g disclosure ("TIL Disclosure") and
Loan Agreement corresponding to .Y nd cknowledge t any preli di ; losures made to you prior to the
disbursement of loan proceeds may be revised based on the actual, initial principal balance of the loan. All foans are unsecured, fully-
arnortizing, closed-end loans for the term stated in your TIL DIsclosure and Loan Agreement. Your obligations, including your obligation to repay
principal and interest, are set forth in the TIL Disclosure and the Loan Agreement. Other fees and terms of the foan will also be set forth in the
Loan Agreement All payments are to be applied to your obligations as we determine in our sole discretion, except to the extent applicable law
requires that we apply payments in a specific manner.
2. Limited Power of Attorney Grant. As a condition to receiving a loan from us, you hereby grant to us a limited power of attomey ("Power of
'
Attom ") and point r a nur t3e dI attor -in-fact ent, Ni h of s stituti -spl s tion, fo (
your , pla and Et: ad, Ir t ny an J all ca I , to:
" e d exey to the I oan / g eem (s I the fo a t ch s Ed ibit A h it refl ceptc d termt : et fa each f your
inal TI i s) as I u :h mE be po di e to our 10 It q jest( n th nilne ount pu ha 9 esta ed, r r
establish, with us ("Online Account");
" Agree to any changes necessary to correct any errors or omissions in any Loan Agreement(s) before or after execution; provided that
notice is given to you; and
" Otherwise act with full power and authority to do and perform each and every act and thing requisite and necessary to be done in
connection with the exercise of such other powers above as fully to all intents and puÆoses as you might or could do in person.
This Power of Attomey is limited solely to the purpose described above and will expire automatically upon the termination of this Borrower
Agreement You may rmnis this Pow ttomey ntac ing us Etsu It@lendig or c ling 81 8- and cancelling your
loan request; provided I owe , if an re s s be a roved y )u t pr t -n h notice 3 et loan oceeds are transferred to
a Designated Account ad bef t Loan e ent is exe t ted or l ot r ai . ar e cc f f the fo t going acts by us on your
behalf will occur in the ate ta nee L Agr vis sig d 3 o i de gnee acti1 as attor u y-in-fact, it is deemed
' ' - ---
executed on your beh fm s all be y alld an ng obh n the aft .
3. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN
AGREEMENT, AND THE LOAN TRANSACTION BETWEEN YOU AND US IS NOT COMPLETED (1.E., CONSUMMATED), UNTIL YOUR
LOAN HAS BEEN FUNDED. YOU ACKNOWLEDGE THAT WE ARE MATERJALLY RELYlNG UPON THis UNDERSTANDING IN
UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN.
4. Information for Members of the Armed Forces and their Dependents. Federal law provides important protections to members of the
Armed Forces and their dependents relating to extensions of consumer credit In general, the cost of consumer credit to a member of the
Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the
credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit
transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation
fee charged (other than certain participation fees for a credit card account). If you are a member of the Armed Forces, or a dependent of a
member of the Armed Forces, you may call (844) 538-6754 to hear the preceding statement and certain payment-related information.
5. Use of Loan Proceeds. You agree that you will not use any loan proceeds: (i) to fund any post-secondary educational expenses, Including,
but not limited to, tukion, fees, books, supplies, miscellaneous educational expenses, or room and board; (ii) to fund any illegal activity or any
other activity or use not otherwise allowed under thIs Borrower Agreement or the terms applicable to any products or services that we offer
(each, a "Service"), including but not limited to all LendingClub websites and the subdomains thereof (collectively, the "Site") and the group of
financial service technologies that LendingClub or any of its affiliates have developed to enable the services we facilitate or provide (collectively,
The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
This is a copy of an authoritative document
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
the "LC Platform"); (iii) for the purpose of purchasing or carrying any securities; or (iv) for the purpose of investing, trading, or speculating in any
currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof. You further acknowledge and
agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us and
all representations you make to us.
ti Joint and Several Liability. The liability of any joint applicant/co-borrower under this Borrower Agreement and under the Loan Agreement is
in addition to and not in lieu of the obligations of the primary borrower. The joint applicant/co-borrower agrees to abide by the terms and
conditions of this Borrower Agreement, the Loan Agreement, and any other agreements and documents provided or executed as part of the
loan application process, as if an original signatory.
We (and our designees, successors, and assigns) have sole discretion to proceed, at any time, against any party responsible under this
Barrower Agreement. Further, we (and our designees, successors, and assigns) can accept instructions from either you or the joint
applicant/co-borrower, and can provide any notice or disclosure to either you or the joint applicantico-borrower, which shall be binding an and
deemed simultaneously received by each.
7. Consent for Communications. You expressly consent and agree to receive comrnunications (including but not limited to prerecorded or
artificial voice message calls, text me es, and s mad : an a atic te hone dia syste s, our affiliates, successors and
assigns, and designated third-pa ervi r j ers t g o our h , re ing an o co t application that you submit or attempt
to submit to us, any loan that you a tain from through ,a cco at you e t blish w u telephone number that you
provide to us or that we can reas bly a c with { rough skip tr c , caller ID ture r t means), now and in the future,
including cellular telephone numbers. agree etl us i any telephon number asso with y such application, loan, or account,
changes or is reassigned to a new subscriber. You certify that you are authorized to provide this consent because you are either the subscriber
of the telephone number you provide or a non-subscriber customary user with authority to provide this consent. Standard communication rates,
fees, and charges from your telephone service provider may apply. You agree that we may monitor and record any communications between
you and us for quality assurance and other permitted business purposes. You understand and agree that we may always communicate with you
in any manner allowed by law that does not require your consent.
8. Assignment; Servicing; Registration. We may sell, assign, or transfer this Borrower Agreement and the Loan Agreement, or any of our
rights er th or agreemeDt ]the L A t, in in W g|13 1 . nde o ge an
third- assi ee m furth: r sell, assign o a er your a 1 gree nt d all socFat ument± nd ini) m ti n r e tb the Loan
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Agr t, in ole a i part A any t e, wit ut ur can e t a to y (sub t to law the t gist o equ r
be ). Yo stand r nd ag e th ea sig i e of t r Agrr e en ay s ace ; nt infur natio th an or
sub-servicer. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Borrower Agreement or any
Loan Agreernent to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this
section 8 shall be null and void. Subject to applicable law, we may delegate servicing of any loan you obtain to another entity in our sole
discretion without notice, and any subsequent holder of the Loan Agreement may act as servicer of any loan that you obtain, and may delegate
servicing to another entity in its sole discretion without notice.
You hereby appoint us as your agent (in such capacity, the "Note Registrar") for the purpose of maintaining a book-entry systern (the "Register")
for recording the names and addresses of any owner of beneficial interests in this Note (the "Note Owners") and the principal amounts and
interest on this Note oui h t r a from i e me. f p: e.s > s id r i ed c lin Note Owners in the
Register shall be treate d as the r(s) of t I e for purp es of Ie ei It if rineigal .a e t on a ch Note and for all other
purposes. With respec t > any n by a ner s nefic in N , the righ. a p ent of hincipal and interest on
this Note shall not be c itect ntil th er is in t ster _J .
9. Entire Agreement, This Borrower Agreement, together with any corresponding Loan Agreement, the Application Terms and Conditions, any
other document provided or executed as part of the loan application process, represent the entire agreement between you and us regarding the
subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic,
between you and us with respect to your loan request and loan.
10, Electronic Transactions. THIS BORROWER AGREEM1ENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC
TRANSACTIONS AND DISCLOSURES.
11. Notices. Unless we state otherwise in this Borrower Agreement, all notices to be provided to us under this Borrower Agreement must be
sent to us at LendingClub Bank, N.A., 595 Market Street, Suite 200, San Francisco, Callfomia 94105, Attention: Legal Department. All notices
and other communications from us to you hereunder may be given by email to your registered email address or posted in your Online Account,
and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control of such email account
and your Online Account, and that communications from us may contain sensitive, confidential, and collections-related communications. If your
registered email address changes, you must notify us of the change by sending an email to support@iendingelub.com or calling 888-598-3157.
You also agree to update your registered residence address and telephone number if they change, which you may do in your Online Account.
You acknowledge and agree that, if your loan is assigned, you must notify your loan servicer of any changes to your contact information.
12. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS BORROWER AGREEMENT, WE MAKE NO REPRESENTATIONS
OR WARRANTIES TO YOU, INCLUDING, BUT NDT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
The authoritative document is maintained by LandingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 RECEIVED of an authoritative
This is a copyNYSCEF: document
03/26/2024
A PARTICULAR PURPOSE.
13. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE
MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THIS BORROWER AGREEMENT MAY HAVE
UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY.
14. Controlling Law, We are located in the State of Utah, this Barrower Agreement is entered into in the State of Utah and is a contract made
under the law of the State of Utah, and funds for loans are disbursed from the State of Utah, The provisions of this Borrower Agreement will be
govemed by Federal laws and the laws of the State of Utah to the extent not preempted, without regard to any principle of conflicts of laws that
would require or permit the application of the laws of any other jurisdiction.
15. Miscellaneous. The parties acknowledge that there are no third-party beneficiaries to this Borrower Agreement. Any waiver of a breach of
any provision of this Borrower Agreement will not be a waiver of any other subsequent breach, Failure or delay by either party to enforce any
term or condition of this Borrower Agreement will not constitute a waiver of such term or condition. Without limking the foregaing, we may
extend the time to make a payment without extending the time to make other payments, accept late or partial payments without waiving our
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right to have future payments made w they ar , or w n f a withou asing the t to imp fee when due in the future. If at
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any time after the date of this Borr er A e , a ti prov I n orrow . ree t ; a e eld by any court of competent
jurisdiction to be illegal, void or u e forceable uch pro i ic n of ce and e ct, but t il e nd unenforceability of such
provision shall have no effect upo nd s n 'mpair :: forceability o ny other p 'sions hi s orrower Agreement, The headings in
this Borrower Agreement are for refe n purpo y at shall not affe the interpreta this . rrower Agreement in any way. You
acknowledge and agree that this Borrower Agreement, Including section 16 below, shall apply to any assignee or subsequent holder of the
loan.
16. Arbitration Agreement. RESOLUTION OF DISPUTES: PLEASE READ THIS PROViSION CAREFULLY. IT AFFECTS YOUR RIGHTS
AND WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IF YOU DO NOT OPT OUT OF
THIS ARBITRATION AGREEMENT AS PROVIDED IN SECTION 16(b} BELOW. IF YOU ARE A "COVERED BORROWER" AS DEFINED BY
THE MILITARY LENDING ACT (32 C.F.R. § 232, AS AMENDED FROM TIME TO TIME), THIS SECTION 16 (ARBITRATION AGREEMENT) IS
NOT LICA E TO a 2_ypt i O N N TAK ER / QT113 T. FQ!115th 5 F TH f E 16
,""US,"
(AR 10 GRE ENT , THE RMS L 1 3E L INGC ANK, r !/ TION It ,
LE U ORP ATlul1, ANh rI ESPE V2 ATE E, RE ED OR NTITII1 , A
P EC SUCI ESSOi: IN I =R SL SEQ 1 I OLD OF YL YO J OBT/ IU; A YA 1
OF ANY CORRESPONDING LOAN AGREEMENT.
YOU AND WE ACKNOWLEDGE THAT WE AND YOU HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT
WILL NOT HAVE THAT RIGHT IF EITHER WE OR YOU ELECTS TO HAVE A DISPUTE DECIDED THROUGH ARBITRATION PURSUANT
TO THIS ARBITRATION AGREEMENT. YOU AND WE NEVERTHELESS HEREBY KNOWINGLY AND VOLUNTARILY WAlVE OUR RIGHTS
TO LITIGATE CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER YOU OR US.
a. You and We Agree to Arbitrate Disputes Between Us. Either you or we may, at eithers sole election, require that the sole and exclusive
forum for resolutioT im b d bi itr on pur 4 at tT this -6 tit ri it a -on A r eme n"),..unless you opt out as
provided in Sectio 1 6(b) e a c e ag o to inv e i r right t a i te h dtri ual Clain m bring h small claims court, so
long as the Claim ains s h court vance o b on at i dv d a ti s non-rep t se t v ) bm i: and seeks relief only
applicable to you, J .
"Claim"
As used in this Arbitration Agreement, shall include any past, present, or future claim, dispute, or controversy involving you (or
persons claiming through or connected with you), on the one hand, and us (or persons claiming through or connected with us), on the other
hand, relating to or arising out of the Borrower Agreement, the Loan Agreement, any Service (including but not limited to the Site and the
LC Platform), any loan application, loan request, or loan, and/or the activities or relationships that involve, lead to, or result from any of the
foregoing. Claims are subject to arbitration regardless of whether they arise from contract, tort (intentional or otherwise), a constitution,
statute, common law, principles of equity, or any other legal theory. Claims include matters arising as initial claims, counter-claims, cross-
claims, third-party claims, or otherwise.
The scope of this Arbitration Agreement is to be given the broadest possible interpretation that Is enforceable. Your agreement to the
Borrower Agreement is made pursuant to a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1, et seq.,
govems the interpretation and enforcement of this Arbitration Agreement.
b. Opt Out Procedure, You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to LendingClub
Bank, N.A., 595 Market Street, Suite 200, San Francisco, California 94105, Attention: Legai Department, which is received at the specified
address within 30 days of the date of your electronic acceptance of the Barrower Agreement. The opt-out notice must clearly state that you
are rejecting arbitration; identify the Borrower Agreement to which it applies by date; provide your name, address, and social security
number; and be signed by you. You may send an opt-out notice by mail, delivery service (e.g., UPS, FedEx), or courier as long as it is
received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Agreement. If the
opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out
The authoritative document is maintained by LandingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 RECEIVED of an authoritative
This is a copy NYSCEF: document
03/26/2024
notice on your behalf. If you opt out of this Arbitration Agreement, all other parts of the Borrower Agreement will continue to apply.
c. Pre-Arbitration Notice of Dispute. If a Claim arises, our goal is to leam about and address your concems and, if we are unable to do so
to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before filing any claim in
arbitration, you may notify us of a Claim or dispute you may have by sending an email to customeradvocacy@iendingclub.com at any time,
or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT.
d. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a
judge or jury, and court review of an arbitration award is very limited. The arbitrator(s) can award the same damages or other types of relief
an an individual basis that a court could under applicable law, subject to the limitations set forth in this Arbitration Agreement All issues are
for the arbitrator(s) to decide, except issues relating to arbitrability, the scope or enforceability of this Arbitration Agreement, or the
interpretation or enforceability of Section 16(f) below (Prohibition of Class and Representative Actions and Non-Individualized Relief) shall
be for a court of competent jurisdiction to decide.
The party initiating arbitrationshall do so with the American Arbitration Association (the "AAA") or JAMS. The arbitration shall be conducted
according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected,
' nterva' '
except to the extent such rules or icies con with t itrat Agre ent or an licable law. If you have any
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questlans concerning the wo li ob a : py o ration r , , yo ay a 1 800) 778-7879 or visit the AAA's
web site at: www.adr.org. If y have any q estions c r c AM ould like t obtain o1 . JAMS arbitration rules, you may
call 1(800) 352-5267 or visit S's at: .j; sadr.com. In e case of nflict a n the rules and policies of the
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administrator and this Arbitratio ement, rbitr 2 on Agreeme
hall control, tabi to c ntervailing applicable law, unless all
parties to the arbitradon consent to have the rules and policies of the administrator apply.
If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on
written submissions, which election shall be binding on you and us subject to the discretion of the arbitrator(s) to require an in-person
hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the
arbitrator(s) requires otherwise.
-
pt to th ±exte p s. ers , or s me e Ii rato (s) will sni s tive la of
, with t ireg d to pri i iples a confli t o , to I r1in a i ation, i ing rec i nized p in I les o qui , and will
n ll c a ms of ivileg : ecog 11 I he arbi t ps to sona et cor fi entia i ifor ti Th: f
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e ar I a s) s be fit I and ai ding, d me n be e t red i ny c of c-i pete li juris i I n.
e. Costs of Arbitration. If we elect arbitration, we shall pay all the administrators filing costs and administrative fees (other than hearing
fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the
administrator selected, or in accordance with countervailing applicable law, if contrary to the administrators rules. We shall pay the
administrators hearing fees for up to one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party
requesting the hearing, unless the administrator's rules or applicable law require otherwise, you request that we pay them and we agree to
do so, or you are able to demonstrate to the arbitrator(s) that the costs of accessing arbitration will be prohibitive as compared to the costs
of accessing a court for purposes of pursuing litigation on an individual basis. Each party shall bear the expense of its own attomeys' fees,
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except as otherwi: e db aill bl aw. I L_ _J
' l' GHAU . )ROCEED ON A CLASS,
f. Prohibition of Ci: Es and r sentaf tions and m Inc i"I e il ef 11F A
REPRESENTATl0 ?, OR LL TIV INC I 1A§ : P I /A T f )F NEY GENE F AL 1 ON ( Þ BEHALF OF OTHERS),
EVEN IF THE CLE CLAIM T ARE UBJE FT A ITFsA ON-FTADÔ'F EVIOU Y BEET4ASSERTED OR COULD
HAVE BEEN ASSERTED IN COURT ON A PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU AND WE ALSO
AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION
AGAINST US OR YOU. UNLESS CONSENTED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION: (1) NO PARTY TO THE
ARBITRATION MAY JOIN, CONSOLIDATE, OR OTHERWISE BRING CLAIMS FOR OR ON BEHALF OF BA/O OR MORE INDIVIDUALS
OR ENTITIES IN THE SAME ARBITRATION UNLESS THOSE PERSONS OR ENTITIES ARE PARTIES TO A SINGLE TRANSACTION,
AND (2) AN AWARD IN ARBiTRATION SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE NAMED PARTIES ONLY, AND
ONLY WITH RESPECT TO THE CLAIMS IN ARBITRATION, AND SHALL NOT (A) DETERMINE THE RIGHTS, OBLIGATIONS, OR
INTERESTS OF ANYONE OTHER THAN A NAMED PARTY, OR RESOLVE ANY CLAIM OF ANYONE OTHER THAN A NAMED PARTY:
NOR (B) MAKE AN AWARD FOR THE BENEFIT OF, OR AGAINST, ANYONE OTHER THAN A NAMED PARTY. NO ADMINISTRATOR
OR ARBITRATOR SHALL HAVE THE POWER OR AUTHORITY TO WAIVE, MODIFY, OR FAIL TO ENFORCE THIS SECTION 16(F),
AND ANY ATTEMPT TO DO SO, WH ETHER BY RULE, POLICY, ARBITRATION DECISION OR OTHERWISE, SHALL BE INVALID AND
UNENFORCEABLE. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 16(F) SHALL BE DETERMINED EXCLUSlVELY BY A
COURT OF COMPETENT JURISDICTION AND NOT BY THE ADMINISTRATOR OR ANY ARBITRATOR.
g. Survival and Severability, This Arbitration Agreement shall survive (i) the suspension, termination, revocation, closure of, or amendments
to, the Borrower Agreement, Loan Agreement, and/or the relationship between you and us: (ii) the bankruptcy or insolvency of you or us or
any other person; and (ill) any transfer or assignment of any foan or Loan Agreement(s) or any other promissory note(s) which you owe, or
any amounts owed on such loans or notes, to any other person or entity.
The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 This is a copy NYSCEF:
RECEIVED of an authoritative document
03/26/2024
If any portion of this Arbitration Agreement other than Section 16(9 is deemed invalid or unenforceable, the remaining portions of this
Arbitration Agreement shall nevertheless remain valid and in force. If a court decides that any of the provisions of section 16(f) above is
invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief and that decision is
not overturned after any rights to appeal are exhausted, then any dispute regarding the entitlement to such relief (and only that form of
relieD must be severed from arbitration and may be IItigated in court. Also, if a court decides that any of the provisions of Section 16(D
above is invalid or unenforceable for any other reason and that decision is not overturned after any rights to appeal are exhausted, then
any dispute or Claim that may not be arbitrated in accordance with the provisions of Section 16(f) that are held to be Invalid or
unenforceable must be severed from arbitration and may be litigated in court. For the sake of clarity, in no event shall any court decision
finding a provision of Section 16(D invalid or unenforceable be deemed to authorize an arbitrator to determine Claims or make awards
beyond those authorized in this Arbitration Agreement.
17. Loan Cancellation. YOU MAY CANCEL THE LOAN AGREEMENT AT ANY TIME UP TO MIDNIGHT OF THE FIFTH CALENDAR DAY
AFTER THE LOAN HAS BEEN FUNDED OR, IF THE FIFTH CALENDAR DAY IS A SUNDAY OR IS DEEMED A HOLIDAY BY US, MIDNIGHT
OF THE NEXT BUSINESS DAY FOLLOWING SUCH SUNDAY OR HOLIDAY. YOUR LOAN AGREEMENT MAY BE CANCELLED BY
TELEPHONE AT THE PHONE NUMBER BELOW BETWEEN THE HOURS OF 5:00 AM TO 5:00 PM PST, MONDAY THROUGH FRIDAY AND
8:00 AM TO 5:00 PM PST SATURDAYS, EXCEPT FOR DAYS DEEMED HOLIDAYS BY US, OR VIA EMAIL AT THE ADDRESS BELOW.
CANCELLATION OUTSIDE OF N US Ui BE DE VI , CA1 ION BY EMAIL WILL BE
* IF YOU DECIDE TO CANCEL,
DETERMINED BY THE TIME ST P ON H MAIL I PP S OR O AGEN
ALL LOAN PROCEEDS WILL BE ITHD FROM I OUNT ITHIN TE 0) BU I E S DAYS AFTER WE RECEIVE NOTICE
OF YOUR LOAN CANCELLATION. R N CANNOT W HDRAW TH MO NT FROM YOUR BANK ACCOUNT
AND YOU DO NOT OTHERWISE RETURN THE LOAN PROCEEDS WITHIN THE TEN (10) BUSINESS DAY PERIOD REFERENCED
ABOVE, YOU WILL STILL BE RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT AND
THE LOAN AGREEMENT, INCLUDING BUT NOT LIMITED TO PAYMENT OF ANY FEES, INTEREST, AND PRINCIPAL OF THE LOAN. YOU
MAY CANCEL THE LOAN AGREEMENT BY CONTACTING US AT SUPPORT@LENDINGCLUB.COM OR CALLING 888-596-3157.
IN OUR SOLE DISCRETION, WE MAY TERMINATE THIS BORROWER AGREEMENT, AND ANY RELATED LOAN AGREEMENT, FOR ANY
REASON PRIOR TO THE FUNDING OF YOUR LOAN,
L__ -J L- __J L -J __.--J
The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 RECEIVED of an authoritative
This is a copy NYSCEF: document
03/26/2024
Exhibit A
Loan Agreement and Promissory Note
Borrower Member ID:
.Joint Applicant/Co-Borrower Member ID:
$
, 20
"Borrower"
In this Loan Agreement and Promissary Note (the "Note"), the word refers to each borrower and joint applicant/co-borrower named
"Lender" refers to LendingClub
above or otherwise obligated under this Note. The word Bank, National Association, and any subsequent holder
of this Note. For value received, Borrower promises to pay to the order of Lender the principal sum of ($ )
Dollars with interest as set forth below. Barrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all of
the terms of this Note.
interest Rate. This Note bears interest during each calendar month from the date hereof until paid in full, at a fixed rate of (%) per
annum (the "Interest Rate"). Interes il gin to as 4th te e loan ceeds i urse d-After-jnaturity, the unpaid balance of
the principal will earn interest at tl ame e r te.
Interest Calculation Method. Inter is cal a e daily ti e basis of a 36 day year +t 12 m s ch of which is 30 days (or 30/360)
long, regardless if a month has mor er th ays, is Note shal ear interest a vert installment of principal and, to the
extent permitted by applicable law, on any overdue installment of interest, at the Interest Rate as calculated above.
Payments, Principal and interest are to be paid during and throughout the period of months in the following manner:
Payrnents of principal and interest in the amount of ($ ) Dollars are to be made by Borrower to Lender commencing
, 20_, and on the same day of each successive month thereafter until , 20__, when the full amount of unpaid
principal, together with unpaid accrued interest is due and payable. If the monthly anniversary is on the 29th, 30th, or 31st of the month, and the
followin monti _does n have a 29th, th, or 31st da e monthly payment_will be due on the ast day of the mont 1in which the Jayment
L__ _J L_ __I l- _J __J
Bor t p tymer t ight 3of a d fferen t m nt, whi cc ghe han ti c mon or ru nding
ment a Trounu to a
a r due c fat of dai interts char e ; in sta 1 es su U. payn g nt dge g Barraer ma g a pi
date c er
the payment due date. If any late charges or other fees and charges due to Lender have not been paid, as described further below, Borrower
will also owe Lender additional amounts for those fees and charges. In such cases, the amount of the last monthly payment will be adjusted by
the amount necessary to repay the loan in full
Borrower must pay Lender in U.S. dollars using a check or electronic debit that is drawn on and honored by a bank in the United States.
full"
Borrower may not make payments in cash. Barrower agrees that Lander can accept late or partial payments, or payments marked "paid in
or other restrictive endorsements, without losing its rights.
Barrower may have de i n m ay the am t Hach c y ocn e Ïc due i de-bmC’f transfer, Barrower
'
acknowledges that sur 1author z f is assi I by Lende wr any b: c- b nt k er a te I em nt the t .ender or any subsequent
holder of the Note selk , issign , o t nsfer i terest tl it Note
Loan proceeds may be disbursed into a deposit account designated by Borrower and held by or for the benefit of Barrower ("Designated
Barrower Account") or, for the purpose of satisfying in whole or in part a debt obligation of Borrower, to an account held by or for the benefit of a
third party creditor designated by Borrower ("Designated Creditor Account"), Borrower is responsible for ensuring that all names and account,
routing or other similar information provided by Borrower to Lender for any Designated Borrower Accounts or Designated Creditor Accounts
(collectively, "Designated Accounts") are accurate and complete. Borrower agrees to hold Lender and any subsequent haider of the Note
harmless for any alleged or actual loss, claim, fee or other damage or expense Borrower may suffer related to the failure of a Designated
Account to receive such proceeds if such failure was the result (directly or indirectly) of any error in any name or account, routing or other
similar information provided by Borrower to Lender. Borrower acknowledges that neither Lender nor any subsequent holder of the Note has any
obligation to confirm or investigate the accuracy or completeness of the information Barrower has provided. Barrower further agrees that, if loan
proceeds are rejected by any Designated Creditor Account, Lender may deliver loan proceeds into any Designated Borrower Account to satisfy
Lender's obligation of loan proceed delivery. In all events under this section, interest will begin to accrue as of the date of issuance of the
joam and not upon the actual receipt of proceeds by Barrower or any other designated third party, except that no interest will be due to the
extent this Note is canceled as set forth in the Borrower Agreement. If Lender is unable to deliver any loan proceeds to any Designated Account
after 14 days from the initial delivery attempt, the loan will be canceled and Barrower will not owe any interest on the loan. For avoidance of
doubt, if partial loan proceeds (any amount above $0) are delivered to any Designated Account, then the loan will not be canceled. If Lender is
only able to deliver partial loan proceeds to any Designated Account after 14 days, Lender will apply the undelivered portion to the outstanding
balance in accordance with its normal payment application procedures.
If Borrower elects to make payments by check, Barrower must send the check either by regular mail or by overnight mail or UPS delivery to
The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024
NYSCEF DOC. NO. 2 This is a copy NYSCEF:
RECEIVED of an authoritative document
03/26/2024
Wells Fargo
Preview
FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 Exhibit A FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 This is a copy of an authoritative document NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 LOAN SUMMARY Loan ld: 176662464 Primary Borrower Contact Information Full Real Name: Ladz Jacques Simon Screen Name: Member_230256503 Email: jacquessimonlodz@ymail.com#4 Address: 639 E 82nd St Brooklyn, NY 11236 Home Phone: 347-984-0353 Cell or Work Phone: 212-687-5440 Loan Information + Loan Issue Date: 4/26/2 j Original Loan Amount: $30,0 0 00 Principle Balance: $18,94 . Principle Balance Date: 1/31/23 Payoff Balance: $20,488.59 Payoff Date: 1/31/23 Loan Documents Document Name Dateltime Document Version Signed The authoritative document is maintained by LendingClub Corporation and this copy was created Jan 31 2023 09:07:31 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 LoanlD: 1000-176662464 This is a copy of an authoritative document NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 Date Signed: 4/19/2021 Borrower Agreement Lastupdated March, 202L Please read this Borrower Agreement carefully and print or save a copy for future reference. This Borrower Agreement is between you ("you" and "your" mean you and each and every other borrower, including any joint applicant/co- ("we," "us," "our," borrower, who Is obtaining a loan from us) and LandingClub Bank, National Association and "LendingClub"). If you request a loan from us, and if that request results in a loan that is approved and funded, then your loan will be govemed by the terms of this Barrower Agreement and the Loan Agreement and Promissory Note, which is attached to this Barrower Agreement as Exhibit A (the "Loan Agreement"), as may be revised from time to time. The version of the Loan Agreement in effect when you make a loan request will apply to any loan made in response to that request, and any separate loan would be governed by the version of the Loan Agreement then in effect. By consenting to this Borrower Agreement, you are also agreeing to the Loan Agreement and authorizing us to complete the Loan Agreement as necessary to facilitate your loan request. This Borrower Agreement will terminate if your loan request is cancelled, withdrawn, or declined. BY ELECTRONICALLY SIGNIN S E R H SIG R ENT TO THESE TERMS. princ' 1. Loan Terms, Your loan will ha a ance i h : nt set fo in the fin ruth i n fi g disclosure ("TIL Disclosure") and Loan Agreement corresponding to .Y nd cknowledge t any preli di ; losures made to you prior to the disbursement of loan proceeds may be revised based on the actual, initial principal balance of the loan. All foans are unsecured, fully- arnortizing, closed-end loans for the term stated in your TIL DIsclosure and Loan Agreement. Your obligations, including your obligation to repay principal and interest, are set forth in the TIL Disclosure and the Loan Agreement. Other fees and terms of the foan will also be set forth in the Loan Agreement All payments are to be applied to your obligations as we determine in our sole discretion, except to the extent applicable law requires that we apply payments in a specific manner. 2. Limited Power of Attorney Grant. As a condition to receiving a loan from us, you hereby grant to us a limited power of attomey ("Power of ' Attom ") and point r a nur t3e dI attor -in-fact ent, Ni h of s stituti -spl s tion, fo ( your , pla and Et: ad, Ir t ny an J all ca I , to: " e d exey to the I oan / g eem (s I the fo a t ch s Ed ibit A h it refl ceptc d termt : et fa each f your inal TI i s) as I u :h mE be po di e to our 10 It q jest( n th nilne ount pu ha 9 esta ed, r r establish, with us ("Online Account"); " Agree to any changes necessary to correct any errors or omissions in any Loan Agreement(s) before or after execution; provided that notice is given to you; and " Otherwise act with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the exercise of such other powers above as fully to all intents and puÆoses as you might or could do in person. This Power of Attomey is limited solely to the purpose described above and will expire automatically upon the termination of this Borrower Agreement You may rmnis this Pow ttomey ntac ing us Etsu It@lendig or c ling 81 8- and cancelling your loan request; provided I owe , if an re s s be a roved y )u t pr t -n h notice 3 et loan oceeds are transferred to a Designated Account ad bef t Loan e ent is exe t ted or l ot r ai . ar e cc f f the fo t going acts by us on your behalf will occur in the ate ta nee L Agr vis sig d 3 o i de gnee acti1 as attor u y-in-fact, it is deemed ' ' - --- executed on your beh fm s all be y alld an ng obh n the aft . 3. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT, AND THE LOAN TRANSACTION BETWEEN YOU AND US IS NOT COMPLETED (1.E., CONSUMMATED), UNTIL YOUR LOAN HAS BEEN FUNDED. YOU ACKNOWLEDGE THAT WE ARE MATERJALLY RELYlNG UPON THis UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. 4. Information for Members of the Armed Forces and their Dependents. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). If you are a member of the Armed Forces, or a dependent of a member of the Armed Forces, you may call (844) 538-6754 to hear the preceding statement and certain payment-related information. 5. Use of Loan Proceeds. You agree that you will not use any loan proceeds: (i) to fund any post-secondary educational expenses, Including, but not limited to, tukion, fees, books, supplies, miscellaneous educational expenses, or room and board; (ii) to fund any illegal activity or any other activity or use not otherwise allowed under thIs Borrower Agreement or the terms applicable to any products or services that we offer (each, a "Service"), including but not limited to all LendingClub websites and the subdomains thereof (collectively, the "Site") and the group of financial service technologies that LendingClub or any of its affiliates have developed to enable the services we facilitate or provide (collectively, The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 This is a copy of an authoritative document NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 the "LC Platform"); (iii) for the purpose of purchasing or carrying any securities; or (iv) for the purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof. You further acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us and all representations you make to us. ti Joint and Several Liability. The liability of any joint applicant/co-borrower under this Borrower Agreement and under the Loan Agreement is in addition to and not in lieu of the obligations of the primary borrower. The joint applicant/co-borrower agrees to abide by the terms and conditions of this Borrower Agreement, the Loan Agreement, and any other agreements and documents provided or executed as part of the loan application process, as if an original signatory. We (and our designees, successors, and assigns) have sole discretion to proceed, at any time, against any party responsible under this Barrower Agreement. Further, we (and our designees, successors, and assigns) can accept instructions from either you or the joint applicant/co-borrower, and can provide any notice or disclosure to either you or the joint applicantico-borrower, which shall be binding an and deemed simultaneously received by each. 7. Consent for Communications. You expressly consent and agree to receive comrnunications (including but not limited to prerecorded or artificial voice message calls, text me es, and s mad : an a atic te hone dia syste s, our affiliates, successors and assigns, and designated third-pa ervi r j ers t g o our h , re ing an o co t application that you submit or attempt to submit to us, any loan that you a tain from through ,a cco at you e t blish w u telephone number that you provide to us or that we can reas bly a c with { rough skip tr c , caller ID ture r t means), now and in the future, including cellular telephone numbers. agree etl us i any telephon number asso with y such application, loan, or account, changes or is reassigned to a new subscriber. You certify that you are authorized to provide this consent because you are either the subscriber of the telephone number you provide or a non-subscriber customary user with authority to provide this consent. Standard communication rates, fees, and charges from your telephone service provider may apply. You agree that we may monitor and record any communications between you and us for quality assurance and other permitted business purposes. You understand and agree that we may always communicate with you in any manner allowed by law that does not require your consent. 8. Assignment; Servicing; Registration. We may sell, assign, or transfer this Borrower Agreement and the Loan Agreement, or any of our rights er th or agreemeDt ]the L A t, in in W g|13 1 . nde o ge an third- assi ee m furth: r sell, assign o a er your a 1 gree nt d all socFat ument± nd ini) m ti n r e tb the Loan ' Agr t, in ole a i part A any t e, wit ut ur can e t a to y (sub t to law the t gist o equ r be ). Yo stand r nd ag e th ea sig i e of t r Agrr e en ay s ace ; nt infur natio th an or sub-servicer. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Borrower Agreement or any Loan Agreernent to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this section 8 shall be null and void. Subject to applicable law, we may delegate servicing of any loan you obtain to another entity in our sole discretion without notice, and any subsequent holder of the Loan Agreement may act as servicer of any loan that you obtain, and may delegate servicing to another entity in its sole discretion without notice. You hereby appoint us as your agent (in such capacity, the "Note Registrar") for the purpose of maintaining a book-entry systern (the "Register") for recording the names and addresses of any owner of beneficial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note oui h t r a from i e me. f p: e.s > s id r i ed c lin Note Owners in the Register shall be treate d as the r(s) of t I e for purp es of Ie ei It if rineigal .a e t on a ch Note and for all other purposes. With respec t > any n by a ner s nefic in N , the righ. a p ent of hincipal and interest on this Note shall not be c itect ntil th er is in t ster _J . 9. Entire Agreement, This Borrower Agreement, together with any corresponding Loan Agreement, the Application Terms and Conditions, any other document provided or executed as part of the loan application process, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to your loan request and loan. 10, Electronic Transactions. THIS BORROWER AGREEM1ENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES. 11. Notices. Unless we state otherwise in this Borrower Agreement, all notices to be provided to us under this Borrower Agreement must be sent to us at LendingClub Bank, N.A., 595 Market Street, Suite 200, San Francisco, Callfomia 94105, Attention: Legal Department. All notices and other communications from us to you hereunder may be given by email to your registered email address or posted in your Online Account, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have control of such email account and your Online Account, and that communications from us may contain sensitive, confidential, and collections-related communications. If your registered email address changes, you must notify us of the change by sending an email to support@iendingelub.com or calling 888-598-3157. You also agree to update your registered residence address and telephone number if they change, which you may do in your Online Account. You acknowledge and agree that, if your loan is assigned, you must notify your loan servicer of any changes to your contact information. 12. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS BORROWER AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NDT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR The authoritative document is maintained by LandingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 RECEIVED of an authoritative This is a copyNYSCEF: document 03/26/2024 A PARTICULAR PURPOSE. 13. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THIS BORROWER AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. 14. Controlling Law, We are located in the State of Utah, this Barrower Agreement is entered into in the State of Utah and is a contract made under the law of the State of Utah, and funds for loans are disbursed from the State of Utah, The provisions of this Borrower Agreement will be govemed by Federal laws and the laws of the State of Utah to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. 15. Miscellaneous. The parties acknowledge that there are no third-party beneficiaries to this Borrower Agreement. Any waiver of a breach of any provision of this Borrower Agreement will not be a waiver of any other subsequent breach, Failure or delay by either party to enforce any term or condition of this Borrower Agreement will not constitute a waiver of such term or condition. Without limking the foregaing, we may extend the time to make a payment without extending the time to make other payments, accept late or partial payments without waiving our r' right to have future payments made w they ar , or w n f a withou asing the t to imp fee when due in the future. If at th' any time after the date of this Borr er A e , a ti prov I n orrow . ree t ; a e eld by any court of competent jurisdiction to be illegal, void or u e forceable uch pro i ic n of ce and e ct, but t il e nd unenforceability of such provision shall have no effect upo nd s n 'mpair :: forceability o ny other p 'sions hi s orrower Agreement, The headings in this Borrower Agreement are for refe n purpo y at shall not affe the interpreta this . rrower Agreement in any way. You acknowledge and agree that this Borrower Agreement, Including section 16 below, shall apply to any assignee or subsequent holder of the loan. 16. Arbitration Agreement. RESOLUTION OF DISPUTES: PLEASE READ THIS PROViSION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IF YOU DO NOT OPT OUT OF THIS ARBITRATION AGREEMENT AS PROVIDED IN SECTION 16(b} BELOW. IF YOU ARE A "COVERED BORROWER" AS DEFINED BY THE MILITARY LENDING ACT (32 C.F.R. § 232, AS AMENDED FROM TIME TO TIME), THIS SECTION 16 (ARBITRATION AGREEMENT) IS NOT LICA E TO a 2_ypt i O N N TAK ER / QT113 T. FQ!115th 5 F TH f E 16 ,""US," (AR 10 GRE ENT , THE RMS L 1 3E L INGC ANK, r !/ TION It , LE U ORP ATlul1, ANh rI ESPE V2 ATE E, RE ED OR NTITII1 , A P EC SUCI ESSOi: IN I =R SL SEQ 1 I OLD OF YL YO J OBT/ IU; A YA 1 OF ANY CORRESPONDING LOAN AGREEMENT. YOU AND WE ACKNOWLEDGE THAT WE AND YOU HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER WE OR YOU ELECTS TO HAVE A DISPUTE DECIDED THROUGH ARBITRATION PURSUANT TO THIS ARBITRATION AGREEMENT. YOU AND WE NEVERTHELESS HEREBY KNOWINGLY AND VOLUNTARILY WAlVE OUR RIGHTS TO LITIGATE CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER YOU OR US. a. You and We Agree to Arbitrate Disputes Between Us. Either you or we may, at eithers sole election, require that the sole and exclusive forum for resolutioT im b d bi itr on pur 4 at tT this -6 tit ri it a -on A r eme n"),..unless you opt out as provided in Sectio 1 6(b) e a c e ag o to inv e i r right t a i te h dtri ual Clain m bring h small claims court, so long as the Claim ains s h court vance o b on at i dv d a ti s non-rep t se t v ) bm i: and seeks relief only applicable to you, J . "Claim" As used in this Arbitration Agreement, shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us (or persons claiming through or connected with us), on the other hand, relating to or arising out of the Borrower Agreement, the Loan Agreement, any Service (including but not limited to the Site and the LC Platform), any loan application, loan request, or loan, and/or the activities or relationships that involve, lead to, or result from any of the foregoing. Claims are subject to arbitration regardless of whether they arise from contract, tort (intentional or otherwise), a constitution, statute, common law, principles of equity, or any other legal theory. Claims include matters arising as initial claims, counter-claims, cross- claims, third-party claims, or otherwise. The scope of this Arbitration Agreement is to be given the broadest possible interpretation that Is enforceable. Your agreement to the Borrower Agreement is made pursuant to a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1, et seq., govems the interpretation and enforcement of this Arbitration Agreement. b. Opt Out Procedure, You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to LendingClub Bank, N.A., 595 Market Street, Suite 200, San Francisco, California 94105, Attention: Legai Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the Barrower Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the Borrower Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice by mail, delivery service (e.g., UPS, FedEx), or courier as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Agreement. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out The authoritative document is maintained by LandingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 RECEIVED of an authoritative This is a copy NYSCEF: document 03/26/2024 notice on your behalf. If you opt out of this Arbitration Agreement, all other parts of the Borrower Agreement will continue to apply. c. Pre-Arbitration Notice of Dispute. If a Claim arises, our goal is to leam about and address your concems and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before filing any claim in arbitration, you may notify us of a Claim or dispute you may have by sending an email to customeradvocacy@iendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. d. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. The arbitrator(s) can award the same damages or other types of relief an an individual basis that a court could under applicable law, subject to the limitations set forth in this Arbitration Agreement All issues are for the arbitrator(s) to decide, except issues relating to arbitrability, the scope or enforceability of this Arbitration Agreement, or the interpretation or enforceability of Section 16(f) below (Prohibition of Class and Representative Actions and Non-Individualized Relief) shall be for a court of competent jurisdiction to decide. The party initiating arbitrationshall do so with the American Arbitration Association (the "AAA") or JAMS. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, ' nterva' ' except to the extent such rules or icies con with t itrat Agre ent or an licable law. If you have any ' ' questlans concerning the wo li ob a : py o ration r , , yo ay a 1 800) 778-7879 or visit the AAA's web site at: www.adr.org. If y have any q estions c r c AM ould like t obtain o1 . JAMS arbitration rules, you may call 1(800) 352-5267 or visit S's at: .j; sadr.com. In e case of nflict a n the rules and policies of the ' administrator and this Arbitratio ement, rbitr 2 on Agreeme hall control, tabi to c ntervailing applicable law, unless all parties to the arbitradon consent to have the rules and policies of the administrator apply. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator(s) requires otherwise. - pt to th ±exte p s. ers , or s me e Ii rato (s) will sni s tive la of , with t ireg d to pri i iples a confli t o , to I r1in a i ation, i ing rec i nized p in I les o qui , and will n ll c a ms of ivileg : ecog 11 I he arbi t ps to sona et cor fi entia i ifor ti Th: f ' e ar I a s) s be fit I and ai ding, d me n be e t red i ny c of c-i pete li juris i I n. e. Costs of Arbitration. If we elect arbitration, we shall pay all the administrators filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing applicable law, if contrary to the administrators rules. We shall pay the administrators hearing fees for up to one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, you request that we pay them and we agree to do so, or you are able to demonstrate to the arbitrator(s) that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis. Each party shall bear the expense of its own attomeys' fees, - - except as otherwi: e db aill bl aw. I L_ _J ' l' GHAU . )ROCEED ON A CLASS, f. Prohibition of Ci: Es and r sentaf tions and m Inc i"I e il ef 11F A REPRESENTATl0 ?, OR LL TIV INC I 1A§ : P I /A T f )F NEY GENE F AL 1 ON ( Þ BEHALF OF OTHERS), EVEN IF THE CLE CLAIM T ARE UBJE FT A ITFsA ON-FTADÔ'F EVIOU Y BEET4ASSERTED OR COULD HAVE BEEN ASSERTED IN COURT ON A PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU AND WE ALSO AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION AGAINST US OR YOU. UNLESS CONSENTED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION: (1) NO PARTY TO THE ARBITRATION MAY JOIN, CONSOLIDATE, OR OTHERWISE BRING CLAIMS FOR OR ON BEHALF OF BA/O OR MORE INDIVIDUALS OR ENTITIES IN THE SAME ARBITRATION UNLESS THOSE PERSONS OR ENTITIES ARE PARTIES TO A SINGLE TRANSACTION, AND (2) AN AWARD IN ARBiTRATION SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE NAMED PARTIES ONLY, AND ONLY WITH RESPECT TO THE CLAIMS IN ARBITRATION, AND SHALL NOT (A) DETERMINE THE RIGHTS, OBLIGATIONS, OR INTERESTS OF ANYONE OTHER THAN A NAMED PARTY, OR RESOLVE ANY CLAIM OF ANYONE OTHER THAN A NAMED PARTY: NOR (B) MAKE AN AWARD FOR THE BENEFIT OF, OR AGAINST, ANYONE OTHER THAN A NAMED PARTY. NO ADMINISTRATOR OR ARBITRATOR SHALL HAVE THE POWER OR AUTHORITY TO WAIVE, MODIFY, OR FAIL TO ENFORCE THIS SECTION 16(F), AND ANY ATTEMPT TO DO SO, WH ETHER BY RULE, POLICY, ARBITRATION DECISION OR OTHERWISE, SHALL BE INVALID AND UNENFORCEABLE. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 16(F) SHALL BE DETERMINED EXCLUSlVELY BY A COURT OF COMPETENT JURISDICTION AND NOT BY THE ADMINISTRATOR OR ANY ARBITRATOR. g. Survival and Severability, This Arbitration Agreement shall survive (i) the suspension, termination, revocation, closure of, or amendments to, the Borrower Agreement, Loan Agreement, and/or the relationship between you and us: (ii) the bankruptcy or insolvency of you or us or any other person; and (ill) any transfer or assignment of any foan or Loan Agreement(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 This is a copy NYSCEF: RECEIVED of an authoritative document 03/26/2024 If any portion of this Arbitration Agreement other than Section 16(9 is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. If a court decides that any of the provisions of section 16(f) above is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief and that decision is not overturned after any rights to appeal are exhausted, then any dispute regarding the entitlement to such relief (and only that form of relieD must be severed from arbitration and may be IItigated in court. Also, if a court decides that any of the provisions of Section 16(D above is invalid or unenforceable for any other reason and that decision is not overturned after any rights to appeal are exhausted, then any dispute or Claim that may not be arbitrated in accordance with the provisions of Section 16(f) that are held to be Invalid or unenforceable must be severed from arbitration and may be litigated in court. For the sake of clarity, in no event shall any court decision finding a provision of Section 16(D invalid or unenforceable be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Agreement. 17. Loan Cancellation. YOU MAY CANCEL THE LOAN AGREEMENT AT ANY TIME UP TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE LOAN HAS BEEN FUNDED OR, IF THE FIFTH CALENDAR DAY IS A SUNDAY OR IS DEEMED A HOLIDAY BY US, MIDNIGHT OF THE NEXT BUSINESS DAY FOLLOWING SUCH SUNDAY OR HOLIDAY. YOUR LOAN AGREEMENT MAY BE CANCELLED BY TELEPHONE AT THE PHONE NUMBER BELOW BETWEEN THE HOURS OF 5:00 AM TO 5:00 PM PST, MONDAY THROUGH FRIDAY AND 8:00 AM TO 5:00 PM PST SATURDAYS, EXCEPT FOR DAYS DEEMED HOLIDAYS BY US, OR VIA EMAIL AT THE ADDRESS BELOW. CANCELLATION OUTSIDE OF N US Ui BE DE VI , CA1 ION BY EMAIL WILL BE * IF YOU DECIDE TO CANCEL, DETERMINED BY THE TIME ST P ON H MAIL I PP S OR O AGEN ALL LOAN PROCEEDS WILL BE ITHD FROM I OUNT ITHIN TE 0) BU I E S DAYS AFTER WE RECEIVE NOTICE OF YOUR LOAN CANCELLATION. R N CANNOT W HDRAW TH MO NT FROM YOUR BANK ACCOUNT AND YOU DO NOT OTHERWISE RETURN THE LOAN PROCEEDS WITHIN THE TEN (10) BUSINESS DAY PERIOD REFERENCED ABOVE, YOU WILL STILL BE RESPONSIBLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE BORROWER AGREEMENT AND THE LOAN AGREEMENT, INCLUDING BUT NOT LIMITED TO PAYMENT OF ANY FEES, INTEREST, AND PRINCIPAL OF THE LOAN. YOU MAY CANCEL THE LOAN AGREEMENT BY CONTACTING US AT SUPPORT@LENDINGCLUB.COM OR CALLING 888-596-3157. IN OUR SOLE DISCRETION, WE MAY TERMINATE THIS BORROWER AGREEMENT, AND ANY RELATED LOAN AGREEMENT, FOR ANY REASON PRIOR TO THE FUNDING OF YOUR LOAN, L__ -J L- __J L -J __.--J The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 RECEIVED of an authoritative This is a copy NYSCEF: document 03/26/2024 Exhibit A Loan Agreement and Promissory Note Borrower Member ID: .Joint Applicant/Co-Borrower Member ID: $ , 20 "Borrower" In this Loan Agreement and Promissary Note (the "Note"), the word refers to each borrower and joint applicant/co-borrower named "Lender" refers to LendingClub above or otherwise obligated under this Note. The word Bank, National Association, and any subsequent holder of this Note. For value received, Borrower promises to pay to the order of Lender the principal sum of ($ ) Dollars with interest as set forth below. Barrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all of the terms of this Note. interest Rate. This Note bears interest during each calendar month from the date hereof until paid in full, at a fixed rate of (%) per annum (the "Interest Rate"). Interes il gin to as 4th te e loan ceeds i urse d-After-jnaturity, the unpaid balance of the principal will earn interest at tl ame e r te. Interest Calculation Method. Inter is cal a e daily ti e basis of a 36 day year +t 12 m s ch of which is 30 days (or 30/360) long, regardless if a month has mor er th ays, is Note shal ear interest a vert installment of principal and, to the extent permitted by applicable law, on any overdue installment of interest, at the Interest Rate as calculated above. Payments, Principal and interest are to be paid during and throughout the period of months in the following manner: Payrnents of principal and interest in the amount of ($ ) Dollars are to be made by Borrower to Lender commencing , 20_, and on the same day of each successive month thereafter until , 20__, when the full amount of unpaid principal, together with unpaid accrued interest is due and payable. If the monthly anniversary is on the 29th, 30th, or 31st of the month, and the followin monti _does n have a 29th, th, or 31st da e monthly payment_will be due on the ast day of the mont 1in which the Jayment L__ _J L_ __I l- _J __J Bor t p tymer t ight 3of a d fferen t m nt, whi cc ghe han ti c mon or ru nding ment a Trounu to a a r due c fat of dai interts char e ; in sta 1 es su U. payn g nt dge g Barraer ma g a pi date c er the payment due date. If any late charges or other fees and charges due to Lender have not been paid, as described further below, Borrower will also owe Lender additional amounts for those fees and charges. In such cases, the amount of the last monthly payment will be adjusted by the amount necessary to repay the loan in full Borrower must pay Lender in U.S. dollars using a check or electronic debit that is drawn on and honored by a bank in the United States. full" Borrower may not make payments in cash. Barrower agrees that Lander can accept late or partial payments, or payments marked "paid in or other restrictive endorsements, without losing its rights. Barrower may have de i n m ay the am t Hach c y ocn e Ïc due i de-bmC’f transfer, Barrower ' acknowledges that sur 1author z f is assi I by Lende wr any b: c- b nt k er a te I em nt the t .ender or any subsequent holder of the Note selk , issign , o t nsfer i terest tl it Note Loan proceeds may be disbursed into a deposit account designated by Borrower and held by or for the benefit of Barrower ("Designated Barrower Account") or, for the purpose of satisfying in whole or in part a debt obligation of Borrower, to an account held by or for the benefit of a third party creditor designated by Borrower ("Designated Creditor Account"), Borrower is responsible for ensuring that all names and account, routing or other similar information provided by Borrower to Lender for any Designated Borrower Accounts or Designated Creditor Accounts (collectively, "Designated Accounts") are accurate and complete. Borrower agrees to hold Lender and any subsequent haider of the Note harmless for any alleged or actual loss, claim, fee or other damage or expense Borrower may suffer related to the failure of a Designated Account to receive such proceeds if such failure was the result (directly or indirectly) of any error in any name or account, routing or other similar information provided by Borrower to Lender. Borrower acknowledges that neither Lender nor any subsequent holder of the Note has any obligation to confirm or investigate the accuracy or completeness of the information Barrower has provided. Barrower further agrees that, if loan proceeds are rejected by any Designated Creditor Account, Lender may deliver loan proceeds into any Designated Borrower Account to satisfy Lender's obligation of loan proceed delivery. In all events under this section, interest will begin to accrue as of the date of issuance of the joam and not upon the actual receipt of proceeds by Barrower or any other designated third party, except that no interest will be due to the extent this Note is canceled as set forth in the Borrower Agreement. If Lender is unable to deliver any loan proceeds to any Designated Account after 14 days from the initial delivery attempt, the loan will be canceled and Barrower will not owe any interest on the loan. For avoidance of doubt, if partial loan proceeds (any amount above $0) are delivered to any Designated Account, then the loan will not be canceled. If Lender is only able to deliver partial loan proceeds to any Designated Account after 14 days, Lender will apply the undelivered portion to the outstanding balance in accordance with its normal payment application procedures. If Borrower elects to make payments by check, Barrower must send the check either by regular mail or by overnight mail or UPS delivery to The authoritative document is maintained by LendingClub Corporation and this copy was created Apr 19 2021 12:53:13 FILED: KINGS COUNTY CLERK 03/26/2024 07:01 PM INDEX NO. 508664/2024 NYSCEF DOC. NO. 2 This is a copy NYSCEF: RECEIVED of an authoritative document 03/26/2024 Wells Fargo