Preview
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
EXHIBIT A
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 Copy of the Electronic Original®document by the eCore® NYSCEF:
managedRECEIVED On Demand (EOD") Service.
04/11/2024
DocuSign Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D
Approval Disclosure
9/28/2021 534
LOAN ID:
BORROWER: CREDITOR:
Cross River Bank
Sheila Meler
885 Teaneck Road
Teaneck, NJ, 07666
ANNUAL FINANCE Amount Financed Total of Payments
PERCENTAGE CHARGE The amount of credit The amount you will
The dollar amount the provided to you. have paid after you
RATE
credit will cost you. have made all
The cost of your
payments as
credit as a yearly rate.
scheduled.
27.3% $15,568.73 $18,474 042.73
Your Pay e t Sch ul v i I :
Number of Payments An unt of Pay nts hen Payments Are Due
Monthly Beginning
59_ $567.57 Oct 28, 2021
$556.10 Sep 28, 2026
Late charge:
'
If a payment is I t , you ma 3 iHd / a/m t o 1 hevo is greater.
Prepayment:
If you pay off early, ill n ve1rba I .
You will not be entitled to a refund of part nance charge.
See your Prornissory Note for additional information about nonpayment, default, any required
repayment in full before the scheduled date and prepayment refunds and penalties.
Itemization of $18,474 Amount Financed
Amount paid to you: $18,474
Prepaid Finance Charge (Origination Fee): $1,526
Principal Amount: $20,000
DocuSigned
by:
By: 4 N Date: 9/28/2021
fibhyne¦Electronically)
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 by the eCore® NYSCEF:
Copy of the Electronic Original® document managedRECEIVED On Demand (EODm) Service.
04/11/2024
DocuSlgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D
Promissory Note ("Note")
Loan ID: 34
Upstart Borrower ID: 99
Lender:
Cross River Bank
885 Teaneck Road
Teaneck, NJ 07666
1. Promise to Pa v lue received from Cross River Bank, a New Jersey state- red bank
"Call,"
located in Teaneck, Jerse or "g"), I promise to pay to the order of CR ar subsequent
' '
holder or assignee f is Note, e 1 $ , 0 , gether es tiereon commencing
on the date that fu s are issued at n of 2 .13 / per an it te rest. I acknowledge
that I have read an a ee to be by ag m n to lbjffr te all cl in 'on 7 below unless I
's'
have rejected the pro -o y co eting and ctio 1 . nJy Loan application, I
am requesting a loan on e terms descr ed in t is Note. I u erstand and agree that when you receive my
application and this signed Note you are not atr 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 installments of $5 67.57 each,
monthly
'
consisting of principal terest, comme 'ng on oct , 2021 , and otinuing on the
same day of each s ssive nth thereaft until the final pe ment date of sep 2 , 2026 , which
'
is the maturity dat this No . I h nt d te- 211 isprth 29 , or 31st of the month,
but a month does o have a 2 , 3 t 1, or let d y the he onth y pa n il duo on the last day of
' '
the month in whic t e paym n wa lue u Itss o e no if led n wri g. e 1 al y a ment will consist
inc·
of the then-remaini , un a ace ed i t est-a d -r c t e u u d 's”te. All payments
will be applied first
to any unpaid fees incurred a resu f failed automated pliyments or 1uturned bank
drafts or checks, as provided in Section 4 below; ny late charges then due; then to any interest then
due; and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid
interest or other charges will be added to principal.
3. Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has
been paid.1nterest under this Note will
on a daily basis on the unpaid principal
accrue balance (including my
origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of
rounding, my final payment may be more (or less) than my regular payment. I acknowledge that if I make my
payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in
a substantially higher final payment amount. The interest rate I will pay will be the rate I will pay both before
and after any default unless and until my loan is charged off.
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2CDA620A3-F32A-4714-A67F-02BDB779842D Copy of the Electronic Original® document managedRECEIVED
by the eCore® NYSCEF:
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04/11/2024
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4, Fees, I agree to pay the following fees to the extent permitted by applicable law:
Fee Frequency Description
Origination Fee 7. 63% One time 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 occurrence If I do not pay you the
past due amount or full amount of any
$15. mont ment within
10 c 1 m days of its
due- h
tea you may
har y me a late fee.
ny p tyment received
afteg0 PM Pacific
time on a business day is
deemed received on the
next business day.
ACH Return or Check $15 Per occurrence If Automated Clearing
Refuncl Fee House ("ACH") transfers
O O or cliá3 s are rejected or
yeturn x for any reason,
)n fail d ie to insufficient
unds Iri my bank
C t yu it then you may
clfarge tiff s 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 you from my designated bank account if I
have chosen this method of payment(see Section 6). Any fees you assess are immediately due. I
acknowledge and agree that the origination fee is part of my loan principal.
Members of the Armed Forces: Federal law provides important protection to members of the Armed Forces
and their dependents relating to the extension of consumer credit. In general, the cost of consumer credit to a
member of the Armed Fon:es 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
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 Copy of the Electronic Original® document managedRECEIVED
by the eCore® NYSCEF:
On Demand (EOD") Service.
04/11/2024
DocuSIgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D
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).
5. Proceeds. I agree that the proceeds of my loan will be paid via an electronic fund transfer into the
deposit account I have identified in my loan application, or in such other manner as you determine. I
acknowledgement that the timeliness of crediting proceeds to this account is dependent on the accuracy of the
information I provide, when I complete all origination activities, and prompt crediting by the financial
institution that holds my account. You are not responsible for the actions of the financial institution that holds
my account.
6. Method of Payment.
I agree to pay the principal, periodic interest and any fees on this Note when
due. You have given me the choice
of making my monthly payments by (i) an ACH or other electronic fund
transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated
by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San
Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer
authorization, then you will
automatically transfer my first payment in the amount specified in the
bus'
authorization from
my b ac unt, unless I cancel or modify this payment at least 3 days before its
scheduled date by co ting , as described in Section 14, or your bank. If my ACH n ansfers are
rejected or returnec f any reas n, e(sta r at y nay try 't a unt two more
times. I also agree y u may apply e A re u n/c e k r nd e descri in e tio 1 4, subject to
applicable law, eac t ne an ACH to nsfe i returne o rej . I ackno edge It nty financial institution
' dd'
may also charge a fe i t ur andwo e not ·e ponsible fo y h fçe All written
communications concer isputed amounts i c uding any heck or other instrument payment
that (i) is
full"
postdated and accompanied by adequate noti ) indic£e that the payment constitutes "payment in of
the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full
satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart
Loan Operations, P.O. Box 1503, San Carlos, CA 94070.
7. Waiver of DE us Except a therwise provi@l in this Note or as requirgd by applicable law,
you are not respon e or lia1 to me for the quality, safety, legality or any other aspect of any property or
services purchase ith the pr c et slflSyˆ an. F a i::p 3 . c ly froni vhom I have
purchased such pr p rty or se vi es, ] agree to se 1 th isp to dirsetly i h t rion.Fotwithstanding the
sect' v'er"
foregoing, this shall pp y if I ar i 1 "c borr u1der t e lit y Le K ing Act, 10 U.S.C
987 and this sectio` aive'a-tight40-Ega - a 3 h tha d a a other applicable
§
law.
8. Certification. Unless I have certified to you otherwise, I agree that the proceeds of my loan will not
be applied (i) in whole or in part to postsecondary educational expenses (i.e., tuition, fees, required equipment
or supplies, room and board, or other miscellaneous personal expenses incurred while I am studying) at a
expenses"
college/university/vocational school, as the term "postsecondary educational is defined in
Regulation Z, 12 C.F.R. § 1026.46 (b)(3), or (ii) for any home purchase or refinance.
9. Default and Remedies.
Subject to the limitations of applicable state law and any right to notice and
to cure under state law, I will be deemed in default (each, an "Event of Default")
applicable of my obligations
under this Note if I: (i) fail to pay timely any amount due under this Note; (ii) file or have instituted against me
any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv)
commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide
by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies
available to you under applicable law, including demand that I immediately pay all amounts due under this
Note. You reserve the right to report loan payment delinquencies of 30 days or longer to one or more
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 by the eCore® NYSCEF:
Copy of the Electronic Original® document managedRECEIVED On Demand 04/11/2024
(EOD") Service,
DocuSign Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D
consumer reporting agencies in accordance with applicable law. I acknowledge these may be effected in my
attorneys'
credit report. I agree to pay all costs of collecting any delinquent payments, including reasonable
fees, to the greatest extent not prohibited by applicable law.
10. Prepayments; Partial Payments; Forbearance. I may prepay this Note in full or in part at any time
without penalty. Any partial prepayment is to be applied against outstanding principal and does not postpone
the due date of any subsequent monthly installments, unless you otherwise agree in writing. If I prepay this
Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note
are paid. A partial pre-payment will not result in the refund of any origination fee amount.
Further, I understand
I may request forbearance in accordance with your reasonable procedures and
requirements, and the decision to grant my request for forbearance shall be solely at your discretion. During
any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be
deferred to the extent permitted by applicable law. Except as described above, I understand that I will remain
esponsible 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 not require me to i ediately in full,
you will still have t e ight to d so in 1 t ti · Neither fail xercise any of
w'
your rights, nor yo r elay in enfo c ng o e c in y f ou ights, wai e ho e ights. Furthermore,
if you waive any ri h under this o e on e oc asio , tha er will n t pera e s vaiver
as to any other
" ·ower"
occasion. Subject to cab a I rm a ered o un he ilit lending Act, 10
U.S.C § 987, I waive presentment, notice of d s onor, prot nd all other demands and notices in connection
with the delivery, acceptance, performance or-m reeme this Note.
12. Assignment. I am not allowed to assign any of my obligations under this Note without your written
permission. I understand that you do not have to give me permission. I agree that you may assign or transfer
this Note or any of your rights to another person or entity. You may take these actions without notice or
consent from me. A transfer of m ote does not a@ct my rights and duties udbr this Note.
13. Registra o . You d (s13p t p:: et ,ffe., I ') t c a non-fiduciary agent.
Upstart will keep t rs offices el :ctronic rt gis of tranrfer, a signmen of ti is Note (the
"Register"). The n es and d res : of any perso ed to p tyme ts o 3 in ot ill >c recorded in the
Register. Any assign icipatibn or ransf Ndtewa ha Ite-bagistered in the
Register and only if Upstart mceives a signed as 1 me r similar agreement in a reasonably acceptable. You
and I agree that beneficial ownership nder my Note
of all paymen as reflected in the Register will be
conclusive. Upstart will give me notice of a change in ownership of my Note reflected in the Register if
required by law. Upstart will also give me notice if I pay by check and the transfer changes the address to
which I must make payments. The name of the owner in the Register shall be available to me upon written
request to Upstart. This Section is intended to result
being maintained at all times in "registered
in this Note
form"
as defined by U.S. Treasury Regulations Section 1.871-14(c) and Sections 163(f), 871(h) and 881(c) of
the Internal Revenue Code of 1986, as amended, and will be interpreted and applied in a way that is consistent
with these laws.
14. Electronic Communications; Notices; Contacting You. When I applied for a loan from you, I
expressly agreed to receive electonically all communications, agreements, documents, notices and disclosures
(collectively, "Communications") that you provide in connection with this Note and Upstart's servicing of my
payment obligations under this Note. All Communications given to me by email to my registered email
address or posted on www.upstart.com is deemed to have been duly given and effective upon transmission or
when they were posted. I agree that you (including any other owner or servicer of my loan) may contact me
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO. 2 Copy of the Electronic Original® document managedRECEIVED
by the eCore® NYSCEF:
On Demand (EOD")
04/11/2024
Service.
DocuSlgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D
for any lawful mason, including for the collection of amounts owed to you. No such contact will be deemed
unsolicited. You may contact me at such addresses or numbers (including cell phone numbers and landlines)
as I may provide to you from time to time and you may use any means of communication, including regular
mail, electronic mail, telephone, text message or other technology, to reach me. I agree that you may use
automatic dialing and announcing devices which may play recorded messages. I represent that I have the
authority to provide this consent because I am either the subscriber of the telephone number(s) or the
customary user of each of the telephone numbers that I have provided to you who has the authority to provide
consent. I also provide this consent to any agent, service provider, vendor, or collection agency acting on your
behalf. I may contact you at any time to ask that you not contact me using any one or more methods or
technologies. I acknowledge that communications from you may contain sensitive, confidential, and
collections-related communications. If my information changes, such as my email address, my mailing
address or my telephone number, I agree to notify you promptly of the change.
I can contact you by logging into www.upstart.com. I may contact you by emailing support@upstart.com, by
calling (650)-204-1000 during your operating hours 9:00 AM Pacific time to 5:00 PM Pacific time, each
Monday through Friday that are business days, or by writing via regular mail care of Upstart Loan Operations,
P.O. Box 1503, San Carlos, CA 94070.
' *
15. CreditIng s, Lo Information; Information.
Inaccurate I authorize y t to tain a credit
'
-
report on me for an 1 gal purp e i ec it thte, luding a ate x e_sion of credit,
review, or collecti f this loan. req e t, 11 e e w ther an redi r o was requested, and if
so, the name and r ss of the r d t bu a f ir ishi the t. If I be e th t ou h1ve information
about me that is inac e o at h repo ed may ort inaccur 'nf ati r about me to a credit
bel'
bureau, I will notify you o t e speci ic inform t on that I ve is inaccurate
by writing to you care of
Upstart Loan Operations, P.O. Box 1503, San os, C 70. In doing so, I will identify the inaccurate
information and tell you why I believe it is incorrect. If I have a copy of the credit report that includes the
inaccurate information, I will send a copy of that report to you as well.
16. Governing Law; Misc. I understand and agree that CRB is an FDIC-insured institution located in
New Jersey. Conseq , provisions oOhis Note will be@overned by federal law an3 'to the extent not
preempted by fede 1 aw) th I ws of the State of New Jersey, without regard to conflict >í law rules, except
as noted above. H ver, if I a Co a ef'T si m ss te t e e p o zisions of this Note
will be governed ederal la n( o the aten b) deial law
t p mp:el 1 ding vith respect to the
terms of this Note 1 ting to 'n re t) the la.va of
ate of Coloia o witho t reg r to x nflict of law rules,
' - '
except as noted abov . ut li tlu-fere
ing, ter Fote 1 a lt rest, as that term is
defined under applicable federal law, including u ot 1 ited to origination fees, periodic interest, late fees
and returned check fees, shall be governed by 12 .Sf. § 1831d and the laws of the State of New Jersey.
Section 17 (Arbitration Agreement) is governed by the Federal Arbitration Act, and not by any state law
concerning arbitration. If any provision of this Note cannot be enforced, the rest of the provisions of this Note
will stay in effect. No amendment of this Note will be valid unless in writing and signed by both you and me.
This Note represents the entim agreement between you and me regarding my loan.
17. Complaints; Disputes; Arbitration.
NOTICE: IF I AM ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, 10
U.S.C. § 987, THE FOLLOWING ARBITRATION PROVISION DOES NOT APPLY TO ME.
A. Governing Law. I acknowledge agree that the Note involves interstate commerce and that this
arbitration clause will be construed, applied and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.,
("FAA"), as amended. The Arbitrator (defined below) shall apply applicable law and applicable statutes of
limitation consistent with the FAA and shall honor claims of privilege recognized at law.
The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM.
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024
NYSCEF DOC. NO.ID:2CDA620A3-F32A-4714-A67F-02BDB779842D Copy of the Electronic Original® document managedRECEIVED
by the eCore® NYSCEF:
On Demand (EODm) Service.
Preview
FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 EXHIBIT A FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 Copy of the Electronic Original®document by the eCore® NYSCEF: managedRECEIVED On Demand (EOD") Service. 04/11/2024 DocuSign Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D Approval Disclosure 9/28/2021 534 LOAN ID: BORROWER: CREDITOR: Cross River Bank Sheila Meler 885 Teaneck Road Teaneck, NJ, 07666 ANNUAL FINANCE Amount Financed Total of Payments PERCENTAGE CHARGE The amount of credit The amount you will The dollar amount the provided to you. have paid after you RATE credit will cost you. have made all The cost of your payments as credit as a yearly rate. scheduled. 27.3% $15,568.73 $18,474 042.73 Your Pay e t Sch ul v i I : Number of Payments An unt of Pay nts hen Payments Are Due Monthly Beginning 59_ $567.57 Oct 28, 2021 $556.10 Sep 28, 2026 Late charge: ' If a payment is I t , you ma 3 iHd / a/m t o 1 hevo is greater. Prepayment: If you pay off early, ill n ve1rba I . You will not be entitled to a refund of part nance charge. See your Prornissory Note for additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. Itemization of $18,474 Amount Financed Amount paid to you: $18,474 Prepaid Finance Charge (Origination Fee): $1,526 Principal Amount: $20,000 DocuSigned by: By: 4 N Date: 9/28/2021 fibhyne¦Electronically) The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 by the eCore® NYSCEF: Copy of the Electronic Original® document managedRECEIVED On Demand (EODm) Service. 04/11/2024 DocuSlgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D Promissory Note ("Note") Loan ID: 34 Upstart Borrower ID: 99 Lender: Cross River Bank 885 Teaneck Road Teaneck, NJ 07666 1. Promise to Pa v lue received from Cross River Bank, a New Jersey state- red bank "Call," located in Teaneck, Jerse or "g"), I promise to pay to the order of CR ar subsequent ' ' holder or assignee f is Note, e 1 $ , 0 , gether es tiereon commencing on the date that fu s are issued at n of 2 .13 / per an it te rest. I acknowledge that I have read an a ee to be by ag m n to lbjffr te all cl in 'on 7 below unless I 's' have rejected the pro -o y co eting and ctio 1 . nJy Loan application, I am requesting a loan on e terms descr ed in t is Note. I u erstand and agree that when you receive my application and this signed Note you are not atr 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 installments of $5 67.57 each, monthly ' consisting of principal terest, comme 'ng on oct , 2021 , and otinuing on the same day of each s ssive nth thereaft until the final pe ment date of sep 2 , 2026 , which ' is the maturity dat this No . I h nt d te- 211 isprth 29 , or 31st of the month, but a month does o have a 2 , 3 t 1, or let d y the he onth y pa n il duo on the last day of ' ' the month in whic t e paym n wa lue u Itss o e no if led n wri g. e 1 al y a ment will consist inc· of the then-remaini , un a ace ed i t est-a d -r c t e u u d 's”te. All payments will be applied first to any unpaid fees incurred a resu f failed automated pliyments or 1uturned bank drafts or checks, as provided in Section 4 below; ny late charges then due; then to any interest then due; and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid interest or other charges will be added to principal. 3. Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has been paid.1nterest under this Note will on a daily basis on the unpaid principal accrue balance (including my origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of rounding, my final payment may be more (or less) than my regular payment. I acknowledge that if I make my payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in a substantially higher final payment amount. The interest rate I will pay will be the rate I will pay both before and after any default unless and until my loan is charged off. The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2CDA620A3-F32A-4714-A67F-02BDB779842D Copy of the Electronic Original® document managedRECEIVED by the eCore® NYSCEF: On Demand (EOD") Service. 04/11/2024 DocuSigi Envelope ID: i 4, Fees, I agree to pay the following fees to the extent permitted by applicable law: Fee Frequency Description Origination Fee 7. 63% One time 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 occurrence If I do not pay you the past due amount or full amount of any $15. mont ment within 10 c 1 m days of its due- h tea you may har y me a late fee. ny p tyment received afteg0 PM Pacific time on a business day is deemed received on the next business day. ACH Return or Check $15 Per occurrence If Automated Clearing Refuncl Fee House ("ACH") transfers O O or cliá3 s are rejected or yeturn x for any reason, )n fail d ie to insufficient unds Iri my bank C t yu it then you may clfarge tiff s 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 you from my designated bank account if I have chosen this method of payment(see Section 6). Any fees you assess are immediately due. I acknowledge and agree that the origination fee is part of my loan principal. Members of the Armed Forces: Federal law provides important protection to members of the Armed Forces and their dependents relating to the extension of consumer credit. In general, the cost of consumer credit to a member of the Armed Fon:es 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 The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 Copy of the Electronic Original® document managedRECEIVED by the eCore® NYSCEF: On Demand (EOD") Service. 04/11/2024 DocuSIgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D 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). 5. Proceeds. I agree that the proceeds of my loan will be paid via an electronic fund transfer into the deposit account I have identified in my loan application, or in such other manner as you determine. I acknowledgement that the timeliness of crediting proceeds to this account is dependent on the accuracy of the information I provide, when I complete all origination activities, and prompt crediting by the financial institution that holds my account. You are not responsible for the actions of the financial institution that holds my account. 6. Method of Payment. I agree to pay the principal, periodic interest and any fees on this Note when due. You have given me the choice of making my monthly payments by (i) an ACH or other electronic fund transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer authorization, then you will automatically transfer my first payment in the amount specified in the bus' authorization from my b ac unt, unless I cancel or modify this payment at least 3 days before its scheduled date by co ting , as described in Section 14, or your bank. If my ACH n ansfers are rejected or returnec f any reas n, e(sta r at y nay try 't a unt two more times. I also agree y u may apply e A re u n/c e k r nd e descri in e tio 1 4, subject to applicable law, eac t ne an ACH to nsfe i returne o rej . I ackno edge It nty financial institution ' dd' may also charge a fe i t ur andwo e not ·e ponsible fo y h fçe All written communications concer isputed amounts i c uding any heck or other instrument payment that (i) is full" postdated and accompanied by adequate noti ) indic£e that the payment constitutes "payment in of the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. 7. Waiver of DE us Except a therwise provi@l in this Note or as requirgd by applicable law, you are not respon e or lia1 to me for the quality, safety, legality or any other aspect of any property or services purchase ith the pr c et slflSyˆ an. F a i::p 3 . c ly froni vhom I have purchased such pr p rty or se vi es, ] agree to se 1 th isp to dirsetly i h t rion.Fotwithstanding the sect' v'er" foregoing, this shall pp y if I ar i 1 "c borr u1der t e lit y Le K ing Act, 10 U.S.C 987 and this sectio` aive'a-tight40-Ega - a 3 h tha d a a other applicable § law. 8. Certification. Unless I have certified to you otherwise, I agree that the proceeds of my loan will not be applied (i) in whole or in part to postsecondary educational expenses (i.e., tuition, fees, required equipment or supplies, room and board, or other miscellaneous personal expenses incurred while I am studying) at a expenses" college/university/vocational school, as the term "postsecondary educational is defined in Regulation Z, 12 C.F.R. § 1026.46 (b)(3), or (ii) for any home purchase or refinance. 9. Default and Remedies. Subject to the limitations of applicable state law and any right to notice and to cure under state law, I will be deemed in default (each, an "Event of Default") applicable of my obligations under this Note if I: (i) fail to pay timely any amount due under this Note; (ii) file or have instituted against me any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv) commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies available to you under applicable law, including demand that I immediately pay all amounts due under this Note. You reserve the right to report loan payment delinquencies of 30 days or longer to one or more The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 by the eCore® NYSCEF: Copy of the Electronic Original® document managedRECEIVED On Demand 04/11/2024 (EOD") Service, DocuSign Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D consumer reporting agencies in accordance with applicable law. I acknowledge these may be effected in my attorneys' credit report. I agree to pay all costs of collecting any delinquent payments, including reasonable fees, to the greatest extent not prohibited by applicable law. 10. Prepayments; Partial Payments; Forbearance. I may prepay this Note in full or in part at any time without penalty. Any partial prepayment is to be applied against outstanding principal and does not postpone the due date of any subsequent monthly installments, unless you otherwise agree in writing. If I prepay this Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note are paid. A partial pre-payment will not result in the refund of any origination fee amount. Further, I understand I may request forbearance in accordance with your reasonable procedures and requirements, and the decision to grant my request for forbearance shall be solely at your discretion. During any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be deferred to the extent permitted by applicable law. Except as described above, I understand that I will remain esponsible 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 not require me to i ediately in full, you will still have t e ight to d so in 1 t ti · Neither fail xercise any of w' your rights, nor yo r elay in enfo c ng o e c in y f ou ights, wai e ho e ights. Furthermore, if you waive any ri h under this o e on e oc asio , tha er will n t pera e s vaiver as to any other " ·ower" occasion. Subject to cab a I rm a ered o un he ilit lending Act, 10 U.S.C § 987, I waive presentment, notice of d s onor, prot nd all other demands and notices in connection with the delivery, acceptance, performance or-m reeme this Note. 12. Assignment. I am not allowed to assign any of my obligations under this Note without your written permission. I understand that you do not have to give me permission. I agree that you may assign or transfer this Note or any of your rights to another person or entity. You may take these actions without notice or consent from me. A transfer of m ote does not a@ct my rights and duties udbr this Note. 13. Registra o . You d (s13p t p:: et ,ffe., I ') t c a non-fiduciary agent. Upstart will keep t rs offices el :ctronic rt gis of tranrfer, a signmen of ti is Note (the "Register"). The n es and d res : of any perso ed to p tyme ts o 3 in ot ill >c recorded in the Register. Any assign icipatibn or ransf Ndtewa ha Ite-bagistered in the Register and only if Upstart mceives a signed as 1 me r similar agreement in a reasonably acceptable. You and I agree that beneficial ownership nder my Note of all paymen as reflected in the Register will be conclusive. Upstart will give me notice of a change in ownership of my Note reflected in the Register if required by law. Upstart will also give me notice if I pay by check and the transfer changes the address to which I must make payments. The name of the owner in the Register shall be available to me upon written request to Upstart. This Section is intended to result being maintained at all times in "registered in this Note form" as defined by U.S. Treasury Regulations Section 1.871-14(c) and Sections 163(f), 871(h) and 881(c) of the Internal Revenue Code of 1986, as amended, and will be interpreted and applied in a way that is consistent with these laws. 14. Electronic Communications; Notices; Contacting You. When I applied for a loan from you, I expressly agreed to receive electonically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that you provide in connection with this Note and Upstart's servicing of my payment obligations under this Note. All Communications given to me by email to my registered email address or posted on www.upstart.com is deemed to have been duly given and effective upon transmission or when they were posted. I agree that you (including any other owner or servicer of my loan) may contact me The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO. 2 Copy of the Electronic Original® document managedRECEIVED by the eCore® NYSCEF: On Demand (EOD") 04/11/2024 Service. DocuSlgn Envelope ID: CDA620A3-F32A-4714-A67F-02BDB779842D for any lawful mason, including for the collection of amounts owed to you. No such contact will be deemed unsolicited. You may contact me at such addresses or numbers (including cell phone numbers and landlines) as I may provide to you from time to time and you may use any means of communication, including regular mail, electronic mail, telephone, text message or other technology, to reach me. I agree that you may use automatic dialing and announcing devices which may play recorded messages. I represent that I have the authority to provide this consent because I am either the subscriber of the telephone number(s) or the customary user of each of the telephone numbers that I have provided to you who has the authority to provide consent. I also provide this consent to any agent, service provider, vendor, or collection agency acting on your behalf. I may contact you at any time to ask that you not contact me using any one or more methods or technologies. I acknowledge that communications from you may contain sensitive, confidential, and collections-related communications. If my information changes, such as my email address, my mailing address or my telephone number, I agree to notify you promptly of the change. I can contact you by logging into www.upstart.com. I may contact you by emailing support@upstart.com, by calling (650)-204-1000 during your operating hours 9:00 AM Pacific time to 5:00 PM Pacific time, each Monday through Friday that are business days, or by writing via regular mail care of Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. ' * 15. CreditIng s, Lo Information; Information. Inaccurate I authorize y t to tain a credit ' - report on me for an 1 gal purp e i ec it thte, luding a ate x e_sion of credit, review, or collecti f this loan. req e t, 11 e e w ther an redi r o was requested, and if so, the name and r ss of the r d t bu a f ir ishi the t. If I be e th t ou h1ve information about me that is inac e o at h repo ed may ort inaccur 'nf ati r about me to a credit bel' bureau, I will notify you o t e speci ic inform t on that I ve is inaccurate by writing to you care of Upstart Loan Operations, P.O. Box 1503, San os, C 70. In doing so, I will identify the inaccurate information and tell you why I believe it is incorrect. If I have a copy of the credit report that includes the inaccurate information, I will send a copy of that report to you as well. 16. Governing Law; Misc. I understand and agree that CRB is an FDIC-insured institution located in New Jersey. Conseq , provisions oOhis Note will be@overned by federal law an3 'to the extent not preempted by fede 1 aw) th I ws of the State of New Jersey, without regard to conflict >í law rules, except as noted above. H ver, if I a Co a ef'T si m ss te t e e p o zisions of this Note will be governed ederal la n( o the aten b) deial law t p mp:el 1 ding vith respect to the terms of this Note 1 ting to 'n re t) the la.va of ate of Coloia o witho t reg r to x nflict of law rules, ' - ' except as noted abov . ut li tlu-fere ing, ter Fote 1 a lt rest, as that term is defined under applicable federal law, including u ot 1 ited to origination fees, periodic interest, late fees and returned check fees, shall be governed by 12 .Sf. § 1831d and the laws of the State of New Jersey. Section 17 (Arbitration Agreement) is governed by the Federal Arbitration Act, and not by any state law concerning arbitration. If any provision of this Note cannot be enforced, the rest of the provisions of this Note will stay in effect. No amendment of this Note will be valid unless in writing and signed by both you and me. This Note represents the entim agreement between you and me regarding my loan. 17. Complaints; Disputes; Arbitration. NOTICE: IF I AM ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, 10 U.S.C. § 987, THE FOLLOWING ARBITRATION PROVISION DOES NOT APPLY TO ME. A. Governing Law. I acknowledge agree that the Note involves interstate commerce and that this arbitration clause will be construed, applied and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., ("FAA"), as amended. The Arbitrator (defined below) shall apply applicable law and applicable statutes of limitation consistent with the FAA and shall honor claims of privilege recognized at law. The original document is owned by Velocity Investments, LLC and this copy was created on Dec 22, 2022 09:02:13 AM. FILED: ERIE COUNTY CLERK 04/11/2024 02:37 PM INDEX NO. 805213/2024 NYSCEF DOC. NO.ID:2CDA620A3-F32A-4714-A67F-02BDB779842D Copy of the Electronic Original® document managedRECEIVED by the eCore® NYSCEF: On Demand (EODm) Service.