Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM INDEX NO. EK12024000487
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
EXHIBIT A
ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
LOAN SUMMARY
Loan Id: :3861
Primary Borrower Contact Information
Full Real Name: melissa collins
Screen Name:
Email:
Address: 32 Smith St
Brocton, NY 14716
Home Phone:
Cell or Work Phone:
Secondary Borrower Contact I ion
Full Real Name: justin ns
Screen Name:
Email:
Address: 32 Smithk--
Brocton, NY 14716
Home Phone:
Cell or Work Phone:
Loan Information
Loan Issue Date: 3/4/20
Original Loan Amount: $19,125.00
- - -
Principle ce: L$1-2.516-g L. L
Principl ce Da e: 10/, /:'2
Payoff $14 186.45
Payo : 10/ / 2
Loan Documents
Document Name Date/time Document Version
Signed
Borrower Agreement 3/2/20 06:26:54 AM PST LC_SEC_V28
Credit Score Notice 3/2/20 06:26:54 AM PST LC_SEC_V4
Credit Score Notice 3/2/20 06:26:54 AM PST LC_SEC_V4
Truth in Lending Disclosure 3/2/20 06:26:54 AM PST LC_SEC_V13
Terms of Use and Consent to Electronic Transactions and Disclosures 3/2/20 06:16:23 AM PST SHARED_SEC_V3
Electronic Consent 20 06:16:23 EC_V3
Credit Profile Authorization O 06 13:23 . C V5
Authorization for Automatic aymen 0 1:36 LC : C_VS
I
The authoritative document is maintained by LendingClub Corporation and this copy was created Oct 04 2022 08:04:37
LoanlD: 3861 ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
Date Signed: 3/2/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
Authorization for Automatic Payments
Making Loan Payments/ Authorization for Automatic Payments
If your loan is funded, you hereby authorize LendingClub Corporation ("Lending Club"), as the loan servicer on your loan from WebBank, and its
successors and assigns, to initiate electronic funds transfers from your designated account provided to Lending Club on the date of this agreement
for monthly repayments on your loan. EACH MONT H, THE DEBIT AMOUNT MAY BE A RANGE OF PAYMENTS, WHICH WOULD INCLUDE YOUR
MONT HLY PRINCIPAL AND INTEREST, AND FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR LOAN MAY BE COLLECTED
USING ELECTRONIC FUNDS T RANSFERS INITIATED BY US FROM YOUR DESIGNATED ACCOUNT.
With regard to payments made by automatic withdrawal, you have the right to receive notice of all transfers that will vary in amount from one month to
the next. Lending Club will provide electronic notice of the upcoming transfer amount ten (10) calendar days ahead of the scheduled transfer. You
may stop payment of automatic wit als or rev e your pr or authori nf tomatic with awals by notifvinn us at least three (3) banking
days before the scheduled dat o er. s re a pl e o owers o I a Lerd mines in its sole discretion. You
understand this authorization I remain in et until y u lo.:n is in ful o you noti u or your n nc al tion of its termination, taking into
consideration the necessary ti e equired y Lending C a id o r financi I i stitution t mplement h c ge.
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:31:36
LoanlD: 3861 ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
Date Signed: 3/2/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
Borrower Agreement
(April 2019)
("you" "your"
The following Borrower Agreement ("Agreement") is between you and mean each and every borrower, including any joint
("we,"
applicant/co-borrower) and WebBank, a Utah-chartered industrial bank or "us"). This Agreement governs the process by which you
may make a request or requests for a loan from us through the website Lendingelub.com, including any subdomains thereof, or other
application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation ("LendingClub"). If you make a loan
request, and if that request results in a loan that is approved and funded by us, then your loan will be governed by the terms of the Loan
Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version
in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed
by the terms of the document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate if your loan request
is cancelled, withdrawn, or d ne .
BY ELECTRONICALLY S G ING THI GREEM , 'OU VE SIGl4 IFIED YO AGREE N ESE TERMS.
1. Loans. Under this Agree you ca equest a i st; _lli nt loan fur ded and ori n ted by u t at s acilitated through the Site. When
you make a request, you agree r ve ti pay the loan that I12 / be made I r o e o that request, subject to your right to
cancel the request before closing an ur rig , oth ar MJrther descr bt d in section 2
. Your agieement means you agree to
repay the money provided by us to you and to abide by the terms of this Agreement, the Loan Agreement and Promissory Note, and all other
agreements or disclosures provided to you during the loan process and which may be found in your LendingClub account. Any dispute with
us, LendingClub or any subsequent holder of the Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to
your right to opt out as set forth below. Each loan request is subject to our credit criteria in effect at the time of your loan request.
. \c t VMi c n to >right on 23- , u u lebr we are ; bl t r-Na cco ft
n r on, we will can :e your rp n yo an re t wil of e os e 1on th ) ;ite, and I ng eemer t vill be ermi d.
. .oa equ ±r ts. Yo J r lay po ;t a quaifyin I an reque
n h t . You my not po at mor t an t ne loan nequest c1 he it tim :
n i you n It have rio e than two loa ls o s anding a a y i iv n e. YCJ "nay pt s a loa r t in the 3i e, and Lt ndin I
i v1stors ( ves tors") wil be ab 3 o rev Muyo st. n est ma ommit tc (i) pu c ase t loan t y subsequ ently c iring ihr
I 1 itself, in wh e or it part, fro crus or -e idingC u r (ii) invea ndir iiryour lot nihrou he p chase of'securitLrissu soltJ uy
LendingClub or another entity which has indirectly or directly acquired your loan from LendingClub. You acknowledge that an Investor's
commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue your loan. You understand that
Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to invest in all or part of your loan
request, but is not obligated to do so.
We may elect i, r sole discre ve you I fu op in 1, if ssa , ict our n wi| be ceives
commitments to t ss th e ful u your req e ted Icar (su j o ppl c imt rr n ;i. e).
WE DO NOT V A RA UARANT ( HAT YOU AN R aQ T WILL T R WT INVEST M žN I sl ERES “, OR (2) THAT
YOU WILL RECEl E A A A RES O ST ING A U T.
No later than t)ty mm ays a application is plete, we Jt ou if your n c appm will he for.E me or all of your
requested amount, or is declined, or if we are making you a counter-offer. Your loan request will be listed on the marketplace for at least
fourteen (14) days, subject to investor interest. It may take up to forty-five (45) days to process and issue your loan. If at any point, you no
longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufficiently
far in advance of the loan closing for us to cancel the loan.
4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and
Promissory Note, each of which is provided to you and placed into the on-line account you established upon registration. You agree and
acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal
balance of the loan funded and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will
result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated
in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal
and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms of the loan will also be set forth in the Loan
Agreement and Promissory Note. All payments are to be applied to Borrower's obligations as Lender determines in its sole discretion.
5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony,
child support or separate maintenance income if you do not wish to have it considered as a basis for repaying a loan. You agree and
acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by
information provided through a third party, or by other proof. Additionally, by proceeding with the application, you consent to our use of any
information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verification, fraud
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 2020 14:26:55
ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by
us. Furthermore, we may terminate consideration of your application at any time in our sole discretion.
6. Authorization to Obtain Consumer Report and Rights Related to Consumer Reporting Agencies.
You authorize us and LendingClub to investigate your credit history by obtaining consumer reports about you. We may request a consumer
report from consumer reporting agencies in considering any application or loan request, and we and LendingClub may request such reports
on a periodic basis during the term of this Agreement or any Loan Agreement and Promissory Note. The terms of such authorization are set
forth more fully in the Credit Profle Authorization.
Under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), (i) you have a right to review any fle maintained on you by a consumer
reporting agency, (ii) your fle is available for review at no charge on request made to the consumer reporting agency within thirty days after
the date of the receipt of notice that credit has been denied, and your file is available for a minimal reporting charge at any other time; (iii) you
have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a file on you
maintained by that consumer re orting agency; iv no consumer re orting a ency may make any consumer report containing any adverse
item of information dating fro an s v rs t e e e ACCUR ATDp@-C-ANÔOT BE PERMANENTLY
REMOVED FROM THE FIL S F A CON ER RE T N3 NCY; 1r d (vi) non- r fit organi a iors whieh0provide credit and debt
counseling service are avail e.
7. Limited Power of Attorne nt.
("
As a condition to receiving a loan from us, you hereby grant-to LendingClub a limited power of attorney wer of Attorney") and appoint
them and/or their designees as your true and lawful attomey-in-fact and agent, with full power of substitution and re-substitution, for you and
in your name, place and stead, in any and all capacities, to:
" Complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reflect- the accepted terms
set forth in each of your final Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan
re st(s t e_an-lirje2c ) t yo t ave witr L ±n g lul nthe..dTufDebts ar on ..__ _..
" A r e to a chanc e: neces sapccrre t ny erro r o ni)s in a Loan g reement i'romisso-y Note(s) hef e or ft r
e tion; p ovidec ti at noti:e is givMr to y u; and
" Oth se act with ul power a)d au hori t do and e or n h nd Evt ry act Tr d thin r to and n ic tssary tt be o i
conne i . rith sut h other [ owers é bove s Ily to II nte it an urpos is as 3 o 1migh r cou d Jo in per ion.
This Power of Attorney is limited solely to the purpose described above and will expire automatically upon the termination of this Borrower
Agreement. You may revoke this Power of Attorney by contacting us at support@Iendingelub.com or calling 888-596-3157 and closing your
account with us; provided, however, if a loan request has been approved you must provide such notice before the loan proceeds are
transferredto your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan
Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your
behalf and shall be your valid and ding obliga ere
You aaree an 1 bn wle a n i a lub is a i tendoc thi d o e efi ;i rv of this She 'o a 7 for I u cases of
receivina a lo u fro s.
If you choose to r2voke s o er of A 0 ey 0 0 executi , 3 vill unable t oc Ed with you It·an re t est ani our pending loan
request will be :onsi e d wit a ur accoun sed, and na prohibit d op posting}td onal u lifying Ipn requests in the
future in our discretion.
8. Loan Consummation.
YOU AGREE AND ACKNOWLEDGE T HAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND
PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (1.E. CONSUMMATED) UNTIL YOUR ABILITY TO
CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MATERIALLY RELYING UPON THIS
UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN.
Your ability to cancel your loan application is govemed by section 23(A) of this Agreement, which is below.
9. Military Lending Act. 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). Federal law requires that you receive a clear description of your required payments.
Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over
the telephone, call the following toll-free number (844) 538-6754.
10. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55
ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
your loan requests,and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain.
LendingClub may delegate servicing to another entity in its sole discretion without notice.
11. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non-
permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false,
misleading or deceptive statements or omissions of fact, including but not limited to your loan description and any other credit you have
applied for; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; (iii) give to or receive
from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or
thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourself to any person, as a representative,
employee, or agent of ours, or purport to speak to any person on our behalf; (v) use any of the loan proceeds to fund any post-secondary
educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; (vi) use any
of the loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use
any of the loan proceeds for the purpose of purchasing or carrying any securities; (viii) use any of the loan proceeds for the purpose of
investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or
derivatives thereof; or (ix) us e Si to r e o btair a to other tha o s and ) that ou have all necessary
consents, permissions, ack o ledgeme s r agre nts from II oint c. y icants/co- o owers n wt m_ay_relyupon this agreement
without any investigation or ification. o further a k ovled e nd agree that we m rely witho t nd s endent verification on the
accuracy, authenticity, and c letenes all inform ti n n rovide to as . To the e t t that we d te mne, in our sole discretion, that
your loan request violates this men t e Ter f U: e or any other a reement e t ed int h ul )r LendingClub, we may terminate
your loan request and cancel this me ately.
12. Liability of the Borrower and Joint Applicant/CoBorrower is Joint and Several The liability of any joint applicant/co-borrower
under this Agreement and under the Loan Agreement and Promissory Note 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 Agreement, the Loan Agreement and
Promissory Note and any other agreement and documents as if an original signatory.
µ an r suTcis(s.or.r 2nd2ss g s ha e sole s o to pr ic at n ti n agairts.t2iy par es p psit le und r 5 s g eem n .
: ulth r, e car é ccept 7: tructio is o4eit7er or the o t c 3 lic n co-b 3r ower, tr d notice te iven t ) oither y at or h jo
t pplic co-bt rr )wer, r n·i shall )µ bindi 1g o th and d e er! cel ed by a parties.
-
3 TCP s :nt & r ivacy. twith: te ndi any cur or p ior I etior t 1opt ir c opt u o re e ving te e narketilç call o S
essages (1 u ing te :t nessa jej) fro s, o a eprr s ntati e , 2ífil ates, c r anyon allin o7 our t e alf, yo xpre sly const ni 1
to be contacted by us, our agents, representatives, afhliates, or anyone calling on our behalf for any and all purposes arising out of or
relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be
reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages
or arti1icial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated
messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative
calls, he or she ay also leave a sage on y swe magbjle, mail end nne via ten - .
^
You consent to rEc e MS ssages i
I di g text me s ges), ci_lls n sa (ir cl iding_þrerec d aiid artifi:ial voice and
autodials) from u: , ou e s represen a v s athliates o yone penseror roor1-and b8á-d.
Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to
pay timely any amount due on the loan; (2) files or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency
proceedings or make any assignment for the benefit of creditors; (3) commits fraud or makes any material misrepresentation in this Note, the
Borrower Agreement or in any other documents, applications or related materials delivered to Lender in connection with its loan, or (4) has
breached or of. se fails to he ter s N r thrn orr Agr nt. oc( enc efault,
Lender may exer I rem i s aval b u r app ica I law and this N i d g rit itatiar c Irrate al 2 nounts owed on
this Note and c±r lan t t o rower im i te pay suc a ount ;.
er'
Lender may rer 0 t infor i bout Bo 0 t r a . Should t e e b : nore than on 9 Bor over, Le 1cer may report that
a count to c
loan account tc tl. di bur ames o . at:: p y ents, mi s d r a
I frower r t ler d fEJIts Or a 7 aCCOunt may be
attorneys'
reflected in Bor ower's credit repor . orrower agrees to pay all costs o co lecting any elinquent payments, inc uding reãsonable
fees, as permitted by applicable law.
Joint and Several Liability.
The liability of any joint applicant/co-borrower to repay in full this loan is in addition to and not in lieu of the obligations of the primary
Borrower to repay the loan in full. The joint applicant/co-borrower agrees to abide by the terms and conditions of this Note or any other
agreements or documents provide or executed as part of the application process, as if an original signatory.
Lender (or its designee) has sole discretion to proceed against both the Borrower and any joint applicant/co-borrower to recover all the
amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co-
borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed
simultaneously received by all parties.
Loan Charges. If a law that applies to the Loan and sets maximum loan charges is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced
by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by
making a direct payment to Borrower.
Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECTRONIC T RANSACTIONS AND
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55
ThisINDEX of an EK12024000487
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DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. BORROWER EXPRESSLY AGREES THAT
RECORD"
THE NOTE IS A "T RANSFERABLE FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBALAND NATIONAL
COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
Registration of Note Owners.
I have appointed LendingClub as my agent (in such capacity, the "Note Registrar") for the purpose of maintaining a book-entry system (the
"Register") for recording the names and addresses of any future owner of bene1cial interests in this Note (the "Note Owners") and the
principal amounts and interest on this Note owing to each pursuant to the terms hereof from time to time. The person or persons identified
as the Note Owners in the Register shall be treated as the owner(s) of this Note for purposes of receiving payment of principal and interest
on such Note and for all other purposes. With respect to any transfer by a Note Owner of its beneficial interest in this Note, the right to
payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register.
Miscellaneous.
Lender may, without notice to orro r, as n s rig It, an t t r any po e of) in'this to any other third party,
Not¶
and Borrower further under t ds, ackn I dges a d gr )µs t t ny a s nee may e , assign o tra 1s Note and all associated
'
documents and information e ted to th ote witho or o v conser t or delivery f notice (su j et I each case to the registration
requirement above). Borrow ay not a gn this N t wi h ) the prior vr tten cons n of Lender his b ote inures to the successors,
permitted assigns, heirs and r r ntat e of Bo o er . n1 Lender.
Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands what )ever, and hereby consents that
without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part,
be renewed, extended, modified, accelerated, compromised, settled, canceled (as provided for in the Borrower Agreement) or released by
Lender.
Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be provided electronically to Borrower's account,
d' in-
nlas B rrow)s_or ted-o2 ·Í deli r en wil ai d h addressed then rµ'cckd... -
Ihs o is st b ect to he arbitr iti )n prc visio of the Bo e e ment iEtween LEnder a oriower, wEc'i is inc )r lor e b
3foren e to ihi ; Note
o itrollina w. I.ender is locater! i 1the 3ttte s ote i exe u ed ar d deliv er 3d in t Stat o Utah ind is a t outract e uncel
u h state's la nd fu its are cisburse^d-i om Uta . e provii.1 ns o I (Fe will bfgove d by eral lawf and tr 1aws e State
of Utah to the extent not preempted, without regard to any principle of conflicts of law. The unenforceability of any provision of this Note shall
not affect the enforceability or validity of any other provision of this Note.
STATE LAW NOTICES:
CALIFORNIA R SIDENTS ONLY: arried appli ay y for,..asep e acc . If I enrier takes ad e action as riefined by §
1785.3 of the Car or Civil a h ad e ion s asec, i 1 wh I o , on a atiar nt it e c 5rrsumer credit
er'
report, Borrowr r las h rig t o obtain it i days a fr e copy of torr co mei c e por fr 3 consume reporting agency
who furnished iht con e edit repor fr m any oth r onstin er it repor n ac ar cy that conr lies nc maint.:ir s files on
consumers on lation e is.
CALIFORNIA A RESI . As required b alifornia a Ut w, Borr is herek tif 96 that 1--legative aredit report
reflecting on Borrower's credit record may be submitted to a credit reporting agency if Borrower fails to fulfil the terms of Borrower's credit
obligations.
KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note before you read it. 2. You are entitled to a copy of this Note. 3. You may prepay
the unpaid balance at any time without penalty.
MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of
Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under
federal law (12 U.S.C. § 85, § 1463(g), or§1831d, as appropriate) and related regulations and interpretations, which authority Lender
expressly reserves.
MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMIT MENTS TO LOAN MONEY, EXTEND CREDIT OR TO
FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT
ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR
DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS T HE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO
MODIFY IT.
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55
ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
NEW JERSEY RESIDENTS: The section headings of the Note are a table of contents and not contract terms. Portions of this Note with
references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note,
law"
actions or practices (i) by which Lender is or may be permitted by "applicable are permitted by New Jersey law, and (ii) that may be or
law"
will be taken by Lender unless prohibited by "applicable are permitted by New Jersey law.
NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit
report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this
application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and if so, the name and address of the
agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with
the review or collection of any loan made to Borrower as a result of this application or for other legitimate purposes related to such loans.
OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy
customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights
Commission administers compliance with the law.
WASHINGTON RESIDENTS . ral a s r or 11. it n mone , c dit, )r ar from enforcing
repayment of a debt are not e forceable n er Wash tor law.
WISCONSIN RESIDENTS O L For ma ri d Wiscon
i resi 1 ts, Borrower's signat r contrms h t this loan obligation is being incurred
in the interest of Borrower's m i or . No
o isic 7 )f any marita r roperty ag ent ( e ar t2 agreement), unilateral statement
under § 766.59 of the Wisconsin s s o cree . to jer § 766.70 a Iversely affec r's int tr.ust unless, prior to the time that
the loan is approved, Lender is furnished with a copy of the marital property agreement, statement, or decree or have actual knowledge of
the adverse provision. If this loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs
to receive notitcation that credit has been extended to Borrower.
WEST VIRGINIA RESIDENTS ONLY: For borrowers located in West Virginia, LendingClub is operating as a Credit Services Organization
("CSO"
in connection with yoi loan. Lendi gClub ma be reached at Lendin j_Club Coroorat n, 595 Ma ket Street. # kSan Francisco, CA
'-4 .0 . ndingClubs-n or I roc LE In orr at t ei , 271 Me Ôy-O; k:3 ., Sai e N,
± a :ra nto, CA 35833.
ue ;crip of Ge vices: Londingtit b opµre te an onlin ar ke I c plat rn. It doe 4 not i s , ftn( , or ler d loans dir ectly t
bank"
or sumer; aei, it ope a es um e an "r rigina n del in whi h t is a hird-p ar y ven o of a ederally e ulatec a7d in u e ban :.
' ank" oans.r
) "originatin no Jel allc x . the Liaak to ppf ts ttrough Lendin b's form. I ot.ns fac i ted t h
LendingClub's marketplace are originated by WebBank.
LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money
or consideration. LendingClub generates revenue in one or more of the following three ways: (1) transaction fees from WebBank; (2)
servicing fees from investors; and (3) management fees fram investment funds.
Surety Notice: I en gClub h o e and t eff c a su i/ be I tans t cco Jn n th ar pua cf.$12,000. You
have the right t ) n t n an a ion at la g i st the CS nd ag.til st t e s ust lefor_ddmac as red by vi )lation of the Credit
Service Organi a ion , A i e 6C, Ch r 4 A of the ode. T )e a e and a es: cf the suret / .:o n whict is sued the surety
bond is Interna icnal Fi el I urance o p One New k er tr r, ark, NJ 7 02.
As required by wes i inia L rr er is noti t at: (i) yo a fe ght to rev e aFy iTE-7ñã ta 3 d on o 1 by a xnsumer reporting
agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); (ii) your ile is available for review at no charge on request
made to the consumer reporting agency within thirty days alter the date of the receipt of notice that credit has been denied, and your file is
available for a minimal reporting charge at any other time; (iii) you have a right to dispute directly with your consumer reporting agency the
completeness of accuracy of any item contained in a fle on you maintained by that consumer reporting agency; (iv) no consumer reporting
agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report;
(v) ACCURATE INFORMATION CANNOT BE PERMANENT LY REMOVED FROM T HE FILES OF A CONSUMER REPORTING AGENCY; and
(vi) non-prott organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit
Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local
Services"
organization, or check your yellow pages under "Credit Counseling to lind a non-profit service.
MEMBER ID OF BORROWER & CO-BORROWER (if any)
BY: LENDINGCLUB CORPORATION
ATTORNEY-IN-FACT FOR BORROWER and CO-BORROWER (if any)
(SIGNED ELECTRONICALLY)
The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 2020 14:26:55
ThisINDEX of an EK12024000487
is a copyNO. authoritative document
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024
Exhibit B
WEBBANK PRIVACY NOTICE
WHAT DOES WebBank DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit
Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM INDEX NO. EK12024000487 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 EXHIBIT A ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 LOAN SUMMARY Loan Id: :3861 Primary Borrower Contact Information Full Real Name: melissa collins Screen Name: Email: Address: 32 Smith St Brocton, NY 14716 Home Phone: Cell or Work Phone: Secondary Borrower Contact I ion Full Real Name: justin ns Screen Name: Email: Address: 32 Smithk-- Brocton, NY 14716 Home Phone: Cell or Work Phone: Loan Information Loan Issue Date: 3/4/20 Original Loan Amount: $19,125.00 - - - Principle ce: L$1-2.516-g L. L Principl ce Da e: 10/, /:'2 Payoff $14 186.45 Payo : 10/ / 2 Loan Documents Document Name Date/time Document Version Signed Borrower Agreement 3/2/20 06:26:54 AM PST LC_SEC_V28 Credit Score Notice 3/2/20 06:26:54 AM PST LC_SEC_V4 Credit Score Notice 3/2/20 06:26:54 AM PST LC_SEC_V4 Truth in Lending Disclosure 3/2/20 06:26:54 AM PST LC_SEC_V13 Terms of Use and Consent to Electronic Transactions and Disclosures 3/2/20 06:16:23 AM PST SHARED_SEC_V3 Electronic Consent 20 06:16:23 EC_V3 Credit Profile Authorization O 06 13:23 . C V5 Authorization for Automatic aymen 0 1:36 LC : C_VS I The authoritative document is maintained by LendingClub Corporation and this copy was created Oct 04 2022 08:04:37 LoanlD: 3861 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM Date Signed: 3/2/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 Authorization for Automatic Payments Making Loan Payments/ Authorization for Automatic Payments If your loan is funded, you hereby authorize LendingClub Corporation ("Lending Club"), as the loan servicer on your loan from WebBank, and its successors and assigns, to initiate electronic funds transfers from your designated account provided to Lending Club on the date of this agreement for monthly repayments on your loan. EACH MONT H, THE DEBIT AMOUNT MAY BE A RANGE OF PAYMENTS, WHICH WOULD INCLUDE YOUR MONT HLY PRINCIPAL AND INTEREST, AND FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR LOAN MAY BE COLLECTED USING ELECTRONIC FUNDS T RANSFERS INITIATED BY US FROM YOUR DESIGNATED ACCOUNT. With regard to payments made by automatic withdrawal, you have the right to receive notice of all transfers that will vary in amount from one month to the next. Lending Club will provide electronic notice of the upcoming transfer amount ten (10) calendar days ahead of the scheduled transfer. You may stop payment of automatic wit als or rev e your pr or authori nf tomatic with awals by notifvinn us at least three (3) banking days before the scheduled dat o er. s re a pl e o owers o I a Lerd mines in its sole discretion. You understand this authorization I remain in et until y u lo.:n is in ful o you noti u or your n nc al tion of its termination, taking into consideration the necessary ti e equired y Lending C a id o r financi I i stitution t mplement h c ge. The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:31:36 LoanlD: 3861 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM Date Signed: 3/2/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 Borrower Agreement (April 2019) ("you" "your" The following Borrower Agreement ("Agreement") is between you and mean each and every borrower, including any joint ("we," applicant/co-borrower) and WebBank, a Utah-chartered industrial bank or "us"). This Agreement governs the process by which you may make a request or requests for a loan from us through the website Lendingelub.com, including any subdomains thereof, or other application channels offered by us (collectively, the "Site") and operated by LendingClub Corporation ("LendingClub"). If you make a loan request, and if that request results in a loan that is approved and funded by us, then your loan will be governed by the terms of the Loan Agreement and Promissory Note, which is attached to this Agreement as Exhibit A, and as it may be revised from time to time. The version in effect when you make a loan request will apply to any loan made in response to that request, and any secondary loan would be governed by the terms of the document then in effect. This Agreement will remain in effect for the applicable loan, and will terminate if your loan request is cancelled, withdrawn, or d ne . BY ELECTRONICALLY S G ING THI GREEM , 'OU VE SIGl4 IFIED YO AGREE N ESE TERMS. 1. Loans. Under this Agree you ca equest a i st; _lli nt loan fur ded and ori n ted by u t at s acilitated through the Site. When you make a request, you agree r ve ti pay the loan that I12 / be made I r o e o that request, subject to your right to cancel the request before closing an ur rig , oth ar MJrther descr bt d in section 2 . Your agieement means you agree to repay the money provided by us to you and to abide by the terms of this Agreement, the Loan Agreement and Promissory Note, and all other agreements or disclosures provided to you during the loan process and which may be found in your LendingClub account. Any dispute with us, LendingClub or any subsequent holder of the Loan Agreement and Promissory Note will be resolved by binding arbitration, subject to your right to opt out as set forth below. Each loan request is subject to our credit criteria in effect at the time of your loan request. . \c t VMi c n to >right on 23- , u u lebr we are ; bl t r-Na cco ft n r on, we will can :e your rp n yo an re t wil of e os e 1on th ) ;ite, and I ng eemer t vill be ermi d. . .oa equ ±r ts. Yo J r lay po ;t a quaifyin I an reque n h t . You my not po at mor t an t ne loan nequest c1 he it tim : n i you n It have rio e than two loa ls o s anding a a y i iv n e. YCJ "nay pt s a loa r t in the 3i e, and Lt ndin I i v1stors ( ves tors") wil be ab 3 o rev Muyo st. n est ma ommit tc (i) pu c ase t loan t y subsequ ently c iring ihr I 1 itself, in wh e or it part, fro crus or -e idingC u r (ii) invea ndir iiryour lot nihrou he p chase of'securitLrissu soltJ uy LendingClub or another entity which has indirectly or directly acquired your loan from LendingClub. You acknowledge that an Investor's commitment to invest in all or a portion of your loan does not confer any rights to you or obligate us to issue your loan. You understand that Investors make their own decisions whether to invest in your loan. Finally, LendingClub may also choose to invest in all or part of your loan request, but is not obligated to do so. We may elect i, r sole discre ve you I fu op in 1, if ssa , ict our n wi| be ceives commitments to t ss th e ful u your req e ted Icar (su j o ppl c imt rr n ;i. e). WE DO NOT V A RA UARANT ( HAT YOU AN R aQ T WILL T R WT INVEST M žN I sl ERES “, OR (2) THAT YOU WILL RECEl E A A A RES O ST ING A U T. No later than t)ty mm ays a application is plete, we Jt ou if your n c appm will he for.E me or all of your requested amount, or is declined, or if we are making you a counter-offer. Your loan request will be listed on the marketplace for at least fourteen (14) days, subject to investor interest. It may take up to forty-five (45) days to process and issue your loan. If at any point, you no longer want a loan under your pending loan request, you must notify us in writing of your election to terminate your loan request sufficiently far in advance of the loan closing for us to cancel the loan. 4. Loan Terms. Your loan will have a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and Promissory Note, each of which is provided to you and placed into the on-line account you established upon registration. You agree and acknowledge that the initial loan disclosures made to you are estimates and are subject to change based on the actual, initial principal balance of the loan funded and your selected payment option (check or Automated Clearing House ("ACH")). Opting to pay by check will result in a processing fee that will increase your APR. All loans are unsecured, fully-amortizing, closed-end loans for the term stated in your Truth in Lending disclosure and Loan Agreement and Promissory Note. Your obligations, including your obligation to repay principal and interest, are set forth in the Loan Agreement and Promissory Note. Other fees and terms of the loan will also be set forth in the Loan Agreement and Promissory Note. All payments are to be applied to Borrower's obligations as Lender determines in its sole discretion. 5. Credit Decisions. If you make a loan request, you must fully complete the application on the Site. You do not need to disclose alimony, child support or separate maintenance income if you do not wish to have it considered as a basis for repaying a loan. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof. Additionally, by proceeding with the application, you consent to our use of any information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verification, fraud The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 2020 14:26:55 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 prevention and credit underwriting. Failure to timely provide information can result in your loan application being incomplete and closed by us. Furthermore, we may terminate consideration of your application at any time in our sole discretion. 6. Authorization to Obtain Consumer Report and Rights Related to Consumer Reporting Agencies. You authorize us and LendingClub to investigate your credit history by obtaining consumer reports about you. We may request a consumer report from consumer reporting agencies in considering any application or loan request, and we and LendingClub may request such reports on a periodic basis during the term of this Agreement or any Loan Agreement and Promissory Note. The terms of such authorization are set forth more fully in the Credit Profle Authorization. Under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), (i) you have a right to review any fle maintained on you by a consumer reporting agency, (ii) your fle is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of the receipt of notice that credit has been denied, and your file is available for a minimal reporting charge at any other time; (iii) you have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a file on you maintained by that consumer re orting agency; iv no consumer re orting a ency may make any consumer report containing any adverse item of information dating fro an s v rs t e e e ACCUR ATDp@-C-ANÔOT BE PERMANENTLY REMOVED FROM THE FIL S F A CON ER RE T N3 NCY; 1r d (vi) non- r fit organi a iors whieh0provide credit and debt counseling service are avail e. 7. Limited Power of Attorne nt. (" As a condition to receiving a loan from us, you hereby grant-to LendingClub a limited power of attorney wer of Attorney") and appoint them and/or their designees as your true and lawful attomey-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to: " Complete and execute the Loan Agreement and Promissory Note(s) in the form attached as Exhibit Athat reflect- the accepted terms set forth in each of your final Truth in Lending Disclosure(s) as such may be posted from time to time in response to your loan re st(s t e_an-lirje2c ) t yo t ave witr L ±n g lul nthe..dTufDebts ar on ..__ _.. " A r e to a chanc e: neces sapccrre t ny erro r o ni)s in a Loan g reement i'romisso-y Note(s) hef e or ft r e tion; p ovidec ti at noti:e is givMr to y u; and " Oth se act with ul power a)d au hori t do and e or n h nd Evt ry act Tr d thin r to and n ic tssary tt be o i conne i . rith sut h other [ owers é bove s Ily to II nte it an urpos is as 3 o 1migh r cou d Jo in per ion. This Power of Attorney is limited solely to the purpose described above and will expire automatically upon the termination of this Borrower Agreement. You may revoke this Power of Attorney by contacting us at support@Iendingelub.com or calling 888-596-3157 and closing your account with us; provided, however, if a loan request has been approved you must provide such notice before the loan proceeds are transferredto your Designated Account and before the Loan Agreement and Promissory Note is executed on your behalf. Once the Loan Agreement and Promissory Note is signed by LendingClub or its designee acting as your attorney-in-fact, it is deemed executed on your behalf and shall be your valid and ding obliga ere You aaree an 1 bn wle a n i a lub is a i tendoc thi d o e efi ;i rv of this She 'o a 7 for I u cases of receivina a lo u fro s. If you choose to r2voke s o er of A 0 ey 0 0 executi , 3 vill unable t oc Ed with you It·an re t est ani our pending loan request will be :onsi e d wit a ur accoun sed, and na prohibit d op posting}td onal u lifying Ipn requests in the future in our discretion. 8. Loan Consummation. YOU AGREE AND ACKNOWLEDGE T HAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (1.E. CONSUMMATED) UNTIL YOUR ABILITY TO CANCEL YOUR LOAN APPLICATION HAS PASSED. YOU ACKNOWLEDGE THAT WE ARE MATERIALLY RELYING UPON THIS UNDERSTANDING IN UNDERTAKING THE POTENTIAL ISSUANCE OF YOUR LOAN. Your ability to cancel your loan application is govemed by section 23(A) of this Agreement, which is below. 9. Military Lending Act. 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). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number (844) 538-6754. 10. Servicing by LendingClub. You acknowledge and agree that LendingClub may provide services to us in connection with evaluating The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 your loan requests,and all other aspects of your relationship with us. LendingClub will also act as the servicer of any loan that you obtain. LendingClub may delegate servicing to another entity in its sole discretion without notice. 11. Other Borrower Agreements; Use of Loan Proceeds. You agree that you (A) are a US citizen, permanent resident or non- permanent resident alien in the United States on a valid long term visa; (B) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions of fact, including but not limited to your loan description and any other credit you have applied for; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any LendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourself to any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf; (v) use any of the loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board; (vi) use any of the loan proceeds to fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the Site; (vii) use any of the loan proceeds for the purpose of purchasing or carrying any securities; (viii) use any of the loan proceeds for the purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof; or (ix) us e Si to r e o btair a to other tha o s and ) that ou have all necessary consents, permissions, ack o ledgeme s r agre nts from II oint c. y icants/co- o owers n wt m_ay_relyupon this agreement without any investigation or ification. o further a k ovled e nd agree that we m rely witho t nd s endent verification on the accuracy, authenticity, and c letenes all inform ti n n rovide to as . To the e t t that we d te mne, in our sole discretion, that your loan request violates this men t e Ter f U: e or any other a reement e t ed int h ul )r LendingClub, we may terminate your loan request and cancel this me ately. 12. Liability of the Borrower and Joint Applicant/CoBorrower is Joint and Several The liability of any joint applicant/co-borrower under this Agreement and under the Loan Agreement and Promissory Note 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 Agreement, the Loan Agreement and Promissory Note and any other agreement and documents as if an original signatory. µ an r suTcis(s.or.r 2nd2ss g s ha e sole s o to pr ic at n ti n agairts.t2iy par es p psit le und r 5 s g eem n . : ulth r, e car é ccept 7: tructio is o4eit7er or the o t c 3 lic n co-b 3r ower, tr d notice te iven t ) oither y at or h jo t pplic co-bt rr )wer, r n·i shall )µ bindi 1g o th and d e er! cel ed by a parties. - 3 TCP s :nt & r ivacy. twith: te ndi any cur or p ior I etior t 1opt ir c opt u o re e ving te e narketilç call o S essages (1 u ing te :t nessa jej) fro s, o a eprr s ntati e , 2ífil ates, c r anyon allin o7 our t e alf, yo xpre sly const ni 1 to be contacted by us, our agents, representatives, afhliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or arti1icial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she ay also leave a sage on y swe magbjle, mail end nne via ten - . ^ You consent to rEc e MS ssages i I di g text me s ges), ci_lls n sa (ir cl iding_þrerec d aiid artifi:ial voice and autodials) from u: , ou e s represen a v s athliates o yone penseror roor1-and b8á-d. Default. Borrower may be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) files or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (3) commits fraud or makes any material misrepresentation in this Note, the Borrower Agreement or in any other documents, applications or related materials delivered to Lender in connection with its loan, or (4) has breached or of. se fails to he ter s N r thrn orr Agr nt. oc( enc efault, Lender may exer I rem i s aval b u r app ica I law and this N i d g rit itatiar c Irrate al 2 nounts owed on this Note and c±r lan t t o rower im i te pay suc a ount ;. er' Lender may rer 0 t infor i bout Bo 0 t r a . Should t e e b : nore than on 9 Bor over, Le 1cer may report that a count to c loan account tc tl. di bur ames o . at:: p y ents, mi s d r a I frower r t ler d fEJIts Or a 7 aCCOunt may be attorneys' reflected in Bor ower's credit repor . orrower agrees to pay all costs o co lecting any elinquent payments, inc uding reãsonable fees, as permitted by applicable law. Joint and Several Liability. The liability of any joint applicant/co-borrower to repay in full this loan is in addition to and not in lieu of the obligations of the primary Borrower to repay the loan in full. The joint applicant/co-borrower agrees to abide by the terms and conditions of this Note or any other agreements or documents provide or executed as part of the application process, as if an original signatory. Lender (or its designee) has sole discretion to proceed against both the Borrower and any joint applicant/co-borrower to recover all the amounts due under this Note. Further, Lender (or its designee) can accept instructions from either Borrower or the joint applicant/co- borrower, and notice given to either party shall be binding on both parties and all disclosures provided to a party will be deemed simultaneously received by all parties. Loan Charges. If a law that applies to the Loan and sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO BORROWER'S CONSENT TO ELECTRONIC T RANSACTIONS AND The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE FOR THE SITE. BORROWER EXPRESSLY AGREES THAT RECORD" THE NOTE IS A "T RANSFERABLE FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBALAND NATIONAL COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT. Registration of Note Owners. I have appointed LendingClub as my agent (in such capacity, the "Note Registrar") for the purpose of maintaining a book-entry system (the "Register") for recording the names and addresses of any future owner of bene1cial interests in this Note (the "Note Owners") and the principal amounts and interest on this Note owing to each pursuant to the terms hereof from time to time. The person or persons identified as the Note Owners in the Register shall be treated as the owner(s) of this Note for purposes of receiving payment of principal and interest on such Note and for all other purposes. With respect to any transfer by a Note Owner of its beneficial interest in this Note, the right to payment of principal and interest on this Note shall not be effective until the transfer is recorded in the Register. Miscellaneous. Lender may, without notice to orro r, as n s rig It, an t t r any po e of) in'this to any other third party, Not¶ and Borrower further under t ds, ackn I dges a d gr )µs t t ny a s nee may e , assign o tra 1s Note and all associated ' documents and information e ted to th ote witho or o v conser t or delivery f notice (su j et I each case to the registration requirement above). Borrow ay not a gn this N t wi h ) the prior vr tten cons n of Lender his b ote inures to the successors, permitted assigns, heirs and r r ntat e of Bo o er . n1 Lender. Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands what )ever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled (as provided for in the Borrower Agreement) or released by Lender. Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be provided electronically to Borrower's account, d' in- nlas B rrow)s_or ted-o2 ·Í deli r en wil ai d h addressed then rµ'cckd... - Ihs o is st b ect to he arbitr iti )n prc visio of the Bo e e ment iEtween LEnder a oriower, wEc'i is inc )r lor e b 3foren e to ihi ; Note o itrollina w. I.ender is locater! i 1the 3ttte s ote i exe u ed ar d deliv er 3d in t Stat o Utah ind is a t outract e uncel u h state's la nd fu its are cisburse^d-i om Uta . e provii.1 ns o I (Fe will bfgove d by eral lawf and tr 1aws e State of Utah to the extent not preempted, without regard to any principle of conflicts of law. The unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision of this Note. STATE LAW NOTICES: CALIFORNIA R SIDENTS ONLY: arried appli ay y for,..asep e acc . If I enrier takes ad e action as riefined by § 1785.3 of the Car or Civil a h ad e ion s asec, i 1 wh I o , on a atiar nt it e c 5rrsumer credit er' report, Borrowr r las h rig t o obtain it i days a fr e copy of torr co mei c e por fr 3 consume reporting agency who furnished iht con e edit repor fr m any oth r onstin er it repor n ac ar cy that conr lies nc maint.:ir s files on consumers on lation e is. CALIFORNIA A RESI . As required b alifornia a Ut w, Borr is herek tif 96 that 1--legative aredit report reflecting on Borrower's credit record may be submitted to a credit reporting agency if Borrower fails to fulfil the terms of Borrower's credit obligations. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note before you read it. 2. You are entitled to a copy of this Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. § 85, § 1463(g), or§1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMIT MENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS T HE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 202014:26:55 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 NEW JERSEY RESIDENTS: The section headings of the Note are a table of contents and not contract terms. Portions of this Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, law" actions or practices (i) by which Lender is or may be permitted by "applicable are permitted by New Jersey law, and (ii) that may be or law" will be taken by Lender unless prohibited by "applicable are permitted by New Jersey law. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result of this application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WASHINGTON RESIDENTS . ral a s r or 11. it n mone , c dit, )r ar from enforcing repayment of a debt are not e forceable n er Wash tor law. WISCONSIN RESIDENTS O L For ma ri d Wiscon i resi 1 ts, Borrower's signat r contrms h t this loan obligation is being incurred in the interest of Borrower's m i or . No o isic 7 )f any marita r roperty ag ent ( e ar t2 agreement), unilateral statement under § 766.59 of the Wisconsin s s o cree . to jer § 766.70 a Iversely affec r's int tr.ust unless, prior to the time that the loan is approved, Lender is furnished with a copy of the marital property agreement, statement, or decree or have actual knowledge of the adverse provision. If this loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs to receive notitcation that credit has been extended to Borrower. WEST VIRGINIA RESIDENTS ONLY: For borrowers located in West Virginia, LendingClub is operating as a Credit Services Organization ("CSO" in connection with yoi loan. Lendi gClub ma be reached at Lendin j_Club Coroorat n, 595 Ma ket Street. # kSan Francisco, CA '-4 .0 . ndingClubs-n or I roc LE In orr at t ei , 271 Me Ôy-O; k:3 ., Sai e N, ± a :ra nto, CA 35833. ue ;crip of Ge vices: Londingtit b opµre te an onlin ar ke I c plat rn. It doe 4 not i s , ftn( , or ler d loans dir ectly t bank" or sumer; aei, it ope a es um e an "r rigina n del in whi h t is a hird-p ar y ven o of a ederally e ulatec a7d in u e ban :. ' ank" oans.r ) "originatin no Jel allc x . the Liaak to ppf ts ttrough Lendin b's form. I ot.ns fac i ted t h LendingClub's marketplace are originated by WebBank. LendingClub's CSO services are rendered within 180 days. Borrowers through LendingClub's platform do not pay LendingClub any money or consideration. LendingClub generates revenue in one or more of the following three ways: (1) transaction fees from WebBank; (2) servicing fees from investors; and (3) management fees fram investment funds. Surety Notice: I en gClub h o e and t eff c a su i/ be I tans t cco Jn n th ar pua cf.$12,000. You have the right t ) n t n an a ion at la g i st the CS nd ag.til st t e s ust lefor_ddmac as red by vi )lation of the Credit Service Organi a ion , A i e 6C, Ch r 4 A of the ode. T )e a e and a es: cf the suret / .:o n whict is sued the surety bond is Interna icnal Fi el I urance o p One New k er tr r, ark, NJ 7 02. As required by wes i inia L rr er is noti t at: (i) yo a fe ght to rev e aFy iTE-7ñã ta 3 d on o 1 by a xnsumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); (ii) your ile is available for review at no charge on request made to the consumer reporting agency within thirty days alter the date of the receipt of notice that credit has been denied, and your file is available for a minimal reporting charge at any other time; (iii) you have a right to dispute directly with your consumer reporting agency the completeness of accuracy of any item contained in a fle on you maintained by that consumer reporting agency; (iv) no consumer reporting agency may make any consumer report containing any adverse item of information dating from more than seven (7) years before the report; (v) ACCURATE INFORMATION CANNOT BE PERMANENT LY REMOVED FROM T HE FILES OF A CONSUMER REPORTING AGENCY; and (vi) non-prott organizations which provide credit and debt counseling service are available. The WV Association of Consumer Credit Counseling Services (call 1-800-869-7758) or the National Foundation for Consumer Credit (call 1-800-388 2227) will connect you to a local Services" organization, or check your yellow pages under "Credit Counseling to lind a non-profit service. MEMBER ID OF BORROWER & CO-BORROWER (if any) BY: LENDINGCLUB CORPORATION ATTORNEY-IN-FACT FOR BORROWER and CO-BORROWER (if any) (SIGNED ELECTRONICALLY) The authoritative document is maintained by LendingClub Corporation and this copy was created Mar 02 2020 14:26:55 ThisINDEX of an EK12024000487 is a copyNO. authoritative document FILED: CHAUTAUQUA COUNTY CLERK 04/12/2024 11:03 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/12/2024 Exhibit B WEBBANK PRIVACY NOTICE WHAT DOES WebBank DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit