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Case Number:21-006487-SC
Filing # 129870212 E-Filed 07/01/2021 04:48:31 AM
IN THE COUNTY COURT IN AND FOR PINELLAS COUNTY, FLORIDA
SMALL CLAIMS DIVISION
VELOCITY INVESTMENTS, LLC Case No.:
Plaintiff
V
DAVID DONOVAN
Defendant(s)
STATEMENT OF CLAIM
Plaintiff, VELOCITY INVESTMENTS, LLC ("Plaintiff"), hereby sues DAVID DONOVAN,
"Defendant(s)" and alleges:
STATEMENT OF FACTS
1. This is an action for damages within the jurisdiction of this court that does not exceed
$8,000.00, exclusiveof interest and costs.
2. All conditions precedent have been performed or have occurred.
3. Defendant entered into an agreement with Plaintiffs
LendingCIub Corp assignee of WebBank, for a consumer loan under account REDACTED
A true copy of the agreement is attached hereto and incorporated herein by reference as
if fully set forth verbatim.
4. The Defendant, by execution of the agreement and/or by use of the funds provided by
LendingCIub Corp assignee of WebBank has accepted the terms and conditions of the
loan.
5. On or about 30 days from the date of last payment, which was January 31, 2019,
Defendant defaulted on the obligation to make payments due under the agreement.
6. Plaintiff is the of said agreement, having been assigned the account
****
3337 in good faith and in the ordinary course of business. See chain of title attached
hereto and incorporated herein by reference as if fully set forth verbatim.
7. Defendant is presently indebted to Plaintiff in the amount of $1,640.95.
WHEREFORE, Plaintiff demands judgment as to the Account against the Defendant for
$1,640.95, allcosts of court, and allsuch other and further reliefto which Plaintiff may be
justly entitled.
Respectfully submitted,
Ia/ARiR Rahrauwld, GR.Foil
Jonathan R Singer, Esq. (FBN 583829)
Richard Weissman, Esq. (FBN 817821)
Attorney at Law -
Debt Collector
O&L Law Group, P. L.
110 W. Columbus Dr.
Tampa, Florida 33602
EMAIL:
Telephone: 866/503-8998, Fax: 813/315-6439
This communicationis from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
00023593
***ELECTRONICALLYFILED 07/01/2021 04:48:31 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
STATEMENT OF ACCOUNT
Name: DAVID DONOVAN
Original Creditor: LendingCIubCorp assignee of WebBank
****
Original Account Number: 3337
Account Open Date: October 28, 2016
Last Payment Date: January 31, 2019
Principal Balance: $1,640.95
Total balance exclusiveof costs: $1,640.95
00023593
TM
Copy of the
ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service
Borrower Agreement
(Oct 2016)
The Borrower
following Agreement ("Agreemenf')is between you ('you" and "your" mean each and every borrower, including any joint
and WebBank, a Utah-charteredindustrial bank
("we," or "us"). This Agreement governs the process by which you
may make a a loan from
request or requests for usthrough the website Lendingdub.com,including any subdomains thereof, or other
channels offered
application byus and
(collectively, the "Site') If you make
operated by Lending Club Corporation("Lending Club')· a loan
request, and ifthal request results in
a approved and issued by
loan that is us, then your loan will be terms of the Loan
governed by the
Agreement and Promissory Note, which is attached
to this and
Agreement as Exhibit A, as it may be revised from time to time. T he version
in e#ect when you make a loan
requestwill request, and any secondary loan would be governed
apply to any loan made in response to that
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
iscancelled,withdrawn, or declined.
BY ELECTRONICALLY YS
SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS.
Agr*fr0ni,yo
1. Loans. Under this
c? request an instal ment loan issued and originated by
us
facilitdterough
that is the Site. When
you make a request, youareeto
anpGUGrbay 1-ilkIUJih,t *pe m#*in
receive toyour right to
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us, Clubor
Lending
your right
any
resolvt' Py to
t toopt out as set
forth below Each loan request is to our credit criteria iii effect at
subject thEfue ofyour loan request.
2. Account Verification. You understand that if we
are verify your bank account
unable to for any reason, we will cancel your application,
your loanrequest will not be
postedon the Site, and this Agreement will be terminated.
3. Loan Requests. You may post a qualifying loan request on
the Site. You may not
post more than one loan request on
the site at a time
and you may not have more than two loans
outstandingat any given time.
You may post aloanrequest on the Site: and Lending Club
investors ("Investors') will be able to review your loan request. Investors may commit to
(i) purchase the
loan by subsequently acquiring the
loan itselffrom us
orLending Club or (ii)
invest indirectlyin your loan
through the purchase of securitiesissued by Lending Club. You
acknowledge that anInvestor's commitment to invest in all
or a of your loan does not confer any rights to you
portion or to issue
obligate us
your loan. You understand that Investors make their own decisionswhether to invest in your loan. Club may also choose to
Finally: Lending
obligi@d to do so. U
invest in all
or part
ofyourp*iCUIJest>tt
y p is not
We may elect in
our
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solefdlitimtion # Will be issued if it receives
les? tari aont etd subje::t
j applicable minimum-16an size)
commitrnerits totaling the full of your requ loan to any
WE DO NOT WARRANT
-GVAB THAT YOUR
(l)
YOU WILL RECEIVEA LOANDSA-RESULT OF--POSTIA A
AN--BEQUEST
QUEST
RI?*WES'1?
WILLATTRACT
Il\IVIMEAT
IME
/
IN1EREST, OR (2)THAT
No later than after your
thirty (30) days application is you will issue for some
ifyour loan is approved and or all of your
requested amount,oris if we are
declined, or makingyou acounter-ofibr. Your loan request will be listed
on themarketplace for at least
fourteen(14) days, subject to investor interest.
It may take up to issue your loan. If at any
forty-five (45) days to process and point,
you no
loan under your
longer want a pending loan must
request, you us in
notify writing of your election
to terminate your loan
request suficiently
far in advance ofthe loan
closing for cancel the loan.
us to
a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and
4. Loan Terms. Your loan will have
each of which is
Promissory Note, provided to you and placed into the on-line account you established upon registration. You agree and
acknowledge lhat the initial loan disclosures
made to youareestimates and are based on the actual, initial
subject to change principal
balance of the loan issued and your selected House
payment option (check or Automated Clearing ("ACH")).Opting to pay bycheck will
result inaprocessing 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
yNNote. Your
obligations, including your obligation to repay principal
and interest,
are setforth in the Loan
Agreementand Promissory Note. Other fees and terms of the loan will also be set forth in the Loan
Agreement and Promissory Note.
5. Credit Decisions.If you make
a loan must
request, you fully complete the applicationon 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 necessarydocumentation, by
other proof or through a third party. By proceeding with the application, you consent to our use of any third-party to verify any information
about, or provide by, you. Failure to timely providethis information
can result in your loan and closed by us,
application being Incomplete
furthermore, we may terminate consideration of your application
naat any time in
oursole discretion.
The document is owned by
original LendingCIubCorporationand this copy was created on Nov 01,201611:26 08 AM.
TM
Copy of the
ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service
6. Limited Power ofAttorney Grant; Loan Request Cancellation & Closing.
receiving a loan from us, you hereby grant to Lending Club a limited power of attorney and appoint them and/or their
As a condition to
designees asyour true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name,
placeand stead,in any and all
capacities,to complete and Agreement and Promissory Note(s) in the
execute the Loan form attached as
Exhibit Atilat reflect- the
accepted terms set forth in each of your fnal Truth in such
Lending Disclosure(s) as may be posted from time to
tinie in response to your loan in the on-line account you have established with
request(s) Lending Club wheredocuments arestored and
wilh full power and lo do and
authority perform each and every act and and necessaryto be done in connectionwith such
thing requisite
power as fully to all intents and purposes as you
might or could do in person ("Power of Attorney"
")). This Power of Attorney is limited solely
to the purpose described above and will
expire automaticallyupon the termination of this Borrower Agreement. You
may revoke this Power of
Attorney by contacting us
at or 888-596-3157 and
calling closing your account with
us,provided, however, ira
loanrequest has been approved you must provide such notice before the loan proceeds are transferred to 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 oritsdesignee acting as your attorney-in-fact,it is deemed executed on your behalf and shall be your valid and binding
obligation thereafter.
You agree and acknowledge that Lending Club isan intended third-party beneficiary of this Section 6 for purposes of
receiving aloan from us
- 17
tis(Power
If you choose to revoke of
y UJADM rUuland your pending loan
bk-Doable6-*oceed wyMUJADM
addinhlqualifyingglloan requests in the
addinhl
ount csd:
request will be consider-d
ithdrawn: your ar d youma bi p ohiitd frompo*ir
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LUJ
future discretion.
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in our
You may cancel your
applica itbedd
itb
CCJ j hl
any fde=Lperfaltypridr=jwrfdingofth an:aslongas you_previde us-with sufficient advance
notice to stop the loan funding.
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7. Loan Consummation.
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND
PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (I.E. CONSUMMATED)UNTILYOUR 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.
8.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 ofthe Armed Forces and his or her dependent may not
exceed an annual Iicable to the credit transaction or account: The costs
percentagycate-et@p percent. This must
r?t,? include, as
insgf&0<6-*6mll.i??
associatedwith credit
g ir??
fees for andtllb ry products sold
nnection with the credit transaction,any fee
application
cer#inpplicationhei
charged (other than #i li i h i fof*621ed credyfafishtionss any/,p*iEI®tipnfeecharged (other than
acccojjlf)2q.Ieaar Iheiptioi (f
accojjlf)2q
or
o
participation fees?fo? a credit
certain
carl a*o 'o
-in Federal
+s -hat yo
ou rea ive a required payments
yc ur
the disdoku'es and your/crddit agreemeit uhdersrandd
Please review
caelblly
to yiur
y paynrert
(t44)
538-6754.
9.
L-,
Servicing by Lending OkiLYBatknowledge eand
a
I -
agreelhaLLeldinggClub
C
o?Kgpk?
gppk?
p
A
may provide sen*eLto
en*eLtto i connectionwithevaluating
your loan and all other
requests, aspects of your Club will also act
asthe servicer of any loan that you obtain.
Lending Club may delegate servicing to sobdlse,6(ion without notice.
another entity in its
10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you(A)are aUS citizen, permanent resident or non-
permanent resident alien
in the United States
on avalid in connectionwith your loan
long term visa; (B) will not, request: (i) make any Alse,
misleading or deceptivestatements or omissions of tact in your listing, including but not limited to your loan description:(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
orreceive from any
Lending Club member or other person any fee, bonus, additional interest, kickback or thing of value of any kdnd except in
accordancewith the terms of your
loan; (iv) representyourself to any person, as a representative,employee, or agent ofours, or purport to
speak to anypersonon our behalf: (v)
useany 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,
or(vi) use any of the loan proceeds to fund any illegal
activity or any other activity or
use nototherwise allowed under this Agreement or the Site,
(vii)
use any of the loan proceeds for the purpose
of purchasing or the Site to
carrying any securitiesi (viii) use request orobtain a loan for
someone other than yourself; and
(C)that you have
all necessar·y consents, permissions,acknowledgements or agreements from all joint and we may rely upon this
agreement without any
investigation
or verification. You further acknowledge and agree that we may
rely without independent verificationno
on
authenticity, and completeness ofall information you provide to
the accuracy: us. Tothe extent thai we determine, in
our sole discretion:
that
your loanrequest violates
this Agreement the Terms of Use
orany other agreement entered into with
us or Lending Club, we may terminate
your loan request and cancel this Agreement
immediately.
11. Liability of the
Borrower and Joint is Joint and Several. The liabilityof any joint
under this
Agreement and under the Loan AgreementandPromissory Note is in addition to and not in lieu of the
obligationsof the primary
borrower. Thejoint agrees to abide
by the terms and conditions of this Agreement, the Loan
Agreement and
The document is owned by
original LendingCIubCorporationand this copy was created on Nov 01,201611:26 08 AM.
TM
Copy of the
ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service
Promissory Note and any other agreement and documents
as if an
original signatory.
We and our successors andassigns have sole discretion lo
proceed, at any time, against any party responsible under this Agreement.
Further, we
can accept instructions from either you
orthe joint and notice can be
givento either you or the
joint
and shall be and deemed received
binding on both by all parties.
12. TCPA Consent & Privacy. Notwithstanding
ga oroptout of
any current or prior election to opt in receivingtelemarketing calls
or GMS
messages) from us, our
messages (including text agents, representatives, affiliates:
or
anyone calling
on ourbehalf youexpressly consent
to be contacted by us,
ouragents, representatives, affiliates,
oranyone calling
on ourbehalf br any and all purposes arising out of or
to your loan and/or account, at any
relating address you provide or at which you may be
telephone number, or physical or electronic
reached. You agree
we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages
orartificialvoice, and calls and messages delivered
using auto telephone dialing system or an automatictexting 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
he or she may also leave a message on your
calls, answering machine, voice mail, or send one via
text.
(including text messages), calls
You consent to receive SMS messages and messages (including prerecorded and artificial voice
and
autodialed) from us,
ouragents, representatives, affiliatesor anyone calling
on our behalf at the specific
number(s) you have provided
to us,
ornumbers we can with your account
(through skip trace, caller ID capture or other mean#*391 information or
provided
appfon,iokriad/or
questions about your
pqortact,iokriad
pp
to us are your
ur numbers.
You certify, warrant and representthat the telephone numbers that you have
account.
to r0*ive calls T446(te IWepiGhe numbers you have
Youagre? 4 Tou qtop uslliga 94Cultr/klephoneeppuber il
providedtous. prornptly alert 4s pvhenevr
h
Your cellular or mobile tel· als that by
'ieprofd* wilt?large oacco dinp Jhetyp yp
anyou carr> u ree we may contact you
·
email addr- ·z
e-mail, using any -h*ve pro*Iedle·ils or thiktyouprovide
id in the future. -Mten tr-
'id/or record
phone calls
tu
.
between you and representatives without notice to you
permittedl law For record calls for
example, we listen to and
bppl-cable
our as
quality monitoring purposes.
13.Assignment; Termination. We may assign this Agreementandthe Loan Agreement andPromissory Note,
orany ofour rights under
this Agreementorthe Loan Agreementand in whole or in
Promissory Note, part at any time. You further understand, acknowledge and
agree thatLending Club
or transfer your Loan Agreement and
another third-party may further sell assign
or
Promissory Note and all
associated documentsand information related to the and the Loan notice to you.
Agreement and Promissory Note without your consent
or
You may notassign, transfer: sublicense or otherwise delegate your rights or obligationsunder this Agreementto
another person without
our prior written
consent.Any such assignment, transfer, sublicense or delegation in violation of this section
13 shall be null and void.
We may terminate this Agreement and your make loan requests at any Ume. If you committed fraud or made a
ability to niin
misrepresentation
connectionwith your otherwise failed to
request foroan, performed any prohibitedac.rvity,
or any
apPEftion or or
abide
this/G.eement, .vell
by the terms of have all remediesauthorizedor
penn'tted bv this Agreement and applicable law.
14. EntireAgree ment? Tis Agreemet,
g inc ay Loa'lAOr,nd-Proi-nisso1.\ mAy-g*ed bra loan, representthe
betwee? *u
entire agreement and us rg suojectmktter heeof
rding the and
sulersede all
priopbccomtqmporaneouscommunications,
promises andproposals, *(hkhE_REAI, W
men or
IkQkeolis
k
electronic, k ·Avith respdctto your load rdg.tlnd loan.
/-4
FULL
FULL_gSlJfTO
_ggSlJfTO
15. Electronic Transactions. THIS AGREEMENT IS YOUR CONSENT TO ELECTRONICTRANSACTIONS AND
DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS-OFUSE FOR THE SITE.
16. Notices. All notices and other communications to you hereundermay be
given by email to your registered email address or posted
on
the Site, and shall be deemed to have been
duly given and effectiveupon transmission. You acknowledge that you have control of such
Preview
Case Number:21-006487-SC Filing # 129870212 E-Filed 07/01/2021 04:48:31 AM IN THE COUNTY COURT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS DIVISION VELOCITY INVESTMENTS, LLC Case No.: Plaintiff V DAVID DONOVAN Defendant(s) STATEMENT OF CLAIM Plaintiff, VELOCITY INVESTMENTS, LLC ("Plaintiff"), hereby sues DAVID DONOVAN, "Defendant(s)" and alleges: STATEMENT OF FACTS 1. This is an action for damages within the jurisdiction of this court that does not exceed $8,000.00, exclusiveof interest and costs. 2. All conditions precedent have been performed or have occurred. 3. Defendant entered into an agreement with Plaintiffs LendingCIub Corp assignee of WebBank, for a consumer loan under account REDACTED A true copy of the agreement is attached hereto and incorporated herein by reference as if fully set forth verbatim. 4. The Defendant, by execution of the agreement and/or by use of the funds provided by LendingCIub Corp assignee of WebBank has accepted the terms and conditions of the loan. 5. On or about 30 days from the date of last payment, which was January 31, 2019, Defendant defaulted on the obligation to make payments due under the agreement. 6. Plaintiff is the of said agreement, having been assigned the account **** 3337 in good faith and in the ordinary course of business. See chain of title attached hereto and incorporated herein by reference as if fully set forth verbatim. 7. Defendant is presently indebted to Plaintiff in the amount of $1,640.95. WHEREFORE, Plaintiff demands judgment as to the Account against the Defendant for $1,640.95, allcosts of court, and allsuch other and further reliefto which Plaintiff may be justly entitled. Respectfully submitted, Ia/ARiR Rahrauwld, GR.Foil Jonathan R Singer, Esq. (FBN 583829) Richard Weissman, Esq. (FBN 817821) Attorney at Law - Debt Collector O&L Law Group, P. L. 110 W. Columbus Dr. Tampa, Florida 33602 EMAIL: Telephone: 866/503-8998, Fax: 813/315-6439 This communicationis from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 00023593 ***ELECTRONICALLYFILED 07/01/2021 04:48:31 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** STATEMENT OF ACCOUNT Name: DAVID DONOVAN Original Creditor: LendingCIubCorp assignee of WebBank **** Original Account Number: 3337 Account Open Date: October 28, 2016 Last Payment Date: January 31, 2019 Principal Balance: $1,640.95 Total balance exclusiveof costs: $1,640.95 00023593 TM Copy of the ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service Borrower Agreement (Oct 2016) The Borrower following Agreement ("Agreemenf')is between you ('you" and "your" mean each and every borrower, including any joint and WebBank, a Utah-charteredindustrial bank ("we," or "us"). This Agreement governs the process by which you may make a a loan from request or requests for usthrough the website Lendingdub.com,including any subdomains thereof, or other channels offered application byus and (collectively, the "Site') If you make operated by Lending Club Corporation("Lending Club')· a loan request, and ifthal request results in a approved and issued by loan that is us, then your loan will be terms of the Loan governed by the Agreement and Promissory Note, which is attached to this and Agreement as Exhibit A, as it may be revised from time to time. T he version in e#ect when you make a loan requestwill request, and any secondary loan would be governed apply to any loan made in response to that 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 iscancelled,withdrawn, or declined. BY ELECTRONICALLY YS SIGNING THIS AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. Agr*fr0ni,yo 1. Loans. Under this c? request an instal ment loan issued and originated by us facilitdterough that is the Site. When you make a request, youareeto anpGUGrbay 1-ilkIUJih,t *pe m#*in receive toyour right to 4osirig cancel the request befori as descri'feJnselJ> 6 bqiJvv. q *t'rjagbpdpenlreans j g p p s you y fgfe g to rjFy j ythemoney provided byus to you andto abidebythe tAr ofthis *ferpeIt, p the id PNApigsfry bai A.greemenaid g pig f Note, f' fl otherfgfeements anf' o erfgfe ordisclosures providedtoyou during the\Iq?rkpcoc?and?? \ subsequent holder of the he L q p Loarf-Agre©ment f A © d clmye ffouhdtyojfr hdt jf and*ornissory NoIB-witllie tand*ornissory Lendlt'? dlt'?flubbinding arbitratibn,iubject account. htdisp*/witt it tib p i /bj t us, Clubor Lending your right any resolvt' Py to t toopt out as set forth below Each loan request is to our credit criteria iii effect at subject thEfue ofyour loan request. 2. Account Verification. You understand that if we are verify your bank account unable to for any reason, we will cancel your application, your loanrequest will not be postedon the Site, and this Agreement will be terminated. 3. Loan Requests. You may post a qualifying loan request on the Site. You may not post more than one loan request on the site at a time and you may not have more than two loans outstandingat any given time. You may post aloanrequest on the Site: and Lending Club investors ("Investors') will be able to review your loan request. Investors may commit to (i) purchase the loan by subsequently acquiring the loan itselffrom us orLending Club or (ii) invest indirectlyin your loan through the purchase of securitiesissued by Lending Club. You acknowledge that anInvestor's commitment to invest in all or a of your loan does not confer any rights to you portion or to issue obligate us your loan. You understand that Investors make their own decisionswhether to invest in your loan. Club may also choose to Finally: Lending obligi@d to do so. U invest in all or part ofyourp*iCUIJest>tt y p is not We may elect in our l fdli i i nti44ou-#Jll ti44 solefdlitimtion # Will be issued if it receives les? tari aont etd subje::t j applicable minimum-16an size) commitrnerits totaling the full of your requ loan to any WE DO NOT WARRANT -GVAB THAT YOUR (l) YOU WILL RECEIVEA LOANDSA-RESULT OF--POSTIA A AN--BEQUEST QUEST RI?*WES'1? WILLATTRACT Il\IVIMEAT IME / IN1EREST, OR (2)THAT No later than after your thirty (30) days application is you will issue for some ifyour loan is approved and or all of your requested amount,oris if we are declined, or makingyou acounter-ofibr. Your loan request will be listed on themarketplace for at least fourteen(14) days, subject to investor interest. It may take up to issue your loan. If at any forty-five (45) days to process and point, you no loan under your longer want a pending loan must request, you us in notify writing of your election to terminate your loan request suficiently far in advance ofthe loan closing for cancel the loan. us to a principal balance in the amount set forth in the Truth in Lending disclosure and Loan Agreement and 4. Loan Terms. Your loan will have each of which is Promissory Note, provided to you and placed into the on-line account you established upon registration. You agree and acknowledge lhat the initial loan disclosures made to youareestimates and are based on the actual, initial subject to change principal balance of the loan issued and your selected House payment option (check or Automated Clearing ("ACH")).Opting to pay bycheck will result inaprocessing 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 yNNote. Your obligations, including your obligation to repay principal and interest, are setforth in the Loan Agreementand Promissory Note. Other fees and terms of the loan will also be set forth in the Loan Agreement and Promissory Note. 5. Credit Decisions.If you make a loan must request, you fully complete the applicationon 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 necessarydocumentation, by other proof or through a third party. By proceeding with the application, you consent to our use of any third-party to verify any information about, or provide by, you. Failure to timely providethis information can result in your loan and closed by us, application being Incomplete furthermore, we may terminate consideration of your application naat any time in oursole discretion. The document is owned by original LendingCIubCorporationand this copy was created on Nov 01,201611:26 08 AM. TM Copy of the ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service 6. Limited Power ofAttorney Grant; Loan Request Cancellation & Closing. receiving a loan from us, you hereby grant to Lending Club a limited power of attorney and appoint them and/or their As a condition to designees asyour true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, placeand stead,in any and all capacities,to complete and Agreement and Promissory Note(s) in the execute the Loan form attached as Exhibit Atilat reflect- the accepted terms set forth in each of your fnal Truth in such Lending Disclosure(s) as may be posted from time to tinie in response to your loan in the on-line account you have established with request(s) Lending Club wheredocuments arestored and wilh full power and lo do and authority perform each and every act and and necessaryto be done in connectionwith such thing requisite power as fully to all intents and purposes as you might or could do in person ("Power of Attorney" ")). This Power of Attorney is limited solely to the purpose described above and will expire automaticallyupon the termination of this Borrower Agreement. You may revoke this Power of Attorney by contacting us at or 888-596-3157 and calling closing your account with us,provided, however, ira loanrequest has been approved you must provide such notice before the loan proceeds are transferred to 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 oritsdesignee acting as your attorney-in-fact,it is deemed executed on your behalf and shall be your valid and binding obligation thereafter. You agree and acknowledge that Lending Club isan intended third-party beneficiary of this Section 6 for purposes of receiving aloan from us - 17 tis(Power If you choose to revoke of y UJADM rUuland your pending loan bk-Doable6-*oceed wyMUJADM addinhlqualifyingglloan requests in the addinhl ount csd: request will be consider-d ithdrawn: your ar d youma bi p ohiitd frompo*ir o*ir g LUJ future discretion. ---,RK , in our You may cancel your applica itbedd itb CCJ j hl any fde=Lperfaltypridr=jwrfdingofth an:aslongas you_previde us-with sufficient advance notice to stop the loan funding. C 7. Loan Consummation. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT OBLIGATED UNDER THE TERMS OF THE LOAN AGREEMENT AND PROMISSORY NOTE AND THE LOAN TRANSACTION WITH US IS NOT COMPLETED (I.E. CONSUMMATED)UNTILYOUR 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. 8.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 ofthe Armed Forces and his or her dependent may not exceed an annual Iicable to the credit transaction or account: The costs percentagycate-et@p percent. This must r?t,? include, as insgf&0<6-*6mll.i?? associatedwith credit g ir?? fees for andtllb ry products sold nnection with the credit transaction,any fee application cer#inpplicationhei charged (other than #i li i h i fof*621ed credyfafishtionss any/,p*iEI®tipnfeecharged (other than acccojjlf)2q.Ieaar Iheiptioi (f accojjlf)2q or o participation fees?fo? a credit certain carl a*o 'o -in Federal +s -hat yo ou rea ive a required payments yc ur the disdoku'es and your/crddit agreemeit uhdersrandd Please review caelblly to yiur y paynrert (t44) 538-6754. 9. L-, Servicing by Lending OkiLYBatknowledge eand a I - agreelhaLLeldinggClub C o?Kgpk? gppk? p A may provide sen*eLto en*eLtto i connectionwithevaluating your loan and all other requests, aspects of your Club will also act asthe servicer of any loan that you obtain. Lending Club may delegate servicing to sobdlse,6(ion without notice. another entity in its 10. Other Borrower Agreements; Use of Loan Proceeds. You agree that you(A)are aUS citizen, permanent resident or non- permanent resident alien in the United States on avalid in connectionwith your loan long term visa; (B) will not, request: (i) make any Alse, misleading or deceptivestatements or omissions of tact in your listing, including but not limited to your loan description:(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 orreceive from any Lending Club member or other person any fee, bonus, additional interest, kickback or thing of value of any kdnd except in accordancewith the terms of your loan; (iv) representyourself to any person, as a representative,employee, or agent ofours, or purport to speak to anypersonon our behalf: (v) useany 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, or(vi) use any of the loan proceeds to fund any illegal activity or any other activity or use nototherwise allowed under this Agreement or the Site, (vii) use any of the loan proceeds for the purpose of purchasing or the Site to carrying any securitiesi (viii) use request orobtain a loan for someone other than yourself; and (C)that you have all necessar·y consents, permissions,acknowledgements or agreements from all joint and we may rely upon this agreement without any investigation or verification. You further acknowledge and agree that we may rely without independent verificationno on authenticity, and completeness ofall information you provide to the accuracy: us. Tothe extent thai we determine, in our sole discretion: that your loanrequest violates this Agreement the Terms of Use orany other agreement entered into with us or Lending Club, we may terminate your loan request and cancel this Agreement immediately. 11. Liability of the Borrower and Joint is Joint and Several. The liabilityof any joint under this Agreement and under the Loan AgreementandPromissory Note is in addition to and not in lieu of the obligationsof the primary borrower. Thejoint agrees to abide by the terms and conditions of this Agreement, the Loan Agreement and The document is owned by original LendingCIubCorporationand this copy was created on Nov 01,201611:26 08 AM. TM Copy of the ElectronicOriginal®document managedby the eCore® On Demand (EOD )Service Promissory Note and any other agreement and documents as if an original signatory. We and our successors andassigns have sole discretion lo proceed, at any time, against any party responsible under this Agreement. Further, we can accept instructions from either you orthe joint and notice can be givento either you or the joint and shall be and deemed received binding on both by all parties. 12. TCPA Consent & Privacy. Notwithstanding ga oroptout of any current or prior election to opt in receivingtelemarketing calls or GMS messages) from us, our messages (including text agents, representatives, affiliates: or anyone calling on ourbehalf youexpressly consent to be contacted by us, ouragents, representatives, affiliates, oranyone calling on ourbehalf br any and all purposes arising out of or to your loan and/or account, at any relating address you provide or at which you may be telephone number, or physical or electronic reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages orartificialvoice, and calls and messages delivered using auto telephone dialing system or an automatictexting 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 he or she may also leave a message on your calls, answering machine, voice mail, or send one via text. (including text messages), calls You consent to receive SMS messages and messages (including prerecorded and artificial voice and autodialed) from us, ouragents, representatives, affiliatesor anyone calling on our behalf at the specific number(s) you have provided to us, ornumbers we can with your account (through skip trace, caller ID capture or other mean#*391 information or provided appfon,iokriad/or questions about your pqortact,iokriad pp to us are your ur numbers. You certify, warrant and representthat the telephone numbers that you have account. to r0*ive calls T446(te IWepiGhe numbers you have Youagre? 4 Tou qtop uslliga 94Cultr/klephoneeppuber il providedtous. prornptly alert 4s pvhenevr h Your cellular or mobile tel· als that by 'ieprofd* wilt?large oacco dinp Jhetyp yp anyou carr> u ree we may contact you · email addr- ·z e-mail, using any -h*ve pro*Iedle·ils or thiktyouprovide id in the future. -Mten tr- 'id/or record phone calls tu . between you and representatives without notice to you permittedl law For record calls for example, we listen to and bppl-cable our as quality monitoring purposes. 13.Assignment; Termination. We may assign this Agreementandthe Loan Agreement andPromissory Note, orany ofour rights under this Agreementorthe Loan Agreementand in whole or in Promissory Note, part at any time. You further understand, acknowledge and agree thatLending Club or transfer your Loan Agreement and another third-party may further sell assign or Promissory Note and all associated documentsand information related to the and the Loan notice to you. Agreement and Promissory Note without your consent or You may notassign, transfer: sublicense or otherwise delegate your rights or obligationsunder this Agreementto another person without our prior written consent.Any such assignment, transfer, sublicense or delegation in violation of this section 13 shall be null and void. We may terminate this Agreement and your make loan requests at any Ume. If you committed fraud or made a ability to niin misrepresentation connectionwith your otherwise failed to request foroan, performed any prohibitedac.rvity, or any apPEftion or or abide this/G.eement, .vell by the terms of have all remediesauthorizedor penn'tted bv this Agreement and applicable law. 14. EntireAgree ment? Tis Agreemet, g inc ay Loa'lAOr,nd-Proi-nisso1.\ mAy-g*ed bra loan, representthe betwee? *u entire agreement and us rg suojectmktter heeof rding the and sulersede all priopbccomtqmporaneouscommunications, promises andproposals, *(hkhE_REAI, W men or IkQkeolis k electronic, k ·Avith respdctto your load rdg.tlnd loan. /-4 FULL FULL_gSlJfTO _ggSlJfTO 15. Electronic Transactions. THIS AGREEMENT IS YOUR CONSENT TO ELECTRONICTRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS-OFUSE FOR THE SITE. 16. Notices. All notices and other communications to you hereundermay be given by email to your registered email address or posted on the Site, and shall be deemed to have been duly given and effectiveupon transmission. You acknowledge that you have control of such