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  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
  • LVNV FUNDING LLC vs. LAMB, TAD CA - Breach of Agreement/Contract document preview
						
                                

Preview

Filing # 60860349 E-Filed 08/24/2017 01:59:16 PM LVNV FUNDING LLC, IN THE CIRCUIT COURT OF THE 9TH - JUDICIAL CIRCUIT IN AND FOR Plaintiff, ORANGE COUNTY, FLORIDA vs. GENERAL JURISDICTION DIVISION TAD LAMB, AS GUARANTOR FOR CASE No: COVERT SECURITY SERVICES, INC. / Defendant. COMPLAINT Plaintiff, LVNV FUNDING LLC , by and through undersigned counsel, sues Defendant, alleges that: 1. 2. TAD LAMB, AS GUARANTOR FOR COVERT SECURITY SERVICES, INC. and This is an action for damages that is within the jurisdiction of this Court. Plaintiff is a limited liability company authorized to bring this lawsuit in Florida. Defendant is an individual, is sui juris, and is a resident of ORANGE County, Florida. All conditions precedent to the bringing of this action have been met or waived. On or about 03-11-2016 Defendant requested from and was granted an extension of credit by ON DECK CAPITAL, INC. The original account number was Plaintiff is the owner and holder of the debt pursuant to an assignment from the original creditor. An assignment is not required to be attached to an initial pleading. CACV v. DeWolf, 15 Fla. L. Weekly 27a (15" Jud Cir. App. Nov. 13, 2007). Plaintiff was assigned the aforementioned account on or about 04-20-17 . Correspondence was sent by the Plaintiff, its representatives, orboth more than thirty (30) days prior to the filing of this action. COUNT | - ACCOUNT STATED Plaintiff realleges and reaffirms paragraphs 1 through 8 above. 9. Before the institution of this action Plaintiffs assignor and Defendant had business transactions between them and on 11-30-16, they agreed to the resulting balance. 10. Plaintiff's assignor rendered a statement of it to Defendant, a copy being attached, and Defendant did not object to the statement. 11. Defendant owes Plaintiff $19131.30 since 11-30-16 on the account. WHEREFORE, Plaintiff demands judgment against the Defendant for damages of $19131.30, costs, and any other relief that this Court deems just and proper. f mn/ ‘ (POLLACK & ROSEN, P.A. 4“ Joseph I. Harrison, Esq. FLA. BAR NO.: 31833 Attorney for the Plaintiff 806 Douglas Road, Suite 200 Coral Gables, Florida 33134 Telephone: (305) 448-0006 x 267 Toll Free: (888) 448-1557 Facsimile: (305) 569-0101 E-mail: Joseph H@PollackRosen.com LegalPleadings@PollackRosen.com Matter No: 3062069OnDeck > THANK YOU FOR BUSINESS LOAN AND SECURITY WORKING WITH US! AGREEMENT SUPPLEMENT ey Ue elt hy $25,000 Dear Tad, . . . Your Information Congratulations on being approved for a smal! business loan with On Deck Capital, Inc.! We want to thank you for . . Business Name: Covert Security Services, Inc. this opportunity to help your business grow. Owner Name: Tad Lamb Below is a summary of your loan details. Your Bank : PNC BANK, OHIO Routing numbe Account number: ii 10S ches MELON t OWNER INFORMATION Covert Security Services, Inc. Tad Lamb 801 Northpoint Pky, Ste 128 14861 Driftwater Dr West Palm Beach FL, 33407 Winter Garden, FL 33407 "4015 4936 This Business Loan and Security Agreement Supplement is part of (and incorporated by reference into) the Business Loan and Security Agreement. Borrower should keep this important legal document for Borrower's records. ‘OUR LOAN DETAILS Borrower . Covert Security Services, Inc. Lender ~~ — On Deck Capital, Inc. Loan Amount $25,600 ~~ Origination Fee (Deducted at time of disbursement) $625.00 Disbursement Amount (Loan Amount Jess. Origination Fee less any principal amount owed to $24,375.00 Lender from an existing loan or any amount used to pay off an existing sts obligation owed to a third party lender) DAILY Payment Amount (Business days only) $131.93 Number of DAILY Payments (Business days only) 252 Payment Schedule 252 payments of $131.94 due each Business day. ("Business day" means any Monday through Friday, except for Federal Reserve holidays) Interest Expense Multiplier (Total Repayment Amount divided by the Loan Amount. This reflects 1.33 per dollar interest cost of the loan) Total interest Expense (Does not include any Fees) $8,248.88 Total Repayment Amount (Loan Amount plus Total Interest Expense) $39,248.88Prepayment (See Section 10 of the Business Loan and Security Agreement for specilic details) PREPAYMENT, RENEWAL, AND OTHER FEES A"Prepayment Interest Reduction Percentage” of 25% (with respect to unpaid interest remaining on this loan) will be applied to the extent that the Borrower prepays this Loan in whole in accordance with, and subject to, Section 10 of the Business Loan and Security Agreement. Note that 75% of remaining unpaid interest will stil be due upon prepayment. Remaining unpaid interest on this Loan will be eligible to be forgiven by Lender if: (i) Borrower is current on its scheduled payments with respect to this Loan and, (i) while this Loan is outstanding, Borrower Renewals enters into a business loan and security agreement for a new qualifying term loan with Lender, a portion of the proceeds of which is used to repay this Loan in whole. Returned Payment Fee: $25.00 Other Fees Late Fee: $10.00 (maximum $50 within any 20 day period) (For your reference, we hay PRICING AND COMPARISION TOOLS ve included these pricing and comparison tools to help you understand the pricing on your Loan. These pricing metrics assume that all payments on your Loan are made on time.) PRICING METRIC METRIC APPLIED TO EXPLANATION OF METRIC CALCULATION OF METRIC YOUR LOAN Total Loan $8,873.88 The total amount that you will pay in Total Interest Expense + Origination Fee. Cost . interest and origination fees With respect to your Loan: $8,248.88 + $625.00 = $8,873.88 Cents on the For each dollar borrowed, the amount of Total Interest Expense Loan Amount (Expressed as Cents of Dollar 33¢ interest that will need to be repaid Interest Paid per Dollar Borrowed). With respect to your Loan: $8,248.88 + $25,000.00 = 33¢ The total amount of interest that you will Pay as a percentage of the amount Total Interest borrowed. Total Interest Expense + Loan Amount (Expressed as a Percentage 33% Note that the TIP is not annualized, and Percentage). (TIP) therefore use caution in comparing to With respect to your Loan: $8,248.88 + $25,000.00 = 33% loans expressed in annualized terms or with terms of different durations. Loan Pricing Disclosure Lender uses a system of risk-based pricing to determine interest charges and fees. Risk-based pricing is a system that evaluates the risk factors of your application and adjusts the interest rate up or down based on this risk evaluation. Although Lender believes that its loan process provides expedited turnaround time and efficient access to capital, this loan may be a higher cost loan than loans that may be available through other lenders. Loan For Specific Purposes Only The proceeds of the requested Loan may solely be used for the specific purposes as set forth in the Use of Proceeds Certification of the Business Loan and Security Agreement. IN ADDITION, THE LOAN WILL NOT BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. Borrower understands that Borrower's agreement not to use the Loan proceeds-for personal, family or household purposes means that certain important duties imposed upon entities making loans for consumer/personal purposes, and certain important rights conferred upon consumers, pursuant to federal or state law will not apply to this transaction. If you have any questio: Monday - Friday 8am - ns, please call us at (888) 828-5717 (we have support available 8pm EST and Saturdays 8:30am - 5:30pm EST) or email support@ondeck.com.Questions? (888) 269-4246 901 North Stuart Street, Suite 700 Arlington, VA 22203 fad lamb February 01, 2017 Covert Security Services, Inc. 801 Northpoint Pky, Ste 128 Account Number: 7194 West Palm Beach, FL 33407 Important Information Regarding Your OnDeck Capital, Inc. Loan Dear Tad Lamb: We are contacting you regarding the sale and transfer of your defaulted OnDeck Capital, Inc. ("OnDeck") loan referenced above. Please read the information below, because it includes the contact information you'll need for everything related to this loan. This communication is not a bill. On January 31, 2017, your OnDeck loan, including its servicing, was sold to Sherman Originator Ill LLC (“Sherman”); and following the sale to Sherman, Sherman will place this loan with its corporate affiliate Resurgent Capital Services L.P. (“Resurgent”) for servicing. This means that Resurgent will handle the administration of the loan. All prior settlement offers are now null and void and you should no longer send payments to OnDeck; please instead send all payments to Resurgent at the address below. Please note that even though OnDeck has sold this loan, your repayment obligations have not changed, and the debt is still owed. As of the date your loan was sold to Sherman, the balance due on the loan was $19,131.30. The contact information for this loan is as follows: Resurgent Capital Services L.P PO Box 10497 Greenville, SC 29603 If you have any questions, please contact Resurgent’s customer service, either in writing at the address above or by phone at (888) 665-0374. Sincerely, On Deck Payment Support, LLC 1083363/ONLPS10/2017-02-01Detail by Entity Name Florida Deparimen| of State Department of Slate / Division of Corporations / Search Records / Detail By Document Number / Page 1 of 2 Detail by Entity Name Florida Profit Corporation COVERT SECURITY SERVICES, INC. Filing information Document Number 54050 FEVEIN Number 59-2534015 Date Filed 04/26/1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/25/2015 Event Effective Date NONE Principal Address 801 NORTHPOINT PKWY. WEST PALM BEACH, FL 33407 Changed: 11/06/2014 Mailing Address 801 NORTHPOINT PKWY. WEST PALM BEACH, FL 33407 Changed: 11/06/2014 Registered Agent Name & Address CHRISTMAS, JOHN H, JR 6820 MILLHOPPER RD GAINESVILLE, FL 32653 Registered Agent Resigned: 04/28/2017 Officer/Director Detail Name & Address Title P LAMB, TAD 801 NORTHPOINT PKWY WEST PLAM BEACH, FL 33407 Title T http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity.... 7/14/2017Detail by Entity Name LAMB, CALEB 801 NORTHPOINT PKWY WEST PLAM BEACH, FL 33407 Annual Reports Report Year Filed Date 2014 04/11/2014 2015 05/01/2015 2016 01/22/2016 Document Images 04/28/2017 -- Reg. Agent Resignation 01/22/2016 ~ ANNUAL REPORT 05/01/2015 ~ ANNUAL REPORT 02/28/2015 -- Amendment 11/06/2014 -- Amendment and Name Change 04/14/2014 -- ANNUAL REPORT (2013 ~ ANNUAL REPORT 04/08/2012 -- ANNUAL REPORT 02/28/2011 -- ANNUAL REPORT 03/29/2010 - ANNUAL REPORT 03/22/2009 -- ANNUAL REPORT 04/08/2008 —- ANNUAL REPORT 04/16/2007 - ANNUAL REPORT 09/22/2006 — ANNUAL REPORT 04/08/2005 -- ANNUAL REPORT 04/27/2004 — ANNUAL REPORT. 01/19/2003 -- ANNUAL REPORT 04/29/2002 - ANNUAL REPORT NNUAL REPORT 02/16/2000 -- ANNUAL REPORT o4v27i2001 03/16/1999 -.. ANNUAL REPORT 04/19/1998 -- ANNUAL REPORT 04/11/1997 — ANNUAL REPORT 02/18/1996 -- ANNUAL REPORT 04/20/1995 -- ANNUAL REPORT View image in POF format View image in POF format View image in POF format View image in POF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in POF format ‘View image in PDF format ‘View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF format Page 2 of 2 Foride Cesartment of State, Suision of Corporatons http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail ?inquirytype=Entity..._ 7/14/2017BILL OF SALE This Bill of Sale is entered into this 31% day of January, 2017, pursuant to that certain Agreement for the Purchase and Sale of Charged-Off Accounts (“Agreement”) effective as of January 26, 2017, by and between Sherman Originator III LLC, as buyer (“Buyer”), and On Deck Capital, Inc. (“ODC”), as seller. Capitalized Terms used and not defined in this Bill of Sale shall have the meanings ascribed thereto in the Agreement. For good and valuable consideration as more particularly set forth in the Agreement, ODC (acting either (x) on its own behalf as the owner of the applicable Accounts or (y) on behalf of the applicable Sub-Seller in ODC’s capacity as servicer with respect thereof) hereby assigns, sells, transfers and conveys (or causes to be assigned, sold, transferred and conveyed) to Buyer, without recourse except as specifically provided in the Agreement, the Accounts described in the Account Schedule attached hereto as Schedule A. On Deck Capital, Inc. (acting either (x) on its own behalf as the owner of the applicable Accounts or (y) on behalf of the applicable Sub- Seller in ODC’s capacity as servicer with respect thereof) By: 4 Abii Namef : Title:Schedule A List of Accounts Number of Accounts Seller or Sub-Seller Name Aggregate Unpaid Balance ODAST II $ On Deck Internal $ ODWS $ ODAC $ ODART $ Prospect $ Overland $ WF-17 $ RAOD $ Tolis Advisors $ MPLT 2015-OD3 $ SBAF 2009 $ Angelo Gordon $ Abbreviated Name jal_Nai ODAST II OnDeck Asset Securitization Trust I! LLC [Qn Deck Internal _|On Deck Capital, Inc. lopws ODWS, LLC QDAC [On Deck Asset Company, LLC QDART OnDeck Account Receivables Trust 2013-1 LLC [Prospect Prospect Small Business Lending, LLC Overland ODYF Business LLC WE-17 IWE 17, LLC |RAOD Receivable Assets of OnDeck, LLC [Tolis Advisors _|SBL Holdings 2015-1 LLC |MPLT.2015-OD3 [Marketplace Loan Grantor Trust, Series 2015-OD3 [SBAF 2009 Small Business Asset Fund 2009 LLC. [Angelo Gordon —_|OD Loan Holdings | (Please see Computer File entitled “Sherman Tape January 2017 v2” and dated “01/31/2017”)Exhibit 2 WIRE INSTRUCTIONS Bank Name: MB Financial Bank ABA Number: | Account Number: | Description: On Deck Capital, Inc. /On Deck Operating AccountExhibit 3 CLOSING STATEMENT Number of Accounts: || Aggregate Unpaid Balance of Accounts: iy Aggregate Purchase Price of Accounts ia Cut-Off Date: January 27, 2017 Closing Date: January 31, 2017Exhibit 4 FORM OF COMPUTER FILE Account ID Product Family Initial Funding Source Source Loan Funded Date Charge Off Date Charge Off Principal Charge Off Interest Total Charge Off Balance Recoveries Total Charge Off Balance Minus Recoveries Last Payment Date Last Payment Amount # Of Payment Days Past Due Legal Entity Account Name Doing Business As Business Address Business City Business State Business Zip Tax ID Company Phone Guarantor 1 Name Guarantor 1 Address Guarantor 1 City Guarantor | State Guarantor 1 ZIP Guarantor 1 SSN Guarantor 1 Phone Guarantor 1 Email Guarantor 2 Name Guarantor 2 Address Guarantor 2 City Guarantor 2 State Guarantor 2 ZIP Guarantor 2 SSN Guarantor 2 Phone Guarantor 3 Name Guarantor 3 Address Guarantor 3 City Guarantor 3 State Guarantor 3 ZIPGuarantor 3 SSN Guarantor 3 Phone Guarantor 1 Date of Birth Guarantor 2 Date of Birth Guarantor 3 Date of BirthDeclaration of Account Transfer Sherman Originator II] LLC (“SOLLC III”), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to Sherman Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other assets (the “Assets”) identified on Exhibit A, in the Receivable File dated January 31, 2017 delivered by On Deck Asset Company, LLC, OnDeck Account Receivables, OnDeck Asset Securitization Trust Il LLC, On Deck Capital, Inc., ODYF Business LLC, c/o Overland Advisors LLC, Prospect Small Business Lending, LLC, SMALL BUSINESS LOAN FUND 2009 LLC, SBL Holdings 2015-1LLC, c/o Talis Advisors LP, WF 17, LLC, OD LOAN HOLDINGS I, c/o Deutsche Bank National Trust Company, Receivable Assets of OnDeck, LLC, ODWS, Inc., MarketPlace Loan Grantor Trust, Series 201 5-0D3 on January 31, 2017 for purchase by SOLLC TI on January 31, 2017. The transfer of the Assets included electronically stored business records, SOLLC, subsequent to the above mentioned transfer, transferred, sold, assigned, conveyed, granted and delivered to LVNV Funding LLC (“LVNV”), the above mentioned Assets, The transfer of the Assets included electronically stored business records. Sherman Originator II LLC a Delaware Limited Liability Company d Sherman Originator LLC a Delaware Limited Liability Company Title: Authorized Representative LVNVXunding LLC Title: Authorized RepresentativeExhibit A Receivables File 01.31.17 Sherman Tape January 2017 v2 Transfer Group Portfolio Transfer Batch 442123 27876 N/AMEDIA - | UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS ‘A. NAME & PHONE OF CONTACT AT FILER (optional) Corporation Service Company 1-800-858-5294 B. E-MAIL CONTACT AT FILER (optional) SPRFiling@cscinfo.com C. SEND ACKNOWLEDGMENT TO: (Name and Address) [78054615 - 371860 7 Corporation Service Company 801 Adlai Stevenson Drive Springfield, IL 62703 Filed In: Florida (8.0.s)| JHE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1, DEBTOR'S NAME: Provide only ong Debtor name (18 or 18) (use exact, ful name; do not omit, modify, or at ‘name will not fit in line 1b, leave all of item 1 blank, check here (LJ #"4 provide the individual Debtor informatio 12, ORGANIZATIONS NAME Covert Security Services, Inc. OR) ibbreviate any part of the Debtor's name): if any part of the Individual Deblor’s n in item 10 of the Financing Statement Addendum (Form UCC Ad) 1b. INDIVIDUALS SURNAME FIRST PERSONAL NAME [ADDITIONAL NAME(SVINITIAL(S) [SUFFIX te. MAILING ADDRESS BOT Northpoint Pky, Ste 128 ery STATE POSTAL CODE ISOUNTRY West Palm Beach FL | 33407 USA 2. DEBTOR'S NAME: Provide only one Debtor name (2a or 2b) (use exact, full name; do not omit, modity, or abbreviate any part of tl name wil tin ine 2 leave a ftom 2 blank, check here [] and provide 1 the Debtor's name); if any part of the individual Debtor's he Individual Debtor information in item 10 of the Financing Statement Addendum (Form UCG1Ad) a. ORGANIZATIONS NAME OR Po5 INDIVIDUALS SURNAME FIRST PERSONAL NAME [ADDITIONAL NAMEIS)/NITIALIS) [SUFFIX 26. MAILING ADDRESS airy STATE [POSTAL CODE COUNTRY 3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY): Provide only ane Secured Party name (3a or 30) 3a, ORGANIZATIONS NAME ASSN COMPANY OR |p. NDIVIDUALS SURNAME FIRST PERSONAL NAME [ADDITIONAL NAME(SyINITIAL(S) [SUFFIX Je. MAILING ADDRESS PQ. Box D576 jenny STATE [POSTAL CODE [COUNTRY Springfield IL 62708 USA 4, COLLATERAL: This financing statement covers the following collateral All documentary stamps due and Payable or to become due and payable pursuant to s. 201.22 F.S., have been paid. Any and all assets of the debtor whether now owned or hereafter acquired or arising. THE SECURED PARTY NAMED IN THIS RECORD IS ACTING IN A REPRESENTATIVE CAPACITY FOR PURPOSES OF FORWARDING NOTICES & INQUIRIES REGARDING THIS RECORD. FOR MORE INFORMATION, PLEASE CONTACT THE SECURED PARTY AT THE ADDRESS LISTED ABOVE OR AT UCCSPREP@CSCINFO.COM. ‘5. Check galy if applicabie and check anly one box: Collateral is 6a. Check only it applicable and check only one box: Manufactured-Home Transaction 7 ALTERNATIVE DESIGNATION (if applicable): 8. OPTIONAL FILER REFERENCE DATA: TA debtor is a Transmiting Consignee/Consignor FILING OFFICE COPY — UCC FINANCING STATEMENT (Form UCC1) (Rev. 04/20/1 1) held in @ Trust (see UCCIAd, item 17 and Instructions) being administered by a Decedent's Personal Representative ‘6b. Check only if applicable and check gniy one box Agricultural Lien Utility Seller/Buyer Non-UCC Filing Bailee/Bailor Licensee/icensor 113054615 ‘Corporation Save Company 2711 Conterile Ro, Sia. 400 Wimington, DE 19808,ondeck Covert Security Services, inc. 801 Northpoint Pky, Ste 128 West Palm Beach FL 33407 TRANSACTION HISTORY 03/09/2016 - 01/27/2017 General Questions Email: Phone: 1-888-269-4246 Payment Questions Email: Phone: 1-868-904-6603. Available online at ondeck conviogin Transaction __ tip ate ate Cleared Date vee 16740433 11/30/2016 11/30/2016 Write Off 16074785 10/28/2016 10/28/2016 Payment Error 15974417 10/25/2016 10/28/2016 Loan Payment 15966990 10/24/2016 10/27/2016 —_Late Fee Completed Completed Error Error Beginning Remaining lance Amount Principal Interest Fees $0.00 $16,169.64 $2,961.66 $0.00 $19,131.30 ‘Adjustment r: 2016-10-25 $330.00 $18,801.30 $19,131.30 $234.43 ‘$95.57 $0.00 (15974417) Account Closed $330.00 $19,131.30 $18,801.30 $234.43 ($95.57 $0.00 ‘Account $10.00 $19,131.30 $19,131.30 $0.00 $0.00 $10.00 ClosedMEDIA - Transaction ___ Satip Initlated Date Cleared Date __pe 18405354 09/23/2016 09/28/2018 —_Late Fee 14795859 08/23/2016 08/26/2016 Late Fee 14796616 08/23/2016 08/23/2016 Payment Error 14796617 08/23/2016 08/23/2016 Payment Error 14777210 08/22/2016 08/22/2016 Payment Error 14751310 08/19/2016 08/19/2016 Payment Error 14728741 08/18/2016 08/23/2016 Loan Payment 14728740 08/18/2016 08/23/2016 Loan Payment Returned 14731994 08/8/2016 08/29/2018 py owiree 14732390 08/18/2016 08/18/2016 Payment Error 14713277 08/17/2016 08/17/2016 Payment Error Completed ‘Completed Completed Completed Error Error Error Completed Completed Adjustment for: 2016-08-18 (14728740) Adjustment for: 2016-08-18 (14728741) ‘Adjustment for: 2016-08-17 (14692716) ‘Adjustment for: 2016-08-16 (14665882) ‘Account Frozen Account Frozen ‘Account Frozen Adjustment for: 2016-08-15 (14647018) Adjustment for: 2016-08-12 (14623878) Amount $10.00 $10.00 $131.94 $131.96 $131.96 $131.96 $131.94 $131.94 $26.00 $131.94 $131.94 Beginning Balance $19,131.30 $18,867.42 $18,867.42 $18,999.36 $18,735.48 $18,603.54 $18,603.54 $18,735.48 $18,471.60 $18,471.60 $18,603.54 Remaining Balance $19,131.30 $18,867.42 $18,999.36 $19,131.30 $18,867.42 $18,735.48 $18,471.60 $18,603.54 $18,471.60 $18,603.54 $18,735.48 Principal $0.00 $0.00 $93.77 $93.55 $93.99 $94.22 $94.44 $94.22 $0.00 994.44 $94.22 Interest $0.00 $0.00 $38.17 $38.39 $37.95 $37.72 $37.50 $37.72 $0.00 $37.50 $97.72 $10.00 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25.00Transaction 14892716 14865882 14647018 14623878 14602043 14570520 14543553 14528910 14499986 14481271 14448076 14421087 14394983 14371008 14351668 14318886 14292570 14273991 14248994 14231748 14198451 14172018 MEDIA- Initiated Date Cleared Date Type Status Error Amount Beginning Remaining 08/17/2016 08/22/2016 Loan Payment Error AUN $431.94 $18,795.48 $18,603.54 08/16/2016 08/19/2016 Loan Payment Error insuttctett $131.94 $18,867.42 $18,735.48 08/15/2016 08/18/2016 Loan Payment Emor ‘nsuiclent 191.94 $18,990.98 $18,807.42 08122016 08/17/2016 Loan Payment Eror ("suiiclen $131.94 $19,191.30 $18,990.96 08/11/2016 08/11/2016 Loan Payment Completed $131.94 $19,263.24 $19,131.30 08/10/2016 08/10/2016 Loan Payment Completed $131.94 $19,395.18 $19,263.24 08/09/2016 08/09/2016 Loan Payment Completed $131.96 $19,527.12 $19,395.18 (08/08/2016 08/08/2016 Loan Payment Completed $131.96 $19,659.06 $19,527.12 08/05/2016 08/08/2016 Loan Payment Completed $131.94 $19,791.00 $19,659.06 08/04/2016 08/04/2016 Loan Payment Completed $191.94 $19,922.94 $19,791.00 08/03/2016 08/03/2016 Loan Payment Completed $131.94 $20,054.88 $19,922.94 (08/02/2016 08/02/2016 Loan Payment Completed $131.94 $20,186.82 $20,054.88, 08/01/2016 08/01/2016 Loan Payment Completed $131.94 $20,318.76 $20,196.82 0772912016 07/29/2016 Loan Payment Completed $131.94 $20,450.70 $20,318.76 07/28/2016 07/28/2016 Loan Payment Completed $191.94 $20,582.64 $20,450.70 077272016 07/27/2016 Loan Payment Completed $131.94 $20,714.58 $20,582.64 07/26/2016 07/26/2016 Loan Payment Completed $131.94 $20,846.52 $20,714.58 07/25/2016 07/25/2016 Loan Payment Completed $191.94 $20,978.46 $20,848.52 07/22/2016 07/22/2016 Loan Payment Completed $131.94 $21,110.40 $20,978.46 07/21/2016 07/21/2016 Loan Payment Completed $191.94 $21,242.34 $21,110.40 0772072016 07/20/2016 Loan Payment Completed $191.94 $21,374.28 $21,242.34 07/19/2016 07/19/2016 Loan Payment Completed $131.94 $21,506.22 $21,374.28 Principal 904,22 $93.99 $93.77 $93.55 $93.33 $93.11 $92.89 $02.67 $02.45 $92.23 $92.01 $91.79 $91.57 $91.35 sort4 $90.93 $90.71 $90.50 $90.28 $90.07 $80.85 $89.64 Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ‘$0.00 ‘$0.00MEDIA - Transaction intiated Date Cleared Date Type Status Error Amount Begiinnng Remaining 14154237 O7/18/2016 07/18/2048 Loan Paymen Compieted $131.94 $21,638.16 $21,506.22 14064699 07/15/2016 07/15/2016 Loan Payment Completed $191.96 $21,770.10 $21,638.16 14044249 07/4/2016 07/14/2016 Loan Payment Completed $131.96 $21,902.04 $21,770.10 14013608 07/19/2016 07/19/2016 Loan Payment Completed $131.94 $22,033.98 $21,902.04 19987697 07/12/2016 07/12/2016 Loan Payment Completed $191.94 $22,165.92 $22,033.08 19969465 07/11/2016 07/11/2016 Loan Payment Completed $131.94 $22,207.86 $22,165.92 13947149 07/08/2016 07/08/2016 Loan Payment Completed $131.94 $22,420.80 $22,207.86 13928097 07/07/2016 0707/2016 Loan Payment Completed $191.94 $22,581.74 $22,429.80 13895687 07/06/2016 07106/2016 Loan Payment Completed $131.94 $22,693.68 $22,561.74 13870419 07/05/2016 07/08/2016 Loan Payment Completed $191.94 $22,825.62 $22,603.68 13839119 07/01/2016 07/01/2016 Loan Payment Completed $131.94 $22,957.56 $22,825.62 19816615 06/90/2016 06/30/2016 Loan Payment Completed $191.94 $23,089.50 $22,957.56 13788934 06/29/2016 06/29/2016 Loan Payment Completed $131.94 $23,221.44 $29,089.50 19764859 06/28/2016 08/28/2016 Loan Payment Completed $191.94 $23,953.38 $23,221.44 13747168 06/27/2016 06/27/2016 Loan Payment Completed $191.94 $23,485.32 $23,353.38 19728708 06/24/2016 06/24/2016 Loan Payment Completed $191.94 $23,617.26 $23,485.32 13701717 06/29/2016 06/29/2018 Loan Payment Completed $191.96 $23,749.20 $23,617.28 19673464 06/22/2016 06/22/2016 Loan Payment Completed $131.94 $23,081.14 $23,749.20 19648115 06/21/2016 06/21/2016 Loan Payment Completed $191.94 $24,013.08 $23,881.14 13627667 06/20/2016 06/20/2018 Loan Payment Completed $131.94 $24,145.02 $24,013.08 19605358 06/17/2016 08/17/2016 Loan Payment Completed $191.94 $24,276.96 $24,148.02 13592476 06/16/2016 06/16/2016 Loan Payment Completed $131.94 $24,408.90 $24,276.96 19560196 06/15/2018 06/18/2016 Loan Payment Completed $191.94 $26,540.84 $24,408.90 Principal "$88.49 $99.22 $39.01 $88.79 $88.58 $88.37 $88.17 $87.96 $87.75 $87.54 $87.33 $87.13 $86.92 $86.71 $86.51 $86.30 $86.10 $85.90 $85.69 $85.49 $85.29 $85.08 $84.88 Interest $42.51 $42.72 $42.93 $43.15 $43.36 $43.57 $43.77 $43.98 $44.19 $44.40 $44.61 $44.81 $45.02 $45.23, $45.43 $45.64 $45.84 $46.04 $46.25 $48.45 $46.65 $46.86 $47.06 Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00_MEDIA Transaction iniated Date Cleared Date Type 19595751 06/14/2016 06/14/2016 Loan Payment 13513740 06/13/2016 06/13/2016 Loan Payment 13496087 06/10/2016 06/10/2016 Loan Payment 13474422 06/09/2016 06/09/2016 Loan Payment 13446398 — 06/08/2016 ~—_ 06/08/2016 Loan Payment 13418524 06/07/2016 06/07/2016 Loan Payment 13400436 06/06/2016 06/06/2016 Loan Payment 13379597 06/03/2016 06/03/2016 Loan Payment 13362207 06/02/2016 06/02/2016 Loan Payment 13324632 06/01/2016 06/01/2016 Loan Payment 13302152 05/31/2016 05/31/2016 Loan Payment 13276030 05/27/2016 08/27/2016 Loan Payment 13259624 05/26/2016 + —_ 05/26/2016 Loan Payment 13231160 08/25/2016 08/25/2016 Loan Payment 13202476 05/24/2016 05/24/2016 Loan Payment 13185286 08/23/2016 08/23/2016 Loan Payment 13167768 05/20/2016 05/20/2016 Loan Payment 13150573 05/19/2016 05/19/2016 Loan Payment 13118328 = 05/18/2016 05/18/2016 Loan Payment 13095003 05/17/2016 05/17/2016 Loan Payment 13074721 05/16/2016 05/16/2016 Loan Payment 13054324 08/13/2016 08/13/2016 Loan Payment 13034791 05/12/2016 05/12/2016 Loan Payment Status Completed Completed Completed Completed Completed Completed ‘Completed Competed ‘Completed Completed ‘Completed Completed ‘Completed Completed Completed Completed Completed ‘Completed Completed ‘Completed Completed ‘Completed Completed Beginning Balance $24,672.78 $24,804.72 $24,936.68 $25,068.60 $25,200.54 $25,332.48 $25,464.42 $25,596.36 $25,728.30 $25,860.24 $25,992.18 $26,124.12 $26,256.06 $26,388.00 $26,519.94 $26,651.88 $26,783.82 $26,915.76 $27,047.70 $27,179.64 $27,311.58 $27,443.52 $27,578.46 Remaining Balance $24,540.84 $24,672.78 $24,804.72 $24,936.66 $25,068.60 $25,200.54 $25,332.48 $25,464.42 $25,596.36 $25,728.30 $25,860.24 $25,992.18 $26,124.12 $26,256.08 $26,388.00 $26,519.94 $26,651.88 $26,783.82 $26,915.76 $27,047.70 $27,179.64 $27,311.58 $27,443.52 Principal $84.68 $84.48 $84.28 $84.08 $83.88 $83.68 $83.49 $83.20 $83.09 $82.89 $82.70 $82.50 $82.31 $62.11 $81.92 $81.72 $81.53 $81.34 $81.14 $80.95 $80.76 $80.57 $80.38 Interest $47.26 $47.46 $47.66 $47.86 $48.08 $48.26 $48.45 $48.65 $48.85 $49.05 $49.24 $49.44 $49.63 $49.83 $50.02 $50.22 $50.41 $50.60 $50.80 $50.99 $51.18 $51.37 $51.56 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ‘$0.00 $0.00 $0.00 $0.00__MEDIA- Transaction initiated Date Cleared Date Type 13007878 05/1172016 08/11/2016 Loan Payment 12982220 08/10/2016 ~—_ 08/10/2016 Loan Payment 12965211 05/09/2016 05/09/2016 Loan Payment 12944991 05/06/2016 05/06/2016 Loan Payment 12925617 05/05/2016 +—_05/05/2016 Loan Payment 12881414 05/04/2016 + 05/04/2016 Loan Payment 12857056 05/03/2016 08/03/2016 Loan Payment 12822511 05/02/2016 05/02/2016 Loan Payment 12780240 04/29/2016 04/29/2016 Loan Payment 12763671 04/28/2016 04/28/2016 Loan Payment 12731465 04/27/2016 04/27/2016 Loan Payment 12708219 04/26/2016 04/26/2016 Loan Payment 12693477 04/25/2016 04/25/2016 Loan Payment 12675474 = 04/22/2018 += 04/22/2016 Loan Payment 12657683 04/21/2018 04/21/2016 Loan Payment 12624868 © 04/20/2016 04/20/2016 Loan Payment 12603991 04/19/2016 04/19/2016 Loan Payment 12587319 04/18/2016 04/18/2016 Loan Payment 12568506 04/15/2016 04/15/2016 Loan Payment 12551661 04/14/2016 04/14/2016 Loan Payment 12522930 04/13/2016 04/13/2016 Loan Payment 12498396 04/12/2016 04/12/2016 Loan Payment 12481332 04/11/2016 04/11/2016 Loan Payment Completed Completed Completed Completed Completed Completed ‘Completed Completed ‘Completed Completed ‘Completed Completed Completed Completed ‘Completed Completed Completed Completed ‘Completed Completed ‘Completed Completed ‘Completed Beginning — Remaining Balance "Balance $27,707.40 $27,575.46 $27,839.34 $27,707.40 $27,971.28 $27,839.34 $28,103.22 $27,971.28 $28,235.16 $28,103.22 $28,367.10 $28,235.16 $28,499.04 $28,367.10 $28,630.98 $28,499.04 $28,762.92 $28,630.98 $28,894.86 $28,762.92 $29,026.80 $28,894.86 $29,158.74 $29,026.80 $29,290.68 $29,158.74 $29,422.62 $29,290.68 $29,554.56 $29,422.62 $29,686.50 $29,554.56 $29,818.44 $29,686.50 $29,950.38 $29,818.44 $30,082.32 $29,950.38 $30,214.26 $30,082.32 $30,346.20 $30,214.26 $30,478.14 $30,346.20 $30,610.08 $30,478.14 $79.24 $79.05 $78.87 $78.68 $78.49 $70.31 $78.12 $77.94 $77.75 $77.57 $77.38 $77.20 $77.02 $76.84 $76.85 $76.47 $76.20 $76.11 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ‘$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Transaction 12469317 12444961 12418364 12391770 12377522 12354115 12337137 12308789 12282581 12267596 12250334 12234822 12207098 12182873 12162270 12149446 12133112 12105768 12072430 12056424 12038675 12038674 MEDIA - 04/08/2016 04/07/2016 04/06/2016 04/05/2016 04/04/2016 04/01/2016 03/31/2016 03/30/2016 03/29/2016 03/28/2016 03/25/2016 03/24/2016 03/28/2016 03/22/2016 03/21/2016 03/18/2016 03/17/2016 03/16/2016 03/18/2016 03/14/2016 03/11/2016 03/11/2016 ip Initiated Date Cleared Date Type 04/08/2016 Loan Payment 04/07/2016 Loan Payment oaio0%8 Lean Payment 04/05/2016 Loan Payment 04/04/2016 Loan Payment 0401/2016 Loan Payment 03/31/2016 Loan Payment 03/30/2016 Loan Payment 03/29/2016 Loan Payment 03/28/2016 Loan Payment 03/25/2016 Loan Payment 03/24/2016 Loan Payment 03/23/2016 Loan Payment 0272/2018 Loan Payment 021272018 Lean Payment 09/18/2018 Loan Payment 021172016 Lean Payment 09/8/2046 Loan Payment 03/15/2016 Loan Payment oa1142018 Lean Payment danse anaon 03/11/2016 Advance Status Compieted Completed Completed Completed ‘Completed Completed Completed ‘Completed Completed Completed Completed Completed ‘Completed Completed Completed Completed ‘Completed Completed Completed ‘Completed ‘Completed Completed Error = Amount $131.94 $131.96 $131.96 $131.94 $131.96 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.94 $131.96 $625.00 $24,375.00 Beginning Bal $30,742.02 $90,873.96 $31,005.90 $31,137.84 $31,269.78 $31,401.72 $31,533.66 $31,665.60 $31,797.54 $31,929.48 $32,061.42 $92,193.36 $32,325.30 $32,457.24 $92,589.18 $92,721.12 $32,853.06 $32,985,00 $33,116.94 $33,248.88 $33,248.88 $93,248.88 Remaining Balance $30,610.08 $90,742.02 $30,873.96 $31,005.90 $31,137.84 $31,269.78 $31,401.72 $31,533.68 $31,665.60 $31,797.54 $31,929.48, $32,061.42 $22,193.36 $32,325.30 $32,457.24 $92,589.18 $32,721.12 $92,853.08 ‘$32,985.00 $33,116.94 $33,248.88 $33,248.88 Principal Interest $56.01 ($56.19 $56.37 $56.55 $58.73 $56.90 ($57.08 $57.26 $57.44 $5761 $57.79 $57.96 $58.14 ($58.31 $58.49 $58.66 $58.04 $5901 $59.18 $59.36 $0.00 $0.00 Fees $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $625.00 $0.00MEDIA - Disclaimer: Due to the nature of ACH transactions, itcan take 24-48 business hours for an ACH transaction to clear your bank account.OnDeck> THANK YOU FOR BUSINESS LOAN AND SECURITY WORKING WITH US! AGREEMENT SUPPLEMENT LOAN AMOUNT $25,000 Dear Tad, Your Information ee Business Name: Covert Security Services, Inc. Owner Name: Tad Lamb Below is a summary of your loan details. Your Bank : PNC BANK, OHIO Routing number 041000124 Account number: *****3916 Congratulations on being approved for a small business loan with On Deck Capital, Inc.! We want to thank you for this opportunity to help your business grow. BUSINESS INFOR OWNER INFO! Covert Security Services, Inc. Tad Lamb 801 Northpoint Pky, Ste 128 14861 Driftwater Dr West Palm Beach FL, 33407 Winter Garden, FL 33407 “4015 4936 This Business Loan and Security Agreement Supplement is part of (and incorporated by reference into) the Business Loan and Security Agreement. Borrower should keep this important legal document for Borrower's records. Borrower Covert Security Services, Inc. Lender On Deck Capital, Inc. Loan Amount $25,000 Origination Fee (Deducted at time of disbursement) $625.00 Disbursement Amount (Loan Amount Jess Origination Fee. less any principal amount owed to $24,375.00 Lender from an existing loan or any amount used to pay off an existing obligation owed to a third Party lender) DAILY Payment Amount(Business days only) $131.94 Number of DAILY Payments (Business days only) 252 Payment Schedule 252 payments of $131.94 due each Business day. ("Business day” means any Monday through Friday, except for Federal Reserve holidays) Interest Expense Multiplier (Total Repayment Amount divided by the Loan Amount. This reflects 1.33 per dollar interest cost of the loan) Total Interest Expense (Does not include any Fees) $8,248.68 Total Repayment Amount $33.2. (Loan Amount plus Total interest Expense) 48.88MEDIA - "Prepayment Interest Reduction Percentage” of 25% (with respect Pi ment to unpaid interest remaining on this loan) will be applied to the extent . Prepay’ a that the Borrower prepays this Loan in whole in accordance with, and f th (See Section 10 of the nen ‘Sey Security Agreement for | siect to, Section 10 of the Business Loan and Security Agreement. Note that 75% of remaining unpaid interest will still be due upon prepayment. Remaining unpaid interest on this Loan will be eligible to be forgiven by Lender if: (i) Borrower is current on its scheduled payments with Renewals respect to this Loan and, (ii) while this Loan is outstanding, Borrower enters into a business loan and security agreement for a new qualifying term loan with Lender, a portion of the proceeds of which is used to repay this Loan in whole. Returned Payment Fee: $25.00 Other Fees Late Fee: $10.00 (maximum $50 within any 20 day period) PRICING METRIC METRIC. | APPLIED To EXPLANATION OF METRIC CALCULATION OF METRIC YOUR LOAN TotalLoan | 55 a73.99 The total amount that you will pay in Total Interest Expense + Origination Fee. Cost _— interest and origination fees. With respect to your Loan: $8,248.88 + $625.00 = $8,873.88 Cents on the 86 For each dollar borrowed, the amount of | 'l! Interest pense + Loan Doles Bornean as Cents of Dollar interest that will need to be repaid. p . With respect to your Loan: $8,248.88 + $25,000.00 = 33¢ The total amount of interest that you will Pay as a percentage of the amount Total Interest borrowed. Total Interest Expense + Loan Amount (Expressed as a Percentage 33% Note that the TIP is not annualized, and Percentage). (TIP) therefore use caution in comparing to loans expressed in annualized terms or with terms of different durations. With respect to your Loan: $8,248.88 + $25,000.00 = 33% Lender uses a system of risk-based pricing to determine interest charges and fees. Risk-based pricing is a system that evaluates the risk factors of your application and adjusts the interest rate up or down based on this Loan Pricing Disclosure | ‘5 evaluation. ahough Lender believes that is loan process provides expedited turnaround time and efficient access to capital, this loan may be a higher cost loan than loans that may be available through other lenders. The proceeds of the requested Loan may solely be used for the specific purposes as set forth in the Use of Proceeds Certification of the Business Loan and Security Agreement. IN ADDITION, THE LOAN WILL NOT BE Loan For Specific USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. Borrower understands that Borrower's Purposes Only agreement not to use the Loan proceeds for personal, family or household purposes means that certain important duties imposed upon entities making loans for consumer/personal purposes, and certain important rights conferred upon consumers, pursuant to federal or state law will not apply to this transaction. If you have any questions, please call us at (888) 828-5717 (we have support available Monday - Friday 8am - 8pm EST and Saturdays 8:30am - 5:30pm EST) or email support@ondeck.com.MEDIA - — Business Loan and Security Agreement 1. INTRODUCTION This Business Loan and Security Agreement (together with the accompanying Business Loan and Security Agreement Supplement and the accompanying Authorization Agreement for Direct Deposit (ACH Credit) and Direct Payments (ACH Debits), this “Agreement’) governs your business loan (‘Loan’) from On Deck Capital, Inc. Please read it and keep it for your reference. In this Agreement, the words “you,” “your” and “Borrower” mean the Borrower identified on the signature page of this Business Loan and Security Agreement. Each Guarantor identified on the signature page of this Business Loan and Security Agreement shall be referred to individually as “Guarantor” and collectively as “Guarantors” in this Agreement. The words “Lender”, “we”, “us”, and “our” mean On Deck Capital, Inc. or its successor(s) and assign(s). 2. EFFECTIVE DATE. This Agreement begins on the date we accept this Agreement in Virginia. Borrower understands and agrees that Lender may postpone, without penalty, the disbursement of amounts to Borrower until all required security interests have been perfected and Lender has received all required personal guarantees or other documentation. 3. AUTHORIZATION. Borrower agrees that the Loan made by Lender to Borrower shall be conclusively deemed to have been authorized by Borrower and to have been made pursuant to a duly authorized request on its behalf. 4, LOAN FOR SPECIFIC PURPOSES ONLY. addition, the Loan will not be used for personal, family or household purposes. Borrower understands that Borrower's agreement not to use the Loan proceeds for personal, family or household purposes means that certain important duties imposed upon entities making loans for consumer/personal purposes, and certain important rights conferred upon consumers, pursuant to federal or state law will not apply to the Loan or the Agreement. Borrower also understands that Lender will be unable to confirm whether the use of the Loan conforms to this section. Borrower agrees that a breach by Borrower of the provisions of this section will not affect Lender's right to (i) enforce Borrower's promise to pay for all amounts owed under this Agreement, regardless of the Purpose for which the Loan is in fact obtained or (ii) use any remedy legally available to Lender, even if that remedy would not have been available had the Loan been made for consumer purposes. 5. DISBURSEMENT OF LOAN PROCEEDS AND MAINTENANCE OF BORROWER'S BANK ACCOUNT. lf Borrower applied and was approved for a Loan, Borrower's Loan will be disbursed upon approval as provided in the accompanying Authorization Agreement for Direct Deposit (ACH Credit) andDirect Payments (ACH Debits). Borrower agrees to maintain Direct Payments (ACH Debits) in its operating account which is the account that was reviewed in conjunction with underwriting and approval of this Loan (including keeping such account open until the Total Repayment Amount had been completely repaid). 6. PROMISE TO PAY. Borrower agrees to pay Lender the Total Repayment Amount shown in the accompanying Business Loan and Security Agreement Supplement in accordance with the Payment Schedule shown in the accompanying Business Loan and Security Agreement Supplement. Borrower agrees to enroll in Lender’s Automatic Payment Plan and authorizes Lender to collect required payments as provided in the accompanying Authorization Agreement for Direct Deposit (ACH Credit) and Direct Payments (ACH Debits). If required by Lender, Borrower further agrees and authorizes Lender or its servicer to collect required payments from a transfer account established pursuant to certain Transfer Account Loan Documentation that will be provided by Lender in connection with this Business Loan and Security Agreement if applicable. 7. ALTERNATIVE PAYMENT METHODS. If Borrower knows that for any reason Lender will be unable to process a payment under Lender's Automatic Payment Plan, then Borrower must either restore sufficient funds such that the missed payment can be collected as provided in the accompanying Authorization Agreement for Direct Deposit (ACH Credit) and Direct Payments (ACH Debits), or promptly mail or deliver a check to Lender in the amount of the missed payment or, if offered, make the missed payment by any pay-by- phone or on-line service that Lender may make available from time to time. If Borrower elects to send payments on Borrower's Account by postal mail, then Borrower agrees to send such payments to On Deck Capital, 901 N Stuart St, Suite 700, Arlington, VA 22203, Attn: Director of Operations. All alternative payments must be made in good funds by check, money order, wire transfer, automatic transfer from an account at an institution offering such service, or other instrument in U.S. Dollars. Borrower understands and agrees that payments made at any other address than as specified by Lender may result in a delay in processing and/or crediting. If Borrower makes an alternative payment on Borrower's Loan by mail or by any pay-by-phone or on-line service that Lender makes available while Borrower is enrolled in the Automatic Payment Plan, Lender may treat such payment as an additional payment and continue to process Borrower's scheduled Automatic Payment Plan payments or may reduce any scheduled Automatic Payment Plan payment by the amount of any such additional payment received. 8. APPLICATION OF PAYMENTS. Subject to applicable law, Lender reserves the right to allocate and apply payments received on Borrower's Loan between principal, interest and fees in any manner Lender chooses in Lender's sole discretion, it being understood and agreed that any fees and interest will generally be paid during the earlier portion of the term. 9. POSTDATED CHECKS, RESTRICTED ENDORSEMENT CHECKS AND OTHER DISPUTED OR QUALIFIED PAYMENTS.MEDIA - Lender can accept late, postdated or partial Payments without losing any of Lender's rights under this Agreement (a postdated check is a check dated later than the day it was actually presented for payment). Lender is under no obligation to hold a postdated check and Lender reserves the right to process every item presented as if dated the same date received by Lender or Lender’s check Processor unless Borrower gives Lender adequate notice and a reasonable opportunity to act on it. Except where such notice and opportunity is given, Borrower may not hold Lender liable for depositing any postdated check. Borrower agrees not to send Lender partial payments marked “paid in full,” “without recourse,” or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender’s rights under this Agreement. All notices and written communications concerning postdated checks, restricted endorsement checks (including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount) or any other disputed, nonconforming or qualified payments, must be mailed or delivered to On Deck Capital, Client Service, 901 N Stuart St, Suite 700, Arlington, VA 22203, Attn: Director of Operations. 10. PREPAYMENT. Borrower may prepay Borrower's Loan in whole on any Business day by paying Lender the sum total of the Total Repayment Amount, any Returned Payment Fees, and any Late Fees, in each case as described in the accompanying Business Loan and Security Agreement Supplement less (i) the amount of any Loan payments made prior to such prepayment and (ii) the product of (x) the Percentage identified as the applicable Prepayment Interest Reduction Percentage in the accompanying Business Loan and Security Agreement Supplement; and (y) the aggregate amount of unpaid interest remaining on the Borrower's Loan as of such date as determined by Lender's records in accordance with Section 8. Borrower may prepay Borrower's Loan in part on any Business day and such payment shall be applied against the Total Repayment Amount, any Returned Payment Fees, and any Late Fees, in each case as described in the accompanying Business Loan and Security Agreement Supplement. 11. SECURITY INTEREST. Borrower hereby grants to Lender, the secured party hereunder, a continuing security interest in and to any and all “Collateral” as described below to secure payment and performance of all debts, liabilities and obligations of Borrower to Lender hereunder and also any and all other debts, liabilities and obligations of Borrower to Lender of every kind and description, direct or indirect, absolute or contingent, primary or secondary, due or to become due, now existing or hereafter arising, related to the Loan described in this Agreement, whether or not contemplated by the parties at the time of the granting of this security interest, regardless of how they arise or by what agreement or instrument they may be evidenced or whether evidenced by any agreement or instrument, and includes obligations to perform acts and refrain from taking action as well as obligations to pay money including, without limitation, all interest, other fees and expenses (all hereinafter called “Obligations”). The Collateral includes the following property that Borrower (or Guarantor, if applicable, pursuant to Section 12) now owns or shall acquire or create immediately upon the acquisition or creation thereof: (i) any and all amounts owing to Borrower now or in the future from any merchant processor(s) processing charges made by customers of Borrower via credit card or debit card transactions; and (ii) all other tangible and intangible personal property, including, but notMEDIA- limited to (a) cash and cash equivalents, (b) inventory, (c) equipment, (d) investment property, including certificated and uncertificated securities, securities accounts, security entitlements, commodity contracts and commodity accounts, (e) instruments, including promissory notes (f) chattel Paper, including tangible chattel paper and electronic chattel paper, (g) documents, (h) letter of credit rights, (i) accounts, including health care insurance receivables, (j) deposit accounts, (k) commercial tort claims, (I) general intangibles, including payment intangibles and software and (m) as extracted collateral as such terms may from time to time be defined in the Uniform Commercial Code. The security interest Borrower (or Guarantor, if applicab