Amended Complaint Filed No FeeCal. Super. - 6th Dist.August 29, 2019KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1QCV3541 86 Santa Clara - Civil Christopher A. Beyer, State Bar #213264 Elecuonically Filed Karen Etseu Lusis, State Bar #272739 by Superior Court of CA, Camryn P. Berk, State Bar #317565 County of Santa Clara, Thomas G. Wesch, State Bar #317624 on 2/28/2020 1:04 PM girlstme Slduguen, State Bar #240380 Reviewed By: L. Quach_Marce"aUSCH STURM 3 131 Camino Del Rio N., Suite 350 case #1 9CV3541 86 San Diego, CA 92108 Envelope: 4099626 Telephone: (877) 215-2552 Facsimile: (877) 396-4464 E-mail Address: LawfirmCA@rsieh.com Attorneysfor Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURT Galaxy International Purchasing, LLC, ) Case No.2 19CV354186 ) Plaintiff, ) FIRST AMENDED COMPLAINT ) FOR: vs. ) 1. BREACH OF CONTRACT ) (Rule 3.740 Collections) KEN COSTA; ) 2. ACCOUNT STATED and DOES 1 through 10, inclusive, ) ) Defendants. ) PRAYER AMOUNT: $6,489.02 ) ) LIMITED CIVIL CASE Plaintiff Galaxy International Purchasing, LLC (“Plaintiff’) alleges the following facts as t0 all causes of action as follows: 1. Plaintiff is qualified t0 d0 business in California. 2. This Court is proper for this action because Plaintiff is informed and believes that Defendant KEN COSTA is a resident within the jurisdictional boundaries of this Court. 3. Plaintiff is informed and believes that Defendant KEN COSTA and Defendants sued by the fictitious names DOES 1 through 10 (“Defendants”) are responsible for the alleged debt; however, Plaintiff is unaware 0f the true names and capacities of DOES 1 through 10 and Will seek leave of this Court to amend this First Amended Complaint when the true names and capacities have been ascertained. 4. Plaintiffbelieves that at all times mentioned herein, Defendants, and each 0fthem, were the FIRST AMENDED COMPLAINT 3813587 na KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agent, servant, employee, or employer, and acted in the capacity and as agent, 0f each and of the other Defendants. Plaintiff also believes that each of the Defendants is jointly and severally liable in that the actions were taken for the benefit 0f the Defendants' separate and/or community property. 5 . Pursuant t0 California Civil Code, section 1788.58, subsection (a)( 1), Plaintiffis a debt buyer as defined by California Civil Code, section 1788.50, subsection (a). 6. Pursuant to California Civil Code, section 1788.58, subsection (a)(2), Plaintiff is seeking t0 recover the amount 0f $6,489.02 from Defendants. This is the past-due balance 0n a loan 0r borrower agreement, which was obtained and used by Defendants in exchange for value received from the original creditor, WebBank, with the original account number ending in ****9127 (the "Account"). Thereafter, WebBank assigned the Account t0 LC Trust I. The amount due is the result 0f loan proceeds and/or goods accepted by Defendants that have not been repaid as agreed and, upon information and belief, were for personal, family, 0r household purposes. 7. Pursuant to California Civil Code, section 1788.58, subsection (a)(3), Plaintiff is the sole owner 0f the obligation sued upon. Attached hereto and incorporated herein by reference as Exhibit 1 is a true and correct copy 0fthe Bill 0f Sale(s). The account was purchased by the Plaintiffon 0r around January 3 1 , 20 1 9. 8. Pursuant t0 California Civil Code, section 1788.58, subsection (a)(4), the Account balance at the time of charge-off was $7,164.69. 9. Plaintiff is not seeking post charge-offinterest or fees (not including the court costs that may be incurred pursuant t0 California Code of Civil Procedure, section 1033.5). However, in accordance With California Civil Code, section 1788.58, subsection (a)(4), the following is an explanation ofthe amount that Plaintiff is seeking to recover: 2 FIRST AMENDED COMPLAINT 3813587 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Charge-off Balance $7,164.69 Total post Charge-off Interest $0.00 Total Post Charge-off Fees $0.00 Total Post Charge-off Credits/Payments ($675.67) 10. Pursuant t0 California Civil Code, section 1788.58, subsection (a)(5), Plaintiff alleges that the date 0f the last payment was March 3 1 , 2017. Attached hereto and incorporated herein by reference as Exhibit 2 is a true and correct copy 0f a transaction history for Defendants‘ Account. 11. Pursuant to California Civil Code, section 1788.58, subsection (a)(6), Plaintiff alleges that the name 0fthe creditor at the time ofcharge-offwas LC Trust I. On information and belief, Plaintifffurther alleges that an address used by LC Trust I at the time of charge-offwas 71 STEVENSON ST. SUITE 300, SAN FRANCISCO, CA 94 1 05 . At the time 0f charge-off, the redacted account number associated with this debt was ****9127. 12. Pursuant t0 California Civil Code, section 1788.58, subsection (a)(7), Plaintiff alleges that the name 0f the debt0r(s) as it appears in the records 0f LC Trust I is KEN COSTA and the last known address as it appeared in the records 0f LC Trust I is 483 LA CONNER DRIVE #3, SUNNYVALE, CA 94087. 13. Pursuant t0 California Civil Code, section 1788.58, subsection (a)(8), Plaintiff is informed and believes that the name and address of all post charge-off purchasers 0f the Account are as follows: a. GALAXYINTERNATIONALPURCHASING, LLC, 200 GALLERIAPKWY, SUITE 1900, ATLANTA GA 30339. 14. Pursuant to California Civil Code, section 1788.58, subsection (a)(9), Plaintiff alleges that it has complied with the provisions of Civil Code, section 1788.52. 15. Pursuant to California Civil Code, section 1788.58(b), attached hereto and incorporated herein by reference as Exhibit 3 is a true and correct copy of the contract 0r agreement 0r a copy 0f a 3 FIRST AMENDED COMPLAINT 3813587 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 statement recording a purchase transaction, last payment, 0r balance transfer as required by California Civil Code, section 1788.52, subsection (b). 16. Before filing this suit, all rights, title and interest t0 the Account were sold and assigned t0 Plaintiff. Plaintiff owns the Account and is entitled t0 collect 0n the Account as if it were the original creditor. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor or its assigns, references herein to Plaintiffmay include Plaintiffs predecessor-in-interest. 1 7. Before commencement ofthis action, Plaintiffinformed Defendant in writing that it intended to file this action and that this action could result in ajudgment against Defendant that would include court costs allowed by California Code of Civil Procedure, section 1033, subsection (b)(2). FIRST CAUSE OF ACTION - (Breach 0f Contract) 18. Plaintiff realleges and incorporates by reference all of the foregoing paragraphs. 19. Defendants explicitly or impliedly entered into a contract with the original creditor where it was agreed that by Defendants' receipt ofloan proceeds and/or goods, Defendants would be indebted based on the terms of the loan 0r borrower agreement. 20. Defendants' acceptance ofthe loan proceeds and/or goods constituted Defendants' acceptance 0fthe terms of the loan 0r borrower agreement, and by these terms, Defendants agreed t0 repay the balance due and to pay interest 0n the unpaid balance, late charges, and other fees associated With the account. 21. A11 duties, obligations, and conditions owed to Defendants have been duly performed by Plaintiff or by Plaintiff‘s assign0r(s). 22. Within the statutory period, Defendants breached the loan by failing t0 repay the amounts due. 23. Defendants, and each ofthem, have failed and have refused t0 pay Plaintiffthe sum now due and owing, despite Plaintiff‘s demand for payment, and thus, are in breach of the agreement. 4 FIRST AMENDED COMPLAINT 3813587 \DOONO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. As the direct and proximate result of Defendants' breach, Plaintiff has been damaged in the amount 0f $6,489.02. SECOND CAUSE 0F ACTION - (Account Stated) 25. Plaintiff realleges and incorporates by reference all 0f the foregoing paragraphs. 26. Defendants opened, used, and derived benefit from the Account through Defendants' own use of the loan proceeds and/or goods, or by another's use at Defendants' direction. By using the loan proceeds, Defendants expressly agreed 0r impliedly promised t0 repay Plaintiff. 27. Within the past four years, Defendants became indebted 0n the Account to Plaintiff in the sum 0f $6,489.02 on an account stated in writing by and between Plaintiff or Plaintiff‘s assignor(s) and Defendants in which it was agreed that Defendants were indebted t0 Plaintiff. 28. Regular billing statements were mailed t0 Defendants listing the charges, fees, credits, and final amount due. Plaintiff has no record of Defendants timely obj ecting to the statements after receipt. 29. Plaintiff has made demand upon Defendants for repayment 0f the account stated; however, Defendant has failed t0 satisfy the balance due. 30. As of the date of this First Amended Complaint, there is due and owing the unpaid sum of $6,489.02. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1. For the unpaid principal balance 0f $6,489.02; 2. For post-judgment interest at the statutory rate; 3. For costs 0f suit; 4. For such other relief as the Court may deem just and proper. DATED: 02/12/2020 .“C “ a Camryn P. Berk Attorneys for Plaintiff 5 FIRST AMENDED COMPLAINT 3813587 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 3813587 DocuSign Envelope ID: D9C1BF25-CCFE-4SCE-QQEA-D245FEBA7ACE ACCOUNT PURCHASE PACKAGE SELLER: LendingClub Corporation AND BUYER: Galaxy International Purchasing, L-LC BUYER INFORMATION: ADDRESS: 200 Galleria Parkway, Suite 1900, Atlanta, GA 30339 TELEPHONE N0.: _ DocuSign Envelope ID: D9C1BF25-CCFE-4SCE-QQEA-D245FEBA7ACE LENDING CLUB -GALAXY INTERNATIONAL PURCHASING, LLC CLOSING STATEMENT Lot Number: Number of Accounts: Unpaid Balance: Purchase Price Percentage: Purchase Price ($) Buyer Fee: Total Amount Due at Closing: Cut Off Date: Funding Date: Closing Date: Terms: Bank Name: ABA Number: Beneficiary: Beneficiary Account Number: Reference: 196 3,908 $39,668,367.04 5.85% $2,320,599.47 $46,411.99 (2% 0f Purchase Price) $2,367,01 1 .46 January 28, 2019 January 31, 2019 January 31, 2019 Wire Transfer Funds per Wire Instructions Below: First National Bank in Staunton Attn: Wire Department 115 South Elm Street Staunton, IL 62088 mow National Loan Exchange Inc. Trust Account 10 Sunset Hills Professional Centre Edwardsville, |L 62025 Please include your lot number and company name. Wires received after 1 :00 pm Central will be processed the next business day. DocuSign Envelope ID: D901BF25-CCFE-4SCE-99EA-D245FEBA7ACE Bill 0f Sale LendingClub Comoration, a Delaware corporation (“LendingClub”) and Galaxy International Purchasing, LLC. a Nevada limited liability company (“Buyer”), by execution 0fthis bill 0f sale (this “Bill 0f Sale”) on behalfofthe Investors (as defined below), transfers to Buyer the Accounts in accordance with the tenns 0f this Bill 0f Sale. The following terms shall have the meanings set fonh below: "Accounts" means cefiain charged-off consumer loan receivables sold by Investors, with such sale being facilitated by LendingClub, and purchased by Buyer under this Bill 0f Sale. “Account Data File“ means the electronic data file identifying the Accounts t0 be delivered t0 Buyer on the Delively Date, describing with specificity each 0fthe Accounts. “Account Schedule” means the schedule describing any Account p001 including the Account Data File describing with Specific detail each such Account. “Business Day” means a day that is not a Saturday‘ Sunday or legal bank holiday recognized by the United States Federal Government, “Closing Date” means the date (0r, if such date is not a Business Day, the next Business Day) 0n which LendingClub will sell and Buyer will purchase Accounts “Delivery Date” means the date (0r, if such date is not a Business Day, the next Business Day) 0n which LendingClub 0r LendingClub’s agent will deliver t0 Buyer the Account Data File “Investor” means an Account-holding individual 0r entity investor selling its Accounfls) through LendingClub and this Bill OfSale. For value received, the Investors referenced in the data file named L0t196fi11aldata.xls hereby transfefis), 5611(5), conveys{s), granfls), and deliver(s) t0 Buyer, its successors and assigns, without recourse except as explicitly agreed t0 between LendingClub and Buyer t0 the extent 0f its ownership, the Accounts as set forth in the Account Schedule delivered by LendingClub t0 Buyer 0n the Closing Date. On January 3 1, 2019, the Closing Date, each Investor will sell (01‘ cause t0 be sold) a p001 0f Accounts held by such Investors and described in the Account Schedule provided with this Bill 0f Sale. LendingClub represents and warrants that each 0fthe undersigned Investors has executed a limited power 0f attorney between such Investor and LendingClub wherein a designated power is for LendingClub t0 act as attomey-in-fact for such Investor and t0 execute this Bill 0f Sale 0n behalfof such Investor and take any action and execute any instruments 0r documents that LendingClub may deem reasonably necessary 0r advisable in connection with the transfers contemplated thereby. DATED: January 3 1, 2019 SELLER: LC TrustI By: mfigLUB CORPORATION as Administrator Name Egg??? ?zfigdon Pace Title: Intefim General Counsel DocuSign Envelope ID: D901BF25-CCFE-4SCE-99EA-D245FEBA7ACE SELLER: LendingClub Corporation Dyusigned by: Namw‘aflgfiHMn Pace Title: Interim General Counsel SELLER: ACL Consumer Loan Trust III By: LENDINGCLUB CORPORATION as attomey-ln-tact Dyusigned by: B)[: /%M Na Wiff’fi‘lffif‘Bi‘tlhdon Pace Title: Intefim General Counsel SELLER: Consumer Lending Receivables Trust 2016-A By: LENPomlggglflpB CORPORATION, as attomey-in-fact By: /Z Nama-nnfiq2%?50113011 Pace Title: Intenm Genelal Counsel SELLER: LendingClub Issuance Grantor Trust Series 2016-NP1 By: LENDINGCLUB CORPORATION, as attomey-in-fact DocuSigned by: By /%M Name ibmfipfififfimflmi Pace Title: Intenm Genelal Counsel SELLER: Webster Bank‘ N‘A, By: LENDINGCLUB CORPORATION, as afiomey-in-tact DocuSigned By: OZ éfl Name rvfifi‘ffiemfl’fib‘fi Pace Tltle: Intenm Genelal Counsel DocuSign Envelope ID: D901BF25-CCFE-4SCE-99EA-D245FEBA7ACE EXHIBIT I ACCOUNT SCHEDULE Lot N0. 196 Seller Type 0f Account Number 0f Accounts Unpaid Balance Purchase Price As 0f Date Percentage %) LendingClub Consumer Loan 3,908 $39,668,367.04 5.85% January 28, 201 9 Corporation Accounts AN ELECTRONIC ACCOUNT DATA FILE TITLED LOT]96fina/dafa.xls CONTAINING DETAILED ACCOUNT INFORMATION WLLL BE PROVIDED TO BUYER ON THE CLOSING DATE, LotNo AcctNo Name SSN Addressl Addressz City State Zip Phone WorkPh Lot196-9127 Ken Costa -¢1810 483 La Conner Drive #3 Sunnyvale CA 94087 DOB Email C0_Name Co_SSN Co_Addressl C0_Addre552 C0_City C0_State Co_Zip Co_Phone Co_DOB Interest Rate Issued Date LoanAmt Loan Term ChargeOffDate CO_Principa| Interest Balance Fee Balance 0.2499 8/28/2015 3:24:37 AM 11500 36 8/31/2017 10:08:09 PM 6489.02 675.67 0 PayoffAmt MNTH_1 MNTH_2 MNTH_3 MNTH_4 MNTH_5 PCO_PMT Post CO PmtAmt RPA LastPayDate LastPayAmt 7164.69 N O 457.2 3/31/2017 457.18 DELQ_ENTRY_DT Last PTP Date Ori FICO Current_F|CO Legal Name Prod_ID Prod Desc SCRA Flag |s_Joint_Loan 5/4/2017 4:16:00 AM 5/10/2017 10:25:52 AM_ LCTrustI 1004 Near Prime O false Cease Desist Flag ATTORNEY_REP Attorney_Name Attorney_Phone Attorney_Addressl Attorney_AddressZ Attorney_City 0 O Attorney_State Attorney_Zip Attorney_Comments Sale Month APR Loan Grade Phonel PhoneZ Phone3 Phone4 01/01/2019 0.28892 F Phone 5 Co_Ph0ne 1 Co_Phone 2 Co_Phone 3 Co_Phone 4 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 3813587 Loan Id:-127 LOAN SUMMARY Primary Borrower Contact Information Full Real Name: Screen Name: Email: Address: Home Phone: Cell orWoIk Phone: Loan Information Loan Issue Date: Original Loan Amount Principle Balance: Principle Balance Date: Loan Documents Ken Costa 6839 483 La Conner Drive #3 Sunnyvale, CA 94087 2f5f19 This is a copy of an authoritative document $6,4 81500. . Ii Document Name Dateftime Signed Document Version Borrower Ag reement Credit Score Nou‘cel e and C lnsent T 0L n ng r di P fieAuth r afion Ba kAc tVe afion 8l20l15 06 1:09 01 PM PDT 8l20l15 05 1:20 55 PM PDT tro i dDis 0 ures bitAu n'zati n LC_3EC_V15 Lc_3Ec_v3 N Q C E FPO) I mm IOIODI U< HM :UV The authoritative document is maintained by LendingClub Corporation and this copy was created Feb 05 201 9 09:07:59 This is a copy 0f an authoritative document Loan Agreement The following terms, together with your loan request 0n the Site, as defined herein, constitute a binding agreement (the “Agreemem”) between you (you and your 10 mean each and every borrower who executes this Agreement and related Note) and WebBank, a Utah-chartered industrial bank ('WBK," 'We," 0r "us"). BY ELECTRONICALLY SIGNING THE AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. Under this Agreement, you agree 10 receive and repay one 0r more installment loans from us, through the website lending platform a1 www.Lendingclub.com, including any subdomains thereof (the ”Site") operated by LendingClub Corporation, a Delaware corporation (“LendingClub”). These terms affect your rights and you should read them carefully and print a copy for your records. Your agreement t0 these terms means you agree t0 borrow and repay the money ifyour loan is funded under the terms ofmis Agreement, consent 10 our privacy policy, agree 10 transact with us electronically, and agree 10 have any dispute with us resolved by binding arbitration. 1. Loan Terms. Your loan will have a principal balance between $1,000 and $35,000 in the specific amount and 0n the terms set forth in the disclosures provided 10 you (see ' WWWounL/lmlmntenquac' . agree and acknowledge that the ' " Ily requested amounts. All loansinitial loan disclosures made t0 are unsecured, fuIIy-amortizin and other information provided your obligation 10 repay principal section 3 below. 2. Credit Decisions. Your loan request must include your annual income and such other information as we may obtain through the Site. We will consider public assistance, alimony, child support, 0r separate maintenance income as income ifyou choose t0 include such sources 0f income in your application and such income is likely 10 continue. We reserve the right t0 verify any information you submit by requiring you 10 produce appropriate documentation 0r other proof, and also reserve the right 10 conduct such verification through a third party. You hereby authorize us 10 IJan issue al 0r a LendingClub. You understand that Investors make their own decisions whether t0 commit funds for your loan. Finally, LendingClub may also choose 10 commit funds for all 0r part ofyour loan request but is n01 obligated t0 d0 so. We may elect in our sole discretion 10 give You a partial funding option, if necessary, which means your loan will be funded ifit receives commitments totaling less than the full amount ofyour requested loan (subject t0 the loan size minimum). ' y I Ifu o‘ ' You, your loan will ou I us i ' clion 10 terminate your be obligated t0 notify Ifyour loan is goi 1’6 close and issue loan request sufifi e fcrlh above..Q Ifwe extend a loan 10 you, you agree t0 execute by power ofattomey as described below, and be bound by the terms set forth in, the form 0f Funding ofyour Io-n you 0fthe date up- promissory note attached as Exhibit A (the "Note") as 10 your loan. You agree t0 execute multiple Notes ifwe request you d0 so, provided that the aggregate principal amounts 0f such Notes shall equal the total amount ofyour loan. LendingClub will execute your N0te(s) 0n your behalf pursuant 10 a power ofanomey you gram t0 LendingClub when registering your loan request. You authorize us t0 disburse the loan proceeds by Automated Clearing House ("ACH") transfer 10 your designated account 0r 0n your behalfto your selected designee. Following our disbursement 0fthe loan proceeds as set forth above, we will assign the N0te(s) and your loan t0 LendingClub. BY COMPLETING YOUR APPLICATION AND SUBMITTING YOUR LOAN REQUEST, YOU ARE COMMITTING TO OBTAIN A LOAN FROM US IN THE AMOUNT AND ON THE TERMS SET FORTH IN YOUR AGREEMENTS WITH WBK (OR ITS ASSIGNEES) AND THE DISCLOSURES PROVIDED TO YOU IN CONNECTION WITH YOUR REQUEST, SHOULD YOUR REQUEST BE FUNDED. YOU HAVE NO RIGHT TO RESCIND THE LOAN ONCE MADE BUT YOU MAY PREPAY THE LOAN AT ANY TIME WITHOUT PENALTY. We will not lend you any funds unless and until suficiem commitments are received from Investors and/or LendingClub. 4. Making Your Loan Payments. You authorize us and our successors and assigns 10 debit your designated account by ACH transfer for the amount 0f each payment due 0n each due date. You may elect t0 make payments by personal check by contacting support@lendingclubcom 0r by regular mail at LendingClub Corporation, 71 Stevenson St. Suite 300, San Francisco, CA94105, Attention: Loan Processing Department. Ifyou elect 10 make payments by check, you acknowledge and agree that there will be a $7 check processing fee per payment, subject t0 applicable law. Ifyou elect 10 make payments by check, you must send the check either (i) by regular mail t0 Lending Club Corporation, Dept #34268, PO. Box 39000, San Francisco, CA94139, 0r (ii) by overnight mail 0r UPS delivery t0 Wells Fargo Lock Box Services, Dept #34268, 3440 Walnut Ave, Window H, The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document Fremont, CA 94538. This authorization does n01 affect your obligation 10 pay when due all amounts payable 0n your loan, whether 0r not there are suficiem funds therefore in such accounts. The foregoing authorization is in addition t0, and not in limitation 0f, any rights ofsetofi we may have. With regard t0 payments made by automatic withdrawal, you have the right 10 stop payment ofaulomalic withdrawals 0r revoke your prior authorization for automatic withdrawals by notifying your financial institution at least three (3) banking days before the scheduled date 0f1ransfer. You must notify us ofme exercise ofyour right t0 stop a payment 0r revoke your authorization for automatic withdrawals a1 least three (3) banking days before the scheduled date 0ftransfer. All payments are 10 be applied first t0 the payment ofall fees, expenses and other amounts due (excluding principal and interest), then t0 accrued interest, and the balance 0n account 0f outstanding principal; provided, however, that after an Event 0f Default (as defined below), payments will be applied 10 your obligations as we determine in our sole discretion. 5. Other Borrower Obligations. You agree that y0u(A)are a US citizen permanent resident 0r Non-Permanent Resident Alien in the US 0n a valid long term visa and(B )will not in connection with your loan request: (i) make any false misleading 0r deceptive statements 0r omissions offacl in your listing, including but not limited 10 in the loan title, 0r in your loan description; (ii) misrepresent your identity, 0r describe, present 0r portray yourself as a person other than yourself; (iii) give 10 0r receive from, 0r offer 0r agree t0 give t0 0r receive from any LendingClub member 0r other person any fee, bonus, additional interest, kickback 0r thing ofvalue ofany kind except in accordance with the terms ofyour loan; (iv) represent -half; (v) provide, in your loan u ng decision may be made, such he existence ofalimony, child support, ification) 0r (vi) use any oflhe loan proceeds t0 fund any post-secon- . ' - ,Iuding but supplies, miscellaneous expenses, 0r room and board (see Section 472 0f i Llaw. comell r . terms- 1087ll&ur|-/uscode/htmlfuscodeZO/usc_sec_20_00001087--||000- .html for a complete list). You acknowledge and agree that we may rely without independent verification 0n the accuracy, authenticity, and completeness ofall information you provide t0 us. You certify that the proceeds 0f the loan will n01 be used for the purpose ofpurchasing 0r carrying any securities 0r t0 fund any illegal activity. 6. Fees. If your loan request results in an issued loan, you may be obligated to pay a non-refundable origination fee to the lender of any fee is stated in the disclosures provided to o and are available for our review in 0L_ unsuccessful payment fee will be assessed for each failed attempt. The bank that holds your designated account may assess its own fee in addition 10 the fee we assess. If Borrower‘ s payment is more than 15 days late, Lender may charge a late fee in an amount the greater 0f 5% 0fthe outstanding payment 0r $15, 10 the extent permitted by applicable law. Ifa payment is more than 30 days late, we shall charge such late fee. We will charge only one late fee 0n each late payment. These fees may be collected using ACH transfers initiated by us from your designated account. Any such late fee assessed is immediately due and payable. Any payment received afier 6:00 PM, Mountain time, 0n a banking day is deemed received 0n the next succe-dl .- banking I -y - efault“) ify ' . ely any amount due 0n s 0r related materials -m 0f Default, we may exercise all remedies available 10 us under applicable law, this Agreement, and the Note, including without limitation (l) demand that you immediately pay all amounts owed 0n your loan 0r (2) terminate this Agreement. Any loans you obtain prior 10 the effective date 0f termination resulting from listings you placed 0n the Site shall remain in full force and effect in accordance with their terms. 8. Liability of the Borrower and the Co-horrower is Joint and Several. The liability ofany co-borrower is joint and several and is co-exislem with that 0fthe borrower. The liability 0fthe co-borrower 10 repay the Loan together with interest, and 10 observe the terms and conditions oflhis Agreement and any other agreement and documents that may have been 0r may be executed by you with us in respect ofmis Loan 0r any other Loan 0r Loans, is joint and several and consequently we shall have sole discretion 10 proceed against both 0r either oflhem 10 recover the Loan and other charges payable by you 10 us. Further, we can accept instructions from either the borrower 0r the co-borrower, and notice can be given t0 either the borrower 0r the co-borrower, and shall be binding 0n both. 9. Collection & Reporting of Delinquent Loans. We may report information about your account t0 credit bureaus. Late payments, missed payments, 0r other defaults 0n your account may be reflected in your credit report. You agree t0 pay all costs Ofcollecting any delinquent payments, including reasonable attorneys' fees, as permitted by applicable law. TCPA Consent & Privacy: You expressly consent 10 receiving calls and messages, including aulo-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our afifiliates, marketing partners, agents and others calling a1 their request 0r 0n their behalf, at any telephone numbers that you have provided 0r may provide in the future (including any cellular telephone numbers). Your cellular 0r mobile telephone provider will charge you according t0 the type 0f plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided 10 us 0r that you provide 10 us in the future. We may listen t0 and/or record phone calls between you and our representatives without The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document notice t0 you as permitted by applicable law. For example, we listen t0 and record calls for quality monitoring purposes. 10. Assignment of Your Loan. Following the closing ofyour loan you hereby agree that we may, without notice t0 you, (i) assign all ofour right, title and interest in this Agreement 10 LendingClub and (ii) assign your N0te(s) t0 LendingClub. You understand, acknowledge and agree that LendingClub may sell, assign 0r transfer your Nole(s) and all associated documents and information related t0 the Note without your consent 0r notice t0 you. 11. NO GUARANTEE. WE DO NOT WARRANT OR GUARANT EE (l) THAT YOUR LOAN REQUEST WILL BE FUNDED, OR (2) THAT YOU WILL RECEIVE A LOAN AS A RESULT OF POSTING A REQUEST. 12. Entire Agreement. This Agreement and any Note represents the entire agreement between you and us regarding the subject matter hereof and supersedes all prior 0r contemporaneous communications, promises and proposals, whether oral, written 0r electronic, between us with respect 10 your loan request and loan. The WBK Privacy Notice attached as Exhibit B is incorporated by reference into this Agreement. 13. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECT RONIC TRANSACTIONS AND and your area 0n the Site and that communications from us may contain sensitive, confidential, and collections-related communications. Ifyour registered email address changes, you must notify LendingClub ofme change by sending an email t0 support@lendingclub.com 0r calling 888-596- 3157. You also agree t0 update your registered residence address and telephone number 0n the Site iflhey change. 15. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE . You n y not a sublicense 0r otherwise delegate your rights 0r obligations under this Agreement t0 another person without our prior written consent. Any such assignment, transfer, sublicense 0r delegation in violation 0fthis section 16 shall be null and void. We are located in the slate 0f Utah and this Agreement and the Note will be entered imo in the stale 0f Utah. The provisions oflhis Agreement will be governed by federal laws and the laws 0f the state 0f Utah t0 the extent n01 preempted without regard 10 any principle 0f conflicts oflaws that would require 0r permit the application ofme laws 0f any other jurisdiction Any waiver ofa breach 0f any provision 0fthis Agreement will n01 be a waiver ofany other subsequent breach. Failure 1 any lime after the .: I, void 0r OII ty 0f such u cw - n0 effect upon and hi: Agreem- eferen = purposes only and .Q 18. Arbitration. RESOLUTION OF DISPUT ES: | HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF ADISPUTE BETWEEN YOU AND ME. | UNDERSTAND THAT | HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. a. Either party 10 this Agreement, 0r LendingClub, may, at its sole election, require that the sole and exclusive forum and remedy for resolution ofa Claim be final and binding arbitration pursuant t0 this section 17 (the ”Arbitration Provision”), unless you opt out as provided in section 17(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, 0r future claim, dispute, 0r controversy involving you (0r persons claiming through 0r connected with you), 0n the one hand, and us and/or LendingClub (0r persons claiming through 0r connected with us and/or LendingClub), 0n the other hand, relating t0 0r arising out oflhis Agreement, any Note, the Site, and/or the activities 0r relationships that involve, lead 10, 0r result from any OfIhe foregoing, including (except 10 the extent provided otherwise in the last sentence ofsection 17(f) below) the validity 0r enforceability ofmis Arbitration Provision, any part thereof, 0r the entire Agreement. Claims are subject 10 arbitration regardless ofwhether they arise from contract; tort (intentional 0r otherwise); a constitution, statute, common law, 0r principles 0f equity; 0r otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, 0r otherwise. The scope 0fthis Arbitration Provision is t0 be given the broadest possible interpretation that is enforceable. h. You may opt out ofmis Arbitration Provision for all purposes by sending an arbitration opt out notice t0 WebBank, c/o LendingClub Corporation, 71 Stevenson 81., Suite 300, San Francisco CA, 94105, Attention: Loan Processing Department, which is received at the specified address within 30 days 0fthe date ofyour electronic acceptance oflhe terms 0fthis Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement t0 which i1 applies by date; provide your name, address, and social security number; and be signed by you. You may send the opt out notice in any manner you see fit as long as i1 is received a1 the specified address within the specified time. N0 other methods can be The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document used 10 opt out ofmis Arbitration Provision. Ifthe opt out notice is sent 0n your behalfby a third party, such third party must include evidence 0f his 0r her authority 10 submit the opt out notice 0n your behalf. c. The party initiating arbitration shall d0 so with the American Arbitration Association (the “AAA") 0r JAMS. The arbitration shall be conducted according 10, and the location 0fthe arbitration shall be determined in accordance with, the rules and policies 0fthe administrator selected, except t0 the extent the rules conflict with this Arbitration Provision 0r any countervailing law. In the case Ufa conflict between the rules and policies 0fthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject 10 countervailing law, unless all parties 10 the arbitration consent t0 have the rules and policies oflhe administrator apply. d. Ifwe (0r LendingClub) elect arbitration, we (0r LendingClub, as the case may be) shall pay all the administrator‘s filing costs and administrative fees (other than hearing fees). Ifyou elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofme administrator selected, 0r in accordance with countervailing law ifcomrary 10 the administrator's rules. We (0r LendingClub, as the case may be) shall pay the administrator's hearing fees for one full day 0f arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules 0r applicable law require otherwise, 0r you request that we (0r LendingClub) pay -' -xcept as otherwise provided by otwithslanding anyThing t0 the ree-arbitrator panel selected ross-appeal within 30 days after notice oflhe appeal. The panel will recon ider de ' ' . and conduct 0f any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject t0 appeal, and any panel award 0n appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (”FAA"), and may be entered as a judgment in any court 0fcompetentjurisdiction. Q 0 date, n a areE obligations ofme named parties only, and only with respect t0 the claims in arbitration, and shall not (a) determine the rights, obligations, 0r interests 0f anyone other than a named party, 0r resolve any Claim ofanyone other than a named party; nor (b) make an award for the benefit 0f, 0r against, anyone other than a named party. N0 administrator 0r arbitrator shall have the power 0r authority t0 waive, modify, 0r fail 10 enforce this section 17(0, and any attempt t0 d0 so, whether by rule, policy, arbitration decision 0r otherwise, shall be invalid and unenforceable. Any challenge 10 the validity oflhis section 17(0 shall be determined exclusively by a court and n01 by the administrator 0r any arbitrator. g. This Arbitration Pr. .' ' ' ' .. .. I - ' ' ' \ ' fl n - I - eable under theFAA. The arbitrat- ‘ ' ' ' - ‘ - - 0f ' ' 0 ' award damages 0r other types ofreli ' - bound byjudicial information. ir - arbitrator will not be otecl confidentialL h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or-amendments 10 this Agreement and the relations hip 0f the parties and/or LendingClub; (ii) the bankruptcy 0r insolvency ofany party 0r other person; and (iii) any transfer ofany loan 0r Note 0r any other promissory n0te(s) which you owe, 0r any amounts owed 0n such loans 0r notes, t0 any other person 0r entity. If any portion oflhis Arbitration Provision other than section 17(f) is deemed invalid 0r unenforceable, the remaining portions oflhis Arbitration Provision shall nevertheless remain valid and in force. Ifan arbitration is brought 0n a class, representative, 0r collective basis, and the limitations 0n such proceedings in section 17(f) are finally adjudicated pursuant t0 the last sentence ofsection 17(f) 10 be unenforceable, then n0 arbitration shall be had. In n0 event shall any invalidation be deemed 10 authorize an arbitrator 10 determine Claims 0r make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN ACOURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. Exhibit A PROMISSORY NOTE Borrower name and address: (n01 visible 10 investors) Co-Borrower name and address: (not visible 10 investors) $ The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document ,20_ For value received, | (referred t0 herein as "Borrower" regardless ofwhether borrower is an individual 0r a co-borrower ) promise t0 pay 10 the order OfWebBank 0r any subsequent holder (”you“ 0r "Lenders") 0fthis Promissory Note (the "N01e“) the principal sum 0f ($ ) Dollars with interest as set forth below. Iimend 10 be legally bound by this Note. I have read, understood, and agreed t0 all 0fthe terms 0fthis Note. Interest Rate. This Note bears interest during each calendar month from the date hereofuntil paid in full, a1 a fixed rate 0f (0/0) per annum. Interest Calculation Method. Interest is calculated daily 0n the basis 0f a 360-day year with 12 months each ofwhich is 30 days (0r 30/360) long, regardless ifa month has more 0r less than 30 days. This Note shall bear interest 0n any overdue installment 0r principal and, 10 the extent permitted by applicable law, 0n any overdue installment 0f interest, a1 the interest rate as calculated above. Payments. Principal and interest is t0 be paid during and throughout the period 0f months in the following manner: Payments ofprincipal and interes ' rrower t0 the Lender commencing , unpaid principal, together with __, when the full amount 0f , 30m, 0r Blst 0fthe month, and the following month does n01 h y fthe month in which the payment was due. Borrower's last payment might be 0f a ch cunts, 10 adjust for rounding and/or due t0 calculation ofdaily interest charges in certain instances such as a payment due dale change 0r Borrower making a payment after the payment due date. In such cases, the amount ofme last monthly payment will be adjusted by the amount necessary t0 repay the loan in full. All payments 0n this Note are 10 be made in immediately available lawful money ofme United States. Borrower authorizes Lender 10 debit Borrower's . . 1g: I Borrower's financial institution at least three (3) banking days before the scheduled date OfIransfer. Borrower will notify Lender ofme exercisle 0f Borrower's right t0 slop a payment 0r revoke Borrower‘s authorization for automatic withdrawals at least three (3) banking days before the scheduled date 0ftransfer. All payments are t0 be applied first 10 the payment ofall fees, expenses and other amounts due t0 Lender (excluding principal and interest), then 10 accrued interest, and the balance 0n account ofoutstanding principal; provided, however, that after an Event 0f Default (as defined below), payments will be applied t0 Borrower‘s obligations as Lender determines in its sole discretion. n - 'orrower‘s Ibe less than the full Fees and Charges; agreement with Le amount 0f Borrowe orrower's loan and is subject t0 the acc ufficient funds in Borrower's accou may charge a fee in addition 10 this fee. a payment is 'II be assessed for each failed attempt. If Borrower's payment is more than 15 days late, Lender may charge a late fee in an amount the greater 0f 5% ofme outstanding payment 0r $15, t0 the extent permitted by applicable law. If Borrower‘s payment is more than 30 days late, Lender shall charge such late fee. These fees may be collected using ACH transfers initiated by us from Borrower‘s designated account. Any such late fee assessed is immediately due and payable. Any payment received after 6:00 PM, Mountain time, 0n a banking day is deemed received 0n the next succeeding banking day. Prepayments and Partial Payments. Borrower may make any payment early, in whole 0r in part, without penalty 0r premium a1 any time. Any partial prepayment is 10 be applied against the principal amount outstanding and does not postpone the due dale 0f any subsequent monthly installments, unless Lender otherwise agrees in writing. If Borrower prepays this Note in part, Borrower agrees 10 continue 10 make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments 0r partial payments, even though marked "paid in full", without losing any rights under this Note. Any regularly scheduled monthly installment 0f principal and interest that is received by Lender before the date i1 is due shall be deemed 10 have been received 0n the due date solely for the purpose 0f calculating interest due. Use 0f Funds. Borrower certifies that the proceeds 0fthe loan will not be used for the purpose 0f purchasing 0r carrying any securities 0r t0 fund any illegal activity. Default. Borrower will be deemed in default (each, an "Event 0f Default") ofBorrower's obligations under this Note ”Borrower: (i) fails 10 pay timely any amount due under this Note; (ii) files 0r has instituted against Borrower any bankruptcy 0r insolvency proceedings 0r makes any assignment for the benefit 0f creditors; (iii) dies; (iv) commits fraud 0r makes any material misrepresentation in this Note; 0r (v) fails 10 abide by the terms ofmis Note. Upon the occurrence ofan Event 0f Default, Lender may exercise all remedies available t0 i1 under applicable law, including demand upon Borrower 10 immediately pay all amounts due under this Note. Lender reserves the right 10 report loan payment delinquencies 0f 30 days 0r longer The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document 10 one 0r more consumer reporting agencies in accordance with applicable law. Borrower agrees t0 pay all costs Ofcollectmg any delinquent payments, including reasonable anomeys' fees, as permitted by applicable law. Joint and Several Liability. The liability 0f any co-borrower is joint and several and is co-existem with that oflhe borrower. The liability oflhe c0- borrower 10 repay the Loan together with interest, and 10 observe the terms and conditions OfIhis Agreement and any other agreement and documents that may have been 0r may be executed by Borrower with Lender in respect ofmis Loan 0r any other Loan 0r Loans, is joint and several and consequently Lender shall have sole discretion t0 proceed against both 0r either 0fthe Borrowers t0 recover the Loan and other charges payable by Borrower t0 Lender. Loan Charges. Ifa law that applies t0 my loan and sets maximum loan charges is finally interpreted so that the interest 0r other loan charges collected 0r t0 be collected in connection with my loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary 10 reduce the charge t0 the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded t0 me. You may choose t0 make this refund by reducing the principal | owe under this Note 0r by making a direct payment t0 me. Mis cellaneous. ote, Including without limitation, 10 'ten consent 0f Lender. This Note Borrower hereby waives demand, m ' - ' er, and hereby consents that without notice t0 and without releasing the liability ofany party, the obligations evidenced by this Note may from time t0 lime, in whole 0r part, be renewed, extended, modified, accelerated, compromised, settled 0r released by Lender. Any changes t0 this Note must be in writing signed by Borrower and Lender. Notices will be mailed electronically 10 the addresses provided. Controlling Law. Lender is located In the State 0f Utah and this Note has been executed and delivered in the Stale 0f Utah and is deemed a contract the California Civil Code and the adverse action is based in whole 0r in part 0n any information contained In a consumer credit report Borrower has the right t0 obtain within 60 days a free copy 0f Borrower' s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files 0n consumers 0n a nationwide basis. CALIFORNIA AND U_TAH RESIDENTS: As required by California and Utah law Borrower is hereby notified that a negative credit repon reflecting 0n Borrower' s creditg cord may be sub ' KANSAS (andQ THIS AGREEMEI‘ TERMS OR ORA THE TERMS OF MARYLAND RESIDENTS ONLY: Lender elects t0 make this loan pursuant t0 Subtitle 10 (Credit Gramor Closed End Credit provisions) ofTitIe 12 0f the Maryland Commercial Law Article only 10 the extent that such provisions are not inconsistent with Lender's authority under federal law (12 U.S.C. § 85, § 1463(9), 0r § 183ld, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status 0r sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXT END CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROT ECT 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 THE COMPLETE AND EXCLUSIVE STAT EMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. NEW JERSEY RESIDENTS: The section headings 0fthe Note are a table 0f contents and n01 contract terms. Portions ofmis Note with references t0 actions taken 10 the extent 0f applicable law apply t0 acts 0r practices that New Jersey law permits 0r requires. In this Note, actions 0r practices (i) by which Lender is 0r may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be 0r will be taken by Lender unless prohibited by "applicable law" 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 ofany credit as a result OfIhis application. If Borrower The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document asks, Borrower will be informed whether 0r not such a report was obtained, and ifso, the name and address ofme agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review 0r collection 0f any loan made 10 Borrower as a result oflhis application 0r for other legitimate purposes related 10 such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available 10 all credit-wonhy customers, and that credit reporting agencies maintain separate credit histories 0n each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower's signature confirms that this loan obligation is being incurred in the interest 0f Borrower's marriage 0r family. N0 provision ofany marital property agreement (pre-marilal agreement), unilateral statement under § 766.59 0fthe Wisconsin statutes 0r court decree under § 766.70 adversely affects Lender's interest unless, prior 10 the time that the loan is approved, Lender is furnished with a copy ofme marital property agreement, statement, 0r decree 0r have actual knowledge ofme adverse provision. Ifthis loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs 10 receive notification that credit has been extended t0 Borrower. SCREEN NAME OF BORROW BY: LENDINGCLUB CORPOR N ATTORNEY-IN-FACT FOR BO WER an. (SIGNED ELECT RONICALLY) Exhibit B WBK PRIVACY NOTICE ACCOUNT? FACTS WHAT DOES WEBBANK DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR LENDINGCLUB erall ect, sh hare ' es a e all 10 w weSUI 10 und ut S Plea e read nd 0n prodtion weThe onal i can i sof r ' n - Account balances and payment history o Credit history and credit scores When you are no longer our customer, we continue t0 share your information as described in this notice. All financial companies need 10 share customers' personal information t0 run their everyday business. In the section below, ‘ we listmemos“ c iesWshqmflhqupergflma‘mKthanaWnk chooses 10 s re'and cal" ssan.Bi ’ W g f\ /1\ I I \ \ I I l l I \ l I \\ \\ H H\\ \\ I \ x For our everyd ly ' ch s 0 process N YES NO transactions, ma m ' 0nd 10 rders d legal investigatio ' reaus I -Q J-l J-k I-L For our marketing purposes - t0 offer our products and services t0 YES NO you For joint marketing with other financial companies NO We don't share For our affiliates' everyday business purposes - information about NO We don't share your transactions and experiences For our affiliates' everyday business purposes - information about NO We don't share your creditworthiness For our affiliates to market to you NO We don't share For non-affiliates to market to you NO We don't share Call (888) 596-3157 How does WehBank protect my personal information? T0 protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does WehBank collect my personal information? We collect your personal information, for example, when you The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document o Open an account 0r pay us by check o Provide account information 0r give us your contact information o Show your driver‘s license We also collect your personal information from others, such as credit bureaus, afifiliales, 0r other companies. Why can't I limit all sharing? Federal law gives you the right t0 limit only o Sharing for afifiliates' everyday business purposes-information about your creditworthiness o Affiliates from using your information t0 market t0 you o Sharing for non-afliliates companies 10 market t0 you State laws and individual companies may give you additional rights 10 limit s haring. What happens when I limitmforW hoH-‘pa-‘nHjY-WkdoeWt Lg . b accounts.with someone else? j l\l\ l IA! (1/! \ l IA! Affiliates V C0 1panies re d by c0 1 0n 0 ners hip 0r control. They can be fiwancial and n ' | mp m es. ‘-‘ ‘T WebBank does share ‘ our afifiliates Non-affiliates Companies n01 related by common ownership 0r control. They can be financial and nonfinancial companies. o WebBank does not share with non-affiliates so they can market 10 you W ’ | /'7 ‘_' W W l Afom Iagre =n nafifilialed financ al c0 1 ni ha loge h =r marl~e ls 0r sewicesl you. o NebBan c rket ‘-/'IJ7‘-r ‘7 Wmwfin a ketinq >Y' J_l \k A_L AJ LL w AJ A A_x A_L _l A_L A_L U .j DOMENT The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18242 This is a copy 0f an authoritative document Credit Profile Authorization By clicking the check box following this notice and continuing with the application process, you understand and agree that you are authorizing WebBank, a Utah-chartered industrial bank, and LendingClub Corporation ("LendingClub") t0 each obtain consumer reports and related information about you from one 0r more consumer reporting agencies, such as TransUnion, Experian, and Equifax. You also authorize WebBank and LendingClub t0 verify information in your application, and you agree that WebBank 0r LendingClub may contact third parties t0 verify any such information. WebBank 0r LendingClub may use your consumer reports 10 authenticate your identity, 10 make credit decisions, t0 administer the resale 0f Member Payment Dependent Notes (”MPDNS") associated with your loan, which process is described here, and for related purposes. You direct WebBank and LendingClub t0 provide 0n your behalf certain elements ofyour application, as well as consumer report information, but (”Investor Members") 10 use this 0r the resale 0r potential resale ofany MPDNS associated with the loan. QHOK T i DOMENT The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18243 This is a copy of an authoritative document Credit Score Notice WebBank Your Credit Score and the Price You Pay for Credit Your Credit Score Your Credit Score v l What you should Your credit score is a number that reflects the information in your credit know about your report credit scores Your credit report is a report ofyour credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. Your ‘ ore ca ,d n ‘ yourc ‘ h‘ ‘ ch n es. V fll \ A HOME useflur L1H)W caffimketfir youH get | an a d howmH you J-Cre i score winh t yforjh Ioa . j [ 1 l J The range 0f Scores range from a low of 300 to a high of 850 scores sfl Hm Generally, the hig her your score, the more likely you are to be ofiered betterCMUMEWSE ""---_.--' U'I$ 3m 5 j g J u '11 .-.w Eu 2-0a“ E g 15% 15%B I6 15% E E 12% E 2 a E 1.3% 9%- ‘3-56- Min E (o: w: .5 £96: 5'? m HOW your score 30-3500 501-551 552E433 Efld-Edg 650-339 "FEICLFS'I 752mg BtllL‘B-SD compares t0 the scores ofother Score Range consumers Checking your Credit Report What ifthere are You have a right to dispute any inaccurate information in your credit report. If mistakes in Your you find mistakes on your credit report, contact the consumer reporting credlt report? agency. The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 04:49:10 This is a copy 0f an authoritative document It is a good idea 10 check your credit report 10 make sure the information i1 contains is accurate How can you obtain a copy ofyour credit report? fl Under federal law, you have the right 10 obtain a free copy ofyour credit report from each 0fthe nationwide consumer reporting agencies once a yean T0 order your free annual credit report - Bytelephone: Call loll-free: 1-877-322-8228 On me Web: Visitwww.zinnua‘credxtregorlcom By mai/S Mail our completed Annual Credit Report Reauest 3 Vflwwwfi . re quesfiormfma‘.finnual Cred eport Requ t ' 1-K PO. BOX 105281 Atlanta, GA30348-5281 How can you get For more information about credit reports and your rights under Federal law, TIE? FmanCIaBPrd'tEtti n ureau webs' a 1c v/ amnnre A< U M H M UH C EMT The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 04:49:10 This is a copy 0f an authoritative document Borrower Membership Agreement The following terms constitute a binding agreement (the “Agreemem”) between you (you and your 10 mean each and every borrower who executes this Agreement) and LendingClub Corporation, a Delaware corporation (”LendingClub,” “we,“ 0r “us"). BY ELECTRONICALLY SIGNING THE AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS. Under this Agreement, you agree 10 apply for one 0r more installment loans from WebBank, a Utah-chartered industrial bank ('WBK"), through the web site lending platform a1 www.Lendingclub.com, including any subdomains thereoffihe "Site“), operated by us. These terms affect your rights and you should read them carefully and prim a copy for your records. Your agreement t0 these terms means you agree 10 borrow and repay the money ifany ofyour loans are funded, consent t0 our privacy policy, agree 10 transact with us electronically, and agree t0 have any dispute with us resolved by binding arbitration. 1. Registration as a Borrower Member. You are applying t0 register with us as a borrower member 0n the Site. Registration as a borrower member lets you post qualifying loan requests 0n the Site and obliges you t0 accept any resulting loans that satisfy such requests, subject 10 your right t0 cancel your loan request e- losin ' orthi -'strati0n I - -- 1e as rmember is restricted t0 individuals who satisfy WBK'S v eon policy. ' orporation (”FICO") score must ' 0r any loan. Iffor any reason you d0 not qualify 0r you later cease 10 q ' ' -.- er reporting agency falls below 600, we 0r WBK may terminate your loan -q. " . " ICO score is higher than 600, we 0r WBK may nevenheless terminate yo as debt-to-income ratio 0r other information in your credit report. 2. Account Verification. You authorize us t0 initiate a debit entry t0 your bank account in an amount 0f$0.01 t0 $0.99 for account verification purposes through the ACH network. We will reverse this debit following verification and n0 funds will be removed from your account. You understand that ifwe are unable 10 verify your bank account for any reason, we will cancel your application and your loan request will n01 be posted 0n the Site. issue al 0r aM LendingClub. You understand that Investors make their own decisions whether t0 commit funds for your loan. Finally, LendingClub may also choose 10 commit funds for all 0r part ofyour loan request but is n01 obligated t0 d0 so. We may elect in our sole discretion 10 give you a partial funding option, ifnecessary, which means your loan will be funded ifit receives commitments totaling less than the full amount ofyour requested loan (subject t0 the loan size minimum). and in your name, place and stead, in any and all capacities, t0 complete and execute one or'more promissory notes in the form appended 10 your Loan Agreement with WBK (each, a "N0te") representing in the aggregate the total principal amount you accept, and the terms, ofeach loan made t0 you by WBK in accordance with the estimated disclosures made t0 you about such loan (see the disclosures at hnp://www.lendinqclub.com/accoum/truthInLendinq.action), with the full power and authority t0 d0 and perform each and every act and thing requisite and necessary t0 be done in connection with such power as fully 10 all intents and purposes as you might 0r could d0 in person (”Power 0f Attorney"). You agree and acknowledge that the initial loan disclosures made t0 you are estimates (other than APR) and may be as much as 40% less than the initially requested amounts. This Power ofAttomey is limited solely t0 the purpose described above and will expire automatically upon the earlier 0f(i) the execution ofme Notes by us 0n your behalfor (ii) the termination 0r expiration ofyour loan request posted 0n the Site. You may revoke the Power ofAttomey a1 any time before the funds representing your loan proceeds are transferred t0 your designated account and the Notes are executed 0n your behalf by contacting us in accordance with section 7, Communications. Once the Notes have been signed by LendingClub acting as your anorney-in-fact, however, they are deemed executed 0n your behalfand the executed Notes shall be your valid and binding obligations thereafter. Ifyou choose 10 revoke the Power ofArlomey prior 10 execution 0f Notes, we will be unable 10 proceed with processing your loan request and your pending loan requests will be considered withdrawn, and your registration as a borrower member 0n the Site will be terminated. In such event, we will remove any loan requests you have posted 0n the Site and you may be prohibited from posting additional qualifying loan requests in the future in our discretion. 5. Origination Fee. Ifyour loan request results in an issued loan, you may be required t0 pay WBK a non-refundable origination fee. The amount 0fthe fee, if required, will be stated in the disclosures provided 10 you which will be available for your review prior 10 loan issuance and in your online member account. N0 amount 0fthe finally determined fee is refundable. This fee may be deducted from your loan proceeds, which will result in the The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18244 This is a copy 0f an authoritative document loan proceeds delivered t0 you being less than the full amount ofyour issued loan. You acknowledge that any required origination fee will be considered part oflhe principal 0n your loan and is subject 10 the accrual ofimerest. 6. Loan Servicing; Check Processing Fee. You acknowledge and agree that LendingClub shall serve as the loan servicer for any and all loans you receive but that LendingClub may delegate servicing t0 another entity. LendingClub will maintain all Notes representing your loans in electronic form and shall make all such Notes available t0 you for review 0n the Site. As loan servicer, LendingClub will administer and collect 0n your loans. You may elect 10 make payments by personal check by contacting suggortQQIendingclubcom 0r by regular mail at LendingClub Corporation, 71 Stevenson St. Suite 300, San Francisco, CA 94105, Attention: Loan Processing Department. Ifyou elect t0 make payments by check, you acknovwedge and agree that there will be a $7 check processing fee per payment, subject 10 applicable law. Ifyou elect t0 make payments by check, you must send the check either (i) by regular mail t0 Lending Club Corporation, Dept #34268, PO. Box 39000, San Francisco, CA 94 139, 0r (ii) by overnight mail 0r UPS delivery t0 Wells Fargo Lock Box Services, Dept #34268, 3440 Walnut Ave, Window H, Fremont, CA 94538. 7. Communications. You agree not t0 communicate with the investors who purchase Member Payment Dependent Notes (”MPDNS”) corresponding t0 your loans except anonymously and publicly through posting 0n the Site For a detailed description ofme MPDNS please refer 10 the Prospectus available a1 htt-s ' deferment 0r forbearance, 0r 0 Corporation, 71 Stevenson St. any Inqumes requests for y regular mail 10 LendingClub m nent Resident Alien in the US 0n a valid long term visa and (B) will not ' ' : ' -~ ' j ceptive statements 0r omissions offact in your listing, including but not limited 10 ' nlion; (ii) misrep - -nt your‘ tity, 0r describe, present 0r portray yourself as a person other than yourself; (iii) give 10 0r receive from, 0r offer 0r agree t0 give t0 0r receive from any LendingClub member 0r other person any fee, bonus, additional interest, kickback 0r thing ofvalue ofany kind except in accordance with the terms ofyour loan; (iv) represent yourselflo any person, as a representative, employee, 0r agent 0f ours, 0r purpon t0 speak 10 any person 0n our behalf; (v) 0r in communications 0n the Site related 10 your loan request provide information upon which a discriminatory lending decision may be made such as your race color religion national origin sex marital status age any exercise ofyour consumer rights 0r the existence ofalimony child support 0r separate income ave neinyL j - ecn arye eswd d of20 U S C 1 7II http/lvwwh url f scode h JdeZO/usc s C‘ZO 0000 87 En verifiztt'ltn 0n me accu a‘y, entici , d n will n01 b edf e pumase offlumhasi ryingA 9. Liability of the Borrower and the Co-horrower is Joint and Several. The liability ofany co-borrower is joint and several and is co-exislem is 0f with that 0fthe borrower. The liability 0fthe co-borrower 10 repay any Loan together with interest, and 10 observe the terms and conditions 0fthis Agreement and any other agreement and documents that may have been 0r may be executed by you with us in respect 0f a Loan 0r Loans, is joint and several and consequently Lender shall have sole discretion t0 proceed against both 0r either 0fthe borrower 0r co-borrower t0 recover the Loan and other c .r_es payable by EEC" I . -r or . - 0 terminat- and notice can mem d remove your loan 1. We reserve the right tsuch verification request in case o'a ' ' ' . ' ' [her violatiu 10 verify any infom a ' ' ' so reserv- through a third p . . ' - us t0 reques - ' " ' - - ' i I -. :e us in connection with your registration as a borrower member 0n the Site. 11. NO GUARANTEE. WE DO NOT WARRANT OR GUARANT EE (l) THAT YOUR REQUEST WILL BE FUNDED, OR (2) THAT YOU WILL RECEIVE A LOAN AS A RESULT OF POSTING A REQUEST. 12. Restrictions on Use of Proceeds; Bank Account. You are n01 authorized 0r permitted 10 use the Site 10 obtain 0r attempt 10 obtain a loan for someone other than yourself. You are n01 authorized 0r permitted 10 use the Site t0 obtain 0r attempt 10 obtain a loan t0 (I ) fund any illegal activity 0r (ii) any other activity 0r use not otherwise allowed under this Agreement 0r the Site. You must be the owner oflhe deposit account you designate for electronic transfers offunds and have authority t0 direct that loan payments be made t0 us from such account. You acknowledge for those Loans where there may be more than one borrower 0n a Loan, the designated account may belong 10 either borrower 0r both. Your designated account will be the account into which loan proceeds will be deposited and from which loan payments will be made. T0 the extent that we determine, in our sole discretion, that your loan request violates this Agreement 0r the Terms 0f Use, we may terminate your loan request and cancel this Agreement immediately. 13. Termination of Registration. We may terminate this Agreement and your status as a borrower member at any time ifyou committed fraud 0r made a misrepresentation in connection with your registration 0n the Site 0r any application 0r request for a loan, performed any prohibited activity, 0r otherwise failed 10 abide by the terms 0fthis Agreement. In such event, we will have all remedies authorized 0r permitted by this Agreement and applicable law. We may, in our sole discretion, with 0r without cause and with 0r without notice, restrict your access t0 the Site. 14. DISCLAIMERS AND LIMITATION ON LIABILITY. THIS AGREEMENT IS FULLY SUBJECT TO ALLDISCLAIMERS AND LIMITATIONS ON The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18244 This is a copy 0f an authoritative document LIABILITY SET FORTH IN THE TERMS OF USE. 15. Entire Agreement. This Agreement represents the entire agreement between you and us regarding the subject matter ofme Agreement and supersedes all prior 0r contemporaneous communications, promises and proposals, whether oral, written 0r electronic, between us with respect t0 your registration as a borrower member and your loan request. 16. Consent t0 Electronic Transactions and Disclosures. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH CONSENT IS SET FORTH IN THE TERMS OF USE. 17. Notices. You agree that we can send you any and all notices and other communications related 10 this Agreement, any loan requests you post 0r your status as a borrower member by sending an email t0 your registered email address 0r posting the notice 0r communication 0n the Site, and notice 0r communication shall be deemed 10 have been duly given and effective when we send it 0r post i1 0n the Site. You acknowledge that you have sole access 10 the registered email account and your area 0n the Site and that communications from us may contain sensitive, confidential, and collections-relaled communications. Ifyour registered email address changes, you must notify us immediately oflhe change by sending an email t0 suggon@lendingclub.com 0r calling 888-596-3157. You also aree 10 undale promptly our registered residence address and telephone number 0n the Site ifthey chan 18. Miscellaneous. The parti sublicense 0r otherwise delega assignment, transfer, sublicense ou may not assign, transfer, nur prior written consent. Any such -men1 shall be governed by the laws 0f the State 0f Delaware without regardt . d require 0r u: jurisdiction. Any waiver 0f a breach 0f any provision 0fthis Agreement will not be a waiver 0f any other subsequent breach. Failure 0r delay by either pany 10 enforce any term 0r condition 0fthis Agreement will not constitute a waiver ofsuch term 0r condition. Ifat any lime after the dale oflhis Agreement, any oflhe provisions 0fthis Agreement shall be held by any court Ofcompelemjurisdiclion 10 be illegal, void 0r unenforceable, such ion ofme laws ofany other provision shall be ofno force and effect, but the illegality and unenforceability 0f such provision shall have n0 effect upon and shall n01 impair the enforceability 0f any other provisions 0fthis Agreement. The headings in this Agreement are for reference purposes only and shall n01 affect the la'oft' A ' hand, relating t0 0r arising out ofmis Agreement, any Note, the Site, and/or the activities 0r relationships that involve, lead 10, 0r result from any 0f the foregoing, including (except t0 the extent provided otherwise in the last sentence ofsection 18(f) below) the validity 0r enforceability 0fthis Arbitration Provision, any part thereof, 0r the entire Agreement. Claims are subject 10 arbitration regardless ofwhether they arise from contract; tort (intentional 0r otherwise); a constitution, statute, common law, 0r principles 0f equity; 0r otherwise. Claims include matters arising as initial claims, counter-claims, cn ' --claims, third- - 0f rbi n P' ' ' ' t0 u- give .ossible interpretation that s -' fig I3. You may opt ou o || purpose b se di g St. Suite 300, San F - ' . ' Ie art ithin 30 days ofme date ofyour electru . . -. ' . pt u arbitration; identify theclefifijth Agreement t0 whic I applies by date; provide your name, address, am socnal security numb'er; an e Signed by you. You may send the opt out notice in any manner you see fit as long as i1 is received at the specified address within the specified lime. N0 other methods can be used 10 opt out apt u notice t0 ation, 71 Stevenson recei ed at the 0fthis Arbitration Provision. Ifthe opt out notice is sent 0n your behalf by a third pany, such third party must include evidence 0f his 0r her authority 10 submit the opt out notice 0n your behalf. c. The party initiating arbitration shall d0 so with the American Arbitration Association (the “AAA") 0r JAMS. The arbitration shall be conducted according 10, and the location 0fthe arbitration shall be determined in accordance with, the rules and policies 0fthe administrator selected, except t0 the extent the rules conflict with this Arbitration Provision 0r any countervailing law. In the case Ufa conflict between the rules and policies 0fthe administrator and this Arbitration Provision, this Arbitration Provision shall control, subject 10 countervailing law, unless all parties 10 the arbitration consent t0 have the rules and policies oflhe administrator apply. d. Ifwe (0r WBK) elect arbitration, we (0r WBK, as the case may be) shall pay all the administrator‘s filing costs and administrative fees (other than hearing fees). Ifyou elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules ofme administrator selected, 0r in accordance with countervailing law ifcontrary 10 the administrator's rules. We (0r WBK, as the case may be) shall pay the administrator's hearing fees for one full day 0f arbitration hearings. Fees for hearings that exceed one day will be paid by the pany requesting the hearing, unless the administrator‘s rules 0r applicable law require otherwise, 0r you request that we (0r WBK) pay them and we agree (0r WBK agrees) 10 d0 so. Each party shall bear the expense 0f its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right 10 recover any ofmese fees, these statutory rights shall apply in the arbitration notwithstanding anyming 10 the contrary herein. e. Within 30 days ofa final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18244 This is a copy 0f an authoritative document according 10 the rules ofme arbitrator administrator. In the event 0f such an appeal, any opposing party may cross-appeal within 30 days after notice oflhe appeal. The panel will reconsider de novo all aspects oflhe initial award that are appealed. Costs and conduct 0f any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject t0 appeal, and any panel award 0n appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (”FAA"), and may be entered as a judgment in any court 0fcompetentjurisdiction. f. We agree not t0 invoke our right 10 arbitrate an individual Claim you may bring in Small Claims Court 0r an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON ACLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERALON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERT ED) IN ACOURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented 10 in writing by all parties 10 the arbitration, n0 party 10 the arbitration mayjoin, consolidate, 0r otherwise bring claims for 0r 0n behalf oftwo 0r more individuals 0r unrelated corporate entities in the same arbitration unless those persons are parties 10 a single transaction. Unless consented t0 in writing by all parties t0 the arbitration, an award in arbitration shall determine the rights and obligations ofme named parties only, and only with respect t0 the claims in arbitration, and shall not (a) determine the rights, obligations, 0r modify, 0r fail 10 enforce this .Iid and unenforceable. Any challenge FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes oflimilalions. The arbitrator may award damages 0r other types ofrelief permitted by applicable substantive law, subject 10 the limitations set forth in this Arbitration Provision. The arbitrator will not be bound byjudicial rules ofprocedure and evidence that would apply in a court. The arbitrator shall take steps t0 reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, 0r amendments 10 this Agreement and the relations hip 0f 1E THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE AJUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN ACOURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. DOMENT The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 01 :18244 This is a copy 0f an authoritative document Truth in Lending Disclosure TRUTH IN LENDING DISCLOSURE STATEMENT Lender Borrower WebBank Ken Costa 215 South State Street 483 La Conner Drive #3 Suite 800 . Sunn ale, CA 94087 San Lake City,uflfl 7 f ‘]\ /r 7 m Fl NCE H RGE AMOUN OTA_OF h d0 a mount FINANC AY AENTS t crejlt III cost T e amount of e h amcurtyou WIII iwy \nded to you or ave paiel-vihen you credit as a yearly rate your behalf have made all scheduled payments 28,8994) $5.533 $10925 $16458 Your payment schedule will be as follows: NL -ro .ymen ~ he a me E First mem qu 35 naym is du 0f h 10m I "19m j Late charges: Ifyour payment arrives after your 15 day grace period, you will be charged a late fee equal t0 the greater 0f: 5.00% 0fthe late payment amount 0r $15. This fee is charged only once per late payment. Prepayment policy: Ifyou pay off your loan in advance, you will not be charged a penalty. In the event 0f a prepayment, you will not be entitled 10 a refund ofan pre-paid finance charges 0r other fee_s. Eatnnonpfjmem, Unsuccessful payment fee. When a payment fails and is rejected by your bank, you will be charged an Total Amount Requested: $11,500.00 Origination Fees: $575.00 Total Amount Received: $10,925.00 Unsuccessful Payment Fee 0f$15 t0 cover the cost Lending Club incurs 0n the transaction. Each attempt t0 collect a monthly payment is considered a separate transaction, so an Unsuccessful Payment Fee will be assessed for each failed attempt. Check Processing Fee. Ifyou elect 10 make payments by check, there will be a $7 processing fee by payment. You are not required to complete this agreement merely because you have received these disclosures or signed a borrower membership agreement. The authoritative document is maintained by LendingClub Corporation and this copy was created Aug 15 2017 04:49:19 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 3813587 LotNo Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 Lot196 ID LOANJD 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 9127 Name Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Ken Costa Loan Amt CREATE_D 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 11500 8/28/2015 9/25/2015 10/27/2015 10:43:54 AM 11/27/2015 11:57:44 AM 3:13:14 AM 11:46:23 AM 12/24/2015 1:12:46 PM 1/27/2016 2/25/2016 3/25/2016 4/27/2016 5/27/2016 5/28/2016 7/28/2016 3/28/2016 9/28/2016 11:22:08 AM 8:50:56 AM 8:23:27 AIVI 8:58:08 AM 8:49:15 AM 3:05:28 AM 3:06:57 AM 3:10:06 AM 6:07:43 AM 10/28/2016 6:08:23 AM 11/28/2016 6:14:57 AM 12/28/2016 7:09:27 AM 1/28/2017 2/28/2017 3/28/2017 4/28/2017 5/28/2017 6/28/2017 7/28/2017 8/28/2017 6:09:54 AM 4:29:50 AM 4:24:06 AM 4:24:26 AM 4:20:51 AM 4:24:50 AM 4:25:31 AM 4:35:09 AM PRNCP_PA|D 217.6925 2222259463 226.8538016 231.5780321 236.4006446 241323688 2463492538 251.479477 256.7165371 262.062659 267.5201139 273.0912203 278.7783449 284583904 2905103638 2965602421 302.7361091 309.0405886 315.4763589 OOOOOO PRNCP_BAL OOOOOOOOOOOOOOOOOOOO 322.046154 644.092308 966.138462 1288.18462 1610.23077 |NT_ACCR 239.4875 234.954054 230326198 225.601968 220.779355 215.856312 210.830746 205.700523 200.463463 195.117341 189.659886 184.08878 178.401655 172596096 166.669636 160.619758 154.443891 148.139411 141.703641 135.133846 135.133846 135.133846 135.133846 135.133846 O |NT_PA|D 239.4875 234.954054 230326198 225.601968 220.779355 215.856312 210.830746 205.700523 200.463463 195.117341 189.659886 184.08878 178.401655 172.596096 166.669636 160.619758 154.443891 148.139411 141.703641 OOODOO |NT_BAL OOOOOOOOOOOOOOOOOOOO 135.133846 270.267692 405.401538 540535384 675.66923 FEE_ACCR FEE_PA|D FEE_BAL LCFEE_ACCR LCFEE_PA|D LCFEE_BAL STATUS STATUS_D 0 0 0 0 O O 0 0 O 0 0 O 0 0 O O 0 O 0 0 O O 0 O 0 O OOOOOOOOOOOOOOOOOOOOOOOO O OOOOOOOOOOOOOOOOOOOOOOOO 0 OOOOOOOOOOOOOOOOOOOOOOOO O OOOOOOOOOOOOOOOOOOOOOOOO O OOOOOOOOOOOOOOOOOOOOOOOO 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 16 16 16 16 16 19 9/28/2015 10/28/2015 10:30:41 AIVI 11/30/2015 10:55:03 AIVI 12/28/2015 11:24:37 AM 1/28/2016 2/29/2016 3/28/2016 4/28/2016 5/31/2016 6/28/2016 7/28/2016 8/29/2016 9/28/2016 10:15:06 AM 11:00:07 AM 8:29:43 AM 8:22:32 AM 8:36:09 AM 8:12:33 AM 8:00:50 AM 7:31:05 AM 7:36:13 AM 7:53:47 AM 10/28/2016 7:32:41 AM 11/28/2016 8:55:24 AM 12/28/2016 9:22:48 AM 1/30/2017 2/28/2017 3/28/2017 5/28/2017 6/28/2017 7/28/2017 8/28/2017 8/31/2017 8/31/2017 9:54:00 AM 8:48:12 AM 6:35:30 AM 4:07:37 AM 4:15:43 AM 4:15:54 AM 4:18:59 AM 10:08:06 PM 10:08:06 PM DUE_D 9/28/2015 10/28/2015 11/28/2015 12/28/2015 1/28/2016 2/28/2016 3/28/2016 4/28/2016 5/28/2016 6/28/2016 7/28/2016 8/28/2016 9/28/2016 10/28/2016 11/28/2016 12/28/2016 1/28/2017 2/28/2017 3/28/2017 4/28/2017 5/28/2017 6/23/2017 7/28/2017 8/28/2017 9/28/2017 DUE_AMT PULL_AMT RECEIVED_D 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 914.36 1371.54 1828.72 2285.9 0 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 914.36 1371.54 1828.72 2285.9 2743.08 10/1/2015 11:48:59 AM 11/2/2015 12:22:34 PM 12/3/2015 12:00:18 Pun 12/31/2015 1:24:38 PnA 2/2/2016 12:14:17 Pun 3/3/2016 9:47:40 AM 3/31/2016 10:02:35 AM 5/3/2016 10:56:58 AM 6/3/2016 12:38:48 PnA 7/1/2016 3:48:12 AM 8/2/2016 8:19:49 AM 9/1/2016 9:11:13 AM 10/3/2016 9:29:40 AM 11/2/2016 9:01:57 AM 12/1/2016 10:27:08 AM 1/3/2017 11:55:57 AM 2/2/2017 10:07:28 AM 3/3/2017 8:59:44 AM 3/31/2017 8:19:12 AM RECEIVED_AMT CASE_|D PULL_D 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 457.18 OOOOOO 9/25/2015 10/27/2015 11/27/2015 12/24/2015 1/27/2016 2/26/2016 3/25/2016 4/27/2016 5/27/2016 6/27/2016 7/27/2016 8/26/2016 9/27/2016 10/27/2016 11/25/2016 12/27/2016 1/27/2017 2/27/2017 3/27/2017 4/27/2017 5/25/2017 6/27/2017 7/27/2017 8/25/2017 9/27/2017 PRNCP_OUT 11500 11282.3075 11060.08155 10833.22775 10601.64972 1036524908 1012392539 9877.576134 9626.096657 9369380119 910731746 8839797347 8566706126 8287,927781 8003343877 7712.833514 7416273272 7113.537162 6804496574 6489.020215 6489.020215 6489020215 6489.020215 6489020215 6489.020215 ROI 0.02045522 0.02041978 0.02041164 0.02040298 0.02039377 0.02038393 0.02037342 0.02036215 0.02035006 0.02033705 0.02032301 0.02030782 0.02029133 0.02027338 0.02025376 0.02023225 0.02020854 0.02018231 0.02015312 YTM TYPE OR|G_DUE_D 1 I-II-‘I-xl-‘I-xHHI-‘I-‘HI-xI-iHn-‘I-‘HHI-‘HI-II-‘HHH 9/28/2015 10/28/2015 11/28/2015 12/23/2015 1/28/2016 2/28/2016 3/28/2016 4/28/2016 5/23/2016 6/28/2016 7/28/2016 8/28/2016 9/28/2016 10/28/2016 11/28/2015 12/28/2016 1/28/2017 2/28/2017 3/28/2017 4/28/2017 5/28/2017 6/28/2017 7/28/2017 8/28/2017 9/28/2017 POSWNG_D 9/28/2015 11:46:23 AM 10/28/2015 11/30/2015 12/28/2015 1/28/2016 2/29/2016 3/28/2016 4/28/2016 5/31/2016 6/28/2016 7/28/2016 8/29/2016 9/28/2016 10/28/2016 11/28/2016 12/28/2016 1/30/2017 2/28/2017 3/28/2017 PEND_PRNCP_PA|D OOOOOOOOOOOOOOOOOOOOOOOOO PEND_|NT_PA|D OOOOOOOOOOOOOOOOOOOOOOOOO PEND_FEE_PA|D SERVICEFEE_FOR_NAR OOOOOOOOOOOOOOOOOOOOOOOOO 4.2525 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4.5718 4‘5718 4.5718 4.5718 4.5718 4.5718 4.5718 WAIVE_COLLECT|ON_FEES OOOOOOOOOOOOOOOOOOOOOOOOO
