Plaintiff s Claim 1500 or LessCal. Super. - 6th Dist.March 5, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/5/2020 4:52 PM Reviewed By: D. Pinheiro Case #20SC082847 Envelope: 4129168 20SC082847 Santa Clara - Civil 20SC082847 3/6/2020 D. Pinheiro 04/15/20 1:00 pm 15 20SC082847 Plaintiff (list names): Case Number: Opportunity Fund Northern CA ® The plaintiff (the person, business, or public entity that is suing) is: Name: Opportunity Fund Northern CA Phone: 408-516-5052 Street address; 111 W Saint Street Ste 800 7 San Jose CA 951 1 3 Street City State Zip Mailing address (zfdiflerent): Street City State Zip If more than one plaintiff, list next plaintiff here: Name: Phone: Street address: Street City State Zip Mailing address (ifdz‘flerent): Street City State Zip D Check here ifmore than two plaintijfs and attachform SC-I 00A. D Check here z'fez‘ther plaintifllisted above is doing business under afictitious name. Ifso, attachform SC-103. D Check here ifany plaintifi‘is a “licensee ” 0r “deferred deposit originator” (payday lender) under Financial Code sections 23000 et seq. ® The defendant (the person, business, or public entity being sued) is: Name: Patricia Barreda Phone: 510-760-5315 Street address: 181 Monet Dr Oakley CA 94561 Street City State Zip Mailing address (ifdiflerent): Street City State Zip If the defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process here: Name: Job title, ifknown: Address: Street City State Zip D Check here ifyour case is against more than one defendant, and attachform SC-J 00A. D Check here ifany defendant 1's 0n active military duty, and write his 0r her name here: ® The plaintiff claims the defendant owes $ 1,04839 . (Explain below).- a. Why does the defendant owe the plaintiffmoney? A cash loan was issued to Defendant, Defendant did not comply with loan. When did this happen? (Date): 1 1/27/201 8 b. If no specific date, give the time period: Date started: Through: c. How did you calculate the money owed to you? (Do not include court costs orfeesfor service.) Present pay off balance, principle plus interest and fees D Check here ifyou need more space. Attach one Sheet ofpaper orform MC-03J and write “SC-IOO, Item 3 ” at the top. REV‘sedJama’W-Zm" Plaintiff’s Claim and ORDER to Go to Small Claims Court 5°40"! Page 2°”) (Small Claims) 9 20SC082847 Plaintiff (list names): Case Number: Opportunity Fund Northern CA You must ask the defendant (in person, in writing, or by phone) to pay you before you sue. If your claim is for possession of property, you must ask the defendant to give you the property. Have you done this? Yes D N0 Ifno, explain why not: ® Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. (1) Where the defendant lives or does business. (4) Where a contract (written or spoken) was made, (2) Where the plaintiff’s property was damaged. signed, performed, or broken by the defendant or (3) Where the plaintiffwas injured. where the defendant lived or did business when the defendant made the contract. b. D Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim, is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395W) c. D Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civ Code, § 1812.10.) d. D Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civ Code, § 2984.4.) e. D Other (specifiz): List the zip code of the place checked in© above (ifyou know): 951 1 3 ls your claim about an attorney-client fee dispute? D Yes No Ifyes, and ifyou have had arbitration, fill outform SC-I 0], attach it t0 thisform, and check here: D Are you suing a public entity? D Yes No Ifyes, you mustfile a written claim with the entityfirst. D A claim was filed on (date): Ifthe public entity denies your claim 0r does not answer within the time allowed by law, you canfile thisform. Have you filed more than 12 other small claims within the last 12 months in California? D Yes M No Ifyes, thefilingfeefor this case will be higher. ls your claim for more than $2,500? D Yes No Ifyes, I have notfiled, and understand that I cannotfile, more than two small claims casesfor more than $2,500 in California during this calendar year. | understand that by filing a claim in small claims court, | have no right to appeal this 0@@ 66-) claim. I declare, under penalty of perjury under California State law, that the information above and on any attachments to this form is true and correct. Izé " Date: 2/20/2020 Opportunity Fund Northern CA Plaintifltypes or prints name here Date: Secondplaz‘ntiflgzpes or prints name here Secondplaz’ntz‘flsigns here Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available ifyou ask at least five days before the trial. Contact the clerk’s office for form MC-410, Requestfor Accommodations by Persons With Disabilities and Response. (Civ. Code, § 54.8.) Rev‘se“a"”a“/"2°2° Plaintiff’s Claim and ORDER to Go to Small Claims Court 56-100. P8963 °f5 (Small Claims) -> SC-1 00 Information for the defendant (the person being sued) "Small claims court" is a special court where claims for $10,000 or less are decided. Individuals, including "natural persons" and sole proprietors. may claim up to $10,000. Corporations, partnerships, public entities, and other businesses are limited to claims of $5,000. (See below for exoeptions.*) The process is quick and cheap. The rules are simple and informal. You are the defendant-the person being sued. The person who is suing you is the plaintiff. Do I need a lawyer? You may talk to a lawyer before or after the case. But you may not have a lawyer represent you in court (unless this is an appeal from a small claims case). How do l get ready for court? You don’t have to file any papers before your trial, unless you think this is the wrong court for your case. But bring to your trial any witnesses, receipts. and evidence that supports your case. And read "Be Prepared for Your Trial" at www.courts.ca.gov/smallclaims/prepare. What if l need an accommodation? Ifyou have a disability or are hearing impaired, fill out form MC-410, Request for Accommodations. Give the form to your court clerk or the ADA/ Access Coordinator. What if | don’t speak English well? Ask the court clerk as soon as possible for a court-provided interpreter. You may use form |NT-3OO or local court form to request an interpreter. If a court interpreter is not available at the time of your trial, it may be necessary to reschedule your trial. You cannot bring your own interpreter for the trial unless the interpreter has been approved by the court as a certified, registered, or provisionally qualified interpreter. (See Cal. Rules of Court, rule 2.893. and form |NT-140.) Where can l get the court forms l need? Go to any courthouse or your county law library. or print forms at www. courts.ca.gov/smallclaims/forms. What happens at the trial? The judge will listen to both sides. The judge may make a decision at your trial or mail the decision to you later. What if I lose the case?lfyou lose, you may appeal. You’ll have to pay a fee. (Plaintiffs cannot appeal their own claims.) . lf you were at the trial, file form SC-140, Notice oprpeaI. You must file within 30 days after the clerk hands or mails you the judge's decision (judgment) on form SC-200 or form SC-130, Notice of Entry of Judgment. . If you were not at the trial, fill out and file form SC-1 35, Notice of Motion to Vacate Judgment and Declaration, to ask the judge to cancel the judgment (decision). If the judge does not give you a new trial, you have 10 days to appeal the decision. File form SC-140. For more information on appeals, see www.courts.ca.gov/ smallclaims/appeals. Do l have options? Yes. If you are being sued, you can: ‘ Settle your case before the trial. Ifyou and the plaintiff agree on how to settle the case, the plaintiff must file form ClV-1 10, Request for Dismissal, with the clerk. Ask the Small Claims Advisor for help. ' Prove this is the wrong court. Send a letter to the court before your trial explaining why you think this is the wrong court. Ask the court to dismiss the claim. You must serve (give) a copy of your letter (by mail or in person) to all parties. (Your letter to the court must say you have done so.) - Go to the trial and try to win your case. Bring witnesses, receipts. and any evidence you need to prove your case. To have the court order a witness to go to the trial, fill out form 30-107 (Small Claims Subpoena) and have it served on the witness. - Sue the person who is suing you. Ifyou have a claim against the plaintiff, and the claim is appropriate for small claims court as described on this form. you may file Defendant's Claim (form SC-120) and bring the claim in this action. If your claim is for more than allowed in small claims court, you may still file it in small claims court if you give up the amount over the small claims value amount, or you may file a claim for the full value of the claim in the appropriate court. If your claim is for more than allowed in small claims court and relates to the same contract. transaction, matter, or event that is the subject of the plaintiff's claim, you may file your claim in the appropriate court and file a motion to transfer the plaintiffs 's claim to that court to resolve both matters together. You can see a description of the amounts allowed in the paragraph above titled “Small Claims Court.” - Agree with the plaintiff's claim and pay the money. 0r, if you can't pay the money now, go to your trial and say you want to make payments. - Let the case "default." If you don’t settle and do not go to the trial (default), the judge may give the plaintiff what he or she is asking for plus court costs. If this happens, the plaintiff can legally take your money. wages. and property to pay the judgment. What if I need more time? You can change the trial date if: You cannot go to court on the scheduled date (you will have to pay a fee to postpone the trial). or You did not get served (receive this order to go to court) at least 15 days before the trial (or 20 days if you live outside the county), or - You need more time to get an interpreter. One postponement is . allowed, and you will not have to pay a fee to delay the trial. Ask the Small Claims Clerk about the rules and fees for postponing a trial. Or fill out form SC-1 50 (or write a letter) and mail it to the court and to all other people listed on your court papers before the deadline. Enclose a check for your court fees, unless a fee waiver was granted. Need help? Your county’s Small Claims Advisor can help for free. r mmmms Advhur L- [mmmmmmnunnsm Or go to www.coun‘s.cagov/smallclaims/advisor. J * Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116220(c).) Revised January 1, 2020 Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-1 00, Page 4 of 5 (Small Claims) SC-1 00 Informacién para el demandado (la persona demandada) La “Corte de reclamos menores" es una corte especial donde se deciden casos por $10,000 o menos. Los individuos. o sea las "personas fisicas” y los propietarios por cuenta propia. pueden reclamar hasta $10,000. Las corporaciones, asociaciones, entidades pfiblicas y otras empresas solo pueden reclamar hasta $5.000. (Vea abajo para las excepciones.*) El proceso es répido y barato. Las reglas son sencillas e informales. Usted es el Demandado-la persona que se esté demandando. La persona que Io esté demandando es el Demandante. aNecesito un abogado? Puede hablar con un abogado antes o después del caso. Pero no puede tener a un abogado que Io represente ante la corte (a menos que se trate de una apelacién de un caso de reclamos menores). ¢Cémo me preparo para ir a la corte? No tiene que presentar ningunos papeles antes del juicio, a menos que piense que ésta es la corte equivocada para su caso. Pero lleve al juicio cualquier testigos, recibos y pruebas que apoyan su caso. Y lea “Esté preparado para su juicio” en www.courts.ca.govlreclamosmenores/preparese. éQué hago si necesito una adaptacién? Si tiene una discapacidad o tiene impedimentos de audicién, Ilene el formulario MC-410, Request for Accomodations. Entregue el fonnulario al secretario de la corte o al Coordinador de AccesolADA de su corte. ¢Qué pasa si no hablo bien inglés? Solicite un intérprete al secretario de Ia corte Io més pronto posible. Puede usar el formulario |NT-300 o un formulario de su corte local. Si no esté disponible un intérprete de Ia corte para su juicio, es posible que se tenga que cambiar Ia fecha de su juicio. No puede llevar su propio intérprete para el juicio a menos que el intérprete haya sido aprobado por Ia corte como un intérprete certificado, registrado, o provisionalmente calificado. (Vea la regla 2.893 de las Reglas de Ia Corte de California, y el formulario |NT-140.) ¢D6nde puedo obtener Ios formularios de la corte que necesito? Vaya a cualquier edificio de la corte. la biblioteca legal de su condado, o imprima los formularios en www.courts.ca.gov/ smallclaims/forms (pégina esté en inglés). iQué pasa en el juicio? El juez escucharé a ambas panes. El juez puede tomar su decisién durante la audiencia o enviérsela por correo después. LQué pasa si pierdo el caso? Si pierde, puede apelar. Tendré que pagar una cuota. (El Demandante no puede apelar su propio reclamo.) . Si estuvo presente en el juicio, Ilene el formulario SC-140, Aviso de apelacién (Notice of Appeal). Tiene que presentarlo dentro de 30 dias después de que el secretario le entregue o envie la decisién (fallo) del juez en el formulario SC-200 o SC-130, Aviso de publicacién del fallo (Notice of Entry of Judgment). . Si no estuvo en el juicio, Ilene y presente el formulario SC-1 35. Aviso de peticién para anular el fallo y Declaracién para pedirle al juez que anule el fallo (decisién). Si la corte no Ie otorga un nuevo juicio, tiene 1O dias para apelar la decisién. Presente el formulario SC-140. Para obtener més informacién sobre las apelaciones, vea www. courts.ca.gov/reclamosmenores/apelaciones. (Tango otras opciones? Si. Si lo estén demandando. puede: . Resolver su caso antes del juicio. Si usted y el Demandante se ponen de acuerdo en cémo resolver el caso. el Demandante tiene que presentar el formulario ClV-110. Solicitud de desestimacién (Request for Dismissal) ante el secretario de la corte. Pidale al Asesor de Reclamos Menores que lo ayude. . Probar que es Ia corte equivocada. Envie una carta a la corte antes del juicio explicando por qué cree que es la corte equivocada. Pidale a la corte que despida e! reclamo.Tiene que entregar (dar) una copia de su carta (por correo o en persona) a todas las partes. (Su carta a la corte tiene que decir que hizo Ia entrega.) . Ir al juicio y tratar de ganar el caso. Lleve testigos, recibos y cualquier prueba que necesite para probar su caso. Si desea que la corte emita una orden de comparecencia para que Ios testigos vayan al juicio, Ilene el formulario SC-1 07, Citaton'o de reclamos menores (Small Claims Subpoena) y entrégueselo legalmente al testigo. . Demandar a la persona que Io demandé. Si tiene un reclamo contra el Demandante, y el reclamo se puede presentar en Ia corte de reclamos menores, tal como se describe en este formulario, puede presentar el formulario SC-120, Reclamo del demandado (Defendant's Claim) y presentarlo en este mismo caso. Si su reclamo excede el limite permitido en la corte de reclamos menores, puede igualmente presentarlo en la corte de reclamos menores si esté dispuesto a limitar su reclamo al méximo permitido, o puede presentar un reclamo por el monto total en la corte apropiada. Si su reclamo excede el limite permitido en la corte de reclamos menores y esté relacionado con el mismo contrato. transaccién, asunto o acontecimiento que el reclamo del Demandante. puede presentar su reclamo en la corte apropiada y presentar una mocién para transferir el reclamo del Demandante a dicha corte, para poder resolver Ios dos reclamos juntos. Puede ver una descripcién de Ios montos permitidos en el pérrafo anterior titulado "Corte de reclamos menores". . Aeptar el reclamo del Demandante y pagar el dinero. O, si no puede pagar en ese momenta. vaya al juicio y diga que quiere hacer Ios pagos. . No ir al juicio y aceptar el fallo por falta de comparecencia. Si no llega a un acuerdo con el Demandante y no va al juicio (fallo por falta de comparecencia). el juez le puede otorgar al Demandante Io que esté reclamando més Ios costos de Ia corte. En ese caso. el Demandante legalmente puede tomar su dinero, su sueldo o sus bienes para cobrar el fallo. ¢Qué hago si necesito més tiempo? Puede cambiar la fecha del Jumlo su: - No puede ir a la corte en la fecha programada (tendré que pagar una cuota para aplazar el juicio), o - No le entregaron Ios documentos legalmente (no recibié la orden para ir a la cone) por lo menos 15 dias antes del juicio (6 20 dias si vive fuera del condado), o o Necesita mas tiempo para conseguir intérprete. (Se pennite un solo aplazamiento sin tener que pagar cuota para aplazar el 'uicio). Prejgflntele al secretario de reclamos menores sobre las reglas y las cuotas para aplazar un juicio. O Ilene el formulario SC-150 (o escriba una carta) y envielo antes del plazo a la corte y a todas las otras personas que figuran en sus papeles de la corte. Adjunte un cheque para pagar Ios costos de Ia corte, a menos que le hayan dado una exencién. ¢Necesita ayuda? El Asesor de Reclamos Menores de su condado le puede ayudar sin cargo. QfllfilI-Claims Adulaur [411m 3532100, {muonsa 51 J O visite www.courts.ca.gov/reclamosmenores/asesores. ' Excepclones: Existen diferentes Iimites en un reclamo contra un garante, (Vea el deigo de Procedimiento Civil, seceién 116.220 (c).) Revised January 1, 2020 Reclamo del Demandante y ORDEN SC-1 00, Page 5 of 5 Para Ir a la Corte de Reclamos Menores (Reclamos Menores) f6fi’é’fi?fi?tfé¢fi5fi“§fid 'fi'fii’ffi'év, ’bleééefiiefifiithféj’cre‘éi Fliig 'F_on'n button a_fter you have printed the form. I Save this form I _ Loan History Report Loan#: 28066-2 Eff.Da_. Crew Accrued Int. Principal B... 11/01/2019 Late Fee 91 10/02/2019 Late Fee 91 09/01/2019 Late Fee 91 08/01/2019 Late Fee 91 07/03/2019 Late Fee 91 91 07/02/2019 Late Fee 1 06/21/201 9 1,21 06/1 0fl01 9 Late Fee 1,21 06/01/201 9 Late Fee 1,508.61 04/25/201 9 1 ,474.85 04/22/201 9 1,492.91 03/24/201 9 . 1,750.91 02/2 1[2019 1 1,865. 0130/201 9 1 1 01 /22/201 9 Payment 2,01 8.89 2,01 1 2/1 9/201 8 2,088.92 1 1/27/201 8 Restructure Tra.« 2,21 1. 2,21 1 1[27/201 8 Restructure Principal Tra* 2,1 83. 2,1 1 1 [27/201 8 Restructure Tra.. 2,171 2,1 Shanname: PATRICIA BARREDA 1 2/20/2020 DocuSign Envelope ID: E988B208-F47C-4E4D-9DB5-F1 7359F53880 Opportunity Loan Agreement FUDd mtg. ifigg‘lmle Ba5ic Terms Business [legal] name and trade name: I' Business address and contact person: 2455 SAND CREEK RD STE 112, BRENTWOOD, CA, 94513-7176 MADE PATRICIA BARREDA|(510) 760-5315lbarredaartist©yahoo.com Lender and loan number Loan Amount Interest Loan Fee Funding Loan Opportunity Fund Northern California (including Loan rate date Maturity Loan No. 28066-2 Fee) Date $5711.77 15.9% $212 05/15/2017 5/22/2019 Annual Total of payments: Finance charge: ' Payment Schedule: percentage rate: Amount Borrower will The dollar amount 24 MONTH LY Paymenm of: $281.00 The cost of have paid after making all the credit will cost MON‘n-ILY payment frequency: payment date Borrower's credit payments as schedufed. Borrower. on the 22 of every month. as a yearly rate. $6724.77 $1224.77 Beginning on 06/22/2017. 19.728% _ Loan Amount Disbursement: Method of Payment: New Funds: PATRICIA BARREDA - $4,235.41 ACH, Other (may include: PayNearMe, mail or at our Payoff Existing Loan: OPPORTUNITY FUND - $1,264.59 offices) Loan Secured by: No Collateral Early payment Late payment For loans $10,000 or less, if a payment is 11 days or more late, Borrower may pay without penalty all or a Borrower wlll pay a $10 fee. For Ioans greater than $10,000, if a I portion of the amount owed earlier than it ls due. payment is 11 or more days late, Borrower will pay an amount equal to 5% of the unpaid portion of the principal and interest overdue or $25, whichever is greater.WW Purpose of loan: Guarantor: PATRICIA BARREDA This Loan will be used for the following business purposes: Guarantor: WORKING CAPITAL Co-borrower 1: Summary of Important Loan Terms: Co-borrower 2: Following is a summary of select provisions of this Agreement. Please Limited Guarantor : review the entire Loan Agreement for complete information about the Related dgggmgng; terms of your Loan. If you have any questions, please contract: Personal Guaranty Agmement: Yes 866-299-8173. Business Security Agreement: No a Sets requirements for Borrower’s conduct including use of loan Personal Security Agreement: No proceeds and operation of business Limited Guarantor Security Agreement: No u Requires Borrower to notify Lender of problems in Borrower's ACH Agreement: Yes business Limits Borrower's ability to take on more loans Includes factual representations by Borrower Agreement to Provide Insurance: No Sets out Lender's rights if Borrower fails to pay or perform Statg Reguired Doggmgngg: Provides that Lender may report Borrower obligations and CalCAP borrower Certification: Yes performance under this Agreement to credit reporting agencies - Authorizes Lender to contact Borrower by email, mail and phone including calls and text messages to mobile phones (unless Borrower opts out of mobile phone contact) Fog Spllt Funding Letter: No Acknowledgment of GPS: No O... LgInitia ls: Headquarters - 111 West St John St, Suite 800, San Jose, CA 95113 | T. 866.299.8173 w. opportunltyfund.nrg/loans Branch - 5701 S Eastern Av, Suite 120, City of Commerce, CA Branch - 100 Bush Street, Sulte 1550, San Francisco, CA 94104 2017 vl DocuSign Envelope ID: ESBBBZDB-F47C-4E40-SDBS-F 17359F53380 Opportunity LD_an Agreement Fundafi'hzr ififliépne Signature Page Opportunity Fund of Northem California (“Lender”) is a California nonprofit organization. Our mission is to advance the economic well-being of working people by helping them earn, save and inves‘ in their future. Our Califomia Finance Lender’s Law license number is 6050609. This Loan Agreement consists of the Basic Terms, Terms and Condlfions and this Signature Page. Together they create the Loan Agreement between Borrower and Lender (“Agreement“). By signing, you (the person signing this Agreement on behalf of the Borrower) represent on behalf of the Borrower and its ownerloffioerslpartners that you (1) are an authorized representative of the Borrower with authority to enter into contracts on behalf of Borrower: (2) you are authorized to enter into this Agreement with Lender and to borrow money as described in the Agreement; and (3) the proceeds of the Loan will be used for a business purpose only as specified in the Basic Terms. You certify that the information provided in the Application is complete and accurate and that Lender may consider this information as complete and accurate until you provide Lender with a written notice of a change. You authorize Lender lo verify this information and obtain other information from credit reporting agencies and other third parties including information about you, personally, the Borrower, and any other business owner which Lender deems appropriate in the review or collection of any credit extended. You have received and read the Terms and Conditions and agree to be liable for and pay all amounts due under the Agreement in accordance with the terms of the Agreement. For: MADE Name: PATRICIA BARREDA av: [ Pmadambmfiw Title: Owner Date: 05/15/17 For: Opportunity Fund Northern California Name: MARIA MARTINEZ“W By: Date: 05/15/2017 DocuSign Envelope lD: E98832D8-F47C-4E40-9DBS-F1 7359F53BSO ©pporl'unity working capitalFund for working people 1. Loan 1.1 Loan Lender will loan Borrower the Loan Amount (Including interest and fees) (“Loan”) stated in the Basic Terms. 1.2 Interest Interest on the Loan is a fixed rate as stated in the Basic Terms. Interest will be computed by applying the ratio of the annual Interest Rate over the actual days of the year (actual/actual days), accrued beginning with the day the loan is funded and thereafter at the end of each day, multiplied by the outstanding principal balance and by the actual number of days the principal balance is outstanding. 1.3 Payment Borrower wilI repay the Loan including applicable Interest, Fees and Charges set forth in the Agreement by the dates, in the manner, all as stated in this Agreement Including the Basic Terms, as Borrower and Lender may elect from time to time. 1.4 Payment applicable only for Loans with automatlc credlt/debit card split If Borrower and Lender elect to have Borrower make automatic credit/debit card payments Borrower will enter Into an Agreement with Processor (“Split Funding Letter”) acceptable to Lender that will cause Processor to direct a fraction, specified in the Basic Terms, of the daily proceeds of Borrower's credit/debit card processing to Lender for repayment of this Loan. Borrower wlIl repay the Loan by the dates, in the manner, and with interest, all as stated in the Basic Terms. Payments will be made through the Processor Authorization directly to Lender and any additlonal payments may be made at Lender's address shown above or at such other place as Lender may designate in writing. 1.5 Application of Paymcnts Unless required by applicable law, payments will be applied first to any unpaid collection costs; then to unpaid fees Including late charges; then to any accrued unpaid interest; and then to principal If any payment becomes due on a Saturday, Sunday or a day which is a legal holiday, such payment shall be made on the next business day and any such extension shall be included in computing interest under this Agreement. 1.6 Loan Fee Borrower will pay Lender a Loan Fee as stated in the Basic Terms. The Loan Fee is part of the principal balance of the Loan and will be fully earned at the time the Loan is made and will be deducted from the Loan Amount by the Lender before providing the loan proceeds to the Borrower. The Loan Fee is non- refundable ln whole or in part. Loan Agreement Terms and Conditions 1.7 Late Fee If Borrower is late with a payment, Borrower will pay Lender late fees as stated in the Basic Terms. 2. Borrower's Conduct 2.1 Business Use of Proceeds Borrower will, at all times the Loan is outstanding, continue to engage in a business of the same type it conducts on the date it receives the Loan. Borrower will use all Loan proceeds solely for business purposes, and not for personal, family, household or personal investment purposes. 2.2 No Asset Sales or other Major Changes Borrower wlll not, without Lender's prior written approval, sell, lease, transfer or dispose of substantially all of its assets to another entity, merge with another entity, or begin dissolution proceedings. 2.3 Liens Borrower will not create, assume, or allow any security Interest or lien on any property that Borrower now or later owns except for: (i) liens and security interests in favor of Lender; (ii) liens for taxes not yet due; (iil) liens outstanding on the date of this Agreement disclosed in Borrower’s loan application to Lender; (Iv) liens arising by operation of law; and (v) liens arising in the ordinary course of Borrower's business securing amounts Borrower owes in the operation of its business. 2.4 Compliance; Taxes, Charges, and Liens Borrower will maintain all needed permits and licenses, including those relating to collateral under any related security agreement. Borrower will pay and discharge when due all assessments, taxes, governmental charges, levies, and liens, and all lawful claims that, if unpaid, mlght become a lien or charge upon any of Borrower’s property. 2.5 Books Records and Financial Statements The Business agrees to furnish such information respecting the buslness, assets, and financial condltion of the Business, Including tax returns and financial documents, as Lender may reasonably request from time to time. The Business shall furnish such information as soon as possible, but In any event within thirty (30) days after request. The Business agrees that the Lender in its discretion may obtain a credit bureau report on the Business and any Guarantor in order to evaluate the Loan. The Business also agrees that the Lender may exchange information about the Business and the Guarantor and their obligations under this Agreement with Business references, other businesses or any Guarantor, and credit reporting agencies and may confirm any information provided by the Business. 2.6 Addltlonal Loans or Cash Advances DocuSign Envelope ID: E98382D8-F4TC-4E40-QDBS-F17359F53380 ©pportunify working capitalFU"d for working people Borrower will not borrow money from‘ other sources, or enter into capital leases or cash advances without Lender's prior written approval. 2.7 Inspectlon Borrower will permit Lender, upon reasonable notice, to inspect Borrower’s facilities and property, including the collateral under any related security agreement, and inspect, audit, and make copies of Borrower's books and records. 2.8 Insurance If Borrower enters into a Security Agreement in connection with this Loan, Borrower agrees to keep the Collateral described in the Security Agreement Insured against all risks including fire, theft and liability as stated in the Security Agreement. 2.9 Notice to Lender Borrower will promptly notify Lender of (a) any material change to Borrower's financial condition, such as loss of key personnel or important contract; (b) any legal or regulatory action or investigation agalnst Borrower that could reasonably be expected to have a material adverse effect 0n Borrower; (c) any Event of Default or any event that with lapse of time would constitute an Event of Default; (d) any change in Borrower’s principal place of business, business or residence address or telephone number or (e) any Change in Business principals. 2.10 For Loans with automatic credit/debit card split Continue to process credit/debit cards, using Processor acceptable by Lender, in the normal course of business at least at the same level observed prior to Lender extending this Loan. Borrower will not disconnect damage or cause any processing disruptions, knowingly or unknowingly or discourage use by its customers of credit/debit cards in any transactions. 3. Borrower Problems and Lender Rights 3.1 Events of Default Any one or more of the following events will constitute an Event of Default: (a) Borrower fails to make any interest or principal payment under this Agreement within ten days after it is due or payment on any other indebtedness or liability of Borrower to Lender when due or owing to Lender; (b) Borrower fails to comply with any business conduct obligations or any other material provision of this Agreement (other than payment), and fails to correct it to Lender's reasonable satisfaction within ten days after receipt of notice of breach from Lender; (c) Borrower makes a material misrepresentation in any application, financial statement, tax return, or document Borrower delivers or other communication Borrower makes to Loan Agreement Terms and Conditions Lender; (d) Borrower or any Guarantor dies, becomes insolvent, or dissolves, llquidates, ceases to engage in operatlons, or commences or suffers any proceeding under any bankruptcy or insolvency law; (e) There occurs a material adverse change in Borrower's financial condition, ability to operate, ability to perform Its obligations under this Agreement, or in the value of any collateral under any related Security Agreement, or Lender believes in good faith the prospect of payment or performance of Its obligations is Impaired; (f) Any other creditor of Borrower or any governmental agency accelerates the debt or begins foreclosure or forfeiture proceedings against any property owned by Borrower; (g) This Agreement, or any Security Agreement or Guaranty Agreement relating to this Agreement, becomes void or unenforceable, or any such Security Agreement fails to create a valid and perfected security Interest In the Collateral described In such Security Agreement; (h) Borrower fails to keep the collateral insured as required under Section 2.8; (l) Breach of any term or condition of any agreement which secures 0r guaranties the Loans or set forth any terms or conditions relating to the Loans, or any representation by the Business or any Guarantor in any such agreement is untrue in any material respect. 3.2 Additional Events of Default applicable to Loans with automatic credit/debit card split In addition to the events in 3.1 any one or more of the following events will constitute an Event of Default: (a) amend or terminate credit/debit card processing relationship with Processor, (b) amend or terminate Split Funding Letter (c) enter into any contractual relationship with any other Processor for the maintenance, servicing or discounting of Borrower’s credit card receivables; (d) open or change the bank account where credit card settlement proceeds are deposited; (e) permit the balance in the bank account to be, at any time, less than Total of Payments divided by Term (In months) of this Loan; (f) cause processor stops payments to Lender due to any actions or inactions by Borrower until the full amount of the loan has been paid in full. 3.3 Remedies Upon Default If an Event of Default exists, Lender may, at Its sole discretion, do any one or more of the following: (a) Increase the interest rate on the Loan by the lesser of 5% plus the Interest rate stated in the Basic Terms or the maximum increase permitted by law; (b) Terminate this Agreement and declare the outstanding balance of the Loan, and all unpaid interest, immedlately due and payable; (c) Exercise any and all of its rights and remedies under any security agreement or guaranty relating to this Agreement; and (d) Exercise any other rights and DocuSign Envelope ID: EQBBBZD8~F47C-4E40-9DBS-F17359F53580 .pporl'unify working capitalFund for working people remedies it may have under this Agreement or under applicable law. Lender’s rights and remedies under this Agreement and all other agreements will be cumulative. Lender’s exercise of one right or remedy, either In part or in full, will not be deemed an election of or waiver of any other right or remedy. 3.4 Borrower Waiver Borrower waives presentment, demand, notice of dishonor, protest, notice of protest and all other demands, protests and notices in connection with the execution, delivery, performance, collection and enforcement of this Agreement. 3.5 Obligations of Married Persons Any married person who signs this Agreement expressly agrees that recourse may be had against both hi5 or her separate property and community property in respect of his or her obligations under this Agreement. 4. Representations and Warranties Borrower represents and warrants to Lender the following: 4.1 Accurate information Borrower’s application for the Loan, and any financial statements, tax returns, or other document or Information given by Borrower to Lender, are true, accurate, and complete fairly present the Business's financial condition as of such date and result of the operations, all in accordance with generally accepted accounting principles consistently applied, and since the application date there has been no materlai adverse change in the Business's condition or operations. Borrower acknowledges that Lender relied upon such information in deciding to make the Loan. Within ten days after written notice by Lender, Borrower shall execute any necessary documents requested by Lender to correct any typographical error in the Loan Agreement, Security Agreement, Guaranty, DMV Power of Attorney or any other documents relating to this Loan Agreement. 4.2 Properties Except as disclosed to Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good and marketable title to all of Borrower's properties, including, without limitation, all collateral under any related security agreement, free and clear of all liens and security interests, and all such properties are titled solely in Borrower's name. 4.3 No Conflict; Approvals Loan Agreement Terms and Conditions Borrower's entry into and performance of the Agreement will not result in a breach or default under any contract (including any other loan agreement) or law by which Borrower is bound. The execution, delivery, and performance by the Business of this Agreement are within its corporate, organizational, LLP, limited liability company or partnership powers, as applicable and Borrower has obtained all necessary approvals from third parties as may be required for It to enter into and perform this Agreement. 4.4 Enforceable Agreement The Borrower is a business entity (a corporation, partnership, sole proprietorship, LLP or limited liability company, limited liability partnership, S corporation or non-profit, as indicated on the application), duly organized, validly existing, and in good standing under the laws of its state of its organization. This Agreement has been duly signed and delivered by Borrower and is the legal, valid, and binding obligation of Borrower, enforceable against It in accordance with its terms. 4.5 Adverse Matters Except as disclosed to Lender, the Borrower’s taxes are current and there is no pending, or to Borrower's knowledge threatened, litigation, proceeding, or other event concerning Borrower that could be expected to have a materially adverse effect on Borrower. 5. Relationship 5.1 Relationship Generally Borrower acknowledges that conduct of Borrower and its employees and agents, and any other legal obligations of Borrower, are the sole responsibility of Borrower. This Agreement and its performance will not create a partnership, joint venture, fiduciary, or similar relationship between Borrower and Lender. 5.2 Computations Borrower acknowledges that Lender's records relating to the Loan, including, without limitatlon, those relating to payments and interest computations, will be deemed correct and binding on Borrower. 5.3 Indemnification Borrower will defend, indemnify, and hold Lender, and its directors, officers, employees, agents, and affiliates (collectively “Lender Parties"), harmless from and against any and all third party claims and expenses, including, without limitation, reasonable attomeys' fees and expenses, which any Lender Party may suffer and which arise directly or indirectly from any breach by Borrower of its obligations under this Agreement, conduct by Borrower of its business, or any other act or omission by Borrower. Borrower DocuSign Envelope ID: E98882D8-F47C4E40-9DBS-F17359F53880 .pportunify working capitalFund for working people will have no obligation to indemnify Lender to the extent the liability is solely caused by Lender’s gross negligence or willful misconduct. Lender’s parties are express third party beneficiaries of this Section 5.3. 5.4 Credit Information and Reporting Borrower authorizes Lender to investigate Borrower’s creditworthiness and to receive credit information about Borrower, as many times as necessary from other lenders, credit reporting agencies, credit references, and other sources. Lender may also furnish infomation about this Loan to credit reporting agencies and other persons who may legally receive such information. Borrower acknowledges that the Loan amount will appear on Borrower's credit report, and that Lender may submit a negative credit report to credit reporting agencies if Borrower fails to fulfill the terms of its credit obligations under this Agreement. 5.5 Monitoring, Recording and Solicitations (a) Borrower authorizes Lender and Lender’s affiliates, agents and independent contractors to contact Borrower at any telephone number Lender may reach Borrower, using any means of communication, including, without limitation, calls or text messages to mobile, cellular wireless or similar devices, and calls or text messages using an automated telephone dialing system and prerecorded messages, even if Borrower Incurs charges for receiving such communication; (b) Borrower agrees that Lender and Lender’s affiliates, agents and independent contractors may use any other medium to contact Borrower, as permitted by law, including, without limitation, mail, e-mail and facsimile; (c) Borrower is not required to agree to sections (a) and (b) in this Section 5.5. If Borrower wishes to opt out of either or both of these sections, or if Borrower wants to change Lender’s method of contact, including any telephone number that Lender might use, Borrower should call Lender at 866-299-8173 or write to Lender at: Loan Operations Customer Service, 111 West Saint John St, Suite 800, San Jose, CA 95113. 5.6 Future Funding Borrower understands and agrees that Lender will not be, as a result of this Agreement, obligated to provide future loans or other support to Borrower. 5.7 Multiple Borrowers; Guarantors If there are multiple Borrowers under this Agreement, then all obligations of any Borrower under this Agreement will be joint and several, and all references to Borrower will mean each and every Borrower. In addition, if there are multiple Borrowers or any guarantors, each Borrower understands and agrees that Lender may, with respect to any other Borrower or any guarantor, deal with such persons on any terms Lender may choose, includlng Loan Agreement Terms and Conditions demanding performance, mking enforcement action, changing repayment terms, enforcing or releasing security, or releasing them from obligations, all without releasing or limiting the obligations of any other Borrower or guarantor. 5.8 Consent of Use of Electronic Signature Borrower consents and agrees that its use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service Lender offers or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions shall be of the same legal effect, validity and enforceability as a manually executed signature subject to the Federal Electronic Signatures In Global Commerce Act and any state law governing electronic signatures and records. Further, Borrower agrees that Lender does not accept responsibility for the authenticity of any such signature and will not be liable for any loss, expense or cost arising out of any fraudulent or unauthorized signature and that no certification authority or other third party verification is necessary to the validity of Borrower’s electronic signature. The lack of such certification or verification will not in any way affect the enforceability of Borrower’s signature or any resulting contract between Borrower and Lender. 6. General Provisions 6.1 Entire Agreement; Amendment This Agreement, together with any security agreement relating to this Agreement, expresses the final, complete, and exclusive agreement between Lender and Borrower, and supersedes all prior or contemporaneous communications, representations, understandings, and agreements, either oral or written, relating to the lending relationship set out in this Agreement. This Agreement may be amended only as stated in a written document signed by both Lender and Borrower which states that it is an amendment to this Agreement. 6.2 Further Assurances Borrower will sign those other documents and take those other actions as Lender may request in order to effect the relationships and activities contemplated by this Agreement and any related security agreement. 6.3 Successor and Assigns This Agreement will bind and insure to the benefit of the respective successors and assigns of each of Borrower and Lender. Borrower will not, directly or indirectly by way of merger or consolidation, assign its rights or delegate its duties under this Agreement without Lender's prior written approval. Lender may, without the consent of Borrower, assign or grant participation rights in all or any portion of its rights DocuSign Envelope ID: EQBBBZDB-F4TC-4E4D-9D85-F17359F53380 ©pporfuni1'y working capitalFund for working people under this Agreement to one or more financial institutions or an agent of such financial institutions. In connection with this assignment, Lender may disclose all documents and information that Lender has or may later have relating to Borrower. 6.4 Severability; Waiver If any provision in this Agreement is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modlfied so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not be considered a waiver of any later breach or of the right to enforce any provision of this Agreement. 6.5 No Presumption Against Drafter This Agreement will be construed without regard to any presumption or rule requiring construction against the party drafting the Agreement. 6.6 JURY TRIAL WAIVER TO THE EXTENT PERMITI'ED BY LAW, EACH OF LENDER AND BORROWER, AFI'ER CONSULTING (0R HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF ITS, HIS OR HER CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT 0F BOTH PARTIES, WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT 0F LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OTHER DOCUMENT, INSTRUMENT, OR AGREEMENT BETWEEN LENDER AND BORROWER. Loan Agreement Terms and Conditions 6.7 Attorney's Fees and Costs of Enforcement If there ls any mediatlon, arbitration or legal action to enforce or interpret this Agreement, then the prevailing party wIll be entitled to recover from the non-prevailing party all costs and expenses, Including reasonable attorneys’ fees and c053, incurred in the action or proceeding. Attorneys’ fees and costs will include paralegal fees, expert witness fees, copy and delivery costs, and all other costs and expenses. Borrower will, upon demand, immediately reimburse Lender for all costs and expenses, including attorney fees, Incurred by Lender in collecting, enforcing or restructuring Borrower’s obligations under this Agreement. 6.8 Governing Law; Jurisdiction This agreement will be governed by California law. Borrower consents to the exclusive jurisdiction of the state and federal courts for Santa Clara County, California. 6.9 Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. Transmission by fax or PDF of executed counterparts constitutes effective delivery. 6.10 Addltlonal Information For additional information regarding the Lender, contact the Department of Business Oversight, State of California. DocuSign Envelope ID: EQBBBZDB-F47C-4E40-QDBS-F1 7359F53380 Personal Guaranty Agreement ©pportunify working capitalFUnd for working people Basic Terms Guarantofnifie: _ PATRICIA BARREDA Guarantor address and contact information: 2455 SAND CREEK RD STE 112, BRENTWOOD, CA. 9451 3-71 76 PATRICIA BARREDA|(510) 760- 531 5|barredaartist@yahoo.com Borrower name: MADE Guarantor relationship to Borrower: Owner Loan Agreement, dated as of 05/15/2017, between Borrower and Opportunity Fund Northern California (“Lender") Loan amount: $5500 Due date: 5/22/2019 Loan number: 28066-2 Capitalized terms used in this Guaranty and not the Loan Agreement. Personal Security Agreement relating to thls Guaranty: No Loan Agreémentrto which this agreement relates: othennrise defined have the meanings glven them in Purpose of this document: - Provides that Guarantor will guaranty repayment by Borrower under the Loan Agreement o Provides that Guarantor will guaranty performance of all other duties of Borrower under the Loan Agreement and any related security agreement a Includes faciual statements by Guarantor about its relafionship with Borrower a Provides for waiver by Guarantor of certain ri§hts under law a Provides Lender with other rights This summarizes selected provisions of this agreement. It is intended to serve as a communications tool and, as such, does not cover every term. LIB Pb Initials: The person/company identified above as “Borrower” wishes to borrow money from Opportunity Fund Northern California ("Lender”) under a Loan Agreement ("Loan Agreement”). of the date and amount set out above, to be signed concurrently with this Guaranty Agreement (“Guaranty"). Guarantor has a relationship with Borrower as described above and will benefit from Borrower's entry into the Loan Agreement. In order to induce Lender to enter into the Loan Agreement and make the Loan to Borrower, Guarantor desires to guaranty payment and performance by Borrower of its repayment and other obligations under the Loan Agreement and any related security agreement, on the terms. including waivers of statutory and other rights. set out in this Guaranty. Capitalized terms used in this Guaranty and not otherwise defined have the meanings given them in the Loan Agreement. By signing below, Guarantor confirms that Guarantor understands and agrees to the terms of this Guaranty. Headquarters - 111 West St John St, Suite 800, San Jose. CA 95113 | T. 866.299.8173 w. opportunitvfund.org/loans Branch - 5701 S Eastern Av, Sulte 120, City of Commerce, CA Branch - 100 Bush Street, Suite 1550, San Francisco, CA 94104 2017v1 DocuSign Envelope ID: E98832D8-F47C-4E40-9D35-F17359F53380 .pporfunify Personal Guaranty Agreement Fundw°"""“a""a‘ Signature Page for working people Opportunity Fund is a California nonprofit organization. Our mission is to advance the economic well- being of working people by helping them earn, save and invest in their future. Opportunity Fund of Northern California is a licensed lender under the California Finance Lender's Law. Our Callfornla Finance Lender’s law license number 6050609. This Guaranty Agreement, which consists of the Guaranty Agreement Basic Terms, Terms and Conditions, and Exhibit A and this Signature Page (collectively, “Agreement"), creates a binding agreement between Borrower and Lender, and secures Borrower’s obligations to Lender under the Loan Agreement identified above. By signing below, Borrower confirms that Borrower understands and agrees to the terms of this Agreement. PATRICIA BARREDA Name: [?Wfiflmem m... um a-u mun». Title: Owner Date: 05/15/17 For: Opportunlty Fund Northern California Name: MARIA MARTINEZ ' WM ‘--67D28083D723480... Date: 05/15/2017 By: DocuSign Envelope ID: ESBBBZDB-F4TC-4E40-9DB5-F17359F53B80 .pporl'unify workin capitalFund for wor ing people 1. Guaranty 1.1 Payment and Performance Guarantor unconditionally and without limitation guarantees full and punctual (i) payment and satisfaction of a1] of Borrowex’s payment obligations under the Loan Agreement and [ii] performance and discharge of all of Borrower's other duties under the Loan Agreement and any related Security Agreement (collectively, “Guaranteed Obligations"). This is an open and continuing guaranty of payment and performance and not of collecfion. 1.2 Effectiveness and Duran'on This Guaranty will be effective upon signature by Guarantor. No formal accepmnce by Lender is necessary to establish or confirm such effectiveness. This Guaranty will continue in full force until all the Guaranteed Obligations are fully and finally paid. performed and discharged in full. 2. Guarantor Relationships and Actions 2.1 Benefitto Guarantor Guarantor acknowledges and confirms that Guarantor has derived or expects to derive a financial or other advantage from flie Loan from Lender to Borrower under the Loan Agreement, and from every renewal, extension, release of collateral, and other release or change of legal rights made, now or in the future, relating to the Loan Agreement and any related Security Ayeement. 2.2 Information about Guarantor Guarantor will be responsible for obtaining information about Borrower’s financial condition and of all other circumstances bearing on the risk of nonpayment of the Guaranteed Obligations and the nature, scope, and extent of the risks that Guarantor assumes under this Guaranty. 2.3 No Representations by Lender Guarantor acknowledges and agrees that [a] Lender has not made any representations or assurances to Guarantor about the creditworthiness of Borrower or that would limit or qualify any of the terms of this Guaranty, [b] Guarantor has adequate means of obtaining from Borrower on a continuing basis information regarding Borrowel’s financial condition, and [c] Lender will have no duty to advise Guarantor ofinformation known to it regarding Borrower or such circumstances and risks. 2.4 Financial and Other luformatim: Guarantor will provide Lender with Guarantor’s tax return and such other financial information and documents as Lender may reasonably request. Guarantor will notify Lender of any material changes in its relationship with Borrower and of any events or developmenS that may reasonably be expected to have a material adverse effect on Guarantor’s financial condition. 2.4- Representations and Warranu‘es Guarantor represents and warrants to Lender that: [i] its entry into and performance of the Guaranty. and any Security Agreement relating to this Guaranty, will not result in a breach or default under any contract [including any loan agreement) or law by which Guarantor is bound: (ii) Guarantor has obtained all necessary corporate, limited liability company, Personal Guaranty Agreement Terms and Conditions organizational, LLP or partnership' action, that it as applicable. for it to enter into and perform this Guaranty and does not conhavene the Guarantor's charter, articles of incorporation or by-laws (if a corporation], articles of association or operating agreement (if a limited liability company or LLP or unincorporated organization) or partnership agreement (if a partnership) or any law or contractual restriction binding on or affecting the Guarantor; (iii) this Guaranty has been duly executed by Guarantor and is the legal, valid, and binding obligation of Guarantor, enforceable against it in accordance with is terms. 2.5 Subordination Guarantor confirms and agrees that any indebtedness of Borrower now or later owed to Guarantor and any claim Guarantor may have against Borrower is expressly subordinated to the Guaranteed Obligations. In the event of insolvency and liquidation ofthe asses of Borrower, Guarantor agrees that the asses of Borrower applicable to the payment of the claims of both Lender and Guarantor will be paid first to Lender and will first be applied by Lender to the Guaranteed Obligations. 2.6 Credit Information and Reporting Guarantor authorizes Lender in its discreu'on to investigate Guamntor’s creditworthiness and to receive credit information about Guarantor, as many times as necessary from other lenders, credit reporting agencies, credit references, and other sources. Lender may also furnish information about the Guarantor and this Guaranty to credit reporting agencies and other persons who may legally receive such information. Guarantor acknowledges that the Loan amount will appear on Guarantor’s credit report, and that Lender may submit a negative credit report to credit reporting agendas if Guarantor fails to fulfill the terms of its obligations under this Guaranty. 3. Lender Rights and Enforcement 3.1 Lender Rights to Enforce Lender may enforce this Guaranty, and its rights under any Security Ageement relating to this Guaranty. against Guarantor even when Lender has not made a demand on Borrower or exhausted Lender’s remedies against Borrower, the collateral under any Security Agreement relating to the Loan Agreement ("Collateral"). any other guarantors, or anyone else that may he obligated to pay and perform the Guaranteed Obligations. The obligations of Guarantor are independent of the obligations of Borrower or of any other guarantor to Lender. By way of example but not of limitation: (i) Lender may bring a separate action against Guarantor, whether or not it brings an action against Borrower or joins Borrower in any acfion commenced; (ii) Lender may enforce this Guaranty upon the occurrence and during the continuance of an Event of Default notwithstanding the existence of any dispute between the Borrower and Lender with respect to the existence of such Event of Default; (iii) Lender may enforce this Guaranty whether or not the Guaranteed Obligations are due or payable by Borrower on: (a) the death, dissolution, insolvency, or business failure of, or any commencement of bankruptcy or insolvency proceedings against Borrower or Guarantor; or. (b) the appointment of a receiver for, or the attachment, resu-aint of, or making or levying of any court order or legal process affecting, the property of Borrower or Guarantor; [c] Lender may bring a separate action against Guarantor, whether or not DocuSign Envelope ID: E983BZDB-F47C-4E4D-QDBS-F17359F53880 ©pporl'uni1y workln capital Furld for wor ing people it brings an action against any other guarantor of the Guaranteed Obligations, or joins any other guarantor in _any action commenced; (d) The Guarantor agrees that the Guarantor shall be and remain liable for any deficiency remaining after foreclosure of any mortgage or Security Agreement securing the Guaranteed Obligations, whether or not the liability of Borrower or any other obligor for such deficiency is discharged pursuant to statute or judicial decision. 3.2 Lender Actions Guamntor acknowledges and agrees that Lender may take actions relating to the Borrower, the Guaranteed Obligations, and the Collateral, and that Lender has no obligafion to notify Guarantor or obtain Guarantor’s consent to such actions. Such acfions include, without limitafion: [i] making additional loans to Borrower or otherwise extending additional credit to Borrower; (ii) renewing, extending, accelerating, and otherwise changing the time far payment or performance of the Guaranteed Obligations; (iii) mcdifying any other terms of any of the Loan Documents, including changing the applicable interest rate; (iv) taking and holding additional security for the Guaranteed Obligations; (v) perfecting ls interest in the Collateral or any new security, or exchanging, enforcing. waiving. or releasing all or any part of the Collateral or such additional security; [vi] purchasing all or any part of the Collateral at a public or private sale with or without the substitution of new collateral; [vii] releasing, substituting, agreeing not to sue, or dealing with any one or more of Borrower's endorsers, other guarantors, and other obligors under the Loan Agreement; (viii) determining how, when, and what application of paymenm and credits will be made on the Guaranteed Obligau'ons: (ix) selling. transferring, assigning or granting participations in all or any part of the Guaranteed Obligafions; and [x] assigning im rights under the Loan Agreement and any related Security Agreement or other guaranty. Guarantor confirms and agrees that no such actions will impair, limit or otherwise affect Guarantor’s obligations under this Guaranty. 3.3 Payment Upon demand by Lender, Guarantor will make any paymenm in respect of the Guaranteed Obligations m Lender, in msh or by check ur wire transfer in same-day funds, without set-off, deduction or counterclaim. and will otherwise perform or cause to be performed all other Guaranteed Obligations. 3.4 Multiple Guarantors If there are multiple guarantors in respect of the Loan Agreement, the obligations of all such guaranmrs will be joint and several. Lender‘s righs under all guarantees will be cumulative. Nothing in this Guaranty will impair, limit, or otherwise affect such other guarantees. 3.5 Obligations ofMarried Persons Any married person who signs this Guaranty expressly agrees that recourse may be had against both his or her separate property and community property in respect of his or her obligations under this Guaranty. 4-. Waivers by Guarantor 4.1 Intent and Acknowledgnenm Guarantor confirms. acknowledges and agrees as follows: Personal Guaranty Agreement Terms and Conditions (i) Guarantor confirms that the intent of this Guaranty is to waive, to the extent permitted by law, provisions and principles of California law relating to guarantor protections, including, without limitation, those provided by California suretyship, guaranty and anti-deficiency laws, and those included in the California Commercial Code; (ii) Guarantor understands that these are unconditional and irrevocable waivers of substantive rights and defenses, and that such waivers are reasonable and not contrary to public policy or law; (iii) Guarantor acknowledges that Guarantor has provided these waivers of rights and defenses with conditions and with the intenfion that they be fully relied and acted upon by Lender, and understands and agrees that this Guaranty is a separate and independent contract between Guarantor and Lender. For clarity, any references in this Section 4 to “Lender" refers to Opportunity Fund Northem California, and references to "guarantor" and "borrower” refer to the defined terms "Guarantor” and “Borrower." 4.2 Right to Require Performance To the fullest extent permitted by law, Guarantor waives the right to require Lender to: (i) give notice ofany kind. including. without limitation, notice of change of any terms of the Loan Agreement or any related security agreement, occurrence of an Event of Default. breach by any other guarantor, creation of new or additional indebtedness, or the terms. time. and place of any sale of the Collateral, or to make any presentment, protest or demand of any nature; (ii) proceed against Borrower or any other person liable in respect of the Loan Agreement; [iii] proceed against or exhaust the Collateral nr any other security granted by Borrower or any other person before proceeding against Guarantor; (iv) have the property of Borrower first applied to the discharge of the Guaranteed Obligations; and (v) pursue any other remedy in Lender’s power. 4.3 Defenses To the fullest extent permitted by law, Guarantor waives any and all rights or defenses arising by reason of: (i) any defense of Borrower or any other guarantor or other person other than payment and performance in full of the Guaranteed Obligations; (ii) the termination from any cause whatsoever, other than payment in full, of the Guaranteed Obligations; (iii) the application of the proceeds of the Guaranteed Obiigations by Borrower for purposes other than those required by the Loan Agreement or otherwise understood by Guarantor or Lender; (iv) the absence, impairment, or loss of any right of reimbursement, contribution, or subrogation, or any other right of Guarantor against Borrower, the Collateral, or any other security, whether resulting from the election by Lender or otherwise; (v) any statute of limitations in any action under this Guaranty or in respect of the Loan Agreement; (vi) any modification or change in terms of the Loan Agreement or any related security agreement or any recission of such a modification; (vii) any defense arising under the federal bankruptcy laws; (viii) any other defenses that become available to Guarantor by reason of California Civil Code Sections 2787-2855 inclusive: and (ix) any defenses that may arise as a result ofany choice of remedies made by Lender. 4.4 Legal Rights and Benefits DocuSign Envelope ID: EQBBBZDB-F4TC-4E40-9DB5-F17359F53B80 .pporl'unify workin capitalFund for wor Ing people To the fullest extent permitted by law, Guarantor waives all rights and benefits: (i) of subrogation. reimbursement. indemnification, and contribution and any other rights that become available to Guarantor by reason of California Civil Code Sections 2787-2855 inclusive; (ii) any right of subrogation to any right that Lender now has or may have later against Borrower in connection with the Guaranteed Obligations and any benefit of, and any right to participate in, any Collateral or other security now or later held by Lender in respect of the Guaranteed Obligations until the Guaranteed Obligafions has been paid in full, including any part of the Guaranteed Obligations, if any, that exceeds Guarantor’s liability under this Guaranty; (iii) any rights that may arise as a result of choice of remedies made by Lender; (iv) any rights under California Civil Code Section 2809, which provides that a guarantors obligau'ons may not exceed nor be more burdensome than the principal obligation; and (v) without limiting the generality of the foregoing or any other provision ofthis Guaranty, any rights under California Civil Code Sections 2899 and 3433. to the extent these provisions have any application to this Guaranty or the Guarantor. 4.5 Real Property Security To the extent permitted by law, Guarantor waives all rights and defenses that Guarantor may have because the Borrower's debt is secured by real property. This means, among other things: (i) The Lender may collect from the Guarantor wiflaout first foreclosing on any real or personal property collateral pledged by the Borrower; (ii) if the Lender forecloses on any real property collateral pledged by the Borrower, (x) the amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price; and (y) the Lender may collect from the Guarantor even if the Lender, by foreclosing on the real property collateral, has destroyed any right the Guarantor may have to collect from the Borrower; this is an unconditional and irrevocable waiver of any rights and defenses the Guarantor may have because the Borrower's debt is secured by real property; these rights and defenses include, without limitation. any rights or defenses based upon Section 5303, 580b, 580d, or 726 of the California Code of Civil Procedure; and (iii) the Guarantor waives all rights and defenses arising out of an election of remedies by the Lender, even though that election of remedies, such as a non-judicial foreclosure with respect to security for a guaranteed obligation, has destroyed or may destroy the Guarantor's rights of subrogation and reimbursement against the principal by the operation of Section 580d ofthe Code of Civil Procedure or otherwise. 4-.6 Insider Guarantor is a director, officer, shareholder, member, manager or person in control of Borrower, or a relative of such person, and as such, may be deemed to be an “insider" as defined in 11 United States Code §101. Guarantor expressly waives and agrees not to assert any claim (as defined in §101) that Guarantor has or may have against Borrower for any payment or transfer that Guarantor is obligated to make to Lender under this Guaranty or under any other agreement with a Lender of Borrower. Guarantor‘s obligations under this Guaranty include all amounts paid to Lender by Borrower that may be later recovered from Lender in a legal proceeding. 5. General Provisions Personal Guaranty Agreement Terms and Conditions 5.1 Enflre Agreement; Amendment This Guaranty, together with the any Security Agreement relating to this Guaranty. expresses the final, complete, and exclusive agreement between Lender and Guarantor, and supersedes all prior or contemporaneous communications, representations, understandings, and agreements. either oral or written, relating to the guaranty arrangement set out in this Guaranty. This Guaranty may be amended only as stated in a written document signed by both Lender and Guarantor which states that it is an amendment to this Guaranty. 5.2 Successors and Assigns (i) Guarantor agrees that it shall cause this guaranty to be unconditionally binding upon any successor[s] to its interests regardless of (a) the reorganization, merger, or consolidation of Guarantor or Borrower into or with another entity, corporate or otherwise, or the liquidation or dissolution of Guarantor or Borrower, or the sale or other disposition of all or subsmntially all of the capital stock, business, or assets of Guarantor or Borrower to any other person or party, or (b) the institution of any banlmlptcy, reorganization, insolvency, debt agreement, or receivership proceedings by or against Guarantor or Borrower, or adjudication of Guarantor or Borrower as a bankrupt. The Guarantor shall notify the Lender if any of the foregoing events occur during the term of this Guaranty. Guarantor will not, directly or indirectly by way of merger or consolidation, assign its rights or delegate its dufies under this Guaranty without Lender's prior written approval; (ii) The Lender may, without any notice whatsoever to any one, sell, assign or transfer the Agreement and or all of the Guaranteed Obligations. or any part thereof, and in that event each and every immediate and successive assignee, transferee, or holder of the Agreement and or all or any part of the Guaraneeed Obligations, shall have the right to enforce this guaranty, by suit or otherwise, for the benefit of such assignee, transferee, or holder as fully as if such assignee, transferee, or holder were herein by name specifically given such rights, powers and benefits. Lender may, without the consent of Guarantor, assiyl or grant participation righB in all or any portion of its righm under this Agreement to one or more financial institutions or an agent of such financial institutions. ln connection with this assignment, Lender may disclose all documents and information that Lender has or may later have relating to Guarantor. 5.3 Severability;Waiver [f any provision in this Guaranty is held invalid 01' unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Guaranty must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Guaranty will not be considered a waiver of any later breach or of the right to enforce any provision of this Guaranty. 5.4 No Presumptlon Against Drafter This Guaranty will be construed without regard to any presumption or rule requiring construction against the party drafting the Guaranty. 5.5 JURY TRIAL WAIVER T0 THE EXTENT PERMITTED BY LAW, EACH 0F LENDER AND GUARANTOR, AFTER CONSULTING [0R HAVING HAD THE OPPORTUNITY T0 CONSULT} WITH COUNSEL 0F ITS, HIS OR DocuSign Envelope ID: EQBBBZDS-F47C-4E40-SDB5-F17359F53BBO ©pportuni'ly workin capitalFund for wor lng people HER CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF BOTH PARTIES, WAIVES ANY RIGHT T0 TRIAL BY IURY IN THE EVENT OF LITIGATION ARISING OUT 0F 0R RELATED T0 THIS GUARANTY 0R ANY OTHER DOCUMENT, INSTRUMENT. OR AGREEMENT BETWEEN LENDER AND GUARANTOR. 5.6 Attorney‘s Fees; Cosm of Enforcement If there is any mediation, arbitration 0r legal action to enforce or interpret this Agreement, then the prevailing party will be entitled to recover from the non-prevailing party all costs and expenses, including reasonable attomeys' fees and costs, incurred in the action or proceeding. Attorneys’ fees and costs will include paralegal fees, expert witness fees. copy and delivery costs, and all other costs and expenses. Guarantor will, upon demand, immediately reimburse Lender for all cosm and expenses, including attorney fees, incurred in collecting, enforcing or restructuring Guarantor's obligations under this Guaranty. 5.7 Governing Law; Jurisdiction This Guaranty will be governed by California law. Guarantor consents to the exclusive jurisdiction of the state and federal coum for Santa Clara County, California. 5.8 Counterparts Personal Guaranty Agreement Terms and Conditions This Guaranty may he executed in one or more counterparts. each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. Transmission by fax or PDF of executed counterparts constitutes effective delivery. 5.9 Consent ofUse of Elemonic Signature Guarantor consents and agrees that its use of a key pad. mouse or other device to select an item, button, icon or similar act/acu'on while using any electronic service Lender offers or ln accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions shall be of the same legal effect, validity and enforceability as a manually executed signature subject to the Federal Electronic Signatures in Global Commerce Act and any state law governing elecmmic signatures and records. Further, Guarantor agrees that Lender does not accept responsibility for the authenticity of any such signature and will not be liable for any loss, expense or cost arising out of any fraudulent or unauthorized signature and that no certification authority or other third party verification is necessary to the validity ofyour electronic signature. The lack of such certification or verification will not in any way affect the enforceability of Guarantor’s signature or any resulting contract between Guarantor and Lender. . . . E v . ~ 3 5} : . 8 . . i - | . . . . . = 1. fin anm E F F ! Certificate Of Completion Envelope Id: E98332D8F47C4E409085F17359F53380 Subject: Please DocuSign this document: PATRICIA BARREDA Loan Documents Source Envelope: Document Pages: 16 Supplemental Document Pages: O Certificate Pages: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-O8:OO) Pacific Time (US & Canada) Record Tracking Status: Origlnal 511212017 3:03:58 PM Signer Events Maria Martinez man'a@opportunityfund.org Loan Funding Specialist Opportunity Fund Securlty Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: PATRICIA BARREDA barredaartist@yahoo.com Security Level: Email, Account Authentication (None). Authentication Authentication Detalls ID Check: Transach‘on: 23020892828770 Result: passed Vendor ID: LexisNexis Type: iAuth Recipient Name Provided by: Recipient information Provided for ID Check: Address, SSNQ, SSN4. DOB Performed: 5/15/2017 2:45:10 PM Electronic Record and Signature Disclosure: Not Offered vla DocuSign ID: In Person Slgner Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Signatures: 7 Initials: 2 Payments: O Holder: Maria Martniez maria@opportunttyfund.org Signature Dwuflmud by: Maria MIMI; I‘VDZBOBSDTM. . Using IP Address: 50.235. 1 20.1 38 Pmflflambmem WWW. . Uslng IP Address: 99.633120 Question Details: passed person.age.real passed county.lived.single.real passed corporate.assoclation.real passed person.city.real passed domainname.association.fake passed propeny.street.in.ofly.real Signature Status Status Status Status Status Docugfm Status: Completed Envelope Originator: Maria Marlniez 1095 Market St San Francisco. CA 94103 maria@opportunltyfund.org IP Address: 50.235.120.138 Location: DocuSlgn Timestamp Sent: 5/12/2017 3:09:05 PM Viewed: 5/1 2/2017 3:09:27 PM Signed: 5/1 5/201 7 9:28:48 AM Sent: 5l12/2017 3:09:05 PM Vlewed: 5115/2017 2:45:17 PM Signed: 5/1 5I2017 2:48:05 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Carbon Copy Events Status madieu shyllon madieu@opponunltyfimd.org coPIED Loan Consultant Opportunity Fund Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn ID: Notary Events Envelope Summary Events Status Envelope Sent HashedIEncrypted Certified Delivered Securlty Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Timestamp Sent: 5/1 2/2017 3:09:05 PM Timestamp Timestamps 5112/2017 3:09:05 PM 5/1 5/2017 2:45:17 PM 5/15/2017 2:48:05 PM 5/15/2017 2:48:05 PM Timestamps