Legal Document: VELOCITY INVESTMENTS LLC A LIMIT V DANIEL HARRISON (E-CASE)

On May 30, 2024 a Pet Filed in Associate Ct was filed involving a dispute between Velocity Investments Llc A Limited Liability Company, and Harrison, Daniel, for AC Suit on Account in the District Court of Warren County.

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24BB-AC00338
#24501981

IN THE CIRCUIT COURT OF WARREN COUNTY
ASSOCIATE JUDGE DIVISION
STATE OF MISSOURI

VELOCITY INVESTMENTS LLC )
A LIMITED LIABILITY COMPANY )
)
Plaintiff, Cause No.
)
vs. Division No.

DANIEL HARRISON

SERVE AT:
1129 NINA DR
WARRENTON MO 63383
SUIT ON NOTE

Defendant(s).

PETITION

COMES NOW, Plaintiff, VELOCITY INVESTMENTS LLC A LIMITED LIABILITY

COMPANY , and for its cause of action against Defendant(s), states as follows:

1 All times pertinent therein, Plaintiff was at all times relevant herein a A LIMITED

LIABILITY COMPANY, duly organized and existing under law.

2 Plaintiff is the holder of a valid assignment of an account previously owned by

UPSTART NETWORK INC ASSIGNEE OF FINWISE BANK.

3 Defendant(s) is/are resident(s) of WARREN COUNTY, Missouri.

4 On or about September 22, 2021, Defendant(s) borrowed money from UPSTART

NETWORK INC ASSIGNEE OF FINWISE BANK memorialized by the lending agreement attached
hereto and incorporated by reference herein, said loan being serviced by UPSTART NETWORK.

INC ASSIGNEE OF FINWISE BANK.

5 Defendant(s) agreed to be bound to the Agreement by signing, or electronically

signing, the Agreement on September 22, 2021, including making all the required payments set forth

in the agreement.

6 The Defendant(s) has/have failed to make all the required payments and is in default

under the terms of the agreement.

7 UPSTART NETWORK INC ASSIGNEE OF FINWISE BANK performed all the

conditions required in the Agreement.

8 After applying all payments and credits to which the Defendant(s) is/are entitled, there

remains a balance due and owing under the Agreement by the Defendant(s) in the sum of $2,215.75.

9 Demand for payment of the outstanding balance has been made upon the Defendant(s)

and they have failed to keep their promise to pay said balance.
WHEREFORE, Plaintiff, VELOCITY INVESTMENTS LLC A LIMITED LIABILITY

COMPANY prays for judgment against the Defendant(s) in a sum of $2,215.75, together with

post judgment interest as provided by law or contract, for all costs expended herein and for any other

and further relief this Court deems just and proper.

GAMACHE MYERS, P.C.

BY: i)
ED va Pp
AV)

DONA)
GAMACHE, 34112 davidgamache@gmcollects.com
J. PYERS, 34975 edwardmyers@gmcollects.com
- HOROWITZ, 42340 donaldhorowitz@gmcollects.com
JOSEPHA. TERRY, 60421 josephterry@gmcollects.com
CRAIG A OVERSTREET, 56135 craigoverstreet@gmecollects.com
Attorneys for Plaintiff
1000 CAMERA AVE SUITE A
CRESTWOOD (ST LOUIS) MO 63126
(314) 835-6602 ae
FAX (314) 835-6604 a = ue
JOSEPH A. TERRY 60421
CTS COM
JO: EPHTERRY@GMCOLLE
"THIS COMMUNICATION IS FROM A DEBT COLLECTOR, IN AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE."

— _
#24501981

VERIFICATION

I, the Affiant, of lawful age, state that my office accessed the Defense Manpower Data Center

website and conducted a search of Defendant's first name, last name and social security number, and

found no record of Defendant as an active duty member of the Armed Services of the United States

of America, all according to the best of my information, knowledge and belief.

Executed this day
als 20 AY

Oiatonafdaca.
Subscribed and sworn to before me on ALE 20 a2.

NOTARY aC
adel Lae eda
CHERYL ROZANSKI p
Notary Public - Notary Seal
St Louis County - State of Missouri
My Commission expires: Commission Number 10393315
My Commission Exp ires Oct 18, 2024
Poses SPALL REO

"THIS COMMUNICATION IS FROM A DEBT COLLECTOR, IN an ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE."
AETIDAVIT IN SUPPORT OF PLAINTINES CLAIM
24501981

Account Holder: DANIEL HARRISON

Original Creditor Name: Upstart Network, Inc., Assignee of FinWise Bank
Account Number: 11688

BEFORE ME, the undersigned personally appeared and personally known by me, this day, and who after being duly sworn upon
his/her oath deposes and states:

1 Iam a competent person over eighteen years of age. I am a Custodian of Record for
VELOCITY INVESTMENTS LLC

, the Plaintiff herein (hereinafter "Plaintiff:). As a custodian of records for Plaintiff, I am authorized to execute this affidavit on
behalf of Plaintiff and the information belowis true and correct to the best of my knowledge, information and belief.
2. In the ordinary course of business Plaintiff regularly purchases revolving credit accounts, installment accounts and/or
other credit lines from the original creditor or their assignee(s). Plaintiff purchased the credit account of Defendant herein,
Account Number referenced sbove (hereinafter “the Credit Account”) fromthe Original Creditor or its assignee.
3. ‘The scope of my job responsibilities includes the supervision or oversight of oredit account records maintained by
Plaintiff, including the Credit Account referenced above. In the performance of my duties for Plaintiff, I am familiar with the
manner and method by which Plaintiff creates and/or maintains its normal business books and records, including computer records
and/or data of its purchased credit accounts, in the ordinary course of its business. As such, I am the custodian of said business
records,
4. Plaintiff business records for the Credit Account of Defendant reflect that the just and true balance due and owing to
Plaintiff
by the Defendant on the Account Number ***#*1688 as of the date hereofis $2,215,75, according to the business records
provided to Plaintiff by the Original Creditor or its assignee at the time the Credit Account was purchased, less credit for all
payments, plus any interest and other applicable costs as allowed by law.

MGNMOUTIE
Uh-
County Signature t

Colby Diveon
-
Printed Name
compllance eseitite
Title

Before me personally appeared the person whose name and title is identified above being of age and duly sworn upon his/her oath,
states that he/she has read the foregoing Affidavit and the facts stated therein are true and correct to the best of his/her knowledge,
information and belief.

‘The foregoing affidavit sworn to and subscribed beforeme this Qe day of Zp. 3 Zp ..2®0 2A
My commission expires: : WARESSA Stage -
ota lew verboy Notary Public
Sonlegai
“DHIS IS A COMMUNICATION FROME THDiBTConbECTOR, , IN AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
&> Upstart
BILL OF SALE
For value received and pursuant to the terms and conditions of the Purchase
and Sale Agreement dated April 3, 2018, Phoenix Value P2P LP, as “Initial
Seller”, and on behalf of Additional Sellers as “Servicer”) hereby assigns
effective as of Oct 28, 2022 (the “Closing Date”) all rights, title and interest in
and to those certain charged-off loans and all related receivables, judgments
or evidences of debt described in Schedule | attached hereto and made part
hereof for all purposes to Velocity Investments, LLC (“Purchaser”).

UPSTART NETWORK, INC., as [INITIAL SELLER] [SERVICER] on behalf
of Phoenix Value P2P LP.

By: Sanjay Datta Date: Oct 25, 2022 Title: CFO

oe
x we

Loan ID Purchase Price

rf. seven:
DocuSign Envelope ID: A7D10549-A7EF-430E-974A-29C7926A8117

FinWise Bank, a Utah chartered bank located at 756 E. Winchester Street, Murray, Utah 84107
(“Transferor”), and Upstart Network, Inc., a Delaware corporation located in San Mateo, CA hereby certify
that:

1 Transferor originates loans that are serviced by Upstart Network, Inc.
(“Transferee”).

2 Each of the loans identified by loan number on the attached ExhibitA (each, a
“Loan”) was originated by FinWise Bank.

3 At least 3 business days prior to the respective date (the “Closing Date”) set forth
on Exhibit A, Transferor transferred or otherwise conveyed each Loan to the Transferee.

4 To the best of Transferor’s knowledge, on or about the respective Closing Date set
forth on Exhibit A, Transferee transferred or otherwise conveyed each Loan to the party identified
on Exhibit A (each, a “Purchaser”).

5 Transferor transferred, assigned, and conveyed to Transferee and its successors
and permitted assigns, all right, title and interest the Transferor held in each Loan subject to no
prior security interest in favor of any other creditor of Transferor free and clear of any lien created
by Transferor, except for any interest of Transferee and its affiliates.

6 Upstart Network, Inc. was Servicer of each Loan from the origination of the Loan.
In its role as servicer of the Loan, during the period Transferor owned the Loan, Upstart Network,
Inc. kept and maintained business records on behalf of FinWise Bank in the regular course of
business.

FINWISE BANK

By:
Name: Kev’ gginton
Title: qyp, Lending partnerships
Date: 40/31/2022
UPSTART NETWORK, INC

By:
Name: Sanjay Datta
Title: CFO

Date; 10/31/2022

090218-085/00232426-2
g

PortlD: oan ID er Name | ENA _otyos “Stat Abbrev
‘Phoenix | (MINI Danie! Harrison Daniel. Harrison {1129 Nina Dr | Warrenton Missouri MO
= = can =
se 7SSN Pho At pr come approval 10) unt |
63383
Leon 28.93 enn nw 2215.75,
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Promissory Note

LoanID:_ MMs
Upstart Borrower ID; Em
Lender:
FinWise Bank
756 E. Winchester Street Suite 100
Murray, Utah 84107

ty Promise to Pay value received from FinWise Bank, a Utah state-chartered b located in
Murray, Utah (“Fin > OF ’”), I promise to ay to the order of FinWise or any subs it holder or
assignee of this Not e principal sumo $2,000. ith inter t-thereon-commiencing on the
origination date at rate of si le iptferest. T edge|that I have read and
agree to be bound \e agree! t to arbjtra il cl s in ion 17 belo ss I e rejected the
provision as provides goinpleting id subrhifting my loa application am requesting a
Joan on the terms described in this Note. I unt stand and e that when you receive my application and this
signed Note you are not agreeing to lend me sy and ave the right not to make a loan to me. I
understand that I am not bound by the terms and conditions set forth in this Note until you have funded a Loan.
Tf you decide to make a Loan to me, I agree to be bound by the terms of this Note.
2. Payments. This Note isi payable in_36__ monthly installments of ____ $78.31 each,
consisting of principal nd terest, comme: ig on and tinuing on the
same day of each st ‘Ssive qnth thereaft: until Sep 2024 , Which
is the maturity dat of this No’ int dye month, and the
=i »
Rs ‘st of th
following month not hav¢ aj29 Oth] ar 3 het i Sn nt dug¢ on the last day of
the month in whicl he paym wat duew s others fe not ied in| writing. nal payment will consist
of the then-remaini ; ump d ace: andgl ro} der this qte. All payments
will be applied first to any unpaid fees incurred
drafts or checks, as provided in Section 4 below:
cies railed automated payments or retiirhed bank
ILI iny late charges then due; then to any interest then
due; and then to principal. Although the principal amount of my loan includes the origination fee, no unpaid
interest or other charges will be added to principal.
3. Interest. Periodic interest will be charged on unpaid principal until the full amount of principal has
been paid. Interest under this Note will accrue on a daily basis on the unpaid principal balance (including my
origination fee) set forth above. Because of the accrual of interest on any late payments and the effect of
rounding, my final payment may be more (or less) than my. regular payment. I acknowledge that if I make my
payments after the scheduled due date, this Note will not amortize as originally scheduled, which may result in
a substantially higher final payment amount. The interest rate J will pay will be the rate J will pay both before
and after any default unless and until my loan is charged off.

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 14, 2022 01:27:32 PM.
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4. Fees. I agree to pay the following fees to the extent permitted by applicable law:

Fee Frequency Description

6.5% One time This is a one-time fee and, except as provided in Section 10, is
Fee of the non-refundable. You will deduct from the loan proceeds before
Loan they are delivered to me.
Amount

Late The Per If I do not pay you the full amount of any monthly payment within
Payment greater of | occurrence 10 calendar days of its due date, you may charge me a late fee.
Fee 5% of past Any payment received after 3:00 PM Pacific time on a business
due day is deemed received on the next business day.
amount or
$15
OS
ACH tort ed use (", ACH rsfei r checks are
Return or d of\retus fot/any reaséx du insufficient funds
Check 'y|bank en you g thi fee. Each attempt
Refund Fee 6 coll payme! is considered ‘ate transaction, so an
turn or che refund fee wil be assessed for each failed
attemp

I authorize you to collect these fees using ACH transfers initiated by you from my designated bank account if I
have chosen this method of payment (see Section 6). Any fees you assess are immediately due. I
acknowledge and agree that the origination fee is part of my Toan principal.
Mei be he d Forces ‘ederal lay Pp rovides imp ort ant protection fo metembe +s oft ie Armed Forces
ee Ait.Hr

a
and their depender irelating tp of co ll, 9 of sumer credit to a
member of the d Forces d hi r her} pen ly notjexcedd nm cent rate of 36
percent. This rate t includ licab! o ths it ictig ‘or ¢ costs|associated with

fote)
credit insurance pret unsifeésfe ll aE Htstahsaction; any
application fee charged (other than certain appl eee credit it transactions or accounts); and
any participation fee charged (other than certain p. pation fees for a credit card account).

5 Proceeds. I agree that the proceeds of my loan will be paid via an electronic fund transfer into the
deposit account I have identified in my loan application, or in such other manner as you determine. I
acknowledgement that the timeliness of crediting proceeds to this account is dependent on the accuracy of the
information I provide, when I complete all origination activities, and prompt crediting by the financial
institution that holds my account. You are not responsible for the actions of the financial institution that holds
my account.

6. Method of Payment. I agree to pay the principal, periodic interest and any fees on this Note when
due, You have given me the choice of making my monthly payments by (i) an ACH or other electronic fund
transfer from my bank account that I have authorized to automatically recur, (ii) by an ACH transfer initiated
by me each month, or (ii) personal check by regular mail to Upstart Loan Operations, P.O. Box 1503, San
Carlos, CA 94070 or any subsequent creditor that I am notified of. If I have completed an ACH bank transfer
authorization, then you will automatically transfer my first payment in the amount specified in the
authorization from my bank account, unless I cancel or modify this payment at least 3 business days before its

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 14, 2022 01:27:32 PM.
DocuSign Envelope ID: 92D84969-DCE3-4E36-82F 2-A8CE969ED47E
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scheduled date by contacting you, as described in Section 13, or your bank. If my ACH bank transfers are
rejected or returned for any reason, I understand and agree that you may try to debit my account two more
times. I also agree you may apply the ACH return/check refund fee described in Section 4, subject to
applicable law, each time an ACH transfer is returned or rejected. I acknowledge that my financial institution
may also charge a fee in addition to your fee and you are not responsible for any such fees. All written
communications concerning disputed amounts, including any check or other payment instrument that (i) is
postdated and accompanied by adequate notice, (ii) indicates that the payment constitutes “payment in full” of
the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full
satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at Upstart
Loan Operations, P.O. Box 1503, San Carlos, CA 94070.

7. Waiver of Defenses. Unless I am a “covered borrower” under the Military Lending Act, 10 U.S.C
§ 987, or except as otherwise provided in this Note or as required by applicable law, you are not responsible or
liable to me for the quality, safety, legality or any other aspect of any property or services purchased with the
proceeds of my loan. If I have a dispute with any person from whom I have purchased such property or
services, I agree to settle the dispute directly with that person.

8. Certification. 1 at the proceeds of my loan will not be applied (i) in whol or in partto
postsecondary educapiG il exp ses( .. tuition, fees, required equipment or supplie dom and board, or
*

©
other miscellaneou: rsonal expens; ur ) at ac nivy yévocational school,
as the term “postset dary educati pens is Wefin gulation, a oF 1026.46 (b)(3), or
(ii) for any home pi jase or refin

io Default and Remedies. Subject to th imitations of Applicable state Taw and any right to notice and
to cure under applicable state law, I will be d, in det (each, an "Event of Default") of my obligations
under this Note if I: (i) fail to pay timely any amount due under this Note; (ii) file or have instituted against me
any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) die; (iv)
commit fraud or make any material misrepresentation in this Note or in my loan application; or (v) fail to abide
by the terms of this Note. Upon the occurrence of an Event of Default, you may exercise all remedies
available to you unde) lies ible law, including demand that (immediately pay all am due under this
Note. You reserve fi right th port loan Payment delingu encies of 30 days or longer to je or more
consumer reportin; igencies i Yano op ble ww} Tegel may reflected in my
credit report. I aj ¢ to pay al pst of coll in; inquent payments, in
:
nable attorneys’
fees, to the greates| tent nof/prohibited by|appli aw.

10. Prepayments; Partial Payments; Forh lacancs) I may prepay this Note in full or in part at any time
without penalty. Any partial prepayment is to be app d against outstanding principal and does not postpone
the due date of any subsequent monthly installments, unless you otherwise agree in writing. If I prepay this
Note in part, I agree to continue to make regularly scheduled payments until all amounts due under this Note
are paid. In the event that I prepay my loan in full prior to its maturity date, any origination fee amount in
excess of 5% of the loan amount will be refunded to me on a pro-rated basis depending on the remaining term
of my loan. A partial pre-payment will not result in the refund of any origination fee amount.

Further, I understand I may request forbearance in accordance with your reasonable procedures and.
requirements, and the decision to grant my request for forbearance shall be solely at your discretion. During
any period of forbearance, my regularly scheduled payments of principal and interest on my loan may be
deferred to the extent permitted by applicable law. Except as described above, I understand that I will remain
responsible for all interest accruing during any period of forbearance. I understand that any periods of
forbearance may increase my monthly payments during my loan term or, in limited cases, may extend my
repayment period unless prohibited by applicable law.

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 14, 2022 01:27:32
PM.
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DocuSign Envelope ID: 92D84969-DCE3-4E36-82F 2-A8CE969ED47E

IL Waivers. Unless I am a “covered borrower” under the Military Lending Act, 10 U.S.C § 987, even if,
at a time when I am in default, you do not require me to pay immediately in full, you will still have the right to
do so if I am in default at a later time. Neither your failure to exercise any of your rights, nor your delay in
enforcing or exercising any of your rights, will waive those rights. Furthermore, if you waive any right under
this Note on one occasion, that waiver will not operate as a waiver as to any other occasion. Subject to
applicable laws, I waive presentment, notice of dishonor, protest and all other demands and notices in
connection with the delivery, acceptance, performance or enforcement of this Note.

12. Assignment. I am not allowed to assign any of my obligations under this Note without your written
permission. I understand that you do not have to give me permission. I agree that you may assign or transfer
this Note or any of your rights to another person or entity. You may take these actions without notice or
consent from me. Any sale or transfer of my Note does not affect my rights and duties under this Note

13. Registration. You and I appoint Upstart Network, Inc., (“Upstart”) to act as a non-fiduciary agent
Upstart will keep at its offices an electronic register of any transfer, assignment or sale of this Note (the
“Register”), The names and address of any person entitled to payments on my Note will be recorded in the
Register. Any assignment, participation or transfer of this Note or any of its rights shall be registered in the
Register and only if Upstart.recgives a signed assignment or similar agreement in a reason: acceptable. You
and I agree that bene; al ow} ship of all Payments under my Note as reflected in the Bik will be
conclusive, Upstart, il giveme’ notice-g a cha in,0' my Note ted Register if

S
required by law. Up will also ptice ay by che and the sf anges the address to
which I must make'p ments. Th f the! o in the ‘ster shallibe available Ime upon written
request to Upstart. ection is ded tor p this being mai t al} mes in “registered
form” as defined by U.S reasury Regulation: jection 1.871/14(c) and Sections 163(f), (h) and 881(c) of
the Internal Revenue Code of 1986, as amend d will interpreted and applied in a way that is consistent
with these laws.

14. Electronic Communications; Notices; Contacting You. When I applied for a loan from you, I
expressly agreed to receive electronically all communications, agreements, documents, notices and disclosures
(collectively. omm eat ") that you pfOvide in connectfon with this Note and Up: 's servicing of my

ao
payment obligatioy inder thi ote. All Flomepmnications given to me by, email to my r tered email
address or posted WW Uy] som med, gigis en y e upgn transmission or

es
when they were pq d. Tagr at You Gn wne} or sé iicer” lo may contact me
for any lawful reasty includin for ie coll ‘ion ounts| ed) to yo eu
‘ontadt will be deemed
unsolicited. You may-conta mea beh tessos-orn abet phe s and landlines).
as I may provide to you from time to time and yq nay ws
any means of «communication, including regular.
mail, electronic mail, telephone, text message or oiechnology, to reach me. I agree that you may use.
automatic dialing and announcing devices which may play recorded messages. I represent that I have the
authority to provide this consent because I am either the subscriber of the telephone number(s) or the
customary user of each of the telephone numbers that I have provided to you who has the authority to provide
consent. I may contact you at any time to ask that you not contact me using any one or more methods or
technologies. I acknowledge that communications from you may contain sensitive, confidential, and
collections-related communications. If my information changes, such as my email address, my mailing
address or my telephone number, I agree to notify you promptly of the change.

Ican contact you by logging into www.upstart.com. I may contact you by emailing fw.support@upstart.com,
by calling (833)-205-5437 during your operating hours 9:00 AM Pacific time to 5:00 PM Pacific time, each
Monday through Friday that are business days, or by writing via regular mail care of Upstart Loan Operations,
P.O. Box 1503, San Carlos, CA 94070.

15. Credit Inquiries, Loan Information; Inaccurate Information. I authorize you to obtain a credit

The original document is owned by Velocity Investments, LLC and this copy-was created on Dec 14, 2022 01:27:32 PM.
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report on me for any legal purpose in connection with this ‘Note, including any update, extension of credit,
review, or collection of this loan. If I request, you will tell me whether any credit report was requested, and if
so, the name and address of the credit bureau furnishing the report. If I believe that you have information
about me that is inaccurate or that you have reported or may report inaccurate information about me to a credit
bureau, I will notify you of the specific information that I believe is inaccurate by writing to you care of
Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070. In doing so, J will identify the inaccurate
information and tell you why I believe it is incorrect. If I have a copy of the credit report that includes the
inaccurate information, I will send a copy of that report to you as well.

16. Governing Law. I understand and agree that FinWise is an FDIC-insured institution located in Utah.
Consequently, the provisions of this Agreement (except for Section 17) will be governed by federal law and (to
the extent not preempted by federal law) the laws of the State of Utah, without regard to conflict of law rules,
except as noted above. Section 17 (Arbitration Agreement) is governed by the Federal Arbitration Act, and not
by any state law concerning arbitration. If any provision of this Note cannot be enforced, the rest of the
provisions of this Note will stay in effect. No amendment of this Note will be valid unless in writing and
signed by both you and me. This Note represents the entire agreement between you and me regarding my loan.
17. Complaints; Disputes; Arbitration.
NOTICE: IF I AM Ad REA
RE A CG
Ci Q )VERED BORR| .OWER UNDER THE MI. et TARY IG ACT, 10
US.C. § 987, T! OLLOWE RI ON P: DO! NO TO ME.
Go ning Law. ¥ that\ te invol tate ¢¢mmerce and that this
arbitration clause w! ke cons! ang d by Federal Arb byAc 9 U.S.C. § 1 et seq.,
("EAA"), as amended. Phe itrato shall apply applicab! law’d le statutes of
limitation consistent with the ‘AA and ‘shall honpr claim: rivilege recognized at law.
B. Dispute: “Dispute” means any action, dispute, claim, or controversy of any kind arising out
of, in connection with or in any way related, even indirectly, to the Note or the extension of credit set forth in
the Note. For example, “Dispute” includes claims related to: any relationship resulting from, or activities
connected to this Note; my application; information I have provided to you; information and disclosures you
have provided to me; ar agreements Ketween you and 19; extensions; renewals; hancings; payment
plans; underwriting, rvicin& bollections; privacy; and cus tomer jgfggmygon. The Iispute" also
includes: claims uj st federal \o er p pis 101 G 0 laims under
statutes or commo} ww; claii it law or injequit} past} pre: or ture , CO iterclaims, cross-
claims, third party ims, ints ‘$ Or lerw; aii latin gGeb ion, applicability,
enforceability or fo: tien-6f this: t-of this arbitration
clause, except paragraph G below, is void, voidable mscionable.
Cc. Mandatory Arbitration: Unless otherwise stated in this arbitration clause, any "Dispute"
between the Parties shall, at your or my election or the election of any of our respective heirs, successors,
assignees or related third parties, including Upstart, any other subsequent holder of my Note, and their
affiliates, subsidiaries, and parents, (the “Parties"), be resolved by a neutral, binding arbitration, and not by a
court of law. This procedure includes any Dispute over the interpretation, scope, or validity of this Note, this
arbitration clause or the arbitrability of any issue, with the sole exception of the Parties' waiver of any right to
bring a class action or to participate in a class action as provided for under paragraph G below shall be solely
determined by the appropriate court, if necessary. This arbitration clause applies to the Parties, including their
respective employees or agents, as to all matters which arise out of or relate to this Note or are in any way
connected with the extension of credit set forth in this Note, or any resulting transaction or relationship.
D. Facts About Arbitration: In arbitration, a neutral third party (“Arbitrator”) resolves
Disputes, instead of a judge or jury. I, with you, waive the right to go to court. The Arbitrator will conduct a
hearing, which is private and less formal than a court trial. Each side will have the opportunity to present some
evidence to the Arbitrator. The Arbitrator may limit the Parties’ ability to conduct fact-finding prior to the

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 14, 2022 01:27:32
PM.
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hearing, called “discovery.” Other rights that the Parties might have in court might not be available in
arbitration. Following the hearing, the Arbitrator will issue an award. The Arbitrator’s decision is final, and a
court may then enforce the award like a court judgment. Courts rarely overturn an Arbitrator’s award.
E Pre-Arbitration Resolution: Prior to starting arbitration, I can call you at (650) 204-1000 or
write to you at Upstart Loan Operations, P.O. Box 1503, San Carlos, CA 94070 to attempt to resolve the
Dispute. We will try to resolve the Dispute. If you make a written offer (“Settlement Offer”), I may reject it
and arbitrate. If we do not resolve the Dispute, either party may start arbitration. No party will disclose
settlement proposals, including a Settlement Offer, to the Arbitrator.
F. Rules and Procedures: Either party may start arbitration by mailing a notice of arbitration,
even if a lawsuit has been filed. Such notice shall be given by certified mail, return receipt requested. Notice to
me shall be sent to the email address I provided to you in my Joan application, as updated. Notice to you, your
assignees or related third parties shall be sent to Upstart Loan Operations, P.O. Box 1503, San Carlos, CA
94070. The Party initiating the arbitration shall set forth in the notice the nature and factual basis of the
Dispute, the names and addresses of all other Parties, the amount involved, and the specific relief requested.
The responding Party must mail a response within 45 days, and may also set forth any counter-Disputes. The
American Arbitration Association (“AAA”) shall conduct any arbitration according to this arbitration clause.
The AAA arbitration rule n effect when the claim is filed apply ( “AAA Rules”), except those rules
conflict with this Arb Gl use or any of our agr eement with y ou. I can get copies, /AAA Rules at

i
the AAA’ 's website, ) 9} lin 78 29. or I may-gh . a hearing, appear
at any hearing by p! ie or other eléd ork ve nted by
Cla tion ai eto up any rig ve to bring a class
action lawsuit or class tration, 0} partici itheras)d claimant. TI ies give up any
right to consolidate or join any arl ‘bitration pro ing wi arbitration of o thers . The Parties give up the
right to serve as a private attorney general in @ny wisdiction in which such procedure might be permitted. To
the extent the Parties are permitted to file small claims under Paragraph K below, the Parties agree that any
small claim may only be brought on an individual basis and that no small claim may be brought on a class or
representative basis. The Parties further agree that if a court or arbitrator decides this Paragraph G is void or
unenforceable, this arbit ion clause shall bewvoid and Withonbef felt
ive Dakiage Waiver: The Parties waiv: any gi ght to seek or recover punitive and/or
exemplary damag in any Di: trator) 0 uthd yto al punitive and/or
exemplary damag:
Fees\and sts. request! you ha dvay

unies: "
I of the fe id expenses, as
in
pa
well as all administrative id filing Tees, up ie Parties be responsible for their
own attorneys’ fees associated with any arbitration otherwise allowed for under applicable substantive
law and awarded by the Arbitrator. If the Arbitrator awards me funds, I will not have to reimburse any
arbitration fees and expenses you have advanced. If the Arbitrator does not award me funds, I agree to
reimburse you for any arbitration fees and expenses you have advanced. Any such reimbursement shall not
exceed the filings fees and costs I would have incurred had I filed a lawsuit in court.
J. Self-Help: Notwithstanding this arbitration clause, the Parties retain the right to exercise self-
help remedies and to seek provisional remedies from a court, pending final determination of the Dispute by the
arbitrator. No Party waives the right to elect arbitration of a Dispute by exercising self-help remedies, filing
suit, or seeking or obtaining provisional remedies from a court.
K. Exceptions: The Parties agree that this arbitration clause is not applicable to "small
claims" meaning those claims that either Party is entitled to file and maintain in an appropriate small claims
court or any action where the total amount in controversy is no greater than $10,000, including any claims for
attorney's fees and non-monetary relief. The Parties agree that any appeal from a judgment obtained pursuant
to this paragraph shall be appealable only by arbitration according to the procedures set forth in this arbitration
clause.

The original document is owned by Velocity Investments, LLC and this copy was created on Dec 14, 2022 01:27:32
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L. Severability: If it is determined that any paragraph or provision in this arbitration clause is
illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the other
paragraphs and provisions of this arbitration clause. The remainder of this arbitration clause shall continue in
full force and effect as if the severed paragraph or provision had not been included. Notwithstanding this
severability provision, if a court of competent jurisdiction determines paragraph G to be void, illegal, invalid,
or unenforceable, the Parties agree that paragraph G above shall not be severed and that this arbitration clause
shall be void in its entirety.
M. Right to Opt Out: Tf 1 do not want this arbitration clause to apply, I may reject it by mailing a
written notice to you that lists my name, address and account number and states tha

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Document for VELOCITY INVESTMENTS LLC A LIMIT V DANIEL HARRISON (E-CASE)

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