IN-HOUSE CAPITAL, LLC D/B/A WORKPLACECREDIT v. TAMRA CASE

IN THE DISTRICT COURT OF KAY COUNTY STATE OF OKLAHOMA IN-HOUSE CAPITAL, LLC D/B/A WORKPLACECREDIT Plaintiff, vs. TAMRA CASE Defendant. Case No. CS-26-208 PETITION FOR MONEY DUE ON NOTE COMES NOW the Plaintiff and for its cause of action against the Defendant states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of FLORIDA; the debt sued upon arose in and Plaintiff’s cause of action accrued in the State of Oklahoma. 2. That the Defendant resides in or may be found in KAY County, Oklahoma and within the venue of this court. 3. That upon application by the Defendant, the Defendant did enter into a Promissory Note to borrow a sum of money from CROSS RIVER BANK which has heretofore been sold and assigned to various parties including and ultimately to Plaintiff. 4. That the Defendant did fail to perform the obligations under the Note and are therefore in default. 5. That if required by law or the Note, Defendant were notified of his/her/their default and right to cure, but Defendant failed to cure said default. 6. That the Defendant still owes $2,568.61 to Plaintiff after giving the Defendant due credit for any and all payments made thereon and any other credits entitled to Defendant. 7. Interest in the amount of $2,463.05 is due and owing through 3/20/2026, plus interest at the contract rate of 20.990% through the date of Judgment, and continuing to accrue at that rate per annum from the date of Judgment until paid. 8. Pursuant to the contract attached hereto, Plaintiff is entitled to reasonable attorney’s fees. 9. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant TAMRA CASE is/are not in the Armed Forces for the United States, verified on 03/20/2026 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant in the amount of: Amount Claimed: $2,568.61; Interest: Interest in the amount of $2,463.05 is due and owing through 3/20/2026, plus interest at the contract rate of 20.990% through the date of Judgment, and continuing to accrue at that rate per annum from the date of Judgment until paid; Attorney fees; and All costs herein expended, including but not limited to court costs, sheriff’s fees, and any costs for service of the summons(es). Respectfully submitted, FABER AND BRAND L.L.C. BY: _______/s/ Michael L. Foster________ Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 James M. Mucklestone OK #36520 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF WILL BE USED FOR THAT PURPOSE. F&B Acct. No: 495532 AFFIDAVIT OF ACCOUNT & VERIFICATION OF BUSINESS RECORDS STATE OF Nevada COUNTY OF Clark Before me, the undersigned authority, personally appeared Steven J. Garofalo, who, being by me duly sworn deposes and states: I am of sound mind, capable of making this affidavit and personally acquainted with the facts herein stated: I am in charge of the records for IN-HOUSE CAPITAL, LLC D/B/A WORKPLACECREDIT a LIMITED LIABILITY COMPANY organized and existing under the laws of the State of FLORIDA. In such capacity I am the custodian of the business records of such company and attached hereto are the pages of records which are kept and maintained under my control and supervision in the regular course of business by employees or representatives of the company with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The attached statement of account and supporting documentation are business records of such company so kept, and such statement as well as the various items thereof are within my personal knowledge just, true and correct, and the originals or exact duplicates of the originals and the balance of $2,568.61 shown thereon is due and owing over and above all payments, credits and set offs, plus accrued interest in the amount of $1,055.35, plus interest from 08/10/2023 at 20.990% per annum by TAMRA CASE to such company. Charges for the above referenced services are reasonable, and the services were necessary. To the best of my knowledge and belief, the Defendant(s), TAMRA CASE, is/are not on active duty in the Armed Forces for the United States nor any branch thereof. Defendant(s) is/are not an infant or incompetent person. [Signature] In witness whereof I have hereunto subscribed my name and affixed my official seal the 14 day of MARCH, 2024. Royann Liberti Notary Public My commission Expires: *Q495532SAFF1-* LOAN AGREEMENT AND PROMISSORY NOTE "INSTALLMENT LOAN " Loan Number: [REDACTED] Loan Date: 2/4/2021 Maturity Date : 2/18/2022 <table> <tr> <th>Borrower Name and Address and Telephone No.</th> <th>Lender Name and Address</th> </tr> <tr> <td>Tamra Case</td> <td>Cross River Bank<br>400 Kelby Street Fort Lee, New Jersey<br>07024</td> </tr> </table> For value received, the undersigned (referred to herein as "Borrower" or "you" for purposes of this Loan Agreement and Promissory Note (this "Note")) promises to pay to the order of Cross River Bank or any subsequent holder ("Lender") of this Note the sum of Three Thousand Dollars ($3000.00) plus an Origination Fee as set forth below, with interest thereon. Borrower intends to be legally bound by this Note. Borrower has read, understood, and agreed to all of the terms of this Note. Truth in Lending Disclosures <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit as a yearly rate</th> <th>FINANCE CHARGE<br>The dollar amount the credit will cost you</th> <th>Amount Financed<br>The amount of credit provided to you or on your behalf</th> <th>Total of Payments<br>The amount you will have paid after you have made all payments as scheduled</th> </tr> <tr> <td>28.25%</td> <td>$500.12</td> <td>$3000.00</td> <td>$3500.12</td> </tr> </table> Payment Schedule <table> <tr> <th>Payment(s)</th> <th colspan="4">On/Beginning</th> <th>Frequency</th> </tr> <tr> <th>Number</th> <th>Amount</th> <th>Month</th> <th>Day</th> <th>Year</th> <th></th> </tr> <tr><td>1</td><td>$134.62</td><td>3</td><td>5</td><td>2021</td><td>Bi-weekly</td></tr> <tr><td>2</td><td>$134.62</td><td>3</td><td>19</td><td>2021</td><td></td></tr> <tr><td>3</td><td>$134.62</td><td>4</td><td>2</td><td>2021</td><td></td></tr> <tr><td>4</td><td>$134.62</td><td>4</td><td>16</td><td>2021</td><td></td></tr> <tr><td>5</td><td>$134.62</td><td>4</td><td>30</td><td>2021</td><td></td></tr> <tr><td>6</td><td>$134.62</td><td>5</td><td>14</td><td>2021</td><td></td></tr> <tr><td>7</td><td>$134.62</td><td>5</td><td>28</td><td>2021</td><td></td></tr> <tr><td>8</td><td>$134.62</td><td>6</td><td>11</td><td>2021</td><td></td></tr> <tr><td>9</td><td>$134.62</td><td>6</td><td>25</td><td>2021</td><td></td></tr> <tr><td>10</td><td>$134.62</td><td>7</td><td>9</td><td>2021</td><td></td></tr> <tr><td>11</td><td>$134.62</td><td>7</td><td>23</td><td>2021</td><td></td></tr> <tr><td>12</td><td>$134.62</td><td>8</td><td>6</td><td>2021</td><td></td></tr> <tr><td>13</td><td>$134.62</td><td>8</td><td>20</td><td>2021</td><td></td></tr> <tr><td>14</td><td>$134.62</td><td>9</td><td>3</td><td>2021</td><td></td></tr> <tr><td>15</td><td>$134.62</td><td>9</td><td>17</td><td>2021</td><td></td></tr> <tr><td>16</td><td>$134.62</td><td>10</td><td>1</td><td>2021</td><td></td></tr> <tr><td>17</td><td>$134.62</td><td>10</td><td>15</td><td>2021</td><td></td></tr> <tr><td>18</td><td>$134.62</td><td>10</td><td>29</td><td>2021</td><td></td></tr> <tr><td>19</td><td>$134.62</td><td>11</td><td>12</td><td>2021</td><td></td></tr> <tr><td>20</td><td>$134.62</td><td>11</td><td>26</td><td>2021</td><td></td></tr> <tr><td>21</td><td>$134.62</td><td>12</td><td>10</td><td>2021</td><td></td></tr> <tr><td>22</td><td>$134.62</td><td>12</td><td>24</td><td>2021</td><td></td></tr> <tr><td>23</td><td>$134.62</td><td>1</td><td>7</td><td>2022</td><td></td></tr> <tr><td>24</td><td>$134.62</td><td>1</td><td>21</td><td>2022</td><td></td></tr> <tr><td>25</td><td>$134.62</td><td>2</td><td>4</td><td>2022</td><td></td></tr> <tr><td>26</td><td>$134.62</td><td>2</td><td>18</td><td>2022</td><td></td></tr> </table> LATE CHARGE: If a payment is late, you will be charged a fee of $15. PREPAYMENT: If you pay off early, you will not have to pay a penalty and you will not be entitled to a refund of part of the finance charge. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. [SIGNATURE FIELD] <table> <tr> <th colspan="2">ITEMIZATION OF THE AMOUNT FINANCED OF $3000.00</th> </tr> <tr> <td>Amount given to you directly</td> <td>$3000.00</td> </tr> <tr> <td>Amount paid to others on your behalf</td> <td></td> </tr> <tr> <td>To:</td> <td>NA</td> </tr> <tr> <td>To:</td> <td>NA</td> </tr> <tr> <td>To:</td> <td>NA</td> </tr> <tr> <td>Origination Fee</td> <td>$120.00</td> </tr> </table> Origination Fee. The amount you will be obligated to repay under this Note includes an Origination Fee of four percent (4%) of the amount financed. The Origination Fee will be added to your loan balance and paid through your scheduled payments. The entire Origination Fee is deemed earned on the day your loan is made. Interest Rate. This Note bears interest during each calendar month from the date hereof until paid in full, at a fixed rate of 20.99(%) per annum except as otherwise agreed to in writing between Borrower and Lender. This interest rate is governed by the laws of the State of New Jersey. Interest Calculation Method. Interest is calculated and accrued daily using a 365 day year basis (including in a leap year) on the outstanding principal balance for the day. The stated Principal Balance on the Note equals the Amount Financed plus the Origination Fee. This Note shall bear interest on any overdue installment of principal at the interest rate stated and as calculated above. Important Information for Covered Borrowers under the Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To obtain this information orally, along with general information about the terms of your loan, please call: 1-877-464-6979. A “Covered Borrower” is an Individual who, based on the determination made in accordance with 32 CFR Part 232.5, is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members and Dependents under 32 C.F.R. Part 232. If you are a Covered Borrower: (a) the Arbitration Provision below shall not apply to you; (b) any interest or fees in excess of the permitted limit shall be reduced by the amount necessary to satisfy that limit and any amounts collected in excess of the permitted limit shall be refunded by crediting your Account or by making a direct payment to you; and (c) notwithstanding any other provision of this Note, nothing in this Note shall be construed as applying to you to the extent inconsistent with the Military Lending Act. Payments. Principal and interest are to be paid during and throughout the period of 26 bi-weekly payments in the following manner: Payments of principal and interest in the amount of One Hundred Thirty Four Dollars and Sixty Two Cents ($134.62) are to be made by the Borrower to the Lender commencing 3-5-2021 and continuing every other week (14 Days) after that until 02-18-2022. If your due date falls on a holiday, your payments received on the next business day will be credited to your Account as received on the due date without late penalties. Borrower’s last payment might be of a different amount, which could be higher than the bi-weekly installment amounts, to adjust for rounding and/or due to calculation of daily interest charges in certain instances such as a payment due date change or Borrower making a payment after the payment due date. In such cases, the amount of the last bi-weekly payment will be adjusted by the amount necessary to repay the loan in full. All payments on this Note are to be made in immediately available lawful money of the United States. Borrower will make loan payments through authorized payroll deduction arrangements with the borrower’s employer. In addition, borrower may make one-off loan payments by one-off authorized debits to your bank account. Providing an account number for ACH Debits is not a condition to obtaining a loan. Borrower is responsible for ensuring that all names, account, routing or other similar information provided by Borrower to Lender for accounts that Borrower is directing Lender to deliver loan proceeds to (“Directed Accounts”) are accurate and complete. Borrower agrees to hold Lender harmless for any alleged or actual loss, claim, fee or other damage or expense Borrower may suffer related to the failure of a Directed Account to receive such proceeds if such failure was the result (directly or indirectly) of any error in any name, account, routing or other similar information provided by Borrower to Lender. Lender acknowledges that it does not have any obligation to confirm or investigate the accuracy or completeness of the information Borrower has provided. Borrower further agrees that if the loan proceeds are rejected by a Directed Account that is not Borrower’s designated bank account that Lender may deliver the loan proceeds into the designated bank account to satisfy our obligation of loan proceeds delivery. If Lender is unable to deliver loan proceeds to the Directed Account(s) or Borrower’s designated bank account after 14 days from the initial delivery attempt, the loan will be canceled and only in this circumstance will Borrower not owe any fee on the loan. Borrower’s payment method and any necessary authorization do not affect its obligation to pay when due all amounts payable on the Note, whether or not there are sufficient funds in the applicable deposit account. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff Lender may have. All payments are to be applied first to the payment of all fees, expenses and other amounts due (excluding principal and interest), then to accrued interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default (as defined below), payments will be applied to Borrower’s obligations as Lender determines in its sole discretion Returned Check or ACH Fee. Borrower agrees to pay a fee of $15 if automated clearing house (“ACH”) transfers or checks are returned or fail due to insufficient funds in Borrower’s account or for any other reason. The bank that holds Borrower’s designated account may assess its own fee in addition to the fee Lender assesses. Late Fee. If Borrower’s payment is not received by Lender within three days of the due date, Lender will charge a late fee in the amount of $15. Lender will charge only one late fee on each late payment. These fees may be collected using ACH transfers initiated by Lender from your designated account. Any such late fee assessed is immediately due and payable (subject to application of payments in the section entitled “Payments” above). **Any payment received after 6:00 P.M., Eastern Time, on a banking day is deemed received on the next succeeding banking day.** Prepayments. Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any prepayment does not postpone the due date of any subsequent payment, unless expressly agreed to in writing. If Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments or partial payments, even though marked “paid in full”, without losing any rights under this Note. Use of Funds; Other Borrower Agreements. Borrower certifies that the proceeds of the loan will not be used for the purpose of purchasing or carrying any securities or to fund any illegal activity, or to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. Borrower will not, in connection with Borrower’s loan hereunder, (i) make any false, misleading or deceptive statements or omissions of fact to Lender; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any person associated with Lender any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; or (iv) represent yourself to any person as a representative, employee, or agent of Lender, or purport to speak to any person on Lender’s behalf. Lender may rely upon the agreements made by Borrower in this section without any investigation or verification. Borrower further acknowledges and agrees that Lender may rely without independent verification on the accuracy, authenticity, and completeness of all information Borrower provides to Lender. Default. To the extent permitted by applicable law, Borrower will be deemed in default (each, an “Event of Default”) of Borrower’s obligations under this Note if Borrower: (1) fails to pay timely any amount due on the loan; (2) files or has instituted against it or any joint applicant/co-borrower any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (3) commits fraud or makes any material misrepresentation in this Note, or in any other documents, applications or related materials delivered to Lender in connection with its loan; or (4) fails to abide by the terms of this Note or the Borrower Agreement. Upon the occurrence of an Event of Default, Lender may exercise all remedies available under applicable law and this Note, including without limitation demand that Borrower immediately pay all amounts owed on this Note. Collection and Reporting of Delinquent Loans. Lender may report information about Borrower’s account to credit bureaus. Late payments, missed payments, or other defaults on an account may be reflected in Borrower’s credit report. In the event you do not make your loan payments on time, Lender will have all remedies authorized or permitted by this Note and applicable law. In addition, if you fail to make timely payments on your loan, your loan may be referred to a collection agency for collection. Borrower agrees to pay all costs of collecting any delinquent payments, including reasonable attorneys’ fees, as permitted by applicable law. Loan Charges. If a law that applies to the Loan and sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to Borrower. Communications. Borrower acknowledges that by providing Borrower’s telephone number(s) to Lender or Lender’s agent, Borrower expressly agrees to receive prerecorded voice messages and/or autodialed calls and SMS or text messages from Lender or any agent, affiliate, or successor, or assignee of Lender related to Borrower’s account, application, loan, any transaction with, and/or Borrower’s relationship with Lender. Borrower also agrees that Lender or any agent, affiliate, or successor, or assignee of Lender may obtain, and as part of Borrower’s consideration for Borrower’s loan, Borrower expressly agrees to be contacted at, any email address, mailing addresses, or phone numbers provided by Borrower directly at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. Borrower agrees to receive calls and SMS or text messages from Lender or any agent, affiliate, or successor, or assignee of Lender, even if Borrower cancels Borrower’s account or terminates Borrower’s relationship with Lender, except if Borrower opts out, as provided below. Arbitration; Resolution of Disputes. BORROWER AGREES THAT BORROWER HAS READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS BORROWER’S RIGHTS IN THE EVENT OF A DISPUTE BETWEEN BORROWER AND LENDER. BORROWER UNDERSTANDS THAT BORROWER HAS THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. a. Either party to this Loan Agreement and Promissory Note, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section (the “Arbitration Provision”), unless Borrower opts out as provided in paragraph (b) below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving Borrower (or persons claiming through or connected with Borrower), on the one hand, and Lender and/or any subsequent holder (or persons claiming through or connected with Lender and/or the subsequent holders), on the other hand, relating to or arising out of this Loan Agreement and Promissory Note and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of paragraph (f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or this entire Loan Agreement and Promissory Note. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. Borrower may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to Lender, which is received by Lender within 30 days of the date of Borrower’s electronic acceptance of the terms of this Loan Agreement and Promissory Note. The opt out notice must clearly state that Borrower is rejecting arbitration; identify the agreement to which it applies by date; provide Borrower’s name, address, and social security number; and be signed by Borrower. Borrower may send an opt out notice in any manner Borrower sees fit as long as it is received by Lender within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on Borrower’s behalf by a third party, such third party must include evidence of its, his or her authority to submit the opt out notice on Borrower’s behalf. c. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If Borrower has any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, Borrower may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If Borrower has any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, Borrower may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If Lender (or any subsequent holder) elects arbitration, Borrower (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If Borrower elects arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. Lender (or any subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or Borrower requests that Lender (or the subsequent holder) pays them and Lender agrees (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives Borrower the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. Lender agrees not to invoke its right to arbitrate an individual Claim Borrower may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 18(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this paragraph (f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Loan Agreement and Promissory Note and the relationship of the parties; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of the loan or the Loan Agreement and Promissory Note, or any amounts owed on such loan or Loan Agreement and Promissory Note, to any other person or entity. If any portion of this Arbitration Provision other than paragraph (f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in paragraph (f) are finally adjudicated pursuant to the last sentence of paragraph (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. [SIGNATURE FIELD] NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS NOTE, LENDER MAKES NO REPRESENTATIONS OR WARRANTIES TO BORROWER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE LIMITATION ON LIABILITY. IN NO EVENT SHALL LENDER BE LIABLE TO BORROWER FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LENDER MAKES NO REPRESENTATION OR WARRANTY TO BORROWER REGARDING THE EFFECT THAT THIS NOTE MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. Miscellaneous. Lender may, without notice to Borrower, assign all of its right, title and interest in this Note to any other third-party. Borrower further understands, acknowledges and agrees that any assignee may sell, assign or transfer the Note and all associated documents and information related to the Note without Borrower’s consent or delivery of notice. Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender. Unless Borrower is a Covered Borrower, Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled or released by Lender. Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be provided electronically to Borrower’s account, unless Borrower has opted out of electronic delivery and then will be mailed to the addresses then on record. There is no guarantee that Borrower will be able to refinance to lower your rate and payments. The parties acknowledge that there are no other third party beneficiaries to this Note. Any waiver of a breach of any provision of this Note will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Note will not constitute a waiver of such term or condition. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. If at any time after the date of this Note, any of the provisions of this Note shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability of such provision shall have no effect upon and shall not impair the enforceability of any other provisions of this Note. The headings in this Note are for reference purposes only and shall not affect the interpretation of this Note in any way. Governing Law_ Lender is located in the State of New Jersey, disburses funds from the State of New Jersey, and this Note is executed and delivered in the State of New Jersey and is a contract made under New Jersey law. This Note will be governed by federal laws and the laws of the State of New Jersey to the extent not preempted, without regard to any principle of conflicts of law. You agree that by entering into this Note you have affirmatively engaged in business with a New Jersey entity, that you have sought out the loan from a New Jersey entity, and that you wish to be bound by New Jersey law. You further agree and acknowledge that the any funds you receive under this Note come from a New Jersey entity. STATE LAW NOTICES: CALIFORNIA RESIDENTS ONLY: An applicant if married may apply for a separate account. FLORIDA RESIDENTS ONLY: This loan is being made under the Florida Consumer Finance Act. The terms of the loan provide for interest and charges pursuant to the Florida Consumer Finance Act. There is no security for the loan. This loan is not subject to an origination fee. If Borrower’s payment is not received by Lender within three days of the due date, Lender will charge a late fee in the amount of $15. Lender will charge only one late fee on each late payment. Interest is calculated and accrued daily using a 365 day year basis (including in a leap year) on the outstanding principal balance for the day. Each payment shall be applied first to the accumulated interest charges and the remainder of the payment applied to the unpaid principal balance; provided that if the amount of the payment is insufficient to pay the accumulated interest charge, the unpaid accrued interest charge may continue to accumulate and the same may be paid from the proceeds of subsequent payments and shall not be added to the principal balance. No payment shall be accepted on the principal balance unless interest is paid to date or is waived by license, except such payment may be credited to the principal where the amount thereof is not sufficient to pay the interest due for one day. IOWA RESIDENTS: NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. IMPORTANT: READ BEFORE SIGNING. The terms of this note should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. I may change the terms of this note only by another written agreement. KANSAS: NOTICE TO CONSUMER: 1. Do not sign this Note before you read it. 2. You are entitled to a copy of this Note. 3. You may prepay the unpaid balance at any time without penalty. MARYLAND RESIDENTS ONLY: To the extent that Maryland law is deemed to apply rather than federal law or New Jersey Law, the parties elect to make this Note pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article, but only to the extent that such provisions are not inconsistent with Lender’s authority under federal law (12 U.S.C. § 1831d) and related regulations and interpretations, which authority Lender expressly reserves. MASSACHUSETTS RESIDENTS ONLY: Massachusetts law prohibits discrimination based upon marital status or sexual orientation. MISSOURI AND NEBRASKA RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. NEBRASKA RESIDENTS: A credit agreement must be in writing to be enforceable under Nebraska law. To protect you and me from any misunderstandings or disappointments, any contract, promise, undertaking, or offer to forbear repayment of money or to make any other financial accommodation in connection with this loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective. NEW JERSEY RESIDENTS: The section headings of this Note are a table of contents and not contract terms. Portions of this Note with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Note, actions or practices (i) by which Lender is or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by Lender unless prohibited by "applicable law" are permitted by New Jersey law. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS : Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result of this application or for other legitimate purposes related to such loans. OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. TEXAS RESIDENTS ONLY: Cross River Bank is licensed and examined by the State of Texas Office of Consumer Credit Commissioner. Call the Consumer Credit Hotline or write for credit information or assistance with credit problems. Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207, (800)-538-1579, www.occc.state.tx.us. UTAH RESIDENTS: As required by Utah law, I am hereby notified that a negative credit report reflecting on my credit record may be submitted to a credit reporting agency if I fail to fulfill the terms of my credit obligations. This Note is the final expression of the agreement between the parties and may not be contradicted by evidence of any alleged oral agreement. WASHINGTON RESIDENTS ONLY: Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law. WISCONSIN RESIDENTS ONLY: For married Wisconsin residents, Borrower’s signature confirms that this loan obligation is being incurred in the interest of Borrower’s marriage or family. No provision of any marital property agreement (pre-marital agreement), unilateral statement under § 766.59 of the Wisconsin statutes or court decree under § 766.70 adversely affects Lender’s interest unless, prior to the time that the loan is approved, Lender is furnished with a copy of the marital property agreement, statement, or decree or have actual knowledge of the adverse provision. If this loan for which Borrower is applying is granted, Borrower will notify Lender if Borrower has a spouse who needs to receive notification that credit has been extended to Borrower. NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (b) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (c) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. CAUTION -IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Tamra Case (SIGNED ELECTRONICALLY) CROSS RIVER BANK PRIVACY NOTICE <table> <tr> <th>FACTS</th> <th>WHAT DOES CROSS RIVER BANK DO WITH YOUR PERSONAL INFORMATION?</th> </tr> <tr> <td>Why?</td> <td>Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.</td> </tr> <tr> <td>What?</td> <td>The types of personal information we collect and share depend on the product or service you have with us. This information can include: - Social Security number and Account balances - Payment history and Transaction history - Account transactions and Wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice.</td> </tr> <tr> <td>How?</td> <td>All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cross River Bank chooses to share; and whether you can limit this sharing.</td> </tr> <tr> <th></th> <th>Does Cross River Bank share?</th> <th>Can you limit this sharing?</th> </tr> <tr> <td>For our everyday business purposes—such as to process your transactions, maintain your accounts, respond to court orders and legal investigations, or report to credit bureaus</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For joint marketing with other financial companies to offer our products and services to you</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For our marketing purposes—</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For our affiliates’ everyday business purposes—information about your transactions and experiences</td> <td>No</td> <td>We don’t share</td> </tr> <tr> <td>For our affiliates’ everyday business purposes—information about your creditworthiness</td> <td>No</td> <td>We don’t share</td> </tr> <tr> <td>For nonaffiliates to market to you</td> <td>No</td> <td>We don’t share</td> </tr> <tr> <td>Questions?</td> <td colspan="2">Call toll-free 1-877-55CRB55 or go to www.crossriverbank.com</td> </tr> </table> <table> <tr> <th>What we do</th> <th></th> </tr> <tr> <td><b>How does Cross River Bank protect my personal information?</b></td> <td>To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.</td> </tr> <tr> <td><b>How does Cross River Bank collect my personal information?</b></td> <td>We collect your personal information, for example, when you - Open an account or Apply for a loan - Make deposits or withdrawals from your account or Provide employment information - Give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.</td> </tr> <tr> <td><b>Why can’t I limit all sharing?</b></td> <td>Federal law gives you the right to limit only - sharing for affiliates’ everyday business purposes-information about your creditworthiness - affiliates from using your information to market to you - sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.</td> </tr> <tr> <th colspan="2">Definitions</th> </tr> <tr> <td><b>Affiliates</b></td> <td>Companies related by common ownership or control. They can be financial and nonfinancial companies.<br><i>- Cross River Bank does not share with our affiliates</i></td> </tr> <tr> <td><b>Nonaffiliates</b></td> <td>Companies not related by common ownership or control. They can be financial and nonfinancial companies.<br><i>-Nonaffiliates we share with can include loan finance companies</i></td> </tr> <tr> <td><b>Joint marketing</b></td> <td>A formal agreement between nonaffiliated financial companies that together market financial products or services to you.<br><i>-Our joint marketing partner(s) include loan finance companies.</i></td> </tr> <tr> <th colspan="2">Other important information</th> </tr> <tr> <td colspan="2"><b>For Alaska, Illinois, Maryland and North Dakota Customers.</b> We will not share personal information with nonaffiliates either for them to market to you or for joint marketing-without your authorization.<br> <b>For California Customers.</b> We will not share personal information with nonaffiliates either for them to market to you or for joint marketing-without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.<br> <b>For Massachusetts, Mississippi and New Jersey Customers.</b> We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing-without your authorization.<br> <b>For Vermont Customers.</b> We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.crossriverbank.com or call 1-877-55CRB55.</td> </tr> </table> WHAT DOES IN-HOUSE CAPITAL LLC/WORKPLACECREDIT DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and account transactions • Credit history and credit scores • Transaction history, loan rates and payments When you are no longer a customer, we continue to share your information as described in this notice All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons In-House Capital, LLC (“In-House Capital” or “WorkPlaceCredit”) chooses to share; and whether you can limit this sharing. <table> <tr> <th>Reasons we collect and share personal information</th> <th></th> <th>We do not share this information</th> </tr> <tr> <td>For our everyday business purposes– such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For our marketing purposes– to offer our products and services to you</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For joint marketing with other financial companies</td> <td>No</td> <td>We do not share</td> </tr> <tr> <td>For our affiliates’ everyday business purposes– information about your transactions and experiences</td> <td>Yes</td> <td>No</td> </tr> <tr> <td>For our affiliates’ everyday business purposes– information about your creditworthiness</td> <td>No</td> <td>We do not share</td> </tr> <tr> <td>For nonaffiliates to market to you</td> <td>No</td> <td>We do not share</td> </tr> <tr> <td>For our Non affiliates’ everyday business purposes – information about your creditworthiness</td> <td>Yes</td> <td>No</td> </tr> </table> <table> <tr> <th>Questions?</th> <td>Contact us @ 6620 Southpoint Drive South, Ste. 230 Jacksonville, FL 32216 Phone 904-239-3638</td> </tr> <tr> <th colspan="2">Who we are</th> </tr> <tr> <th>Who is providing this notice?</th> <td>This privacy policy is being provided by In-House Capital, LLC, the owner of WorkPlaceCredit.com and a subsidiary of Pruvista LLC</td> </tr> <tr> <th colspan="2">What we do</th> </tr> <tr> <th>How does In-House Capital, LLC protect my personal information?</th> <td>To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We use encryption in the transmittal of your sensitive personal information between your systems and ours and we use firewalls.</td> </tr> <tr> <th>How does In-House Capital, LLC collect my personal information?</th> <td><b>We collect your personal information, for example, when you</b> <ul> <li>open an account or apply for a loan</li> <li>give us your contact information</li> <li>apply for financing</li> </ul> We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.</td> </tr> <tr> <th>Why can’t I limit all sharing?</th> <td>To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We use encryption in the transmittal of your sensitive personal information between your systems and ours and we use firewalls.</td> </tr> <tr> <th colspan="2">Definitions</th> </tr> <tr> <th>Affiliates</th> <td>Companies related by common ownership or control. They can be financial and nonfinancial companies. <ul> <li>Our affiliate includes financial companies such as Pruvista LLC.</li> </ul> </td> </tr> <tr> <th>Nonaffiliates</th> <td>Companies not related by common ownership or control. They can be financial and nonfinancial companies. <ul> <li>In-House Capital does share with the nonaffiliate Cross River Bank, a New Jersey chartered commercial bank since the loans are originated by them.</li> </ul> </td> </tr> </table> Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • In-House Capital does not jointly market with non-affiliated companies. Other important information Special Notice to California and Vermont Residents: We will not share any personal information about you with our affiliates to the extent prohibited by applicable state law or to the extent your prior consent to share is required by applicable state law. By signing below, I/We acknowledge receipt of this disclosure [Signature field] 2/4/2021 <table> <tr> <th>Date</th><th>Date</th> </tr> <tr> <td>Date</td><td>Date</td> </tr> </table> Bill of Sale for Consumer Loans In-House Capital LLC, a South Dakota limited liability company ("In-House Capital LLC") ("Buyer") and Cross River Bank, a New Jersey state chartered Bank ("Seller") executed a Loan Sale Agreement dated as of March 15, 2019 ("Agreement"). The terms of the Agreement will govern this Bill of Sale and any capitalized but undefined terms herein will have the meanings given to such terms in the Agreement. For value received and in further consideration of the mutual covenants and conditions set forth in the Agreement, the Seller hereby sell(s), to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Account Schedule attached hereto as Exhibit I delivered by Seller to Buyer on or before the Closing Date, and as further described in the Agreement. DATED: February 15, 2022 By: In-House Capital LLC By: ______________________ Name (Print): Devendra Kumar Sharma Title: CEO By: Cross River Bank By: ______________________ Name (Print): Arlen Gelbard Title: EVP, General Counsel By: Cross River Bank By: ______________________ Name (Print): Gilles Gade Title: President/CEO Exhibit 1 Account Schedule DocuSign Envelope ID [REDACTED] [REDACTED] In House Capital 2/4/2021 2/4/2021 3120 3000 20.99 2/9/2021 5 8.97 15.6