Marlette Funding Grantor Trust 2022 Trust 2022-1 v. Billy Kirtley

IN THE DISTRICT COURT OF GREER COUNTY STATE OF OKLAHOMA Marlette Funding Grantor Trust 2022, Trust 2022-1 Plaintiff, vs. Billy Kirtley, Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendants alleges and states as follows: 1. Defendant entered into an agreement with Marlette Servicing, LLC d/b/a Best Egg, for an installment loan issued by CROSS RIVER BANK with account number XXXX0449 (the "Agreement"). A copy of the Loan Agreement and Promissory Note and Truth in Lending Disclosure Statement are attached as composite Exhibit "A" and made a part of the complaint for all purposes. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Following the closing of the loan, all right title and interest in the Agreement was assigned to Plaintiff, Marlette Funding Grantor Trust 2022 Trust 2022-1, prior to any default by Defendant(s) under the terms of the Agreement, see attached Form Power of Attorney attached as composite Exhibit "B" and made a part of this complaint for all purposes. 2. Defendant owes Plaintiff $16,498.06. An Affidavit of Account and/or contract is attached hereto as Exhibit "C". WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $16,498.06, with interest at the statutory rate from the date of judgment, all court costs and a reasonable attorney's fee, and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Jennifer A Gani, #021876 Mariah S. Ellicott, #36309 Gracelyn Porras Dillingham, #35852 Ashton D. Sears, #35734 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405/720-0565 Fax: 405/720-9570 E-Mail: [email protected] Loan Agreement Billy Kirtley a155780e-9e31-45ee-90f5-adbd000d8565 Cross River Bank Best Egg Loan Agreement and Promissory Note The terms and conditions of this Loan Agreement and Promissory Note (this "Agreement") are a binding contract between Cross River Bank ("we," "us," or "our") and the borrower ("you" and "your"), whose name and address are listed above. The terms of this Agreement affect your rights and you should read them carefully and print a copy for your records. Your agreement to these terms means you agree to borrow and repay the money if your loan is approved under the terms of this Agreement, and agree to have any dispute with us resolved by binding arbitration to extent permitted by law. 1. Loan Terms. a. The principal Amount of Your Loan is: $35,412.98 b. The Origination Fee is: $1,412.98 c. The Amount Given to You Directly is: $34,000.00 d. The Interest Rate is: 12.13%. e. Your Payment Schedule is: 35 consecutive monthly payments of $1,178.42 and one final payment of the unpaid principal balance, all unpaid interest, and all unpaid fees and charges. The first payment will be approximately one calendar month after the loan is funded. See paragraph 7. Payments, below, for more details. f. Your loan is unsecured. 2. Credit Reports. You hereby authorize us (and our service providers) to obtain consumer reports (also called credit reports) and related information about you from one or more consumer reporting agencies. We may also obtain additional consumer reports at any time in connection with the origination, servicing, administration, collection, or enforcement of the loan. 3. Verification of Information. We may verify any information you submit by requiring you to produce appropriate documentation or other proof, and also reserve the right to conduct such verification through third parties. You hereby authorize us to request and obtain data from any third parties to verify any information you provide to us in connection with your application. Verification of information may cause a delay in the disbursement of loan proceeds. We may terminate consideration of your application at any time in our sole discretion. 4. Loan Funding and Closing. • Funding. Loan proceeds are disbursed as a deposit to your designated bank account and/or as a direct payment to the creditor(s) you designated, if any, pursuant to participating in Best Egg's Direct Pay program. You authorize us to disburse the loan proceeds by Automated Clearing House ("ACH") transfer to your designated account or on your behalf to your selected designee, including the creditor designated as set forth above. • Closing. BY ELECTRONICALLY SIGNING OR AGREEING TO THIS AGREEMENT IN ANOTHER WAY, YOU ARE COMMITTING TO OBTAIN A LOAN FROM US IN THE AMOUNT AND ON THE TERMS SET FORTH IN THIS AGREEMENT. YOU GENERALLY HAVE NO RIGHT TO RESCIND THE LOAN ONCE MADE BUT YOU MAY PREPAY THE LOAN AT ANY TIME WITHOUT PENALTY. WE HAVE NOT AGREED TO MAKE A LOAN TO YOU UNLESS AND UNTIL WE INFORM YOU THAT WE HAVE APPROVED YOUR LOAN APPLICATION. 5. Promise to Pay. You promise to pay to us the Amount of Your Loan set forth in paragraph 1, above, together with interest and fees as provided in this Agreement. 6. Interest. You agree to pay interest on the unpaid principal balance of the Amount of Your Loan from the date the loan proceeds are disbursed until the loan is paid in full, at the fixed annual Loan Interest Rate set forth in paragraph 1, above. Interest is calculated on a daily basis, on the unpaid principal balance, at the interest rate, and for the number of days that balance was unpaid. This is a simple interest obligation, and interest is not charged on unpaid interest. The Total Payments and amount of the Finance Charge set forth in the Truth in Lending Disclosure Statement assume that each payment is made on its due date. Late payments will result in more interest (and fees as set out in paragraph 12); early payments will result in less interest. 7. Payments. You agree to make monthly payments of principal and interest in the amounts set forth in the payment schedule in paragraph 1, above. The last payment may be a different amount because of rounding and because of when you made your prior payments and whether you paid them in full. 8. Making Your Loan Payments. If you authorize us and our successors and assigns (and any of our successors' and assigns' affiliates, agents or service providers) and in consideration of our disbursement of loan proceeds to you or your designee, including any creditor you designated pursuant to Best Egg’s Direct Pay program, more rapidly by ACH than by check, we will automatically withdraw via debit from your designated account by ACH transfer the amount of each payment due on its due date as further described below. With regard to payments made by automatic withdrawal, you have the right to stop payment of automatic withdrawals or revoke your prior authorization for automatic withdrawals by notifying us or your financial institution at least three (3) banking days before the scheduled date of transfer. You may elect at any time to make payments by check or another method by contacting our customer service department at 844-825-2608. If you do not provide authorization to debit your designated account by ACH transfer, then you will be deemed to have elected to pay by another method in accordance with the foregoing provisions. If you elect to make payments by ACH transfer, you authorize us and our successors and assigns (and any of our successors' and assign' affiliates, agents or service providers) to debit your designated account by ACH transfer for the amount of each remaining payment due on its due date. However, if your payment due date occurs on a non-business day, your account will be debited the next business day. You will maintain sufficient funds in your designated account to make these payments. This authorization does not affect your obligation to pay when due all amounts payable on your loan, whether or not there are sufficient funds in your accounts. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have. You have the right to have any unauthorized debit credited to your bank account in accordance with the applicable provisions of the Electronic Funds Transfer Act as implemented by Federal Reserve System Regulation E. If you stop the automatic withdrawals, you are still obligated to make each payment that is due. You will receive a monthly statement advising of your payment amount. If you elect to make payments by check or any method other than automatic withdrawal by ACH transfer, you must send such payments as directed on your monthly billing statements. We do not accept payments in cash or by credit card or gift card. You may also contact us for instructions on how to make payments by other payment options. 9. Prepayments and Partial Payments. You may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment is to be applied to any applicable payment or returned payment fees, interest, and then to the principal, and does not postpone the due date of any subsequent monthly installments, unless we otherwise agree in writing. If you prepay in part, you agree to continue to make regularly scheduled payments until all amounts due under this Agreement are paid. We may accept late payments or partial payments, even though marked “paid in full” or with similar language, without losing any rights under this Agreement. We will use any payment we receive to pay any payment then due, in whole or in part. If no payment is then due, we will use any payment of the regularly scheduled payment amount to pay the next scheduled payment. If the next scheduled payment has been paid, or if the payment is in another amount, we will treat the payment as a partial prepayment, unless you and we agree otherwise. 10. Application of Payments. All regularly scheduled payments are to be applied first to any applicable payment or returned payment fees, interest, and then to the principal, and then to collection and other permitted expenses provided; however, that after an Event of Default (as defined below), payments will be applied to your obligations as we determine in our sole discretion. 11. Other Borrower Obligations. You agree that you (A) are a US citizen or permanent resident and (B) did not and will not, in connection with your loan application: (i) make any false, misleading or deceptive statements or omissions of fact in your application; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; or (iii) use any of the loan proceeds to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous expenses, or room and board. You acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us. You certify 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. 12. Fees. • Origination Fee. If applicable, you agree to pay a non-refundable Origination Fee to us, as set forth in paragraph 1. Loan Terms, above. This fee will be deducted from your loan proceeds, so the Amount Given to You Directly or on your behalf may be less than the full principal Amount of Your Loan. You acknowledge that the Origination Fee will be considered part of the principal on your loan and is subject to the accrual of interest. • Returned Check or ACH Fee. You agree to pay a fee of $15 if ACH transfers or checks are returned or fail due to insufficient funds in your account or for any other reason. The bank that holds your designated account may assess its own fee in addition to the fee we assess. • Late Fee. If your payment is not received by us within three days of the due date, we will charge a late fee in the amount of $15. We will charge only one late fee on each late payment. These fees may be collected using ACH transfers initiated by us from your designated account. Any such late fee assessed is immediately due and payable (subject to application of payments in paragraph 10). Any payment received after 6:00 P.M., Eastern Time, on a banking day is deemed received on the next succeeding banking day. 13. Default. You may be deemed in default on your loan (each, an "Event of Default") if you: (1) fail to pay timely any amount due on your loan; (2) file or have instituted against you any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (3) die; (4) commit fraud or make any material misrepresentation in this Agreement, or any other documents, applications or related materials delivered to us in connection with your loan; or (5) fail to abide by the terms of this Agreement. Upon the occurrence of an Event of Default, and after any notice and opportunity to cure the default, if such notice and right to cure is required by applicable law, we may exercise all remedies available to us under applicable law and this Agreement including, without limitation, demand that you or your estate immediately pay all amounts owed on your loan. 14. Collection & Reporting of Delinquent Loans. You agree to pay all costs of collecting any delinquent payments, as permitted by applicable law, including, if we file suit in court, reasonable attorneys' fees for an attorney who is not our salaried employee. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 15. Communications Consent: You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assign's affiliates, agents or service providers) may call you, leave you a voice prerecorded, or artificial voice message, or send a text, e-mail, or other electronic message to you for any purpose related to the processing, servicing and collection of your loan, for surveys or research or for any other informational purpose related to your loan (each a "Communication") using an automatic telephone dialing system or otherwise. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assign's affiliates, agents or service providers) may call or text you at any telephone number associated with your loan, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan. You also agree that we and any of our affiliates, agents, service providers or assigns (and any of our assign's affiliates, agents or service providers) may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your data service provider may. In addition, you understand and agree that we and any of our affiliates, agents, service providers or assigns (and any of our assign's affiliates, agents or service providers) may always communicate with you in any manner permissible by law that does not require your prior consent. 16. Assignment of Your Loan. You agree that we may, without further prior notice to or consent from you, assign any or all of our right, title and interest in this Agreement and your loan, including record of this loan, the debt incurred, any transfer of the obligation and your promise to repay, to anyone. Marlette Funding, LLC or its agents or designees, acting solely for this purpose as your agent, shall maintain at one of its offices in Wilmington, Delaware a copy of each assignment delivered to it and a register for the recordation of the name and address of the holder of your loan (including any assign, if any, who becomes the holder of your loan pursuant to an assignment), and principal amounts (and stated interest) of your loan or loans owing to, such holder pursuant to the terms hereof from time to time (the "Register"). The entries in the Register shall be conclusive absent manifest error, and you, Cross River Bank or its agents or designees, and the holder of your loan (including any assign, if any, who becomes the holder of your loan pursuant to an assignment) shall treat the person whose name is recorded in the Register pursuant to the terms hereof as a holder of your loan hereunder for all purposes of this Agreement. Recordation in the Register is the sole means of assignment or transfer of the holder's (or its assign's) interest in your loan. The Register shall be available for inspection by you and any holder (including assigns), at any reasonable time and from time to time upon reasonable prior notice. 17. Entire Agreement. This Agreement represents the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your application and loan. 18. Electronic Transactions. THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES, WHICH YOU AGREED TO AT THE TIME OF YOUR APPLICATION. YOU EXPRESSLY AGREE THAT THIS AGREEMENT IS A "TRANSFERABLE RECORD" FOR ALL PURPOSES UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT. 19. Notices. All notices and other communications to you hereunder may be given by email to your email address on file with us or by regular mail to your address on file with us, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have sole access to the email account on file and that communications from us may contain sensitive, confidential, and collections-related communications. If your email address changes, you must notify us of the change. You also agree to update your residence address and telephone number if they change. You may send written correspondence to us at the following address: Best Egg, P.O. Box 42912, Philadelphia, PA 19101. You may also reach us by phone by dialing 844-825-2608 during normal business hours. 20. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 21. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. 22. Waiver of Demand. You hereby waive demand, notice of non-payment, protest, and all other notices or demands whatsoever, unless such waiver is prohibited by law. 23. Amendments. Any changes to this Agreement must be in writing signed by you and us. 24. Miscellaneous. The parties acknowledge that there are no third party beneficiaries to this Agreement. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this paragraph 24 shall be null and void. We are located in the State of New Jersey and this Agreement will be entered into in the State of New Jersey. The provisions of this Agreement will be governed by federal laws and, to the extent that state law applies and is not preempted by federal law, the laws of the State of New Jersey, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. Any waiver of a breach of any provision of this Agreement will not be deemed a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Agreement will not constitute a waiver of such term or condition. If at any time after the date of this Agreement, any of the provisions of this Agreement 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 Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement in any way. Special Note for Residents of Colorado: If you are a resident of the State of Colorado as of the date of this Agreement and the Annual Percentage Rate of your Loan as set forth in your Truth in Lending Disclosure Statement exceeds the maximum finance charge permitted for a “supervised loan” under C.R.S. § 5-2-201(2) then the provisions of this Agreement are governed by Colorado law except for terms preempted or authorized by federal law (including the interest rate, origination fee, late fee and returned check fee), which are governed by federal law and New Jersey law. 25. NOTICE TO ACTIVE DUTY MILITARY SERVICEMEMBERS AND THEIR DEPENDENTS: 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). For more information regarding your rights as a covered borrower under the Military Lending Act, please call 844-876-2611. 26. Arbitration. a. Either party to this Agreement, or any subsequent assign of this Agreement, 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 paragraph 26 (the "Arbitration Provision"), unless you opt out as provided in paragraph 26(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any assign (or persons claiming through or connected with us and/or any assign), on the other hand, relating to or arising out of this Agreement and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of paragraph 26(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. 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, counter-claims, 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. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to Best Egg, P.O. Box 42912, Philadelphia, PA 19101, only if received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send the opt-out notice in any manner you see fit as long as it is received at the specified address 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 your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or 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. 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 we (or any assign) elect arbitration, we (or the assign, as the case may be) shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect 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. We (or the assign, 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 you request that we (or the assign) pay them and we agree (or the assign 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 you 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. We agree not to invoke our right to arbitrate an individual Claim you 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 paragraph 26(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 26(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 Agreement and the relationship of the parties and/or assignee; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or this Agreement to any other person or entity. If any portion of this Arbitration Provision other than paragraph 26(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 26(f) are finally adjudicated pursuant to the last sentence of paragraph 26(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. i. EXCEPTION: Active duty military servicemembers and their dependents are exempt from arbitration to the extent provided for in the Military Lending Act. NOTICE TO CONSUMER: 1. Do not sign this Agreement before you read it. 2. You are entitled to a copy of this Agreement. 3. You may prepay the unpaid balance at any time without penalty. IMPORTANT: READ BEFORE SIGNING. The terms of this agreement 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. You may change the terms of this Agreement only by another written agreement. IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. Signature: Billy Kirtley, Signature Date: 10/10/2021 IP Address: 174.249.8.167 You can contact us for purposes of this Agreement at Best Egg, P.O. Box 42912, Philadelphia, PA 19101. For customer service, our telephone number is 844-825-2608. STATE LAW NOTICES: ALL BORROWERS: Oral agreements or commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt, are not enforceable. To protect you and us 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 later may agree in writing to modify. CALIFORNIA RESIDENTS: A married applicant may apply for a separate account. If we take any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis. CALIFORNIA and UTAH RESIDENTS: As required by California and Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. KANSAS (and IOWA residents if the principal amount of this loan exceeds $20,000): Important: read before signing. The terms of this agreement 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. We may change the terms of this agreement only by another written agreement. MARYLAND RESIDENTS: To the extent that any court determines that this Agreement is subject to Maryland law concerning consumer credit, you and we agree and elect to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with our authority under federal law (12 U.S.C. § 1831d) and related regulations and interpretations, which authority we expressly reserve. MASSACHUSETTS RESIDENTS: 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 you and us and any holder of this agreement 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. NEW HAMPSHIRE RESIDENTS: You are not required to sign this agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods or services. Reasonable attorney fees shall be awarded to the prevailing party in any action you bring against us or we bring against you. If we successfully assert a partial defense or set-off, recoupment, or counterclaim to an action brought by you, the court may withhold from you the entire amount or such portion of the attorney’s fees as the court considers equitable. NEW JERSEY RESIDENTS: The paragraph headings of this Agreement are a table of contents and not contract terms. Portions of this Agreement 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 Agreement, actions or practices (i) which are or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may be or will be taken by us unless prohibited by "applicable law" are permitted by New Jersey law. NEW YORK, RHODE ISLAND and VERMONT RESIDENTS: You understand and agree that we 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 you ask, you 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. You also understand and agree that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to you as a result of this application or for other legitimate purposes related to such loans. NORTH DAKOTA RESIDENTS ONLY: Notice: Money brokers are licensed and regulated by the Department of Financial Institutions, 2000 Schafer Street, Suite G, Bismarck, North Dakota 58501-1204. The Department of Financial Institutions has not passed on the merits of the contract and licensing does not constitute an approval of the terms or of the broker's ability to arrange any loan. Complaints regarding the services of money brokers should be directed to the Department of Financial Institutions. (NDAC 13-05-01-09) OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy 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. SOUTH DAKOTA RESIDENTS: Any improprieties in making the loan or in loan practices may be referred to the South Dakota Division of Banking, located at 1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501, or by phone at 605.773.3421. WISCONSIN RESIDENTS: For married Wisconsin residents, your signature confirms that this loan obligation is being incurred in the interest of your 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 our interest unless, prior to the time that the loan is approved, we are 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 you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you. TRUTH IN LENDING DISCLOSURE STATEMENT Lender Cross River Bank 885 Teaneck Road Teaneck, NJ 07666 Borrower Billy Kirtley <table> <tr> <th>ANNUAL PERCENTAGE RATE<br>The cost of your credit at 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>14.99%</td> <td>$8,424.70</td> <td>$34,000.00</td> <td>$42,424.70</td> </tr> </table> Your payment schedule will be as follows: <table> <tr> <th>Number of Payments</th> <th>Amounts</th> <th>When payments are due</th> </tr> <tr> <td>35</td> <td>$1,178.42</td> <td>First payment is due on 11/11/2021, and then monthly on the same date thereafter.</td> </tr> <tr> <td>1</td> <td>$1,180.00</td> <td></td> </tr> </table> Late charges: If your payment arrives after your 3-day grace period, you will be charged a late fee in the amount of $15. This fee is charged only once per late payment. Prepayment policy: If you pay off your loan in advance, you will not be charged a penalty. In the event of a prepayment, you will not be entitled to a refund of any pre-paid finance charges or other fees. See your Loan Agreement for any additional information about nonpayment, default or other matters related to your loan. Itemization of amount financed: Amount of Your Loan: $35,412.98 Origination Fee: $1,412.98 Amount Given to You Directly or your designee: $34,000.00 Annual Loan Interest Rate: 12.13%. Interest at this Loan Interest Rate plus the Origination Fee results in the Finance Charge and Annual Percentage Rate disclosed above. FORM OF POWER OF ATTORNEY July 25, 2020 This Power of Attorney is executed and delivered by Cross River Bank, a New Jersey state-chartered bank ("Bank") under the Amended and Restated Loan Servicing Agreement, dated as of September 15, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the "Servicing Agreement"), by and between the Bank (in the capacity of Purchaser under the Servicing Agreement), and Marlette Servicing, LLC ("Servicer"). Capitalized terms used herein and not otherwise defined shall have the meanings given thereto in the Servicing Agreement. The Bank hereby irrevocably constitutes and appoints Marlette Servicing, LLC, a Delaware limited liability company (the "Attorney") (and all officers, employees or agents designated by Attorney), with full power of substitution, as the true and lawful attorney in fact of the Bank with full irrevocable power and authority in its place and stead and in its name or in Attorney's own name, from time to time in Attorney's discretion, to take any and all appropriate action and to execute and deliver any and all documents and instruments that may be reasonably necessary to enable the Attorney to service, administer and/or collect the Loans, and, without limiting the generality of the foregoing, hereby grants to Attorney the power and right, on its behalf, without notice to or assent by it, in accordance with Accepted Servicing Practices, to: (a) open mail for it, and ask, demand, collect, give acquaintances and receipts for, take possession of, or endorse and receive payment of, any checks, drafts, notes, acceptances, or other instruments for the payment of moneys due in respect of the Loans, issue invoices in respect of unbilled Loans, and sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, drafts against debtors, assignments, verifications, and notices in connection with any Loans; (b) pay or discharge any taxes, liens, or other encumbrances levied or placed on or threatened against any Loans; (c) defend any suit, action or proceeding brought against it or any Loans if the Bank does not defend such suit, action or proceeding and settle, compromise or adjust any suit, action, or proceeding described above and, in connection therewith, give such discharges or releases as Attorney may deem appropriate; (d) sell, transfer, pledge, make any agreements with one or more persons to buy or otherwise acquire or collect on Charged-Off Loans or Loans in bankruptcy (each, a "Debt Sale Transaction"), and execute, in connection with such Debt Sale Transactions, any amendments or modifications of such agreement, any purchase and sale agreements, bills of sale, endorsements, assignments or other instruments of conveyance or transfer in connection therewith, and do, at Attorney's option and its expense, at any time or from time to time, all acts and other things that Attorney reasonably deems necessary to realize upon the Charged-Off Loans or Loans in bankruptcy as fully and effectively as it might do; (e) execute, acknowledge, deliver, file for record and/or record on behalf of the Bank all other agreements, documents, reports, filings, instruments, certificates and opinions required in connection with any Debt Sale Transaction, including, without limitation, notices, proofs of claim, affidavits, sworn statements, agreed orders, stipulations, modification agreements, or any other documents and/or agreements necessary or proper to effect any such sale; (f) name itself as an agent of the Bank, assignee, or beneficiary in any instrument or act relating to any Sale Transaction; and (g) do and perform any and every act required, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the Bank might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. No person to whom this Power of Attorney is presented, as authority for Attorney to take any action or actions contemplated hereby, shall be required to inquire into or seek confirmation from the Bank as to the authority of Attorney to take any action described below, or as to the existence of or fulfillment of any condition to this Power of Attorney, which is intended to grant to Attorney unconditionally the authority to take and perform the actions contemplated herein, and the Bank, irrevocably waives any right to commence any suit or action, in law or equity, against any person or entity that acts in reliance upon or acknowledges the authority granted under this Power of Attorney. The power of attorney granted hereby is coupled with an interest. This appointment is to be construed and interpreted as a limited power of attorney. The enumeration of specific items, rights, acts or powers herein is not intended to, nor does it give rise to, and it is not to be construed as a general power of attorney. Nothing contained herein shall (i) limit in any manner an indemnification provided by the Servicer to Purchaser or any of their Affiliate or other Indemnified Purchaser Party under the Servicing Agreement or (ii) be construed to grant the Servicer the power to initiate or defend any suit, litigation or proceeding in the name of Purchaser or otherwise, except as expressly provided for herein. By using this Power of Attorney, Servicer hereby agrees to and shall indemnify, defend and hold harmless Purchaser and its directors, officers, and employees, and each of their respective successors and assigns from and against any and all losses, costs, expenses (including, without limitation, actual attorneys' fees), damages, liabilities, demands or claims of any kind whatsoever arising out of or resulting from any misuse of this Power of Attorney by Servicer or any of its agents, designees or representatives. The foregoing indemnity shall survive the termination of this Power of Attorney. [Signature Page Follows] IN WITNESS WHEREOF, the Bank, has caused this Power of Attorney to be executed as of the date first written above. "BANK" (PURCHASER) CROSS RIVER BANK By: ____________________________ Name: Arlen Gelbard Title: EVP, General Counsel MARK ELBAZ Commission # 2418326 Notary Public, State of New Jersey My Commission Expires April 03, 2022 STATE OF ) ) ss.: COUNTY OF ) On the 23 day of July 2020 before me, the undersigned, a Notary Public in and for said State, personally appeared Arlen Gehard, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she or he executed the same in her or his capacity as EVP General Counsel for Cross River Bank, and that by her or his signature on the instrument, the person upon behalf of which the individual acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand affixed my office seal the day and year in this certificate first above written. Notary Public My Commission expires MARK ELBAZ Commission # 2419328 Notary Public, State of New Jersey My Commission Expires April 03, 2022 FORM OF POWER OF ATTORNEY July 20, 2020 This Power of Attorney is executed and delivered by Marlette Funding Consumer Loan Trust, a Delaware statutory trust (the "Trust") under the Loan Servicing Agreement, dated as of September 12, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the "Servicing Agreement"), by and between the Trust, as purchaser (in such capacity, the "Purchaser"), and Marlette Servicing, LLC ("Servicer"). Capitalized terms used herein and not otherwise defined shall have the meanings given thereto in the Servicing Agreement. The Trust hereby irrevocably constitutes and appoints Marlette Servicing, LLC, a Delaware limited liability company (the "Attorney") (and all officers, employees or agents designated by Attorney), with full power of substitution, as the true and lawful attorney in fact of the Trust with full irrevocable power and authority in its place and stead and in its name or in Attorney's own name, from time to time in Attorney's discretion, to take any and all appropriate action and to execute and deliver any and all documents and instruments that may be reasonably necessary to enable the Attorney to service, administer and/or collect the Loans, and, without limiting the generality of the foregoing, hereby grants to Attorney the power and right, on its behalf, without notice to or assent by it, in accordance with Accepted Servicing Practices, to: (a) open mail for it, and ask, demand, collect, give acquaintances and receipts for, take possession of, or endorse and receive payment of, any checks, drafts, notes, acceptances, or other instruments for the payment of moneys due in respect of the Loans, issue invoices in respect of unbilled Loans, and sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, drafts against debtors, assignments, verifications, and notices in connection with any Loans; (b) pay or discharge any taxes, liens, or other encumbrances levied or placed on or threatened against any Loans; (c) defend any suit, action or proceeding brought against it or any Loans if the Trust does not defend such suit, action or proceeding and settle, compromise or adjust any suit, action, or proceeding described above and, in connection therewith, give such discharges or releases as Attorney may deem appropriate; (d) sell, transfer, pledge, make any agreements with one or more persons to buy or otherwise acquire or collect on Charged-Off Loans or Loans in bankruptcy (each, a "Debt Sale Transaction"), and execute, in connection with such Debt Sale Transactions, any amendments or modifications of such agreement, any purchase and sale agreements, bills of sale, endorsements, assignments or other instruments of conveyance or transfer in connection therewith, and do, at Attorney’s option and its expense, at any time or from time to time, all acts and other things that Attorney reasonably deems necessary to realize upon the Charged-Off Loans or Loans in bankruptcy as fully and effectively as it might do; (e) execute, acknowledge, deliver, file for record and/or record on behalf of the Trust all other agreements, documents, reports, filings, instruments, certificates and opinions required in connection with any Debt Sale Transaction, including, without limitation, notices, proofs of claim, affidavits, sworn statements, agreed orders, stipulations, modification agreements, or any other documents and/or agreements necessary or proper to effect any such sale; (f) name itself as an agent of the Trust, assignee, or beneficiary in any instrument or act relating to any Sale Transaction; and (g) do and perform any and every act required, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the Trust might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. No person to whom this Power of Attorney is presented, as authority for Attorney to take any action or actions contemplated hereby, shall be required to inquire into or seek confirmation from the Trust as to the authority of Attorney to take any action described below, or as to the existence of or fulfillment of any condition to this Power of Attorney, which is intended to grant to Attorney unconditionally the authority to take and perform the actions contemplated herein, and the Trust, irrevocably waives any right to commence any suit or action, in law or equity, against any person or entity that acts in reliance upon or acknowledges the authority granted under this Power of Attorney. The power of attorney granted hereby is coupled with an interest. This appointment is to be construed and interpreted as a limited power of attorney. The enumeration of specific items, rights, acts or powers herein is not intended to, nor does it give rise to, and it is not to be construed as a general power of attorney. Nothing contained herein shall (i) limit in any manner an indemnification provided by the Servicer to Purchaser or any of their Affiliate or other Indemnified Purchaser Party under the Servicing Agreement or (ii) be construed to grant the Servicer the power to initiate or defend any suit, litigation or proceeding in the name of Purchaser or otherwise, except as expressly provided for herein. By using this Power of Attorney, Servicer hereby agrees to and shall indemnify, defend and hold harmless Purchaser and its directors, officers, and employees, and each of their respective successors and assigns from and against any and all losses, costs, expenses (including, without limitation, actual attorneys' fees), damages, liabilities, demands or claims of any kind whatsoever arising out of or resulting from any misuse of this Power of Attorney by Servicer or any of its agents, designees or representatives. The foregoing indemnity shall survive the termination of this Power of Attorney. Notwithstanding anything herein to the contrary, this Power of Attorney does not, and is not intended to, and will not be construed to, grant any authority to the Attorneys to (i) expand, increase, incur, or otherwise impose any duties, liabilities or obligations of or on the Trustee, as trustee or in its individual capacity, or (ii) provide any guaranty, indemnity or property of the Trustee, as trustee or in its individual capacity, for any reason whatsoever. [Signature Page Follows] IN WITNESS WHEREOF, the Purchaser, has caused this Power of Attorney to be executed as of the date first written above. MF CONSUMER LOAN TRUST (Purchaser) By Marlette Funding, LLC, its Administrator By: __________________________ Name: Jeffrey Meiler Title: CEO STATE OF ) Delaware ) SS.: COUNTY OF ) New Castle On the 23rd day of July 2020 before me, the undersigned, a Notary Public in and for said State, personally appeared Jeffrey Meier, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she or he executed the same in her or his capacity as CEO for Market Funding LLC not in its individual capacity but solely as Administrator of Market Funding Consumer Loan Trust, a Delaware statutory trust, and that by her or his signature on the instrument, the person upon behalf of which the individual acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand affixed my office seal the day and year in this certificate first above written. LAUREN B. THOMSON NOTARY PUBLIC STATE OF DELAWARE My Commission Expires February 13, 2021 Notary Public My Commission expires 2/13/2021 POWER OF ATTORNEY From Marlette Funding Grantor Trust 2022-1 and Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Grantor Trust Trustee to MARLETTE SERVICING, LLC KNOW ALL MEN BY THESE PRESENTS: Each of Marlette Funding Grantor Trust 2022-1 (the “Grantor Trust”) and Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as owner trustee of the Grantor Trust (the “Grantor Trust Trustee” and, together with the Grantor Trust, collectively, the “Grantors”), hereby makes, constitutes and appoints Marlette Servicing, LLC and its successors and assigns under the Servicing Agreement defined below (the “Servicer”) by and through itself, its affiliates and its permitted subcontractors, and their respective officers, designees and attorneys-in-fact, its true and lawful Attorney-in-Fact with full power of substitution, and hereby authorizes and empowers the Servicer, in the name of and on behalf of such Grantor, to have full power and authority to take any and all lawful acts which it may deem necessary or desirable to effect the servicing and administration of the Loans pursuant to the Loan Servicing Agreement, dated as of February 17, 2022, between the Grantor Trust and the Servicer (as amended, restated, supplemented or otherwise modified from time to time, the “Servicing Agreement”), including, but not limited to: (i) Collecting amounts payable under the Loans, (ii) Bringing legal actions, enforcing legal prosecution of claims and pursuing any other appropriate remedies in connection with the servicing and administration of the Loans, and (iii) Signing, executing, acknowledging, delivering, filing for record and/or recording on behalf of the Grantors all such documents, reports, filings, instruments, certificates and opinions required in connection with the foregoing, including, without limitation, notices, proofs of claim, affidavits, sworn statements, agreed orders, stipulations, modification agreements, subordination agreements, endorsements, allonges, assignments, and cancellations of promissory notes or other instruments evidencing secured or unsecured indebtedness; and assignments, full and partial releases, and terminations of UCC financing statements, or other evidence or instrument of lien or security, in each case, to the extent the Servicer is authorized to take such action pursuant to the Servicing Agreement. The power herein granted to the Servicer shall include the power to name itself as grantee, assignee, or beneficiary of said instrument or act. Each Grantor gives the Servicer full power and authority to execute such instruments and to do and perform all and every act and thing necessary and proper to carry into effect the power or powers granted by or under this power of attorney as fully as such Grantor might or could do, and hereby does ratify and confirm all that the Servicer shall lawfully do or cause to be done by authority hereof. Third parties without actual notice may rely upon the exercise of the power granted under this power of attorney, and may be satisfied that this power of attorney shall continue in full force and effect and has not been revoked unless an instrument of revocation has been made in writing by the Grantors. It is understood that (a) this power of attorney is executed and delivered by Wilmington Savings Fund Society, FSB, not individually or personally, but solely as the Grantor Trust Trustee of the Grantor Trust, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Grantor Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Savings Fund Society, FSB, but is made and intended for the purpose for binding only the Grantor Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) Wilmington Savings Fund Society, FSB, has made no investigation as to the accuracy or completeness of any representations and warranties made by the Grantor Trust in the Loan Servicing Agreement, and (e) under no circumstances shall Wilmington Savings Fund Society, FSB be personally liable for the payment of any indebtedness or expenses of the Grantor Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Grantor Trust under this power of attorney or any other related documents. Notwithstanding anything herein to the contrary, this power of attorney does not, and is not intended to, and will not be construed to, grant any authority to the Attorney-in-Fact to (i) expand, increase, incur, or otherwise impose any duties, liabilities or obligations of or on the Grantor Trust Trustee, as trustee or in its individual capacity, or (ii) cause the Grantor Trust Trustee to provide any guaranty or indemnity, or transfer or pledge any property (other than the trust estate) of the Grantor Trust Trustee, as trustee or in its individual capacity, for any reason whatsoever. This power of attorney shall be governed by and construed in accordance with the laws of the State of Delaware. IN WITNESS WHEREOF, this power of attorney is executed by the Grantor Trust on this 11th day of February, 2022. MARLETTE FUNDING GRANTOR TRUST 2022-1 By: Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely in its capacity as Grantor Trust Trustee of the Grantor Trust By: ________________________________ Name: Anthony Jeffery Title: Trust Officer ACKNOWLEDGMENT STATE OF Delaware COUNTY OF NEW CASTLE On the 11th day of February, 2022, before me personally appeared Anthony Jeffery, to me known and known to me to be an/a Trust Officer of Wilmington Savings Fund Society, FSB, and acknowledged said instrument so executed to be his/her free act and deed in said capacity and the free act and deed of Wilmington Savings Fund Society, FSB. DEMON C. A. REVERDITO Notary Public State of Delaware My Commission Expires on Jul 31, 2022 Notary Public Printed Name: Devon C. A Revedrito My Commission Expires: July 31, 2022 IN WITNESS WHEREOF, this power of attorney is executed by the Grantor Trust Trustee on this 11th day of February, 2022. WILMINGTON SAVINGS FUND SOCIETY, FSB, not in its individual capacity, but solely in its capacity as Grantor Trust Trustee of the Grantor Trust By: ______________________________ Name: Anthony Jeffery Title: Trust Officer ACKNOWLEDGMENT STATE OF Delaware COUNTY OF New Castle On the 11th day of February, 2022, before me personally appeared Anthony Jeffery of Wilmington Savings Fund Society, FSB, to me known and known to me to be the Trust Officer of Wilmington Savings Fund Society, FSB, and acknowledged said instrument so executed to be his/her free act and deed in said capacity and the free act and deed of Wilmington Savings Fund Society, FSB. DEVON C. A. REVERDITO Notary Public State of Delaware My Commission Expires on Jul 31, 2022 Notary Public Printed Name: Devon C. A Reverdito My Commission Expires: July 31, 2022 POWER OF ATTORNEY September 29, 2020 This Power of Attorney is executed and delivered by Theorem Prime + Yield Fund Master LP, a Cayman Islands limited partnership ("Purchaser") in connection with the Loan Servicing Agreement, dated as of September 29, 2020 (as amended, restated, supplemented or otherwise modified from time to time, the "Servicing Agreement"), by and among Purchaser, Theorem Main Master Fund LP, a Cayman Islands limited partnership and Marlette Servicing, LLC, as servicer ("Servicer"). Capitalized terms used herein and not otherwise defined shall have the meanings given thereto in the Servicing Agreement. The Purchaser hereby irrevocably constitutes and appoints Marlette Servicing, LLC, a Delaware limited liability company (the "Attorney") (and all officers, employees or agents designated by Attorney), with full power of substitution, as the true and lawful attorney in fact of the Purchaser with full irrevocable power and authority in its place and stead and in its name or in Attorney’s own name, from time to time in Attorney’s discretion, to take any and all appropriate action and to execute and deliver any and all documents and instruments that may be reasonably necessary to enable the Attorney to service, administer and/or collect the Loans, and, without limiting the generality of the foregoing, hereby grants to Attorney the power and right, on its behalf, without notice to or assent by it, in accordance with Accepted Servicing Practices, to: (a) open mail for it, and ask, demand, collect, give acquaintances and receipts for, take possession of, or endorse and receive payment of, any checks, drafts, notes, acceptances, or other instruments for the payment of moneys due in respect of the Loans, issue invoices in respect of unbilled Loans, and sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, drafts against debtors, assignments, verifications, and notices in connection with any Loans; (b) pay or discharge any taxes, liens, or other encumbrances levied or placed on or threatened against any Loans; (c) defend any suit, action or proceeding brought against it or any Loans if Purchaser does not defend such suit, action or proceeding and settle, compromise or adjust any suit, action, or proceeding described above and, in connection therewith, give such discharges or releases as Attorney may deem appropriate; (d) file or prosecute any claim, litigation, suit or proceeding in any court of competent jurisdiction or before any arbitrator, or take any other action otherwise deemed appropriate by Attorney for the purpose of collecting any and all such moneys due with respect to any Loans or otherwise with respect to the related Loans whenever payable and to enforce any other right in respect of its property; (e) sell, transfer, pledge, make any agreement with respect to, or otherwise deal with, any Loans (each, a "Sale Transaction"), and execute, in connection with such sale or action, any purchase and sale agreements, bills of sale, endorsements, assignments or other instruments of conveyance or transfer in connection therewith, and do, at Attorney’s option and its expense, at any time or from time to time, all acts and other things that Attorney reasonably deems necessary to perfect, preserve, or realize upon the Loans and Purchaser’s security interest thereon, all as fully and effectively as it might do; (f) sell, transfer, pledge, make any agreements with one or more persons to buy or otherwise acquire or collect on Charged-Off Loans or Loans in bankruptcy (each, a “Forward Flow Agreement”), and execute, in connection with such Forward Flow Agreements, any amendments or modifications of such agreement, any purchase and sale agreements, bills of sale, endorsements, assignments or other instruments of conveyance or transfer in connection therewith, and do, at Attorney’s option and its expense, at any time or from time to time, all acts and other things that Attorney reasonably deems necessary to realize upon the Charged-Off Loans or Loans in bankruptcy as fully and effectively as it might do; (g) execute, acknowledge, deliver, file for record and/or record on behalf of Purchaser all other agreements, documents, reports, filings, instruments, certificates and opinions required in connection with any Sale Transaction, including, without limitation, notices, proofs of claim, affidavits, sworn statements, agreed orders, stipulations, modification agreements, or any other documents and/or agreements necessary or proper to effect any such sale; (h) name itself as an agent of Purchaser, assignee, or beneficiary in any instrument or act relating to any Sale Transaction; and (i) do and perform any and every act required, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as Purchaser might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. No person to whom this Power of Attorney is presented, as authority for Attorney to take any action or actions contemplated hereby, shall be required to inquire into or seek confirmation from Purchaser as to the authority of Attorney to take any action described below, or as to the existence of or fulfillment of any condition to this Power of Attorney, which is intended to grant to Attorney unconditionally the authority to take and perform the actions contemplated herein, and Purchaser irrevocably waives any right to commence any suit or action, in law or equity, against any person or entity that acts in reliance upon or acknowledges the authority granted under this Power of Attorney. The power of attorney granted hereby is coupled with an interest. This appointment is to be construed and interpreted as a limited power of attorney. The enumeration of specific items, rights, acts or powers herein is not intended to, nor does it give rise to, and it is not to be construed as a general power of attorney. Nothing contained herein shall (i) limit in any manner an indemnification provided by the Servicer to Purchaser or any of their Affiliate or other Indemnified Purchaser Party under the Servicing Agreement or (ii) be construed to grant the Servicer the power to initiate or defend any suit, litigation or proceeding in the name of Purchaser or otherwise, except as expressly provided for herein. By using this Power of Attorney, Servicer hereby agrees to and shall indemnify, defend and hold harmless Purchaser and its directors, officers, and employees, and each of their respective successors and assigns from and against any and all losses, costs, expenses (including, without limitation, actual attorneys’ fees), damages, liabilities, demands or claims of any kind whatsoever arising out of or resulting from any misuse of this Power of Attorney by Servicer or any of its agents, designees or representatives. The foregoing indemnity shall survive the termination of this Power of Attorney. [Signature Page Follows] IN WITNESS WHEREOF, the Purchaser has caused this Power of Attorney to be executed as of the date first written above. THEOREM PRIME+ YIELD FUND MASTER LP (Purchaser) By: THEOREM PARTNERS LLC, its general partner By: ____________________________ Name: Brian Beck Title: GENERAL COUNSEL The foregoing Power of Attorney was signed in my presence on the date first written above by Brian Beck. Witness Signature ____________________________ Witness Name ________________________________ ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss.: On the 2 day of NOVEMBER 20 20 before me, the undersigned, a Notary Public in and for said State, personally appeared Brian Beck, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she or he executed the same her or his capacity as ____________________________, and that by her or his signature on the instrument, the person upon behalf of which the individual acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand affixed my office seal the day and year in this certificate first above written. IAN BRINK Notary Public - California Los Angeles County Commission # 2196830 My Comm. Expires Jun 9, 2021 Notary Public My Commission expires JUNE 9, 2021 25-29075-0 XOK Creditor Name: MARLETTE FUNDING GRANTOR TRUST 2022 Trust 2022-1 Debtor Name: BILLY KIRTLEY Creditor Ref. No XXXX0449 AFFIDAVIT OF INDEBTEDNESS STATE OF Delaware ) ) ss. COUNTY OF New Castle ) ) 1, Caitlyn Pann declare as follows: 1. I am a competent person over eighteen years of age. I am an authorized agent for Marlette Funding Grantor Trust 2022 Trust 2022-1 (CREDITOR). 2. The scope of my job responsibilities includes the performance of collection and recovery services. In the performance of my duties for Marlette Funding Grantor Trust 2022 Trust 2022-1, I am familiar with the manner and method by which Marlette Funding Grantor Trust 2022 Trust 2022-1 creates and maintains its normal business books and records, including computer records of its accounts held under the name of this CREDITOR. 3. Upon information and belief of Marlette Funding Grantor Trust 2022 Trust 2022-1's business records and practices for servicing of its accounts, the contents of this Declaration are true and correct. If called upon and sworn to testify hereto I could and would so competently testify thereto. 4. In the ordinary course of business Marlette Funding Grantor Trust 2022 Trust 2022-1 maintains or has access to copies of agreements/credit card applications entered into by the customer/debtor. The agreement specifically provides that Marlette Funding Grantor Trust 2022 Trust 2022-1 is entitled to recover, to the extent permitted by applicable law, its reasonable attorney's fees and costs incurred in any action to enforce its rights under the agreement. 5. In addition to the foregoing, Marlette Funding Grantor Trust 2022 Trust 2022-1 maintains, as a regular practice of its business, computer records of activity on CREDITOR accounts, including payments received and amounts owing on such accounts. It is the regular practice of Marlette Funding Grantor Trust 2022 Trust 2022-1's business that entries may be made in such computer records only by individuals having personal knowledge (from examining account documentation) of the information reflected therein and that such entries be made at or near the time the events reflected in them occurred. 6. The name of the Original Creditor is CROSS RIVER BANK. 7. BILLY KIRTLEY, entered into an agreement with CROSS RIVER BANK which had an account number of XXXX0449. 8. On February 17, 2022, MARLETTE FUNDING GRANTOR TRUST 2022 Trust 2022-1 became the successor in interest to this account. 9. The date of last payment on this account was on December 17, 2023. 10. The account was opened on October 12, 2021. 11. The balance due and owing to Marlette Funding Grantor Trust 2022 Trust 2022-1 by the account holder(s) on Account Number XXXX0449 as of the date hereof is $16,498.06, plus any interest accrued post default as allowed by law. I declare under the penalty of perjury that the foregoing is true and correct to the best of my knowledge. [Signature] Affiant Name [Signature] Date Subscribed and sworn to before me this 4 day of February, 2026. My Commission Expires: September 13, 2027 [Signature] Notary Public