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Home Court filings Marshall v. Prestamos CDFI, LLC (PAED 589575) Exhibit 10 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-12, E.D. Pa. No. 5:21-cv-04337)

Court filing

Exhibit 10 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-12, E.D. Pa. No. 5:21-cv-04337)

Filed May 21, 2025 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.

Record facts

CourtU.S. District Court for the Eastern District of Pennsylvania
Filed2025-05-21

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 163-12 · 2025-05-21 · Docket on CourtListener

Full text

EX. 10 -- THE LOAN DOCUMENT 
CONTRACT BETWEEN PRESTAMOS AND 
PLAINTIFF SMITH 
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U.S. Small Business Administration
NOTE
SBA Loan #
8672599009
SBA Loan Name
Paycheck Protection Program
Date
6/2/2021
Loan Amount
$ 12500
Interest Rate
Fixed at 1%
Borrower
SHARON SMITH
Operating Company
SHARON SMITH
Lender
Prestamos CDFI, LLC
1.
PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order ofLender the amount of
$ 12500
Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
DEFINITIONS:
“Collateral” means any property taken as security for payment ofthis Note or any guarantee ofthis Note.
“Guarantor” means each person or entity that signs aguarantee ofpayment ofthis Note.
“Loan” means the loan evidenced by this Note.
“Loan Documents” means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
“SBA” means the Small Business Administration, an Agency ofthe United States ofAmerica.
SBA Form 147 (06/03/02) Version 4.1
Page 1/6
PRESTAMOS-00422727
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3.
PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
Initial Deferment Period: No payments are due on this loan beginning on the date offirst disbursement ofthis loan until
the loan forgiveness payment is remitted to the Lender by the SBA. Interest will continue to accrue during the deferment
period.
Loan Forgiveness:
First Draw PPP Loans made to eligible borrowers qualify for full loan forgivenessifduring the 8- to 24-week covered
period following loan disbursement:
oEmployee and compensation levels are maintained
oThe loan proceeds are spent on payroll costs and other eligible expenses; and
oAt least 60 percent ofthe proceeds are spent on payroll costs
Second Draw PPP Loans made to eligible borrowers qualify for full loan forgiveness ifduring the 8 to 24 week covered
period following loan disbursement:
oEmployee and compensation levels are maintained in the same manner as required for the First Draw PPP loan
oThe loan proceeds are spent on payroll costs and other eligible expenses; and
oAt least 60 percent ofthe proceeds are spent on payroll costs
The amount ofloan forgiveness shall be calculated (and may be reduced) in accordance with the requirements ofthe
Paycheck Protection Program, including the provisions of Section 1106 of the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act). Not more than 40%of the amount forgiven can be attributable to non-payroll costs.
Maturity: This Note will mature five years from date of first disbursement of this loan.
Repayment Terms: The interest rate on this Note is one percent per year. The interest rate is fixed and will not be
changed during the life ofthe loan.
For any amounts that remain owing on this Note after the SBA remits the forgiveness payment, Borrower must pay
principal and interest payments, in such amount as is required to fully amortize the unpaid balance of this Note over the
remaining term, beginning one (1) month following the SBA's forgiveness payment. Ifaforgiveness application is not
made within ten (10) months ofthe last day ofthe covered period, Borrower must pay principal and interest payments in
such amountas is required to fully amortize the unpaid balanceofthis Note over the remaining term.
Payments must be
made on the Ist calendar day in the months they are due.
Lender will apply cach installment payment first to pay interest accrued to the day Lender received the payment, then to
bring principal current, and will apply any remaining balance to reduce principal.
Loan Prepayment: Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note at any time without penalty. Borrower may prepay 20 percent or less of the unpaid
principal balance at any time without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the
secondary market, Borrower must: a.Give Lender written notice; b. Pay all accrued interest; and c. Ifthe prepayment is
received less than 21 days from the date Lender received the notice, pay an amount equal to 21 days interest from the date
lender received the notice, less any interest accrued during the 21 days and paid under b. ofthis paragraph. IfBorrower
does not prepay within 30 days from the date Lender received the notice, Borrower must give Lender a new notice.
Non-Recourse: Lender and SBA shall have no recourse against any individual shareholder, member or partner of
Borrower for non-payment ofthe loan, except to the extent that such shareholder, member or partner uses the loan
proceeds for an unauthorized purpose.
SBA Form 147 (06/03/02) Version 4.1
Page 2/6
PRESTAMOS-00422728
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4. | DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
z >
=™ooo
Ror
BO
Fails to do anything required by this Note and other Loan Documents;
Defaults on any other loan with Lender;
Does not preserve, or account to Lender’s satisfaction for, any of the Collateral or its proceeds;
Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender orSBA;
Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
Defaults on any loan or agreement with another creditor, ifLender believes the default may materially affect
Borrower’s ability to pay this Note;
Fails to pay any taxes when due;
Becomes the subject ofaproceeding under any bankruptcy or insolvency law:
Has a receiver orliquidator appointed for any part oftheir business or property;
Makes an assignment for the benefit ofcreditors;
Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender’s prior
written consent; or
Becomes the subject of
a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5.
LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A.
coe
o
Require immediate payment ofall amounts owing under this Note;
Collect all amounts owing from any Borrower or Guarantor;
File suit and obtain judgment;
Take possession ofany Collateral; or
Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6.
LENDER’S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A.
Bid on orbuy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B._ Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose ofthe Collateral.
Among other things, the expenses may include payments
for property taxes, prior liens,
appraisals,
costs, and
attorney’s
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C.
Release anyone obligated to pay this Note:
D.
Compromise, release, renew, extend or substitute any ofthe Collateral; and
E.
Take any action necessary to protect the Collateral or collect amounts owing on this Note
SBA Form 147 (06/03/02) Version 4.1
Page 3/6
PRESTAMOS-00422729
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7..|WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes.
By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability.
As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation,
defeat any claim of SBA, or preempt federal law.
8.
SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9.
GENERAL PROVISIONS:
A.
All individuals
and entities
signing this Note are jointly and severally liable.
B.
Borrower waives all suretyship defenses.
C.
Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender’s liens on Collateral.
D.
Lender may exercise any ofits rights separately or together, as many times and in any order it chooses.
Lender
maydelay or forgo enforcing any of its rights without giving up any ofthem.
E.
Borrower may not use an oral statement ofLender or SBA to contradict or alter the written terms ofthis Note.
7
Ifany part ofthis Note is unenforceable, all other parts remain in effect.
G.
To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value ofCollateral at a sale.
SBA Form 147 (06/03/02) Version 4.1
Page 4/6
PRESTAMOS-00422730
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10.
STATE-SPECIFIC PROVISIONS:
None
Unless otherwise prohibited by law, the following additional provisions will apply:
Release of Lender. In consideration of the agreement of the Lender to provide this Note, and other good and
valuable consideration, which consideration is agreed by Borrower to be good and sufficient, Borrower RELEASES,
ACQUITS AND FOREVER DISCHARGES the Lender, its directors, officers, shareholders, agents, contractors,
employees, affiliates, attorneys, successors and assigns from any and all claims, demands, liens, damages, actions
or suits, of whatsoever nature orcharacter, whether statutory (including without limitation usury and deceptive trade
practices claims), in contract or in tort, known or unknown, which have accrued or may accrue to Borrower or any
creditor or affiliate of Borrower on account ofany injuries, damages orlosses or otherwise arising out of or in any
way connected to (i) any extension of credit by the Lender to Borrower on or prior to the date hereof, or (ii) any
matter or thing done, omitted or suffered to be done by the Lender, its directors, officers, shareholders, agents,
employees, affiliates, attorneys, predecessors or assignors on or prior to the date hereof.
Notwithstanding anything else contained herein, this Note is not secured and there are no guarantors.
SBA Form 147 (06/03/02) Version 4.1
Page 5/6
PRESTAMOS-00422731
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11.
BORROWER’S NAME(S) AND SIGNATURE(S):
By signing below, cach individual or entity becomes obligated under this Note as Borrower.
BORROWER:SHARON SMITH
Dosusigned by
-
6/2/2021
By
Jean.
SBA Form 147 (06/03/02) Version 4.1
Page 6/6
PRESTAMOS-00422732
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ADDITIONAL AND CORRECTION DOCUMENTS AGREEMENT
(ERRORS AND OMISSIONS AGREEMENT)
RE:
Loan by Lender, Prestamos CDFI, LLC to. SHARON SMITH
, a(n)
Sole Proprietorship (Unregistered)
in the amount of $ 12500
In consideration of Prestamos CDFI, LLC, located at 1024 E Buckeye RD, Suite 270, Phoenix AZ 85034, (herein-
after called “Lender”) making the above loan, each of the undersigned, jointly and severally, do hereby agree asfollows:
1.
In theevent the promissory note orany other document or other writing evidencing, securing or pertaining
to the above loan is misplaced or lost or incorrectly reflects the true and correct terms, conditions or provisions of the loan
in the opinion of Lender, each of the undersigned shall execute, acknowledge, initial and deliver to Lender all documents
and other writings that Lender requests which Lender deems necessary to replace orcorrect any misplaced, lost or incorrect
document or other writing; and
2.
In theevent Lender deems it necessary that any additional documents orother writings be executed by any
oftheundersigned in connection with or pertaining to the above loan which have not been requested to be executed bythe
undersigned on or before the date hereof (or which were requested but not executed for any reason whatsoever), each of
the undersigned shall execute, acknowledge, initial and deliver to Lender all such additional documents or other writings
that Lender may reasonably request in connection with such loan; and
3.
Each of the undersigned further agrees to execute, acknowledge, initial and deliver to Lender all such
documents and writings and pay such additional sums requested by Lender within ten (10) days after Lender requests
same. Any request by Lender shall be deemed given and received on the earlier of (i) the date such request is actually
received by one of the undersigned or (ii) three (3) days after such request is mailed, postage prepaid and addressed to
any of the undersigned at the last known address of the undersigned in accordance with the records of Lender, whichever
date occurs first; and
4.
If any of the undersigned refuses or fails within such ten (10) day period to (i) execute, acknowledge, initial
and deliver any such document orother writing requested by Lender, or (ii) pay any such fees, expenses, costs orinterest,
each of the undersigned, jointly and severally, agree to pay to Lender all losses, damages and expenses paid or incurred
by Lender in any manner emanating therefrom or connected therewith, including (but not limited to) reasonable attorney's
fees, and each of the undersigned further agree that any such failure or refusal shall constitute a default and an Event of
Default under the note and all other writings evidencing, securing or pertaining to said loan; and
5.
Each of the undersigned hereby acknowledges that Lender is relying upon this agreement in making the
above loan and that Lender would not make such loan unless each oftheundersigned execute and deliver this agreement;
and each ofthe undersigned further agree that this agreement (i) shall inure to the benefit of Lender and each subsequent
holder of the note evidencing such loan, and (ii) shall be binding upon each of the undersigned and upon each of the heirs,
personal representatives, successors and assigns of each of the undersigned.
EXECUTED
6/2/2021
BORROWER:
SHARON SMITH
A(n)
Sole Proprietorship (Unregistered)
Docusigned by:
By: (Ahem
=
~—- EABCS4846BB640
Name:_ SHARON SMITH
Title:
Owner
PRESTAMOS-00422724
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BUSINESS PURPOSE STATEMENT
(SBA Paycheck Protection Program)
|, SHARON SMITH
Owner.
of __ SHARON SMITH
a(n)
Sole Proprietorship
(Unregistered), state as follows:
1.
To induce Prestamos CDFI, LLC, 1024 E Buckeye Rd, Suite 270, Phoenix, AZ 85034, to
extend credit to SHARON SMITH
a(n).
Sole Proprietorship (Unregistered)
| represent that the proceeds of the loan in theamountof$_ 12500
will
be
used
only for the following purpose(s):
Business related purposes as authorized by the U.S. Small Business Administration Paycheck
Protection Program and as specified in the loan application
2.
| understand that the above-stated purpose is for business or commercial purposes only
and that you are relying upon these representations in not making Truth-in-Lending disclosures pursuant
to 15 U.S.C. Section 1601, in connection with this loan.
EXECUTED
6/2/2021
ee
son)
PRESTAMOS-00422725
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NOTICE - NO ORAL AGREEMENTS
RE:
Loan by Lender, Prestamos CDFI, LLC to Borrower, SHARON SMITH
a(n).
Sole Proprietorship (Unregisterisuthe amount of$ 12500
THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIESAND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
“Loan Agreement” means one or more promises, promissory notes, agreements, undertakings,
security agreements, deeds of trust or other documents or commitments, or any combination of those
actions or documents, pursuant to which afinancial institution loans or delays repayment of or agrees to
loan or delay repayment of money, goods, or another thing of value or to otherwise extend credit or make
a financial accommodation.
EXECUTED
6/2/2021
LENDER:
PRESTAMOS CDFI, LLC
By:
Name:
JoseMartinez
Title:
President
BORROWER:
SHARON SMITH
Sole Proprietorship (Unregistered)
A(n)
ay (OA
Name:
SHARON SMITH
Title:
_Owner
PRESTAMOS-00422726
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WRITTEN CONSENT OF GOVERNING BODY
(SBA PPP loan)
Pursuant to applicable law, the undersigned, being the appropriate governing body pursuant to the
governing documents for the borrowing entity designated on the signature page hereof (“Company”),
hereby consent to the adoption of and do hereby adopt the following resolutions and acknowledge that
Prestamos CDFI, LLC (“Lender”) is relying on theeffectiveness hereof in making a loan to Company under
the Paycheck Protection Program Second Draw Loans of the Small Business Administration (“SBA”) as
authorized under Section 311 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues.
Act ("Economic Aid Act"):
RESOLVED, that the undersigned hereby authorizes the Authorized Person named below as the
appropriate person pursuant to the governing documents of the Company (“Authorized Person”),
for and on behalf and in the name oftheCompany, to take such action necessary for the Company
to borrow money and to obtain credit from the Lender, with its principal office located in Phoenix,
Arizona, in the amount stated in the promissory note executed by Company and payable to Lender
(the “Loan”) and dated on or about the date hereof, hereinafter called the “Loan”, including any
renewals, extensions, consolidations or rearrangements of such indebtedness, upon such terms
and at such rates as he orshe deems reasonable;
BE IT FURTHER RESOLVED, that the undersigned hereby authorizes the Authorized Person, for
and on behalf and in the name of the Company to prepare, execute and deliver any and all
applications, certifications, promissory notes, loan agreements and any and all other documents
and to perform any and all acts which may be necessary or proper to effect the borrowing and to
execute and deliver any and all instruments and perform any and all acts required by the Lender
and/or the SBA
in connection
with any matters
herein
contained,
including
any renewals,
extensions, consolidations or rearrangements of such indebtedness, upon such terms and at such
rates as the Authorized Person, in his or her sole discretion, deems reasonable;
BE IT FURTHER RESOLVED, that all the acts and deeds done or to be done by the Authorized
Person, in connection with the execution and delivery of any promissory notes, loan agreements,
and any and all other documents, and any and all acts which maybe necessary or properto effect
the borrowing, are hereby authorized, adopted, ratified, confirmed and approved as the acts and
deeds of Company;
BE IT FURTHER RESOLVED, that the Authorized Person be and
is hereby authorized and
directed to take such other action and deliver such additional instruments in the name of and on
behalf of Company, orotherwise to do all such further acts and things that the Authorized Person
shall deem necessary or proper in order to effectively perform all ofthe obligations and agreements.
expressed to be kept and performed by Company, pursuant to the provisions of any promissory
notes, loan agreements and any and all other documents and to perform any and all acts which
maybe necessary or proper to effect the borrowing described above;
BE IT FURTHER RESOLVED, that any government agency, including but not limited to, the SBA,
may also rely on this Written Consent when identifying any Authorized Person for purposes of any
loan guaranty, loan forgiveness, or other government program related to the Loan; and
BE IT FURTHER RESOLVED, that any and all acts authorized pursuant to this Written Consent
and performed prior to the execution of this Written Consent are hereby ratified and approved.
This Written Consent shall be continuing and shall remain in full force and effect until written notice
of its revocation shall have been delivered to the Lender and receipt acknowledged bythe Lender
in writing.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURES ON FOLLOWING PAGE]
PRESTAMOS-00422722
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IN WITNESS WHEREOF, the undersigned have executed this consent effective as of 6/2/2021
AUTHORIZED PERSON:
SHARON SMITH
A(n)
Sole Proprietorship (Unregistered)
EAgCa18A6BB64A
Name: _ SHARON SMITH
Title:
Owner
PRESTAMOS-00422723
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rom
W=9
(Rev. October 2018)
Request for Taxpayer
Identification Number
and Certifi
Department ofthe Treasury
Internal Revenue Service
> Go to www.irs.gov/FormW9 for instructions and the latest information.
T Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
SHARON SMITH
2 Business name/disregarded entity name, if different from above
SHARON SMITH
Give Form to the
Do not
send to the IRS.
©| 3.Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the| 4 Exemptions (codes apply only to
|
following seven boxes.
certain entities, not individuals; see
a
instructions
on page 3}:
S|
[Xl
individualsole proprietor or
[-] C Corporation
[] s Corporation
J
Partnership
(1 trustestate
2
single-member LL
Exempt payee code (if any)
§ 3
C1
Limited tiability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
&2
Note: Check the appropriate box in the line above for the tax classification of the single-member owner.
Do not check|
Exemption from FATCA reporting
e a
LLC if
theLLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC
is
code (if any)
es
another LLC that is net disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that!|
I
ae
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
[1] Other {see instructions) >
‘Aopites to
accounts maintained outside
the U.S.)
Address (number, street, and apt. or suite no.) See instructions.
4126 Groton
Requester’s name and address (optional)
&38
6 City, state, and ZIP code
HOUSTON
™
77047
7
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1to avoid _ | Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part |,later. For other
entities, itis your employer identification number (EIN). If you do not have a number, see How to get a
or
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1
Number To Give the Requesterfor guidelines on whose number to enter.
Employer identification number
Also see What Name and
Certification
Under penalties of perjury, |certify that:
1.The number shown on this form is my correct taxpayer identification number (or |am waiting for anumber to be issued to me); and
2. am not subject to backup withholding because: (a)|am exempt from backup withholding, or (b) |have not been notified by the Internal Revenue
Service (IRS) that |am subject tobackup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has notified me that |am
no longer subject tobackup withholding; and
3.lam a U.S, citizen or other U.S. person (defined below); and
4.The FATCA code(s) entered on this form (if any) indicating that |am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2above ifyou have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.
See the instructions for Part Il, later.
Sign
Signature of
°
-
Here |
us. ser
@ bes.
Date>
6/2/2021
General Instructions”
*
Form 1099-DIV (dividends, including those from stocks or mutual
n
Section references areto the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return,
Examples of information
retums include, but are not limited to, the following.
¢ Form 1099-INT (interest earned or paid)
funds)
* Form 1099-MISG (various types of income, prizes, awards, or gross
proceeds)
* Form 1099-8 (stock or mutual fund sales and certain other
transactions by brokers)
* Form 1099-S (proceeds from real estate transactions)
* Form 1099-K (merchant card and third party network transactions)
* Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
* Form 1099-C (canceled debt)
* Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are aU.S. person (including a resident
alien), to provide your correct TIN.
Ifyou do not return Form W-9 to the requester with aTIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat.
No. 10231X
Form W-9 (Rev. 10-2018)
PRESTAMOS-00422738
Pla Appx 0132
Case 5:21-cv-04337-JMG     Document 163-12     Filed 05/21/25     Page 13 of 14

DocuSign Envelope ID:
6600E8C 1-FF8D-4A63-B249-6ASDFA8ABAC2
Information and Bank Account Certification and Authorization:
Tacknowledge that the lender has to its best ability confirmed the ownership and active status ofthe depository
account at the Financial Institution listed
as required in the documents submitted to the SBA for PPP loan
approval.
I understand,
acknowledge, and agree
that the Lender or its’
partners can
share any financial
information that I have provided with along with the SBA's authorized representatives, including authorized
representatives of the SBA Office of Inspector General, or any of its affiliates or partners for the purpose of
compliance, accuracy, and verification ofgood standing to comply with all SBA Loan Program Requirements
and or any and all SBA reviews.
I, SHARON SMITH
certify in good faith to the below information to be the rightful and
correct owner ofthe account and am responsible for the accuracy and information provided below and authorize
the lender and or its affiliates or partners to deposit the loan proceeds on the company’s behalf. I further certify
that the account information provided below is true and accurate in all material respects.
BANK NAME:
Shell Fou
ACCOUNT NAME:
SHARON SMITH
ACCOUNT NUMBER:
ROUTING NUMBER:
(a
PRESTAMOS-00422721
Pla Appx 0133
Case 5:21-cv-04337-JMG     Document 163-12     Filed 05/21/25     Page 14 of 14

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