Exhibit 3 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-5, E.D. Pa. No. 5:21-cv-04337)

Record facts

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

Full text

EX. 3 -- THE LOAN DOCUMENT 
CONTRACT BETWEEN PRESTAMOS AND 
PLAINTIFF HENDERSON 
Pla Appx 0029
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 1 of 14

‘DocuSign
Envelope IO:
SSSCBRSF-653A-4896-9168-82AECEDSE509
SB
(
U.S. Small Business Administration
jw
ON
NoTE
US.SmollBusiness
Administration
‘SBA Loan #
8614908807
‘SBA Loan Name
Paycheck Protection Program
|
4/29/2021
Loan Amount
$
1875
Interest Rate
Fixed at1%
Borrower
Kristina Henderson
Operating Company
Kristina Henderson
aide
Prestamos CDFI, LLC
PROMISE TO
PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
$ 1875
Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2.
DEFINITIONS:
“Collateral” means any
property taken assecurity for payment of this Note or any
guarantee of this Note,
juarantor” means each person or entity that signs aguarantee of payment of this Note,
“Loan” means the loan evidenced by this Note,
“Loan Documents”
means
the documents related tothis loan signed byBorrower, any
Guarantor, oF
anyone who
pledges collateral.
1A”
means the Small Business Administration, an Agency of the
United States of America.
‘SBA
Form 147
(060302) Version
4.1
Page
146
Pla Appx 0030
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DocuSign Envelope ID:S6SCBBSF-653A.4896.9168-82AECEDEGEOR
3.
PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
oan forgiveness payment
forgivenessifduring the 8to 24 week covered,
levels are maintained in the same manner asrequired forthe First Draw PPP
loan
‘This Note will mature five years from date offirst disbursement ofthis loan,
‘The interest rate is fixed and willnot be
Borrower must pay
this Note over the
Payments must be
Lender received the payment, then to
ca
yl
wi
pty, Become my Gen 20 peti
leifeapahd
20
percent and the Loan has been sold on the
Give
bs
Pay all accrued interest; and e. Ifthe prepayment is
days
us
SBA
Form
147
(060802) Veron 4.1
Page
216
Pla Appx 0031
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DocuSign Envelope ID:
S6SCBBSF-653A-4896-9168-82AEC6DG8809
*
DEFAULT:
Borrower is in default under this NoteifBorrower does not make apayment when due under this Note, orif Borrower
‘or Operating Company:
‘A.
Fails to doanything required
by this Note and other Loan Documents;
B.
Defaultsonany other loan with Lender;
C.
Does not preserve. or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D.
Does not disclose, or anyone acting on
their behalf does not disclose, any material fact to Lender or SBA;
FE,Makes,
terially
false
iontoLe
SBA;
F.
Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G.
Fails to pay any taxes when due:
H. Becomes the subject ofaproceeding under any
bankruptcy or insolvency law:
1.
Hasa receiver or liquidator appointed for any part oftheir business orproperty:
J.
Makes an assignment for the benefit of
creditors;
x"
‘
a
y
nge
Borrower's ability
to pay this Note;
Re
consolidates,
Lender's prior
written consent; oF
M. Becomes the subject ofa civil orcriminal action that Lender believes may materially affect Borrower'sa
pay this Nore,
¥
LENDER’S RIGHTS IF THERE IS A DEFAULT:
Without notice ordemand and without giving upany
of its rights, Lender may:
Require immediate payment of allamounts 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 atpublic or private sale, with or without advertisement,
moop>
LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A.
Bid on or buy the Collateral at its sale orthe 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 of thecea! Aran other singsthexpres my Ich—
prior liens, i
tes and cots.
Lender incur such expeners,
ay detandinedlate repayment renBerra i
expenses to the principal balance:
Release anyone obligated to pay this Note;
D.
Compromise, release, renew, extend or substitute any of the Collateral; and
‘Take any action necessary toprotect the Collateral or collect amounts owing on
this
Note.
wy
m
‘SBA
Form
147
(060302)Version
4.1
Page
36
Pla Appx 0032
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DocuSignEnvelope
ID:
965CBBSF-853A-4896.9168-82AECEDS8809
WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations,
Lender
orSBA
may usestateorlocal procedures erties papers, recording documents, giving notice, foreclosing
ii
from state or local
control,ei
tarorb ty.Asto
this Note, Bee sy nh
oxoni ln
hy Wal acaa te
to deny any obligation, defeat any claim of SBA, or preempt federal law.
SUCCESSORS AND ASSIGNS:
Under this Note,
Si
ir
and L
it
and assigns,
GENERAL PROVISIONS:
A.
All individuals and entities signing this Note are jointly and severally liable.
B.
Borrower waives all suretyship defenses.
Borrower
y
Lender to acquire, perfect, or maintain Lender's liens on Collateral,
D.
Lender may exercise anyofits rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any
ofits rights without giving up any of them.
é
Lender or SBA
i
i
ofthis Note.
Ifany part oFWN amsoaraca
 oai parts remain in effect,
To
the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest,and notice ofdishonor, Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, ormaintaina lien upon Collateral; impaired
Collateral; ofdid not obtain the fair market value of Collateral ata sale.
em
‘SBA
Form
147
(06/0302) Version
4.1
Papesis
Pla Appx 0033
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 5 of 14

10,STATE-SPECIFIC PROVISIONS.
None,
'Uniess otherwise prohibitedbylaw, the following additionalprovisions willapply:
Release
ofLender. In consideration of the agreement ofthe Lender toprovide this Note, and other good and
Borrower RELEASES,
ACQUITS AND FOREVER DISCHARGES
the Lender,itsdirectors, officers, shareholders, agents, contractors,
‘employees, affliates, attorneys, successors and assigns fromany
and allclaims, demands,liens, damages, actions
or suits,
s
y
9
.
y
of any
i
losses|
pei
(iyany
‘matter oF
thing done, omitted or suffered to be done bythe Lender,its directors, officers, shareholders, agents,
affiliates,attorneys, predecessors or assignors on or prior tothe date hereof.
‘SBA
Form
147
(060802)Version
4.1
Page
si
Pla Appx 0034
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 6 of 14

1,BORROWER'S NAME(S)
ANDSIGNATURE(S):
By signing below, cach individual or entity becomes obligated under this Note as Borrower
Borrower: Kfistina Henderson
eetigns
ce
4/29/2021
By
SBA
Form
147
(060302) Version
4.
Page's
Pla Appx 0035
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 7 of 14

DocuSign Envelope
ID:
S65CBESF-653A-4896-9168-82AECEDE8009
ADDITIONAL AND CORRECTION DOCUMENTS AGREEMENT
(ERRORS AND OMISSIONS AGREEMENT)
RE:
Loan by Lender, Prestamos CDFI, LLC to_“*istine Henderson
a(n)
$1875
considerationofPrestamos CDF, LLC, located at 1024 E Buckeye RD, Suite 270, Phoenix AZ 85034, (herein-
efter called Lender) making the above loan, each
of the undersigned, jointly and severally,
do hereby agree as follows:
1.
oalite event the promiesoy note or any otherdocument orothr wring evidencing, securing ox pertaning
the above loan is misplaced or lost ori
correct terms,
oF
rn
rnthe opinion of Lender, each of the undersigned aac
aris,
initial and deliver to Lender all documents
docunend
oroborwel. and
2
Inthe event L
of
hereof(or
but not executed for
), each of
the undersigned
shall execute,
acknowledge, inital and deliver to Lender allsuch additional documents or other writings
that Lender may reasonably request in connection with such loan:an
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 shallbo deemed given
and received
on the
earlierBel Lela
eat pal-dealigl
fecelved byone of the undersigned or (i) thee (8)
days ater
such
request smelled,
postage prepaid
and addresseda
any of the undersigned
atthelast knownaddressof the undersigned in accordance with the records ofLender, whichever
date occurs fst:and
4
ny
initial
and deliver any such document
or other writing requested
by Lender, 2
pyanysz es expenses, costs
orinterest,
‘each of the undersigned,
jointlyand severally,
agree to pay to Lender all losses, damages
and expenses
paid or incurred
by Lender
inany manner emanating therefrom or connected therewith, including (otntitedto) reasonable attomey’s
fees, and
each of the undersignedfurther agree that any such failure or refusal shall constitute a default
and an Eventof
Default underthe note
and all other writings evidencing,securing
orpertaining to said loan; aod
5.
Each ofthe undersigned hereby acknowledges that Lender is relying upon this agreement in making the
aasettthe undersigned further agree that this agreement () shall inure to the benefit of Lender and each Pla
h of the heirs,
eeetepresentatives, successors and assigns of each of the
doen
EXECUTED 4/29/2021
Ala)
‘Sole Proprietorship (Unregistered)
‘aoeTraeenica
Name-_Kristina Henderson
Title:_Owner
Pla Appx 0036
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 8 of 14

‘DocuSign
Envelope ID:
OBSCBBSF-853A-4898.9168.82AECEDEES09
BUSINESS PURPOSE STATEMENT
(SBA Paychock Protection Program)
1_Kristina Henderson
Owner
__of
_ Kristina Henderson
a(n)_______Sole Proprietorship(Unregistered), state as follows:
1.
To induce Prestamos CDF, LLC, 1024 E Buckeye Rd, Suite 270, Phoenix, AZ 85034, to
rxtend creditto
an)
|represent that the proceeds of the loan in theamount of $_1875
will
be
used
only for the following purpose(s):
Business related purposes
as authorized
by theU.S. Small BusinessAdministration
Paycheck
Protection Program andas specified in the loan application.
2.
understand
thattheabove-stated purposeis 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, inconnection
withthis loan.
EXECUTED 4/29/2021
Pla Appx 0037
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 9 of 14

DocuSign EnvelopeID:
96SCBBSF-653A-4896.5168-82AECSDE8809
NOTICE - NOORALAGREEMENTS
RE:
Loan by Lender, Prestamos CDFI, LLC to Borrower,_Kristina Henderson
a(n).
Sole
(\
1875
‘THE WRITTEN
LOAN
THE FINAL
BETWEEN THE
PARTIES
NOT
oR
“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 a financial institution loans or delays repayment of or agrees to
joan or delay repayment of money. goods, or another thing of value or to otherwise extend credit or make
a financial accommodation.
EXECUTED 4/29/2021
LENDER:
PRESTAMOS CDF, LLC
Sole Proprietorship (Unregistered)
By:
Namo: _ Kristina Henderson
Title:
Owner
Pla Appx 0038
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 10 of 14

‘DocuSign
Envelope IO:
S85CBBSF.853A.4896-0168-82AECEDS8809
WRITTEN CONSENT OF GOVERNING BODY
(SBA PPP loan)
Pursuant
governing documents for the borrowing
entiy Segre fu norte pa hr (Sata
Hav
coves
He donc
rao trae
pt
following resolutions and acknowledge
LLC (‘Lender’)is
making a
ihePapelProtection Program Second Draw Loans ofthe Small Business Administration ("SBA") as
act
wuthorized under Section 311 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
iy:
RESOLVED, that the undersigned hereby authorizes
the Authorized Person named below as the
appropriate
yoo Pusatble goraaig documents otf Company
(“Authorized
Person’),
toborrow money and tobtain credit from
the Lender, with ts principal office located in Phoenix,
‘Arizona,
inthe
amount stated in the
promissory note
executed by
Company and
payable toLender
(the “Loan’) and
dated onor about the
date hereof, hereinaiter
called the‘Loan’, including any
renewals, extensions, consoliations
or rearrangements of such indebtedness, upon such rms
{and
atsuch
rates
as heorshe
deems reasonable,
BEIT FURTHER RESOLVED, Langa
eis
authorizes the Authorized Person, for
name of theCompany
toprepare,
execute
and
deliver any and all
.
promissory notes, oan agreements
and eny and allofher documents
{0perform
any and all acts which may
be necessary or propertoeffect the borrowing
and to
erat an ler ny adalnumer
an pero
ay a cs outed y ta Lode
andior the SBA
in connection
with any matters herein
contained, including any renewals,
extensor, crsoldatons or earangnts ofsuchindbtdres up
such
san
at such
rales as the Authorized
Person, inhis 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
withthe execution and delivery ofany promissory
notes,
indsnand oll ther documents, and any
ane al acswhich may be necessary or proper toeffect
the borrowing, a
authorized, adopted, ratified, confirmed and approved
asthe acts and
deeds
ofCompany;
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 ofCompany,of otherwise todoallsuch further acts and things that the Authorized Person
‘proper in order
per
expressed
tobe kept and performed
byCompany, pursuant to theprovisions
ofanypromissory
notes, oan agreements and any
anda eer documents and
perform any anda acs which
may benecessary
or proper
toeffect
the
borrowing described
above;
BEITPURTICR RESOLVED, fel
ey govsreiand some) tnd ra etatoliWsil2K
thorized
oan guaranty, tan forgiveness, or othergovernment program related tothe Loan, and
BET FAI
Se S8 VED. i iy Se a as
ast
is Wena
Cone
and performed
the execution
ofthis Written Consent are hereby ratified and approved.
of
have been
Lender and
Lender
inwriting.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURES ON FOLLOWING PAGE)
Pla Appx 0039
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 11 of 14

DocuSign Envelope 1D:
S8SCBBSF-£53A-4896-0168-82AEC6D68809
IN WITNESS WHEREOF, the undersigned
have executed this consent effective as of 4/29/2021
Kristina Henderson
Ain)
Sole Proprietorship (Unregistered)
ed
By:
E: 2.
=
_eteerraesicn
Title:
_Owner
Pla Appx 0040
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 12 of 14

DocuSign Envelope ID: 965CBB5F-6534-4896-9168-52AEC6DG8809
omW-9
(Rev, October 2018)
Deparment ofthaTreasury
intemal Revenue Service
Request for Taxpayer
identification Number and Certification
> Go towww./rs.gov/FormW9 forinstructionsandthelatestinformation.
Give Form to the
requester.
Donot
sendtotheIRS.
Kristina Henderson
1
Name (as shown on your income tax relum). Name is required on this line,do not leave this ine blank.
2 Business name/disregardedentity name,if differanttromabove
_|__KristinaHenderson
following seven bows.
EX
Individual/sote proprietor or
[[] Other (see instructions)
LJ 6 Corporation
LJ $Corporation
L] Partnership
LJ
Trust/estate
3.Check appropriate box for fecteral tax classification of the person whose name is entered on
line 1 Chackonly one ofthe
4 Exemptions(codesapplyonlyto
Note: Check theappropriate box in ihe line above for the tax classification of thesingie-member owner, Go notcheck | ExemptiontromFATGA reporting
LLG Hfthe LUC isclassified as a single-momber LLG that isdisregarded from the owner unless theowner of the LLC in
another LLC that is notdieregarded from the owner for U.S. federal tax purposes. Otherwise, a angle member LLC that)
is
taregarded from theowner should check the appropriate box for the tax classification of its owner,
code(i any)
Agnes 2bacne
ered Guten me Lh)
& Address (number, street, and apt. or suite no.) See instructions.
21151 Boquet Dr
i
5
.
single-momber
LLG
H
CJ
Limited liabditycompany. Enter the tax classification (C=C corporation,
S5=5 corporation, P=Partnership)&
5
g
Requester'snameand address [optonal)
6 City, state, and ZIP code
Macomb
Mi
7 List account numbers) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box,TheTIN provided must match the name given on line 1to avoid
backup withholding, For individuals, this is generally your socialsecuritynumber (SSN),However, fora
resident alien, sole proprietor, or disregarded entity,see the instructions for Part |, later. Forother
entities, it igyour employer identificationnumber (EIN). Ifyou do not have a number, seeHow to get a
TIN, later.
Note: if the account is inmore than one name, seethe instructions for line 1.Also see What Name anc
Number To Give the Requester forquidelines onwhose number to enter.
Socialsecuritynumber
or
| Employer identification number
]
Certification
Under penalties of perjury, | certify that:
1, Thenumber shown on this form ismy correct taxpayer identification number (or |am waiting fora number to be issued tome); and
2. Lam not subject tobackup withholdingbecause:(a) | am exempt from backup withholding, or (b)| have not been notified by the intemal 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 lam
No longer subject to backup withholding:
and
3,lama U.S,citizen or other U.S. person (defined below}; and
4, TheFATCA code(s) entered on this form (if any) indicating that |.am exempt fram FATCA reporting is correct.
Certification instructions. You must cross out item 2above if youhave been notified by the IRS that you arecurrently subject to backup withholding because
you have failed (to report all interest and dividends on your taxretum. For real estate transactions. lem 2does not apply. Formortgage interest paid,
acquisition orabandonment ofsecured property, cancellationof debt, contributions to an individual retirement
(IRA), and generally, payments
olher than interest and dividends, you arenot required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, jater.
ae
General Instructions
Section references aré to the InternalRevenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation anacted
atter they were published, go to www.irs.gov/Formi9.
Purpose of Form
An individual or antity (Form W-9 requester) who is required to file an
informationreturnwiththeIRS must obtain your correct Laxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (TIN), adoption
taxpayer identification number (ATIN), oremployer identification number
(EIN), toreport
onan information
returntheamountpaidtoyou, or other
amount reportable on an information return, Examples of information
retums include, but are not limited to, the following.
* Form 1099-INT(interesteamed or paid)
Dater 4/29/2021
® Form 1099-DIV (dividends, including those from stocks ormutual
funcis)
* Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
* Form 1099-B (stock or mutual fund salesand certain other
transactions
bybrokers)
* Form 1099-S (proceeds from real estate ransactions)
* Form 1099-K (merchant card and third party network transactions)
» Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuitian)
* Form 1089-C (canceled debt)
* Form 1099-A (acquisition orabandonment of secured property)
Use Form W-9 only if you area U.S. person (including a resident
alien), toprovideyourcorrectTIN.
if you do net retum Form W-9
to the requester
witha TIN,you might
besubject
to backup withholding.SeeWhat is backup withholding,
later.
Cat. No. 10231%
Form W-9 (Rev, 10-2018)
Pla Appx 0041
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 13 of 14

DocuSign Envelope ID: S65CBB5F-6534-4896-9168-82AECEDG8808
Information and Bank Account Certification and Authorization:
| acknowledge 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, | understand, acknowledge, and
agree
that the Lender or its’
partners can
share any
financial
information that | 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 of good standing to comply with all SBA Loan Program Requirements
and or any and all SBA reviews.
I, Kristina Henderson
certify in good faith to the below information to be the nghtful and
correct owner of the 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. | further certify
that the account information provided below is true and accurate in all material respects.
BANK NAME:
Public Service Credit Union
ACCOUNT NAME:
Kristina Henderson
ACCOUNT NUMBER: i
ROUTING NUMBER: [x
Pla Appx 0042
Case 5:21-cv-04337-JMG     Document 163-5     Filed 05/21/25     Page 14 of 14

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