LOAN AGREEMENT NO - PDF document

1 LOAN AGREEMENT NO. {{ agreement.numbe
LOAN AGREEMENT NO. {{ agreement.number }} {{ agreement.appDate|date("d.m.Y") }} Lender: N.C.O. ‘MOGO LOANS’ LLC IDNO (tax code) 1017600033216 Address: MD - 2060, Chisinau mun., 20, Cuza - Voda av. Bank: BC EXIMBANK SA Account: MD49EX0000002251749484MD Bank code EXMMMD22 Bank: BC Victoriabank JSC Account: MD06VI022243000000173MD Bank code VICBMD2X Borrower: Name, surname : {{client.getName|emptyToDefise }} {{ client.getSurname|emptyToDefise }} Personal code: {{client.getClientIdentificator}} E - mail: {{ client.getEmail|emptyToDefise }} Tel.: {{ client.phone|emptyToDefise }} Part I. Special Provisions 1. Loan amount: {{ agreement.loanValue|money }} 2. Loan issuance commission ({{agreement.issuanceCommissi onRate}}% of the Loan amount, min 5000 MDL): {{ agreement.issuanceCommission|money }} 3. Total loan amount: {{ agreement.totalPrincipal|money }} 4. Monthly loan handling fee: {{agreement.amendment.schedulePayments[2].handli ng FeeAmount|money}} 5. Final maturity date: {{ agreement.scheduleEndDate|date("d.m.Y") }} 6. Interest rate: Fixed, {{ amendment.annualRate }} % annually 7. Loan term: {{ agreement.term.value}} months 8. Effective annual interest (EAI): {{ agreement.amendment.apr }} % 9. Method of payment: Annuity 10. Total loan - related costs: {{ agreement.loanTotalAmount|money }} Lender N.C.O. Mogo Loans LLC ___________________________ Borrower ___________________________ 11. Payment Schedule: Paym ent no. Payment date Total loan amount Repayment of the total loan amount Interest rate Payment of the loan handling fee Total monthly payment {{ paym {{ payment. {{ payment.unp {{ payment.pri {{ payment.tota {{ payment.han {{ payment.t ent.nu mber }} date|date( "d.m.Y") }} aidLoanAmo unt|money }} ncipalAmou nt|money }} lInterestAmo unt|money }} dlingFeeAm ount|money }} otalAmou nt|money }} 12. Guarantees: 10.1. Pledge Agreement No. {{ agreement.number }} - G from {{ agreement.appDate|date("d.m.Y") }} /surety: {{ getWarrantor.getName|emptyToDefise }} {{ getWarrantor.getSecondName|emptyToDefise }} , personal code: {{getWarrantor.getIdentificator}} , residence address: {{ getWarrantor.getDeclaredPrimaryAddress|emptyToDefise }} 13. Information at the time of conclusion of the Agreement: Tel. (022) 80 - 28 - 28, e - mail: info@mogo.md, working hours: working days 8.30 - 17.30; Saturday, Sunday - free days Lender N.C.O. Mogo Loans LLC ___________________________ Borrower ___________________________ Part II GENERAL DISPOSITIONS 1. Definitions and interpretations: Special provisions Part I of the Agreement. General dispositions Part II of the Agreement. Postal address of the Borrower Declared and/or current residence address of the Borrower brought to the attention of N.C.O. ‘Mogo Loans’ LLC when submitting the loan application. Bank account of N.C.O. ‘Mogo Loans’ LLC Bank account or bank accounts of N.C. O. ‘Mogo Loans’ LLC specified in the Special Pro

2 visions and the monthly invoice sent to
visions and the monthly invoice sent to the Borrower. If they are different, payments shall be made to the accounts specified on the invoice. Loan application Loan application submitted through the Customer Relations Centre in accordance with the provisions of Chapter 4 of the General Provisions. The Lender's website The Lender's website: www.mogo.md, or another website to be made know to the Borrower. Customer Relations Centre Subdivision of N.C.O. ‘Mogo Loans’ LLC, which provides services to customers. ‘Annuity’ method A procedure whereby the amount of Monthly Loan Repayment s is the same over the entire loan period. Loan issuance fee Payment for services rendered by N.C.O. ‘Mogo Loans’ LLC while i ssuing the loan, specified in the Special Provisions. ‘Bullet’ method A procedure whereby the Loan Amount and the interest are paid through a single payment at the final maturity date of the loan. Loan payments Payments due by the Borrower to the N.C.O. ‘Mogo Loans’ LLC under this Agreement, which consist of Monthly Loan R epayment s, if the ‘Annuity’ Method , Balloon Method or the single payment is applied, if the ‘bullet’ Method is applied. Penalties Applicable penalties specified in Clause 10.1, which are calculated in the event of default on the obligations stipulated i n the Agreement, including in the case of their inadequate fulfilment. Monthly loan interest rate Monthly payment due from the Borrower to N.C.O. ‘Mogo Loans” Loan interest rate A payment for lending, which is calculated from the total Loan LLC, which consists of monthly repayment s of the Total Loan Amount, of the Loan Interest and of the Handling Fee as specified in the Payment Schedule. Amount, from the date when a sum of money has been made available to the Borrower and until the date when that sum has been paid to the Lender in the manner provided for in this Agreement. Loan balance A share of the Total Loan Amount, which has not yet been repaid by the Borrower. Agreed payments Payments owed by the Borrower under this Agreement to N.C.O. ‘Mogo Loans’ LLC, which include Loan Payments and, if applicable, Penalties and/or other payments. Effective annual interest (EAI) Interest rate calculated in accordance with the legislation in force and specified in the Special Provisions. When calculating the EAI, it is assumed that the initially determined Interest Rate is fixed for the entire loan period; payments shall be made monthly according to the Payment Schedule. All expenses of N.C.O. ‘Mogo Loans’ LLC related to the implementation of the Agreement shall be taken into account when making the calculations. The Extension Fee, the Penalty and other additional payments specified in the Agreement or on the Website are not taken into account when making the calculations. Loan amount The amount of the loan issued by N.C.O. ‘Mogo Loans’ LLC to the Borrower. Payment schedule Loan payment schedule specified in the Special Provisions or in annexes to the Agreement. Total loan cost All costs, including the inter

3 est, commissions, fees and any other c
est, commissions, fees and any other costs incurred that the Borrower shall pay in connection with the Agreement and which are known to the Lender at the time of signing this Agreement, except for notary’s fees, duties and taxes charged under laws, po ssible costs for accessory services related to the Agreement. Extension fee A payment due from the Borrower to N.C.O. ‘Mogo Loans’ LLC for the change of the due date of the Loan Repayments or of the Loan at the Borrower's request. Loan handling fee A fee specified in the Special Provisions to be paid for loan handling costs, including for advertising costs or costs incurred by partners/distributors of N.C.O. ‘Mogo Loans’ LLC. Balloon method Payment method a pplicable for agreements with term of the loan of more than 12 (twelve) months. Includes equal monthly Loan Balloon Instalment Instalment whi ch includes the remaining outstanding principle under the Agreement and accrued contractual interest, specified in payments for the entire Loan Term and an option to pay a Balloon Payment under the provisions of Clause 5.9 of these G eneral Dispositions . Cla use 5.9 .2 of these G eneral Dispositions regardless of the date of payment of the instalme nt. The Balloon I nstalment replaces the corresponding all standard Loan payments . Upon payment, the Borrower repays all of its P rincipal , accrued I nterest and fee obligations under the Agreement in accordance with the provisions of Clause 5.9 o f these G eneral Dispositions . Interpretations: - In this Agreement, reference to a particular Clause should be interpreted as a reference to that Clause of the General Provisions. - In this Agreement, title and table of contents are included solely to facilitate references and do not affect the interpretation of the Agreement. - In this Agreement, ‘including’ and ‘includes’ shall be considered as being followed by ‘without limitation’ in cases where they are not followed. 2. Subject Matter of the Agreement The Borrower hereunde r undertakes to make available to the Lender a sum of money as a repayable loan provided the interest and other related payments will be paid. 3. Representations and Confirmations 3.1. The Borrower confirms and represents that: - his/her legal capacity is not limited, he/she is free to assume and fulfil his/her obligations under this Agreement, without the agreement, consent or other participation of a third party being required; - he/she meets the lending conditions, and has a declared and real residenc e address in the Republic of Moldova; - in the negotiations and upon the conclusion of this Agreement, he/she has acted with discernment, expressing his/her consent with the intention of producing legal effects free of any defects; - he/she is aware of the extent and effects of the obligations assumed under this Agreement, can control his/her actions, do not act under the influence of any error, downturn, violence or injury and has obtained independent professional counselling on this Agreement before concl uding it; - all documents and informat

4 ion submitted to the Lender are complete
ion submitted to the Lender are complete and correct both at the time of submission and at the date of signing this Agreement; - the conclusion of this Agreement and the assumption of obligations under it do not consti tute a violation of the Borrower's obligations under other legal acts to which he/she is a party or that apply to him/her otherwise; - he/she does not have any unpaid debt or unfulfilled obligation to a third party, which has not been disclosed to the Lender and is not a party to any pending litigation or, as far as he/she knows, under preparation, which may have a negative effect on the financial situation or of the Borrower's assets; - he/she has been informed and is aware of the list and amount of co mmissions, penalties and penalties for violating the provisions of this Agreement, and that their list is actually attached to this Agreement and made available on the Lender's website. The list of commissions, penalties and sanctions, as well as their act ual amount, can be unilaterally modified by N.C.O. ‘Mogo Loans’ LLC in the case referred to in Clauses 5.8, and 6.3. The change shall be made after placing the list of commissions, penalties and sanctions on the Lender's website, notifying at least 30 (thi rty) calendar days in advance the Borrower through an SMS and/or e - mail; - N.C.O. ‘Mogo Loans’ LLC has given him/her sufficient time before signing this Agreement, pre - agreed information as well as appropriate, necessary, complete and clear explanations, i ncluding that one related to the Total Loan Cost, which has allowed the Borrower to assess and make an informed and rational decision; - the Clauses of this Agreement do not disadvantage him/her and are fully adapted to his/her needs and interests, as well as his/her financial situation. 4. Issuance of the Loan 4.1. N.C.O. ‘Mogo Loans’ LLC may refuse to issue the loan, while informing the Borrower in this regard. N.C.O. ‘Mogo Loans’ LLC is not obliged to justify its refusal. However, if the refusal is bas ed on the information contained in a database of debtors, N.C.O. ‘Mogo Loans’ LLC shall inform the Borrower within 7 (seven) calendar days, free of charge, in writing or, at his/her express request, in a form chosen by the Borrower and agreed by N.C.O. ‘Mo go Loans’ LLC (e - mail, fax, telex), in connection with the outcome of this consultation and the features of the consulted database. If the refusal to issue the loan is based on negative loan report information, N.C.O. ‘Mogo Loans’ LLC shall provide the Bor rower, free of charge, with a copy of the loan report. 4.2. The Borrower may apply for a new loan by submitting a Loan Application. N.C.O. ‘Mogo Loans’ LLC may not execute the loan application, including if the Borrower violates any of the provisions of th e agreements already concluded with N.C.O. ‘Mogo Loans’ LLC. 4.3. The Borrower agrees to pay N.C.O. ‘Mogo Loans’ LLC the Loan issuance commission according to the Payment Schedule. 5. Agreed Payments 5.1. The Borrower undertakes to make, and N.C.O. ‘Mo go Loans’ LLC to accept, Loan Payments in the currency, in the manner and within the terms of paymen

5 t laid down and specified in the Agreem
t laid down and specified in the Agreement. N.C.O. ‘Mogo Loans’ LLC shall prepare and submit to the Borrower invoices for Monthly Loan Repayment s, which are valid without signature and stamp and shall be sent to the Borrower to the e - mail specified in its Loan Application and/or the Agreement. The parties may agree on drawing up a new payment schedule. 5.2. The Borrower shall make the Agreed Payments by bank transfer or in cash to the Bank Account of N.C.O. ‘Mogo Loans’ LLC. A payment shall be deemed to have been made if the N.C.O. ‘Mogo Loans’ LLC is credited with the full amount of the payment. 5.3. The Borrower is required to indicate in both the payment or der and the cash collection order the number and date of the Agreement and the correct destination of the payment to be make. 5.4. If, upon making the payment, the Borrower does not comply with the provisions of Clauses 5.2 and 5.3, N.C.O. ‘Mogo Loans’ LLC has the right to consider such payments as being unpaid, with all the effects provided for in the Agreement for cases of default on the obligations. 5.5. The Borrower is entitled, at any time, to notify about this in writing N.C.O. ‘Mogo Loans’ LLC 5 (fiv e) working days in advance, to pay in advance, in full or in part the Agreed Payments. In this case, the Borrower is entitled to a reduction of the Total Loan Cost, and this reduction shall consist of the interest and costs related to the period between th e date of early repayment and the final maturity date of the loan. If the Borrower pays in advance only a part of the Agreed Payments, it may request in writing for this purpose N.C.O. ‘Mogo Loans’ LLC either to subsequently change the Payments Schedule or to keep the original maturity dates of the Payment Schedule, whole referring the partial early payment to the category of advance payments to be used for paying future Monthly Loan Repayment s according to the maturity date originally laid down in the Paym ent Schedule. 5.6. In the case of early repayment by the Borrower, N.C.O. ‘Mogo Loans’ LLC is entitled to a reasonable and objectively justified compensation for possible early repayment costs, provided that early repayment is made at a time when the inter est rate is fixed. Such compensation shall, in any case, not exceed the amount of interest that the Borrower would have paid during the period between the early repayment and the maturity date of the loan and shall make up: a. 1% of the amount of Early Rep aid Agreed Payments, if the time period between the early repayment and the agreed date of repayment of the Agreement is longer than one year; b. 0.5% of the amount of Early Repaid Agreed Payments if the time period between the early repayment and the agre ed date of repayment of the Agreement is no longer than one year. 5.7. If the due date of the payment is a rest day or a non - working holiday, payments shall be made no later than the next working day. 5.8. If after the signing of the Agreement and in the course of its implementation, legal amendments (including new legal acts have entered into force), which require charging some taxes, duties, tariffs, including those established under law thr

6 ough decisions and administrative order
ough decisions and administrative orders of central and loca l public authorities, which imply the increase or decrease of the Agreed Payments, the Lender shall have the right to increase or, as the case may be, decrease the Agreed Payments subject to a prior written notice sent to the Borrower 30 (thirty) calendar days in advance until the applicable amendments have been applied, while sending to the Borrower the invoice and the new Payment Schedule. Failure of the Borrower to sign the addendum specified in Clause 12.8 shall be considered a tacit acceptance of the a mendments. 5.9. For agreements with a term of more than 12 (twelve) months where this is provided for in the Agreement , the Borrower may avail himself / herself of the right to pay a Balloon Instalment with which to repay early on its obligations under the Agrement without having to pay early repayment fee according to Clause 5.5 of these General Dispositions . 5.9.1. The Balloon Instalment could be paid by the Borrower in the period from the day following the maturity of the respective eleventh (multiple of eleven) standard Loan payment to the maturity of the respective twelfth (multiple of twelve) standard Loan payment of each Loan year . The payment period and amount of the Balloon Instalment shall be all unpaid Loan payments according to Payment schedule . 5.9.2. In order to exercise its right to use Balloon Instalment, the Borrower contacts the Lender with request to provide precise sum of Balloon Instalment, and shall pay the Balloon Instalment to the specified amou nt and within the specified period explicitly indicating the following text in the description of the bank transfer payment order: “Balloon Instalment under ( Agreement number) ” 5.9.3. In case the requirement under item 5.9 .2 is not fulfilled, t he Lender will consider that the payment is made for a standard early repayment and will charge a early prepayment fee in accordance with Clause 5.5 of these General Dispositions. 5.10. The right to Balloon Installment does not limit the Borrower 's right to r epay the obligations under the Agreement in advance at any other time of the Agreement Term. In this case, the Borrower will be charged early repayment fee in accordance with paragraph 5.5 . of these General Dispositions. 5.11. The payment of the Balloon In stallment does not relieve the Borrower from its obligations to repay the remaining outstanding amounts under the Agreement . 6. Interest 6.1. The Borrower shall pay N.C.O. ‘Mogo Loans’ LLC the Loan Interest calculated by N.C.O. ‘Mogo Loans’ LLC based on the Interest Rate specified in the Special Provisions. 6.2. The interest rate may be changed: a. by mutual consent of the Parties, or b. unilaterally by the Lender, depending on the change of the basic rate of the National Bank of Moldova, the inflation rate and the development on the market, including the change of the EUR or USD exchange rate by more than 10% compared to the rate as of the date of this Agreement, taking into account the rules of equity, while notifying the Borrower by e - mail a nd/or SMS at least 10 (ten) d

7 ays prior to changing the interest. Fa
ays prior to changing the interest. Failure of the Borrower to appear at the office of N.C.O. ‘Mogo Loans’ LLC within 20 (twenty) days of receipt of the notice in order to sign a supplementary agreement shall constitute a tacit acceptance by the Borrower of the new terms and conditions. 6.3. Without prejudice to the provisions of Clause 6.2, N.C.O. ‘Mogo Loans’ LLC has the right to change the Interest Rate or the amount of some other fees for financial services without prior not ice, if there is a valid reason, being required to inform the Borrower immediately in this respect and the Borrower shall be free, on that ground, to terminate the Agreement or, where applicable, to early repay the Agreed Payments, without any additional c ost due from the Borrower. 7. Right of withdrawal 7.1. The Borrower may, within 14 (fourteen) calendar days from the date of the Agreement, exercise his/her right of withdrawal without giving any reasons. 7.2. The Borrower shall notify in writing N.C.O . ‘Mogo Loans’ LLC about the exercise of the personal right of withdrawal , by filing a request at the address of N.C.O. ‘Mogo Loans’ LLC, or by sending by post before the end of the term specified in Clause 7.1 the notice of withdrawal with acknowledgment of receipt. 7.3. If upon receipt of the Borrower's notice of exercising the right of withdrawal , N.C.O. ‘Mogo Loans’ LLC has already paid to the Borrower the entire or a part of the loan, the Borrower shall be obliged to return to N.C.O. ‘Mogo Loans’ LLC, within 3 (three) calendar days from sending the notice of exercising the right of withdrawal, without undue delay the amounts received and the increased interest for this period. 7.4. Should the Borrower exercise his/her right of withdrawal , N.C.O. ‘Mogo L oans’ LLC shall be entitled to a compensation for any non - refundable fees paid by it to the public administration. 8. Extension of the Loan Term 8.1. The Borrower may propose to extend the loan term, (i) by filling in a request at the Customer Relatio ns Centre, or (ii) by submitting a request in the following form: ‘Please, extend the loan term according to the agreement No. (please specify as Agreement No.)’ from the Borrower's e - mail address specified in the Loan Application to the e - mail address of N.C.O. ‘Mogo Loans’ LLC specified in the Agreement or on the Website of the Lender. 8.2. After N.C.O. ‘Mogo Loans’ LLC has received and analysed the request to extend the term, N.C.O. ‘Mogo Loans‘ LLC shall decide at its sole discretion whether to accept t he change of the loan term and the Extension Fee, while notifying the Borrower thereof. The Extension Fee shall be applied to and charged from the Borrower only if the maturity is changed by more than 30 (thirty) days. 8.3. Within 3 (three) working days fr om the notice of the Borrower in accordance with Clause 8.2, the Borrower shall pay to N.C.O. ‘Mogo Loans’ LLC the Extension Fee through transfer or in cash, while expressly indicating in the payment destination that ‘I agree with the extension of the loan term according to the agreement No. (please specify the Agreement No.)’.

8 If N.C.O. ‘Mogo Loans’ LLC has not
If N.C.O. ‘Mogo Loans’ LLC has not collected the Extension Fee within the term set out in this Clause, the decision of N.C.O. ‘Mogo Loans’ LLC on the extension of the term shall be c ancelled and the Borrower shall request again and in writing the extension of the loan term. 8.4. N.C.O. ‘Mogo Loans’ LLC may reject the Borrower's request to extend the loan term, while notifying the Borrower thereof. N.C.O. ‘Mogo Loans’ LLC is not oblig ed to justify its refusal. 8.5. The extension of the loan term shall apply and shall take effect only after N.C.O. ‘Mogo Loans’ LLC has collected the Extension Fee and the Borrower has signed the new Payment Schedule. 9. Rights and Obligations 9.1. The B orrower is required to ensure the establishment of the guarantees agreed in the Special Provisions. The Borrower shall ensure the substitution or completion of the guarantees, in the manner and within the time period specified in the request to do so from N.C.O. ‘Mogo Loans’ LLC, in the cases provided for in the law or when, after the independent valuation, it is found out that the market value of the guarantees has decreased. 9.2. The Borrower is required to use only secure electronic communications tools and equipment for the duration of the Agreement. 9.3. The Borrower shall inform immediately and in writing N.C.O. ‘Mogo Loans’ LLC, but no later than 5 (five) working days, about any change in the data indicated in the Agreement or in the Loan Application. 9.4. At the request of N.C.O. ‘Mogo Loans’ LLC, the Borrower undertakes to provide it without undue delay with any documents confirming his/her income and assets and documents proving the financial and legal situation of the Borrower in a sufficient volume to reassess his/her creditworthiness. 9.5. At the Borrower's request, N.C.O ‘Mogo Loans’ LLC shall be obliged to send it, free of charge, according to the frequency of transmission of the monthly payment sheets of the Monthly Loan Repayme nt s, on paper or on another durable medium, as decided by N.C.O. ‘Mogo Loans’ LLC, a statement of account/statement of payments in the form of a Payment Schedule indicating the Monthly Loan Repayment s due, as well as the terms and conditions for the paymen t of these amounts. The Schedule shall contain a breakdown of each refund indicating the repayment of the total amount of the loan, the interest calculated on the basis of the Interest Rate and any additional costs. 9.6. Should one of the cases referred to in Clause 11.2 occur, N.C.O. ‘Mogo Loans’ LLC may terminate the Agreement by a written statement of termination containing the cause and a term of 15 (fifteen) days for making the Agreed Payment. The Agreement shall be deemed to be terminated from the day : - when the Borrower has received the statement of termination by mail (according to the postal notice of receipt); - when the statement has been handed to the Borrower at the Customer Relations Centre, as confirmed by the date and signature of the Borrow er on the extract of the statement of termination; - indicated in the text of the statement of termination in the case referred to in Clause 1

9 1.2 (a). 9.7. The Parties agree that t
1.2 (a). 9.7. The Parties agree that the amounts paid by the Borrower, including late, irrespective of the destina tion of the payment indicated by the Borrower, shall be charged in the following sequence: a. the costs incurred by N.C.O. ‘Mogo Loans’ LLC, including for the Borrower (fines, insurance premiums, etc.); b. the Loan Interest, commissions and other benefits to N.C.O. ‘Mogo Loans’ LLC (including Penalties); c. the Loan Balance. 10. Penalty Clause and Commissions 10.1. N.C.O. ‘Mogo Loans’ LLC may apply penalties for the failure to make the Agreed Payments in due time, in the amount of 0.5% (half of percent) of the outstanding amount for each day of delay. At the same time, the Borrower shall pay to the Lender for the delayed payment the single penalty for late payment in accordance with the Annex to this Agreement. 10.2. The payment of Penalties shal l not release the Borrower from the fulfilment of the violated obligations and/or from other obligations laid down in the Agreement. 10.3. The debtor shall pay the fees and commissions laid down in the Special Provisions, Clauses 5.6, 8.2 and those in the Annex to this Agreement. 10.4. N.C.O. ‘Mogo Loans’ LLC shall not be liable for any losses incurred by the Borrower as a result of breaching the provisions specified in Clause 9.2, including for failures of communication or electronic data exchange and payment systems of banks and other payment service providers (including internet banking) that are out of control of O.CN ‘Mogo Loans’ LLC. 11. Duration and Termination of the Agreement 11.1. The Agreement shall enter into force on the date of signature a nd shall be in force until the full execution of the obligations under it. Any payment obligation of the Borrower shall be deemed to have been fulfilled only when the amount due has actually been credited to the Bank Account of N.C.O. ‘Mogo Loans’ LLC. 11. 2. Occurrence of the following events will be considered a default of the Borrower on the agreed obligation, which will entitle N.C.O. ‘Mogo Loans’ LLC to submit a written statement of termination, subject to Clause 9.6, as appropriate, and to terminate th e Agreement: a. the Borrower has not paid, in due time and in full, at least 2 (two) Monthly Loan Repayment s, after N.C.O. ‘Mogo Loans’ LLC has granted the Borrower 15 (fifteen) days to pay the remaining amount; b. the pledged asset is no longer the proper ty of or in the legal possession of the pledger or has been damaged (if the Borrower failed to ensure its substitution or completion in the manner and within the term indicated in the request to do so from N . C.O. ‘Mogo Loans’ LLC) , or the rights to use it are limited by third parties (and the Borrower failed to ensure its substitution or completion within the term and in the manner specified in the request to do so from N.C.O. ‘Mogo Loans’ LLC); c. the Borrower has provided incorrect and/or incomplete inf ormation in the documents submitted to N.C.O. ‘Mogo Loans’ LLC, including for the purpose of examining the Loan Application or throughout the duration of this Agreement; d. the value of the pledged asset has decreased

10 due to the actions or inactions of the
due to the actions or inactions of the Borrower or of the persons to whom he/she has entrusted the use of the asset, or as a result of improper use; e. the Borrower (or, as the case may be, the third party guarantor) fails to fulfil or improperly fulfils the obligations set forth in Clauses 8. 2, 8.3, 8.7 and 13 of the pledge agreement specified in the Special Provisions; f. the Borrower (or, as the case may be, the third guarantor) violates the provisions of Clause 10 or other provisions of the pledge agreement indicated in the Special Provisio ns, which has led to the deterioration of the technical condition of the pledged assets; g. the surety or other legal or natural person guarantor becomes insolvent, is being liquidated or fails to comply with the provisions of the agreement indicated in th e Special Provisions, and the Borrower fails to provide any other guarantee acceptable to N.C.O. ‘Mogo Loans’ LLC within 5 (five) working days after the receipt of a written notice from N.C.O. ‘Mogo Loans’ LLC; h. third parties submit claims against the Bo rrower, the total amount of which exceeds 20% (twenty percent) of the Loan Balance; i. the Borrower (or, as the case may be, the third guarantor) has not secured the pledged asset, in the manner and within the term stipulated in the pledge agreement specif ied in the Special Provisions; j. in other situations in which a material default on the Agreement by the Borrower has occurred; 11.3. The termination of the Agreement shall suspend the use of the Loan Balance by the Borrower, which is obliged to pay to N. C.O. ‘Mogo Loans’ LLC, within the term indicated in Clause 9.6, the Agreed Payments in the amount specified in the statement of termination. 11.4. N.C.O. ‘Mogo Loans’ LLC has the right to refuse to execute the obligation to make available to the Borrower t he loan if, after the conclusion of this Agreement: a) circumstances have arisen that indicate with certainty the Borrower's inability to repay the loan; b) the Borrower or the third party guarantor violates the obligation to provide the guarantees provide d for in the Special Provisions or violates other conditions of N.C.O. ‘Mogo Loans’ LLC for making available the loan; or c) the Borrower's financial situation worsens substantially, which would jeopardize the repayment of the loan even if the worsening ha s occurred prior to the conclusion of this Agreement and has become known to N.C.O. ‘Mogo Loans’ LLC later. 12. Miscellaneous 12.1. All prior negotiations, agreements and correspondence between the Parties, except for the Loan Application, shall cease to be valid from the moment of the conclusion of this Agreement. 12.2. All notices between the Parties shall be made in writing in Romanian and sent to the other Party by post, fax or e - mail to the e - mail address and/or fax number specified in the Ag reement or in the Loan Application. 12.3. N.C.O. ‘Mogo Loans’ LLC, as an authorized personal data processing operator, with the registration number 0001387, may, and the Borrower consents, for the purpose of concluding and implementing the Agreement, that N.C.O. ‘Mogo Loans’ LLC processes the following

11 personal data on a non - exclusive bas
personal data on a non - exclusive basis: IDNP (personal identity number), surname, name, patronymic, date and place of birth, workplace, sex, signature, image, address (domicile/residence addre ss) and to transmit these data, including the amount of debt, to loan history offices, and other institutions under the conditions provided for by law. 12.4. The Borrower agrees that in the event of his/her default on the obligations hereunder, N.C.O. ‘Mog o Loans’ LLC shall be entitled to transmit, to the debt collection service providers, the Borrower’s data necessary solely to ensure that the services of these providers are delivered. 12.5. N.C.O. ‘Mogo Loans’ LLC has the right to transmit abroad, [in Lux embourg], personal data about the Borrower to the member of N.C.O. ‘Mogo Loans’ LLC. 12.6. The Borrower agrees to receive advertising and commercial materials, including for marketing purposes, about N.C.O. ‘Mogo Loans’ LLC or about the products and/or cam paigns provided by N.C.O. ‘Mogo Loans’ LLC and affiliates of N.C.O. ‘Mogo Loans’ LLC. The Borrower has the right to refuse to receive commercial materials of N.C.O. ‘Mogo Loans’ LLC. 12.7. In order to contact the Borrower and send the correspondence to him /her, N.C.O. ‘Mogo Loans’ LLC may call him/her by phone and send him/her text messages (SMSs) or e - mail using the contact details specified in the Agreement or in the Loan Application. 12.8. All amendments to the Agreement will be valid provided only they have been made through supplementary agreements, have been written and signed by both Parties. The amendment of the Agreement may be preceded by the following procedure: - N.C.O. ‘Mogo Loans’ LLC shall send to the Borrower's e - mail the proposal to amend th e Agreement; and then - the Borrower shall accept or reject the proposal in writing or submit another proposal within 30 (thirty) calendar days by sending an e - mail with the following content: ‘I agree’, ‘I disagree’, or ‘I propose the following amendment’ . 12.9. The Borrower shall not be entitled to transmit all or a part of the obligations arising out of the Agreement to third parties without the prior written consent of N.C.O. ‘Mogo Loans’ LLC . 12.10. The parties have agreed to make reasonable efforts t o resolve any disputes arising between them in connection with this Agreement amicably through negotiations. In the event of the failure to do so, the dispute shall be referred for settlement to [the competent courts of the Republic of Moldova/by arbitrati on, in accordance with the Additional Rules for the accelerated arbitration procedure (Annex II to the Rules of Arbitration Procedure) of the International Commercial Arbitration Court of Chisinau of the Employers Association ‘American Chamber of Commerce in Moldova’ consisting by a sole arbitrator appointed according to these Rules. The place of arbitration shall be Chisinau municipality, the Republic of Moldova. The language of the arbitration proceedings shall be the Romanian language] 12.11. N.C.O. ‘Mog o Loans’ LLC may assign, in whole or in part, its rights resulting from this Agreement. The claims may be assigne

12 d to an unlimited number of third partie
d to an unlimited number of third parties. The Borrower confirms that he/she agrees that, in this case and solely for that purpose, N.C.O. ‘Mog o Loans’ LLC may disclose to third parties the information derived from this Agreement. 12.12. The Borrower shall be informed about the assignment within 10 (ten) calendar days of the conclusion of the assignment agreement by a registered letter with ackno wledgment of receipt, unless N.C.O. ‘Mogo Loans’ LLC, by agreement with the assignee, continues to handle the loan offered to the Borrower. 12.13. N.C.O. ‘Mogo Loans’ LLC may, in connection with the assignment of its rights and obligations, disclose to thi rd parties, including by placing on the Website of N.C.O. ‘Mogo Loans’ LLC, the following information: the fact that the Borrower is a natural person, the net monthly income, expenses, loan history, the Borrower's age, mark/model of the pledged vehicle, th e year of manufacture, engine capacity, mileage, vehicle value and Loan Balance. N.C.O. ‘Mogo Loans’ LLC undertakes not to disclose publicly the surname, name, personal code, telephone number, e - mail address, postal address of the Borrower and/or his/her p hoto, and registration number of the pledged vehicle. 12.14. The place of performance of this Agreement shall be deemed to be the registered office of N.C.O. ‘Mogo Loans’ LLC and namely: 20/A Cuza Voda av., Chisinau mun. 12.15. This Agreement may be made in 2 (two) or more original copies, of which 1 (one) copy for the Borrower, 1 (one) copy for N.C.O. ‘Mogo Loans’ LLC, each copy being an original and all copies representing the same agreement. N.C.O. ‘Mogo Loans’ LLC shall keep the Agreement at its regist ered office or at a place specified in its articles of incorporation or the legislation in force. Lender N.C.O. Mogo Loans LLC ___________________________ Borrower ___________________________ Annex No. 1 to the Loan Agreement No. {{ agreement.number }} from {{ agreement.appDate|date("d.m.Y") }} Commissions related to the loan agreement Fee for change of the period 1% of the Loan Balance, min. 1000 MDL , first time is free of charge Commission for early repayment According to Clause 5.6 of the General Provisions Preparation of documents related to road fines connected to the pledged asset 50 MDL Commissions related to the preventive collection procedure Single penalty for late payment 200 MDL for the first day of delay Commission for the termination of the agreement 5% of the Loan Balance for the Agreement that was terminated at the initiative of N.C.O. ‘Mogo Loans’ LLC. It is compensated if the Agreement is concluded again Commission for notification of the customer about late payment o r termination of the Agreement 50 MDL Commissions related to the outstanding debt collection procedure Contract for the repeated conclusion of the Agreement 7.5% from the Loan Balance, the first repeated conclusion – free of charge Commission for parking the car that is subject of the pledged asset 800 MDL Lender N.C.O. Mogo Loans LLC ___________________________ Borrower _______________________