Service Agreement Scope of Services Land Gorilla Certifications

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1 Service Agreement This Service Agreement (the "Agreement"), by and between Land Gorilla, LLC ( Land Gorilla ) and the undersigned entity (the "Client") shall be effective as of the date it is signed below and shall remain in full force and effect as outlined by the terms contained herein. Client hereby warrants and represents it desires to enter into a contract for service with Land Gorilla for the purpose of subscribing to Land Gorilla s real estate appraisal management services (hereinafter referred to as the "Services"). Land Gorilla hereby certifies that it is in the business of providing the Services to its mortgage lending customers through its network of affiliated appraisers. Scope of Services Land Gorilla shall provide Client with an appraisal order gateway for submission of new appraisal orders for fulfillment by Land Gorilla's network of affiliated appraisers. Land Gorilla shall be responsible for all communication and coordination efforts relating to each appraisal order placed by Client and shall act as the intermediary between Client's borrower and the selected appraiser. Land Gorilla shall be solely responsible for the selection of the end line appraiser by which each order shall be fulfilled. Land Gorilla shall further perform a quality control cursory review for recognition and correction of any errors and inconsistencies on each completed appraisal report prior to delivery of such appraisal reports to Client. Land Gorilla Certifications Dodd-Frank Wall Street Reform & Consumer Protection Act Land Gorilla hereby certifies that it shall, at all times during the effective term of this Agreement, ensure it maintains the necessary processes and procedures to facilitate Client's compliance with the requirements of the Dodd-Frank Wall Street Reform & Consumer Protection Act ("Dodd-Frank Act") for all appraisal orders placed for fulfillment with Land Gorilla's Appraisal Division. However, Client hereby certifies that it understands such compliance may be deemed ineffective should Client, its employees, representatives and/or agents, fail to maintain proper adherence to the terms of the Dodd-Frank Act and that in such instances, Land Gorilla makes no certification, warranty or representation of Client's compliance with such requirements. Based on the foregoing, Client hereby certifies that it shall maintain adequate policies and procedures to ensure its employees, representatives and/or agents maintain full compliance with the terms of the Dodd-Frank Act on all orders placed through Land Gorilla for fulfillment. Land Gorilla certifies that it shall maintain a written set of policies and procedures which, in part, outline its requirements toward maintaining compliance with Dodd-Frank Act. Each of Land Gorilla's staff members are adequately oriented to the requirements of the Dodd-Frank Act as well as any requirements set forth by other applicable regulatory agencies governing residential property valuation guidelines. Staff members also receive ongoing

2 training on compliance with such requirements and any varying interpretations thereof. Land Gorilla further certifies that, throughout the active term of this Agreement, it shall further ensure it maintains all policies and procedures necessary to track, report and subsequently discipline any individual who violates any term of its policies and procedures and/or any provision of the Dodd-Frank Act, as amended. Client understands that the regulatory environment changes rapidly, and Land Gorilla may be required to update procedures and practices from time to time. HVCC Land Gorilla hereby certifies that it shall, at all times during the effective term of this Agreement, ensure it maintains the necessary processes and procedures to facilitate Client's compliance with the requirements of the Home Valuation Code of Conduct ("HVCC") for all appraisal orders placed for fulfillment with Land Gorilla's Appraisal Division. However, Client hereby certifies that it understands such compliance may be deemed ineffective should Client, its employees, representatives and/or agents, fail to maintain proper adherence to the terms of the HVCC and that in such instances, Land Gorilla makes no certification, warranty or representation of Client's compliance with such requirements. Based on the foregoing, Client hereby certifies that it shall maintain adequate policies and procedures to ensure its employees, representatives and/or agents maintain full compliance with the terms of the HVCC on all orders placed through Land Gorilla for fulfillment. Land Gorilla certifies that it shall maintain a written set of policies and procedures which, in part, outline its requirements toward maintaining appraiser independence as described in the HVCC. Each of Land Gorilla's staff members are adequately oriented to the requirements of the HVCC as well as any requirements set forth by other applicable regulatory agencies governing residential property valuation guidelines. Staff members also receive ongoing training on compliance with such requirements and any varying interpretations thereof. Land Gorilla further certifies that, throughout the active term of this Agreement, it shall further ensure it maintains all policies and procedures necessary to track, report and subsequently discipline any individual who violates any term of its policies and procedures and/or any provision of the HVCC, as amended. Client understands that the regulatory environment changes rapidly, and Land Gorilla may be required to update procedures and practices from time to time. Client may opt to submit a panel of approved appraisers in adherence with the terms of the HVCC to be credentialed by Land Gorilla for inclusion in a blind rotation for order assignment. Land Gorilla will program such appraisers and if preferred by client add in additional appraisers to create the Client Panel. Client may also opt to use Land Gorilla s appraisal panel, such panel will be referred to as Land Gorilla Approved Appraiser Panel. Pricing Client agrees to pay for all Services ordered in accordance with Land Gorilla's pricing. Client understands that appraisal orders that are abnormally complex or

3 that may require greater than normal travel distances may require an extra fee. In such cases Land Gorilla agrees to notify Client and receive approval for the increased fee. Payment All services are due and payable at time of order. Client may at times be authorized to make payments on behalf of borrower(s) or other parties. If the client is using a payment method other that the clients own funds (such as a borrowers credit card) Client agrees that they have been authorized by such party in. Client further agrees to keep documented records of such agreement and furnish it to Land Gorilla within 24 hours from receiving such request. In instances that the client can not provide written documentation authorizing the use of another parties credit card then client will become responsible for payment and incur all associated fees that may apply including but not limited to chargeback fees, transaction fees, dispute fees, 3 rd party banking fees, late fees, and any fees incurred in association with failing to comply with the payment section in this agreement. Payment is due immediately and will begin incurring interest penalties after 7 days. By clicking the "Submit Order" button on our website, Client is agreeing to the Land Gorilla Purchase Policy. All orders are subject to credit card approval and billing address verification. Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an order that can delay processing and delivery. In these cases, customer service may attempt to contact you, using the information provided at the time of purchase. If customer service is unable to reach you after its initial attempt, Land Gorilla may cancel your order without further notice. Cancellation Policy In the event an order is cancelled the amount refunded will be based on the time of cancellation. 1. Orders cancelled before the inspection will incur a $35 charge back fee and it will be subtracted from the refunded amount. 2. Orders cancelled after the inspection but before the completion of the order will be refunded 1/2 the order amount. 3. Orders cancelled after they have been completed will not be refunded. To cancel an order please indicate the change in status directly to Land Gorilla the direct communication log located inside of each order. Land Gorilla will confirm with client the a refund has been issues. Refunds will not be issued with out written confirmation from Land Gorilla.

4 An account is delinquent if not paid in full within thirty (30) days after the billing statement date. Client agrees to pay a late charge of one and one-half percent (1.5%), per month on the delinquent account until paid in full. Land Gorilla may suspend or terminate access to the appraisal order gateway and shall cease to provide appraisal services hereunder until amounts owed by Client have been paid in full. Term Unless Client provides written notification to Land Gorilla of its intent to cancel this Agreement. Land Gorilla reserves the right to immediately terminate this Agreement in the event that Land Gorilla determines, in its sole discretion, that any part of this agreement or vendor/vendee relationship is in violation of any law. No verbal agreements and/or representations shall take precedence over the requirements of this section. Indemnification Client shall indemnify and hold harmless Land Gorilla, its affiliated corporations, all officers, directors, agents and employees from and against any and all liability, losses, claims, damages, and expenses caused by any service interruption and but not limited to, attorney fees and court costs arising from or in any way connected with any breach by Client of any representation, warranty, covenant, or agreement herein including, without limitation any improper publication or disclosure or other misuse of any actions by any subject or any other third party in connection with the Services. Land Gorilla may cease providing the Services at will. Client understands that the accuracy of each appraisal shall be based on the originating appraiser's independent and uninfluenced evaluation of the subject property and comparable market data available at the time of placement of the appraisal order. As a result, Client understands that Land Gorilla makes no representations or warranties, nor does it have any influence over, the overall accuracy of the resulting appraised value. Land Gorilla shall indemnify and hold harmless Client, its affiliated corporations, all officers, directors, agents and employees from and against any and all liability, losses, claims, damages, and expenses caused by any service interruption and but not limited to, attorney fees and court costs arising from or in any way connected with any breach by Land Gorilla of any representation, warranty, covenant, or agreement herein including, without limitation any improper publication or disclosure or other misuse of any actions by any subject or any other third party in connection with the Services. Gramm-Leach-Bliley Privacy Notice Land Gorilla recognizes its obligation to keep Client s information secure and confidential, and certifies its compliance with the Gramm-Leach-Bliley Act to protect Client s nonpublic information. Land Gorilla s collection of nonpublic information includes information Client supplies for the ordering of appraisals

5 through Land Gorilla's online website and, any information authorized by Client to collect. Land Gorilla does not disclose any of the above-described information about current and former customers to any third parties except as required by law, and/or if authorized by a customer. Land Gorilla has established internal policies and procedures that clearly outline the proper handling and maintenance of Client s nonpublic information. This includes 1) Use of physical, electronic, and procedural controls, including physically secured areas and computer access controls, 2) assessment of systems integrity through auditing, monitoring and data management processes, 3) policies directing and limiting access of Client s information, and 4) continual employee training on proper safety protocol in handling Client information. Enforcement of Agreement Client shall pay all attorney fees, court costs, alternative dispute resolution fees, and collection costs incurred by Land Gorilla for collecting any delinquent account hereunder, whether or not litigation is instituted. In cases where Client s account is referred to collection, Client shall also lose the benefit of any previously applied discounts and shall pay Land Gorilla its prevailing retail rates then in effect for the Services received by Client. The foregoing shall be in addition to any other recovery to which the prevailing party is entitled shall be paid. Client further agrees to pay for additional services requested and received through Land Gorilla whether or not expressly described by this Agreement. Notices The waiver of one party of any covenant, condition, obligation, representation warranty or promise in this agreement shall not invalidate this Agreement or be deemed a waiver by such party of any other covenant, condition, obligation, representation, warranty or promise. The waiver by a party of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself. The rights and remedies provided by each of the parties herein shall be cumulative and in addition to any other rights and remedies provided by law or contract. This Agreement may not be changed orally, but only by written notification by Land Gorilla. If any provision of this Agreement adjudged illegal or invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the Agreement, which shall remain in full force and effect. All terms will be enforced to the greatest extent allowed by law. All exhibits attached to this Agreement are incorporated herein and constitute an integral part hereof. Client shall not assign its rights or obligations under this Agreement without the prior written consent of Land Gorilla. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. This Agreement will be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflicts of laws provisions. The parties to this Agreement consent to the exclusive jurisdiction and venue of the courts and alternative dispute forums located within San Luis Obispo, California, consent to service of process delivered therein, and waive any right to challenge such jurisdiction or venue. Land Gorilla may immediately

6 terminate this Agreement upon notice to Client upon Client s breach of any provision of this Agreement. Land Gorilla 1241 Johnson Ave. #154 San Luis Obispo, CA Phone: Attention: Operations General The waiver of one party of any covenant, condition, obligation, representation warranty or promise in this agreement shall not invalidate this Agreement or be deemed a waiver by such party of any other covenant, condition, obligation, representation, warranty or promise. The waiver by a party of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself. The rights and remedies provided by each of the parties herein shall be cumulative and in addition to any other rights and remedies provided by law or contract. This Agreement may not be changed orally, but only by written notification by Land Gorilla. If any provision of this Agreement adjudged illegal or invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the Agreement, which shall remain in full force and effect. All terms will be enforced to the greatest extent allowed by law. All exhibits attached to this Agreement are incorporated herein and constitute an integral part hereof. Client shall not assign its rights or obligations under this Agreement without the prior written consent of Land Gorilla. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. This Agreement will be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflicts of laws provisions. The parties to this Agreement consent to the exclusive jurisdiction and venue of the courts and alternative dispute forums located within San Luis Obispo County, California, consent to service of process delivered therein, and waive any right to challenge such jurisdiction or venue. Land Gorilla may immediately terminate this Agreement upon notice to Client upon Client s breach of any provision of this Agreement. Client Land Gorilla X X Name: Name: Title: Title: Date: Date: Address: 1241 Johnson Ave. #154 San Luis Obispo, CA 93401