1. My name is XXXX XXXX, a resident of XXXX XXXX Florida.

2. I was a Director and Chief Executive Officer of XXXX XXXX XXXX XXXX XXXX ; this corporation is now dissolved.

3. During XX/XX/2015, I engaged in conversations with XXXX XXXX, the representative of the Direct Capital ( the Lender ), in furtherance of the financing of an Optical Lens Equipment for the corporation XXXX XXXX XXXX XXXX XXXX

4. During the above referenced conversations, I explicitly told XXXX XXXX that I would not take the loan if my personal guarantee was required. XXXX XXXX indicated that no personal guaranty was required as the loan was a purely commercial loan for XXXX XXXX XXXX XXXX This was confirmed by XXXX XXXX in an email correspondence. See paragraph 3 of EXHIBIT A, attached hereto.

5. Based on the above representations, XXXX XXXX and I continued working on the documentation to process the loan ( see EXHIBIT B ). During the loan process, I was never asked about my personal credit, and I never authorized XXXX XXXX XXXX to review or to inquire on my personal credit history.

6. Unbeknownst to me, a personal guaranty was included in the documents that XXXX XXXX, on behalf of the Plaintiff, induced me into signing through fraudulent misrepresentations. I was induced into signing the documentation under the following guise : The Personal Guaranty Section is at the bottom-right of Page 1 of the Master EFA Agreement. Before the space with the yellow highlight there is text embedded in the preceding paragraph, which also overlaps with a blue frame that poorly indicates Signature or authentication of the Guarantor ( an individual ). See EXHIBIT C. The abnormal arrangement of this text made me unaware of the meaning of the space highlighted in yellow. Because my Social Security Number is nowhere in the document, I did not realize that I was signing a personal guarantee. Next, there is another signature space containing a stronger green highlight starting with an X on the bottom right of Page 1 of the Master EFA Agreement, with the preceding text that clearly reads Signature or authentication of the Guarantor ( an individual ). See EXHIBIT C. This text undoubtedly and clearly indicates the meaning of the signature-space highlighted in green, which I did not sign believing that it was the designated space for the signature of a personal guarantor. Moreover, the other signature sections throughout the document ( See pages 2 and 3 of EXHIBIT C ) do not contain the word authentication. Because the word authentication only appears in the Personal Guaranty Section, I interpreted this as indicating that the green highlighted section is for the handwritten or authenticated signature of a personal guarantor. Furthermore, comparing the arrangement of the space provided for the first signature area in Page 1 ( yellow highlight ) with the rest of the signature spaces throughout the document, all other sections have clearly visible text describing the meaning of the signature space underneath them. For example, on pages 2 and 3, the preceding text of each of the spaces designated for a signature is properly spaced and separated from any previous section and paragraph, making it far more legible and easier to understand.

7. Additionally, during the above-referenced conversations, XXXX XXXX indicated in writing that, for a loan amount of {$130000.00}, the approximate monthly payment would be {$2500.00} for 60 months, and that the finance rate would be 5.9 % APR. See EXHIBIT D.

8. On or about XX/XX/2017, I requested a preferential loan from XXXX XXXX XXXX in order to pay off this loan to XXXX XXXX XXXX. On XX/XX/2017, I requested via email the Payoff Amount from XXXX XXXX XXXX. See EXHIBIT E.

9. On XX/XX/2017, XXXX XXXX sent me an email response with the information I had requested. See EXHIBIT F, which includes the email and its two attachments. Page 3 of EXHIBIT F contains the Account Summary, and Pages 4 and 5 contain the Payment History until XX/XX/2017. The email from XXXX XXXX provided the Account Summary of XXXX XXXX XXXX, but included an incorrect Payoff Amount of {$110000.00}. See the Current Balance at the bottom of Page 3 of EXHIBIT F. XXXX XXXX did not justify her Payoff Amount through an amortization table, and did not consider the 5.9 % APR amortizable loan, but instead stated : I have attached the pay history and account summary for the contract. Please note these types of contracts do not amortize like a simple interest loan, so there is no traditional amortization schedule. See Page 1 of EXHIBIT F.

10. At the time I requested the Payoff Amount, which was in the 20th month of the 60 month loan, the correct Payoff Amount should have been {$97000.00} instead of the {$110000.00} that was indicated. I created am amortization table with calculated balances from month 1 to 60, attached as EXHIBIT I hereto. Because of the nature of the loan, being a 5.9 % amortizable loan, Plaintiffs representative should have provided me with an amortization table similar to the one I created in EXHIBIT I, indicating a Payoff Amount of {$97000.00} at the 20th month, and a Payoff Amount of {$0.00} at the 60th month. The {$0.00} value at the last month indicates that this loan was an APR amortizable loan. Accordingly, the Plaintiffs calculations of the damages amount they are seeking is incorrect.

11. On XX/XX/2017, I responded to XXXX informing her that her payoff amount or Current Balance was roughly {$8000.00} higher than an amortization calculation of 5.9 % APR. See EXHIBIT G. XXXX never responded.

12. Further, and according to my own Amortization Table & Payoff Calculation in EXHIBIT H, the real Payoff Amount of the loan on XX/XX/2017 should have been {$97000.00} instead of the {$110000.00} claimed by XXXX XXXX as described in Paragraph 10 of this Affidavit. It is clear that XXXX XXXX XXXX was asking for an amount that was {$12000.00} higher than the correct payoff amount at that time.

13. A few days later, the loan I was requesting from XXXX XXXX XXXX stopped processing. I was informed by XXXX XXXX XXXX that this was because XXXX XXXX XXXX had made an inquiry into my personal credit history through the Credit Bureaus. This inquiry was never authorized by me.

14. I did not receive any notice prior to the filing of this lawsuit. I did, however, receive multiple threats and harassing calls from the Plaintiffs representatives.

15. Following the filing of this lawsuit, and complying with the request of XXXX XXXX XXXX, I voluntarily turned in the financed equipment to the Plaintiff.

16. The sales efforts undertaken by the Plaintiff were not commercially reasonable. With a payoff amount of {$97000.00} as demonstrated throughout the EXHIBITS, the equipment was virtually liquidated at no value. The Plaintiff did not publish the equipment in any industry publications to my knowledge, and may have sold it, instead, at a price far below its actual fair market value.