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HomeMy WebLinkAbout13-2186 Supreme Couftw,o�`�P en nsylvania Cour�to>Ctimmo leas For Prothonotary Use Only. VIA VII Cower Sheet T� ) Docket s� ��i' Docket No: /yh County 13-61 40 041Tffly) The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: R1 Complaint 0 Writ of Summons Petition S ' 0 Transfer from Another Jurisdiction El Declaration of Taking E . Lead Plaintiff's Name: Lead endanYS Name: C NATIONAL COLLEGIATE STUDENT LOAN TRUST T' Dollar Amount Requested: Owithin arbitration limits I' Are money damages requested? 0 Yes E-1 No (check. one)_ Ooutside arbitration limits 0 N Is this a Class Action Suit? F-1 Y e s 0 No is this an MD.IAppeal? Q Yes E-1 No �" - �, ,: Name of Plaintiff /Appellant's Attorney: MICHAEL F. RATCHFO ES Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your; r. - PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. ff t TORT (do not include Mass Tort) CONTRACT (do not include .ludgments) CIVIL APPEALS r` E Intentional O Buyer Plaintiff Administrative Agencies -1 Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections Nuisance STUDENT LOAN 0 Dept. of Transportation El �_- E] Premises Liability Statutory Appeal: Other S [3 Product Liability (does not include Employment Dispute: E mass tort) Discrimination IJ Slander/Libel/ Defamation i l Zoning Board C 0 Other: Employment Dispute: Other 0 Other: T Other: MASS TORT Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS [2 Toxic Waste 0 Ejectment ® Common Law /Statutory Arbitration Other: ® Eminent Domain/Condemnation J Declaratory Judgment Ground Rent 0 Mandamus 10 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -3 CIVIL ACTION I CABOT ROAD 2ND FLOOR : MEDFORD, MA 02155 -5117 Plaintiff vs. n SHERIE ARIAS NO: 1729 WEATHERBURN DR NEW CUMBERLAND PA 17070 -2218 W �� r Defendant r-:Z' C) NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717 - 243 -9400 _ 41c)3 P D AYI' - �� 30037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -3 CIVIL ACTION 1 CABOT ROAD 2ND FLOOR MEDFORD, MA 02155 -5117 Plaintiff vs. = SHERIE ARIAS NO: 1729 WEATHERBURN DR NEW CUMBERLAND PA 17070 -2218 Defendant COMPLAINT Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -3, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. The defendant SHERIE ARIAS (hereinafter "Defendant ") is an adult individual residing at 1729 WEATHERBURN DR NEW CUMBERLAND PA 17070 -2218. 2. The defendant executed the promissory note for the payment of tuition in which the defendant was required to make monthly payments. 3. The defendant was advanced the proceeds of the loan which were to be used for educational purposes. 4. The defendant failed to make the required payments when due. 5. The balance currently owed by defendant is $19,371.27. 6. Plaintiff has declared Defendant to be in default and demands payment of the balance due from the Note. 6 WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $19,371.27 plus costs of suit and any other relief as the Court deems just and appropriate. Res p - fulLy s . itted, 1V�ic ae F. Ratc 1, d, squire Attorney LD. S. 8 285 120 N. Keyser A e Scranton, PA 18 04 mratchford @e - law.com Phone: 800 -50 � 1665 Fax: 570 - 558 -5511 a VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005 -3, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. jW&ae, d, ' squire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson PILED-OHIO Sheriff ;.WTHE PROTHONOTARY wY�Yt b��CCYta�t� Jody S Smith °ks Chief Deputy 2013 MAY _3 PN-21 06 Richard W Stewart * Solicitor N!10EOFTP+F$ RIFF CUMBERLAND COU 'I*Y PENNSYLVANIA National Collegiate Student Loan Trust 2005-3 Case Number vs. Sherie Arias 2013-2186 SHERIFF'S RETURN OF SERVICE 04/30/2013 06:55 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Sherie Arias at 1729 Weatherburn Drive, Lower Allen Township, New Cumberland, PA 17070. Sf�A TS HA L I--, DSRU TY SHERIFF COST: $47.21 SO ANSWERS, May 01, 2013 ROMW R ANDERSON, SHERIFF (a)CountySWW Sheriff,Toleosoff.Inc, James H. Turner, Esquire r fHE rPROTHONQ TURNER AND O'CONNELL Z� Y w ��• 7 4701 North Front Street Harrisburg, PA 17110 CU11BERLAND COUNTY 717/232-4551 telephone PENNSYLVANIA 717/232-2115 facsimile j htgturn erandoconne l 1.com Attorney for defendant NATIONAL COLLEGIATE, IN THE COURT OF COMMON PLEAS STUDENT LOAN TRUST 2005-3, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-2186 CIVIL TERM SHERIE ARIAS, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: National Collegiate Student Loan Trust 2005-3, plaintiff, and Michael F. Ratchford, Esquire, attorney for plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. i- Ja s H. Turner, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile jhtgturnerandoconnell.com ,I James H. Turner, Esquire TURNER AND O'CONNELL 4701 North Front Street .0 Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile Lhtkturn.erandoconne l 1.com Attorney for defendant I I NATIONAL COLLEGIATE, IN THE.COURT OF COMMON PLEAS STUDENT LOAN TRUST 2005-3, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-2186 CIVIL TERM SHERIE ARIAS, CIVIL ACTION - LAW Defendant 1 • ANSWER 1. Admitted. 2. Denied. The defendant has never had a loan or other transaction with plaintiff and has repeatedly so advised plaintiff. 3. Denied. The defendant has never had a loan or other transaction with I plaintiff and has repeatedly so advised plaintiff. 4. Denied. The defendant has never had a loan or other transaction with plaintiff and has repeatedly so advised plaintiff. 5. Denied. The defendant has never had a loan or other transaction with plaintiff and has repeatedly so advised plaintiff. 6. Denied. I Verification I verify that the statements made in the foregoing are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. �= R Date: Sherie Arias 1 CERTIFICATE OF SERVICE I, James H. Turner, Esquire, hereby certify that I served a true and correct copy of the foregoing depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Michael F. Ratchford, Esquire 120 N. Keyser Avenue Scranton, PA 18504 Date: May 7, 2013 dames H. Turner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-3, CIVIL DIVISION S C= Plaintiff: _t� �c VS. �o o , --- -J" SHERIE ARIAS, NO: 13-2186 CIVIL TERM Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, NATIONAL COLLEGIATE STUDENT LO, by and through its attorneys, Edwin A. Abrahamsen&Associates, replies to Defendant's New Matter as follows: 7. Denied. The allegations contained in paragraph 7 of Defendant's New Matter are conclusions of law which are deemed denied. To the extent a further response is deemed necessary, Plaintiff specifically denies that its claim is barred by the applicable statute of limitation. 8. Denied. The allegations contained in paragraph 8 of Defendant's New Matter are conclusions of law which are deemed denied. To the extent a further response is deemed necessary, Plaintiff specifically denies that the claim is barred by the statute of frauds. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant, in the amount of the current delinquent balance, plus costs of suit, and any other relief the Court deems just and equitable. Respectively submitted By: :; win . ,,A-"A- '-brahamsen&Associates, P.C. Michael F. Ratchford, Esquire Scott J. Best, Esquire Attorney I.D. No.: 86285/96300 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONAL COLLEGIATE STUDENT . LOAN TRUST 2005-3, CIVIL DIVISION Plaintiff: vs. SHERIE ARIAS, NO: 13-2186 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Scott J. Best, Esquire, hereby certify that I caused a true and correct copy of Plaintiff's Reply to Defendant's New Matter was served via first class United States Mail,postage prepaid on the date set forth below upon the following: James H. Turner, Esquire 4701 North Front St. Harrisburg, PA 17110 Edwin A. Abrahamsen&Associates, P.C. Date: July 10, 2013 B is el F. Ratchford, Esquire Scott J. Best, Esquire Attorney I.D. No.: 86285/93600 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 NOTE DISCLOSURE STATEMENT S 13,186.81 Borrowers) SHERIE ARIAS Q3191753 Loan No. Student: SHERIE ARIAS Date: August 17.2005 SHERIE ARIAS Lender Name and Address: 1729 WEATHERBURN DR _PNC BANK RESOURCES NEW COMBERLAND, PA 17070 2600 LIBERTY AVE PITTSBURGH,PA 15222 This disclosure statement relates to one or more advances on your Loan Note disbursed on August 17,2005 Because your Loan is either being disbursed in whole or in pan,or is entering repayment,or the repayrncnt terms arc being modified,the following information about your Loan is being given to you. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The cost of your credit as a The donor amount due ardit The amount oruedit provided The amount you will have paid a0er yearly note. will cast you. to you cr on your behalf._ you have made an payments scheduled. 7.423 % S 14,743.20 S 12,000M S 26.743.20 Your payment schedule will be: Number of Payments Amount or payments. When Payments are due 240 S 111.43 On the 17th day of each month beginning on 9/2007 VARIABLE RATE:The Annual Percentage Rate,which is based on an index plus a margin,may increase during the terra of the loan if the index rate increases.The index is(check one): Prime Rate Index Adjusted Mootbly-The highest U.S,bank prime role published in the*Money Rates"section of The Wa11 Street Journal an the last business day of each calendar month. Prime Rate lodex Adjusted Quarterly-The highest U.S.bank prime rate published in the"Money Rates"section or The Wall street Journal on the last business day of each calendar quarter(if the Lender identified above is Citibank(New York State),the index will be the highest U.S.Bank prime rate published in the"Money Rates"section of The Wall Street Journal on the date which is 30 days prior to the first day of each quarter). C LIBOR Index Adjusted Quarterly-The average of the one-month London Interbank Offered Rates published in the "Money Rates"section or The Wall Street Journal on the first business day of each of the time(3)calendar months immediately preceding the first day of each calendar quarter. Any increase in the index and the Annual.Percentage Rate which occurs while principal payments are deferred will increase the amotmt of any current and all future payments.Any increase in the Index and the Annual Percentage Rate which occurs while principal and intacst payments are deferred will increase the amount of all future payments.Any increase in the index and the Annual Percentage Rate which occurs after you have begun to retake principal and interest payments on your loan will increase the amount of your future principal and interest payments beginning with your next annual payment adjustment date.For example, assume you obtain-a loan in yourjunior_year.in-ih"mount-of-SI0,000-at an interest rate-.of.l I%i-and-you defer-principal-and interest payments-until,after..your_graduation,.ond ibe_repaymeni.tarm=of the loan is 20 years.If the-intact-raze-increased-to 12% on January 1st or your senior year,the interest which accrues while principal and interest paymenu are deferred will increase by $75.11,and your monthly principal and interest payments would increase by$9.05. SECURITY:You have given a security interest in all reRmds or amounts owed to you at any time by the atudenfs educational institution.Collateral securing other loam with the Lender nay also secure this Loan. LATE CHARGES:If a payment is more than 15 days late,you may be charged$5.00 or 5%of the payment,whichever is less.If you default,Lender(or subsequent holder or your Loan Note)may increase the margin used to compute the Annual Percentage Rate by two percentage points(2%). PREPAYMENT:If you pay olrearly,you will not have to pay a penalty. See your contract documents for any additional information about non-payment,default,any required repayment in full before the scheduled date,any security interest,and prepayment refunds and penalties. Estimates:All numerical disclosures except the late payment disclosure are estimates. Principal Amount orNotc(Amount Financed plus Prepaid Finance Charge) $ 13.186.81 he:niunion of Amount Financed Amount paid io SHERIE ARIAS S 12,000.00 Amount paid to S Total Amount Financed S 12,000,00 Itemization of Prepaid Finance Charge Origination or Gutoamee Fee S 1.186.81 Other Fen Paid(see yours contract) S Total Prepaid Finance Chargc(s) $ 1,186,81 *If your Lam is d4btmed in multiple advances,thr mtmthly payment amount disclosed in the payment sebdule reflects only that muddy payment necessary to repay this advance.The actual tool monthly payment on your Loan will be based on the sum of all advances under your Loan Note and will be disclosed to you before your Loan enters mpoyment.Your minimum foul monthly payment will be in least 525.00 each mrah or the entire loan botance whichever is kas. taAK can on tap PNREDF The Continuing Education Loan File Copy From:717 975 9993 Page:314 Date:8/1012005 3:31:29 PM NON-NEGOTIABLE CREDIT AGREEMENT-THIS IS A CONSUMER CREDIT TRANSACTION i• The Contktuing Education loan t.andef:PNC Bank,N.A. School:TEMPLE UNIVERSITY E Aced-mic Porlod:08/2005-0812005 Loan Amount Requested: $12000.00 Wei ral Period Margin:3.5 RepaYmenf Pedod Margin:3.5 Loan OrIgInation Pee Percentage:9.00 i Borrower Name:Shane Art= Horne Addrew:1729 Wastherbum Or New Clunbertand,PA 11070 Social SeCtI t(y#:18054-8681 Date of SIAh: 10/0911968 Rome Telephone:7177740436 C went Employer.(41AHT CORPOMMN Employe Telep mm;707547M C.mvn:Paeioon:Proles** Years Thee.0 Yearn S MOM% Y.1an,,d Pnnklus Emplvymertt:7 Yams 46mwry.chnd stppon.or*-$ ate moinfananco Incomos do not have to be rwoalod If you do not want press aomldsrerd for ropsyInY fhb oWroarion. N you are refyhrp on such addlbonal income,please provlde datdls on■esp i Is sheet of paper. S:udonl C41a"shlp(check ate boa): ®U.S.CI&ott O E90ble Non.Ck&w(Adsch Nord&beck dopy of CIS or sfudW visa card) 'rY:anai Rebwor s Nw Pntarertce Ffarm Tel ft„L71783-6b7) 1A+otk Tel p: Ralete.tca snsst Address R.ttnre:rca CIlylSmterZlp:,�a ib nit.1FnNt1.!r.Rrit1•Nar I hit a rru11,undmtand end swot to the turns or od undavoics tho obltpti0m m forth Irk,p four(4)pW of 1116 t.IOn NsgvarVfimlit ,, n,ts m N','t.1tA t'LCw.irttit.0 C{1••(ndit Apreeekcej I undmgnd rb o my pawn Who knovinEly rnAn s Gtlw.rstnnern It rrdarrpnxn rx Inr Ih 166 uml 1r.m1rp:4 YI pwhhM.ahtch slay 1latidr files or imprlsonnmL This Credit Apoaneat Is siptcd under sesL I mslrntulwl rhot I am nW#c4o nd ry rat trey.iyluruo slu Mw to dpu Cuft*44 Ibli 0e0 A()ttaaem mid arty roared notices that,egnirt slpmntre. If i ehnow to ilia my silpmut;w or a.4F clsetraMrally"Cmdit Aprre enn WW a1y mated notices and etgatte siaastWc—I loterld:(0 9"(b a slowaok diranos to bo w dentroak 0pitonv tttda Ibdad lied sops lea. i t o l any fm prirwea or printout of Lender's aloti onit'tea of this Crtdu Ag=--t aid elated nolias p be to orIQllat doeeaoas.!Ui)to avedttct taairtas aridt aIt :.+skr by cItcuonk mcosdt sold elactrook siprammn,sad(Iw)dm ibis Cmdk Aartstnert will not bo sowarlad by Antclo) of Iho Unifono CwMwCisl Coda wd my ' +b,tams m&T this Crodh A¢ret nsatt will dot be subject at,bw ray usrefer of my oblipctiaw wi11 bt wbjat to.Anick 4 Odw Uolform Camrocrcial Cllr. Fi)R.at.A9AMA RESIDENTS:CAUTION-1T IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU. kis(:N IT. FUk WISCONSIN RF-SIVItM-NOTICE TO CUSTOMER: (.) DI)NDT.SIGN THIS CREDIT AGREEMENT BEFORE YOU READ THE WRITING ON THE FOLLOWING PAGE&EVEN IF OTHERWISE ADV1%ED. — (u) DO NOT SIGN THIS CRFDIT AORREMRW IF IT CONTAINS-ANY BLANICSPACEB. - it) VDU ARF.ENTITL$D TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (dl WOU MAVI THE RIGHT AT ANY TIMI TO PAY IN ADVANCE THE UNPAID BALANCE UNDER THIS CREDIT AGREEMENT ,END YOU MAY BR ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. ; U1 • 47 Signature of Bormwar! PC.05.06.CLCVV-I0SC-0105 LENDER COPY PNREOF .,� ne na rt( W F X ARIAS A103191753.pdf In this Credit Agreement,the words"I" "me","my",and"mine"mean the person who is based on the one-month London Interbank Offered Rate("LIBOR")as published in signed this Credit Agreement as Borrower.The words"you",'your,'yours",and the"Money Rates"section of The Wall Street Journal.The index for each calendar "Lender"mean PNC Bank,N.A.,its successors and assigns,and any other holder of quarter(or for any shorter period beginning on the Disbursement Date and ending on this Credit Agreement."School"means the school named at the top of the first page of the last day of a calendar quarter)will equal the average of the LIBOR rates published this Credit Agreement. The"servicer"means the Lender or any entity it designates to on the first business day of each of the three(3)immediately preceding calendar service my loan. months,rounded to the nearest one-hundredth percent(0.01°/o). If The Wall Street A. PROMISE TO PAY: I promise to pay to you the principal sum of the Loan Amount Journal is not published or the Current Index is not given on that date,then the Current Requested shown on the first page of this Credit Agreement,to the extent it is Index will be determined by using the immediately preceding published Current Index. advanced to me or paid on my behalf,and any Loan Origination Fee added to my loan If the Current Index is no longer available,you will choose a comparable index. (see Paragraph F)("Principal Sum"),interest on such Principal Sum,interest on any 3. Capitalization—I understand that you will add all accrued and unpaid interest to the unpaid interest added to the Principal Sum and late fees(see Paragraph E.6). principal balance of my loan("capitalize interest')as of the last day of the Deferment B. IMPORTANT—READ THIS CAREFULLY: Period,at the end of any forbearance period,and upon default(see Paragraph 1). In 1. When you receive my signed Credit Agreement,you are not agreeing to lend me all cases,the sum is thereafter considered the principal,and interest will accrue on the money.If you decide to make a loan to me,you will electronically transfer the loan new principal balance, funds to the School for me,mail a loan check to the School for me,or mail a than E.TERMS OF REPAYMENT: check directly to me.You have the right to not make a loan or to lend an amount less 1. Deferment Period—You will send statements during the Deferment Period than the Loan Amount Requested. I agree to accept an amount less than the Loan (showing the total outstanding principal balance of my loan and the interest that has Amount Requested and to repay that portion of the Lean Amount Requested that you accrued on my loan). Statements will be sent to the address shown on your records. I actually fend to me.You have the right to disburse my loan through an agent.At your may,but am not required to,make payments during the Deferment Period.You will option,you may also make any loan check co-payable to me and the School. add any interest that I do not pay during the Deferment Period to the principal loan 2. HOW I AGREE TO THE TERMS OF THIS LOAN.By signing this Credit balance at the end of the Deferment Period,as described in Paragraph D.3. Agreement,and submitting it to the Lender,I am requesting that you make this loan to Thereafter,the accrued interest will be treated as principal. me in an amount equal to the Loan Amount Requested plus any Loan Origination Fee 2. Repayment Period—The amount of my monthly payment("Monthly Payment described in Paragraph F of this Credit Agreement. If you approve this request and Amount)will be established based on the rules in this Credit Agreement when my agree to make this loan,you will notify me in writing and provide me with a Disclosure Repayment Period begins. During the Repayment Period,you will send me monthly Statement,as required by law,at the time the loan proceeds are disbursed.The statements that show the Monthly Payment Amount and the payment due dates,and I Disclosure Statement is incorporated herein by reference and made a part hereof. will pay the Monthly Payment Amount shown on my monthly statement,which amount The Disclosure Statement will tell me the amount of the loan which you have will in no event be less than$25 or the unpaid balance,whichever is less.I understand approved,the amount of the Loan Origination Fee,and other important information. I that the Monthly Payment Amount is due each month.I may pay more than my will let you know that f agree to the terms of the loan as set forth in this Credit Monthly Payment Amount at any time without penalty or charge. If my loan is in paid- Agreement and in the Disclosure Statement by doing either of the fallowing: ahead status,I may,but will not be required to make monthly payments.Even if I do (a)endorsing or depositing the check that disburses the loan proceeds;or(b)allowing not receive monthly statements,I will make consecutive monthly payments in amounts the loan proceeds to be used by or on behalf of the Student without objection.Upon at least equal to the Monthly Payment Amount by the applicable payment due dates receipt of the Disclosure Statement,I will review the Disclosure Statement and notify until I have paid all of the principal and interest and any other charges I may owe you in writing if I have any questions. If I am not satisfied with the terms of my loan as under this Credit Agreement. disclosed in the Disclosure Statement,I may cancel my loan. To cancel my loan,I will 3. Repayment Terms-My Monthly Payment Amount will be calculated as of the day give you a written cancellation notice within ten(10)days after I receive the Disclosure the Repayment Period begins("Repayment Date"),It will be recalculated(a)once Statement. If loan proceeds have been disbursed,I agree that I will immediately each year prior to the anniversary of the Repayment Date,(b)if the Variable Rate return the Ivan proceeds to you,will not endorse any check which disburses the loan changes between anniversaries of the Repayment Date to the extent that the Monthly proceeds and will instruct the School to return any loan proceeds to you. If 1 give Payment Amount would not pay in full the accrued monthly interest on my loan,(c) notice of cancellation but do not comply with the requirements of this Paragraph 8.2, following any subsequent deferment or forbearance period or(d)following any request this Credit Agreement will not be canceled and I will be in default of this Credit by the Borrower to the servicer to change the monthly payment due date(each of Agreement. (See Paragraph 1.) which events is a new"Repayment Date').As of any Repayment Date,my Monthly C. DEFINITIONS: Payment Amount will be recalculated.My new Monthly Payment Amount will be 1. "Disbursement Date"means the date or dates on which you lend money to me in disclosed to me by the servicer.The new Monthly Payment Amount will equal the consideration for my Credit Agreement and will be the date(s)shown on any loan amount necessary to pay in full,over the number of months remaining in the check you prepare or the date(s)you initiate any electronic funds transfer. Repayment Period,the amount I owe in equal monthly installments of principal and 2.The"Deferment Period"will begin on the Disbursement Date and end on the interest at the Variable Rate in effect at the time of the calculation.I understand that Deferment End Date. this may result in a reduction or increase in my monthly payment as calculated as of 3."Deferment End Date"has the following meaning: each Repayment Date. I understand that during the Repayment Period the servicer (a) If the Student is enrolled in a degree or certificate-granting program at the School, may change the monthly payment due date of future payments to a later date for the the earlier of the date which is(1)180 days after the Student graduates or eams the convenience of the servicer in processing payments or in order to coordinate the due certificate,(ii)180 days after the Student ceases to be enrolled at the School,or(iii)2 dates of all of my loans processed by the servicer. years after date of the loan disbursement under this Credit Agreement. 4. Amounts Owing at the End of the Repayment Period—Since interest accrues daily (b)If the Student is not enrolled in a degree or certificate-granting program at the upon the unpaid principal balance of my loan,if I make payments after my payment School,the earlier of the date which is(1)180 days after the end of the Academic due dates,I may owe additional interest. If I have not paid my late fees,I will also owe Period described on the first page of this Credit Agreement,or(ii)180 days after the additional amounts for those late fees.In such cases you will increase the amount of Student ceases to be enrolled at the School. my last monthly payment to the amount necessary to repay my loan in full. 4.The"Repayment Period'begins the day after the Deferment Period ends.The 5. Payments—Payments will be applied first to late fees,other fees and charges, Repayment Period is 20 years unless monthly payments equal to the minimum accrued interest,and the remainder to principal. monthly payment amount(See Paragraph E.2)will repay all amounts owed in less 6. Other Charges-If any part of a monthly payment remains unpaid for a period of than 20 years,in which case the Repayment Period will be the number of months more than 15 days after the payment due date,I will pay a late fee not exceeding necessary to pay in full the amount I owe at the minimum payment. $5.00 or 5%of the overdue payment amount,whichever is less. To the extent D. INTEREST: permitted by law,I agree to pay you all amounts you incur in enforcing the terms of 1. Accrual—Beginning on the Disbursement Date,interest will be calculated at the this Credit Agreement,including reasonable collection agency and attorney's fees and Variable Rate(Paragraph D2)and charged on the Principal Sum,and on any unpaid court casts and other collection costs. interest later added to the Principal Sum according to Paragraph D.3.During the F. LOAN ORIGINATION FEE: If you charge me,I will pay you a Loan Origination Repayment Period,interest will be calculated at the Variable Rate and charged on the Fee at the time my loan is disbursed. The dollar amount of any Loan Origination Fee outstanding balance of this Credit Agreement until all amounts are paid in full.Interest will be determined by multiplying the Principal Sum times the Loan Origination Fee will be calculated on a daily simple interest basis. The daily interest rate will be equal Percentage shown on the first page of this Credit Agreement. The percentage would to the annual interest rate in effect on that day,divided by the number of days in that be higher if computed only on the amount advanced rather than on the entire Principal calendar year. Sum(Loan Origination Fee plus the loan amount advanced). For example,a nominal 2. Variable Rate—The"Variable Rate'is equal to the Current index plus a Margin. Loan Origination Fee of 6.5%on the entire principal amount would equal 6.9519%of The Margins for both the Deferment Period and the Repayment Period are shown on the amount advanced. The Loan Origination Fee I will pay,if any,will be shown on my the first page of this Credit Agreement.In no event will the Variable Rate exceed the Disclosure Statement and included with the Principal Sum. To the extent permitted by maximum interest rate allowed by the laws of the Commonwealth of Pennsylvania. law,and unless I timely cancel this Credit Agreement(see Paragraph B.2),I will not be The Variable Rate will change quarterly on the first day of each January,April,July entitled to a refund of any Loan Origination Fee after my loan has been disbursed. and October(the"Change Date(s)")if the Current Index changes, The"Current Index" G. RIGHT TO PREPAY: I have the right to prepay all or any part of my loan at any for any calendar quarter beginning on a Change date(or for any shorter period time without penalty. beginning on the Disbursement Date and ending on the last day of a calendar quarter) (wo277594.4)PC.05-06.CLCW.lOSC.0I05 2 of H. FORBEARANCE: If I am unable to repay my loan in accordance with the terms Credit Agreement. I hereby authorize you to obtain from the School all amounts which established under this Credit Agreement because of a hardship such as financial or may be owed to me by the School,including any refund due to overpayment,early medical difficulty,I may request that you modify these terms.I understand that such termination of enrollment,or otherwise. modification would be at your option.I understand that I will remain responsible for all 9. All dollar amounts stated in this Credit Agreement are in United States dollars. I will interest accruing during any period of forbearance and that you will add any interest make all payments in United States Dollars with no deduction for currency exchange. that I do not pay during any forbearance period to the principal balance,as described 10. If I fail to complete the education program paid for with this loan,I am not relieved in Paragraph D.3. of any obligation within or pursuant to this Credit Agreement. I. WHOLE LOAN DUE: To the extent permitted by applicable law,I will be in default 11. 1 acknowledge that the requested loan is subject to the limitations on and you have the right to give me notice that the whole outstanding principal balance, dischargeability in bankruptcy contained in Section 523(a)(8)of the United accrued interest,and all other amounts payable to you under the terms of this Credit States Bankruptcy Code. Specifically,I understand that you have purchased a Agreement,are due and payable at once(subject to any applicable law which may guaranty of this loan,and that this loan is guaranteed by The Education give me a right to cure my default)6:(1)1 fail to make any monthly payment to you Resources Institute,Inc.("TERI"),a non-profit institution. when due,(2)1 die,(3)1 break any of my other promises in this Credit Agreement,(4) 12. 1 authorize any school that I may attend to release to you,and any other persons any bankruptcy proceeding is begun by or against me,or I assign any of my assets for designated by you,any requested information pertinent to this loan(e.g.,enrollment the benefits of my creditors,or(5)1 make any false written statement in applying for status,prior loan history,and current address). this loan or any other loan or at any time during the Deferment or Repayment Periods. 13. 1 authorize the Lender,any subsequent holder of this Credit Agreement,and their If I default,I will be required to pay interest on this loan accruing after default.The agents to:(1)advise the School of the status of my application and my loan,(2) interest rate after default will be subject to adjustment in the same manner as before respond to inquiries from prior or subsequent lenders or holders with respect to my default.To the extent permitted by applicable law,upon default,you may also Credit Agreement and related documents,(3)release information and make inquiries capitalize any interest and fees(i.e.,add accrued and unpaid interest and fees to the to the persons I have given you as references,for the purposes of learning my current principal balance),and increase the Margin used to compute the Variable Rate by two address and telephone number,(4)check my credit and employment history and to percentage points(2"/0). answer questions about their credit experience with me,and(5)disclose to TERI J. NOTICES: either in connection with this transaction or any future transaction all information 1. 1 will send written notice to you,any subsequent holder of this Credit Agreement, (including status information and non-public personal information)of the Borrower and the servicer within ten days after any change in name,address,or enrollment provided in connection with this Credit Agreement. If in the future I apply for a loan status(for example,if the Borrower withdraws from the School or transfers to another that is guaranteed by TERI and funded by another lender,I also authorize the sharing school participating in this loan program). of application information for this loan(other than information in a consumer report) 2. Any notice required to be given to me by you will be effective when mailed by first with the other lender and TERI and the reuse of such information by such new lender class mail to the latest address you have for me. and TERI in my new application. K. INFORMATION: 14. Waiver by Lender: You waive(give up)any right to claim a security interest in any 1. 1 must update the information I provided to you whenever you ask me to do so. property to secure this Credit Agreement. This does not affect any right to offset as a 2. 1 authorize you from time to time to request and receive from others credit related matter of law. information about me(and about my spouse if I live in a community property state). 15.If I fax my signature(s)on the first page of this Credit Agreement back to you and 3. CREDIT BUREAU REPORTING keep the copy I signed,I understand that under federal law the fax you receive will be You may report information about my account to credit bureaus. Late an original of the first page of this Credit Agreement. You and I agree that all copies of payments,missed payments,or other defaults in my account may be reflected this Credit Agreement(including the fax you receive and the copy I retain),taken in my credit report. together,shall constitute a single original agreement. 16. If I elect to sign electronically an electronic record of this Credit Agreement,then I understand that the reporting of information about my account to credit bureaus may the following will apply as between Lender and me: (a)Lender will keep a non- adversely affect my credit rating and my ability to obtain other credit.You may also modifiable electronic record of this document and provide a copy to me upon request, report the status of my loan and my payment history,including information about a late (b)I can and have downloaded and/or printed a copy of this document for my records payment,missed payment or other defaults,to the School and others in accordance or notified the Lender to mail me a copy of this document,and(c)the Lender's with applicable law. electronic record of this document and any printout from that record shall be an L. ADDITIONAL AGREEMENTS: original for all purposes,including any lawsuit to collect amounts that I owe. 1. I understand that you are located in Pennsylvania and that this Credit Agreement M. DISCLOSURE NOTICES will be entered into in the same state.CONSEQUENTLY,THE PROVISIONS OF THIS CREDIT AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS ALL APPLICANTS: OF THE COMMONWEALTH OF PENNSYLVANIA,WITHOUT REGARD TO IMPORTANT FEDERAL LAW NOTICE— CONFLICT OF LAW RULES. 2.The proceeds of this loan will be used only for my educational expenses at the Important information about procedures for opening a new School. account., 3. My responsibility for paying the loan evidenced by this Credit Agreement is To help the govemment fight the funding of terrorism and money unaffected by the liability of any other person to-me or by your failure to notify me that laundering activities,Federal law requires all financial institutions a required payment has not been made.Without losing any of your rights under this to obtain,verify,and record information that identifies each Credit Agreement you may accept(a)late payments,(b)partial payments or(c) person who opens an account payments marked"paid in full"or with other restrictions.You may delay,fail to exercise,or waive any of your rights on any occasion without losing your entitlement to What this means for you: exercise the right at any future time,or on any future occasion.You will not be When you open an account,we will ask for your name,address, obligated to make any demand upon me,send me any notice,present this Credit date of birth,and other information that will allow us to identify Agreement to me for payment or make protest of non-payment to me before suing to you.We may also ask to see your driver's license or other collect on this Credit Agreement if I am in default,and to the extent permitted by identifying documents. applicable law,I hereby waive any right I might otherwise have to require such actions. I WILL NOT SEND YOU PAYMENTS MARKED"PAID IN FULL","WITHOUT RECOURSE"OR WITH OTHER SIMILAR LANGUAGE UNLESS THOSE PAYMENTS CALIFORNIA RESIDENTS:I have the right to prohibit the use of information contained ARE MARKED FOR SPECIAL HANDLING AND SENT TO THE ADDRESS in my credit file in connection with transactions not initiated by me. I may exercise this IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING STATEMENT,OR TO SUCH right by notifying the consumer credit reporting agency. A married applicant may apply OTHER ADDRESS AS I MAY BE GIVEN IN THE FUTURE. for a separate account. If you take any adverse action as defined by Section 1785.3 of 4. 1 may not assign this Credit Agreement or any of its benefits or obligations.You the California Civil Code and the adverse action is based,in whole or in part,on any may assign this Credit Agreement at any time. information contained in a consumer credit report,I have the right to obtain within 60 5.The terms and conditions set forth in this Credit Agreement and Instructions and the days a free copy of my consumer credit report from the consumer reporting agency Disclosure Statement constitute the entire agreement between you and me. who furnished you my consumer credit report and from any other consumer credit 6. If any provision of this Credit Agreement is held invalid or unenforceable,that reporting agency which compiles and maintains files on consumers on a nationwide provision shall be considered omitted from this Credit Agreement without affecting the basis. I have the right as described by Section 1785.16 of the California Civil Code to validity or enforceability of the remainder of this Credit Agreement. dispute the accuracy or completeness of any information in a consumer credit report 7. A provision of this Credit Agreement may only be modified ifjointly agreed upon in furnished by the consumer credit reporting agency. writing by you and me.Any modification will not affect the validity or enforceability of the remainder of this Credit Agreement. 8. To the extent permitted by law,you have the right to apply money from any of my deposit account(s)with you to pay all or a portion of any amount overdue under this (W027758A 4)PC.05-06.CLCW.I OSC.0105 3 of 4 CALIFORNIA AND UTAH RESIDENTS:As required by California and Utah law,I am Federal Perkins Loan,a Federal Stafford Loan,a Federally Insured Student Loan,a hereby noted that a negative credit report reflecting on my credit record may be Federal Supplemental Loan for Students(SLS),a Federal PLUS Loan,an Income submitted to a credit reporting agency if I fail to fulfill the terms of my credit obligations. Contingent Loan,a Federal Consolidation Loan,a Federal Ford Direct Loan,or any IOWA,KANSAS,AND NEBRASKA RESIDENTS(For purposes of the following other education loan received for attendance at any school.The legal age for entering notice,the word"you"refers to the Borrower,not the Lenderl:NOTICE TO into contracts is 18 years of age in every State in the United States except the CONSUMER. This is a consumer credit transaction.1.DO NOT SIGN THIS following: Alabama and Nebraska(19 years old),and Mississippi and Puerto Rico(21 CREDIT AGREEMENT BEFORE YOU READ THIS CREDIT AGREEMENT. 2.YOU years old). I certify that I meet these state age requirements. ARE ENTITLED TO A COPY OF THIS CREDIT AGREEMENT. 3.YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. MARYLAND RESIDENTS:In Paragraph L.1,Lender and I have agreed that this Credit Agreement is governed by federal law and the laws of PENNSYLVANIA,without regard to conflict of laws rules;if any court should nevertheless determine that this Credit Agreement is subject to Maryland laws concerning credit,then only to the extent that Maryland law applies,Lender and I agree and elect that this loan is made under and governed by Subtitle 10,Credit Grantor Closed End Credit Provisions,of Title 12 of the Commercial Law Article of the Annotated Code of Maryland,except as preempted by federal law. MISSOURI RESIDENTS:Oral agreements or commitments to loan money,extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect me(borrower(s))and you(creditor)from misunderstanding or disappointment,any agreements we reach covering such matters are contained in this writing,which is the complete and exclusive statement of the agreement between us,except as we may later agree in writing to modify it. NEVADA RESIDENTS: This is a loan for study. NEW JERSEY RESIDENTS:The section headings of this Credit Agreement are a table of contents and not contract terms. Portions of this Credit Agreement with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Credit Agreement,acts or practices(i) by you which are or may be permitted by"applicable law"are permitted by New Jersey law,and(ii)that may or will be taken by you unless prohibited by"applicable law"are permitted by New Jersey law. NEW YORK,RHODE ISLAND AND VERMONT RESIDENTS:A consumer report (credit report)may be obtained from a consumer-reporting agency(credit bureau)in connection with this loan. If I request(1)1 will be informed whether or not consumer reports were obtained,and(2)if reports were obtained,I will be informed of the names and addresses of the credit bureaus that furnished the reports. If you agree to make this loan to me,a consumer credit report may be requested or used in connection with renewals or extensions of any credit for which I have applied,reviewing my loan, taking collection action on my loan,or legitimate purposes associated with my loan. OHIO RESIDENTS:The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers,and that credit reporting agencies maintain separate credit histories on each individual upon request.The Ohio Civil Rights Commission administers compliance with this law. PENNSYLVANIA RESIDENTS:If I am a resident of Pennsylvania, the following notice applies to me: NOTICE Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed the amount paid by the debtor hereunder. WISCONSIN RESIDENTS:For married Wisconsin residents,my signature on this Credit Agreement confirms that this loan obligation is being incurred in the interest of my marriage or family. No provision of any marital property agreement(pre-marital agreement),unilateral statement under Section 766.59 or court decree under Section 766.70 adversely affects the interest of the Lender unless the Lender,prior to the time that the loan is approved,is furnished with a copy of the agreement,statement,or decree or has actual knowledge of the adverse provision when the obligation to the Lender is incurred.If the loan for which I am applying is granted,my spouse will also receive notification that credit has been extended to me. N. BORROWER'S CERTIFICATION: I declare under penalty of perjury under the laws of the United States of America that the following is true and correct.I certify that all information I provided to you in connection with this loan,including,without limitation,the information contained in this Credit Agreement,is true,complete and correct to the best of my knowledge and belief and is made in good faith. I understand that I am responsible for repaying immediately any funds that I receive which are not to be used or are not used for educational expenses related to attendance at the School for the academic period stated. I certify that I am not now in default on a (wo277584.4)PC.05-06.CLCW.IOSC.0105 4 of 4 POOL SUPPLEMENT PNC BANS„N.A. This Pool Supplement("Supplement")is entered into pursuant to and forms a part of that certain note Purchase Agreement(the"Agreement")dated as of April 22,2004,as amended,by and between The First Marblehead Corporation("FMC")and PNC Bank,N.A.("Program Lender"). This Supplement is dated as of October 12,2005. Capitalized terms used in this Supplement without definitions have the meaning set forth in the Agreement. Article l: Purchase and Sale. I In consideration of the Minimum Purchase Price,Program Lender hereby transfers,sells,sets over and assigns to The National Collegiate Funding LLC(the"Depositor'),upon the terms and conditions set forth in the Agreement(which are incorporated herein by reference with the same force and effect as if set forth in full herein),each PNC Bank Alternative Conforming Loan described in the . attached Schedule 2("the Transferred PNC Bank Alternative Loans")along with all of Program Lender's rights under the Guaranty Agreement relating to the Transferred PNC Bank Alternative Loans. The Depositor in turn will sell the Transferred PNC Bank Alternative Loans to The National _ Collegiate Student Loan Trust 2005-3(the"Trust"). Program Lender hereby transfers and delivers to the Depositor each PNC Bank Alternative Note evidencing such PNC Bank Alternative Conforming Loan and all Origination Records relating thereto,in accordance with the terns of the Agreement. The Depositor hereby purchases said PNC Bank Alternative Notes on said terms and conditions. Article 2: Price. The amount paid pursuant to this Supplement is the Minimum Purchase Price,as that term is defined in Section 2.04 of the Agreement. Article 3: Representations and Warranties. 3.01. By Program Lender. Program Lender repeats the representations and warranties contained in Section 5.02 of the Agreement for the benefit of each of the Depositor and the Trust and confirms the same are true and 1, correct as of the date hereof with respect to the Agreement and to this Supplement: 3.02. By Depositor. The Depositor hereby represents and warrants to the Program Lender that at the date of execution and delivery of this Supplement by the Depositor. (a) The Depositor is duly organized and validly existing as a limited liability company under the laws of the State of Delaware with the due power and authority to own its properties and to conduct its-business as such properties are currently owned and such business is presently conducted,, and had at all relevant times,and has,the power,authority and legal right to acquire and own the Transferred PNC Bank Alternative Loans. I (b) The Depositor is duly qualified to do business and has obtained all necessary licenses and approvals,in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications. (c) The Depositor has the power and authority to execute and deliver this Pool Supplement and to carry out its respective terms;the Depositor has the power and authority to purchase the Transferred PNC Bank Alternative Loans and rights relating thereto as provided herein from the Program Lender and the Depositor has duly authorized such purchase from the Program Lender by all necessary action;and the execution,delivery and performance of this Pool Supplement has been duly authorized by the Depositor by all necessary action on the part of the Depositor. (d) This Pool Supplement,together with the Agreement of which this Supplement forms a part,constitutes a legal,valid and binding obligation of the Depositor,enforceable in accordance with i its terms. { (e) The consummation of the transactions contemplated by the Agreement and this ' Supplement and the fulfillment of the terms hereof do not conflict with,result in any breach of any of the terms and provisions of,or constitute(with or without notice or lapse of time)a default under,the governing instruments of the Depositor or any indenture,agreement or other instrument to which the Depositor is a party or by which it is bound;or result in the creation or imposition of any lien upon any of its properties pursuant to the terms of any such indenture,agreement or other instrument;or violate, any law or any order,rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body,administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties. (fj There are no proceedings or investigations pending,or threatened,before any court, regulatory body,administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties:(1)asserting the invalidity of the Agreement or this Pool Supplement, (2)seeking to prevent the consummation of any of the transactions contemplated by the Agreement or this Pool Supplement,or(3)seeking any determination or ruling that is Iikely to materially or adversely affect the performance by the Depositor of its obligations under,or the validity or enforceability of the Agreement or this Pool Supplement. Article4: Cross Receipt. Program Lender hereby acknowledges receipt of the Minimum Purchase Price. The Depositor hereby acknowledges receipt of the Transferred PNC Bank Alternative Loans included in the Pool. Article 5: Assignment ofOriaination.Guaranty and Servicing Ri. ts. Program Lender hereby assigns and sets over to Depositor any claims it may now or hereafter have under the Guaranty Agreement,the Origination Agreement,and the Servicing Agreement to the extent the same relate to the Transferred PNC Bank Alternative Loans described in Schedule 2,other than any right to obtain servicing after the date hereof. It is the intent of this provision to vest in Depositor any claim of Program Lender relating to defects in origination,guaranty,or servicing of the loans purchased hereunder in order to permit Depositor to assert such claims directly and obviate any need to make the same claims against Program Lender under this Supplement. IN WRNESS WHEREOF,the parties have caused flits Supplement to be executed as of the i date set forth above. i ! THE FIRST MAR13 EHP-AD CORPORATION By; Name:Johi RH4fo j Title; Ex-p4ve Vice President i PNCBAU t By Name: Title:. I THE NATIONAL COLLEGIATE FUNDING LLC By. GATE holdings,Inc.,Member' By: N Donald R.Peck Title: Treasurer and Secretary ,. 1. ' f IN WITNESS WHEREOF,the parties have caused this Supplement to be executed as of the date set forth above. THE FIRST MARBLEHEAD CORPORATION I By' I Name: Title: PNC BANK,N.A. i Y• F Name: ihdl3�(DEHLS Title: VM PRESIDENT I POMFOUO OVEPSEGHT THE NATIONAL COLLEGIATE FUNDING LLC I � ` By: GATE Holdings,Inc.,Member• I By' Flame: Title: • f • 1 1 i i I • � I 1 ,