IN 11.REMEDIESTHE EVENT OF DEFAULT. If Borrower is in default under this Contract, Sheffield may do any one or more of the following, with or without noticetoor demand for performance, except as may be required by applicable law: (1) require, at the option of Sheffield, Borrower pay immediately in full Borrower theunpaidbalance of the debt, together with all interest, fees and charges (subject to any right to cure Borrower may have under applicable law); (2) demand Borrower assemble and deliver the Property to Sheffield at such location as Sheffield may reasonably require (however, Borrower's delivery of the Property will not relieve BorrowerofBorrower's obligation to satisfy any deficiency which may arise upon the subsequent sale or other disposition of the Property); (3) enter upon the premises of Borrower to take possession of any Property or render it unusable except to the extent prohibited by applicable law; (4) sell or otherwise dispose of the Property; (5) claim benefits under or cancel any insurance, service contract, protection coverage, extended warranty or any other similar product that constitutes Property to obtain refunds which if received will be applied to amounts due; (6) bring suit at law or in equity to foreclose Sheffield's security interest and/or recover judgment for anyand all amounts due under this Contract; (7) pursue any other remedy provided to Sheffield under any applicable law; (8) refer this Contract to an attorney forcollectionor enforcement and recover from Borrower reasonable attorneys' fees, to the extent permitted by applicable law; (9) require that Borrower pay court costsandany by reasonable amount spent for repossessing, storing, preparing for sale, or selling the Property, and any and all other collection costs to the extent permittedapplicable law.
12.RIGHTOF SET-OFF. Sheffield may set-off Borrower's liability against or foreclose any funds of Borrower's held by Sheffield or its affiliates in an account of general deposit (other than IRA accounts, Keogh pension plan accounts or similar accounts) to the extent permitted by applicable law.
13.FEES AND CHARGES. Borrower agrees to pay the following fees and charges if and when they become due: Late Fee: If any portion of a payment (other than a Late Fee that Sheffield charged on a previous late payment) is more than 15 days past due, Borrower will pay Sheffield a Late Fee as provided on the first page of this Contract. Borrower will not be charged a late fee more than once for the same payment. Returned Item Fee: If any non-cash item (e.g., check, draft, etc presented to Sheffield as payment is dishonored or returned without payment, Borrower may be charged a Returned Item Fee of $40.00. Extension Fee: Upon request by Borrower, Sheffield may extend the scheduled due date of all or any part of an installment payment. If Sheffield agrees to the request of Borrower, Borrower may be required to pay an extension fee not to exceed $50.00 for each extension. Interest will continue to accrue on the unpaidprincipal balance due under this Contract during the term on any extension and may result in the payment of additional interest over the life of the Contract. When payments resume, they will be applied in the order set forth in this Contract.
OF 14.RELEASELIEN.UponBorrower's payment in full of all sums due hereunder, Sheffield will release its lien, if any, against the Property. Sheffield may withhold release of lien for a sufficient period of time to determine to its satisfaction that dishonor of any non-cash item is unlikely. Borrower shall pay the recordation costs assessed by third parties, including but not limited to public officials, to effectuate the release. In the event Sheffield is compelled to release its lien in any circumstance other than upon payment in full, release of lien will not represent full satisfaction of the debt owed Sheffield.
15. WAIVER. Sheffield may delay enforcing any of Sheffield's rights or elect not to enforce Sheffield's rights without losing any of them. To the extent permitted by applicable law, Borrower agrees that Sheffield is not required to: (a) demand payment of amounts due; (b) give notice that amounts due have not been paid or have not been paid in the correct amount, time or manner; or (c) give notice that Sheffield intends to make, or is making, this Contract immediately due.
16. NOTICE AND CHANGE OF ADDRESS. Sheffield may provide any required notice to Borrower at the address provided above. Borrower may update the address for Borrower by following instructions as provided in your billing statement or by contacting Sheffield for instructions. Borrower shall ensure that Sheffield hasprovided Borrower's current mailing address at all times. Failure to notify Sheffield in a timely manner of any change of address or an error in the information been provided may result in a delay in receiving information or notices from Sheffield regarding your Contract. Any delay as a result of failure to provide current and accurate information will not void any of Sheffield's rights or relieve Borrower of any obligations under this Contract.
17. NO ORAL AGREEMENTS. This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
18. GOVERNING LAW, MISCELLANEOUS. This Contract shall be governed by and construed in accordance with the laws of the United States and the State of North Carolina,for all matters related to interest and the exportation of interest. For all other matters, the Contract will be governed by the laws of the United States and the State of the residence of Borrower to the extent permitted by applicable law. This is the entire Contract between Sheffield and Borrower. Except as specifically incorporated herein, no other agreements or understandings exist outside of this document. Sheffield may assign this Contract and the assignee shall be entitled to all of theandofSheffield hereunder. Borrower may not assign Borrower's rights or obligations under this Contract. All Borrowers and Cosigners to this rightsremedies Contract hereby waive presentment for payment, demand, protest, notice of nonpayment or dishonor and of protest, and any and all other notices and demands whatsoever, and agree to remain bound until the Principal, all accrued Interest, and any other charges due hereunder have been paid in full, notwithstanding any release ortransfer of the Property. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL A PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any provision, or a portion thereof, of this Contract or its application to any party or circumstance shall be declared void, illegal, or unenforceable, the remainder of the provision and the Contract shall be valid and enforceable to the extent permitted by law. There exists no agency agreement between Merchant/Dealer and Sheffield and any representations made by Merchant/Dealer are those of the Merchant/Dealer and are not made on behalf of Sheffield.
19. ARBITRATION The following arbitration agreement does not apply to any Borrower who was a member of the active military, or was a spouse or dependent of a member of the active military, at the time Borrower applied for credit and this Contract is subject to the provisions of the Military Lending Act, 10 U.S.C. § 987 and its implementing regulations, 32 C.F.R. § 232.1, et seq.
IT IS IMPORTANT TO READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT BORROWER MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF THE PARTY PREFERS TO LITIGATE SUCH CLAIMS IN COURT. ALL PARTIES, INCLUDING BORROWER, ARE WAIVING RIGHTS EACH MAY HAVE TO LITIGATE THE CLAIMS IN COURT OR BEFORE A JURY. BORROWER IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTIONS WITH RESPECT TO SUCH CLAIMS.
Any dispute, claim, controversy or cause of action that is filed in any court ("Claim") by either Borrower or Sheffield against the other arising from or relating in any way to this Contract or the breach, termination, enforcement, interpretation or validity thereof, or arising out of related to any other transaction conducted with Sheffield or any of its affiliates, will, at the election of either party,beresolved by binding arbitration in accordance with the Federal Arbitration Act, the rules of JAMS, and this arbitration provision. This arbitration provision governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory or equitable relief, including the determination of the scope or applicability of this agreement to arbitrate. If a party elects to arbitrate a Claim, the arbitration will be conducted as an Installment Loan Contract-Consumer-TX/UT 08302019 Page of 4 Doc ID: 10103Lender No: