• A Division of Truist Bank P.O. Box 25127, Winston-Salem, NC 27114 This is a consumer credit transaction.

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  • NOTE & SECURITY AGREEMENT ("Contract") - Consumer

    1. PROMISE TO PAY. Borrower (which collectively means all Borrowers jointly and severally) promises to pay to the order of Sheffield Financial, a division of Truist Bank ("Sheffield") the principal amount equal to the sum of Amount Financed shown below plus the Total Prepaid Finance Charges shown below (collectively, the "Principal"), plus interest on the unpaid Principal at the daily simple interest rate of 0 % per annum ("Interest" Borrower also agrees to pay when they become due any Late Fees and other fees, charges, and costs as provided in this Contract. Borrower promises to make payments in accordance with the "Payment Schedule" shown below in U.S. Dollars. Borrower promises to make payments on or before the same day each month as the first payment due date shown in the Payment Schedule below. Interest shall begin to accrue onand continue to accrue at the aforementioned rate until the unpaid balance of the Principalhasbeen paid in full. After demand or maturity (whether by default or otherwise), as applicable, interest on any unpaid balance hereof shall be payable on demand at the rate indicated above until Sheffield has received payment in full.

    2. COLLATERAL DESCRIPTION. Sheffield is extending this loan to purchase the property described below and more specifically described in the Bill of Sale or invoice evidencing the sale of the property to Borrower, which Bill of Sale and/or invoice are incorporated herein by reference thereto (the "Property"

  • *Sheffield may be retaining a portion of this amount.

    The undersigned Borrower(s) agrees to the terms hereof and acknowledges (1) before signing, Borrower received a complete copy of all pages of this Contract to keep which were completely filled in before signing, (2) having thoroughly read and understood all sections, and (3) that all Property offered as security has been received by Borrower. In the event that any Borrower has not received any proceeds under this Contract, has not received title to the Property or is otherwise deemed to be a guarantor under state or federal law, the parties agree that such Borrower shall be deemed a cosigner of this Contract.

    CAUTION- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.

  • 3. TRUTH-IN-LENDING DISCLOSURES. The amounts disclosed as "FINANCE CHARGE" and "TOTAL OF PAYMENTS" have been computed on the assumptionthat all payments will be received on the exact scheduled due dates. If payments are made early, these amounts may decrease. Payments made after due dates will increase these amounts. The amount of any net increase or decrease will be reflected in the amount of the final payment, or may increase or reduce the number of payments necessary to pay the Contract in full. If Borrower pays the loan in full early, Borrower will not be charged a penalty for such prepayment.

    4.PAYMENTS. Except as otherwise provided herein, each payment shall be applied to the amounts owing under this Contract in any order Sheffield chooses that is permitted by applicable law.

    Exceptasmay be otherwise directed by Sheffield, all payments must be mailed or delivered to Sheffield at the payment processing center address on the billing if is statement. Payments received after 5:00 p.m. ET on any banking day will be credited on the next banking day. Credit for payment may bedelayed(i) payment sent to any location other than the payment processing center address shown on the billing statement; or (ii) not accompanied by a remittance coupon.

    Borrower agrees that any payment may not be deemed received by Sheffield and may be returned to Borrower if the check or money order is: (i) not drawn in U.S. dollars on funds on deposit in the U.S.; (ii) missing a signature; (iii) drawn with different numeric and written amounts; (iv) restrictively endorsed; (v) postdated; or (vi) notpaidpresentment. Delayed crediting may cause Borrower to incur a Late Fee and additional Interest. If any non-cash item (e.g. check, draft, etc presented to on Sheffield as payment is dishonored or returned without payment, Sheffield may redeposit the item without notice and Borrower may be assessed a Returned Item Fee.

    Sheffieldcan accept late or partial payments without losing any of its rights under this Contract. Borrower agrees not to send Sheffield partial payments marked "paid infull","withoutrecourse", or similar language. Borrower agrees that tender of a check, payment instrument or other payment method so marked will not satisfy or discharge the obligation under this Contract, disputed or otherwise, even if such payment is processed by Sheffield and that Sheffield may accept it without losing any ofitsthis Contract. All written communications concerning disputed amounts, including any check, payment instrument or other payment method that rightsunder indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount, must be sent to Sheffield Financial, P.O. Box 25127, Winston-Salem, NC 27114.

    INTEREST. 5.SECURITYTosecurethe payment and performance of any obligations arising under this Contract, Borrower grants Sheffield a purchase money securityinterest in the Property. In addition to the collateral described on Page 1, "Property" also includes (a) all spare or replacement parts or accessories now or hereafter incorporated on or into the Property, (b) any insurance, service contract, protection coverage, extended warranty or any other similarproductobtainedin connection with the Property, and (c) all proceeds thereof, additions thereto or substitutions therefore. Borrower authorizes Sheffield, at its option, to disburse the loan proceeds directly to the seller of the Property.

    6. PERFECTION OF SECURITY INTEREST. Borrower authorizes Sheffield to file any financing statements, lien entry form or other document showing the securityinterest of Sheffield in the Property without Borrower's signature. In the event state law requires Borrower's signature, Borrower agrees to join in executing all necessary financing statements, title documents, lien forms or other documents in a form satisfactory to Sheffield. Borrower also authorizes Sheffield to charge Borrowerforfeesto effect the filing of any financing statement or the recording of any lien. Borrower agrees to pay all costs of terminating Sheffield's any necessary securityinterest. Borrower grants to Sheffield a durable power of attorney, which shall be effective so long as any amount is unpaid on the obligations secured by this Contract and which gives Sheffield the right to sign Borrower's name on any financing statement or other document that Sheffield elects to file in order to perfect its security interest. This power of attorney shall not be affected by Borrower's disability.

    7. RISK OR LOSS; INSURANCE. (a) At all times, Borrower shall bear the risk of damage to, theft, destruction or other loss of the Property. Damage, theft, destruction, or other loss of the Property will not release Borrower from Borrower's obligations to Sheffield under this Contract. (b) Until this Contract is fully paid and performed, Borrower agrees to insure the Property at Borrower's expense against damage, loss, or destruction. In addition, policies and coverages shall comply with any requirements established by Sheffield. At request of Sheffield, Borrower will deliver to Sheffield the insurance policy or policies or a certificate of insurance for the Property. Liability insurance coverage for bodily injury and property damage caused to others is not included in this Contract. BORROWER HAS THE OPTION

    TO FURNISH THE REQUIRED INSURANCE COVERAGE THROUGH AN INSURER OR AGENT OF BORROWER'S CHOICE OR THROUGH AN INSURANCE POLICY THAT IS IN EXISTENCE AND THAT IS OWNED OR CONTROLLED BY BORROWER OR AN INSURANCE POLICY OBTAINEDFROMANINSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE IN WHICH THIS CONTRACT IS EXECUTED. SHEFFIELD MAY REJECT BORROWER'S CHOICE OF INSURER OR AGENT ONLY IF BASED ON REASONABLE STANDARDS AS PROVIDED

    BY APPLICABLE LAW. (c) All insurance proceeds under any insurance policy shall be payable to Sheffield and Sheffield shall be entitled to receive from such proceeds the amount of any money Borrower owes to Sheffield. Sheffield may sign any proof of loss and endorse any check, draft, or other form of payment issued by theinsurance company or its agent as a loss payment and Borrower hereby appoints Sheffield as Borrower's attorney-in-fact for this purpose. This durable power of attorney shall not be affected by Borrower's disability. (d) Borrower gives and assigns to Sheffield any unearned insurance premiumswhichmaybereturnedon cancellation of any insurance policy. Borrower understands that all insurance proceeds and returned insurance premiums received by Sheffield may at Sheffield's be optionappliedto the balance of the loan and if so will be applied against the money Borrower owes Sheffield as a principal balance reduction without representing a particularinstallment payment and will not change the monthly payment amount due. Any balance remaining will be paid to Borrower. Sheffield owes Borrower no fiduciary duty as to claims or placing insurance.

    8. BORROWER'S WARRANTIES AND REPRESENTATIONS. Borrower hereby represents and warrants to Sheffield as follows: This Contract is genuine in all Allsignaturesare the genuine signatures of the persons they purport to be. Borrower and any Cosigner to the Contract have capacity to enter into the respects. Contract.TheContract is duly executed with proper authority and Borrower has no knowledge of any fact which impairs the validity hereof. The Property was sold to forhis and/or her personal ownership and not for another person. Borrower acknowledges that time is of the essence and that Borrower will pay to Borrower(s) Sheffield when due all amounts due hereunder. Borrower represents that all information supplied to Sheffield is true and correct.

    9. BORROWER'S OBLIGATIONS WITH RESPECT TO THE PROPERTY. Borrower agrees as follows: The Property will be used by Borrower for personal, orhousehold familypurposes. The Property will be kept free of all other liens and encumbrances. The Property will be maintained in good condition and not allowed to deteriorate, reasonable wear and tear excepted. The Property will be kept at the place shown on Page 1 except upon Sheffield's prior written consent. The Property will allunder Borrower's control. Borrower will not sell, lease, make a gift of, create a lien upon, or otherwise dispose of the Property or make times atremain modifications to the Property without Sheffield's written consent.

    10. DEFAULT. To the extent permitted by applicable law, Borrower will be in default under this Contract, if at any time: (1) Borrower does not make a payment or pay any other sum when due under this Contract; (2) any representation or warranty by any Borrower was or is inaccurate or false; (3) Borrower fails to comply with any agreement, obligation or covenant in this Contract; (4) Sheffield reasonably believes that the Property is in danger of being lost or destroyed; (5) Sheffieldbelieves that the balance of the debt due herein has become unsecured in whole or in part, or that the prospect of full payment of all amounts due under this Contract is impaired; (6)Borrower moves out of the U.S. or provides Sheffield with a non-U.S. mailing address; (7) Borrower institutes bankruptcy or insolvency proceedings or such proceedings are instituted against Borrower; and (8) the death or incompetency of any Borrower.

    Installment Loan Contract-Consumer-TX/U7 08302019

  • 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:

  • individual action. This means that even if a class action lawsuit or other representative action, such as those in the form of a private attorney general action,isfiled,any Claim related to the issues of such lawsuits will be subject to arbitration if any party so elects. Claims subject to arbitration also include Claims that are made as counter claims, crossclaims, third party claims, interpleaders or otherwise. Notwithstanding this arbitration provision, the following matters will not be arbitrated: (1) the exerciseofextra-judicial or self-help repossession under applicable law or any action seeking to enforce a security interest or any action to effect the sale or transfer of thebeingforeclosed; and (2) any Claim where all parties collectively seek, in the aggregate, only monetary relief, including but not limited to compensatory, property statutory and punitive damages, restitution, disgorgement, and costs and fees (including attorney's fees), that is within the jurisdiction of the small claims court "Excluded (collectively Actions" Any appeal from a decision of a small claims court shall be subject this arbitration provision and any claim or dispute arising out of or relating to the exercise of such Excluded Actions are subject to arbitration in accordance with this arbitration provision.

    The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures and in accordance with JAMS MinimumConsumer Standards. The arbitration will be before one arbitrator at a location mutually agreed upon in the state of the residence of Borrower. Either party may bringasummary orexpeditedmotion to compel arbitration or to stay the applicable litigation of a dispute in any court. Such motion may be brought at any time, and the failure to initiate or request arbitration at the beginning of litigation shall not be construed as a waiver of the right to arbitration. If a party elects to arbitrate it shall provide noticetothe other party. Sheffield shall provide notice to Borrower at the address in its records, and Borrower shall provide notice to: Deputy General CounselTruist Litigation, Legal Department, P.O. Box 1255, Winston-Salem, NC 27102.

    of ofthethe rules A copy contacting JAMS at www.jamsadr.com. Phone: 800-352-5267.

    arbitration administrator, including information about consumer arbitration, fees, and instructions for initiating arbitration may be obtained by

    BorrowerandSheffieldeachagree that under this Contract, Borrower and Sheffield are participating in transactions involving interstate commerce which shall be governedbythe provisions of the Federal Arbitration Act, Title 9 of the United States Code ("FAA") and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall beauthorizedto relief, award all available remedies, including without limitation, damages (to the extent not limited by this Contract), declaratory, injunctive and otherequitableand attorneys' fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA, this provision and the administrator's rules.

    Anycourtwith jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for any appeal right under the FAA. Unlessapplicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, Sheffield will consider in good faith any reasonable written request for Sheffield to bear the cost of Borrower's appeal. Sheffield will pay any fees or expenses Sheffield is required by law to pay or in order to make this arbitration provision enforceable.

    This arbitration provision shall survive termination or suspension of this Contract If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision or Contract; provided, however, if the limitations on class actions are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to appeal such decision, this entire arbitration provision (other than this proviso) shall be null and void in such proceeding.

  • 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 AMOUNTS PAID BY THE DEBTOR HEREUNDER.

    Installment Loan Contract-Consumer-TX/UT 08302019

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