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LaPorte Superior Court 1
Filed: 4/9/2024 3:24 AM
Clerk
LaPorte County, Indiana
STATE OF INDIANA ) IN THE LAPORTE COUNTY SUPERIOR COURT 1
) SS:
46D01-2404-CC-000841
COUNTY OF LA PORTE ) CAUSE NO.
HEIGHTS FINANCE CORPORATION
Plaintiff
v.
BRANDON HENDERSON
Defendant
COMPLAINT ON NOTE
Comes now the Plaintiff, by counsel, and of the Defendant, Brandon Henderson, alleges and says:
1. That at all times herein, Plaintiff was a corporation duly authorized to conduct business in
the State of Indiana.
2. That on or about December 4, 2021, Defendant executed a Note to HEIGHTS FINANCE
CORPORATION, whereby Defendant financed a certain sum of money plus interest and other costs
pursuant to the Note, a true and accurate copy of which is attached to Plaintiff's Affidavit which is made a
part hereof and marked Exhibit 'A'.
3. The Defendant has defaulted upon the payments and there is now due the total of the following
amounts:
a. The sum of $5,022.56
b. Interest (at the contract rate through date of judgment): 27.04%
c. Late and/or Misc fees $249.46
d. Attorney’s Fees (as determined by the Court)
WHEREFORE, Plaintiff demands judgment against the Defendant, Brandon Henderson, in the
sum of $5,022.56, plus interest at the contract rate from date of default to the date of judgment, late
and/or finance fees, reasonable attorney's fees, costs of this action, without relief from valuation and
appraisement statutes and post judgment interest.
/s/ Fred Hecht 25258‐31
_________________________________
Attorney for Plaintiff
BLEECKER, BRODEY & ANDREWS
9247 N. Meridian Street, Suite 101
Indianapolis, IN 46260
Phone: (888) 574-0700
THIS IS AN ATTEMPT TO COLLECT A DEBT, THE COMMUNICATION IS FROM A DEBT COLLECTOR AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
*Q401650c0241-*
STATE OF INDIANA )LA FORTE COUNTY, INDIANA
)ss: 46D01-2404-CC-000841
COUNTY 0F LA PORTE ) CAUSE N0.
HEIGHTS FINANCE CORPORATION
Plaintiff',
V.
BRANDON HENDERSON
Defendant
AFFIDAVIT 0F DEBT
Comes now the affiant, and states:
I. l, CfiSten Clyde , am a designated full-time employee of HEIGHTS FINANCE
CORPORATION l am of adult age and am fully authorized by the Plaintiff to make the following
representations.
2. I am familiar with the recordkeeping practices of the Plaintiff.
3. The following representations are true and accurate according to documents kept in the normal
course of Plaintiff's business and my personal knowledge:
4. I have no information that would lead me to believe that the Defendant is a minor or an incompetent
individual.
5. The documents attached as Exhibit 'A' to this Affidavit are true and accurate copies of records kept
in the regular course of Plaintiff's business. Each record was made at or near the time of an event
that occurred by a representative of the Plaintiff who had knowledge of the event. Making each
record was a regular practice of the Plaintiff to record a business activity.
6. The Account/Note was opened on December 4, 2021, by agreement between the parties. A true and
accurate copy of terms agreed to by the parties and any amendments or modifications, if applicable
is attached hereto in Exhibit 'A.'
7. Under the terms of the agreement made between the parties, Defendant agreed to make payments
towards a balance of debt to Plaintiff.
8. The Defendant failed to repay the Plaintiff in accordance with the terms of the parties' agreement.
9. The Defendant's failure to repay constitutes a default under the terms of the agreement.
BB&A File: 401650
10. Brandon Henderson, has a principal balance of $5,022.56 due and owing on Account/Note redacted
identification number: XXXX6596. If credits were owed under the terms of the agreement, those
credits have been applied.
ll. Due to the Defendant's breach of the agreed terms, Plaintiff has been damaged in the amount owed
plus interest, and late/N SF fees agreed to by the parties under the terms of the agreement.
12. The last payment applied to the Account/Note was received on June l6, 2023, in the amount of
$194.46
l3. The type of debt is: Note and Security Agreement/ Promissory Note/ Retail Installment
Contract.
l4. Plaintiff is the original owner of the debt.
15. The Plaintiff is seeking interest calculated at a rate of 27.04%. and continuing at said interest rate
until paid in full.
16. Plaintiff is seeking reimbursement of attorney's fees and additional evidence will be presented to the
court prior to entry of judgment on attorney's fees.
l7. The Plaintiff is seeking late/NSF fees in the sum of $249.46 as of December 12, 2023.
18. Based upon an SCRA search, the Defendant is not on active military duty.
l9. l am not aware of any setoffs, counterclaims or credits due and owing to the Defendant from
Plaintiff.
l swear or affirm under the penalties for perjury that the foregoing representations are true.
Dated: 03/ 1 3/2024
Bleecker Brodey & Andrews
Signature of
Affiantzmm
9247 N. Meridian Street, Suite 101
Indianapolis, IN 46260
This is an attempt to collect a debt, the communication is from a debt collector and any information obtained
will be used for that purpose.
*0401650A0331-i
BB&A File: 401650
Creditor: Borrower(s): BRANDON A HENDERSON Loan #
HEIGHTS FINANCE CORPORATION
4339 S FRANKLIN ST MICHIGAN CITY, IN 46360 Date 12/4/2021
A provision with a box in front
(219) 874-1300 of it is not applicable if the box is not
checked.
FEDERAL DISCLOSURE STATEMENT
ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
The cost of my credit as a yearly rate. The dollar amount the credit The amount of credit provided to The amount I will have paid after I
will cost me. me or on my behalf. have made all payments as scheduled.
29.19 % $ 3,912.23 $ 5,463.39 $ 9,375.62
My Payment Schedule will be:
Number of Payments: Amount of Payments: When Payments are Due:
$236.00 01/15/2022
47 $194.46 02/15/2022 and monthly thereafter with the final payment
men due
12/15/25 , which is the date of maturity. rity.
ity.
Security I am giving a security interest in:
the Goods or Property being purchased.
(description of other property):
Late Charge If a payment is not paid in full within 10 days after its scheduled due date, I will be charged a late charge
harge
arge of $__________.
Prepayment If I pay off early, I X may will not have to pay a minimum finance charge, I may X will ill not
no have to pay a penalty and will
not be entitled to a refund of part of the finance charge.
See the contract documents for any additional information about nonpayment, default, and any required
red rrepayment before the scheduled date, and
ired
prepayment refunds and penalties.
Itemization of Amount Financed
Amount paid to me directly $_________________ N/A
$_________________
Amount paid on my account $_________________ N/A
$_________________
Amounts paid to others on my behalf: N/A N/A
$_________________
To insurance companies* N/A
$_________________ N/A
$_________________
To insurance companies non-filing insurance* N/A
$_________________ N/A
$_________________
To public officials for filing fees N/A
$_________________ N/A
$_________________
To public officials for taxes or stamps N/A
$_________________ N/A
$_________________
To public officials for other than filing fees or taxes N/A_
$_________________ N/A
$_________________
$____________________
__ N/A
$_________________
N/A
$_________________ /A
____A
_____ N/A
$_________________
_____
____N
N/A
$_________________ Principal Amount (Total of Items Above) $_________________
_ N/A
$_________________
___
___ (Minus) Prepaid Finance Charge $_________________
_____ N/A
$_________________ Amount Financed $_________________
* Heights Finance Corporation or its affiliates may retain
n or b
be paid a portion of these amounts.
NOTE
FOR VALUE RECEIVED, the undersigned borrower(s) r(s)
(s) ( I ), jointly and severally, promise to pay to Heights Finance Corporation ( you ), or to your order,
at the address shown above, the principal amount ount FIVE THOUSAND SIX HUNDRED SIXTY THREE DOLLARS AND 39/100
unt of _______________________________________________________________________________
Dollars ($________________) plus interest from om _ __ December 04, 2021
___________________________________ at X the rate of __________% per year tiered rates of
_________% per year on the part of the unpaidnpaid
paid pprincipal balance which is $________________ or less, __________% per year on the part of the unpaid
principal balance which is more than $____ $________________, but less than $________________, and __________% per year on the part of the unpaid
principal balance which is more than n $_________________ until paid in full in accordance with the following terms.
Minimum Finance Charge. I agree tto pay a minimum finance charge (interest) of $________________ if I prepay this loan and you have not earned that
much in interest.
Payments. I will repay the loan in monthly payments with a first payment of $________________ due _________________________________ and
________ additional paymentsyments
ment of $________________ due monthly beginning _______________________________ with a final payment due
_____
__________________________________, which is the date of maturity.
X Prepaid Finance Cha Charge. I agree to pay a nonrefundable prepaid finance charge of $________________ which will be paid in cash or by check or X
Char
withheld from the proce
proc
proceeds of the loan. The prepaid finance charge is included in the principal amount of the loan if it was withheld from the proceeds of the
loan.
Late Charge. I agree to pay a late charge as stated in the Federal Disclosure Statement above.
Dishonored Check Charge. I agree to pay a fee of $_____________ if a check or similar instrument, including an electronic fund transfer, I give you for a
payment on the loan is dishonored.
Collateral. I grant you a security interest in the following described property (the Property ) subject to the terms and conditions of the Security
Agreement on page 3. At our option, we may charge you a filing fee to be paid to public officials to protect our interest in the Property or a fee for non-filing
insurance in lieu of the filing fee. Such fees are included in the Amount Financed.
Notice: See pages 2, 3, 4 and 5 for additional provisions of the Note, the Security Agreement, the Arbitration Agreement and other important
information.
IN-S (07/20) Page 1 of 5
INSURANCE
Credit Insurance Credit life, credit accident and sickness (disability), and any other insurance coverage quoted below, are not required to obtain credit and
you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage).
Type TERM (Mos.) Premium Signature
Single N/A $ N/A I want credit life insurance X I do not want/qualify for credit life insurance
Credit Life
Joint N/A $ N/A We want credit life insurance X We do not want/qualify for credit life
Credit Life insurance
Single Disability Term of loan or first $ N/A I want credit disability insurance X I do not want/qualify for credit disability
60 months of loan, insurance
whichever is less
Joint Disability Term of loan or first $ N/A We want credit disability insurance X We do not want/qualify for credit disability
60 months of loan, insurance
whichever is less
IUI Insurance N/A $ N/A I want IUI insurance I do not want/qualify for IUI insurance
I affirm and authorize each of my credit insurance elections above:
Signature: Date:12/4/2021
Signature: Date: (if Joint Credit Life or Joint Disability)
Property Insurance. Physical damage insurance and/or personal property insurance, if required in connection with this loan, may bee obta
obtained through any
person of my choice, provided the insurance company is reasonably acceptable to you. No liability insurance is included with the coverage
vera offered by you. If
overag
I get insurance from or through you, I will pay:
N/A
Physical Damage Insurance Premium: $_____________ TermN/A
_____ mos. N/A
Personal Property Insurance Premium $_____________
_____
______ Term N/A
_____ mos.
I affirm and authorize each of my property insurance elections above:
Signature: Date:
Insurance Premiums. I understand and agree that a portion of any insurance premium will be retained by or paid to
o you or an affiliate.
NOTE (continued)
Application of Payments. All payments received by you, including payments under credit disability and involuntary i unemployment insurance, will be
cipal th
applied first to interest, then to late charges, then to principal that is due, then to fees and finally to principal that is not yet due.
Expedited Payment Fee. I agree that if I ask you to expedite the receipt of a payment by accepting ngg a payment
p delivered to you in a manner other than the
normal manner which I use to deliver payments to you, such as by an electronic funds transfer orr an automated aau clearing house transaction, I will pay you an
expedited payment fee of $10.
Prepayment. I may prepay this loan in full or in part at any time. If I prepay in part, including uding
ding through the receipt by you of property insurance proceeds, I
must still make each later payment in the original amount as it becomes due until the loan is paid ppa in full.
Default. I will be in default on this loan and any agreement securing this loan if:
1. I fail to make any payment in full when due;
2. I breach any of the terms of this Note, the Security Agreement or any other herr doc
document signed for the purpose of creating, securing or guarantying this
loan; or
3. I become insolvent, I make an assignment for the benefit of creditors,, or any an proceeding is commenced either by me or against me under any bankruptcy
or insolvency laws; or
4. Any representation or statement made by me or on my behalf is false or misleading in any material respect; or
5. You, in good faith, deem yourself insecure regarding any person erson
rson oobligated on this Note or believe that the prospect of any payment or the value of any
property securing this loan is impaired.
Remedies on Default. If I am in default on this loan or any agreement agree securing this loan, you may:
1. declare the entire unpaid balance of the loan, including ding
ing accrued interest, late fees and other charges, immediately due in its entirety before the date of
maturity;
2. foreclose upon, repossess or otherwise realize on an any property securing this loan;
3. require additional property as collateral to secure ecure the loan;
4. require additional persons to become obligated ligated
igate to pay this loan;
5. file a claim for any insurance benefits or re ref
refunds that may be available; or
6. exercise all remedies provided by applicableappli
applic law, the Security Agreement or mortgage, if any, or any other document signed for the purpose of creating,
securing or guarantying this loan. n..
Any delay by you in exercising any nyy rig
righ
right or remedy upon my default will not be a waiver of your right to later exercise such right or remedy with respect to
mila default.
milar
the same event of default or a similar
Attorney s Fees and Expenses. sess. I agree to pay your reasonable attorney s fees after my default and your referral of this Note for collection to an attorney who
nse
oyee
is not your salaried employeeyee an
aand expenses incurred in realizing on a security interest.
Amendment and Record ord RRetention. Except as otherwise provided in this Note or the Security Agreement, any amendment to this Note or the Security
Agreement shall bee in w writing and signed by you and me. I acknowledge and agree that you may from time to time retain information about me and
documents that I sign including, but not limited to, this Note and Security Agreement and documents related to this loan (collectively, the Documents )
electronically (such as in optical, digital or other electronic storage and retrieval system) and destroy the original Documents. You and I agree and intend that
any Document produced by you and me from the electronic media shall have the same legal force and effect as the original Documents for all purposes and in
all circumstances including, but not limited to, collection, admissibility, authentication or any other legal purpose.
Enforcement of Terms, Usury and Assignability. Any provision of this Note or the Security Agreement that is in conflict with applicable law will not be
effective. If a provision cannot be enforced, that provision will be considered to be removed from the Note or the Security Agreement, but this will not affect
the enforceability of the remaining provisions of this Note or the Security Agreement. The interest rate and other charges on this loan will not exceed the
maximum rate or charges permitted by applicable law. I agree and acknowledge that this Note and related Security Agreement may be sold, assigned or
otherwise transferred by the holder of this Note and the Security Agreement, and all rights and remedies of the holder inure to the benefit of its successors and
assigns.
Notice of Changes. I will give you notice promptly of any change in my address or legal name.
Notices. Any notices given by me to you or you to me shall be in writing and shall be mailed by first class mail or delivered in person or by overnight
delivery to the addresses set forth above unless the address for receipt of notices has been changed by a notice given in accordance with this section.
Payment of Proceeds. If all or any portion of the proceeds of this loan are for the purpose of purchasing property or services from a third party, I agree that
you can make any check for the proceeds of this loan payable jointly to me and such third party.
IN-S (07/20) Page 2 of 5
NOTE (continued)
Independent Obligation. I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it.
You may, without notice, renew or extend this Note repeatedly and for any length of time or release any party or guarantor or collateral, or impair, fail to
realize upon, or fail to perfect your security interest in the property securing this loan, and I will still be obligated to pay this loan.
Waiver. I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. I acknowledge that your failure to
enforce the strict performance of any of the terms and conditions contained herein that would be for my benefit shall not operate as a waiver of your right
thereafter to require that my obligations and the terms and conditions contained herein be strictly performed.
Financial Statements and Other Documents. I will provide to you, upon your request, any financial statements or information that you deem reasonable
and necessary. I also agree to sign and deliver any additional documents that you consider necessary to preserve your rights under this Note or to perfect or
preserve your interest in any property securing this loan.
Governing Law. This Note and the related Security Agreement shall be governed by and construed according to the laws of the state of Indiana.
Consent to Contact. I also expressly consent and agree that you and your affiliates, agents and service providers may use written, electronic or verbal means
to contact me. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails
and/or automatic telephone dialing systems. I agree that you and your affiliates, agents and service providers may use any email address or any telephone
number I provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether I incur charges as a result.
SECURITY AGREEMENT
The undersigned Borrower(s) and any person who signs this Agreement for the purpose of granting a security interest in the Property, as def defined below, ( I,
me and my ), grant to Heights Finance Corporation ( you and your ) a security interest in the Property to secure the Indebtedness, ess
ss,, as
a defined below.
Property. Property means the property that is listed on page 1 as well as all accessions, attachments, accessories, replacements emen and additions to the
ement
Property (for example appliances and fixtures attached to a mobile home or tires attached to a car), whether they exist now or are re added
add later, together with all
ad
proceeds (including, but not limited to, insurance proceeds), if any, and sums owed by a third party or their insurer for damage age
ge or destruction to the Property.
Indebtedness. The word Indebtedness means the amounts I owe you under the Note above and any renewals, extensions, ions,
ons, rrefinancings or modifications of
the Note, including principal, interest and all other amounts, costs and expenses for which I am responsible under the he Note
No or this Agreement. If any other
note or agreement I have with you provides that collateral securing that loan may also secure this loan, you agree that hat
at suc
su
such a provision will not be enforced by
you.
Limitations. You are not granted a nonpurchase money security interest in household goods to the extent such ch a security
s interest is prohibited by law. If you
are required to give a notice of the right to cancel any Indebtedness or the security interest in the Property under unde the federal Truth-in-Lending Act or any other
applicable law, you will not have a security interest in the Property until such notice is given and the time me fo
for cancellation has expired.
Representations and Duties. I represent, agree and warrant that:
1. I own all of the presently existing Property free and clear of any liens and will defend the Property erty aagainst any other claims.
2. I agree to keep the Property at the address listed above unless you agree that I can move it. If th the Property is a vehicle, I will keep it at the address above,
except for routine travel. I will not move the vehicle to another residence or another state tee or ddo anything which would require another state s certificate of
title without your express written consent.
3. I will not sell, lease, borrow against or transfer any or all interest in or otherwise see change
ch
cha my rights with respect to the Property without your express
written consent until the Indebtedness is paid in full.
4. I will maintain the Property in good condition and repair, ordinary wear and tear tea
ear
ar accepted,
ac and will immediately notify you if the Property is damaged, lost
or stolen. I will not use the Property in a manner that will violate applicable blee law
laws or subject the Property to seizure of forfeiture.
5. I will pay promptly when due all taxes and other charges relating to the Property. Prop
Prope
6. I authorize you to inspect the Property regardless of its location at any nyy reas
rea
reasonable time and I will cooperate fully in any inspection.
7. I will do whatever you request in order for you to perfect and maintain inta
ntain
in your security interest.
Insurance. In addition, until the Indebtedness is paid in full, I agree gree tto keep the Property insured in such amounts and against such risks as you reasonably
require. I will name you as a loss payee on the insurance policy icy an
aand will provide you with proof of the insurance. The insurance policy will contain such
terms that are reasonably acceptable to you, including a requirement quirem that you be given prior written notice of any cancellation or reduction in coverage. If
insurance proceeds are used to repair or replace the Property, operty
perty you may require additional security for the loan. If the proceeds of the insurance are not
sufficient to pay the Indebtedness, I will pay you any amounts amou I still owe you. If I fail to maintain insurance as required by you, I agree that you may, but are
amoun
not required to, purchase insurance to protect your intere inter
interest in the Property. Such insurance may not protect my interests in the Property and may not pay a
claim that I make or a claim that is made against st me
me in connection with the Property. The cost of such insurance may be more than the cost of insurance I
could obtain myself.
Additional Remedies in the Event of Default. ult If I am in default under the Note or break any agreement I made to you in this Security Agreement, you may,
ault
in addition to any other rights you have under the Note or any other agreement relating to the loan:
1. Pay taxes or other amounts necessary sary tto protect the Property or purchase insurance, but you are not required to do so. Amounts paid by you will become
part of the Indebtedness and will ill be secured under this Agreement. You may accrue interest on such amounts at the interest rate provided in the Note and
collect such amounts through high payments during the term of the loan, a larger final payment on the date of maturity or additional payments.
gh higher
hig
2. Enforce your rights under err the Uniform Commercial Code and other applicable law. This includes the right, among others, to enter upon the premises at
the address shown above ove
ve and
an
a take the Property peaceably and sell it. If the Property contains any goods not covered by this Agreement at the time of
repossession, I agree eee th
tha
that you may take such goods, provided that you make reasonable efforts to return them to me after repossession. If you request, I
roperty
oper available to you at a place reasonably convenient to both you and me. If you sell the Property, to the extent permitted by law, you
will make the Property
ver th
will first recover the expenses of repossession, repair, sale, attorneys fees and other collection expenses and apply the remaining net proceeds to the
Indebtedness I agree that, to the extent permitted by law, I will owe you any deficiencies between the amount owed and the net proceeds you receive from
the sale of the Property. Unless the value of the Property will decline rapidly in value or is sold on a recognized exchange market, you will give me, and
other persons as required by law, reasonable notice of the time and place of any public or private sale. I agree the notice is reasonable if it is sent to me by
first class mail at my last known address 10 days before the sale or disposition, except as otherwise required by applicable law.
Financing Statements. I authorize you to file financing statements, including UCC filings and all other documents that are necessary to perfect, protect, and
continue your security interest in the Property. I will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law. I
irrevocably appoint you as my attorney-in-fact to execute financing statements and documents of title in my name and to execute all documents necessary to
transfer title if there is a default. I also agree to pay the costs of releasing or terminating your security interest.
[The remainder of this page intentionally left blank.]
IN-S (07/20) Page 3 of 5
ARBITRATION AGREEMENT
Read this Arbitration Agreement carefully as the Arbitration Agreement applies to the undersigned Borrower(s) ( I , me and my ) and Heights Finance
Corporation ( you and your ). The Arbitration Agreement will have a substantial impact on the way you and I resolve any dispute which you or I have
against each other now or in the future, if I do not reject it. You and I agree to this Arbitration Agreement. Instead of litigation in a court, if any Dispute (as
defined below in the section captioned Types of Claims Covered ) arises between the parties, you and I will resolve the Dispute by binding arbitration if
either party elects arbitration. IF YOU OR I ELECT TO ARBITRATE A DISPUTE, YOU AND I WILL NOT HAVE THE RIGHT TO PURSUE THAT
DISPUTE IN COURT OR HAVE A JURY DECIDE THE DISPUTE. ALSO, YOUR AND MY ABILITY TO OBTAIN INFORMATION FROM THE
OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR I WOULD HAVE IN COURT
MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Types of Claims Covered. Dispute shall have the broadest meaning possible. It includes any claim, dispute, or controversy between me (which shall include any
co-signers under this Note) and you that in any way arises from or relates to the loan, the Collateral, this Note, or the relationships resulting from any of the foregoing.
This includes disputes arising from actions or omissions on or prior to the date of this Note. As solely used in this Arbitration Agreement, the terms you, and your,
mean any of the following: (1) the Lender; (2) any subsequent holder of this Note; and (3) each of their parent companies; wholly or majority-owned subsidiaries;
affiliates; commonly-owned companies; successors; assigns; and any of these entities employees, officers, directors, and agents. For purposes of this Arbitration
Agreement, these terms also mean any third party providing any goods and services in connection with the origination, servicing, and collection of the loan, this Note,
or the Collateral, if you name that third party and us as defendants in a single proceeding. Dispute includes initial claims, counterclaims, cross-claims,ms, and third-party
claims. It includes disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common mmon law, and equity
(including any claim for injunctive or declaratory relief). Dispute does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration
Agreement or any part thereof (including, without limitation, this sentence, the section captioned Class Action Waiver, or the last sentence nce
ce of the section captioned
Severability ); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity
alidit or enforceability of the
alidity
Note as a whole is for the arbitrator, not a court, to decide.
Choosing the Arbitration Organization. Any Dispute shall be decided before one of the following ( the arbitration organization n ): A
American Arbitration Association
(https://www.adr.org/) ( AAA ); JAMS (https://www.jamsadr.com/); or another arbitration organization selected by mutual agree agre
agreement of the parties. If AAA and
JAMS cannot or will not serve, and the parties are unable to select an arbitration organization by mutual consent, the arbitration ion organization
tion oor will be selected by a court.
The party asserting the Dispute may select the arbitration organization. Notwithstanding any language in this Arbitrationn Agreement
Agre to the contrary, no arbitration may
be administered, without the consent of all parties to the arbitration, by any arbitration organization that has in place ace a formal or informal policy that purports to
lace
override the Class Action Waiver below. Any arbitration under this Arbitration Agreement shall be conducted under err the then current arbitration rules for the arbitration
organization selected. Even if all parties have opted to litigate a claim in court, you or I may elect arbitration with rrespect to any claim made by a new party or any
claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted d on aan individual basis but modified to be asserted on a
class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under tthis Arbitration Agreement.
Costs and Location of Arbitration. Each arbitration organization charges fees to administer an arbitrationratio proceeding. The arbitrator also charges fees. This includes
ration
fees not charged by a court. If either I or you require a Dispute to be arbitrated, I may tell you in writing
writin that I cannot afford to pay the fees charged by the arbitration
organization and/or the arbitrator or that I believe those fees are too high. If my re
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LaPorte Superior Court 1 Filed: 4/9/2024 3:24 AM Clerk LaPorte County, Indiana STATE OF INDIANA ) IN THE LAPORTE COUNTY SUPERIOR COURT 1 ) SS: 46D01-2404-CC-000841 COUNTY OF LA PORTE ) CAUSE NO. HEIGHTS FINANCE CORPORATION Plaintiff v. BRANDON HENDERSON Defendant COMPLAINT ON NOTE Comes now the Plaintiff, by counsel, and of the Defendant, Brandon Henderson, alleges and says: 1. That at all times herein, Plaintiff was a corporation duly authorized to conduct business in the State of Indiana. 2. That on or about December 4, 2021, Defendant executed a Note to HEIGHTS FINANCE CORPORATION, whereby Defendant financed a certain sum of money plus interest and other costs pursuant to the Note, a true and accurate copy of which is attached to Plaintiff's Affidavit which is made a part hereof and marked Exhibit 'A'. 3. The Defendant has defaulted upon the payments and there is now due the total of the following amounts: a. The sum of $5,022.56 b. Interest (at the contract rate through date of judgment): 27.04% c. Late and/or Misc fees $249.46 d. Attorney’s Fees (as determined by the Court) WHEREFORE, Plaintiff demands judgment against the Defendant, Brandon Henderson, in the sum of $5,022.56, plus interest at the contract rate from date of default to the date of judgment, late and/or finance fees, reasonable attorney's fees, costs of this action, without relief from valuation and appraisement statutes and post judgment interest. /s/ Fred Hecht 25258‐31 _________________________________ Attorney for Plaintiff BLEECKER, BRODEY & ANDREWS 9247 N. Meridian Street, Suite 101 Indianapolis, IN 46260 Phone: (888) 574-0700 THIS IS AN ATTEMPT TO COLLECT A DEBT, THE COMMUNICATION IS FROM A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. *Q401650c0241-* STATE OF INDIANA )LA FORTE COUNTY, INDIANA )ss: 46D01-2404-CC-000841 COUNTY 0F LA PORTE ) CAUSE N0. HEIGHTS FINANCE CORPORATION Plaintiff', V. BRANDON HENDERSON Defendant AFFIDAVIT 0F DEBT Comes now the affiant, and states: I. l, CfiSten Clyde , am a designated full-time employee of HEIGHTS FINANCE CORPORATION l am of adult age and am fully authorized by the Plaintiff to make the following representations. 2. I am familiar with the recordkeeping practices of the Plaintiff. 3. The following representations are true and accurate according to documents kept in the normal course of Plaintiff's business and my personal knowledge: 4. I have no information that would lead me to believe that the Defendant is a minor or an incompetent individual. 5. The documents attached as Exhibit 'A' to this Affidavit are true and accurate copies of records kept in the regular course of Plaintiff's business. Each record was made at or near the time of an event that occurred by a representative of the Plaintiff who had knowledge of the event. Making each record was a regular practice of the Plaintiff to record a business activity. 6. The Account/Note was opened on December 4, 2021, by agreement between the parties. A true and accurate copy of terms agreed to by the parties and any amendments or modifications, if applicable is attached hereto in Exhibit 'A.' 7. Under the terms of the agreement made between the parties, Defendant agreed to make payments towards a balance of debt to Plaintiff. 8. The Defendant failed to repay the Plaintiff in accordance with the terms of the parties' agreement. 9. The Defendant's failure to repay constitutes a default under the terms of the agreement. BB&A File: 401650 10. Brandon Henderson, has a principal balance of $5,022.56 due and owing on Account/Note redacted identification number: XXXX6596. If credits were owed under the terms of the agreement, those credits have been applied. ll. Due to the Defendant's breach of the agreed terms, Plaintiff has been damaged in the amount owed plus interest, and late/N SF fees agreed to by the parties under the terms of the agreement. 12. The last payment applied to the Account/Note was received on June l6, 2023, in the amount of $194.46 l3. The type of debt is: Note and Security Agreement/ Promissory Note/ Retail Installment Contract. l4. Plaintiff is the original owner of the debt. 15. The Plaintiff is seeking interest calculated at a rate of 27.04%. and continuing at said interest rate until paid in full. 16. Plaintiff is seeking reimbursement of attorney's fees and additional evidence will be presented to the court prior to entry of judgment on attorney's fees. l7. The Plaintiff is seeking late/NSF fees in the sum of $249.46 as of December 12, 2023. 18. Based upon an SCRA search, the Defendant is not on active military duty. l9. l am not aware of any setoffs, counterclaims or credits due and owing to the Defendant from Plaintiff. l swear or affirm under the penalties for perjury that the foregoing representations are true. Dated: 03/ 1 3/2024 Bleecker Brodey & Andrews Signature of Affiantzmm 9247 N. Meridian Street, Suite 101 Indianapolis, IN 46260 This is an attempt to collect a debt, the communication is from a debt collector and any information obtained will be used for that purpose. *0401650A0331-i BB&A File: 401650 Creditor: Borrower(s): BRANDON A HENDERSON Loan # HEIGHTS FINANCE CORPORATION 4339 S FRANKLIN ST MICHIGAN CITY, IN 46360 Date 12/4/2021 A provision with a box in front (219) 874-1300 of it is not applicable if the box is not checked. FEDERAL DISCLOSURE STATEMENT ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit as a yearly rate. The dollar amount the credit The amount of credit provided to The amount I will have paid after I will cost me. me or on my behalf. have made all payments as scheduled. 29.19 % $ 3,912.23 $ 5,463.39 $ 9,375.62 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: $236.00 01/15/2022 47 $194.46 02/15/2022 and monthly thereafter with the final payment men due 12/15/25 , which is the date of maturity. rity. ity. Security I am giving a security interest in: the Goods or Property being purchased. (description of other property): Late Charge If a payment is not paid in full within 10 days after its scheduled due date, I will be charged a late charge harge arge of $__________. Prepayment If I pay off early, I X may will not have to pay a minimum finance charge, I may X will ill not no have to pay a penalty and will not be entitled to a refund of part of the finance charge. See the contract documents for any additional information about nonpayment, default, and any required red rrepayment before the scheduled date, and ired prepayment refunds and penalties. Itemization of Amount Financed Amount paid to me directly $_________________ N/A $_________________ Amount paid on my account $_________________ N/A $_________________ Amounts paid to others on my behalf: N/A N/A $_________________ To insurance companies* N/A $_________________ N/A $_________________ To insurance companies non-filing insurance* N/A $_________________ N/A $_________________ To public officials for filing fees N/A $_________________ N/A $_________________ To public officials for taxes or stamps N/A $_________________ N/A $_________________ To public officials for other than filing fees or taxes N/A_ $_________________ N/A $_________________ $____________________ __ N/A $_________________ N/A $_________________ /A ____A _____ N/A $_________________ _____ ____N N/A $_________________ Principal Amount (Total of Items Above) $_________________ _ N/A $_________________ ___ ___ (Minus) Prepaid Finance Charge $_________________ _____ N/A $_________________ Amount Financed $_________________ * Heights Finance Corporation or its affiliates may retain n or b be paid a portion of these amounts. NOTE FOR VALUE RECEIVED, the undersigned borrower(s) r(s) (s) ( I ), jointly and severally, promise to pay to Heights Finance Corporation ( you ), or to your order, at the address shown above, the principal amount ount FIVE THOUSAND SIX HUNDRED SIXTY THREE DOLLARS AND 39/100 unt of _______________________________________________________________________________ Dollars ($________________) plus interest from om _ __ December 04, 2021 ___________________________________ at X the rate of __________% per year tiered rates of _________% per year on the part of the unpaidnpaid paid pprincipal balance which is $________________ or less, __________% per year on the part of the unpaid principal balance which is more than $____ $________________, but less than $________________, and __________% per year on the part of the unpaid principal balance which is more than n $_________________ until paid in full in accordance with the following terms. Minimum Finance Charge. I agree tto pay a minimum finance charge (interest) of $________________ if I prepay this loan and you have not earned that much in interest. Payments. I will repay the loan in monthly payments with a first payment of $________________ due _________________________________ and ________ additional paymentsyments ment of $________________ due monthly beginning _______________________________ with a final payment due _____ __________________________________, which is the date of maturity. X Prepaid Finance Cha Charge. I agree to pay a nonrefundable prepaid finance charge of $________________ which will be paid in cash or by check or X Char withheld from the proce proc proceeds of the loan. The prepaid finance charge is included in the principal amount of the loan if it was withheld from the proceeds of the loan. Late Charge. I agree to pay a late charge as stated in the Federal Disclosure Statement above. Dishonored Check Charge. I agree to pay a fee of $_____________ if a check or similar instrument, including an electronic fund transfer, I give you for a payment on the loan is dishonored. Collateral. I grant you a security interest in the following described property (the Property ) subject to the terms and conditions of the Security Agreement on page 3. At our option, we may charge you a filing fee to be paid to public officials to protect our interest in the Property or a fee for non-filing insurance in lieu of the filing fee. Such fees are included in the Amount Financed. Notice: See pages 2, 3, 4 and 5 for additional provisions of the Note, the Security Agreement, the Arbitration Agreement and other important information. IN-S (07/20) Page 1 of 5 INSURANCE Credit Insurance Credit life, credit accident and sickness (disability), and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). Type TERM (Mos.) Premium Signature Single N/A $ N/A I want credit life insurance X I do not want/qualify for credit life insurance Credit Life Joint N/A $ N/A We want credit life insurance X We do not want/qualify for credit life Credit Life insurance Single Disability Term of loan or first $ N/A I want credit disability insurance X I do not want/qualify for credit disability 60 months of loan, insurance whichever is less Joint Disability Term of loan or first $ N/A We want credit disability insurance X We do not want/qualify for credit disability 60 months of loan, insurance whichever is less IUI Insurance N/A $ N/A I want IUI insurance I do not want/qualify for IUI insurance I affirm and authorize each of my credit insurance elections above: Signature: Date:12/4/2021 Signature: Date: (if Joint Credit Life or Joint Disability) Property Insurance. Physical damage insurance and/or personal property insurance, if required in connection with this loan, may bee obta obtained through any person of my choice, provided the insurance company is reasonably acceptable to you. No liability insurance is included with the coverage vera offered by you. If overag I get insurance from or through you, I will pay: N/A Physical Damage Insurance Premium: $_____________ TermN/A _____ mos. N/A Personal Property Insurance Premium $_____________ _____ ______ Term N/A _____ mos. I affirm and authorize each of my property insurance elections above: Signature: Date: Insurance Premiums. I understand and agree that a portion of any insurance premium will be retained by or paid to o you or an affiliate. NOTE (continued) Application of Payments. All payments received by you, including payments under credit disability and involuntary i unemployment insurance, will be cipal th applied first to interest, then to late charges, then to principal that is due, then to fees and finally to principal that is not yet due. Expedited Payment Fee. I agree that if I ask you to expedite the receipt of a payment by accepting ngg a payment p delivered to you in a manner other than the normal manner which I use to deliver payments to you, such as by an electronic funds transfer orr an automated aau clearing house transaction, I will pay you an expedited payment fee of $10. Prepayment. I may prepay this loan in full or in part at any time. If I prepay in part, including uding ding through the receipt by you of property insurance proceeds, I must still make each later payment in the original amount as it becomes due until the loan is paid ppa in full. Default. I will be in default on this loan and any agreement securing this loan if: 1. I fail to make any payment in full when due; 2. I breach any of the terms of this Note, the Security Agreement or any other herr doc document signed for the purpose of creating, securing or guarantying this loan; or 3. I become insolvent, I make an assignment for the benefit of creditors,, or any an proceeding is commenced either by me or against me under any bankruptcy or insolvency laws; or 4. Any representation or statement made by me or on my behalf is false or misleading in any material respect; or 5. You, in good faith, deem yourself insecure regarding any person erson rson oobligated on this Note or believe that the prospect of any payment or the value of any property securing this loan is impaired. Remedies on Default. If I am in default on this loan or any agreement agree securing this loan, you may: 1. declare the entire unpaid balance of the loan, including ding ing accrued interest, late fees and other charges, immediately due in its entirety before the date of maturity; 2. foreclose upon, repossess or otherwise realize on an any property securing this loan; 3. require additional property as collateral to secure ecure the loan; 4. require additional persons to become obligated ligated igate to pay this loan; 5. file a claim for any insurance benefits or re ref refunds that may be available; or 6. exercise all remedies provided by applicableappli applic law, the Security Agreement or mortgage, if any, or any other document signed for the purpose of creating, securing or guarantying this loan. n.. Any delay by you in exercising any nyy rig righ right or remedy upon my default will not be a waiver of your right to later exercise such right or remedy with respect to mila default. milar the same event of default or a similar Attorney s Fees and Expenses. sess. I agree to pay your reasonable attorney s fees after my default and your referral of this Note for collection to an attorney who nse oyee is not your salaried employeeyee an aand expenses incurred in realizing on a security interest. Amendment and Record ord RRetention. Except as otherwise provided in this Note or the Security Agreement, any amendment to this Note or the Security Agreement shall bee in w writing and signed by you and me. I acknowledge and agree that you may from time to time retain information about me and documents that I sign including, but not limited to, this Note and Security Agreement and documents related to this loan (collectively, the Documents ) electronically (such as in optical, digital or other electronic storage and retrieval system) and destroy the original Documents. You and I agree and intend that any Document produced by you and me from the electronic media shall have the same legal force and effect as the original Documents for all purposes and in all circumstances including, but not limited to, collection, admissibility, authentication or any other legal purpose. Enforcement of Terms, Usury and Assignability. Any provision of this Note or the Security Agreement that is in conflict with applicable law will not be effective. If a provision cannot be enforced, that provision will be considered to be removed from the Note or the Security Agreement, but this will not affect the enforceability of the remaining provisions of this Note or the Security Agreement. The interest rate and other charges on this loan will not exceed the maximum rate or charges permitted by applicable law. I agree and acknowledge that this Note and related Security Agreement may be sold, assigned or otherwise transferred by the holder of this Note and the Security Agreement, and all rights and remedies of the holder inure to the benefit of its successors and assigns. Notice of Changes. I will give you notice promptly of any change in my address or legal name. Notices. Any notices given by me to you or you to me shall be in writing and shall be mailed by first class mail or delivered in person or by overnight delivery to the addresses set forth above unless the address for receipt of notices has been changed by a notice given in accordance with this section. Payment of Proceeds. If all or any portion of the proceeds of this loan are for the purpose of purchasing property or services from a third party, I agree that you can make any check for the proceeds of this loan payable jointly to me and such third party. IN-S (07/20) Page 2 of 5 NOTE (continued) Independent Obligation. I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, renew or extend this Note repeatedly and for any length of time or release any party or guarantor or collateral, or impair, fail to realize upon, or fail to perfect your security interest in the property securing this loan, and I will still be obligated to pay this loan. Waiver. I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. I acknowledge that your failure to enforce the strict performance of any of the terms and conditions contained herein that would be for my benefit shall not operate as a waiver of your right thereafter to require that my obligations and the terms and conditions contained herein be strictly performed. Financial Statements and Other Documents. I will provide to you, upon your request, any financial statements or information that you deem reasonable and necessary. I also agree to sign and deliver any additional documents that you consider necessary to preserve your rights under this Note or to perfect or preserve your interest in any property securing this loan. Governing Law. This Note and the related Security Agreement shall be governed by and construed according to the laws of the state of Indiana. Consent to Contact. I also expressly consent and agree that you and your affiliates, agents and service providers may use written, electronic or verbal means to contact me. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. I agree that you and your affiliates, agents and service providers may use any email address or any telephone number I provide, now or in the future, including a number for a cellular phone or other wireless device, regardless of whether I incur charges as a result. SECURITY AGREEMENT The undersigned Borrower(s) and any person who signs this Agreement for the purpose of granting a security interest in the Property, as def defined below, ( I, me and my ), grant to Heights Finance Corporation ( you and your ) a security interest in the Property to secure the Indebtedness, ess ss,, as a defined below. Property. Property means the property that is listed on page 1 as well as all accessions, attachments, accessories, replacements emen and additions to the ement Property (for example appliances and fixtures attached to a mobile home or tires attached to a car), whether they exist now or are re added add later, together with all ad proceeds (including, but not limited to, insurance proceeds), if any, and sums owed by a third party or their insurer for damage age ge or destruction to the Property. Indebtedness. The word Indebtedness means the amounts I owe you under the Note above and any renewals, extensions, ions, ons, rrefinancings or modifications of the Note, including principal, interest and all other amounts, costs and expenses for which I am responsible under the he Note No or this Agreement. If any other note or agreement I have with you provides that collateral securing that loan may also secure this loan, you agree that hat at suc su such a provision will not be enforced by you. Limitations. You are not granted a nonpurchase money security interest in household goods to the extent such ch a security s interest is prohibited by law. If you are required to give a notice of the right to cancel any Indebtedness or the security interest in the Property under unde the federal Truth-in-Lending Act or any other applicable law, you will not have a security interest in the Property until such notice is given and the time me fo for cancellation has expired. Representations and Duties. I represent, agree and warrant that: 1. I own all of the presently existing Property free and clear of any liens and will defend the Property erty aagainst any other claims. 2. I agree to keep the Property at the address listed above unless you agree that I can move it. If th the Property is a vehicle, I will keep it at the address above, except for routine travel. I will not move the vehicle to another residence or another state tee or ddo anything which would require another state s certificate of title without your express written consent. 3. I will not sell, lease, borrow against or transfer any or all interest in or otherwise see change ch cha my rights with respect to the Property without your express written consent until the Indebtedness is paid in full. 4. I will maintain the Property in good condition and repair, ordinary wear and tear tea ear ar accepted, ac and will immediately notify you if the Property is damaged, lost or stolen. I will not use the Property in a manner that will violate applicable blee law laws or subject the Property to seizure of forfeiture. 5. I will pay promptly when due all taxes and other charges relating to the Property. Prop Prope 6. I authorize you to inspect the Property regardless of its location at any nyy reas rea reasonable time and I will cooperate fully in any inspection. 7. I will do whatever you request in order for you to perfect and maintain inta ntain in your security interest. Insurance. In addition, until the Indebtedness is paid in full, I agree gree tto keep the Property insured in such amounts and against such risks as you reasonably require. I will name you as a loss payee on the insurance policy icy an aand will provide you with proof of the insurance. The insurance policy will contain such terms that are reasonably acceptable to you, including a requirement quirem that you be given prior written notice of any cancellation or reduction in coverage. If insurance proceeds are used to repair or replace the Property, operty perty you may require additional security for the loan. If the proceeds of the insurance are not sufficient to pay the Indebtedness, I will pay you any amounts amou I still owe you. If I fail to maintain insurance as required by you, I agree that you may, but are amoun not required to, purchase insurance to protect your intere inter interest in the Property. Such insurance may not protect my interests in the Property and may not pay a claim that I make or a claim that is made against st me me in connection with the Property. The cost of such insurance may be more than the cost of insurance I could obtain myself. Additional Remedies in the Event of Default. ult If I am in default under the Note or break any agreement I made to you in this Security Agreement, you may, ault in addition to any other rights you have under the Note or any other agreement relating to the loan: 1. Pay taxes or other amounts necessary sary tto protect the Property or purchase insurance, but you are not required to do so. Amounts paid by you will become part of the Indebtedness and will ill be secured under this Agreement. You may accrue interest on such amounts at the interest rate provided in the Note and collect such amounts through high payments during the term of the loan, a larger final payment on the date of maturity or additional payments. gh higher hig 2. Enforce your rights under err the Uniform Commercial Code and other applicable law. This includes the right, among others, to enter upon the premises at the address shown above ove ve and an a take the Property peaceably and sell it. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree eee th tha that you may take such goods, provided that you make reasonable efforts to return them to me after repossession. If you request, I roperty oper available to you at a place reasonably convenient to both you and me. If you sell the Property, to the extent permitted by law, you will make the Property ver th will first recover the expenses of repossession, repair, sale, attorneys fees and other collection expenses and apply the remaining net proceeds to the Indebtedness I agree that, to the extent permitted by law, I will owe you any deficiencies between the amount owed and the net proceeds you receive from the sale of the Property. Unless the value of the Property will decline rapidly in value or is sold on a recognized exchange market, you will give me, and other persons as required by law, reasonable notice of the time and place of any public or private sale. I agree the notice is reasonable if it is sent to me by first class mail at my last known address 10 days before the sale or disposition, except as otherwise required by applicable law. Financing Statements. I authorize you to file financing statements, including UCC filings and all other documents that are necessary to perfect, protect, and continue your security interest in the Property. I will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law. I irrevocably appoint you as my attorney-in-fact to execute financing statements and documents of title in my name and to execute all documents necessary to transfer title if there is a default. I also agree to pay the costs of releasing or terminating your security interest. [The remainder of this page intentionally left blank.] IN-S (07/20) Page 3 of 5 ARBITRATION AGREEMENT Read this Arbitration Agreement carefully as the Arbitration Agreement applies to the undersigned Borrower(s) ( I , me and my ) and Heights Finance Corporation ( you and your ). The Arbitration Agreement will have a substantial impact on the way you and I resolve any dispute which you or I have against each other now or in the future, if I do not reject it. You and I agree to this Arbitration Agreement. Instead of litigation in a court, if any Dispute (as defined below in the section captioned Types of Claims Covered ) arises between the parties, you and I will resolve the Dispute by binding arbitration if either party elects arbitration. IF YOU OR I ELECT TO ARBITRATE A DISPUTE, YOU AND I WILL NOT HAVE THE RIGHT TO PURSUE THAT DISPUTE IN COURT OR HAVE A JURY DECIDE THE DISPUTE. ALSO, YOUR AND MY ABILITY TO OBTAIN INFORMATION FROM THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU OR I WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. Types of Claims Covered. Dispute shall have the broadest meaning possible. It includes any claim, dispute, or controversy between me (which shall include any co-signers under this Note) and you that in any way arises from or relates to the loan, the Collateral, this Note, or the relationships resulting from any of the foregoing. This includes disputes arising from actions or omissions on or prior to the date of this Note. As solely used in this Arbitration Agreement, the terms you, and your, mean any of the following: (1) the Lender; (2) any subsequent holder of this Note; and (3) each of their parent companies; wholly or majority-owned subsidiaries; affiliates; commonly-owned companies; successors; assigns; and any of these entities employees, officers, directors, and agents. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods and services in connection with the origination, servicing, and collection of the loan, this Note, or the Collateral, if you name that third party and us as defendants in a single proceeding. Dispute includes initial claims, counterclaims, cross-claims,ms, and third-party claims. It includes disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common mmon law, and equity (including any claim for injunctive or declaratory relief). Dispute does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Agreement or any part thereof (including, without limitation, this sentence, the section captioned Class Action Waiver, or the last sentence nce ce of the section captioned Severability ); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity alidit or enforceability of the alidity Note as a whole is for the arbitrator, not a court, to decide. Choosing the Arbitration Organization. Any Dispute shall be decided before one of the following ( the arbitration organization n ): A American Arbitration Association (https://www.adr.org/) ( AAA ); JAMS (https://www.jamsadr.com/); or another arbitration organization selected by mutual agree agre agreement of the parties. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitration organization by mutual consent, the arbitration ion organization tion oor will be selected by a court. The party asserting the Dispute may select the arbitration organization. Notwithstanding any language in this Arbitrationn Agreement Agre to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration organization that has in place ace a formal or informal policy that purports to lace override the Class Action Waiver below. Any arbitration under this Arbitration Agreement shall be conducted under err the then current arbitration rules for the arbitration organization selected. Even if all parties have opted to litigate a claim in court, you or I may elect arbitration with rrespect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted d on aan individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under tthis Arbitration Agreement. Costs and Location of Arbitration. Each arbitration organization charges fees to administer an arbitrationratio proceeding. The arbitrator also charges fees. This includes ration fees not charged by a court. If either I or you require a Dispute to be arbitrated, I may tell you in writing writin that I cannot afford to pay the fees charged by the arbitration organization and/or the arbitrator or that I believe those fees are too high. If my re