1. DEFINITIONS

• a. In this Credit Agreement (the "Agreement"), the words "I", "me", "mine","my", mean the Borrower who signed this Agreement.
• b. "Application" means the application for a Loan submitted by me for this Loan (as applicable).
• c. "Business Days" are Monday through Friday, excluding (a) days when a bank in the State of New York is required or permitted to be closed, and (b) days when the New York Stock Exchange is closed.
• d. "Disbursement Amount" means any amounts disbursed by the Lender and received by the servicer of an Underlying Loan.
• e. "Disbursement Date" means the date on any Loan check or an date the Lender electronically transmits funds to a servicer of an Underlying Loan.
• f. "Disclosure Statement" means the Final Disclosure under the Federal Truth in Lending Act that will be provided after I sign this Agreement. The Final Disclosure is incorporated by reference into this Agreement. In the event of any conflict between the terms of the Final Disclosure and this Agreement, the Final Disclosure shall govern. I may cancel this Agreement prior to disbursement by following the instructions in the Final Disclosure, futher described in section 7 below.
• g. "Lender", "you" and "your" means the Lender listed above or any subsequent holder of this Agreement.
• h. "Loan" means any and all advances made by the "Lender" under the terms and conditions of this Agreement.
• i. "Principal" means (i) all Disbursement Amounts plus (ii) any accrued but unpaid interest under Section 4 below which is capitalized by adding it to the unpaid principal balance. For Florida residents only, Principal also includes any Florida documentary stamp tax paid on my behalf (as described in Section 26(d) below). Interest will not be capitalized on loans made to Michigan residents under the Michigan Regulatory Loan Act of 1963.
• j. "Qualified Higher Education Expenses" are the costs of attending an eligible educational institution, including graduate school, on at least a half-time basis as defined in the Internal Revenue Code of 1986 at 26 U.S.C. Sec. 221(d)(2). Please note that if you include one or more loans that are not qualified for the student loan interest tax deduction, the entire refinancing may be disqualified from the tax deduction. Generally, these consts include tuition and certain related expenses. See IRS Publication 970 for more information.
• k. "Repayment Period" means the time period beginning on the Disbursement Date, and ending when the Loan is paid in full. Under the terms of this agreement, the length of my Repayment Period is set forth in my Disclosure Statement and will not exceed twenty (20) years, excluding periods of deferment or forbearance, unless you and I agree otherwise in writing.
• l. "Underlying Loan" means an educational loan owed by me to be refinanced into this Loan. I must be the primary borrower or cosigner on an Underlying Loan to be refinanced. Underlying Loans are identified by the information provided on the Application or information I provide to you during the application process and prior to disbursement of the Loan proceeds. The Lender, through its servicer, may verify the existence, eligibility, and balance of all Underlying Loans prior to disbursement of the loan proceeds to the then current servicers of the Underlying Loans.

2. LOAN PURPOSE

By signing this Agreement, I certify to Lender that all of the proceeds of each of my Underlying Loans were used solely to pay for Qualified Higher Education Expenses incurred by me, my then spouse, or my then dependent, and that each of my Underlying Loans meets all other requirements necessary for it to be treated as a qualified education loan as defined in the Internal Revenue Code of 1986 at 26 U.S.C. Sec. 221(d)(1). (Do not sign the Agreement for an Underlying Loan that is a mixed use loan because such a loan is not used solely for Qualified Higher Education Expenses.) If I do not sign the Agreement, the Lender may not issue or file Form 1098- E for student loan interest on my behalf. I agree to return to the Lender any proceeds not attributable to Qualified Higher Education Expenses.

3. PROMISE TO PAY

I promise to pay to the order of the Lender the Principal, accrued interest as provided in the Disclosure Statement and further described in Section 4 below (see also Section 10), and all other charges, fees and costs that become due as required in this Agreement. In the event of default, I also promise to pay reasonable attorney's fees, and reasonable collection agency commissions, fees and costs, court and other collection costs, to the extent permitted by law. I understand that I will be liable to pay all of these amounts, in full, even if another person also signs this Agreement.

4. INTEREST

• a. Accrual. Beginning on the first Disbursement Date, interest will be calculated at the applicable fixed or variable rate set forth in Paragraphs (d) and (e) below (the "Applicable Rate") and charged on the Principal, and on any unpaid interest later added to the Principal as set forth herein. Interest will be calculated at the Applicable Rate and charged on the Principal until all amounts are paid in full. Interest accrues daily on the unpaid Principal from the Disbursement Date until the date the Loan is repaid in full. The Applicable Rate will be used to calculate interest during the entire term of this Agreement, and following the maturity of, or any default under, this Agreement; there is no initially discounted, premium or other rate that will be used to calculate interest under this Agreement.
• b. Deferment or Forbearance. The Lender, at its sole discretion, may allow a deferment or forbearance of payments on the loan. Such deferment or forbearance, if permitted by the Lender, must be requested in writing or other method and with such documentation as required by the Lender.
• c. Capitalization of Interest. In the event Lender grants a deferment or forbearance, any unpaid accrued interest shall be capitalized (as permitted by law) at the end of the deferment or forbearance period by adding the unpaid accrued interest to the outstanding Principal. Capitalized interest shall be subject to the same interest accrual as the outstanding Principal. This Paragraph (c) shall not apply to a Loan made to a Michigan resident under the Michigan Regulatory Loan Act of 1963.
• d. Fixed Rate. If I selected a Fixed Rate, the interest rate under this Agreement shall be a fixed interest rate as set forth on the Disclosure Statement.
• e. Variable Rate. If I selected a Variable Rate, the following shall govern:
  • i. Change Dates: The interest rate I will pay will change on the 1st of each month in accordance with Paragraph (e)(iii) below. The date on which my interest rate changes is called a "Change Date."
  • ii. The Index: Beginning with the Disbursement Date and following each Change Date, my variable interest rate will be based on an Index that is calculated and provided to the general public by an administrator (the "Administrator"). The "Index" is a benchmark, known as the 30-day Average Secured Overnight Financing Rate (SOFR) published by the Federal Reserve Bank of New York (or a successor administrator of SOFR). The most recent Index value available as of the 25th of the month (or the next Business Day) immediately before each Change Date is called the "Current Index." If the Current Index is less than zero, then the Current Index will be deemed to be zero for purposes of calculating my interest rate. If the Index is no longer available, it will be replaced in accordance with Paragraph (e)(vi) below.
  • iii. Calculation of Changes: Before each Change Date, the Lender will calculate my new interest rate by adding a margin (the "Margin") to the Current Index. The initial variable interest rate and the Margin will be set forth in the Disclosure Statement. The Margin may change if the Index is replaced by the Lender in accordance with Paragraph (e)(vi)(B) below. The Lender will round the result of the Margin plus the Current Index to the nearest one-hundredth of one percentage point (0.01%). Subject to the limits stated in Paragraph (e)(iv) below, this rounded amount will be my new interest rate until the next Change Date. In the next billing cycle following the Change Date, the Lender will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I owe at that time in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
  • iv. Limits on Interest Rate Changes: My variable interest rate will never be greater than the maximum interest rate set forth in the Disclosure Statement. The variable interest rate will not increase more than one a month, but there is no limit on the amount that the variable interest rate could increase at one time (subject to the applicable maximum rate).
  • v. Effective Date of Changes: My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the monthly due date the Lender notifies me it is due, which may be the next monthly due date after the Change Date or up to one billing cycle later, until the amount of my monthly payment changes again.
  • vi. Replacement Index and Replacement Margin: The Index will be deemed to be no longer available and will be replaced if any of the following events (each, a "Replacement Event") occur: (i) the Administrator has permanently or indefinitely stopped providing the Index to the general public; or (ii) the Administrator or its regulator issues an official public statement that the Index is no longer reliable or representative. If a Replacement Event occurs, the Lender will select a new index (the "Replacement Index") and may, if needed under subparagraph (B) below, also select a new margin (the "Replacement Margin"), as follows:
    • A. If a Replacement Index has been selected or recommended for use in consumer products, including private student or educational loans, by the Board of Governors of the Federal Reserve System, the Federal Reserve Bank of New York, or a committee endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York at the time of a Replacement Event, the Lender will select that index as the Replacement Index.
    • B. If a Replacement Index has not been selected or recommended for use in consumer products under Paragraph (e)(vi)(A) at the time of a Replacement Event, the Lender will make a reasonable, good faith effort to select a Replacement Index and a Replacement Margin that, when added together, the Lender reasonably expects will minimize any change in the cost of the loan, taking into account the historical performance of the Index and the Replacement Index.
      The Replacement Index and Replacement Margin, if any, will be operative immediately upon a Replacement Event and will be used to determine my interest rate and monthly payments on Change Dates that are more than 60 after a Replacement Event, except that Lender may use the Replacement Index and Replacement Margin on any Change Date after the Current Index was not available due to the Replacement Event. The Index and Margin may be replaced again during the term of this Agreement, but only if another Replacement Event occurs. After a Replacement Event, all references to the "Index" and "Margin" shall be deemed to be references to the "Replacement Index" and "Replacement Margin." The Lender will also give me notice of my Replacement Index and Replacement Margin, if any, and such other information required by applicable law and regulation.
• f. Interest After Default: If I default (see Section 11), and/or if Lender obtains a judgment against me on this Agreement, interest will continue to accrue on all amounts I owe under this Agreement at the applicable fixed or variable rate set forth in Paragraphs (d) and (e) above.
• g. Maximum Rate of Interest Allowed By Law: In no event shall the amount of interest under this Agreement exceed the maximum rate of interest allowed by applicable law. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. You may choose to make this refund by reducing the Principal I owe under this Agreement or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial prepayment (in accordance with Section 10(d)).
• h. If I am a covered borrower under the Military Lending Act, the following applies to me: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Please call 1-844-388-6340 to hear these important disclosures along with a description of the payment obligation for the refinance loan.

5. APPROVAL OF AGREEMENT

• a. When you approved my request for a Loan, you provided me with an Approval Disclosure under the Federal Truth in Lending Act. Among other things, the Approval Disclosure states the total amount of my Loan and my initial interest rate. Following my receipt of the Approval Disclosure I understand that I have thirty (30) calendar days to accept the Loan. To accept the terms of the Loan offer I must contact Lender by the date and by the method set forth on the Approval Disclosure. If I do not accept the Loan offer by the date and by the method set forth on the Approval Disclosure, my Application will be canceled and Lender will not make the Loan to me. I understand that when you accept my signed Agreement, you are not agreeing to lend me money and I am not bound by the terms and conditions set forth in this Agreement, and there is no such agreement until the Disbursement Date and you have funded the Loan. If you decide to make a Loan to me, I hereby authorize you at your option and on my behalf to transfer the Loan funds either electronically or via check to the servicers of each Underlying Loan to be refinanced. You have the right not to make the Loan or not make a disbursement on the Loan, as permitted by applicable law, if (among other reasons): (i) you determine that I am ineligible for the Loan or a disbursement on the Loan, (ii) you reasonably believe that I have made false, misleading, or materially incomplete statements in connection with this Agreement or the Application for this Loan, (iii) or you reasonably believe that my signature is not authentic. Further, you have the right to lend an amount different from the amount requested in my Application based upon information received from the servicer reflecting that the amount required to pay off the Underlying Loan is higher or lower than stated in my Application. I agree to accept an amount more or less than the amount I requested on the Application and to repay the entire Loan amount that you actually lend to me based upon information from the servicer reflecting that the amount required to pay off the Underlying Loan is higher or lower than stated in my Application.
• b. I expressly acknowledge that you are disbursing proceeds to the servicers of the Underlying Loans in reliance upon information on the Underlying Loans contained in a consumer credit report, information that I have provided on my Application and via subsequent documentation. I expressly acknowledge that you may estimate the payoff amount for any Underlying Loan based on information available to you. I also expressly acknowledge that any outstanding balances that exist on an Underlying Loan after you disburse proceeds to the servicer of that loan will continue to be my sole responsibility and that you make no representation as to the full satisfaction of any Underlying Loan being refinanced. Therefore, any fees, penalties or other charges that I may incur after the disbursement of proceeds to the servicer of any Underlying Loan are my sole responsibility.

6. NOTICE ABOUT LOSS OF BENEFITS OF FEDERAL LOANS AND CERTAIN PRIVATE LOANS INCLUDED IN THIS PRIVATE STUDENT LOAN REFINANCE

• a. Loss of Grace Period on My Federal and/or Private Student Loan upon Refinancing: If any of the Underlying Loans that I have selected for refinancing are in a grace period, I understand I will lose that grace period. My NaviRefi loan will be processed regardless of such grace period and will enter repayment immediately upon disbursement. This Earnest Operations LLC Refinance Education Loan does not have a grace period. Monthly payments of principal and interest begin the month after the loan proceeds are disbursed unless we grant you a deferment and align your repayment begin date to the expiration of the grace period on the federal student loans that you are refinancing with us. You understand that interest will continue to accrue during this deferment period and that accrued interest may be capitalized at the end of this deferment period. Interest will not be capitalized on loans made to Michigan residents under the Regulatory Loan Act of 1963.
• b. Loss of Deferment Entitlements and Forbearance Options on My Federal and/or Private Student Loan upon Refinancing: If any of the Underlying Loans that I have selected for refinancing is a federal student loan made under the William D. Ford Federal Direct Loan Program ("Direct"), the Federal Family Education Loan Program ("FFELP"), the Federal Perkins Loan Program ("Perkins"), or Health Education Assistance Loan Program ("HEAL"), I understand that I will lose all of my federal deferment entitlements and forbearance options accorded to me under these programs, including but not limited to Economic Hardship Deferment, Unemployment Deferment, Mandatory Forbearance, and General or Temporary Hardship Forbearance. If any of the private loans I have selected for refinancing is a private loan made by a state or state-sponsored agency, I understand that I will lose all statemandated deferment entitlements and forbearance options accorded to me under such programs. However, I understand that you may permit deferment and forbearance at your sole discretion as described above in Section 4(b). If any of the Underlying Loans I have selected for refinancing is currently in a period of deferment or forbearance, the deferment or forbearance will be lost. My NaviRefi loan will be processed regardless of such deferment or forbearance and will enter repayment immediately upon disbursement.
• c. Loss of Loan Forgiveness Options: If any of the Underlying Loans that I have selected for refinancing is a federal student loan made under the Direct, FFELP, Perkins, or HEAL programs, I understand that I will lose all eligibility for any federal loan forgiveness programs including but not limited to loan forgiveness programs directed to borrowers pursuing careers in Public Service, Teaching, and/or the Armed Forces, and other forgiveness or cancellation programs that may be offered for federal loans. If any of the private loans I have selected for refinancing is a private loan made by a state or state-sponsored agency, I understand that I will lose all statemandated loan forgiveness options and loan cancellation provisions that are similar but not limited to those mentioned herein.
• d. Loss of Income-Driven Repayment, Graduated Repayment, Extended Repayment, and Other Repayment Plans on My Federal and/or Private Student Loan upon Refinancing: If any of the Underlying Loans that I have selected for refinancing is a federal loan made under the Direct, FFELP, Perkins, or HEAL programs, I understand that I will lose all federal Income-Based Repayment ("IBR"), Income-Contingent Repayment ("ICR"), Pay As You Earn ("PAYE"), and Revised Pay As You Earn ("REPAYE") plans, collectively referred to as Income-Driven Repayment ("IDR") plans; and I will lose all Income-Sensitive Repayment, Graduated Repayment, and Extended Repayment plans accorded to me under these programs. If any of the private loans I have selected for refinancing is a private loan made by a state or state- sponsored agency, I understand that I will lose all state-mandated repayment plans accorded to me under such programs.
• e. Loss of Eligibility for a Federal Direct Consolidation Loan: If any of the Underlying Loans that I have selected for refinancing is a federal loan made under the Direct, FFELP, Perkins, or HEAL programs, I understand that paying these loans off by refinancing them under this private student loan refinance program removes them from future consideration under the Federal Direct Consolidation Loan Program as authorized by the Higher Education Act (HEA) for the purposes of simplifying and extending repayment for such types of federal loans.
• f. Loss of Interest Subsidy on Certain Federal and/or Private Loans: If any of the Underlying Loans that I have selected for refinancing is a loan made under the Direct or FFELP programs, I understand that I will lose all of the federal interest subsidy attached to the subsidized portions of such loans during periods of in-school, grace, deferment, or IDR plan. If any of the private loans I have selected for refinancing is a private loan made by a state or state-sponsored agency, I understand that I will lose all state-mandated interest subsidy accorded during periods of in-school, grace or deferments that are similar but not limited to those described herein. For information about federal loan benefits see: https://studentaid.gov/understand-aid/types/loans/federal-vs-private

7. CANCELLATION OF AGREEMENT

• a. If I do accept the Loan offer, Lender will provide me with a Final Disclosure under the Federal Truth in Lending Act. The Final Disclosure will be sent to me before any advances on the Loan are disbursed to the servicers of my Underlying Loans. If I am not satisfied with the terms and conditions of my Loan as approved by the Lender, I may cancel this Agreement and all Loan disbursements by the deadline for cancellation set forth in my Final Disclosure. This Agreement will become legally binding on me only upon disbursement of loan proceeds following expiration of the cancellation period identified in the Final Disclosure. To cancel this Agreement, I must give you notice of cancellation using the methods set forth in the Final Disclosure, together with any verification of identity and/or authorization that you may require, by no later than the deadline for cancellation set forth in my Final Disclosure. If I cancel this Agreement and the Loan during the cancellation period identified in the Final Disclosure, no funds will be disbursed to the servicers of the Underlying Loans and the Loan will be cancelled. However, cancellation of this Agreement will not affect the continuing validity of Section 28 (Arbitration Agreement) below. I acknowledge that the Lender may cancel my Loan at any time in accordance with applicable law.
• b. I understand that the Lender can cancel this Agreement and all disbursements without telling me in advance if any disclosure under the Federal Truth in Lending Act is returned as undeliverable, the Lender reasonably concludes that I no longer need the loan, or as permissible under applicable law.

8. DISBURSEMENTS

I authorize you, at your option, to disburse Loan funds in whole or in part either by transmitting loan proceeds via check or electronically to the servicers of the Underlying Loans. If a charge is imposed on Lender for the transfer of the funds to the servicer of any Underlying Loan for my benefit, I agree to pay that charge when asked by Lender except where prohibited by law. If the servicer of any Underlying Loan returns all or part of the Lender's disbursement for whatever reason, Lender will apply any amount it receives to what I owe under this Agreement, and if I have paid Lender in full, Lender will then refund any excess to me.

9. STOPPING DISBURSEMENTS

I may ask you to stop making disbursements. To stop a disbursement, and any further disbursements, you must receive my request via telephone together with any verification of identity and/or authorization that you may require, by no later than the deadline for cancellation set forth in my Final Disclosure. You may stop a disbursement, and any further disbursements, if any Loan check is not endorsed, deposited and cleared within ninety (90) days or if I am currently past due or in default (see Section 11) on this or on any other loan I have with the Lender. I will be liable to repay all disbursements made under this Agreement, even if you or I stop subsequent disbursements.

10. REPAYMENT

• a. Repayment Period Payment Schedule: My first payment will be 25-60 days after the Disbursement Date. I will make consecutive monthly payments of Principal and accrued interest, as provided in this Agreement and the Disclosure Statement, during the Repayment Period until all amounts I owe in connection with this Loan are paid in full. Monthly payment amounts may be adjusted as necessary to ensure timely repayment of the Loan within the Repayment Period, including without limitation when the Variable Rate changes as set forth above and after interest has been capitalized. The new payment amount will be calculated to equal the amount necessary to repay my Loan in full over the number of months remaining in the Repayment Period. In the event that my monthly payment amount changes, the servicer will disclose to me my new monthly payment amount. Interest will not be capitalized on loans made to Michigan residents under the Michigan Regulatory Loan Act of 1963.
• b. Monthly Statements: During the Repayment Period, I may receive monthly statements for the repayment of my Loan. Failure to receive a monthly statement does not relieve me from my obligation to make all payments as required by the terms of this Agreement (and as adjusted from time to time as described above).
• c. Application of Payments: Payments will be applied first to fees and charges (when applicable), then to accrued interest, and last to Principal. I understand that all fees and accrued interest must be paid before the outstanding Principal can be reduced.
• d. Prepayment: I may, at my option, prepay all or any part of my Loan at any time without penalty. I understand that I can only make a prepayment if I have made all of the payments that have come due as of that point in time. Because of the way interest is calculated, I will not receive any interest refund or rebate if I prepay in full. Because fees, if applicable, are earned when assessed, I will not receive a rebate of any portion of the fees on my account if I prepay my Loan. If I prepay any part of my Loan, the amount I pay will be applied first to fees and charges (when applicable), then to accrued interest and last to Principal (in accordance with Section 10(c), above).
• e. Late Payments, Partial Payments, and "Payment in Full": To the extent permitted by applicable law, Lender may accept late payments, partial payments or payments marked "Payment in Full" or having similar language, without waiving any of its rights under this Agreement or under applicable law, notwithstanding any act, omission or thing which might operate as a legal or equitable discharge.
• f. Amount Owing at the End of the Repayment Period: Because interest accrues daily upon the unpaid Principal (including capitalized interest), I may owe additional interest and late charges at the end of the Repayment Period if I made payments after my payment due dates. In such cases, my last monthly payment shall be the amount necessary to repay my Loan in full, including the outstanding Principal, all accrued and unpaid interest, and all other charges, fees and costs that are due under the terms of this Agreement. Alternatively, if I have additional amounts owing at the end of the Repayment Period, you may, but are not required to, lengthen the Repayment Period. Interest will not be capitalized on loans made to Michigan residents under the Michigan Regulatory Loan Act of 1963.
• g. Waiver if Borrower Dies or Becomes Totally and Permanently Disabled: If the Borrower identified on the application for this loan dies or or becomes totally and permanently disabled after the date of any disbursement of funds, you agree to waive the remaining balance of this loan, including all Principal, fees and other charges, whether current or past due (the "Total Owed"), subject to your approval based on any application for benefits and documentation that you may require. Total and permanent disability means the inability to work in any occupation due to a condition that began or deteriorated after the Disbursement Date and the disability is expected to be permanent. An application for the disability waiver must be made to you and accompanied by a physician's statement and such other information or documentation that you may require. Payments must be made up until the time the disability application is completed to your satisfaction. If approved, the waiver will be effective as of the date of the completed application. The disability review process may take up to 12 months from when you receive a completed disability application and the final determination will be made by you in your sole and complete discretion. You may, in your sole discretion, permit a forbearance while an application for disability waiver is under review. I understand that interest will continue to accrue during such forbearance while you review my application for a disability waiver, and, if my application for a disability waiver is denied, you will end the forbearance and capitalize all unpaid accrued interest in accordance with Section 4(c) above (when applicable) and I will have to resume making my payments as described herein. Interest will not be capitalized on loans made to Michigan residents under the Michigan Regulatory Loan Act of 1963.

11. DEFAULT

To the extent permitted by applicable law, my Loan will be in default if any of the following occurs:

• a. I fail to make any monthly payment at the date and time required by this Agreement;
• b. I break any promise made in this Agreement;
• c. Lender discovers any false or misleading statement, including forgery, in any information I have given Lender in connection with this Agreement or the Application for this Loan;
• d. I fail to use the proceeds of this Loan to refinance Underlying Loans that were originally made to me solely for Qualified Higher Education Expenses; or
• e. I file for bankruptcy protection, make an assignment for the benefit of creditors, or have involuntary bankruptcy proceedings instituted by or against me.

12. LENDER'S REMEDIES AFTER DEFAULT

• a. If a default occurs, then after any applicable notice and right to cure default that is required by applicable law (see Section 14), Lender may declare the entire balance of Principal, interest and other charges owed under this Loan immediately due and payable, in full, without further notice to me. Lender may then take action to collect the entire Loan balance, including (without limitation):
• i. Bringing a lawsuit against me and obtaining a judgment against me and/or
• ii. Referring my Loan to a third party (such as a collection agency) for further collection efforts.
• b. To the extent permitted by applicable law, I agree to pay any reasonable collection agency commissions, fees, and charges, reasonable attorneys' fees and actual court costs (including fees and costs in bankruptcy court and in appellate courts), and any other costs of collection incurred by Lender as the result of a default. If I default, then after any applicable waiting periods or notices required by applicable law, and as permitted by applicable law, Lender may also disclose information about my default to one or more national consumer reporting agencies, which may adversely affect my ability to obtain other credit. To maintain a good credit rating, it is to my advantage to meet my obligations under this Agreement.
• c. In accordance with Section 18 below, the failure of the Lender to exercise any of its rights under this Section 12 does not constitute a waiver of any of its rights in future instances of default.

13. NOTICES

• a. I must immediately notify you in writing after I make a change in my mailing address (including my electronic mail address, if I have agreed to receive notices and other communications electronically from you) and/or my name;
• b. Any notice I send you will be sent to the address you have most recently provided me for that purpose. If you have not provided any address to me, notices may be sent to the address shown on my monthly statements.
• c. Except as otherwise provided by applicable law, any notice you are required to give me will be effective when mailed by first class mail to the latest address you have for me. Alternatively, if I have agreed to receive notices and other communications electronically, such notice will be effective when transmitted electronically to the latest electronic mail address you have for me or placed on a secure website with electronic mail notification that a secure document is available. To the extent permitted by applicable law, any notice you send to any one of us will be considered sent to all of us.
• d. CALIFORNIA RESIDENTS ONLY: EARNEST OPERATIONS LLC is licensed under the California Financing Law, License Number 6054788. 535 Mission St., Suite 1663, San Francisco, CA 94105.

14. GOVERNING LAW

This Agreement, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to this Agreement, is governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of the state of my residence at the time I sign this Agreement as shown on my Disclosure Statement ("State of Residence") even if I move from that state (without regard to internal principles of conflict of laws), except that Section 28 (Arbitration Agreement) provision is governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and reserved under this Agreement will be governed by such laws. Where the terms of this Agreement vary by state, I agree that the terms for my State of Residence apply even if I move from that state.

15. UNSECURED AGREEMENT

Lender waives any right it may have under any other document to claim a security interest in property to secure this Agreement. This Agreement is unsecured.

16. INVALID PROVISIONS

If any provision of this Agreement is held invalid or unenforceable in arbitration under Section 28 (Arbitration Agreement) or by a court having jurisdiction, including being held invalid or unenforceable with respect to a covered borrower under the Military Lending Act, 10 U.S.C. § 987, the remaining provisions of this Agreement shall not be affected, and this Agreement shall be construed as if such invalid or unenforceable provisions had not been included in this Agreement. However, Section 28 shall be null and void if the "Class action waiver" in Section 28(c) is held to be invalid or unenforceable, as described more fully in Section 28 below.

17. WAIVERS

NOTICE: IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, THE FOLLOWING WAIVERS DO NOT APPLY TO YOU.

• a. Unless prohibited by applicable law, I waive my rights to require you to demand payment of amounts due (known as "presentment"), to give notice that amounts due have not been paid (known as "notice of dishonor"), to obtain an official certification of non-payment (known as "protest"), and, to the extent permitted by applicable law, to give any other notices or demands in connection with this Agreement.
• b. JURY TRIAL WAIVER: YOU AND I ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AGREEMENT SET FORTH BELOW, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

18. DELAY BY LENDER NOT A WAIVER

You may delay, fail to exercise, or waive any of your rights on any occasion without losing your entitlement to exercise any and all of your rights on any future occasion.

19. EXTENSION, RENEWAL OR RELEASE

You may extend or renew this Agreement at your discretion and you may release any one of us without affecting or releasing any of the rest of us.

20. ASSIGNMENT

I may not assign this Agreement or any of its benefits or obligations. You have the right to assign your rights and duties under this Agreement without my consent and without notice to me.

21. SERVICE PROVIDERS

I understand and agree that Lender may employ, designate or appoint others to act on behalf of Lender as Lender's agent to perform day to day servicing of the Loan and this Agreement and that any agent of Lender may enforce any of Lender's rights under this Agreement, collect payments on behalf of Lender, communicate with me about the Loan, and take any actions that Lender could take under this Agreement on behalf of Lender.

22. CHANGES TO AGREEMENT

Except as otherwise indicated in this Agreement, no term or provision of this Agreement may be changed unless agreed to in writing by both Lender and me.

23. SIGNATURES

• a. I agree that if I sign this Agreement and transmit such signed Agreement to you via facsimile, electronically transmitted portable document format, or via electronic signature and submission, such transmission shall be treated in all manner and respects as an original signature (or counterpart thereof) and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.
• b. I agree not to raise the use of a facsimile machine, electronic transmission in portable document format, or electronic signature and submission to deliver a signature or the fact that any signature was transmitted or communicated through the use of facsimile machine, electronic transmission in portable document format, or electronic signature and submission as a defense to enforceability of this Agreement, and, if I am not a covered borrower under the Military Lending Act, I forever waive any such defense.

24. PRIVACY MATTERS

• a. Communicating with Me. To the extent permitted by applicable law, and without limiting any other rights you may have, I expressly consent and authorize Lender, and its affiliates or agents, and any subsequent holder or servicer of my Loan, and their affiliates or agents, to communicate with me, in connection with the application or my Loan, and in connection with all other current or future loans, using any phone number or email address that I provided in the application, or using any phone number or email address that I provide in the future. Lender, and its affiliates or agents, and any subsequent holder or servicer of my Loan, and their affiliates or agents, to the extent permitted by governing law, may communicate with me, using any current or future means of communication, including, but not limited to, automated telephone dialing equipment, artificial or pre-recorded voice messages, SMS text messages, email directed to me at a mobile telephone service, or email otherwise directed to me. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, I AUTHORIZE THE USE OF SUCH MEANS OF COMMUNICATION EVEN IF I WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, OR EMAILS.
• b. Updating Information. I agree to give you updated financial, employment status, contact, mailing and other information (expressly including, without limitation, my mobile telephone number) about me any time for purposes of determining eligibility for this Loan, as well as for purposes of learning my contact address and telephone number as required under this Agreement or any time you reasonably request.
• c. Receipt of and Reporting Credit Information. I authorize you to investigate my creditworthiness and to receive credit information about me (and my spouse if I live in a community property state) from others, including other lenders, credit reporting agencies, and educational loan information clearinghouses. You may also furnish information about my Loan, including but not limited to, late payments, missed payments or other defaults on my account, to consumer reporting agencies (also known as credit bureaus) and other persons who may legally receive such information. A negative credit report reflecting on my credit record may be submitted to a consumer reporting agency if I fail to fulfill the terms of my Loan obligations. I may request the names and addresses of the credit bureaus that furnished the reports.
• d. Release of Loan Information. I authorize you to release information and make inquiries to the individuals listed as references on the Application and my parent(s), guardian, spouse, sibling or child.
• e. Communications Regarding the Loan Certification and Disbursement Process. To the extent permitted by applicable law, I authorize any lender or holder of any of my outstanding educational loans to release any information on any of my outstanding educational loans to you as necessary to obtain information on Underlying Loans and to process and disburse this Loan. In order to confirm the successful processing of payments of my Underlying Loans, I hereby give you consent to contact the servicer of such Underlying Loans to validate my information including, but not limited to, payoff processing information, payoff posting, account number or payoff address. This contact may include, among other things, speaking to a representative or utilizing the interactive voice response (IVR) unit.
• f. Social Security Number. You may verify my Social Security number with the Social Security Administration (SSA). If the number on my Loan records is incorrect or missing, then I authorize the SSA to disclose my correct Social Security number to you.
• g. Department of Education Information. I authorize the Department of Education to send any information about me that is under its control, including information from the Free Application for Federal Student Aid, to you.

25. STATE AND LOCAL TAXES AND FEES (IF APPLICABLE)

I understand that I am responsible for payment of any and all taxes and/or fees imposed by any state or local government authority arising as a result of the indebtedness evidenced by this Agreement.

26. STATE LAW NOTICES

I understand that the following notices are or may be required by state law and that these notices may not describe all of the rights that I have under state and federal law. Unless otherwise indicated, each notice applies or may apply to borrowers who live in the indicated state on the dates that they signed their Applications and to borrowers who are residents of that state. IF I CONSULTED THE SCHOOL'S FINANCIAL AID OFFICE IN CONNECTION WITH OBTAINING A LOAN TO FINANCE HIGHER EDUCATION EXPENSES, THE SCHOOL INFORMED ME OF ALL AVAILABLE FINANCING OPTIONS UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED.

• a. INDIANA RESIDENTS: The provisions of this Agreement regarding the payment of collection agency costs and court costs and where lawsuits must be filed do not apply to Indiana residents.
• b. KANSAS RESIDENTS: This loan is being originated under the Kansas Uniform Consumer Credit Code, pursuant to Kan. Stat. Ann. § 16a-1-109
• c. MAINE RESIDENTS: The provisions of this Agreement regarding the payment of collection agency costs and court costs and where lawsuits must be filed do not apply to Maine residents.
• d. MARYLAND RESIDENTS: This loan is made pursuant to Title 12, Subtitle 10 of the Maryland Commercial Law Article.
• e. MISSOURI RESIDENTS: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT ME AND YOU (THE LENDER) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.
• f. NEW HAMPSHIRE RESIDENTS: Pursuant to NH ST § 399-A:15;(XIV), you or your attorney may file a complaint with the New Hampshire Banking Department Commissioner.
• g. NEW JERSEY RESIDENTS: The section headings of this Agreement are a table of contents and not contract terms. Portions of this Agreement with references to actions taken to the extent of applicable law apply to acts or practices that New Jersey law permits or requires. In this Agreement, acts or practices (i) by you which are or may be permitted by "applicable law" are permitted by New Jersey law, and (ii) that may or will be taken by you unless prohibited by "applicable law" are permitted by New Jersey law.
• h. NEW MEXICO RESIDENTS: The simple interest method shall be used for loans made under the New Mexico Small Loan Act of 1955. Interest charges shall not be paid, deducted or received in advance. Interest charges shall not be compounded. However, if part or all of the consideration for a loan contract is the unpaid principal balance of a prior loan, then the principal amount payable under the loan contract may include any unpaid charges that have accrued within sixty days on the prior loan. Such charges shall be computed on the basis of the number of days actually elapsed.
• i. NORTH DAKOTA RESIDENTS: NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 1200 MEMORIAL HIGHWAY, BISMARCK, ND 58504. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
• j. SOUTH DAKOTA RESIDENTS: Any improprieties in making the loan or in loan practices may be referred to South Dakota Division of Banking: South Dakota Division of Banking, 1714 Lincoln Ave, Suite 2, Pierre, SD 57501, Phone: 605.773.3421.
• k. TEXAS RESIDENTS: If I am in default, you may require me to repay the entire unpaid principal balance, and any accrued interest at once. You don't have to give me notice that you are demanding or intend to demand immediate payment of all that I owe.
• l. UTAH RESIDENTS: This Agreement is the final expression of the agreement between me and you and it may not be contradicted by evidence of an alleged oral agreement.
• m. WISCONSIN RESIDENTS: For married Wisconsin residents, your signature on this Agreement confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement (premarital agreement), unilateral statement under Section 766.59 or court decree under Section 766.70 adversely affects the interest of the Lender unless the Lender, prior to the time that the loan is approved, is furnished with a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the Lender is incurred. If the loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you.

27. FEDERAL LAW NOTICES

• a. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government report the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for me: When I apply for a student loan, you will ask for my name, address, date of birth and other information that will allow you to identify me. You may also ask to see my driver's license or other identifying documents.
• b. REPORTING INFORMATION TO A CREDIT BUREAU:
  NOTICE: The Lender may report information about the account to credit bureaus. Late payments, missed payments, or other defaults on the account may be reflected in the Borrower's credit report.
• c. NOT DISCHARGEABLE: THIS LOAN MAY NOT BE DISCHARGEABLE IN BANKRUPTCY.

28. ARBITRATION AGREEMENT - PLEASE READ CAREFULLY

NOTICE: IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, THE FOLLOWING ARBITRATION PROVISION DOES NOT APPLY TO YOU.

• a. To the extent permitted under federal law, you and I agree that either party may elect to arbitrate - and require the other party to arbitrate - any Claim under the following terms and conditions. This Arbitration Agreement is part of the Agreement.
• b. RIGHT TO REJECT: I may reject this Arbitration Agreement by mailing a signed rejection notice to P.O. Box 9480 Wilkes-Barre, PA 18773-9480 within 60 days after the date of my first disbursement. Any Rejection Notice must include my name, address, telephone number and loan or account number.
• c. IMPORTANT WAIVERS: If you or I elect to arbitrate a Claim, you and I both waive the right to: (1) have a court or jury decide the Claim; (2) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, WHETHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE; (3) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (4) JOIN OR CONSOLIDATE CLAIM(S) WITH CLAIMS INVOLVING ANY OTHER PERSON IN COURT OR IN ARBITRATION. The arbitrator shall have no authority to conduct any arbitration inconsistent with the Class Action and Multi-Party Waivers.
• d. DEFINITIONS: In this Arbitration Agreement, the following definitions will apply:
• i. "I," "me" and "my" means the Borrower on this Agrement; the Student on whose behalf the proceeds of the Agreement have been advanced and the Borrower's heirs, executors and assigns.
• ii. "You," "your" and "yours" mean the Lender; any other subsequent holder of this Agreement; any servicer or collection agency acting on behalf of the Lender or subsequent holder; all of their parents, wholly or majority owned subsidiaries and affiliates, any predecessors, successors and assigns of these entities; and all officers, directors, employees, agents and representatives thereof. These terms also include any party named as a codefendant with you in a Claim asserted by me, such as securitizations, trusts, trustees, beneficial owners, investors or potential investors, credit bureaus, credit insurance companies, closing agents, escrow agents, insurance agents, loan originators, rating agencies, loan servicers, debt collectors, loan guarantors, performance bond trustees, tuition recovery funds, the school, and any of the school's financial aid offices or officers.
• iii. "Claimant" means the party who first asserts a Claim in a lawsuit or arbitration proceeding.
• iv. "Administrator"b means, as applicable, the American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, www.adr.org (800) 778-7879 or any other party that you and I agree to in writing, provided that the Administrator must not have in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Agreement.
• v. "Claim" means any legal claim, dispute or controversy between you and me that arises from or relates in any way to this Agreement, including any dispute arising before the date of this Arbitration Agreement and any dispute relating to: (1) the origination, servicing, or collection of this Agreement; (2) the imposition or collection of principal, interest, attorney's fees, collection costs or other fees or charges relating to this Agreement; (3) other provisions of this Agreement; (4) any application, disclosure or other document relating in any way to this Agreement or the transactions evidenced by this Agreement: (5) any other service or product offered or made available by or through you in connection with this Agreement, and any associated fees or charges; (6) your methods of soliciting my business; and (7) any documents, instruments, advertising or promotional materials that contain information about this Agreement or any associated service or product. This includes, without limitation, disputes concerning the validity, enforceability, arbitrability or scope of this Arbitration Agreement or this Agreement; disputes involving alleged fraud or misrepresentation, breach of contract or fiduciary duty, negligence or other torts, or violation of statute, regulation or common law. It includes disputes involving requests for injunctions, other equitable relief or declaratory relief. However, "Claim" does not include any individual action brought by me in small claims court or my state's equivalent court, unless such action is transferred, removed or appealed to a different court. Also, "Claim" does not include any challenge to the validity and effect of the Class Action and Multi-Party Waivers, which must be decided by a court.
  If there is an Arbitration Agreement in place (a "Prior Arbitration Agreement") governing a prior Agreement by you (a "Prior Agreement"), "Claim" also includes disputes relating to the Prior Agreement. If I do not reject this Arbitration Agreement, any such Claim will be governed by this Arbitration Agreement rather than the Prior Arbitration Agreement. If I reject this Arbitration Agreement, the Claim will be governed by the Prior Arbitration Agreement, provided that, if I never had the chance to reject the Prior Arbitration Agreement and no demand for arbitration has been previously made, my rejection of this Arbitration Agreement will also serve as my rejection of the Prior Arbitration Agreement.

• e. STARTING ARBITRATION: To initiate arbitration, you or I must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the Claim shall be resolved by arbitration under this Arbitration Agreement and the applicable rules of the Administrator then in effect except to the extent said rules contradict the terms of this Arbitration Agreement in which case the terms of this Arbitration Agreement exclusively govern, as set forth below in Paragraph (j). The arbitrator(s) will be selected under the Administrator's rules, except that the arbitrator(s) must be a lawyer with at least ten years of experience, unless you and I agree otherwise.
• f. LOCATION AND COSTS: You will consider (and generally honor) any good faith request to bear the fees charged by the Administrator and the arbitrator except to the extent I appeal an award of the arbitrator, I am responsible for the fees charged by the Administrator and the arbitrator for such appeal, as set forth below in Paragraph (h). Each party must normally pay the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless otherwise determined by the arbitrator(s).
• g. DISCOVERY; GETTING INFORMATION: Either party may obtain from the other party prior to the hearing any information available under the Administrator's rules or any relevant information the arbitrator determines should in fairness be made available.
• h. EFFECT OF ARBITRATION AWARD: Any state or federal court with jurisdiction and venue may enter an order enforcing this Arbitration Agreement, enter judgment upon the arbitrator's award and/or take any action authorized under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"). For any arbitration-related proceedings in which courts are authorized to take actions under the FAA, each party hereto expressly consents to the nonexclusive jurisdiction and venue of any state court of general jurisdiction or any state court of equity that is reasonably convenient to me, provided that the parties to any such judicial proceeding shall have the right to initiate such proceeding in federal court or remove the proceeding to federal court if authorized to do so by applicable federal law. The arbitrator's award will be final and binding, except for: (1) any appeal right under the FAA; and (2) Claims involving more than $50,000. For Claims involving more than $50,000 (including Claims where the cost of any requested injunctive or declaratory relief would potentially exceed $50,000), any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will rehear de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. The appealing party will pay the Administrator's and arbitrator's costs of the appeal notwithstanding any rules of the Administrator or arbitrator to the contrary. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Agreement.
• i. GOVERNING LAW: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the 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 be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), declaratory, injunctive and other equitable relief, and attorneys' fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement and the Administrator's rules.
• j. SURVIVAL, SEVERABILITY, PRIMACY: This Arbitration Agreement shall survive my full payment of the Agreement; your sale or transfer of the Agreement; any legal proceeding to collect a debt owed by me to you; any bankruptcy or insolvency; any forbearance or modification granted pursuant to the Agreement; any cancellation, or request for cancellation, of the Agreement or any or all disbursements under the Agreement; and any change in the school enrollment status of the Student. If any portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply, except that: (1) the entire Arbitration Agreement (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multiparty basis if the Class Action and Multi-Party Waivers are held to be invalid, subject to any right to appeal such holding; and (2) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action and Multi-Party Waivers or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated. In the event of any conflict or inconsistency between this Arbitration Agreement and the Administrator's rules or the Agreement, this Arbitration Agreement will govern.
• k. NOTICE OF CLAIM; RIGHT TO RESOLVE; SPECIAL PAYMENT: Prior to initiating, joining or participating in any judicial or arbitration proceeding, whether individually, as a class representative or participant or otherwise, regarding any Claim, the Claimant shall give the other party written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days to resolve the Claim. Any Claim Notice I send must be addressed to your agent for service of process (typically available on the website of the Secretary of State of any U.S state where you do business) or such other address reasonably identified as your headquarters, and must include my name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. I may only submit a Claim Notice on my own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) I submit a Claim Notice in accordance with this Paragraph (k) on my own behalf (and not on behalf of any other party); (ii) you refuse to provide the relief I request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that I was entitled to such relief (or greater relief), the arbitrator shall award me at least $2,500 (not including any arbitration fees and attorneys' fees and costs to which I may be entitled under this Arbitration Agreement or applicable law).