This Promissory Note (this "Note") evidences the lending arrangement (the "Loan") from Citizens Bank, N.A. (including its successors and assigns,
"we", "us" and the "Lender") that you, the undersigned, have entered into in order to finance your purchase of certain product(s) or service(s)
("Products") from Apple Inc. ("Apple"). In connection with the Loan, Citizens Bank, N.A. is doing business as, and may sometimes be referred to as,
"Citizens One". The Note will become effective only after your purchase transaction with Apple is completed. See below for important federal and state law notices about your rights and obligations.
Repayment. For value received, you agree to pay the Amount Financed according to the payment schedule contained in the
Federal Truth-in-Lending Disclosures above. The Amount Financed may include, without limitation, sales taxes and shipping charges as determined by Apple.
You will make an initial payment and subsequent monthly payments as shown in the Federal Truth-in-Lending Disclosures above. Payments will be applied first
to any outstanding fees and charges, and second to the outstanding principal balance of the loan. If you have more than one loan from us,
you must specify how your payments should be applied or we will apply such payments at our discretion.
For each payment you owe under the Loan, you authorize us to charge your credit card using the account number you used to make your initial payment or such other payment method you authorize and that is acceptable to us, including valid credit cards or electronic funds transfers from a checking or savings account. During the period beginning with your initial payment and ending with your last monthly
payment (the "Repayment Period"), we will charge your credit card on the payment dates. Your monthly payment amount may occasionally be recalculated
to ensure that the Loan is repaid by the end of the Repayment Period. The monthly payment amount described in your Truth In Lending disclosure has been rounded to whole cents, so your actual monthly payment amount may be slightly higher or lower than the amount disclosed to you. Furthermore, you agree that we are not obligated to send you a bill or any additional
statement of what you owe, except as otherwise required by law. For any charge we make to your credit card, you are solely responsible for any interest,
fees or other costs you incur payable to the issuer of your credit card.
We may accept late or partial payments or any payments marked as being payment in full or bearing any other restrictive endorsement without losing any of our rights.
Our acceptance of any such payments does not mean we agree to change the terms of this Note or your Loan in any way. If you request and we agree to provide an
additional service in connection with your Loan, including, among other things, (1) allowing you to make an expedited payment on your loan; and (2) sending
documents to you by express mail, we will disclose the fee for the service to you before you accept any such service. Your acceptance of the service
constitutes your authorization for us to charge your credit card for such fee.
Product Shipment. Apple is solely responsible for the shipment of all Products that you have financed under this Note. If the shipment of
any Product is delayed, your Repayment Term may begin before all items are shipped. We and Apple reserve the right to refuse to ship any Products without
prior notice to you if any payment under this Note is overdue until such time as all overdue payments under this Note are actually received.
Events of Default. Upon the occurrence of any of the following events, we may declare the Loan to be in default:
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You fail to make any payment within thirty days after such payment is due.
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You fail to notify us of a change in your name, address or phone number within 30 days after a change occurs.
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You fail to meet any of your other obligations in this Note.
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Any bankruptcy proceeding is begun by or against you, or you assign any of your assets for the benefit of your creditors, or you are judged incompetent.
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You make any false statements in applying for the Loan or in any communications with us at any time thereafter.
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You commit any type of fraud or misrepresentation in connection with the Loan or any other loan, deposit account, or any other product or service with us.
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You are in default on any other loans you may have with us or our affiliates.
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You become or are declared insolvent.
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There is a significant change in your ability to repay all amounts payable under this Note.
Lender's Rights if an Event of Default Occurs. If a default occurs, the outstanding principal balance and all other amounts payable to us under
the terms of this Note will become due and payable to us at once. If we take court action against you to collect any amounts payable under the terms of this Note,
you may also be liable for court costs, other damages or fees, and reasonable attorneys' fees should we prevail in such court action.
Returns and Exchanges. All Product returns will be handled by Apple. Restocking or other fees charged by Apple may reduce any
return credit you receive. Apple will process Product returns according to its return policies in its sole discretion. Please contact Apple for additional
detail about those policies. Apple will notify us of its acceptance of any return and any return credit to which you are entitled. Following receipt
of such notice from Apple, we will apply such return credit as a prepayment on this Note. You will continue to be liable for repayment according to the
terms and conditions of this Note for any remaining amounts due after application of any return credit.
Product Warranties. Any claims you may wish to file relating to a warranty associated with a Product should be filed with Apple.
Subsequent Product Purchases. Additional Products you purchase from Apple will not be added to the Loan. Any such additional Products
may be financed under a new loan from us following approval of a loan application pursuant to our lending criteria.
Business Relationship with Apple. Lender and Apple have a business relationship relating to Apple's sale of Products that are financed
by loans from us. Such business relationship may include the payment of a fee by Apple to us for making this Loan to you.
Prepayment. You have the right to repay all or any part of your Loan at any time without penalty. Prepayment of less than the entire
outstanding amount due may reduce the number of payments you must make, the monthly payment amount, or the amount of your final payment.
Insurance. Purchase of insurance is not required to obtain credit and you may obtain property insurance from any provider.
Overpayment. You may choose to pay more than your monthly payment amount by contacting us at 888-201-6306. The excess payment
will be applied to your principal balance. Overpayments will not advance any subsequent monthly payment due date unless you request such advance in writing.
Waivers. You waive the rights of Presentment and Notice of Dishonor, and all other notices or demands in connection with this Note.
"Presentment" means the right to require the holder of this Note to demand payment of amounts due. "Notice of Dishonor" means the right to require the
holder of this Note to give notice to other persons that amounts due have not been paid.
Notices. Any written notice you are required to send to us under this Note must be sent to Citizens One, P.O. Box 2360, Omaha, NE 68103.
You must notify us if any of the credit card account or checking account information you provided to us has changed.
You must also notify us within 30 days after a change in your name,
address, or phone number. We will send you default notices, information about refunds, exchanges, and any other information to the most
recent address that we have on file for you. We may choose to send you notices electronically if you have authorized us to so.
Any notice we provide will be effective as of the date we send it.
Requesting, Obtaining, and Sharing Information About You. You acknowledge that you received a copy of our privacy notice
advising you of our information-sharing policies and your rights under applicable law. The below information sharing policies are given
in concert with that privacy notice.
You authorize us to share information with Apple regarding the status of the Loan.
We will, from time to time, share information with consumer reporting agencies and others legally allowed to receive such information. We may report
information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
If you believe that any information about you that we have reported to a credit-reporting agency is inaccurate, or if you believe that you have
been the victim of identity theft in connection with any other loan made by us, write to us at the address in the Notices section above, and
provide us with: (1) your name and the Loan number; (2) the specific information disputed; (3) the basis for the dispute, any documentation
supporting your position. Third parties may provide us with information about you and about your spouse if you live in a community property state.
Assignment. You may not assign this Note or any of its benefits or obligations. We may assign this Note at any time.
Amendment. A provision of this Note may only be modified if jointly agreed upon in writing signed by both you and us.
Applicable Law. This Note will be deemed to be entered into in Rhode Island, the state where we are located. CONSEQUENTLY, THE
PROVISIONS OF THIS NOTE WILL BE GOVERNED BY FEDERAL LAW, THE LAWS OF THE STATE OF RHODE ISLAND WITH RESPECT TO PERMITTED INTEREST RATES,
FEES AND CHARGES, AND OTHER APPLICABLE LAWS OF THE STATE OF RHODE ISLAND THAT ARE NOT PREEMPTED BY FEDERAL LAW WITHOUT REGARD TO CONFLICT OF LAW RULES.
Continuation of Lender's Rights. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them.
Correction of Errors. You agree to fully cooperate and adjust all typographical, computer calculation or clerical errors discovered in any or
all of the documents relating to your Loan, including the application, this Note, disclosure statements and any other disclosures or notices.
All parties involved will be notified and receive a corrected copy of the changed documents.
Severability. Any provision in this Note that is held unenforceable will be considered omitted without affecting the validity or enforceability
of the remainder of this Note.
Caption Headings. The caption headings in this Note may not fully describe the contents of each section of this Note.
Please read the entire Note very carefully to ensure that you fully understand your rights and obligations.
Unsecured Loan. The Loan is an unsecured loan.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
State Disclosure Notices.
IOWA RESIDENTS: IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS NOTE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.
NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS NOTE ONLY BY ANOTHER WRITTEN NOTE.
IOWA and KANSAS RESIDENTS:
NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3.
You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.
You acknowledge that you have received a copy of this notice.
MISSOURI RESIDENTS:
Oral Notes or commitments to loan money, extend credit or to forbear from enforcing repayment on a debt including promises
to extend or renew such debt are not enforceable. To protect you (borrowers) and us (creditor) from misunderstanding or disappointment, any agreements
we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may
later agree in writing to modify it.
NEW HAMPSHIRE RESIDENTS: If you prevail in any action, suit or proceeding we bring or in an action you bring in connection with this Note,
reasonable attorneys' fees will be awarded to you. If you successfully assert a pertinent defense, set off, recoupment or counterclaim to an action brought by us,
the court may withhold from us the entire amount or such portion of the attorneys' fees as the Court deems appropriate.
NEW JERSEY RESIDENTS: The section headings of the Note are a table of contents and not contract terms. Portions of this Note 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 Note, acts or
practices (1) by you which are or may be permitted by "applicable law" are permitted by New Jersey law, and (2) that may or will be taken by you
unless prohibited by "applicable law"" are permitted by New Jersey law.
NEW YORK RESIDENTS:
NOTICE TO THE BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled
to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount due.
If you do so, you may, depending on the nature of the credit service charge, either: (a) prepay without penalty, or (b) under certain circumstances
obtain a rebate of the credit service charge.
TEXAS RESIDENTS:
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
UTAH RESIDENTS: This Note is the final expression of the Note between the parties and it may not be contradicted by evidence of an alleged oral agreement.
WEST VIRGINIA RESIDENTS: Reference to the payment of attorneys' fees and court costs in the terms of this Note is void.
I hereby acknowledge that I have received a copy of this Note. I understand that I should not sign below if I have not received a copy of this Note from Lender.