Reference AX-DEMO01
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Note and Security Agreement — Apex_Loan_Note_AX-DEMO01.pdf
Note and Security Agreement
| Borrower Name and Address | Co-Borrower Name and Address | Lender Name and Address |
|---|---|---|
| ________________ — | None | Apex 1400 Ridgeline Dr, Suite 300 Austin, TX 78701 |
In this Note and Security Agreement (this “Note”), the words “you” and “your” mean the borrower and co-borrower. The words “Lender”, “we,” “us,” and “our” means Apex. By signing this Note, you agree that you have borrowed money from us to purchase the Vehicle described below or to refinance the balance due on the Vehicle described below. Loan Reference No. AX-DEMO01 Date 08/20/2026
DESCRIPTION OF VEHICLE. You are giving us a security interest in the following vehicle (the “Vehicle”):
| Year | Make | Model | VIN | Primary Use for Vehicle |
|---|---|---|---|---|
| — | — | — | — | Personal |
Odometer: —
| FEDERAL TRUTH IN LENDING DISCLOSURES | |||
|---|---|---|---|
| ANNUAL PERCENTAGE RATE | FINANCE CHARGE | AMOUNT FINANCED | TOTAL OF PAYMENTS |
| The cost of your credit as a yearly rate. | The dollar amount the credit will cost you. | The amount of credit provided to you or on your behalf. | The amount you will have paid after you have made all payments as scheduled. |
| 8.75 % | $3,748.80 e | $585.00 e | $4,333.80 e |
Payment Schedule: Your payment schedule will be:
| Number of Payments | Amount of Payments | When Payments Are Due |
|---|---|---|
| 59 | $72.23 | Monthly beginning 10/04/2026 |
| 1 | $72.23 | Due on 08/09/2031 |
Security: You are giving a security interest in the Vehicle.
Late Charge: If you do not pay all of a payment within 10 days after it is due, we can charge you a late charge. The late charge will be $15.00 or 5% of the part of the payment that is late, whichever is less.
Prepayment: If you pay early, you will not have to pay a penalty.
See the rest of this Note for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. “e” means estimate
VOLUNTARY GAP WAIVER AGREEMENT/INSURANCE: The purchase of a GAP waiver or GAP insurance is optional and is not required to obtain credit. The GAP waiver/insurance will not be provided unless you sign and agree to pay the additional cost. See the separate GAP waiver/insurance contract terms for more information about GAP coverage. GAP coverage does not provide property or liability insurance on the Vehicle.
[ ] GAP Waiver [ ] GAP Insurance — not elected
Term N/A Price $0.00
YOU WANT THE GAP PRODUCT SPECIFIED ABOVE:
Borrower: Not elected
Co-Borrower: N/A
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CREDIT INSURANCE: Credit insurance is optional. Credit life insurance, credit accident/disability insurance and involuntary unemployment insurance are not required to obtain credit. The term of any coverage will match the term of this Note. Credit insurance will not be provided unless you sign and agree to pay the extra cost.
| [ ] Credit Life | $0.00 |
| [ ] Credit Accident/Disability | $0.00 |
| [ ] Credit Involuntary Unemployment Insurance | $0.00 |
YOU WANT THE CREDIT INSURANCE SPECIFIED ABOVE:
Borrower: Not elected
Co-Borrower: N/A
Itemization of Amount Financed
| 1a. Purchase Only: To ___________ for purchase of the Vehicle | N/A |
| 1b. Refinance Only: i. Amount Paid to prior lienholder for loan payoff | $0.00 |
| 1c. Refinance Only: ii. Amount Paid directly to you | $500.00 |
| 2a. Other Charges Including Amounts Paid to Others on Your Behalf | $0.00 |
| 2b. To __________ for Optional GAP Waiver/Insurance | $0.00 |
| 2c. To Government Agencies for official fees and taxes | $85.00 |
| 3. Origination Fee/Prepaid Finance Charge | $75.00 |
| 4. Principal Amount (1 + 2 + 3) | $660.00 |
| 5. Amount Financed (4 minus 3) | $585.00 |
We may receive or retain a portion of these amounts.
You acknowledge this Note contains an arbitration provision and jury trial waiver which may be enforced by the parties.
Borrower Initials __ Co-Borrower Initials N/A
Additional Terms and Conditions
PROMISE TO PAY AND CALCULATION OF INTEREST. You promise to pay to us or our order the sum identified above as the Principal Amount of $660.00 (U.S. Dollars) plus interest at the simple annual interest rate of 8.75% (“Interest Rate”). You promise to make payments in accordance with the “Payment Schedule” above. Payments and other credits will be applied as required by law. You promise to pay all other amounts that are, or may become, due under the terms of this Note. Each person who signs this Note as borrower or co-borrower is jointly and severally liable for the sums owed under this Note and is fully liable for all payments whether or not we try to collect from the other signers.
PREPAYMENT. You have the right to prepay in whole or in part at any time. You will not pay any prepayment penalty. Prepayments of principal can reduce the total amount of interest you are scheduled to pay under this Note.
LATE FEE. You will pay the late fee provided above in the federal Truth in Lending Disclosures. Acceptance of a late payment or late charge does not mean that you can keep making payments later than the due date. We may also exercise any other remedies available to us under this Note.
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RETURNED ITEM FEE. If any check, electronic payment, or other draft you give us is dishonored for any reason, you agree to pay us a fee of $25.00.
SECURITY AGREEMENT AND TITLE. You hereby grant us a security interest in the Vehicle and in all accessories, equipment, and replacement parts installed in the Vehicle. This security interest also covers: (a) insurance premiums and charges for service contracts financed with the proceeds of this Note; (b) proceeds of any insurance policies or service contracts covering the Vehicle; and (c) proceeds of any sale of the Vehicle. This secures payment of all amounts you owe under this Note and in any transfer, renewal, extension, modification, refinancing or assignment of this Note. It also secures your other agreements in this Note. You agree to promptly execute or re-execute all documents or do any other reasonably necessary act that we request in order to name you as owner on the title to the Vehicle and to perfect our security interest on the Vehicle, and you agree to pay all filing fees, title fees, and other related fees and costs. You authorize us as your attorney-in-fact to sign your name on any documents necessary to properly record and perfect our security interest should you fail to do so. You will not allow any lien other than ours to attach to the Vehicle. You agree that we may assign this Note, including our security interest hereunder without your consent.
USE OF VEHICLE. You will not use or permit the Vehicle to be used: for any improper or illegal purpose; for rental or lease; as a livery vehicle; for commercial purposes; in a way that causes the cancellation or suspension of any applicable insurance or manufacturer’s warranty; outside of the state where you live for more than 30 consecutive days without our prior written approval; outside of the United States without our prior written approval; for towing, pushing, or hauling, except as recommended by the manufacturer; in any manner that will cause the Vehicle to be destroyed or damaged beyond repair; or by unlicensed drivers. In addition, you agree that you will maintain the Vehicle in good condition, pay all taxes, storage costs, fees, fines, bills, and any other charges assessed or levied on or against the Vehicle and notify us immediately if any authority impounds the Vehicle. You agree to reimburse us if we pay any such charges on your behalf.
INSURANCE. Property insurance is not included in this Note. You agree to maintain insurance on the Vehicle with terms and deductible levels acceptable to us while any amounts remain due under this Note. Your insurance must include comprehensive, fire, theft, and collision coverage in an amount enough to cover the Vehicle’s actual cash value. You must name us as a loss payee. You must provide us with a copy of your insurance policy on or before the date of this Note, and again later upon request. If you fail to provide us with evidence of insurance, we may buy insurance at your expense to protect our interests. You authorize us to sign your name on any check we receive for insurance proceeds.
DEFAULT. Any of the following constitutes a default under this Note: (a) we do not receive any payment when due (subject to any required state requirements on cure periods) or (b) the prospect of payment, performance, or realization of collateral is significantly impaired. We will deem the prospect of payment, performance, or realization of collateral significantly impaired if (i) you fail to perform any obligation under this Note or any other agreement with us; (ii) any information furnished in connection with this Note proves to have been false or materially misleading; (iii) you sell or transfer your interest in the Vehicle; (iv) any proceeding is commenced or petition filed under any bankruptcy or insolvency law by or against you; (v) you die or become incompetent or incapacitated; (vi) the Vehicle is levied upon or seized under any legal process; (vii) the Vehicle is lost, stolen, or suffers substantial damage; or (viii) you fail to maintain insurance on the Vehicle in accordance with this Note.
REMEDIES FOR DEFAULT. If you default under this Note, we can demand that you pay all you owe on this Note at once. We may repossess the Vehicle. We will hold any personal property from the Vehicle for a reasonable period of time. If you do not pick up the property, we may dispose of it. If you fail to redeem the Vehicle, we may sell the Vehicle. If the net proceeds of the sale of the Vehicle do not pay your indebtedness in full, we may, but are not required to, file suit for or pursue collection from you for some or all of the difference, plus interest. We may also use any other remedy we have at law or in equity.
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By choosing any one or more of these remedies, we do not give up our right to use another remedy later. By deciding not to use any remedy, we do not give up our right to use that remedy in the future. We may delay or refrain from enforcing any of our rights under this Note without waiving those rights.
ATTORNEY AND COLLECTION COSTS. We may recover from you all reasonable expenses related to enforcing this Note. These expenses may include court costs, collection costs, and any fees we incur in repossessing, storing, preparing for sale, and selling the Vehicle. If this debt is referred to an outside attorney for collection, you will reimburse us for those costs.
INTEREST AFTER MATURITY. You agree to pay interest at the Interest Rate, not to exceed the highest lawful rate, on any amounts which remain unpaid after the maturity of this Note, either by reaching the final payment due date or by acceleration, or upon judgment in a court of law.
JURY TRIAL WAIVER. In the event of litigation concerning any claim or dispute not arbitrated as provided in this Note, you and we each agree to waive any right you and we may have to a jury trial, as the law allows.
ADDITIONAL OBLIGATIONS AND TERMS. You agree that the proceeds of this loan shall be used solely for the purchase or refinance of the Vehicle. You agree you have not made any false statements in applying for this loan. Each borrower, including co-borrower, co-signer, or guarantor individually and jointly, waives presentment, demand, protest or notice and any notice that we are demanding payment in full of the entire outstanding balance because of default or for any other reason, unless you are a “Covered Borrower,” as that term is defined by 32 C.F.R. § 232.3(g). You cannot assign, sell, give a security interest in or arrange an assumption of your interest or rights under this Note or in the Vehicle. We can, without your consent or notice to you, assign the Note to another party, who will have all our rights.
COMMUNICATIONS. By providing at any time the number of your land line telephone, cellular telephone or other wireless device or your email address, you expressly consent and agree that we and any of our affiliates, agents, service providers or assignees acting on our behalf may call or text you, using an automatic telephone dialing system or otherwise, may leave you a prerecorded or artificial voice message, and may send you an e-mail or other electronic message for any purpose related to the servicing and collection of the Note. You have the right to cancel your consent at any time by notifying us. We will not charge you for any such communication, but your service provider may.
GOVERNING LAW. Federal law and the law of the State of ________ apply to this Note.
CONSUMER REPORT NOTICE. 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. MODIFICATIONS TO NOTE. This Note is the final agreement between you and us and may not be changed by prior, current, or future oral agreements between you and us. Any change to this Note must be in writing. Both you and we must sign it.
Electronic Contracting and Signature Acknowledgment. You agree that: (i) this Note constitutes an electronic contract executed by you using your electronic signature, (ii) your electronic signature means that you intend to enter into this Note, (iii) that the terms of this Note are valid and enforceable as though you had executed this Note with a written signature, (iv) this Note is a “transferable record” as defined by applicable law relating to electronic transactions, (v) the electronic copy of this Note in the document management system used by us or our designated custodian to store the Note will be the single authoritative copy (the “Authoritative Copy”), and (vi) the holder of this Note may assign and transfer the registration of this Note to an assignee, in accordance with applicable law relating to electronic transactions.
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ARBITRATION PROVISION: This Arbitration Provision significantly affects your rights in any Claim (defined below) with us. Please read this Arbitration Provision carefully before you sign the Agreement.
- Either you or we may choose to have any Claim decided by arbitration and not in court.
- If a Claim is arbitrated, you and we will each give up our right to a trial by the court or a jury trial.
- If a Claim is arbitrated, you will give up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
- The information you and we may obtain in discovery from each other in arbitration is generally more limited than in a lawsuit.
- Other rights that you and we would have in court may not be available in arbitration.
Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this Arbitration Provision, the arbitrability of any claim or dispute, and any allegation of waiver of rights under this Arbitration Provision), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to your credit application, this Agreement, or any resulting transaction or relationship (collectively, “Claim”) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. The only exception is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis.
Any Claim is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. You expressly waive any right you may have to arbitrate a class, collective, consolidated, injunctive, representative, or private attorney general action.
Except as otherwise provided in this Arbitration Provision, you and we agree that the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”) will conduct the arbitration. You may get a copy of the rules of the AAA (www.adr.org) and JAMS (www.jamsadr.com) by visiting their respective websites. If there is a conflict between the applicable rules and this Arbitration Provision, this Arbitration Provision will control.
Each Party will be responsible for the arbitration fees as allocated by the applicable rules. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and not by any state law governing arbitration. The arbitration hearing shall be conducted in the federal court district in which you reside.
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The arbitrator’s award shall be in writing and will be final and binding on all parties. There shall be a limited right to appeal to the extent allowed by the Federal Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If federal law provides that a Claim is not subject to binding arbitration, this Arbitration Provision shall not apply to such Claim. If any part of this Arbitration Provision, other than waivers of class rights, is deemed unenforceable, the remainder shall be enforceable. This Arbitration Provision shall survive the termination of any contractual agreement between you and us, whether by default, transfer, repayment in full, or otherwise.
By signing this Note, you agree that the information given in connection with this Note is true and correct. You authorize us to verify the information given in connection with this Note. You give us consent to obtain information about you from a consumer reporting agency or other sources.
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 Note may be legally enforced. You may change the terms of this Note only by another written agreement. Notice to consumer:
- Do not sign this Note before you read it.
- You are entitled to a copy of this Note.
- You may prepay the unpaid balance at any time without penalty.
Borrower Signs
________________ · 08/20/2026
Borrower Name (printed) / Date
Co-Borrower Signs
N/A
Co-Borrower Name (printed) / Date
Educational demo document — generated from the details you entered. Creates no real obligation.
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