45-1049. Borrower; default; agreement; extent of enforceability.
An agreement of the parties to a loan, with respect to default on the part of the borrower, is enforceable only to the extent that:
(1) The borrower fails to make a payment on the loan or other charges required by the agreement; or
(2) The prospect of payment, performance, or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the licensee.
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