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28-45-107. DEFAULT. An agreement of the parties to a regulated consumer credit transaction with respect to default on the part of the debtor is enforceable only to the extent that:

(1) The debtor fails to make a payment as required by 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 creditor.

History:

[28-45-107, added 1983, ch. 119, sec. 3, p. 296.]