Application

PLEASE PROVIDE A LIST OF ALL ACCOUNTS THAT YOU ARE CURRENTLY PAYING AND/OR IN YOUR NAME. PLEASE INCLUDE CAR LOANS, CREDIT AND CHARGE CARDS, PERSONAL LOANS, STUDENT LOANS, MORTGAGE PAYMENTS, BANKRUPTCY OR TAX PAYMENTS, CHILD SUPPORT AND ALIMONY.

Dispute Resolution. IN CONSIDERATION OF C4D CREW ACCEPTING AND EVALUATING THIS APPLICATION, APPLICANT AGREES THAT ANY DISPUTE, CLAIM OR CONTROVERSY (EXCEPT THOSE SPECIFIED BELOW IN THE NEXT FOLLOWING SENTENCE) ARISING OUT OF OR RELATED IN ANY WAY TO THIS APPLICATION OR ANY REAL PROPERTY PURCHASE AGREEMENT OR CONTRACT FOR DEED BETWEEN APPLICANT AND HOMES BY WITT LLC, D/B/A C4D CREW, RESULTING FROM THIS APPLICATION, SHALL BE RESOLVED BY BINDING ARBITRATION INSTEAD OF IN A COURT OF GENERAL JURISDICTION. Applicant agrees and understands that if applicant defaults on a contract for deed between applicant and C4D CREW, C4D CREW shall have the right to pursue rights and remedies in non-judicial or judicial contract for deed cancellation proceedings that are not subject to, and do not involve, arbitration. This arbitration agreement is made pursuant to an transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, Title 9 of the United States Code, as amended or supplemented. Judgment upon any arbitration award rendered may be entered in any court having jurisdiction. Applicant acknowledges and understands that arbitration is more informal than a lawsuit in court. Applicant further acknowledges and agrees that the arbitration shall use a neutral arbitrator instead of a judge or jury, allow for more limited discovery than in court, and be subject to very limited review by courts. Applicant also understands and agrees that the arbitrator can award the same damages and relief that a court can award. APPLICANT AGREES THAT, BY ENTERING INTO THIS AGREEMENT, APPLICANT IS VOLUNTARILY AND KNOWINGLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of any purchase agreement or contract for deed transaction resulting from this Application. The arbitration will be governed by the Commercial Arbitration Rules and, if appropriate, the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”). The arbitrator shall decide any issues relating to the enforceability and/or applicability of the arbitration provisions of this Application to the dispute, claim or controversy. If either party fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorney’s fees, incurred by the other party compelling arbitration. Any arbitration hearing at which an applicant appears will take place at a location near applicant’s residence. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Class Action Waiver. APPLICANT VOLUNTARILY AND KNOWINGLY WAIVES THE RIGHT TO ARBITRATE ANY DISPUTE WITH, OR CLAIM OR CONTROVERSY AGAINST, C4D AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. Applicant agrees that (i) no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity as a private attorney general or on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding shall be consolidated with, or joined in any way with, any other arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of the dispute resolution provision in the preceding paragraph shall be null and void.