(a) Unless otherwise provided under the express terms of the agreement, note, or other evidence of the extension of closed end credit, the provisions of Subtitle 1, 3, 4, 5, 6, or 9 of this title do not apply to an extension of closed end credit if: (1) The agreement, note, or other evidence of the extension of credit is made before October 1, 1993; and (2) The extension of credit is made under this subtitle before October 1, 1993. (b) For the purposes of subsection (a) of this section, an extension of credit is made under this subtitle if: (1) The credit grantor has made a written election to do so in the agreement, note, or other evidence of the extension of credit; or (2) The agreement, note, or other evidence of the extension of credit is made pursuant to the provisions of this subtitle. (c) For the purposes of subsection (a) of this section, if there is no written election to extend credit under this subtitle, the burden of proof is on the credit grantor to show the agreement, note, or other evidence of the extension of credit was made pursuant to this subtitle. (d) Any agreement, note, or other evidence of an extension of credit made before October 1, 1993 is not subject to § 12-1013.2 of this subtitle. (e) Notwithstanding any other provision of this title, a loan shall be subject to the provisions of this subtitle, whether or not elected, if the loan: (1) Is a shared appreciation agreement; and (2) Does not allow the borrower to repay advances and have any repaid amounts subsequently readvanced to the borrower.
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