Miscellaneous: FORD MOTOR CREDIT COMPANY LLC VS. DINA MEADOWS et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Dec-19-2008 9:41 am

Case Number: CGC-08-483236
Filing Date: Dec-19-2008 9:38

Juke Box: 001 Image: 02349393
COMPLAINT

FORD MOTOR CREDIT COMPANY LLC VS. DINA MEADOWS et al

001C02349393

Instructions:
Please place this sheet on top of the document to be scanned."ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S.sf@ bar number, and address.
Robert Scott Kennard, S.B.N. 117017

NELSON & KENNARD File No. 08-52753-0
2180 Harvard Street, Ste. 160 (95815)

P.O. Box 13807, Sacramento, CA 95853

| TELEPHONENO: (916) 920-2295 FAXNO: (916) 920-0682
ATTORNEY FOR (Neme): FORD MOTOR CREDIT COMPANY LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.
STREETADDRESS: . 400 McAllister Street

MAILING ADORESS: 400 McAllister Street
crryanozipcopé: San Francisco, CA 94102
GRANCHNAME: UNLIMITED CIVIL CASE
CASE NAME:

FORD MOTOR, et al., v. DINA MEADOWS, Et al.

CIVIL CASE COVER SHEET
l x | Untimited [ ] Limited
with first appearance by defendant
erczeus $25,000) $25,000 or ess) (Cal. Ruies of Cour, rule 3.402)
items 1-6 befow must be completed (see instructions on page 2).
1; Check one box below for the case type that best describes this case: .
|Auto Tort Contract Provisionalty Compiex Civil Litigation

FOR COURT USE ONLY

San Francisco County Sucerior Court

DEC 19 2008
GORDON PARK-LI, Clerk

mr uty Clerk

Complex Case Designation
] Counter { jJoinder

It] Auto (22) |”. Breach of contractwarranty (08) (Cat. Rutes of Court, rules 3.400 = 3.403)
| ] Uninsured motorist (48) [ ] Rute 3.740 cotlections (09) | ) Antitrust/Trade regulation (03)
(Other PYUPD/AWD (Personal injury/Property [X] Other collections (09) [ ] Construction defect (10)
|Damage/Wrongtul Death) Tort [ ] Insurance coverage (18) [ ] Mass tort (40)
It ] Asbestos (04) { ] Other contract (37) [ ] Securities tigation (28)
f ] Product Habit (24) Real Property [ ] EnviconmentaVToxic tort (30)
{ ] Medical malpractice (45) [ ] Eminent domainvinverse [ ] Insurance coverage claims arising from the above
It ] Other PUPDWD (23) condemnation (14) fisted provisionatly complex case types (41)
Non-PYPDAVD {Other) Tort [ ] Wrongful eviction (33) Enforcement of Judgment
I | Business tortfunfair business prectica (07) [ ] Other real property (26) [ ] Enforcement of judgment (20)
{| Civil rights (08) Untawtul Detalner Miscollaneous Civil Complaint
[ | Defamation (13) ([] Commercial (31) : [TRICO (27)
It } Fraud (16) [ ] Resktentiat (32) { ] Other comptaint (not specified ebove) (42)
[_] Irtettectuat property (19) { ] Drugs (38) Misceflaneous Civil Petition
l Professional negtigence (25) Judiclal Review | } Partnership snd corporate governance (21)
I] Other non-PUPDWD tort (35). { ] Asset forfeiture (05) ___ [ ]@ther petition (not specified above) (43)
Emptoyment [ ] Petition re: arbitration award (11)
It ] Wrongfut termination (36) [ | Writ of mandate (02)

Other employment (1 Other, review (39)

2. Thiscase [| is [Xj isnot complex under nile 3.400 of the California Rules of Court. If the case is complex, mark the factors
requiring exceptional judicial management

a. [ ] Large number of separatety represented parties d.[ ] Large number of witnesses

b. [ ]€xtensive motion practice raising diffeutt or novel @.[ ] Coordination with related actions pending in one of more courts
. Issues that will be time-consuming to resolve in other counties, states or countries, or in a federal court

¢. [ } Substantial amount of documentary evidence £.[ ] Substantial post-disposition judicial supervision

3. Remedies sought (check all that apply): a.[X] monetary b.[ ] nonmonetary; d
4, Number of causes of action (specify): THO

5. Thiscase [ ] is [X] isnot aciass action suit
6. if there are any known related cases, file and serve a notice of related case. (You may u:
Date: December 9, 2008

ratory oF injunctive relief ¢.{ [punitive

Robert Scott Kennard

(TYPE OR PRINT NAME) (SIGNATURE OF PARTVOR ATTORNEY FOR PARTY)

NOTICE
¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding {except small claims cases or cases filed under the
Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.
* File this cover sheet in addition to any cover sheet required by local court rule.
* If this case Is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on alll other
parties to the action or proceeding.
« Untess this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. .

Form Kaopted for Mandatory U8 ——~—S*SCSTWIEL CASS COVER SHEET CE Rulen of Court, rulea 2.30, 3.220, 3.400-3.403, 3.740;
Sjoselt Counc of Gutforia ue CIVIL CASE COVER SHEET oan Reed Standards of Judie Admintetadon,

CM-010 [Rev. Juty 1, 2007] . : wew.courtinfe.ca.govC C File No. 08-
52753-0
SUMMONS
{CITACION JUDICIAL)

NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
DINA MEADOWS ,

DOES 1 TO 10

FOR COURT USE ONLY
{SOLO PARA USO DE LA CORTE)

YOU ARE BEING SUED BY PLAINTIFF:
{LO ESTA DEMANDANDO EL DEMANDANTE)

FORD MOTOR CREDIT COMPANY LLC

You have 30 CALANDAR DAYS after this summons and legal papers are served on you to file a written response st this court and
have a copy sorved on the plaintiff, A letter or phone call will not protect you. Your written response must be In proper legal form If you want
the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more
Information at the Cafifornla Courts Ontine Seif-Hetp Center (www.courtinfo.ca.qov/selfhetp), your county law library, or the courthouse
nearest you. tf you cannot pay the filling fee, ask the court clerk for a fee waiver form, Hf you do not file your response on time, you may lose
the case by default, and your wages, money, and property may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call
an attorney referral service, if you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services
program. You car locate these nonprofit groups at the California Legal Services Web site (www.tawhelpcattfornia.org), the California Courts
Oniine Self-Help Center (www.courtinfo.ca. gov/setfhelp), or by contacting your local court or county bar association.

Tlene 30 DIAS DE CALENDARIO despues de que fe entreguen esta citacion y papeles legales para presenter una respuesta pro escrito
en esta corte y hacer que se entregue una copia al demandante. Una carta o una flamada telefonica no fo protegen. Su respuesta por escrito]
tlene que estar en formato legal correcto si desea que procesen su ceso en ja corte. Es posible que haya un formutlario que usted pueda
usar para su respuesta. Puede encontrar estos formularios de fa corte y mas informacion en ef Centro de Ayuda de las Cortes de California
(www.courtinfo.ce.gov/selthelp/espanol), en fe biblioteca de leyes de su condado a ena corte que le queda mas cerca. Sino puede pagar ie
cuota de presentacion, pida al secretario de la corte que le de un formutario de exencion de pago de cuotas. Sino presenta su respuesta @
tiempo, puede perder ef caso por incumplimiento y la corte fe podra quitar su sueldo, dinero, y blenes sin mas advertencie,

Hay otros requisitos legales. Es recomendable que flame a un abogedo inmediatamente. Sino conoce a un abogado, puede flamer a un}
servicio de remision a sbogedos. Si no puede pagar a un sbogado, es posible que cumpla con los requisites para obtener servicios legates
gratuitos de un programa de servicios legales sin fines delucro. Puede encontrar estos grupos sin fines de jucro en el sitio web de
California Legal Services, (www lawhelpcalifornis.org), on ef Centro de Ayude de les Cortes ce Calfornia,

(weww. courtinfo.ca.gov/selfhelp/espanol) 0 poniendose en contacto con fa corte o el colegio de abogados locales.

400 McAllister Street

The name and address of the court is: -
. cA iy
é agp 8 8 4 8 3 23 6
San Francisco, CA 94102

(El nombre y direccién de Ia corte es):
The name, address, and telephone number of ptaintiff's attorney, or plaintiff without an attomey, is:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL CASE

(El nombre, la direccién y ef nimero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):

NELSON & KENNARD

ROBERT SCOTT KENNARD, S.B.N. 117017 Telephone: (916) 920-2295
2180 Harvard Street, Ste. 160 Facsimile: (916) 920-0682
P.O. Box 13807 (95853) , ‘

Sacramento, CA 95815 Gordon Park-Li

OAT: EC 19.2008 Chit greet oy

(For Proof of service of this summons, use Proof of Service of Summons (form POS-010),)

ega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served

4 as an individual defandant

3S as the person sued under the fictitious name of (specify):

3.7 Jon behalf of (specify):

under, CEICCP 416,10 (corporation) CICCP 416.60 (minor)
COAG 418 20 aetinet remcentinn) 1 COP 418 72 teomamvates)
TICCP 416.40 (association or partnership) (J CCP 416.90 (authorizes person)
Mther-

e rat Lott
Adopted iatory Code of Cri Procedures §§ 412 20, 465

Jusicisi Council of Cattorma SUMMONS

Sum-100 [Rev. January 1, 2004]"ATTORNEY OR PARTY WITHOUT ATTORNEY Bar number,
Robert Scott Kennard, S.B.N. 117017
NELSON & KENNARD File No, 08-52753-0
2180 Harvard Street, Ste. 160 (95815)
P.O. Box 13807
Sacramento, CA 95853

TELEPHONE NO: - .
ean svontee torre (916) 920-2295 FAX NO (Optionan: (916) 920-0682 Sam Franefsco County Surenor Gourt
ATTORNEY FOR (Name); FORD MOTOR CREDIT COMPANY LLC { DEC 19 2008
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREETADDRESS: 490 McAllister Street 5 GORDON PARIGLI, Clerk
MAILING ADDRESS: . uty Cler
CMY AND ZIPCODE: San Francisco, CA 94102
BRANCHNAME: UNLIMITED CIVIL CASE

PLAINTIFF: FORD MOTOR CREDIT COMPANY LLC
DEFENDANT: DINA MEADOWS ,
[ X]DOES1TO__10

[X]COMPLAINT * [ ] AMENDED COMPLAINT (Number):
0) CROSS-COMPLAINT [ ] AMENDED CROSS-COMPLAINT (Number):

Jurisdiction (check all that apply):
[ ] ACTION IS A LIMITED CIVIL CASE
Amount demanded [ ] does not exceed $10,000
J exceeds $10,000, but does not exceed $25,000 |
Ix ] action(s aN UNLIMITED CIVIL CASE (exceeds $25,000) -
[ ] ACTION I! CLASSIFIED by this amended compiaint or cross-complaint = -
(_ ] from limited to unlimited ceo 08 483236
(_ ] from untimited to timited

1. Plaintiff" (name ornames): FORD MOTOR CREDIT COMPANY LLC
. alleges causes of action against Defendant*(name ornames): DINA MEADOWS ,
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5, plus exhibits

3. a. Each plaintiff named above is a competent adult
[ X ]except plaintiff (name): FORD MOTOR CREDIT COMPANY LLC
a corporation qualified to do business in California :
an unincorporated entity (describe):
{X] other (specify): a limited liability company
b.[ ] Plaintiff (name): .
a. f | has comptied with the fictitious business name laws and Is doing business under the fictitious name (specify):
b. has complied with all licensing requirements as a licensed (specify):
¢.[ ] Information about additional plaintiffs who are not competent adutts is shown in Attachment 3c.

4. a, Each defendant named above is a natural person

[ ]except defendant (name): (. except defendant (name):
4 a business organization, form unknown 4 a business organization, form unknown
a corporation a a corporation
3 an unincorporated entity (describe): 3; ‘an unincorporated entity (describe):
(4) [ ] a public entity (describe): (4) [| J a public entity (describe):
(5) [J other (specify): oo (5) 1 other (specify):
“ff this form [a usad es 6 croas-complaing, plaintiff means cross-complainant and defendant means cross-defendarit, Page 1 of2

ann
Form Approved for Optional Use Code of Civ Procedure, § 425.12

Judicial Council of California COMPLAINT—Contract werw.courtino.ca gov
PLD-C-001 [Rev. January 1, 2007]SHORT TITLE:

FORD MOTOR CREDIT COMPANY LLC v. DINA MEADOWS, et al.

4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) [X] Doe defendants (specify Doe numbers): 1. — 5 were the agents or emptoyees of the named

Defendants and acted within the scope of that agency or employment.
(2) [X] Doe defendants {specify Doe numbers): 6 -_10 are persons whose capacities are unknown to
Plaintiff.
¢. | ] Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. [ ] Defendants who are joined under Code of Civil Procedure section 382 are (names):

5. [ ] Plaintiff is required to comply with a claims statute, and
a.{ ] plaintiff has compfied with applicable claims statutes, of
b.[ } plaintiffis excused from complying because (specify):

6. [X ] This action is subject to [_ ] Civil Code section 1812.10 [ X ] Civil Code section 2984.4,

7. This court is the proper court because
a.[ Jadefendant entered into the contract here.
b.[ ]adefendant lived here when the contract was entered into.
c.[X] a defendant tives here now.
d.[ ] the contract was to be performed here.
e.[ ]adefendantisa corporation or unincorporated association and its principat place of business Is here.
_ f. [| ]real property that is the subject of this action is located here.
g.[ Jother (specify):

8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):

[X] Breach of Contract

[X%] Common Counts

{ ] Other (specify): .
9.  [ X ] Other allegations: prior to commencement of this action, the Defendants were informed in
writing that if an action were commenced, the Plaintiff may recover its reasonable
attorney's fees and court costs, where allowed by law, in addition to the principal and
interest otherwise owed.

10. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable: and for
a. [X]damagesof$ 28, 986.96
b. [X ] interest on the damages
(1) [ Jaccording to proof
(2) [X Jat the rate of (specify): 10.000 percent per year from (date): 3/19/07
c. [ X]attomey fees pursuant to Civit Code Section 1717.
(YL Jofs
{2) {| X] according to proof.
d.. | ] other (specify):

41.[. ] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):

Dated: December 9, 2008

ROBERT SCOTT KENNARD »

(Type or print name) (Signature of plainti attomey)
(if you wish to verify this pleading, affix a verification.)

PLBC-001 [Rev January 1, 2007] COMPLAINT — Contract Page 2012——__—__

FORD MOTOR CREDIT COMPANY LLC v. DINA MEADOWS, et al.

FIRST CAUSE OF ACTION — Breach of Contract
7 :

€
ATTACHMENT TO [X] Complaint [ ] Cross-Complaint

(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): FORD MOTOR CREDIT COMPANY LLC

alleges that on or about (date): 9/26/05

a [X] written [ Joral [ ] other (specify): .

agreement was made between (name parties to agreement): Plaintiff's assignor and Defendant(s)

DINA MEADOWS ; :

{X]A copy of the agreement is attached as Exhibit 1 and

[ X ] The essential terms of the agreement [ ] are stated in Attachment BC-1_ [X ]are as follows (specify):

The above-referenced agreement has been assigned to Plaintiff who is, and at all
times herein mentioned was, the holder thereof and lawful owner of the vehicle which is
the subject of the agreement. .

BC-2. On or before (dates): 3/19/07
defendant breached the agreement by [ ] the acts specified in Attachment BC-2 [X] the following acts
(specify): .
Defendants failed to make the monthly installments due pursuant to the terms of the
agreement. Plaintiff has not repossessed the vehicle in that it has been informed that
its security has been effectively rendered valueless.

BC-3. Plaintiff has performed ail obligations to defendant except these obligations plaintiff was prevented or
excused from performing.

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
[ ] a8 stated in Attachment BC-4 [X ] as follows (specify):

After deducting from the unpaid balance owed at the time of default all credits
due Defendants including, but not limited to, unearned finance charges, security
deposit, insurance proceeds, etc., if any, and after adding Plaintiff's costs of
repossession and sale, if any, there now remains due and owing from Defendants to
Plaintiff the sum of $28,986.96 together with interest thereon at the rate of 10,000%
from 3/19/07,

BC-5. [ X ] Plaintiff is entitled to attomey fees by an agreement or a statute
[Jofs
[X] according to proof pursuant to Civil Code Section 1717,

BC-6.{ ] Other:
Page Three
Page 1of1
Fe pproved for Opbonal Us tC = ach of Contract ‘Code of Civil Procedure, § 425.12
Soneereves Oana Use CAUSE OF ACTION - Breach of Contract ‘www cour. ca por

PLD-C-001(1) [Rev. January 1, 2007]Page _Five

VERIFICATION

I, ROBERT SCOTT KENNARD, declare:

1am an attorney at law duly admitted and licensed to practice before all courts of the State of
California and I have my professional office at 2180 Harvard Street, Ste. 160, Sacramento, Sacramento
County, California.

Tam the attomey of record for Plaintiff in the above entitled matter.

Said Plaintiff is absent from the county in which I have my office and for that reason I am making this
verification on their behalf.

Ihave read the foregoing documents and know the contents thereof.

Venue lies properly with this court because Defendant either resides in this judicial district at the time
this action is commenced or the contract was in fact signed by the Defendant in this judicial district.

As to all other matters, I am informed and believe that the matters stated therein are true, and on that
ground, I allege that the matters stated therein are true.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and

correct.

Executed on __December 9, 2008__, at Sacrament

ROBERT SCOTT KENNARDCw. C 6-275

EFYHIRIT <4 {23. TERMINATION This tease will te

49. VEHICLE USE AND SUBLEASING You will not use, OF permit othérs

to use the Vehicle (a) in Violation of any faw, (b) contrary to the provisions
of any insuratte policies covering the Vehicle, (c) outside the state
where first titled or registered for more than 30 days without Finance
Company's writen consent, (d) outside the United States, except for
fess than 30 days in Canada or Mexico oF (e) as a private or public
carer, You will keep this lease and Vehicle free of all fiens and encurr-
brances. You will not assign or sublease any interest In the Vehicle
or lease without Finance Company's written consent.

20, VEHICLE MAINTENANCE AND OPERATING COSTS Proper Vehicle

maintenance Is Your responsibility. You must maintain and service the
Vehicle al Your own expense, using materials that meet the
manufacturers specifitations. This includes following the owner's
manual and maintenance schedule, documenting maintenance pef-
formed, and making all needed repairs. You are also responsible for al
operating costs such-ad gés and off. Lessor will provide the service(s},
“fi any, Kdentified in the Lessor ‘Senices section under the terms of @
separate agreement. The rhanutacturer will invalidata warranty coverage
on parts affected by a faiture to maintain the Vehicle as required by tha
manufacturer. (See Lessor Setvices; Item 15, on the front of this tease)’

21, DAMAGE REPAIR Youare responsible for repairs of All Damage which

are nota ceeult of normal wear and use. These.repalrs clude, Dut 8.
pot limited to, those necessary to retum the Vehicle to its. pre-accident

condition, including repairs to Exterfor Sheet Metal, Plastic Compo

nents, and to Vehiefe Safety Systems; including airbag, seat belt and
bumpersystem components. Replacement of ‘Sheet Metal must be made
‘vith Original Equipment Manufacturer Sheet Metal, Ail other repalrs
mist be made with Original Equipment Manufacturer parts. Discuss this
requirement with Your Insurance company prior to signtag a collision
repair estimate of before authorizing any collision repair work.

i-You have nol had the repairs madé betota, the Ve i
the scheduled end of this lease, You will pay the estimated costs of

o Pee eenpair, even ithe repairs are net mada porto Holders sale of

the Vehicle.

be Be

19) upon (a) the

_ term of this lease, {b) the retum of the Vehicle to Lessor or another
place designated by Finance Company, and (c) the payment by You of
ail amounts owed under this lease. Finance Cortpany may cancel this
lease if You defautt.

Ua
jerminate (ent

24. RETURN OF VEHICLE If You do not buy the Vehicle at tease end, You

must retum it to Lessor unless Finance Company designates another
place. Upon retum of the Vehicle, You must pay the Disposition Fee
shown on the front of the lease in Section 3, “Other Charges.” i, upon.
termination of the lease, You enler into a lease agreement of retall
installment contract for a new vehicle which is assigned 10 oF adminis-
tered by Finance Company, Youwillnol be requiredto pay the Disposition
Fee. if You fail to return the Vehicle, You must continue to pay the
monthly payments plus other damages to Finance Company, including
amounts payable underdefaull. Payment of these amounts will not allow
‘You to keep the Vehicle.

25. STANDARDS FOR EXCESS WEAR AND USE You are responsible for

all repairs fo the Vehicle that are not the resull of normal wear and use.
These repairs include, but are nol fmited to those necessary to repair
of replace: (a) Tires which are unmatched, unsate or have less than
4/8 inch of remaining tread in any place; (b) Electrical of Mechanical
detects or matlunctions; (c) Giass, Paint, Body Panels, Trim and Grill

fee alle nennbnd

Ig retumed at -

greater than those fisted on the front of this fease In Section 17, "Vehicle
Insurance Minimums,” for bodily injury or death and property damage
Insurance, You must insure the Vehicle and the Holder at the higher
minimum fimits established by the state. These amounts may not be
sufficient to cover all Your Jabilities. You may wish to consult Your
Insurance advisor about obtaining additionat coverage. You will list
the loss payee and additional insured as requested by Lessor. You must
give Finance Company eviderce of this insurance.

You authorize Finance Company, on Your behalf, to receive and endorse
checks or drafts, and settle or release any claim under the insurance
related to Holder's ownership of the Vehicle. ‘You atso assign to Holder
any other Insurance proceeds related fo this tease or Holder's Interest
inthe Vehicle. - . . :

if You or Financa Company ‘obtain a’refund for amounts paid fo third
pares for Insurance, service contracts, or any other amourt paid toa
third party included In, the Gross. Capitaized:Cost of this lease, You
must pay fo the Holder the entire arhount of the retund and You authorize
the Holder-to subtract the refund from. the amount You owe undef this
lease.

LESSOR IS NOT PROVIDING VEHICLE
INSURANCE OR LIABILITY INSURANCE

Hf you tita/register the Vehicle ir, or change the garage location of the

‘

Vehicle to a state where Finance Cornpariy has established minimum

automobile Habitty Insurance fimits greater tran, those listed on the front

of this fease for bodily injury or death and property damage insurance,
‘You must insure the Vehicle and the Holder al the higher minimum fimits:
established by Finance Company. .

cnein rapists nt ht
VOLUNTARY EARLY TERMINATION AND RETURN OF THE VEHICLE
You may terminate this lease earty by returning the Vehicla to Lessor,
untess Finance Company designates another place, and paying the
foltowing: (a) the difference, if any, between the Unpaid Adjusted Capi-
tallzed Cost and the Veticle's Fair Market Wholesale Value, plus (6)
ail other amounts then due under this lease, plus (¢) the Disposition
Fee listed on the front of this lease in Section 3, “Other Charges.”
VOLUNTARY EARLY TERMINATION AND PURCHASE OF THE VEHICLE
You may purchase the Vehicle from Lessor or a party designated by
Holder al any time fora purchase price that cannot exceed the following:
{a) past due payments at the time of the purchase, plus (b} all other
amounts then due under the lease (except excess wear and use and
mileage charges), plus (c) any pther charges, including tha purchase
option fee in Section 10, “Purchase Option at End of Lease Term*,
connected to the early termination and purchase, plus (0) the Unpaid
Adjusted Capitalized Cost. You may also be charged for any taxes and
other charges incidentallo the sale. Payment of the purchase price will
satisty Your fabilities under this lease.

Unpaid Adjusted Capitalized Cost is reduced on each payment due
date. It is calculated by reducing the Adjusted Capitalized Cost each
month by the difference between the Base Monthly Payment and the
part of the Rent Charges earned in that month on an actuarial basis.
Rent Charaes are earned when due. Lessor of Finance Company willtered by Finance Company, You will not be required to pay the Disposition

Fee. Hf You fall to setum the Vehicle, You must continue to pay the +]

monthly payments plus other damages to Finance Company, Including

* amounts payable under default. Payment of these amounts will not allow

You to keep the Vehicle.

] 25. STANDARDS FOR EXCESS WEAR AND USE You are responsible for

all repairs to the Vehicle that are not the result of normal wear and use.
“These tepalrs Include, but ara not linilted to those nécessary {0 repair
of replace: (a) Tires which are unmatched, unsafe or have Jess than
4/8 Inch of remaining tread in any place; (b) Electrical or Mechanical
defects or malfunctions; (c) Glass, Paint, Body Panels, Trim and Grill
Work that are broken, mismatched, chipped, scratched, pitted, cracked,

or if applicable, dented or rusted; {d) Interior fips, stains, bums of worn |

areas: and {e) All Damage which would be covered by colfision or
* comprehensive insurance whether or not such insurance fs actually in,
force. Replacement of Sheet Metal must be made with Original Equip-
ment Manufacturer Sheet Metal. All other repairs must be made with
Original Equipment Manufacturer parts, Your use or repair of the Vehicle
must nol invalidate any warranty.”
tf You have not had the repairs made before the Vehicle Is retumed at
the schedufed end of this lease, You will pay the estimated costs of
such repairs, even if the repalrs are not made prior to Holder's sala of
the Vehicle.

| 26. ODOMETER STATEMENT Federal taw requires You to complete a

28. DEFAULT You will be in defautt # {a) You fall to make any payment

staternent of the Vehicle's mileage at the end of this lease.

Astor

CAND

when dua, or (b) a bankruptcy petition is filed by or against You, or (c)
any govemmental authority seizes the Vehicle and does not promptly
and unconditionally release the Vehicle to You, or {d) You have provided
false or misleading material information when applying for this lease, or
(e) You fail to keep any other agreement in this lease,

if You are in default, and You hava not exercised Your rights in Section
27, tha "VOLUNTARY EARLY TERMINATION” paragraph, Finance
Company may cancel this lease, take back the Vehicle and sell tala
public or private sale, You also give Finance Company the fight to go
‘on Your property to peacefully retake the Vehicle. Even if Finance
Company retakes the Vehicle, You must still pay al once: (a) the
difference, if any, between the Unpaid Adjusted Capitalized Cost and
the Fair Market Wholesale Value, plus (b) all other amounts then due
under this tease. You must also pay all expenses, including reasonable
attomey's fees, payable by Finance Company to obtain and hold the
Vehicle, collect amounts due: and enforce Holder's rights under this
lease. You authorize Finance Company to cancel Your insurance and
apply any proceeds to Your obligation.

29. LOSS OR DESTRUCTION OF VEHICLE If the Vehicle Is stolen or

amounts then due under the lease (except excess wear and use and
mileage charges), plus (c) any other charges, including the purchase

* option fee in Section 10, “Purchase Option at End of Lease Term",
connected to the early lermination and purchase, plus (d) the Unpaid
Adjusted Capitalized Cost. You may also be charged for any taxes and

* other charges incidental fo the sale, Payment of the purchase price will
satisfy Your tiabilifies under this lease.
Unpaid Adjusted Capitalized Cost is reduced on each payment due
date. It Is calculated by reducing thd Adjusted Capitalized Cost each
month by the difference between the Base Monthly Payment and the
part of the Rent Charges eamed in that month on an actuarial basts.
Rent Charges are eamed when due. Lessor or Finance Company wilt
provide You with a written explanation of the actuarial method upon
Your request, .
Fair Market Wholesale Value, at Your option, will be: (a) an amount
agreed to by You and Finance Company, or (b) the value which could
be realized at the wholesale sale of the Vehicle, as determined by @
professional appraisal obtained by You at, Your expense from an inde-
pendent third party agreeable to Finance Company at least 3 days prior
to any scheduled sale date of tha Vehicle, of (c) if nol established by
agreement or appraisal, the het amount recelved by Finance Company,
Holder or its designated intermediary upon the sale of the Vehicle at
wholesale.
Please contact Finance Company al the telephone number or website
fisted on the front of this lease if You have any questions regarding
terminating Your lease.

aot Mie ee at

destroyed, You will pay to Finance Company: (a) the Unpaid Adjusied
Capitalized Cost, plus (b) ail other amounts then due under this lease,
minus (c) any insurance proceeds received by Finance Company. Gap
Waiver. if You had in effect the Insurance required under this lease and
Finance Company receives the full proceeds, You will pay to Finance
Company: (a) any past due monthly lease payments, plus {b) the
amount of the applicable insurance deductible, plus.{c) all other
amounts then due under this lease. Even if the Vehicle is insured, until
Finance Company receives the appropriate amount above, You ara
responsible for the scheduled monthly payments.

30. ASSIGNMENT AND ADMINISTRATION When You and Lessor sign
this lease, Lessor will assign it to Holder. Finance Company or a
substitute will administer this lease. You must then pay all amounts due
under this lease to Finance Company. All payments must be made in -
U.S. funds.

1 Finance Company is not the Holder of this lease, Holder has appoinied
Finance Company as its agent. As agent for Holder, Finance Company
has the power to act on Holder's behal! to administer, enforce, and
defend this lease. If Lessor has agreed lo repair or maintain the Vehicle,
‘obtain any insurance or perlorm any other service, You will look only
to the Lessor for.these services.

33, INDEMNITY You will indemnify and hold harmless Lessor, Finance

Company and Holder and their assigns trom any loss or damage to the

” Vehicle and its contents and from ail claims, losses, Injuries, expenses

and costs related fo the use, maintenance, of condition of the Vehicle.
‘You wit! promptly pay all fines and tickets imposed on the Vehicle or its
driver. If You do nol pay, You will reimburse Finance Company and pay
a $20 administration fee, unless prohibited by law, for every such fine,
lickel, or penally thal must be paid on Your behalf.

34, SECURITY DEPOSIT Your security deposit may be used by Finance

Company to pay all amounts that You fail lo pay under this lease. You
will nol receive any interest, profits or other earnings on Your security"public or private sal
on Your property to peacefully retake the Vehicle. Even if Finance,
Company retakes the Vehicle, You must still pay at once: (a) ind
diffasence, it any, between the Unpaid Adjusted Capitalized Cost and
the Falr Markel WholeSale Value, plus (b) all other amounts then due
under this tease. You must atso pay all expenses, Including reasonable
Atloiney’s fees, payable by Finance Company to obtain and hold the
Vehicle, collect amounts due afd enforce Holder's rights under this
Jease. You authorize Finance Company to cancel Your insurance and
apply any proceeds to Your obligation.

30, ASSIGNMENT AND ADMINISTRATION When You and Lessor sign
this lease, Lessor will assign it to Holder. Finance Company or a
substitute will administer this lease. You must thén pay afl amounts due
under this lease to Finance Company. All payments must ba made in -
US. funds.

If Finance Company Is not the Holder of this !ease, Holder has. appointed
Finance Company as Its agent. As agent for Holder, Finance Company
has the power to act on Holder's behalf to administer, enforce, and
defend this lease. 1 Lessor has agreed to repair or maintain the Vehicle,
obtain any Insurance or perform any other service, You will look only

* to the Lessor for these services.

31. TAXES You wifl promptly pay all fees, charges, and taxes relating lo
"the lease or Vehicle (except for Lessor’s or Holder's income taxes). You

will pay these amounts even if they ara assessed atter lease end.

32, TITLING The Vehicie wil be fitfed in the nama of Holder. You will register

the Vehicle as directed by Finance Company. You will pay all fcense,
fitle and registration costs. .

33. INDEMNITY You. willindemnity and hold harmless Lessor, Finance
Company and Holder and thelr assigns from any loss or damage to the
Vehicle and its contents: and from ail claims, losses, injuries, expenses
and costs related to the use, maintenance, or condition of the Vehicle.
“You will promptty pay all fines dnd tickets imposed on the Vehicle or its
Griver. If You do not pay, You will reimburse Finante Company and pay
a $20 administration fee, uritess prohibited by law, for every such Sine,

ticket, or penalty that must be paid on Your behalf. .

34, SECURITY DEPOSIT Your security deposit may be used by Finance
Company to pay alf amounts that You fail to pay under this lease. You
will not receive any interest, profits or other eamings on Your security
deposit(s).

38. CONSUMER REPORTS:'You authorize Finance Company and Hotder
to obtain cohsumer credit reports from consumer reporting agencies
{erédit bureaus) for any reason and at any time in connection with this
lease.

36. GENERAL Except as otherwise provided by the law of the state where

You reside, the law that will apply to this lease Is the law of the state

where the Lessors place of business is, as set forth on the front of the

lease. If that law does not allow any of the agreements in this lease,
the ones that are not allowed will be void, The rest of this lease will still
be good.

ARBITRATION PROVISION

Arbitration Is a method of resolving any claim, dispute, or controversy (collectively, a.*Claim’) without filing a lawsuit in court. Either You or Lessor/Finar
Company/Holder (‘us* or *we") (each, a “Party") may choose at any time, including after a lawsuit is filed, to have any Claim related fo this contr:
decided by arbitration. Such Claims include but ara nol limited to the foltowing: 1) Claims In contract, tort, regulatory or otherwise; 2) Claims regarding 1
Interpretation, scope, or validity of this clause, or arbitrability of any issue; 3) Claims between You and us, our employees, agents, successors, assigi
subsidiaries, or affiliates; 4) Claims arising out of or relating to your application for credit, this contract, or any resulting transaction or relationship, includ
that with the deafer, or any such relationship with third parties who do not sign this contract. . . .

RIGHTS YOU_AND WE AGREE TO GIVE uP
if either You or we choose to arbitrate a Clai

, then You and we agrée to walve the following rights:

* RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY
“+ RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HA
AGAINST US WHETHER iN COURT OR IN ARBITRATION
= BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT :
* RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR
* OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT

Bights You And We Do Not Give Up: If a Claim is arbitrated, You and we will continue to have the following rights, without waiving this arbitration pn

sion as to any Claim: 1) Right to ile bankruptcy In court; 2) Right to enforce the ownership’ interest In the vehicle, whether by repossession or throug
court of law, 3) Right to take tegal action to enforce the arbitrator's decision; and 4) Right to request that a court of law review whether the arbitr:
exceeded ils authority.

Either Party must coniact any association below and the other Parly to start arbitration, The applicable ‘rules (ihe "Rutes*) may be oblained from the ag
ciation.

* American Arbitration Association ("AAA"), at 1-800-778-7879, or www.adr. org:

+ JAMS/JEndispule, at 1-800-448-1660, of Wiww.jamsadr.com:

+ National Arbitration Forum, at 1-800-474-2371, of wew.arb-forum.com,
Mf thete is a conflicl between the Rules’ and this contract, this contract shall govern. This contract is subject to the Federat Arbitration
(9 U.S.C. § 1 et seq.) and the Federal Rules of Evidence. The arbitration decision shall be in wailing with a supporting opinion. We will pay your total 1

sonable arbitration fees and expenses {not including attorney fees, excep! where appficable law otherwise provides) in excess of $125. We will pay
whole filing tee if we demand arbitration first. Any portion of this arbitration clause thal is unenlorceable shall be severed, and the remaining provisi
shall be enforced.

YC 19002-P Jul 04

wating.

SCE ATU CINE RAN ENnPTARLT INCA REATION