Preview
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022
EXHIBIT 1
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022
LW 553-NJ-ARB-e 11/19
RETAIL INSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE
(WITH ARB1TRATION PROVISION)
Buyer Name and Addrees Co-Buyer Name and Address Seller-Creditor
(Name and Address)
(including
Countyand zipCode) County and Zip Code)
(including
EVELYNADAMES N/A PAULMILLERHONDAOFWESTCALDWELL
5 E 196ST507 1170BLOOMFIELDAVENUE
BRONX,BNnx, NY 10468 WESTCALDWELL,NJ07006
You, the Buyer (and Co-Buyer, If any),
may buy thevehicle below forcash or on credit.
By signing thiscontract,you choose to buy the vehicleon
- Creditor "we" "us"
creditunder the agreements in this
contract.You agree to paythe Seller (sometimes or in thiscontract)theAmount Financed
and Finance Charge In U.S. funds
according payment
to the schedule below.We will
figureyour financecharge on a dally
basis.The Truth-In-Lending
Disclosures below are partof this
contract.
New/Used Year Make and Model VehicleIdentification
Number PrimaryUse For WhichPurchased
Personal, family, or household unless
otherwise indicated below
USED 2018 HondaPilot 5FNYF6H99JB019219 O business
O agricultural O N/A
FEDETlnt'tR -IN-LENDING DISCLQ 4URES Used Car Buyers Guide. The informa-
ANNUAL FI E oqn td-ef To tio he window form for
PERCENTAGE C GE i ant e ( rr ent r e
r unt h I e i art of this contract.
RATE T Ilar T e moi n of ea h t 1 cos o
The cost of a he cr d pro i ed il a gaid af er rp r has o n matl n n the window form
your credit as cre to o 3r u ha e m c editiclud n V r e a provisions In
rate.
a yearly cost on ourtS as y contrary
. ay y
scheduled. payment of the contract o sale.
$ 0.00 is Spanish Translation: Guia para
12.55 % 14,345,35 $ 32,929.13 $ 47,274.48 $ 47.274.48 compradores de vehiculos usados. La
__
Informaclón que ve en elformularlo de
Your Payment Schedule Will Be: (e) means an estimate
Number of Amount of la ventanilla para este vehiculo forma
When Pa ents
Payments Payments Are D e parte del presente contrato. La
información del formulario de la
72
$ 656.59 Monthlybeginning07/09/2021 ventanilla deja sin efecto toda
. One Final disposición en contrario contenlda en
Payment Of $ N/A On N/A contrato venta.
el de
N/A
If this box is checked,
the following
late charge
appliesto vehicles
purchased for business
primarily
' or agricultural
use.
If payment is not received in full within
Late charge. days afte is us, y uIll p y a lat
harg o
__5._..% of the part of the payment that is late. If the veh
opriDia for fami y,rh hold us If a payment is not received in fullwithin
10,000
and the cash price is $ or less, the charge for each late payment will be $ _ 1
. N/A days after it is due, you will pay a
late oharge of $ N/A or N/A
Prepayment. If you pay early, you will not have to pay a penalty.
ou are giving a security interest in the vehicle being purchased.
Interest. of the part of the payment that is late, whichever is less.
Security
box
If this isnotchecked, thelatecharge in the
Additional See this contract for
Information: more information about
information including nonpayment,
Disclosures"
still applies.
"FederalTruth-In-Lending
default, any required repayment in full before the scheduled date and security interest.
NO COOLING OFF PERIOD
off"
State law does not provide for a "cooling or cancellation period for this sale. After you sign this contract,
you may only cancel It Ifthe seller agrees or for legal cause.You cannot cancel this contract simply because
you change your mind.This notice does not apply to home solicitation sales.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
The preceding NOTICE applies only to goods or services obtained primarily for personal, family,or household use. In allother
cases, Buyer wlB not assert against any subsequent holder or assignee of thiscontract any claims ordefenses the Buyer (debtor)
may have against the Seller,or against the manufacturer of the vehicle or equipment obtained under this contract.
Agreement to Arbitrate: By signing below,you agree that, pursuantto the ArbitrationProvisionon page 4 of this contract,you or we may elect to resolve any dispute by neutral,binding
arbitrationand not by a court action,See the ArbitrationProvisionfor additionalinformationconceming the agreementto arbitrate.
RuyerSignW Co-BuyerSigns WNIA
LAW 553-NJ-ARB-e 11/19 vi Page 1 of 5
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022
ITEMIZATIONOF AMOUNTFINANCED Insurance. You may buy the physical damage insurance
this contract requires from anyone you choose who is
1 Cash Price (including$ 2,659.78 sales tax) $ 29,130.13 (1) acceptableto us.Youmay also providethe physicaldamage
insurancethroughan existingpolicy ownedor controlledby
you that is acceptableto us.Youare not requiredto buyany
2 TotalDownpayment=
other insuranceto obtaincredit.
THIS DOES NOT INCLUDE INSURANCE ON
(Y r) (Make) (Model)
YOUR LIABILITY FOR BODILY INJURY OR
GrossTrade-InAllowance $ N/A PROPERTY DAMAGE. WITHOUT SUCH
Less Pay Off Made By Sellerto N/A $ N/A YOU MAY NOT OPERATE THIS
INSURANCE,
EqualsNetTradeIn $ N/A VEHICLE ON PUBLIC HIGHWAYS.
N/A Ifany insurance is
checkedbelow,policies
or
+ Cash $
certificates frorn the named insurance companies will
+ OtherN/A $ N/A describethe terms and conditions.
+ OtherN/A $ N/A
Check the insurance you want and sign below:
+ OtherN/A $ N/A Optional Credit Insurance
"0" 0.00
and see 4J below)
(If total downpaymentis negative,enter $ (2) ¡ D
Credit Life: Buyer O Co-Buyer O Both
3 UnpaidBalanceof Cash Price (1 minus 2) $ 29,130.13 (3) O O Buyer
credit Disability: O Co-Buyer O Both
4 Other Charges IncludingAmounts Paidto Otherson YourBehalf Premium:
(Seller may keep part of these amounts): Credit Life $ N/A
A Cost of OptionalCredit InsurancePaidto Insurance Companyor Companies· Credit Disability$ N/A
Life $ N/A InsuranceCompany Name
Disability /7 $ N/A $ N/A N/A
B Other Optional Insurance aiÓto insurance CoDp inyWC3mp
le N/A
C Official Fees Paidto Gov inrbent Agencies N/
to N/A for N/A nNT $ N//1 Cr it ife ins
anc3 ind credit disability insuranceare not
win e o GI°Le°L°ac°tdit
to N/A rs/A \ N/Å
891, esis°u
to N/A for N/A $ N/A inthe creditapprovalprocess.Theyw IInot beprovidedunless
you sign and agreeto pay the extra cost. If you choosethis
D Optional Gap Contract $ 850 00
insurance,the cost is shownin Item4A of the Itemizationof
E SupplementalTitle Fee $ N/A AmountFinanced.Creditlifeirisurancepaysthe uripaidpartof
the amountfinancedIf you die.
his insurancepays only the
F VehicleTire Fee $ N/A amountyou wouldowe if you paidall yourpaymentson time.
8 G GovemmentTaxesNot Includedin Cash Price $ N/A Credit disabilityinsurancepaysthe scheduledpaymentsdue
underthiscontractwhileyouaredisabled.Thisinsurancedoes
H GovernmentLicenseand/or RegistrationFees
not cover any increasein your
aymentor in the numberof
N/A payments.The policiesor certiicates issued by the named
insuranceSmpanies mayfurtherlimitthe coveragethatcredit
Re istration
Fee 300.00
life or credit disabilityinsuranceprovides.See the policiesor
I GovernmentCertificateof Title Fees $ N/A certificatesforcoveragelimitsandothertermsandconditions.
898
J OtherCharges (Sellermust identifywho is paid and describepurpqs nÓson e r gi a due date or the
st n
y
to N/A for Prior Creditøf Id,ase Bala¾
$ N/A unlessa differenttermforthe insuranceis shownbelow.
- >
to Dealer Fee
for Document 'o 99%Q
to HondaCare for ServiceC ntr ct $ 2 Ï50h0
to N/A for N/A $ N/A
to N/A for N/A N/A Other Optional Insurance
to N/A for N/A N/A O N/A N/A
$
N/A Type of Insurance Term
to N/A for N/A $
to N/A for N/A $ N/A Premium $ N/A
to N/A for N/A . $ N/A Insurance Company Name
to N/A for N/A $ N/A N/A
TotalOther Chargesand Amounts Paidto Others on Your Behalf $ 3,799.00 (4) Home Office Address
5 Amount Financed(3 + 4) 32.929.13 N/A
$ (5)
O N/A N/A
Typeof Insurance Term
OPTION: ¡ You pay no financecharge if the
Amount Financed, item5, is paid on or before
in full
N/A N/A N/A Premium $ N/A
, Year . SELLER'S INITIALS
Insurance Company Name
OPTl0NALGAP CONTRACT. N/A
A gap contract(debtcancellationcontract)is not requiredto obtaincreditandwill notbe provided
the chargeis shownin item4Dof the
unlessyousignbelowandagreeto paytheextracharge.If youchooseto buya gap contrac1, Home Office Address
ofAmountFinanced.Seeyourgapcontractfordetailsonthe termsandconditionsit provides.Itis a partof thiscontract.
Itemization N/A
72 axiom Otheroptionalinsuranceis not requiredto obtaincredit.Your
Term Mos.
decisionto buy or not buyotheroptionalinsurancewilinot be a
Nameof Gap Contract
factor in the credit approvalprocess.It will not be provided
I want to buy a gap contract. unlessyousignandagreeto pay the extracost.
RilyPrSigQ I Wantthe insurancecheckedabove.
X N/A N/A
20
Returned Check Charge: You agree to pay a charge of $ if any check you give us is dishonored.11
BuyerSignature Date
the Vehicleis primarily for personal,family, or householduse and the cash price is greater than $10,000, or the Vehicle
is for businessor agricultural use, you also agree to pay a charge of $20 if any electronicpaymentis returned unpaid.
x N/A N/A
Co-BuyerSignature Date
LAW 553-NJ-ARB-e 11/19 vi Page 2 of 5
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS 11the vehicleis lost
or damaged, you agree thatwe may use
a. How w,e will figure Finance Charge. We willfigure the any Insurance settlement to reduce what you owe orrepair
Finance Charge on a dailybasis at theAnnual Percentage the vehicle.
Rate on the unpaid partof theAmount Financed. e. What happens to returned insurance, maintenance,
b. How we willapply payments. We may applyeach payment service, or other contract charges, If weget a refundon
to theearned and unpaid part of theFinance Charge, to the insurance, maintenance, service,or othercontract charges,
unpaid part ofthe Amount Financed and to otheramounts you agree thatwe may subtractthe refund from what you
you owe under thiscontractin any order we choose as the owe.
law allows.
c. How latepayments or earlypayments change what you 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
must pay. We based theFinance Charge, Totalof Payments, a. You may owe latecharges. You willpay a latecharge on
and TotalSale Priceshown on page 1 of this
contracton the each latepayment as shown on page 1 ofthis contract.
assumption that youwillmake every payment on the dayit is Acceptance payment
of a late or latecharge does not excuse
due. YourFinance Charge, Totalof Payments, and TotalSale your latepayment or mean thatyou may keep making late
Price will
be more If youpay late and less If youpay early. payments.
Changes may take the form of a largeror smaller final If youpay we
late, may alsotakethe stepsdescribed below.
payment or,at our option,more or fewer payments of the b. You may have to pay allyou owe at once.11you break your
same amount as your scheduled payment with a smaller promises we
(default), may demand thatyou pay allyou owe
finalpayment. We willsend you a noticetellingyou about on thiscontractat once.Defaultmeans:
'
these changes befo a scheduled payment is due. " You do not payment on time;
pay any
d. You prepay. u may allorpart of theun ) id " You give false, incomplete,or information
may pay misleading
partof the Amo nt Financed y ti ult né dyfl edit p ti ,
you do so,you u t paythe ear ed an un t o te Y u st a ce 4 g i bankruptcy or one isstarted
Finance Charge n all other
am u its o up h da e of a ains ou o your ro e ty; or
your payment. Y u br ka e t in this
contract,
w w e unpaid partof the Amount
2. YOUR OTHER PROMISES TO US Financed plus the eamed and unpaid part ofthe Finance
a. Ifthe vehicle isdamaged, destroyed, or missing. You Charge, any latecharges, and anyamounts due because you
agree to pay us allyou owe under thiscontract even If the defaulted.
vehicleis damaged, destroyed,or missing. c. You may have topay collectioncosts.If wehirean attorney
b. Using the vehicle.You agree not to remove thevehiclefrom who is notoursalariedemployee to collect
what you owe,you
the U.S. orCanada, or to sell,rent,lease,or transferany willpay the attorney'sreasonablefee and court coststhe law
interestIn the vehicleor this contractwithout our written permits. Ifthe vehicle isprimarilyfor personal, family,or
permission.You agree not toexpose thevehicle tomisuse, household use and the cash priceis $10,000 or less,the
seizure,confiscation,or involuntarytransfer.Ifwe pay any maximum attorney'sfeeyou willpay will
be $100 plus10% of
repair storage
bills, bills,taxes,fines, or charges on the the excess over $500 of the amount due when we hire the
vehicle,you agree torepay the amount w k forit. attomey.
c. Security Interest. d. We may take thevehicle from you. If youdefault,
we may take
You give interest
us a security in: (r es e vehiclefrom youIf we do so peacefully
and the
" The vehicleand all
parts or goo s ut on it; w we .Ifyourvehicle has an electronic device
tracking
}
" All money or goods received(pro e v
for the h cle; uc PS),you agree that we may use the device
to find the
ds)
" Allinsurance,maintenance, servi , r othe on . ts ehicl I e take the vehicle,
any accessories,equipment, and
we finance for you;
and replac entparts willstay withthe vehicle.Ifany personal
" Allproceeds from insurance,maintenance, service,or ite e In the vehicle,
we may storethem for you.If you do not
other contractswe finance foryou. This includesany ask or these items back,we may dispose of them as thelaw
refunds of premiums or charges from thecontracts. allows.
This secures payment ofall youowe on thiscontract.It also e. How you can get the vehicle back ifwe take it.Ifwe
secures your otheragreements contract.You
in this willmake repossess the vehicle,
you may pay to getit back
(redeem).We
sure thetitle
shows our securityinterest in the
(Ilen) vehicle. willtell
you how much to pay to redeem.Your rightto redeem
You willnotallow any othersecurityinterestto be placedon ends when we sellthe vehicle.
the title
without our writtenpermission. f. We willsellthe vehicle if youdo notget If you
it back. do not
d. Insurance you must have on the vehicle. redeem, We will send
we will sell the vehicle. notice
you a written
You agree to have physicaldamage insurance covering loss of salebeforesellingthe vehicle.
of or damage to thevehiclefor theterm of thiscontract.
The We willapply themoney from the sale,
less allowedexpenses,
insurance must cover ourInterestin the vehicle.You
agree to to the amountyou owe. Allowedexpenses are expenses we pay
name us on your insurance policy as an additionalinsured as a direct
resultof taking
the vehicle,
holdingit,
preparing it for
and as losspayee. do not
If you have thIsInsurance,we may, sale, It. Attomey
and selling fees and courtcoststhe law permits
if wechoose, buy physicaldamage insurance.If wedecide are alsoallowedexpenses. If any moneyis left (surplus),
we will
to buy physical damage Insurance, we may eitherbuy pay It to you
unless the us to pay it to someone
law requires else.
Insurance that covers your interestand our interestin the If moneyfrom the sale to pay the amount
is not enough you owe,
vehicle,or buyinsurance thatcovers only our interest
to the you must pay therestto us. If you
do not pay this
amount when
extent permittedby applicable law.if we buy eithertype of we ask,we may charge you at a rate
interest not exceeding the
insurance, we willtellyou which type and the charge you highestlawfulrateuntilyou pay.
must pay. The charge willbe the premium forthe insurance
and a finance charge computed atthe Annual Percentage
Rate shown on page 1 ofthiscontractor,at our option,the
highest ratethe lawpermits.
LAW SS3-NJ-ARB-e 11/19 vi Page 3 of 5
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022
g. What we may do about optional insuranoe, maintenance,
service,or othercontracts.This contractmay containcharges 7. Applicable Law
for optional
Insurance,maintenance,service,or othercontracts. Federal law and the law ofthe stateof New Jersey apply tothis
If wedemand thatyou owe
pay all you at onceor we repossess contract.
the we
vehicle, may claim benefitsunder these contractsand
cancel them to obtainrefundsof uneamed charges toreduce Electronic Contracting and Signature Acknowledgment.
what you owe or repairthe vehicleas thelaw allows. If
the You agree that this
(i) contract Is an electroniccontract executed
vehicle loss
Is a total because It is confiscated,
damaged, or by you using your electronic signature, (ii)your electronic
stolen,we may claimbenefitsunder these contracts
and cancel signature signifies your intentto enter intothiscontract and that
them refunds
to obtain of uneamed charges to reducewhat you thiscontract be legally validand enforceable in accordance with
owe. itsterms tothe same extent as if youhad executed this contract
using your written signature and the
(iii) authoritative copy of
4. WARRANTIES SELLER DISCLAIMS thiscontract ("Authoritative shallbe thatelectronic
Copy") copy
Unless the Sellermakes a written warranty, or enters intoa that resides in adocument management system designated by
service contract within 90 days from the date ofthis contract, us for the storage of authoritative copies ofelectronic records,
the Seller makes no warrantles, express or implied, on the which shall be deemed held us in the course
by ordinary of
vehicle, and there will be no implied warranties of business. the ifthe Authoritative
Notwithstanding foregoing,
merchantability orof fitnessfor a particularpurpose" is converted apaper which is
Copy by printing copy marked by
This provisiondoes not affect
any warrantles covering thevehicle us as the (the "Paper then you
original Contract"), acknowledge
thatthe vehiclemanufacturer may provide. and your of this contract
agree that (1) signing with your
electronic signature also constitutes issuance and delivery of
5. Servicing and Collecti onta . such Paper Contract, (2)your electronic signature associated
You agree thatwe ma t toconta t I w ing, ,
-mp t , wh fi the Paper Contract,
e
using prerecorded/art ic al
voice mess (es, t ssa es, a d
c tittes y u le a ly Èn b n ing signature on the Paper
automatic telephone lal ngsystems, s the aI . Youal o
' C n ra t an (3) au quent t such conversion, your
agree thatwe may try t c ntactyo e se a of r a a y o I ati us w 11be v d t e Paper Contract alone.
address or telephonenu rovi epl.
number phone
is a cell number or thecontactresultsin a chargeto
you.
ARBITRATION PROVISION
PLEASE REVIEW - IMPORTANT - AFFECTSYOUR LEGAL RIGHTS
t EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR
B Y JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND RIGHTS TO APPEAL I TION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER
RIGHTS THAT YOU AND WE WOULD H IN COU T MAY NOT BE AVAILABLE INARBITRATION.
Any claim ordispute, whether in contract,t rtstatute or of Ie i I eT¶t rpr tion and scope of thisArbitrationProvision,
and the of
arbitrability the claim ordispute), b tween you n us r u mp y es, a e , successors or assigns, which arises out of
or relatesto yourcreditapplication,purchas o condition f th s veic e, is cot act resultingtransaction orrelationship(including
any such relationship with thirdparties who t s o act al , t you our election, be resolved by neutral, binding
arbitrationand not by a court action. If federala ovides t a clai o ispute is of subject to binding this
arbitration, Arbitration
Provision shallnot apply tosuch claim or dispute.Any claim or dispute i o be arb d by a singlearbitratoron an individualbasis and
not as a class action.You expressly waive right
you may have to ar i ate a c ss action.You may choose the American Arbitration
any
Association (www.adr.orq) or any other organization toconduct thearbitrationsubject toour approval. You may get a copy of the rulesof
an arbitrationorganization by contacting the organization orvisitingitswebsite.
Arbitratorsshallbe attorneys or retiredjudges and shallbe selected pursuant to the applicable rules.
The arbitratorshallapply goveming
substantive law and the applicable statute oflimitations.
The arbitrationhearing shall be conducted inthe federal in
district which you
reside unless the Seller-Creditoris a partytothe claim or dispute, in whichcase thehearing willbe held in thefederaldistrictwhere this
contract was executed. We willpa
Preview
FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022 EXHIBIT 1 FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022 LW 553-NJ-ARB-e 11/19 RETAIL INSTALLMENT SALE CONTRACT - SIMPLE FINANCE CHARGE (WITH ARB1TRATION PROVISION) Buyer Name and Addrees Co-Buyer Name and Address Seller-Creditor (Name and Address) (including Countyand zipCode) County and Zip Code) (including EVELYNADAMES N/A PAULMILLERHONDAOFWESTCALDWELL 5 E 196ST507 1170BLOOMFIELDAVENUE BRONX,BNnx, NY 10468 WESTCALDWELL,NJ07006 You, the Buyer (and Co-Buyer, If any), may buy thevehicle below forcash or on credit. By signing thiscontract,you choose to buy the vehicleon - Creditor "we" "us" creditunder the agreements in this contract.You agree to paythe Seller (sometimes or in thiscontract)theAmount Financed and Finance Charge In U.S. funds according payment to the schedule below.We will figureyour financecharge on a dally basis.The Truth-In-Lending Disclosures below are partof this contract. New/Used Year Make and Model VehicleIdentification Number PrimaryUse For WhichPurchased Personal, family, or household unless otherwise indicated below USED 2018 HondaPilot 5FNYF6H99JB019219 O business O agricultural O N/A FEDETlnt'tR -IN-LENDING DISCLQ 4URES Used Car Buyers Guide. The informa- ANNUAL FI E oqn td-ef To tio he window form for PERCENTAGE C GE i ant e ( rr ent r e r unt h I e i art of this contract. RATE T Ilar T e moi n of ea h t 1 cos o The cost of a he cr d pro i ed il a gaid af er rp r has o n matl n n the window form your credit as cre to o 3r u ha e m c editiclud n V r e a provisions In rate. a yearly cost on ourtS as y contrary . ay y scheduled. payment of the contract o sale. $ 0.00 is Spanish Translation: Guia para 12.55 % 14,345,35 $ 32,929.13 $ 47,274.48 $ 47.274.48 compradores de vehiculos usados. La __ Informaclón que ve en elformularlo de Your Payment Schedule Will Be: (e) means an estimate Number of Amount of la ventanilla para este vehiculo forma When Pa ents Payments Payments Are D e parte del presente contrato. La información del formulario de la 72 $ 656.59 Monthlybeginning07/09/2021 ventanilla deja sin efecto toda . One Final disposición en contrario contenlda en Payment Of $ N/A On N/A contrato venta. el de N/A If this box is checked, the following late charge appliesto vehicles purchased for business primarily ' or agricultural use. If payment is not received in full within Late charge. days afte is us, y uIll p y a lat harg o __5._..% of the part of the payment that is late. If the veh opriDia for fami y,rh hold us If a payment is not received in fullwithin 10,000 and the cash price is $ or less, the charge for each late payment will be $ _ 1 . N/A days after it is due, you will pay a late oharge of $ N/A or N/A Prepayment. If you pay early, you will not have to pay a penalty. ou are giving a security interest in the vehicle being purchased. Interest. of the part of the payment that is late, whichever is less. Security box If this isnotchecked, thelatecharge in the Additional See this contract for Information: more information about information including nonpayment, Disclosures" still applies. "FederalTruth-In-Lending default, any required repayment in full before the scheduled date and security interest. NO COOLING OFF PERIOD off" State law does not provide for a "cooling or cancellation period for this sale. After you sign this contract, you may only cancel It Ifthe seller agrees or for legal cause.You cannot cancel this contract simply because you change your mind.This notice does not apply to home solicitation sales. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The preceding NOTICE applies only to goods or services obtained primarily for personal, family,or household use. In allother cases, Buyer wlB not assert against any subsequent holder or assignee of thiscontract any claims ordefenses the Buyer (debtor) may have against the Seller,or against the manufacturer of the vehicle or equipment obtained under this contract. Agreement to Arbitrate: By signing below,you agree that, pursuantto the ArbitrationProvisionon page 4 of this contract,you or we may elect to resolve any dispute by neutral,binding arbitrationand not by a court action,See the ArbitrationProvisionfor additionalinformationconceming the agreementto arbitrate. RuyerSignW Co-BuyerSigns WNIA LAW 553-NJ-ARB-e 11/19 vi Page 1 of 5 FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022 ITEMIZATIONOF AMOUNTFINANCED Insurance. You may buy the physical damage insurance this contract requires from anyone you choose who is 1 Cash Price (including$ 2,659.78 sales tax) $ 29,130.13 (1) acceptableto us.Youmay also providethe physicaldamage insurancethroughan existingpolicy ownedor controlledby you that is acceptableto us.Youare not requiredto buyany 2 TotalDownpayment= other insuranceto obtaincredit. THIS DOES NOT INCLUDE INSURANCE ON (Y r) (Make) (Model) YOUR LIABILITY FOR BODILY INJURY OR GrossTrade-InAllowance $ N/A PROPERTY DAMAGE. WITHOUT SUCH Less Pay Off Made By Sellerto N/A $ N/A YOU MAY NOT OPERATE THIS INSURANCE, EqualsNetTradeIn $ N/A VEHICLE ON PUBLIC HIGHWAYS. N/A Ifany insurance is checkedbelow,policies or + Cash $ certificates frorn the named insurance companies will + OtherN/A $ N/A describethe terms and conditions. + OtherN/A $ N/A Check the insurance you want and sign below: + OtherN/A $ N/A Optional Credit Insurance "0" 0.00 and see 4J below) (If total downpaymentis negative,enter $ (2) ¡ D Credit Life: Buyer O Co-Buyer O Both 3 UnpaidBalanceof Cash Price (1 minus 2) $ 29,130.13 (3) O O Buyer credit Disability: O Co-Buyer O Both 4 Other Charges IncludingAmounts Paidto Otherson YourBehalf Premium: (Seller may keep part of these amounts): Credit Life $ N/A A Cost of OptionalCredit InsurancePaidto Insurance Companyor Companies· Credit Disability$ N/A Life $ N/A InsuranceCompany Name Disability /7 $ N/A $ N/A N/A B Other Optional Insurance aiÓto insurance CoDp inyWC3mp le N/A C Official Fees Paidto Gov inrbent Agencies N/ to N/A for N/A nNT $ N//1 Cr it ife ins anc3 ind credit disability insuranceare not win e o GI°Le°L°ac°tdit to N/A rs/A \ N/Å 891, esis°u to N/A for N/A $ N/A inthe creditapprovalprocess.Theyw IInot beprovidedunless you sign and agreeto pay the extra cost. If you choosethis D Optional Gap Contract $ 850 00 insurance,the cost is shownin Item4A of the Itemizationof E SupplementalTitle Fee $ N/A AmountFinanced.Creditlifeirisurancepaysthe uripaidpartof the amountfinancedIf you die. his insurancepays only the F VehicleTire Fee $ N/A amountyou wouldowe if you paidall yourpaymentson time. 8 G GovemmentTaxesNot Includedin Cash Price $ N/A Credit disabilityinsurancepaysthe scheduledpaymentsdue underthiscontractwhileyouaredisabled.Thisinsurancedoes H GovernmentLicenseand/or RegistrationFees not cover any increasein your aymentor in the numberof N/A payments.The policiesor certiicates issued by the named insuranceSmpanies mayfurtherlimitthe coveragethatcredit Re istration Fee 300.00 life or credit disabilityinsuranceprovides.See the policiesor I GovernmentCertificateof Title Fees $ N/A certificatesforcoveragelimitsandothertermsandconditions. 898 J OtherCharges (Sellermust identifywho is paid and describepurpqs nÓson e r gi a due date or the st n y to N/A for Prior Creditøf Id,ase Bala¾ $ N/A unlessa differenttermforthe insuranceis shownbelow. - > to Dealer Fee for Document 'o 99%Q to HondaCare for ServiceC ntr ct $ 2 Ï50h0 to N/A for N/A $ N/A to N/A for N/A N/A Other Optional Insurance to N/A for N/A N/A O N/A N/A $ N/A Type of Insurance Term to N/A for N/A $ to N/A for N/A $ N/A Premium $ N/A to N/A for N/A . $ N/A Insurance Company Name to N/A for N/A $ N/A N/A TotalOther Chargesand Amounts Paidto Others on Your Behalf $ 3,799.00 (4) Home Office Address 5 Amount Financed(3 + 4) 32.929.13 N/A $ (5) O N/A N/A Typeof Insurance Term OPTION: ¡ You pay no financecharge if the Amount Financed, item5, is paid on or before in full N/A N/A N/A Premium $ N/A , Year . SELLER'S INITIALS Insurance Company Name OPTl0NALGAP CONTRACT. N/A A gap contract(debtcancellationcontract)is not requiredto obtaincreditandwill notbe provided the chargeis shownin item4Dof the unlessyousignbelowandagreeto paytheextracharge.If youchooseto buya gap contrac1, Home Office Address ofAmountFinanced.Seeyourgapcontractfordetailsonthe termsandconditionsit provides.Itis a partof thiscontract. Itemization N/A 72 axiom Otheroptionalinsuranceis not requiredto obtaincredit.Your Term Mos. decisionto buy or not buyotheroptionalinsurancewilinot be a Nameof Gap Contract factor in the credit approvalprocess.It will not be provided I want to buy a gap contract. unlessyousignandagreeto pay the extracost. RilyPrSigQ I Wantthe insurancecheckedabove. X N/A N/A 20 Returned Check Charge: You agree to pay a charge of $ if any check you give us is dishonored.11 BuyerSignature Date the Vehicleis primarily for personal,family, or householduse and the cash price is greater than $10,000, or the Vehicle is for businessor agricultural use, you also agree to pay a charge of $20 if any electronicpaymentis returned unpaid. x N/A N/A Co-BuyerSignature Date LAW 553-NJ-ARB-e 11/19 vi Page 2 of 5 FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022 OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS 11the vehicleis lost or damaged, you agree thatwe may use a. How w,e will figure Finance Charge. We willfigure the any Insurance settlement to reduce what you owe orrepair Finance Charge on a dailybasis at theAnnual Percentage the vehicle. Rate on the unpaid partof theAmount Financed. e. What happens to returned insurance, maintenance, b. How we willapply payments. We may applyeach payment service, or other contract charges, If weget a refundon to theearned and unpaid part of theFinance Charge, to the insurance, maintenance, service,or othercontract charges, unpaid part ofthe Amount Financed and to otheramounts you agree thatwe may subtractthe refund from what you you owe under thiscontractin any order we choose as the owe. law allows. c. How latepayments or earlypayments change what you 3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES must pay. We based theFinance Charge, Totalof Payments, a. You may owe latecharges. You willpay a latecharge on and TotalSale Priceshown on page 1 of this contracton the each latepayment as shown on page 1 ofthis contract. assumption that youwillmake every payment on the dayit is Acceptance payment of a late or latecharge does not excuse due. YourFinance Charge, Totalof Payments, and TotalSale your latepayment or mean thatyou may keep making late Price will be more If youpay late and less If youpay early. payments. Changes may take the form of a largeror smaller final If youpay we late, may alsotakethe stepsdescribed below. payment or,at our option,more or fewer payments of the b. You may have to pay allyou owe at once.11you break your same amount as your scheduled payment with a smaller promises we (default), may demand thatyou pay allyou owe finalpayment. We willsend you a noticetellingyou about on thiscontractat once.Defaultmeans: ' these changes befo a scheduled payment is due. " You do not payment on time; pay any d. You prepay. u may allorpart of theun ) id " You give false, incomplete,or information may pay misleading partof the Amo nt Financed y ti ult né dyfl edit p ti , you do so,you u t paythe ear ed an un t o te Y u st a ce 4 g i bankruptcy or one isstarted Finance Charge n all other am u its o up h da e of a ains ou o your ro e ty; or your payment. Y u br ka e t in this contract, w w e unpaid partof the Amount 2. YOUR OTHER PROMISES TO US Financed plus the eamed and unpaid part ofthe Finance a. Ifthe vehicle isdamaged, destroyed, or missing. You Charge, any latecharges, and anyamounts due because you agree to pay us allyou owe under thiscontract even If the defaulted. vehicleis damaged, destroyed,or missing. c. You may have topay collectioncosts.If wehirean attorney b. Using the vehicle.You agree not to remove thevehiclefrom who is notoursalariedemployee to collect what you owe,you the U.S. orCanada, or to sell,rent,lease,or transferany willpay the attorney'sreasonablefee and court coststhe law interestIn the vehicleor this contractwithout our written permits. Ifthe vehicle isprimarilyfor personal, family,or permission.You agree not toexpose thevehicle tomisuse, household use and the cash priceis $10,000 or less,the seizure,confiscation,or involuntarytransfer.Ifwe pay any maximum attorney'sfeeyou willpay will be $100 plus10% of repair storage bills, bills,taxes,fines, or charges on the the excess over $500 of the amount due when we hire the vehicle,you agree torepay the amount w k forit. attomey. c. Security Interest. d. We may take thevehicle from you. If youdefault, we may take You give interest us a security in: (r es e vehiclefrom youIf we do so peacefully and the " The vehicleand all parts or goo s ut on it; w we .Ifyourvehicle has an electronic device tracking } " All money or goods received(pro e v for the h cle; uc PS),you agree that we may use the device to find the ds) " Allinsurance,maintenance, servi , r othe on . ts ehicl I e take the vehicle, any accessories,equipment, and we finance for you; and replac entparts willstay withthe vehicle.Ifany personal " Allproceeds from insurance,maintenance, service,or ite e In the vehicle, we may storethem for you.If you do not other contractswe finance foryou. This includesany ask or these items back,we may dispose of them as thelaw refunds of premiums or charges from thecontracts. allows. This secures payment ofall youowe on thiscontract.It also e. How you can get the vehicle back ifwe take it.Ifwe secures your otheragreements contract.You in this willmake repossess the vehicle, you may pay to getit back (redeem).We sure thetitle shows our securityinterest in the (Ilen) vehicle. willtell you how much to pay to redeem.Your rightto redeem You willnotallow any othersecurityinterestto be placedon ends when we sellthe vehicle. the title without our writtenpermission. f. We willsellthe vehicle if youdo notget If you it back. do not d. Insurance you must have on the vehicle. redeem, We will send we will sell the vehicle. notice you a written You agree to have physicaldamage insurance covering loss of salebeforesellingthe vehicle. of or damage to thevehiclefor theterm of thiscontract. The We willapply themoney from the sale, less allowedexpenses, insurance must cover ourInterestin the vehicle.You agree to to the amountyou owe. Allowedexpenses are expenses we pay name us on your insurance policy as an additionalinsured as a direct resultof taking the vehicle, holdingit, preparing it for and as losspayee. do not If you have thIsInsurance,we may, sale, It. Attomey and selling fees and courtcoststhe law permits if wechoose, buy physicaldamage insurance.If wedecide are alsoallowedexpenses. If any moneyis left (surplus), we will to buy physical damage Insurance, we may eitherbuy pay It to you unless the us to pay it to someone law requires else. Insurance that covers your interestand our interestin the If moneyfrom the sale to pay the amount is not enough you owe, vehicle,or buyinsurance thatcovers only our interest to the you must pay therestto us. If you do not pay this amount when extent permittedby applicable law.if we buy eithertype of we ask,we may charge you at a rate interest not exceeding the insurance, we willtellyou which type and the charge you highestlawfulrateuntilyou pay. must pay. The charge willbe the premium forthe insurance and a finance charge computed atthe Annual Percentage Rate shown on page 1 ofthiscontractor,at our option,the highest ratethe lawpermits. LAW SS3-NJ-ARB-e 11/19 vi Page 3 of 5 FILED: ALBANY COUNTY CLERK 11/23/2022 03:09 PM INDEX NO. 908881-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/23/2022 g. What we may do about optional insuranoe, maintenance, service,or othercontracts.This contractmay containcharges 7. Applicable Law for optional Insurance,maintenance,service,or othercontracts. Federal law and the law ofthe stateof New Jersey apply tothis If wedemand thatyou owe pay all you at onceor we repossess contract. the we vehicle, may claim benefitsunder these contractsand cancel them to obtainrefundsof uneamed charges toreduce Electronic Contracting and Signature Acknowledgment. what you owe or repairthe vehicleas thelaw allows. If the You agree that this (i) contract Is an electroniccontract executed vehicle loss Is a total because It is confiscated, damaged, or by you using your electronic signature, (ii)your electronic stolen,we may claimbenefitsunder these contracts and cancel signature signifies your intentto enter intothiscontract and that them refunds to obtain of uneamed charges to reducewhat you thiscontract be legally validand enforceable in accordance with owe. itsterms tothe same extent as if youhad executed this contract using your written signature and the (iii) authoritative copy of 4. WARRANTIES SELLER DISCLAIMS thiscontract ("Authoritative shallbe thatelectronic Copy") copy Unless the Sellermakes a written warranty, or enters intoa that resides in adocument management system designated by service contract within 90 days from the date ofthis contract, us for the storage of authoritative copies ofelectronic records, the Seller makes no warrantles, express or implied, on the which shall be deemed held us in the course by ordinary of vehicle, and there will be no implied warranties of business. the ifthe Authoritative Notwithstanding foregoing, merchantability orof fitnessfor a particularpurpose" is converted apaper which is Copy by printing copy marked by This provisiondoes not affect any warrantles covering thevehicle us as the (the "Paper then you original Contract"), acknowledge thatthe vehiclemanufacturer may provide. and your of this contract agree that (1) signing with your electronic signature also constitutes issuance and delivery of 5. Servicing and Collecti onta . such Paper Contract, (2)your electronic signature associated You agree thatwe ma t toconta t I w ing, , -mp t , wh fi the Paper Contract, e using prerecorded/art ic al voice mess (es, t ssa es, a d c tittes y u le a ly Èn b n ing signature on the Paper automatic telephone lal ngsystems, s the aI . Youal o ' C n ra t an (3) au quent t such conversion, your agree thatwe may try t c ntactyo e se a of r a a y o I ati us w 11be v d t e Paper Contract alone. address or telephonenu rovi epl. number phone is a cell number or thecontactresultsin a chargeto you. ARBITRATION PROVISION PLEASE REVIEW - IMPORTANT - AFFECTSYOUR LEGAL RIGHTS t EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR B Y JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL I TION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD H IN COU T MAY NOT BE AVAILABLE INARBITRATION. Any claim ordispute, whether in contract,t rtstatute or of Ie i I eT¶t rpr tion and scope of thisArbitrationProvision, and the of arbitrability the claim ordispute), b tween you n us r u mp y es, a e , successors or assigns, which arises out of or relatesto yourcreditapplication,purchas o condition f th s veic e, is cot act resultingtransaction orrelationship(including any such relationship with thirdparties who t s o act al , t you our election, be resolved by neutral, binding arbitrationand not by a court action. If federala ovides t a clai o ispute is of subject to binding this arbitration, Arbitration Provision shallnot apply tosuch claim or dispute.Any claim or dispute i o be arb d by a singlearbitratoron an individualbasis and not as a class action.You expressly waive right you may have to ar i ate a c ss action.You may choose the American Arbitration any Association (www.adr.orq) or any other organization toconduct thearbitrationsubject toour approval. You may get a copy of the rulesof an arbitrationorganization by contacting the organization orvisitingitswebsite. Arbitratorsshallbe attorneys or retiredjudges and shallbe selected pursuant to the applicable rules. The arbitratorshallapply goveming substantive law and the applicable statute oflimitations. The arbitrationhearing shall be conducted inthe federal in district which you reside unless the Seller-Creditoris a partytothe claim or dispute, in whichcase thehearing willbe held in thefederaldistrictwhere this contract was executed. We willpa