Preview
FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023
Not required to maii or fax thiS copy to Credit ACCeptance
RETAIL INSTALMENT CONTRACT
ACCOUNT A2HD
LOT #
Buyer Name and Address Buyer Name and Address Creditor-Seller
Name and Address
JAMES J BACHORSKI ROSE M BACHORSKI PELLEGRINO AUTO SALES LLC
14 WEBBER AVE 14 WEBBER AVE 4060 PEARL STREET RD
OAKFIELD, NY 14125 OAKFIELD, NY 14125 BATAVIA, NY 1402 0
"You" "Your" "We"
and mean each Buyer above, and
jointly severally.
"Us1and mean Creditor-Seller
and Creditor-Seller's
assignee.You may buy the Vehicle
Price"
describedbelowforcash orcredit.
The cash price isshown
on Page2 as the "CashPrice!The credit price is shown
below as "TotalSale You have agreed
to buy the Vehicle
from Us on credit for the Total
Sale Price. You acknowledge
delive and acceptanceof the Vehicle
in goodconditionand repair
You promise
to pay Us all amounts
due underths Retail Instalment
Contract("Contract"),
Including Total Sale with the payment
Price, in accordance scheduleshown in the
Truthin LendingDisclosuresbelow.You also agreeto the terms below
and conditions the Truth
(including in Lending and on the additional
Disclosures) pages
of this Contract
You agree to pay Us a credit
servicecharge at the Annual Percentage
Rate shown below. The Annual Percentage
Rate may be negotiable with Us
Year and Make Model and Body Style Color VehicleIdentification
Number Odometer Reading
Used 2007 Dodge Nitro 4D SUV 4WD OTHER 1D8GU58637W738294 126,609
TRUTH IN LENDING DISCLOSURES
Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed Payments The totalcost of Your
RATE The dollaramount The amount of credit The amount You will purchase on credit,
The costof Your thecreditwill cost providedto You or on have paidafterYou includingYour
creditas a yearly You Your behalf. have made all payments down payment of
rate. as scheduled 1 0 00 00
22 .99 $ 6 ,081 . 14 Is
%
$ 9,909.88 15,991.02 $16,991.02
$
Payment Schedule: Your payment schedule will
be:
No. of Payments Amount of Payments When Payments Are Due
$
$
54 $ 2 96. 13 Monthly beginning August 24, 2018
GBEEEEEEEEFEB.9E
Additional Information: Please read thisthisContract forany additionalinformationabout
Om
nonpayment, default,
Q
any
NAL
required repayment
in fuH before
the scheduled date, and prepayment refundsand penalties.
LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You must insure theVehicle securing thisContract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH
ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fullydescribed on page 3.
ARBITRATION: This Contract contains an Arbitration Clause thatstates You and We may elect toresolve any dispute by arbitration
and not by court action. See the Arbitration Clause on Page 5 of this Contract for the fullterms and conditions of the Arbitration
Clause. By initiatingbelow, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration
Clause.
Buyer Initials: Buyer Initials:
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.
Guia para compradores de vehiculos usados. La información que ve en el formulario
de la ventanilla
para este vehÃculo forma partedel presente
contrato.La informacióndel formulariode ta ventanilla
deja sinefecto toda disposiciónen contrariocontenida en el contratode venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY
REFERENCE.
Buyer's Initials
NEWYORKCREDITACCEPTANCE CORPORATION (11-16)
© 2012 - 2016CreditAcceptance Corporation. Buyer's Initials
AllRights Reserved. PAGE 1 of 5
The original retail installmentcontract is assignedto Credit AcceptanceCorporation.
This copy was created on 07/24/2018
FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023
Not required to mail or fax this copy to Credit Acceptance
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price accessories
(including and improvements ........
to the Vehicle).................................
......... .... ... .. . $ 8 , 000 . 00(1)
2. SalesTax.............
.. .... .
.... ....... ..........................................................
.............. . . . .. .... ...... .... . ....
............ .. $ 790 . 88
(2)
3. Down-Payment Calculation Cash Down Payment . .S 1,
........................................
.......... 000 . 00(A)
Deferred Down Payment ...........
.......................................
.. S
Trade-In Description: Gross Trade-In .............$ N/A (C)
Make: N/A
Model: N/A PayoffMade by Seller...$ N/A (D)
"O" N/A
Net Trade-In(If negative
number, Insert inline3(E)and difference
itemize in5(E) below)(C-D) $ (E)
Trade-In Description: Gross Trade-In..............$ N/A (F)
Make: N/A
Model. N/A PayoffMade N/A
by Seller...$ (G)
"O" N/A
Net Trade-In(If negative
number, Insert in line 3(H) and itemize
differencein 5(J) below)
(F-G)... $ (H)
Other: Manufacturers Rebate .. ...........................
............
.... N/A
.. ...................................................
$
Total Down Payment .(A + B + E + H + l)
........................................ $ 1, 000 . 00(3)
4. Unpaid Balance ofCash Price(1+ 2 less .... . ..
3) ......................................................
...........
.............
........... ..... .. . .
.. . $ 7 , 790 . 88(4)
5. OtherCharges Amounts
Including Paid toOthers on YourBehalf:
*(NOTICE: A portionof these
charges may be paidto or retained
by Us.)
A. *Cost of RequiredPhysicalDamage InsurancePaid toInsurance ............
...........
........... N/A
Company $
B. *Cost of Optional
Extended or ServiceContractPaid to the Companynamed below... ... $ 1, 8 86 . 00
Warranty (s)
C. Cost of FeesPaid to Public
Officials
for or Satisfying Interest......
a Security .. $ N/A
Perfecting,
Releasing (C)
D. Cost of FeesPaid to Public for Certificate
Officials of Title,
Licenseand Registration. ..............
$ 137 . 00
(D)
Other Charges (Seller
must who
identify willreceivepayment and describepurpose)
E. to N/A forlien or lease
payoff.... . . . . ..........
.............. .$
.. .. N/A
(E)
F. *to Pellegrino for DEALER PROCESSING FEE 75. 00
(F)
G. *to Pellegrino for EMISSION TEST FEE 21. 00 (G)
H. *to N/A forN/A $ N/A (H)
I. *to N/A for N/A $ N/A
()
J. to N/A forlien or lease
payoff N/A
................................................
$
Totalof OtherCharges and Amounts Paid to Otherson Your 2, 119 . 00
Behalf...........................................................................................
$ (5)
6. Less PrepaidFinance Charge $ N/A
....................................................................................................................................................
(s)
7. Amount Financed - Unpaid Balance (4 + 5 less 6).........................................
. ........
... ... ............ . $ 9 , 9 D9 . 8 8 (7)
extended warranty orservice contractcovering the repairofcertainmajor mechanical breakdowns of the
Vehicle and relatedexpenses. Refer
to theoptionalextended warranty or servicecontractfordetailsabout coverage and duration.
. 00 Company:Wynn'
Price $ 1, 8 86 Term 24 Mos. \ 24000 Miles s Extended Care , Inc.
,,..,,.., 07/24/2018 Rox v6Cafood .. 07/24/2018
Buyer'sSignature Date Buyer'sSignature Date
NOTICE TO BUYER: 1. Do not sign this agreement before you read it or ifitcontains any blank space. 2. You are entitled
to a completely filled incopy of this agreement. 3. Under the law, you have the rightto pay off in advance the full amount
due and under certain conditions to obtain a partial refund of the credit service charge. 4.According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for inthis contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge thatYou have received a copy of thisContract with allblanks filled
in and that You have read itand understand it.
RETAIL INSTALMENT CONTRACT .
Buyer'sSignature: x . -m......- Buyer s Signature:
x e....-
Seller:PELLEGRINO AUTO SALES LL C By: --Ô Title. AGENT
Contract 24 t h of July 2 018
This is signedby theSellerand Buyer(s)heretothis day
NEWYORKCREDITACCEPTANCE CORPORATION (11-16)
© 2012 - 2016Credit Acceptance Corporation.
AllRights Reserved. PAGE 2 of 5
The original retail installmentcontract is assigned to Credit Acceptance Corporation
This copy was createdon 07/24/2018
FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a securityinterestin:1).The Vehicle and allparts or goods installedin it;
2) All money or goods received
(proceeds) forthe Vehicle; 3).Allinsurance, maintenance, serviceor othercontracts We finance forYou; and 4). AIIproceeds from insurance,
maintenance, serviceor other contractsWe financefor You (thisincludesany refunds ofpremiums). Thissecures payment of all
You owe on this
Contract and in anytransfer,
renewal, extension or assignment Contract.
of this It also
secures Your otheragreements in this
Contract.You agree to
have the certificate show
of title our securityinterest
(lien) Vehicle.
in the
Late Charge. You promise tomake allpayments when due. If You to
fail make a payment when it is due,
You agree to pay Us a latecharge as
statedon Page 1 of this
Contract. You agree thatWe do not waiveany of ourrightsby accepting one or more latepayments from You.
Bad Check Charge. You agree to payUs a bad check charge of $20.00(or suchother amount permitted by applicablelaw) forany check or like
instrument given by You toUs that is retumedby Your bank because of insufficient
funds or because Your bank account was closed.
Ownership and Risk of Loss. You promisetopay Us all Youowe under thisContract even if theVehicleis damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You willnotremove the Vehiclefrom the United Statesor Canada without ourwrittenpermission.
- You willnotsell,rent,leaseor otherwise transfer interestin the
Vehicle or thisContractwithout ourwritten permission
any
- You willnotexpose theVehicle to misuse or confiscation.
- You willnotpermit any otherlienor securityinteresttobe placed on the Vehicle.
- You willpreserve and protectthe Vehicleand keep it in good
conditionand repair
- You willnotuse the Vehicle in a trade
or business withoutour writtenconsent.
- You willnotuse the Vehicle or abandon it. If a govemmental impounds the You will Us
unlawfully agency Vehicle, notify immediately
and regainpossession of theVehicle. We may regain possession of theVehicle and treatit as a default.
- You will all
taxes, assessments. charges,
rentals, and other fees imposed on theVehicle when are due If We repair
pay they pay any
storage
bills, taxes,
bills, fines.
fees. or othercharges on the Vehicle,You agree to repay the amount to Us.
- You willpermitUs to inspectthe Vehicle at reasonable time.
any
- You will sign, or cause othersto sign,and give Us any documents We request toperfect our interest.
promptly reasonably security
- You have notmade and willnotmake an untrue, misleading or incomplete statement ina creditapplication,thisContract or any
information provided in connection with thisContract
- You will
promptly provide Us with any additionalpersonal or financial
information You or anyinformationabout the Vehicle
concerning
that We may reasonably request fromtime to time.
- You willimmediately Us if Youchange Your name or address.
notify
Prepayment. You have the right
to prepay Your account balance earlywithout a penalty.If You prepay in full,
You may be entitledto a refund
creditof partof thepre-computed finance charge. Thiscreditwillbe calculatedin accordance withthe actuarialmethod We willapplythe credit
tothe amount You owe Us or if Youpaid Us more than the amount owed to Us under this Contract,We willrefund it to
You We willretaina
$15 00 acquisitionfee before calculating
any refundcreditas permitted by law.We willnot creditorrefund amounts lessthan $1.00, if permitted
by applicablelaw.
If You prepay only a portionof the balance remaining under thisContract,We willapply the prepayment to Your account balance, however a
prepayment willnot excuse any scheduled
later payments. You must still
make allscheduled payments on time untilYour obligation
under this
Contract is paidin full.
If Youmake prepayment
a partial Your lastpayment or payments may be lessthan the scheduled amount due
p ag h th
do notbuy p sicaldamage insurance which covers of in eress in theehic e, e may, i e decide,buy insurancewhic covers onlyour interest.
Any money e advance willbe secured by theVehicle.
We are under no obligation
to buy any insurance,but may do soif We desire.If Webuy eitherof these coverage.We willlet Youknow what typeit
is andthe charge You must pay The amount You must pay willbe the premium fortheinsurance and a financecharge at theAnnual Percentage
Rate shown on thisContract.You agree to pay the amount and finance charge within 10 days or in equalinstalments along withthe payment
shown on the Payment Schedule
If the
Vehicle is lost
or damaged, You agreethat We can use any insurance settlement eitherto repair
theVehicle or applyto Youraccount balance.
If applied
to Your account balance, the insurancesettlement proceeds thatdo notpay Your obligationin full
under thisContract willbe appliedas
a partial
payment.
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges foroptionalinsurance, maintenance, service
or warranty contracts.If the
Vehicle isrepossessed, You agree that We may claim benefits under these contractsand terminate them toobtain
refunds ofunearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If anycharge forrequired insurance is returnedtoUs,
it maybe creditedto Your account in accordance withthe Prepayment section of this
Contractor used to buy insurance
similar which covers onlyour
interestin the
Vehicle.Any refundon optionalinsurance, maintenance, service,warranty or othercontracts obtainedby Us willbe creditedto Your
account in accordance with thePrepayment section of this
Contract.
Default and Acceleration of the Contract. You willbe in default
if:
- You fail
to any amount due under thisContractwhen it is due.
pay
- You break of Yourother promises You made in this
Contract.
any
- A in bankruptcy,receivershipor insolvencyis started
by You or against
You or Your
proceeding property
If Youare in default
of this We
Contract, may declarethe entire
unpaid balance of this
Contractdue and payableimmediately at anytime withoutnotice
to You,unless We arerequiredby law to provide
You with such and
notice, subjectto any right
You may have to reinstate
the Contract.
In figuring
what
You owe, We willgiveYou a refund of the
of part Finance Charge figuredthe same as if Youhad prepaid Your obligationunder this
Contract In full.
sis
Buyer's Initials
NEWYORKCREDITACCEPTANCECORPORATION (11-16) IMts
© 2012 - 2016Credit Acceptance Corporation. Buyer's Initials arr
AllRights Reserved. PAGE 3 of 5
The original retail installmentcontract is assigned to Credit Acceptance Corporation
This copy was created on 07/24/2018
FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285
NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS (Cont.)
Starter Interruption Device and GPS. You understand and agree that if Youare in default,
We may use any starter device
interruption and/
or globalpositioningsystem the
(collectively, Device) installed
on the Vehicleto preventthe Vehicle fromstartingand/or to locate
the Vehiclewhen
permissible law and theterms of this
Contract allow Us torepossess theVehicle. You agree that if the
Vehicle is disabled,
You will
need tocure
Your defaultin orderto restart
the Vehicle.You acknowledge thatYou have been provided witha toll
free telephone number thatYou may no
call,
more than once per month, if the
Vehicle is disabledbut You need an emergency activationwhich willallowthe Vehicle tooperate for24 hours.
Refer to theterms and conditions of theBuyer'sDisclosure foradditionalinformationon the Device
Repossession of the Vehicle. If You default.We may take (repossess) the Vehicle from You To repossess the Vehicle,We can enter
Your property, orthe propedy where the Vehicle so
is stored, long as it is done
peacefully and the law allows itAny accessories, equipment or
replacements will
remain withthe Vehicle.You hereby acknowledge and agree thatany personal propedy contained within theVehicle may be
removed and held without to
liability Us or ouragent.It is Your to promptly
responsibility and immediately contactUs to make arrangements for the
returnof Your personal property.You are responsible forpaying allreasonable charges associated with therepossession
Getting the Vehicle Back After Repossession. If We repossess theVehicle, You have the nght toget it back(redeem). If We repossess
theVehicle solelyas a resultof Yourfailureto make a payment when it is due,
You have the right
to redeem the Vehicle by onlypaying all amounts
past due includinglatecharges and any expenses We incurredin retaking,
holding,storingand preparing the Vehiclefor saleYour rightto redeem
theVehicle ends when We lease,
sell, licenseor otherwisedispose of anyor all of the
Vehicle in its present
conditionor following
any commercially
reasonable preparation or processing.
Sale of the Repossessed Vehicle. Any noticethat is required
to be givento You of anintended saleor transferofthe Vehiclewillbe mailed
to Your known
last address, as reflectedin our
records, in a reasonableperiodbefore the dateof theintended saleor transfer(or suchotherperiod
of timeas is requiredby law).If the
Vehicle We
is sold, willuse thenet proceeds of the saleto pay or pad
all of Your debt.
The netproceeds ofthe salewillbe figuredthisway: Any charges fortaking,holding, preparingforsale,processing and sellingthe Vehicle,and
any attomey fees and courtcosts,if permitted
by law, will
be subtracted from the price.
selling
If Youowe Us lessthan the net proceeds We
of sale, willpay You the difference unless We arerequired topay it to
someone else.For example,
We may be requiredto pay a lenderwho has givenYou a loanand has alsotaken a securityinterestin theVehicle.
If Youowe more than the net proceeds of sale,
You willpay Us the differencebetween the net proceeds of saleand what You owe when We ask
forit. If You
do notpay thisamount when asked, You may also be charged interestat thehighestlawful rateuntil
You do pay all Youowe toUs.
WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE
ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES,
EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR
SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT
THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE
MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS.
Collection Costs. If We hirean attorney what
to collect You owe and theattorney our
is not salariedemployee, You willpay the fees
attorney's
not exceeding 15% of theamount due and payable under the Contract, and any coud costs as permittedby law
I dt t e t
be in wntingand signe by Us o oralchanges are in ing.If anyparto this on ractis notvali, all other
partswillremain en orceab e
Interest After Maturity You furtheragree to pay Us a credit
service charge at theAnnual Percentage Rate statedon Page 1 of this
Contractor
at thehighestratepermitted by applicablelaw,on any amounts thatremain unpaid aftermaturityof this
Contract. For thepurposes of this
provision,
maturitymeans the earlierof thedateYour payment
final is dueor the dateWe accelerate theContract
Judgment Rate. Intereston any judgment awarded on thisContract willbe at 9% or at the
highest ratepermitted by applicablelaw.
Governing Law The terms Contract
of this aregoverned by thelaw of thestateof theSeller'saddress shown on Page 1 of this
Contract,except
to theextentpreempted byapplicable federallaw.
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.
INOTICE OF ASSIGNMENT: The Seller has assigned this Contract toCredit Acceptance Corporation inaccordance with the terms
and conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make allfuture payments to:
CREDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
PELLEGRINO AUTO SALES LLC gy. Title. AGENT
Seller: ,.--
ASSIGNMENT
FOR VALUE RECElVED, Sellerhereby assigns and transfersallSeller's
right, and
title interestin andto thisContract,and in and to theVehicle
described herein,toCREDIT ACCEPTANCE CORPORATION ("Assignee"),its
successors and assigns, pursuantto and in accordance with the
terms and conditions setforthin theexistingdealer agreement between Sellerand Assignee in effect
on the date hereof Sellergives Assignee
full
power, eitherin Assignee's name orin Seller's
name, to takeallactionswhich Sellercould have taken under this Contract.In ordertoinduce
Assignee to accept assignment of thisContract,Seller representsand warrantsto Assignee asset fodh in theexistingdealeragreement.
FV5'
NEWYORKCREDITACCEPTANCE
Preview
FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023 Not required to maii or fax thiS copy to Credit ACCeptance RETAIL INSTALMENT CONTRACT ACCOUNT A2HD LOT # Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address JAMES J BACHORSKI ROSE M BACHORSKI PELLEGRINO AUTO SALES LLC 14 WEBBER AVE 14 WEBBER AVE 4060 PEARL STREET RD OAKFIELD, NY 14125 OAKFIELD, NY 14125 BATAVIA, NY 1402 0 "You" "Your" "We" and mean each Buyer above, and jointly severally. "Us1and mean Creditor-Seller and Creditor-Seller's assignee.You may buy the Vehicle Price" describedbelowforcash orcredit. The cash price isshown on Page2 as the "CashPrice!The credit price is shown below as "TotalSale You have agreed to buy the Vehicle from Us on credit for the Total Sale Price. You acknowledge delive and acceptanceof the Vehicle in goodconditionand repair You promise to pay Us all amounts due underths Retail Instalment Contract("Contract"), Including Total Sale with the payment Price, in accordance scheduleshown in the Truthin LendingDisclosuresbelow.You also agreeto the terms below and conditions the Truth (including in Lending and on the additional Disclosures) pages of this Contract You agree to pay Us a credit servicecharge at the Annual Percentage Rate shown below. The Annual Percentage Rate may be negotiable with Us Year and Make Model and Body Style Color VehicleIdentification Number Odometer Reading Used 2007 Dodge Nitro 4D SUV 4WD OTHER 1D8GU58637W738294 126,609 TRUTH IN LENDING DISCLOSURES Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments The totalcost of Your RATE The dollaramount The amount of credit The amount You will purchase on credit, The costof Your thecreditwill cost providedto You or on have paidafterYou includingYour creditas a yearly You Your behalf. have made all payments down payment of rate. as scheduled 1 0 00 00 22 .99 $ 6 ,081 . 14 Is % $ 9,909.88 15,991.02 $16,991.02 $ Payment Schedule: Your payment schedule will be: No. of Payments Amount of Payments When Payments Are Due $ $ 54 $ 2 96. 13 Monthly beginning August 24, 2018 GBEEEEEEEEFEB.9E Additional Information: Please read thisthisContract forany additionalinformationabout Om nonpayment, default, Q any NAL required repayment in fuH before the scheduled date, and prepayment refundsand penalties. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You must insure theVehicle securing thisContract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fullydescribed on page 3. ARBITRATION: This Contract contains an Arbitration Clause thatstates You and We may elect toresolve any dispute by arbitration and not by court action. See the Arbitration Clause on Page 5 of this Contract for the fullterms and conditions of the Arbitration Clause. By initiatingbelow, you confirm that you have read, understand and agree to the terms and conditions in the Arbitration Clause. Buyer Initials: Buyer Initials: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. Guia para compradores de vehiculos usados. La información que ve en el formulario de la ventanilla para este vehÃculo forma partedel presente contrato.La informacióndel formulariode ta ventanilla deja sinefecto toda disposiciónen contrariocontenida en el contratode venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. Buyer's Initials NEWYORKCREDITACCEPTANCE CORPORATION (11-16) © 2012 - 2016CreditAcceptance Corporation. Buyer's Initials AllRights Reserved. PAGE 1 of 5 The original retail installmentcontract is assignedto Credit AcceptanceCorporation. This copy was created on 07/24/2018 FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023 Not required to mail or fax this copy to Credit Acceptance ITEMIZATION OF AMOUNT FINANCED 1. Cash Price accessories (including and improvements ........ to the Vehicle)................................. ......... .... ... .. . $ 8 , 000 . 00(1) 2. SalesTax............. .. .... . .... ....... .......................................................... .............. . . . .. .... ...... .... . .... ............ .. $ 790 . 88 (2) 3. Down-Payment Calculation Cash Down Payment . .S 1, ........................................ .......... 000 . 00(A) Deferred Down Payment ........... ....................................... .. S Trade-In Description: Gross Trade-In .............$ N/A (C) Make: N/A Model: N/A PayoffMade by Seller...$ N/A (D) "O" N/A Net Trade-In(If negative number, Insert inline3(E)and difference itemize in5(E) below)(C-D) $ (E) Trade-In Description: Gross Trade-In..............$ N/A (F) Make: N/A Model. N/A PayoffMade N/A by Seller...$ (G) "O" N/A Net Trade-In(If negative number, Insert in line 3(H) and itemize differencein 5(J) below) (F-G)... $ (H) Other: Manufacturers Rebate .. ........................... ............ .... N/A .. ................................................... $ Total Down Payment .(A + B + E + H + l) ........................................ $ 1, 000 . 00(3) 4. Unpaid Balance ofCash Price(1+ 2 less .... . .. 3) ...................................................... ........... ............. ........... ..... .. . . .. . $ 7 , 790 . 88(4) 5. OtherCharges Amounts Including Paid toOthers on YourBehalf: *(NOTICE: A portionof these charges may be paidto or retained by Us.) A. *Cost of RequiredPhysicalDamage InsurancePaid toInsurance ............ ........... ........... N/A Company $ B. *Cost of Optional Extended or ServiceContractPaid to the Companynamed below... ... $ 1, 8 86 . 00 Warranty (s) C. Cost of FeesPaid to Public Officials for or Satisfying Interest...... a Security .. $ N/A Perfecting, Releasing (C) D. Cost of FeesPaid to Public for Certificate Officials of Title, Licenseand Registration. .............. $ 137 . 00 (D) Other Charges (Seller must who identify willreceivepayment and describepurpose) E. to N/A forlien or lease payoff.... . . . . .......... .............. .$ .. .. N/A (E) F. *to Pellegrino for DEALER PROCESSING FEE 75. 00 (F) G. *to Pellegrino for EMISSION TEST FEE 21. 00 (G) H. *to N/A forN/A $ N/A (H) I. *to N/A for N/A $ N/A () J. to N/A forlien or lease payoff N/A ................................................ $ Totalof OtherCharges and Amounts Paid to Otherson Your 2, 119 . 00 Behalf........................................................................................... $ (5) 6. Less PrepaidFinance Charge $ N/A .................................................................................................................................................... (s) 7. Amount Financed - Unpaid Balance (4 + 5 less 6)......................................... . ........ ... ... ............ . $ 9 , 9 D9 . 8 8 (7) extended warranty orservice contractcovering the repairofcertainmajor mechanical breakdowns of the Vehicle and relatedexpenses. Refer to theoptionalextended warranty or servicecontractfordetailsabout coverage and duration. . 00 Company:Wynn' Price $ 1, 8 86 Term 24 Mos. \ 24000 Miles s Extended Care , Inc. ,,..,,.., 07/24/2018 Rox v6Cafood .. 07/24/2018 Buyer'sSignature Date Buyer'sSignature Date NOTICE TO BUYER: 1. Do not sign this agreement before you read it or ifitcontains any blank space. 2. You are entitled to a completely filled incopy of this agreement. 3. Under the law, you have the rightto pay off in advance the full amount due and under certain conditions to obtain a partial refund of the credit service charge. 4.According to law you have the privilege of purchasing the insurance on the motor vehicle provided for inthis contract from an agent or broker of your own selection. You agree to the terms of this Contract and acknowledge thatYou have received a copy of thisContract with allblanks filled in and that You have read itand understand it. RETAIL INSTALMENT CONTRACT . Buyer'sSignature: x . -m......- Buyer s Signature: x e....- Seller:PELLEGRINO AUTO SALES LL C By: --Ô Title. AGENT Contract 24 t h of July 2 018 This is signedby theSellerand Buyer(s)heretothis day NEWYORKCREDITACCEPTANCE CORPORATION (11-16) © 2012 - 2016Credit Acceptance Corporation. AllRights Reserved. PAGE 2 of 5 The original retail installmentcontract is assigned to Credit Acceptance Corporation This copy was createdon 07/24/2018 FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023 Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a securityinterestin:1).The Vehicle and allparts or goods installedin it; 2) All money or goods received (proceeds) forthe Vehicle; 3).Allinsurance, maintenance, serviceor othercontracts We finance forYou; and 4). AIIproceeds from insurance, maintenance, serviceor other contractsWe financefor You (thisincludesany refunds ofpremiums). Thissecures payment of all You owe on this Contract and in anytransfer, renewal, extension or assignment Contract. of this It also secures Your otheragreements in this Contract.You agree to have the certificate show of title our securityinterest (lien) Vehicle. in the Late Charge. You promise tomake allpayments when due. If You to fail make a payment when it is due, You agree to pay Us a latecharge as statedon Page 1 of this Contract. You agree thatWe do not waiveany of ourrightsby accepting one or more latepayments from You. Bad Check Charge. You agree to payUs a bad check charge of $20.00(or suchother amount permitted by applicablelaw) forany check or like instrument given by You toUs that is retumedby Your bank because of insufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promisetopay Us all Youowe under thisContract even if theVehicleis damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You willnotremove the Vehiclefrom the United Statesor Canada without ourwrittenpermission. - You willnotsell,rent,leaseor otherwise transfer interestin the Vehicle or thisContractwithout ourwritten permission any - You willnotexpose theVehicle to misuse or confiscation. - You willnotpermit any otherlienor securityinteresttobe placed on the Vehicle. - You willpreserve and protectthe Vehicleand keep it in good conditionand repair - You willnotuse the Vehicle in a trade or business withoutour writtenconsent. - You willnotuse the Vehicle or abandon it. If a govemmental impounds the You will Us unlawfully agency Vehicle, notify immediately and regainpossession of theVehicle. We may regain possession of theVehicle and treatit as a default. - You will all taxes, assessments. charges, rentals, and other fees imposed on theVehicle when are due If We repair pay they pay any storage bills, taxes, bills, fines. fees. or othercharges on the Vehicle,You agree to repay the amount to Us. - You willpermitUs to inspectthe Vehicle at reasonable time. any - You will sign, or cause othersto sign,and give Us any documents We request toperfect our interest. promptly reasonably security - You have notmade and willnotmake an untrue, misleading or incomplete statement ina creditapplication,thisContract or any information provided in connection with thisContract - You will promptly provide Us with any additionalpersonal or financial information You or anyinformationabout the Vehicle concerning that We may reasonably request fromtime to time. - You willimmediately Us if Youchange Your name or address. notify Prepayment. You have the right to prepay Your account balance earlywithout a penalty.If You prepay in full, You may be entitledto a refund creditof partof thepre-computed finance charge. Thiscreditwillbe calculatedin accordance withthe actuarialmethod We willapplythe credit tothe amount You owe Us or if Youpaid Us more than the amount owed to Us under this Contract,We willrefund it to You We willretaina $15 00 acquisitionfee before calculating any refundcreditas permitted by law.We willnot creditorrefund amounts lessthan $1.00, if permitted by applicablelaw. If You prepay only a portionof the balance remaining under thisContract,We willapply the prepayment to Your account balance, however a prepayment willnot excuse any scheduled later payments. You must still make allscheduled payments on time untilYour obligation under this Contract is paidin full. If Youmake prepayment a partial Your lastpayment or payments may be lessthan the scheduled amount due p ag h th do notbuy p sicaldamage insurance which covers of in eress in theehic e, e may, i e decide,buy insurancewhic covers onlyour interest. Any money e advance willbe secured by theVehicle. We are under no obligation to buy any insurance,but may do soif We desire.If Webuy eitherof these coverage.We willlet Youknow what typeit is andthe charge You must pay The amount You must pay willbe the premium fortheinsurance and a financecharge at theAnnual Percentage Rate shown on thisContract.You agree to pay the amount and finance charge within 10 days or in equalinstalments along withthe payment shown on the Payment Schedule If the Vehicle is lost or damaged, You agreethat We can use any insurance settlement eitherto repair theVehicle or applyto Youraccount balance. If applied to Your account balance, the insurancesettlement proceeds thatdo notpay Your obligationin full under thisContract willbe appliedas a partial payment. Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges foroptionalinsurance, maintenance, service or warranty contracts.If the Vehicle isrepossessed, You agree that We may claim benefits under these contractsand terminate them toobtain refunds ofunearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If anycharge forrequired insurance is returnedtoUs, it maybe creditedto Your account in accordance withthe Prepayment section of this Contractor used to buy insurance similar which covers onlyour interestin the Vehicle.Any refundon optionalinsurance, maintenance, service,warranty or othercontracts obtainedby Us willbe creditedto Your account in accordance with thePrepayment section of this Contract. Default and Acceleration of the Contract. You willbe in default if: - You fail to any amount due under thisContractwhen it is due. pay - You break of Yourother promises You made in this Contract. any - A in bankruptcy,receivershipor insolvencyis started by You or against You or Your proceeding property If Youare in default of this We Contract, may declarethe entire unpaid balance of this Contractdue and payableimmediately at anytime withoutnotice to You,unless We arerequiredby law to provide You with such and notice, subjectto any right You may have to reinstate the Contract. In figuring what You owe, We willgiveYou a refund of the of part Finance Charge figuredthe same as if Youhad prepaid Your obligationunder this Contract In full. sis Buyer's Initials NEWYORKCREDITACCEPTANCECORPORATION (11-16) IMts © 2012 - 2016Credit Acceptance Corporation. Buyer's Initials arr AllRights Reserved. PAGE 3 of 5 The original retail installmentcontract is assigned to Credit Acceptance Corporation This copy was created on 07/24/2018 FILED: GENESEE COUNTY CLERK 01/19/2023 12:45 PM INDEX NO. E70285 NYSCEF DOC. NO. 2 Copy of Electronic Original RECEIVED NYSCEF: 01/19/2023 Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS (Cont.) Starter Interruption Device and GPS. You understand and agree that if Youare in default, We may use any starter device interruption and/ or globalpositioningsystem the (collectively, Device) installed on the Vehicleto preventthe Vehicle fromstartingand/or to locate the Vehiclewhen permissible law and theterms of this Contract allow Us torepossess theVehicle. You agree that if the Vehicle is disabled, You will need tocure Your defaultin orderto restart the Vehicle.You acknowledge thatYou have been provided witha toll free telephone number thatYou may no call, more than once per month, if the Vehicle is disabledbut You need an emergency activationwhich willallowthe Vehicle tooperate for24 hours. Refer to theterms and conditions of theBuyer'sDisclosure foradditionalinformationon the Device Repossession of the Vehicle. If You default.We may take (repossess) the Vehicle from You To repossess the Vehicle,We can enter Your property, orthe propedy where the Vehicle so is stored, long as it is done peacefully and the law allows itAny accessories, equipment or replacements will remain withthe Vehicle.You hereby acknowledge and agree thatany personal propedy contained within theVehicle may be removed and held without to liability Us or ouragent.It is Your to promptly responsibility and immediately contactUs to make arrangements for the returnof Your personal property.You are responsible forpaying allreasonable charges associated with therepossession Getting the Vehicle Back After Repossession. If We repossess theVehicle, You have the nght toget it back(redeem). If We repossess theVehicle solelyas a resultof Yourfailureto make a payment when it is due, You have the right to redeem the Vehicle by onlypaying all amounts past due includinglatecharges and any expenses We incurredin retaking, holding,storingand preparing the Vehiclefor saleYour rightto redeem theVehicle ends when We lease, sell, licenseor otherwisedispose of anyor all of the Vehicle in its present conditionor following any commercially reasonable preparation or processing. Sale of the Repossessed Vehicle. Any noticethat is required to be givento You of anintended saleor transferofthe Vehiclewillbe mailed to Your known last address, as reflectedin our records, in a reasonableperiodbefore the dateof theintended saleor transfer(or suchotherperiod of timeas is requiredby law).If the Vehicle We is sold, willuse thenet proceeds of the saleto pay or pad all of Your debt. The netproceeds ofthe salewillbe figuredthisway: Any charges fortaking,holding, preparingforsale,processing and sellingthe Vehicle,and any attomey fees and courtcosts,if permitted by law, will be subtracted from the price. selling If Youowe Us lessthan the net proceeds We of sale, willpay You the difference unless We arerequired topay it to someone else.For example, We may be requiredto pay a lenderwho has givenYou a loanand has alsotaken a securityinterestin theVehicle. If Youowe more than the net proceeds of sale, You willpay Us the differencebetween the net proceeds of saleand what You owe when We ask forit. If You do notpay thisamount when asked, You may also be charged interestat thehighestlawful rateuntil You do pay all Youowe toUs. WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE MANUFACTURER OR ANY WARRANTIES REQUIRED BY LAW, E.G. LEMON LAWS. Collection Costs. If We hirean attorney what to collect You owe and theattorney our is not salariedemployee, You willpay the fees attorney's not exceeding 15% of theamount due and payable under the Contract, and any coud costs as permittedby law I dt t e t be in wntingand signe by Us o oralchanges are in ing.If anyparto this on ractis notvali, all other partswillremain en orceab e Interest After Maturity You furtheragree to pay Us a credit service charge at theAnnual Percentage Rate statedon Page 1 of this Contractor at thehighestratepermitted by applicablelaw,on any amounts thatremain unpaid aftermaturityof this Contract. For thepurposes of this provision, maturitymeans the earlierof thedateYour payment final is dueor the dateWe accelerate theContract Judgment Rate. Intereston any judgment awarded on thisContract willbe at 9% or at the highest ratepermitted by applicablelaw. Governing Law The terms Contract of this aregoverned by thelaw of thestateof theSeller'saddress shown on Page 1 of this Contract,except to theextentpreempted byapplicable federallaw. 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. INOTICE OF ASSIGNMENT: The Seller has assigned this Contract toCredit Acceptance Corporation inaccordance with the terms and conditions set forth on Page 4 of this Contract. This assignment is without recourse. You must make allfuture payments to: CREDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. PELLEGRINO AUTO SALES LLC gy. Title. AGENT Seller: ,.-- ASSIGNMENT FOR VALUE RECElVED, Sellerhereby assigns and transfersallSeller's right, and title interestin andto thisContract,and in and to theVehicle described herein,toCREDIT ACCEPTANCE CORPORATION ("Assignee"),its successors and assigns, pursuantto and in accordance with the terms and conditions setforthin theexistingdealer agreement between Sellerand Assignee in effect on the date hereof Sellergives Assignee full power, eitherin Assignee's name orin Seller's name, to takeallactionswhich Sellercould have taken under this Contract.In ordertoinduce Assignee to accept assignment of thisContract,Seller representsand warrantsto Assignee asset fodh in theexistingdealeragreement. FV5' NEWYORKCREDITACCEPTANCE