Preview
FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050
COpy Of EleCtrOniC Original
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023
Not required to mail or fax this Copy to Credit ACCeptance
RETAIL INSTALMENT CONTRACT
ACCOUNT # LOT # ZS7
Buyer Name and Address Buyer Name and Address Creditor-SellerName and Address
DUANE LOCKE N/A KENNEDY VENTURES LLC
224 S GENESEE ST 5231 WOLF RUN EXT
MONTOUR FALLS, NY 14865 CAMPBELL, NY 14821
"You" "Your" "We"
and mean each Buyer above, and severally.
jointly "Us", and mean Creditor-Seller
and Creditor-Seller's
assignee.You may buy the Vehicle
describedbelow for cash or credit. The
cash price is shown
on Page 2 as the "Cash
Price". The credit price is shown
below as "Total Sale Price". You have agreed
to buy the Vehicle
from Us on credit for the Total
Sale Price. Youacknowledge and acceptance
delivery of the Vehicle
in good and repair. You promise
condition
to pay Us all amounts
due underthisRetail Instalment
Contract("Contract"), the Total Sale Price, in accordance
including with the payment
schedule shownin the
Truthin LendingDisclosuresbelow.You also agreeto the terms
and below
conditions the Truth
(including in Lending and
Disclosures) on the additional
pages
of this Contract.
You agree to pay Us a credit service
charge at the Annual
PercentageRate shown below. The Annual Percentage
Rate may be negotiable with Us.
Year and Make Model and Body Style Color VehicleIdentification
Number Odometer Reading
Used 2012 GMC Acadia RED 1GKKVNED5CJ138588 96,37 3
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 cost of Your the credit
will
cost providedto You or on have paidafter You includingYour
creditas a yearly You. Your behalf. have made all payments down payment of
rate. as scheduled- 2 ' 243 OO
11,351.48 is
22.99% $
14,734.36 26,085.84 $ 2 8 , 3 2 8 . 84
$ $
Payment Schedule: Your payment schedule will
be:
No. of Payments Amount of Payments When Payments Are Due
$
$
66 $ 3 95 . 24 Monthly beginning March 04 , 2 02 0
GREGEEEEER.EG.BE
Additional Information: Please read thisthisContract forany additional
informationabout
OR
nonpayment, default,
Q
any
NAL
requiredrepayment
in full
beforethe scheduled date, and prepayment refunds and 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 initialingbelow, 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 comoradores de vehiculos usados. La información que ve en el formulario
de la ventanillaparaeste vehÃculo forma partedel presente
contrato.La informacióndel formulariode la 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.
C!>Buyer's Initials
NEWYORKCREDITACCEPTANCECORPORATION (11-16)
© 2012 - 2016Credit Acceptance Corporation. Buyer's Initials
AIIRights Reserved. PAGE 1 of5
The original retail installment contractis assigned to Credit AcceptanceCorporation
This copy was created on 02/04/2020
FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050
Copy of Electronic Original
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023
Not required to mail or fax this copy to Credit Acceptance
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price accessoriesand improvements to the Vehicle) 13 , 500 . 00
.........................................................................................
$
(including (1)
2. Sales 1 , 239 . 36
Tax........................................................................................................................................................................................
$ (2)
3. Down-Payment Calculation: Cash Down Payment .................................. 2 , 243
.......................S . 00
(A)
DeferredDown Payment N/A
.......................................................
$ (s)
Trade-In Description: GrossTrade-ln ..............$ 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 in line 3(E) and itemize
difference
in 5(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)
"0" N/A
Net Trade-In(If negative
number, Insert in line 3(H) and itemize
difference
in 5(J) below)
(F-G) ... $ (H)
Other: Manufacturers Rebate N/A
.........................................................................................................
$
TotalDown Payment + B + E + H + I)
..........................................(A
$ 2 , 243 . 00(3)
4. Unpaid Balance ofCash Price(1+ 2 less 12 , 496 . 36
3)................................................................................................................................
$ (4)
5. OtherCharges Amounts
Including Paidto Otherson Your Behalf:
*(NOTICE: A portionof these
charges may be paidto or retained
by Us.)
A. *Costof Required PhysicalDamage Insurance Paidto Insurance .......
.............................N/A
Company $
B. *Cost of Optional
Extended or ServiceContractPaidto the named below.........
$ 1, 992 . 00
Warranty Company (s)
C. Cost of FeesPaid to Public
Officials
for or Satisfying
a Security N/A
Perfecting,
Releasing Interest..........$ (C)
D. Cost of FeesPaid to Public
Officials
forCertificate
of Title,
Licenseand Registration.......................
$ 150 . 00
(D)
Other Charges (Sellermust who
identify will
receivepayment anddescribe purpose)
E. to N/A for payoff
lien or lease .....................
.... ................
..... $ N/A
(E)
F. *to Hi ll si de Mo t o r s for DE AL ER PROC E S S I NGFEE 75 . 00
(p)
G. *to hi ll s i de for EM I S S ION TE S T F EE 21 . 00
(G)
H. *to N/A for N/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 Paidto Otherson Your Behalf ........... . .................
. ..... . $ 2 , 23 8 . 00
..... ...... ................................
(5)
6. Less PrepaidFinance Charge ...................
..................... .. . ........
. .........
. ......... ... . ...
....... N/A
........................................
$ (g)
7. Amount Financed -Unpaid Balance (4 + 5 less
6)........
........
. ...... ...... .......
... ..... 14 , 734 . 36
........................................................
$ (7)
extended warranty orservice contractcovering the repairof certainmajor mechanical breakdowns of theVehicle and relatedexpenses. Refer
to theoptionalextended warranty or servicecontractfordetailsabout coverage and duration.
Price 1, 992 . 00 Term:2 4 Mo s . \ 24000 Mi les Company:Wynn's Extended Inc.
$ Care,
Joede ,,,, ,,,,_,,,,,| 02 /04 /2020
Buyer's Signature Date Buyer'sSignature Date
NOTICE TO BUYER: 1. Do not sign this agreement before you read itor ifitcontains any blank space. 2.You are entitled
to a completely filled in copy of this agreement. 3. Under the law, you have the right to 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 in this contract from an agent or broker of your
own selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of thisContract with allblanks filled
in and that You have read itand understand it.
RETAIL INSTALMENT CONTRACT
Buyer s Signature:
x mn. Buyer'sSignature:x
Seller:KENNEDY VENTURES LLC
By = - Title: AGENT
This Contractis signed and heretothis 4 th of F e brua ry 2 02 0
by theSeller Buyer(s) day
NEWYORKCREDITACCEPTANcECORPORATION (11-16)
© 2012 - 2016Credit Acceptance Corporation.
AllRights Reserved. PAGE 2 of 5
The original retail installment contractis assignedto Credit Acceptance Corporation
This copy was created on 02/04/2020
FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050
Copy of Electronic Original
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023
Not required to mail or fax this copy to Credit Acceptance
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You giveUs a securityinterestin:1). The Vehicle and allpartsor goods installed
in 2).
it; AIImoney or goods received
(proceeds) forthe Vehicle; 3).Allinsurance, maintenance, serviceor other contractsWe finance forYou; and 4).Allproceeds from insurance,
maintenance, serviceor other contractsWe financefor You (thisincludesany refunds of premiums). This secures payment of allYou owe on this
Contract and in any renewal,
transfer, extension or assignment of this
Contract.It also
secures Your other agreements in this
Contract.You agree to
have the of title
certificate show our securityinterest
(lien)in the
Vehicle.
Late Charge. You promise to make allpayments when due. If Youfailtomake a payment when it is due,
You agree topay Us a latecharge as
stated on Page 1 of thisContract.You agree thatWe do notwaive any of ourrightsby acceptingone or more latepayments from You.
Bad Check Charge. You agree to payUs a bad check charge of $20.00(or such otheramount permittedby applicablelaw) forany check or like
instrument given byYou toUs that is returnedby Your bank because ofinsufficient
funds or because Your bank account was closed.
Ownership and Risk of Loss. You promiseto pay Us allYou owe under thisContract even if the
Vehicle is damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You willnotremove the Vehiclefrom the United States or Canada without our writtenpermission.
- You willnotsell,rent,leaseor otherwise transfer interestin theVehicleor thisContract withoutour writtenpermission.
any
- You willnotexpose theVehicle to misuse or confiscation.
- You willnotpermit other or
lien interesttobe placed on the Vehicle.
any security
- You willpreserve and protectthe Vehicleand it in good
condition and repair.
keep
- You willnotuse the Vehicle ina tradeor business without ourwrittenconsent.
- You willnotuse the Vehicle orabandon it. If a governmental impounds theVehicle,You will Us
unlawfully agency notify immediately
and regainpossession of theVehicle. We may regain possession of the Vehicleand treatit as a default.
- You wiTI payalltaxes,assessments, rentals,
charges, and otherfees imposed on theVehicle when are due. IfWe repair
they pay any
storage
bills, bills,
taxes, fines,
fees, orother charges on the Vehicle,You agree torepay the amount toUs.
- You willpermitUs toinspectthe Vehicle at anyreasonable time.
- You will sign,or cause othersto sign,and give Us documents We request to perfectour interest.
promptly any reasonably security
- You have notmade and willnotmake an untrue, orincomplete statement in a credit
application,this Contract or
misleading any
information provided in connectionwith thisContract.
- You will provideUs with additionalpersonal orfinancialinformation You or information aboutthe Vehicle
promptly any concerning any
that We may reasonably request from timeto time.
- You will notifyUs You
if change Your name or address.
immediately
Prepayment. You have the righttoprepay Your account balance early withouta penalty.If You prepay in full,
You may be entitled
to a refund
creditof partof thepre-computed finance charge. This creditwill
be calculated in accordance withthe actuarialmethod. We willapply thecredit
to theamount You owe Us or if Youpaid Us more than theamount owed to Us under thisContract,We willrefund it to
You. We will
retaina
$15.00 acquisitionfee before calculatingany refund creditas permittedby law. We will
not creditorrefund amounts lessthan $1.00, if permitted
by applicablelaw.
If You prepay only a portionof the balance remaining under thisContract, We will
apply the prepayment to Your account balance, however a
prepayment willnot excuse any later
scheduled payments. You must still
make allscheduled payments on time untilYour obligationunder this
Contract is paidin full.
If Youmake a partial
prepayment Your lastpayment orpayments may be lessthan the scheduled amount due.
p ag rs th
do notbuy p sicaldamage insurance which covers o interess in the Vehic
e, e may, i e decide,buy insurance which covers onlyour in erest.
Any money e advance willbe secured by theVehicle.
We are under to
no obligation buy any insurance, butmay do so if Wedesire.If We buy eitherof thesecoverage, We willlet Youknow what type it
is andthe charge You must pay. The amount You must pay will
be the premium forthe insurance 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 with thepayment
shown on the Payment Schedule
If the
Vehicle is lost
or damaged, You agree thatWe can use any insurancesettlement eitherto repair
the Vehicleor applyto Your account balance.
If applied
to Your account balance, the insurance settlementproceeds thatdo not pay Your obligation under
in full 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 claimbenefits under these contractsand terminate them toobtain
refunds ofunearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any
charge for requiredinsurance is retumed toUs,
it maybe credited to Youraccount in accordance withthe Prepayment section Contract
of this or usedto buysimilarinsurancewhich covers onlyour
interest Vehicle.
in the Any refundon optionalinsurance, maintenance, service,warranty or othercontracts obtained by Us will
be credited to Your
account in accordance with thePrepayment sectionof thisContract.
Default and Acceleration of the Contract. You willbe if:
in default
- You failto any amount due under thisContract when it is due.
pay
- You break of Yourother promises You made in this
Contract.
any
- A in bankruptcy, or is started You or againstYou or Your property.
proceeding receivership insolvency by
If Youare of this
in default Contract,We may declarethe entireunpaidbalance of this
Contract due and payable immediatelyat anytime withoutnotice
to You,unless We are requiredby law to provide
You withsuch and
notice, subject to anyright
You may have to reinstate
theContract.in figuring
what
You owe, We willgiveYou a refundof partof the
Finance Charge figuredthe same as if You
had prepaid Your obligationunder this
Contract in full.
Buyer's Initials
NEWYORKcREDITACCEPTANCECORPORATION (11-16)
© 2012 - 2016Credit Acceptance Corporation. Buyer's Initials
AllRights Reserved. PAGE 3 of 5
The original retail installment contract is assignedto Credit Acceptance Corporation
This copy was created on 02/04/2020
FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050
Copy of Electronic Original
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023
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 thatif Youare in default,
We may use any starter
interruptiondevice and/
or globalpositioningsystem the
(collectively, Device) installedon theVehicle to preventtheVehicle from and/or
starting to locate
the Vehicle when
permissible law and the terms ofthisContract allow Us to repossess the Vehicle.You agree thatif the
Vehicle is disabled,You willneed to cure
Your defaultin orderto restart
the Vehicle.You acknowledge thatYou have been provided with a toll
freetelephone number thatYou may no
call,
more than once per month, if theVehicleis disabledbut You need an emergency activation
which will
allow theVehicle to operate for24 hours.
Refer to theterms and conditions of theBuyer's Disclosurefor additionalinformationon the Device.
Repossession of the Vehicle. If You default,We may take (repossess) theVehicle from You. To repossess the Vehicle,We can enter
Your property, orthe property where the Vehicle isstored,so long as it is
done peacefullyand thelaw allows it. Anyaccessories,equipment or
replacements will
remain withthe Vehicle.You hereby acknowledge and agree that any personal property contained withinthe Vehicle may be
removed and held without to
liability Us or ouragent. It is Your to promptly
responsibility and immediately contact Us to make arrangements for the
retum of Your personal property.You areresponsible fulpayiny allreasonable charges associated withthe repossession.
Getting the Vehicle Back After Repossession. If We repossess theVehicle, You have therightto getit back(redeem). If We repossess
theVehicle solel as a resultof Yourfailureto make a payment when You
it is due, have the right
to redeem theVehicle by onlypaying all amounts
past due includi latecharges and any expenses We incurredin retaking,
holding,storing and preparingthe Vehicleforsale.Your to redeem
right
the Vehicleends hen We sell,
lease, licenseor otherwisedispose of any or all of the
Vehiclein its present
conditionor following
any commercially
reasonable preparation or processing.
Sale of the Repossessed Vehicle. Any notice thatis requiredtobe given toYou of anintended sale or transfer
of theVehicle will
be mailed
to Your last
known address, as reflectedin ourrecords,in a reasonableperiod beforethe date of theintendedsale or transfer
(or suchother period
of timeas is requiredby law).If the
Vehicle is sold,We willuse the netproceeds of thesaleto pay allor partof Yourdebt.
The netproceeds ofthe sale will
be figuredthis way: Any charges for taking,holding,preparingforsale,processing and sellingthe Vehicle,and
any attorneyfees and courtcosts,if permittedby law,willbe subtractedfrom the sellingprice.
If Youowe Us less thanthe net proceeds of sale,We will
pay You thedifference,unless We are requiredto pay it to
someone else.For example,
We may be requiredto pay a lenderwho has given You a loan and has also takena security interest
in theVehicle.
If Youowe more than the net proceeds of sale,You willpay Us the differencebetween thenet proceeds of saleand what You owe when We ask
forit.If Youdo notpay thisamount when asked, You may also be charged interestat thehighest lawfulrateuntilYou 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 attomey to collectwhat You owe and the attorneyis notoursalariedemployee, You willpay the fees
attorney's
not exceeding 15% of theamount due and payable under the Contract,and any court costsas permitted by law.
I m W d t t e t
be n writingand signe by Us. o oralchanges are in ing.If anyparto this on ract s notvali, all other
partswil remain en orceab e.
Interest After Maturity. You furtheragree to pay Us a creditservicecharge at theAnnual Percentage Rate statedon Page 1 of this
Contract or
at thehighestratepermined by applicablelaw,on any amounts thatremain unpaid aftermaturityof thisContract.For thepurposes of this
provision,
maturitymeans the earlierof thedateYour final
payment is due or thedate We accelerate the Contract.
Judgment Rate. Interest
on any judgment awarded on thisContract willbe at 9% or at the
highest ratepermittedby applicable law.
Governing Law. The terms of this
Contract aregoverned by thelaw of thestateof theSeller's
address shown on Page 1 of this
Contract,except
to theextent preempted by applicablefederallaw.
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.
OTICE OF ASSIGNMENT: The Seller has assigned this Contract toCredit Acceptance Corporation inaccordance with the terms
nd conditions set forthon Page 4 of this Contract. This assignment is without recourse. You must make allfuture payments to:
REDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
KENNEDY VENTURES LLC CW8 AGENT
Seller: gy , , ,, -,,- Title:
ASSIGNMENT
FOR VALUE RECEIVED, Seller hereby assigns and transfersallSeller's title
right, and interestin andto thisContract,and in and to theVehicle
described herein,to CREDIT ACCEPTANCE CORPORATION ("Assignee"),itssuccessors and assigns, pursuant toand in accordance with the
terms and conditions setforthin theexistingdealer agreement between Sellerand Assignee in effect
Preview
FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050 COpy Of EleCtrOniC Original NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023 Not required to mail or fax this Copy to Credit ACCeptance RETAIL INSTALMENT CONTRACT ACCOUNT # LOT # ZS7 Buyer Name and Address Buyer Name and Address Creditor-SellerName and Address DUANE LOCKE N/A KENNEDY VENTURES LLC 224 S GENESEE ST 5231 WOLF RUN EXT MONTOUR FALLS, NY 14865 CAMPBELL, NY 14821 "You" "Your" "We" and mean each Buyer above, and severally. jointly "Us", and mean Creditor-Seller and Creditor-Seller's assignee.You may buy the Vehicle describedbelow for cash or credit. The cash price is shown on Page 2 as the "Cash Price". The credit price is shown below as "Total Sale Price". You have agreed to buy the Vehicle from Us on credit for the Total Sale Price. Youacknowledge and acceptance delivery of the Vehicle in good and repair. You promise condition to pay Us all amounts due underthisRetail Instalment Contract("Contract"), the Total Sale Price, in accordance including with the payment schedule shownin the Truthin LendingDisclosuresbelow.You also agreeto the terms and below conditions the Truth (including in Lending and Disclosures) on the additional pages of this Contract. You agree to pay Us a credit service charge at the Annual PercentageRate shown below. The Annual Percentage Rate may be negotiable with Us. Year and Make Model and Body Style Color VehicleIdentification Number Odometer Reading Used 2012 GMC Acadia RED 1GKKVNED5CJ138588 96,37 3 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 cost of Your the credit will cost providedto You or on have paidafter You includingYour creditas a yearly You. Your behalf. have made all payments down payment of rate. as scheduled- 2 ' 243 OO 11,351.48 is 22.99% $ 14,734.36 26,085.84 $ 2 8 , 3 2 8 . 84 $ $ Payment Schedule: Your payment schedule will be: No. of Payments Amount of Payments When Payments Are Due $ $ 66 $ 3 95 . 24 Monthly beginning March 04 , 2 02 0 GREGEEEEER.EG.BE Additional Information: Please read thisthisContract forany additional informationabout OR nonpayment, default, Q any NAL requiredrepayment in full beforethe scheduled date, and prepayment refunds and 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 initialingbelow, 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 comoradores de vehiculos usados. La información que ve en el formulario de la ventanillaparaeste vehÃculo forma partedel presente contrato.La informacióndel formulariode la 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. C!>Buyer's Initials NEWYORKCREDITACCEPTANCECORPORATION (11-16) © 2012 - 2016Credit Acceptance Corporation. Buyer's Initials AIIRights Reserved. PAGE 1 of5 The original retail installment contractis assigned to Credit AcceptanceCorporation This copy was created on 02/04/2020 FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050 Copy of Electronic Original NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023 Not required to mail or fax this copy to Credit Acceptance ITEMIZATION OF AMOUNT FINANCED 1. Cash Price accessoriesand improvements to the Vehicle) 13 , 500 . 00 ......................................................................................... $ (including (1) 2. Sales 1 , 239 . 36 Tax........................................................................................................................................................................................ $ (2) 3. Down-Payment Calculation: Cash Down Payment .................................. 2 , 243 .......................S . 00 (A) DeferredDown Payment N/A ....................................................... $ (s) Trade-In Description: GrossTrade-ln ..............$ 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 in line 3(E) and itemize difference in 5(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) "0" N/A Net Trade-In(If negative number, Insert in line 3(H) and itemize difference in 5(J) below) (F-G) ... $ (H) Other: Manufacturers Rebate N/A ......................................................................................................... $ TotalDown Payment + B + E + H + I) ..........................................(A $ 2 , 243 . 00(3) 4. Unpaid Balance ofCash Price(1+ 2 less 12 , 496 . 36 3)................................................................................................................................ $ (4) 5. OtherCharges Amounts Including Paidto Otherson Your Behalf: *(NOTICE: A portionof these charges may be paidto or retained by Us.) A. *Costof Required PhysicalDamage Insurance Paidto Insurance ....... .............................N/A Company $ B. *Cost of Optional Extended or ServiceContractPaidto the named below......... $ 1, 992 . 00 Warranty Company (s) C. Cost of FeesPaid to Public Officials for or Satisfying a Security N/A Perfecting, Releasing Interest..........$ (C) D. Cost of FeesPaid to Public Officials forCertificate of Title, Licenseand Registration....................... $ 150 . 00 (D) Other Charges (Sellermust who identify will receivepayment anddescribe purpose) E. to N/A for payoff lien or lease ..................... .... ................ ..... $ N/A (E) F. *to Hi ll si de Mo t o r s for DE AL ER PROC E S S I NGFEE 75 . 00 (p) G. *to hi ll s i de for EM I S S ION TE S T F EE 21 . 00 (G) H. *to N/A for N/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 Paidto Otherson Your Behalf ........... . ................. . ..... . $ 2 , 23 8 . 00 ..... ...... ................................ (5) 6. Less PrepaidFinance Charge ................... ..................... .. . ........ . ......... . ......... ... . ... ....... N/A ........................................ $ (g) 7. Amount Financed -Unpaid Balance (4 + 5 less 6)........ ........ . ...... ...... ....... ... ..... 14 , 734 . 36 ........................................................ $ (7) extended warranty orservice contractcovering the repairof certainmajor mechanical breakdowns of theVehicle and relatedexpenses. Refer to theoptionalextended warranty or servicecontractfordetailsabout coverage and duration. Price 1, 992 . 00 Term:2 4 Mo s . \ 24000 Mi les Company:Wynn's Extended Inc. $ Care, Joede ,,,, ,,,,_,,,,,| 02 /04 /2020 Buyer's Signature Date Buyer'sSignature Date NOTICE TO BUYER: 1. Do not sign this agreement before you read itor ifitcontains any blank space. 2.You are entitled to a completely filled in copy of this agreement. 3. Under the law, you have the right to 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 in this contract from an agent or broker of your own selection. You agree to the terms of this Contract and acknowledge that You have received a copy of thisContract with allblanks filled in and that You have read itand understand it. RETAIL INSTALMENT CONTRACT Buyer s Signature: x mn. Buyer'sSignature:x Seller:KENNEDY VENTURES LLC By = - Title: AGENT This Contractis signed and heretothis 4 th of F e brua ry 2 02 0 by theSeller Buyer(s) day NEWYORKCREDITACCEPTANcECORPORATION (11-16) © 2012 - 2016Credit Acceptance Corporation. AllRights Reserved. PAGE 2 of 5 The original retail installment contractis assignedto Credit Acceptance Corporation This copy was created on 02/04/2020 FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050 Copy of Electronic Original NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023 Not required to mail or fax this copy to Credit Acceptance ADDITIONAL TERMS AND CONDITIONS Security Interest. You giveUs a securityinterestin:1). The Vehicle and allpartsor goods installed in 2). it; AIImoney or goods received (proceeds) forthe Vehicle; 3).Allinsurance, maintenance, serviceor other contractsWe finance forYou; and 4).Allproceeds from insurance, maintenance, serviceor other contractsWe financefor You (thisincludesany refunds of premiums). This secures payment of allYou owe on this Contract and in any renewal, transfer, extension or assignment of this Contract.It also secures Your other agreements in this Contract.You agree to have the of title certificate show our securityinterest (lien)in the Vehicle. Late Charge. You promise to make allpayments when due. If Youfailtomake a payment when it is due, You agree topay Us a latecharge as stated on Page 1 of thisContract.You agree thatWe do notwaive any of ourrightsby acceptingone or more latepayments from You. Bad Check Charge. You agree to payUs a bad check charge of $20.00(or such otheramount permittedby applicablelaw) forany check or like instrument given byYou toUs that is returnedby Your bank because ofinsufficient funds or because Your bank account was closed. Ownership and Risk of Loss. You promiseto pay Us allYou owe under thisContract even if the Vehicle is damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You willnotremove the Vehiclefrom the United States or Canada without our writtenpermission. - You willnotsell,rent,leaseor otherwise transfer interestin theVehicleor thisContract withoutour writtenpermission. any - You willnotexpose theVehicle to misuse or confiscation. - You willnotpermit other or lien interesttobe placed on the Vehicle. any security - You willpreserve and protectthe Vehicleand it in good condition and repair. keep - You willnotuse the Vehicle ina tradeor business without ourwrittenconsent. - You willnotuse the Vehicle orabandon it. If a governmental impounds theVehicle,You will Us unlawfully agency notify immediately and regainpossession of theVehicle. We may regain possession of the Vehicleand treatit as a default. - You wiTI payalltaxes,assessments, rentals, charges, and otherfees imposed on theVehicle when are due. IfWe repair they pay any storage bills, bills, taxes, fines, fees, orother charges on the Vehicle,You agree torepay the amount toUs. - You willpermitUs toinspectthe Vehicle at anyreasonable time. - You will sign,or cause othersto sign,and give Us documents We request to perfectour interest. promptly any reasonably security - You have notmade and willnotmake an untrue, orincomplete statement in a credit application,this Contract or misleading any information provided in connectionwith thisContract. - You will provideUs with additionalpersonal orfinancialinformation You or information aboutthe Vehicle promptly any concerning any that We may reasonably request from timeto time. - You will notifyUs You if change Your name or address. immediately Prepayment. You have the righttoprepay Your account balance early withouta penalty.If You prepay in full, You may be entitled to a refund creditof partof thepre-computed finance charge. This creditwill be calculated in accordance withthe actuarialmethod. We willapply thecredit to theamount You owe Us or if Youpaid Us more than theamount owed to Us under thisContract,We willrefund it to You. We will retaina $15.00 acquisitionfee before calculatingany refund creditas permittedby law. We will not creditorrefund amounts lessthan $1.00, if permitted by applicablelaw. If You prepay only a portionof the balance remaining under thisContract, We will apply the prepayment to Your account balance, however a prepayment willnot excuse any later scheduled payments. You must still make allscheduled payments on time untilYour obligationunder this Contract is paidin full. If Youmake a partial prepayment Your lastpayment orpayments may be lessthan the scheduled amount due. p ag rs th do notbuy p sicaldamage insurance which covers o interess in the Vehic e, e may, i e decide,buy insurance which covers onlyour in erest. Any money e advance willbe secured by theVehicle. We are under to no obligation buy any insurance, butmay do so if Wedesire.If We buy eitherof thesecoverage, We willlet Youknow what type it is andthe charge You must pay. The amount You must pay will be the premium forthe insurance 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 with thepayment shown on the Payment Schedule If the Vehicle is lost or damaged, You agree thatWe can use any insurancesettlement eitherto repair the Vehicleor applyto Your account balance. If applied to Your account balance, the insurance settlementproceeds thatdo not pay Your obligation under in full 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 claimbenefits under these contractsand terminate them toobtain refunds ofunearned charges. Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for requiredinsurance is retumed toUs, it maybe credited to Youraccount in accordance withthe Prepayment section Contract of this or usedto buysimilarinsurancewhich covers onlyour interest Vehicle. in the Any refundon optionalinsurance, maintenance, service,warranty or othercontracts obtained by Us will be credited to Your account in accordance with thePrepayment sectionof thisContract. Default and Acceleration of the Contract. You willbe if: in default - You failto any amount due under thisContract when it is due. pay - You break of Yourother promises You made in this Contract. any - A in bankruptcy, or is started You or againstYou or Your property. proceeding receivership insolvency by If Youare of this in default Contract,We may declarethe entireunpaidbalance of this Contract due and payable immediatelyat anytime withoutnotice to You,unless We are requiredby law to provide You withsuch and notice, subject to anyright You may have to reinstate theContract.in figuring what You owe, We willgiveYou a refundof partof the Finance Charge figuredthe same as if You had prepaid Your obligationunder this Contract in full. Buyer's Initials NEWYORKcREDITACCEPTANCECORPORATION (11-16) © 2012 - 2016Credit Acceptance Corporation. Buyer's Initials AllRights Reserved. PAGE 3 of 5 The original retail installment contract is assignedto Credit Acceptance Corporation This copy was created on 02/04/2020 FILED: CHEMUNG COUNTY CLERK 01/24/2023 01:13 PM INDEX NO. 2023-5050 Copy of Electronic Original NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/24/2023 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 thatif Youare in default, We may use any starter interruptiondevice and/ or globalpositioningsystem the (collectively, Device) installedon theVehicle to preventtheVehicle from and/or starting to locate the Vehicle when permissible law and the terms ofthisContract allow Us to repossess the Vehicle.You agree thatif the Vehicle is disabled,You willneed to cure Your defaultin orderto restart the Vehicle.You acknowledge thatYou have been provided with a toll freetelephone number thatYou may no call, more than once per month, if theVehicleis disabledbut You need an emergency activation which will allow theVehicle to operate for24 hours. Refer to theterms and conditions of theBuyer's Disclosurefor additionalinformationon the Device. Repossession of the Vehicle. If You default,We may take (repossess) theVehicle from You. To repossess the Vehicle,We can enter Your property, orthe property where the Vehicle isstored,so long as it is done peacefullyand thelaw allows it. Anyaccessories,equipment or replacements will remain withthe Vehicle.You hereby acknowledge and agree that any personal property contained withinthe Vehicle may be removed and held without to liability Us or ouragent. It is Your to promptly responsibility and immediately contact Us to make arrangements for the retum of Your personal property.You areresponsible fulpayiny allreasonable charges associated withthe repossession. Getting the Vehicle Back After Repossession. If We repossess theVehicle, You have therightto getit back(redeem). If We repossess theVehicle solel as a resultof Yourfailureto make a payment when You it is due, have the right to redeem theVehicle by onlypaying all amounts past due includi latecharges and any expenses We incurredin retaking, holding,storing and preparingthe Vehicleforsale.Your to redeem right the Vehicleends hen We sell, lease, licenseor otherwisedispose of any or all of the Vehiclein its present conditionor following any commercially reasonable preparation or processing. Sale of the Repossessed Vehicle. Any notice thatis requiredtobe given toYou of anintended sale or transfer of theVehicle will be mailed to Your last known address, as reflectedin ourrecords,in a reasonableperiod beforethe date of theintendedsale or transfer (or suchother period of timeas is requiredby law).If the Vehicle is sold,We willuse the netproceeds of thesaleto pay allor partof Yourdebt. The netproceeds ofthe sale will be figuredthis way: Any charges for taking,holding,preparingforsale,processing and sellingthe Vehicle,and any attorneyfees and courtcosts,if permittedby law,willbe subtractedfrom the sellingprice. If Youowe Us less thanthe net proceeds of sale,We will pay You thedifference,unless We are requiredto pay it to someone else.For example, We may be requiredto pay a lenderwho has given You a loan and has also takena security interest in theVehicle. If Youowe more than the net proceeds of sale,You willpay Us the differencebetween thenet proceeds of saleand what You owe when We ask forit.If Youdo notpay thisamount when asked, You may also be charged interestat thehighest lawfulrateuntilYou 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 attomey to collectwhat You owe and the attorneyis notoursalariedemployee, You willpay the fees attorney's not exceeding 15% of theamount due and payable under the Contract,and any court costsas permitted by law. I m W d t t e t be n writingand signe by Us. o oralchanges are in ing.If anyparto this on ract s notvali, all other partswil remain en orceab e. Interest After Maturity. You furtheragree to pay Us a creditservicecharge at theAnnual Percentage Rate statedon Page 1 of this Contract or at thehighestratepermined by applicablelaw,on any amounts thatremain unpaid aftermaturityof thisContract.For thepurposes of this provision, maturitymeans the earlierof thedateYour final payment is due or thedate We accelerate the Contract. Judgment Rate. Interest on any judgment awarded on thisContract willbe at 9% or at the highest ratepermittedby applicable law. Governing Law. The terms of this Contract aregoverned by thelaw of thestateof theSeller's address shown on Page 1 of this Contract,except to theextent preempted by applicablefederallaw. 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. OTICE OF ASSIGNMENT: The Seller has assigned this Contract toCredit Acceptance Corporation inaccordance with the terms nd conditions set forthon Page 4 of this Contract. This assignment is without recourse. You must make allfuture payments to: REDIT ACCEPTANCE CORPORATION, 25505 WEST TWELVE MILE ROAD, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506. KENNEDY VENTURES LLC CW8 AGENT Seller: gy , , ,, -,,- Title: ASSIGNMENT FOR VALUE RECEIVED, Seller hereby assigns and transfersallSeller's title right, and interestin andto thisContract,and in and to theVehicle described herein,to CREDIT ACCEPTANCE CORPORATION ("Assignee"),itssuccessors and assigns, pursuant toand in accordance with the terms and conditions setforthin theexistingdealer agreement between Sellerand Assignee in effect